CHRIS HAYES @ NYT: “RULE OF LAW” IS A RACIST CODE USED BY TRUMP, SESSIONS, & THE GOP!

https://www.nytimes.com/2018/03/17/opinion/sunday/chris-hayes-trump-law-order.html

Hayes writes:

Donald Trump is not subtle. While normal political language functions through implication and indirection, Mr. Trump luxuriates in saying the quiet part loud. But in doing so, Mr. Trump exposes what drives the politics of the movement he commands. That is most evident in the way he talks about crime and punishment.
No president since Richard Nixon has embraced the weaponized rhetoric of “law and order” as avidly as Mr. Trump. “When I take the oath of office next year, I will restore law and order to our country,” he said during his acceptance speech at the Republican National Convention in 2016. “I will work with, and appoint, the best prosecutors and law enforcement officials in the country to get the job properly done. In this race for the White House, I am the law and order candidate.”
Time and again, the president denounces “illegals” and “criminals” and the “American carnage” they wreak on law-abiding Americans. He even advised an audience of police officers to rough up suspects they were arresting.
Yet this tough-guy stance disappears when the accused are in the president’s inner circle. In defending Rob Porter, the White House senior aide accused of abuse by both of his ex-wives, the president wondered whatever happened to due process while praising a man accused of giving his wife a black eye. (Mr. Porter denies the abuse.)
It’s no surprise that Mr. Trump’s critics pounced. Where was this concern for due process, they asked, when the president and his supporters chanted “Lock her up” about Hillary Clinton, who hadn’t even been formally accused of a crime? Where was his devotion to due process when he called for the Central Park Five to be executed, and then, after their exoneration, still maintained that they were guilty?
As tempting as it is to hammer Mr. Trump for his epic hypocrisy, it is a mistake. The president’s boundless benefit of the doubt for the Rob Porters and Roy Moores of the world, combined with off-with-their-heads capriciousness for immigrants accused of even minor crimes, is not a contradiction. It is the expression of a consistent worldview that he campaigned on and has pursued in office.
In this view, crime is not defined by a specific offense. Crime is defined by who commits it. If a young black man grabs a white woman by the crotch, he’s a thug and deserves to be roughed up by police officers. But if Donald Trump grabs a white woman by the crotch in a nightclub (as he’s accused of doing, and denies), it’s locker-room high jinks.
This view is also expressed by many of the president’s staff members, supporters and prominent allies. During the same week that the White House chief of staff, John Kelly, repeatedly vouched for Rob Porter’s integrity, Mr. Kelly also mused that hundreds of thousands of unauthorized immigrants who did not fill out the paperwork for DACA protections had refused to “get off their asses.”
A political movement that rails against “immigrant crime” while defending alleged abusers and child molesters is one that has stopped pretending to have any universalist aspirations.
This is the opposite of what we like to tell ourselves is the traditional American civic creed: one symbolized by a blindfolded Lady Justice who applies the law without fear or favor to whoever may come before her. It is one of Mr. Trump’s most insidious victories that he has given his supporters permission to drop any pretense of insisting that their actions and views should conform to this principle.
If all that matters when it comes to “law and order” is who is a friend and who is an enemy, and if friends are white and enemies are black or Latino or in the wrong party, then the rhetoric around crime and punishment stops being about justice and is merely about power and corruption.
And this is what “law and order” means: the preservation of a certain social order, not the rule of law. It shouldn’t have taken this long to see what has always been staring us in the face. After all, the last president to focus so intensely on law and order, Richard Nixon, the man who helped usher in mass incarceration, was also the most infamous criminal to occupy the Oval Office. The history of the United States is the story of a struggle between the desire to establish certain universal rights and the countervailing desire to preserve a particular social order.
We are now witnessing a president who wholly embraces the latter. America can have that kind of social order, or it can have justice for all. But it can’t have both.
Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and sign up for the Opinion Today newsletter.
Chris Hayes (@chrislhayes) is host of “All In with Chris Hayes” on MSNBC and the author of “A Colony in a Nation.”

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Yup. Probably the most lawless Administration in history, certainly in my lifetime, disingenuously throws around the term “Rule of Law” all the time.

“The president’s moral framework springs from an American tradition of cultivating fear and contempt among its white citizens against immigrants, indigenous people and people of color, who are placed on the other side of “the law.” It’s a practice that has taken on new strength at a time when many white people fear they may be outnumbered, outvoted and out of time.”

But, the good news is that those of us who actually believe in the “REAL Rule of Law” can unite and stand up to Trump, Sessions, Miller and the racist, White Nationalist movement. When we succeed, the “REAL Rule of Law” will actually be available to Trump and his followers on an equal basis with everyone else. And, for many of them, the fair application of the law to everyone in America, as required by the Due Process clause of our Constitution, could be bad news! Let the chips fall where they may.  

PWS

03-19-18

ROBIN UREVICH TAKES US INSIDE THE DEADLY “NEW AMERICAN GULAG” OPERATED BY THE DHS — “Civil Detainees” Are Dying At A Rate Of About One Per Month In The Hands Of Our Government — Many Think Some Of These Deaths Were Preventable!

The fabulous investigative reporter Robin Urevich with continuing coverage from Capitol & Main’s “Deadly Detention Series:”

https://capitalandmain.com/deadly-detention-self-portrait-of-a-tragedy-0314

“Deadly Detention: Self-Portrait of a Tragedy

Co-published by International Business Times
The missteps and errors of ICE and its contractors have led to concerns about the safety of immigrant detainees with mental health issues.

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Robin Urevich

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Photo: Robin Urevich


A suicidal detainee never got the mental health care he needed and was placed in a cell that contained a known suicide hazard,
a ceiling sprinkler head.


Co-published by International Business Times

Sometime after midnight in mid-May of 2017, 27-year old JeanCarlo Jimenez Joseph fashioned a noose from a bed sheet and hanged himself in his solitary confinement cell at the Stewart Detention Center, located in the pine woods of southwest Georgia. Stewart’s low-slung complex lies behind two tall chain-linked fences, each crowned with huge spirals of glinting barbed wire. Beginning in 2006, the facility began to house undocumented immigrants detained by U.S. Immigration and Customs Enforcement.

Jimenez’s fall sounded like a sledgehammer blow, said 20-year-old Abel Ramirez Blanco, who was also in segregation at Stewart that night. Another detainee, Miguel Montilla, had peered through the metal grate on his door and saw guard Freddy Wims frantically knocking at Jimenez’s cell door. “He got on the walkie-talkie and started screaming,” Montilla said.

“I looked in the door and I didn’t see him,” Wims would later remember. Wims scanned the small cell until, he said, “I looked over in the corner by the commode and he was hanging there by the sheet.”

Within hours, Georgia Bureau of Investigation agents descended on Stewart, about 140 miles south of Atlanta, to find out if foul play had been involved in Jimenez’s death. It wasn’t. But the investigation, which generated audio interviews of Stewart staff and detainees, along with recordings of Jimenez’s personal phone calls and official documents, revealed that CoreCivic, the for-profit prison company that operates Stewart for ICE, and ICE Health Services Corps, which provides health care at Stewart, cut corners and skirted federal detention rules. The organizations’ missteps and errors have led to concerns about the safety of immigrant detainees with mental health issues.

Also Read: “Hell in the Middle of a Pine Forest”

The probe disclosed that Jimenez repeatedly displayed suicidal behavior, but never got the mental health care he needed. He was also placed in a cell that contained a known suicide hazard, a ceiling sprinkler head, upon which he affixed his makeshift noose. Freddy Wims was assigned to check Jimenez’s cell every half hour, but didn’t do so. Instead, he falsified his logs to make it appear he had, and he was later fired. Stewart’s warden, Bill Spivey, retired after Jimenez’s death; a CoreCivic spokesman told The Atlanta Journal-Constitution that the two events were unrelated. Spivey couldn’t be reached for comment for this article.


Psychiatrist: Placing a suicidal prisoner in solitary confinement is like placing someone with bad asthma in a burning building.


CoreCivic’s spokesman, Jonathan Burns, didn’t respond to questions about Jimenez’s death and detention. Instead, he wrote in an email, “CoreCivic is deeply committed to providing a safe, humane and appropriate environment for those entrusted to our care, while also delivering cost-effective solutions to the challenges our government partners face.” ICE spokeswoman Tamara Spicer wrote in an email that she couldn’t answer questions about the case because it is “still undergoing a comprehensive review that has not been released.”

Jimenez had been in solitary for 19 days at the time of his death — punishment for what his sister would tell investigators was an earlier suicide attempt. He had leapt from a second-floor walkway in his dormitory, and later repeatedly told detention center personnel, “I am Julius Caesar for real.” He was physically unhurt, but Stewart staff were aware he was suffering from mental illness and had a history of suicide attempts, documents show. Still, after his jump, Jimenez saw a nurse who quickly cleared him for placement in a 13-by-7-foot segregation cell alone for 23 hours a day. After that, his suffering seemed to intensify.

“Placing a suicidal prisoner in segregation is like placing someone with bad asthma in a burning building,” Terry Kupers, a Bay Area psychiatrist who has studied solitary confinement and who reviewed some of the documents in Jimenez’s case, noted in an email. He added that half of successful prison suicides occur among the three to eight percent of prisoners in solitary confinement.

Jimenez wasn’t put on suicide watch, or even ordered monitored more frequently than the normal half-hour checks. He continued to display alarming behavior. Montilla told the GBI that he and a guard had heard Jimenez screaming and banging on his cell wall two weeks before his death. “Man, I’m suffering from psychosis and I hear voices talking to me and they’re bothering the shit out of me,” Montilla recalled Jimenez saying.

Registered Nurse Shuntelle Anderson told a GBI agent that some five days before his death, she saw Jimenez banging the metal mirror in his cell. He told her, “These fucking voices, they won’t leave me the fuck alone …They’re telling me to commit suicide…but I don’t want to harm myself.”


See Interactive Map of U.S. Detention Deaths


Jimenez asked Anderson for a higher dose of the anti-psychotic drug Risperidone, which he’d previously been prescribed at a North Carolina mental health facility. It was at least the second such request he’d made at Stewart — where he received only a fourth of his normal dosage.

Anderson told investigators she left a note for the facility’s behavioral health counselor, Kimberly Calvery, saying that Jimenez wanted more medication. Calvery arranged for him to speak with the detention center’s psychiatrist but Jimenez didn’t live long enough to keep the appointment, which was scheduled later in the morning he died. Calvery later told investigators that Jimenez “never showed any suicidal tendencies at the Stewart Detention Center.”


Homeland Security reported that at the Stewart Detention Center solitary confinement, which  isn’t supposed to be punitive, appeared to be sometimes used to punish trivial offenses.

 


“He was such a good kid,” Anderson told investigators in the hours after Jimenez’s death. Earlier that night, she’d given him medication and he’d shared a self-portrait he’d been working on. “It was very nice, very detailed and last night, when I went down there, he said, ‘Look, I finished it.’” Anderson said. Guards and detainees also described Jimenez as mostly lucid and friendly, despite his occasional outbursts, quirky comments and a propensity to call himself Julius Caesar.

In a December 2017 report, “Concerns about ICE Detainee Treatment and Care at Detention Facilities,” the Homeland Security inspector general wrote that at Stewart and three other facilities (which are operated by county governments), “We identified problems that undermine the protection of detainees’ rights, their humane treatment, and the provision of a safe and healthy environment.” The IG’s staff wrote that immigration detention isn’t supposed to be punitive, and noted that at three of the facilities, including Stewart, segregation or solitary confinement appeared to be sometimes used to punish trivial offenses. At Stewart, the inspectors also found that showers were moldy and lacked cold water in some cases, and some bathrooms had no hot water, and that medical care, even for painful conditions, had been delayed for detainees.


Since 2003, 179 immigrant detainees have died in custody, many from preventable causes, like pneumonia and alcohol withdrawal.


Additionally, despite Jimenez’s nonviolent crimes, he was classified as a high-risk detainee. He had been convicted of marijuana possession, petty theft and an assault charge that arose from an unwanted hug he gave a woman in Raleigh, North Carolina. He was issued a red jumpsuit to signal his danger level and housed with others who were similarly classified. The inspector general’s report flagged misclassification of detainees as a problem at Stewart. While there, Jimenez wavered between wanting to wage a court battle to stay in the U.S., and paying for his own return to Panama through a process called voluntary departure. But, before he could take the first steps to fight his case, he ran into roadblocks, including the failure of the detention center to send a set of documents that Jimenez’s attorney had requested.

 Since 2003, 179 immigrant detainees have died in custody, many from preventable causes, like pneumonia and alcohol withdrawal. Human rights groups point to dozens of others who endure painful medical conditions and must wait for care or never receive it at all.

Like Jimenez, they’ve been dropped into a ballooning system whose rapid growth and diffuse nature would make it hard for the government to closely monitor, even if it attempted to do so.

ICE had fewer than 7,500 detention beds in 1995. Now the system is 500 percent bigger, with nearly 40,000 beds nationwide in 200 facilities that operate under three different sets of government standards. The Trump administration plans to add 12,000 more beds this year alone even as vulnerable detainees currently fall through the cracks.


JeanCarlo Jimenez completed his self-portrait and tied knots in a white bed sheet to shorten it. A guard  observed him jumping rope with it.


Federal officials largely maintain a hands-off approach, leaving it to private prison companies like CoreCivic and the GEO Group to run day-to-day affairs. The companies tend to run them like prisons and not as the civil detention facilities that the law says they are.

Photo: Robin Urevich

“Contractors operating facilities for ICE typically have backgrounds in corrections, and this shapes how they administer their ICE detention facilities,” said Kevin Landy, who led the Obama administration’s immigration detention reform efforts as the head of ICE’s Office of Detention Policy and Planning.

“Problems such as medical care, the way disciplinary proceedings are administered, the lack of sensitivity to detainee needs, and conditions generally reflect the problems writ large in our correctional system,” Landy said.

At Stewart, these problems have been particularly acute, said attorney Azadeh Shahshahani, whose group, Project South, monitors conditions at Stewart. “The facility needs to be shut down. It’s beyond redemption.”

Jimenez had come to the United States from Panama when he was 10, graduated from high school in Kansas, and considered himself American, even though he lived in the U.S. without documents most of his life. Public records show he even registered to vote in North Carolina — as a Republican.

“When I heard what happened, it blew my mind,” said Matt Schott, who was about four years older than Jean Jimenez and now works for an oil and gas exploration company in Kansas. Jimenez was 19 when he and his sister, Karina Kelly, came to Matt’s church, and they became friends 12 years ago. “He brought a lot of laughter to everybody,” Schott said, recalling Jean’s huge open smile. In photos, he’s beaming, showing a mouthful of teeth and wearing a big afro.

“Jean would just show up at the house. We’d play Christian worship music, and be up till 3 or 4 in the morning. We would get a bunch of food and go to a park,” Schott remembered. A video on Jean’s Facebook page shows him executing expert dance moves as friends play instruments outdoors.

Schott said when they began to share more of their lives, Jean tearfully told Matt he was undocumented and had to hide in plain sight. “He had big dreams. He wanted to start an architecture firm and had already named it — Eyes Design.”

Except for a few Facebook messages they exchanged, Schott lost track of Jimenez after the latter moved to North Carolina with his mother and stepfather about eight years ago. While there, Jimenez had obtained protection from deportation through the Obama administration’s DACA or Deferred Action for Childhood Arrivals program.

But, in the six months before he was detained, his mental health declined. He was hospitalized twice for psychotic episodes and lost his DACA status. Jimenez also had the misfortune of being arrested just as President Trump took office. The new administration had declared that anyone in the country illegally was fair game for immigration enforcement, even if they’d committed no crime or if their crimes were as minor as Jimenez’s. He was transferred to ICE custody.

For Jimenez the prospect of deportation to Panama, a country he had left behind as a child, was scary, his sister Karina wrote in a chronology of conversations with her brother that she sent to the family’s attorney. “Game is over,” Kelly recalled Jimenez saying. But before being shipped to Panama, he would be held at Stewart, arguably one of the most troubled detention centers in the country.

About six weeks into his detention a fellow detainee punched Jimenez in the groin and busted his lip. Jimenez was punished with his first stint in solitary — even though he was the victim in the attack and the detention center’s camera shows he didn’t fight back.

“I’m tired of this life,” Jimenez told his stepfather Gilberto Rodriguez in a recorded phone call soon after, his voice sounding uncharacteristically weary.

“Don’t give up, you can start over,” Rodriguez counseled. “In God’s name you’re getting out…we have to do this together.”

Just two days before his death, Jimenez’s mother, Nerina Joseph, and Rodriguez made the trip from Raleigh, North Carolina, to visit him. “She reported that he was so happy to see them, and they had the best 60 minutes a mother in her shoes could ever ask for,” Karina Kelly wrote.

Still, Jimenez’s mother was concerned about his well-being, and stopped by El Refugio, a hospitality center in Lumpkin, Georgia, where detention center visitors can find a meal and place to sleep. El Refugio volunteers also visit detainees, and Joseph requested that someone check on Jimenez. A volunteer attempted to see him the next day, but was turned away because Stewart personnel mistakenly said Jimenez couldn’t receive visitors. Records show there were no such restrictions on Jimenez’s visits.

Later that night, Jimenez completed his self-portrait, and tied knots in a white bed sheet to shorten it. A guard even observed him jumping rope with the sheet a few hours before he died and asked him about it. Jimenez replied he was staying in shape and the guard took no further action.

Ten days after Jimenez’s suicide, a fellow detainee, Abel Ramirez Blanco, told GBI investigator Justin Lowthorpe that he had listened in his cell as guards, nurses and finally paramedics labored over Jimenez’s lifeless body, and an automatic defibrillator blared robotic CPR instructions.

A videotape of the scene inside Jimenez’s cell shows nurses Shuntelle Anderson and Davis English desperately trying to resuscitate Jimenez. Anderson yells for guards to call 911. “I’m calling an ambulance,” a voice answers. Records from a regional 911 center show paramedics were called six minutes after Wims radioed a medical emergency, and arrived in Jimenez’s cell some seven minutes after they were called.

ICE inspectors haven’t yet weighed in on Jimenez’s case. But in studying a 2013 suicide, ICE reviewers criticized staff at a Pennsylvania facility for waiting four minutes to call 911, writing that the Mayo Clinic and the American Heart Association recommend calling 911 before beginning CPR.

Jimenez was eventually taken to a hospital where he was pronounced dead less than 15 minutes after his arrival.

Red caution tape was placed in the shape of a large X on Jimenez’s cell door. Inside the cell, steel shelves held his art supplies, his artwork and a plastic instant-noodle soup bowl with some of the broth still in it. On his wall Jimenez had written, “The grave cometh. Halleluyah.”

A death like Jimenez’s “could have happened to me,” Ramirez told GBI agent Lowthorpe, because of his own anxiety and depression. Ramirez said Stewart staff didn’t help him when he reported those symptoms. Instead, he was thrown in segregation where he witnessed Jimenez’s suicide, and began to feel even more desperate.

Matt Schott struggled to reconcile his friend’s death with his Christian faith. “People believe you commit suicide and you go to hell,” Schott said. “I can’t believe that about Jean because I knew who he really was. I love the guy and I believe one day I’ll see him again.”

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https://capitalandmain.com/deadly-detention-hell-middle-pine-forest-0314

“DEADLY DETENTION

Deadly Detention: Hell in the Middle of a Pine Forest

Immigrant detainees represent more than $38 million a year for CoreCivic, a for-profit prison company that is the largest employer in one of Georgia’s poorest counties.

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Robin Urevich

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Photo: Robin Urevich


Former ICE Guard: “They’re always putting them in the hole — in segregation. And they manhandle people.”


Deep in a Georgia pine forest, two hours south of Atlanta, early morning mist rises in wisps over the Stewart Detention Center, a facility run by CoreCivic, one of the nation’s largest for-profit prison companies. The bucolic scene clashes with the tall, barbed wire-topped chain-link fences surrounding the center, and the echoing shouts, crackling radios and slamming doors inside the walls. Technically, the roughly 1,700 men here aren’t prisoners, but civil detainees being held for U.S. Immigration and Customs Enforcement as they plead their cases to remain in the United States, or as the government prepares their deportations.

Also Read: “Self-Portrait of a Tragedy”

The detainees represent more than $38 million a year for CoreCivic — the government pays the company nearly $62 a day per man. It is the largest employer in Stewart County, one of Georgia’s poorest.

Immigrant rights groups have charged that the conditions here are not only indistinguishable from those in prison, they are downright abusive. In fact, a December 2017 Homeland Security Inspector General’s report expressed concerns about human rights abuses and, last month, Joseph Romero, a retired ICE officer who served as a guard, told Capital & Main that he resigned a supervisor job at Stewart in 2016 because he didn’t like the way people were treated.


Guatemalan Asylum Seeker: “It is hell in here. I wouldn’t even recommend it to a person I hate.”


“They’re always putting them in the hole — in segregation,” Romero said. “And they manhandle people. They think they can take care of their problems like that.” Romero noted that few officers speak Spanish, so there is little understanding or communication between guards and detainees.

JeanCarlo Jimenez Joseph’s suicide by hanging while in solitary confinement last May and 33-year-old Cuban national Yulio Castro Garrido’s death from pneumonia last December have brought these concerns to the fore.

Jimenez was mentally ill and had been in solitary for 19 days when he died — four days longer than the United Nations Rapporteur on Torture considers torture.


See Interactive Map of U.S. Detention Deaths


“It is hell in here. I wouldn’t even recommend it to a person I hate,” said Wilhen Hill Barrientos, a 23-year-old Guatemalan asylum seeker who has been in detention — at Stewart, the Atlanta Detention Center and at the Irwin Detention Center in Ocilla, Georgia — since 2015.

In addition to many other abuses that he alleges — rotten food, forced work and abuse by guards — Hill has also served 60 days in isolation. He said it was retaliation for a grievance he’d filed. He was placed in solitary, ostensibly because he’d been exposed to chickenpox; however, other detainees who, like Hill, reported they’d had the disease as children were released.


CoreCivic documents show that detainees were in isolation for such offenses as “horse playing.”


ICE detention standards specify that isolation is to be used only to punish the three most serious categories of rule violations, and only “when alternative dispositions may inadequately regulate the detainee’s behavior.”

But CoreCivic documents released after Jimenez’s suicide show that on the day that he died, detainees were in isolation for such offenses as “horse playing,” “refusal to obey staff” or “conduct that disrupts.” Four men had been in solitary for more than 60 days. One of them, Sylvester Smith, who was deported to Sierra Leone at the end of 2017, served at least four months in isolation. His charges were variously listed as “being found guilty of a combination of th…” (the word is cut off on CoreCivic’s restricted housing roster) and “failure to obey.”

After Jimenez died, however, then-warden Bill Spivey held weekly meetings aimed at reducing the number of people in solitary. By October 2017, documents show, there were just 10 people in isolation, but when Spivey retired and an assistant warden took over, the census more than doubled. CoreCivic spokesman Jonathan Burns didn’t respond to emailed questions about the current number of men in segregation.

Joseph Romero, the former ICE officer who worked at Stewart, is tall and graying with a full mustache and beard. He is proud of his ICE career but thinks the for-profit detention model the government has adopted has to go.

“They should go back and have these detention centers run by Immigration, not by private contractors,” Romero said. ICE officers treat people better, because they value their careers, Romero said. “You’re making a lot more money, you have retirement and better benefits. After 20 years, you can retire. At CCA [now known as CoreCivic], you have nothing.”


A detainee says guards call detainees “wetbacks” and “dogs,” and have greeted each other with Nazi salutes.


What’s more, Romero said, Stewart was understaffed: It wasn’t uncommon for officers to work double shifts and return to work eight hours later. “That’s why they’re so irritated,” he said. Equipment was also substandard, Romero claimed. He describes gun holsters that lack the safety snap that prevents a gun from being snatched by a thief or would-be attacker.

Romero said he wanted to try to change conditions for the better at Stewart, but found resistance from a tight, insular group that ran the place, and realized he could do little. Then he witnessed an incident that convinced him it was time to leave.

He saw two guards walking a handcuffed detainee to segregation. One of them “got in the guy’s face,” Romero recalled, and the detainee head-butted the guard. “The next thing you know the guard starting punching on the guy,” Romero said. He later watched a video of the beating with his co-workers, and Romero was taken aback by their reaction. “They said he asked for it, and I’m like wait a sec… If you’re in handcuffs why would I hit you? I have total control of you.”

The guard who threw the punch got fired, and a training session followed. But Romero doesn’t know if it had any effect because he left shortly thereafter.

Hill Barrientos said from his vantage point as a detainee, Stewart is worse than it was in 2016 when Romero was there. He believes Trump’s election signaled to detention officers that they could disrespect detainees with impunity.

Guards call detainees “wetbacks” and “dogs,” Hill Barrientos charged. He said that he’s even seen white detention officers greet each other with a Nazi salute. Health care is hard for detainees to obtain, Hill Barrientos said. He worked in the kitchen with Castro Garrido, who, he said, grew increasingly sicker because he was required to work instead of being allowed time to seek medical attention. ICE initially reported in its news release about Castro’s death that he had refused medical attention, an account that was widely reported. But the agency later corrected its news release to say that Castro’s case “was resistant to some forms of medical intervention.”

Hill’s lawyer, Glenn Fogle, thinks poor detention conditions are part of the government’s aggressive deportation strategy. “That’s the whole idea — to hold people in those horrible places to make them give up,” Fogle said.

Hill said he cannot give up — he would be killed by gang members who had threatened and extorted him if he is returned to Guatemala. His case is virtually identical to that of his two brothers and a sister, all of whom have already been granted asylum, Fogle said. Still, his case has been denied. Judges at Stewart grant asylum in few cases, so Hill Barrientos now pins his hopes on the Bureau of Immigration Appeals, which is currently considering his case.

“The people that give me strength are my mother and my daughter,” Hill Barrientos said. “So I keep fighting.”

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Please hit the above links to get the great graphics accompanying Robin’s articles at Capital & Main! Many thanks, Robin, for your courageous and timely reporting!

This is the “New American Gulag” (“NAG”)!

It certainly had its antecedents in prior Administrations of both political parties. But, the Trump/Sessions/Miller/Kelly/Nielsen/Homan crew have taken it to new depths!

What kind of country does this to individuals whose only “crime” is to want to exercise their statutory and constitutional rights to a fair hearing and a fair adjudication of claims that their lives and safety will be endangered if returned to their native countries?

Is the NAG really how we want to be remembered by our children and grandchildren? If not, get out there and vote for politicians who have the backbone and moral courage to end this kind of Neo-Nazi, Neo-Stalinist approach to human rights! And, send those who have helped fund and promote these affronts to American values into permanent retirement. 

Also, don’t forget this, in part, is the disgraceful result of the Supreme Court majority’s failure to step up and defend our Constitution in Jennings v. Rodriguez. What if it were their relatives dying in the NAG? Time for judges at all levels of our justice system to get out of the “Ivory Tower” and start applying the law in the enlightened HUMAN terms that the Founding Fathers might have envisioned. 

PWS

03-16-18

HALEY SWEETLAND EDWARDS @ TIME: AMERICA ONCE PROJECTED “FAMILY VALUES” & PROTECTED HUMAN RIGHTS — NO MORE! – Under the Trump/Sessions/Homan Regime, We Are Destroying American Families & Have Joined The Long, Ignoble List Of The World’s Human Rights Abusers! — As A Nation, We Eventually Will Pay A Price For Abandoning Humane Values!

http://time.com/longform/donald-trump-immigration-policy-splitting-families/

Edwards writes:

“The architecture of all this fear is not incidental. It’s the result of policy. The agents who pulled over Alejandro were acting within the bounds of U.S. law. So the question surrounding his arrest is not whether it was legitimate; it’s whether it was a good use of resources. Why choose him, a family man with no criminal record, over any of the 11 million other undocumented people in America?

Even operating full tilt, ICE has nowhere near the manpower or money to enforce U.S. immigration laws against everyone in the country illegally. Experts estimate that the agency has the capacity every year to deport roughly 4% of all undocumented immigrants. So the real challenge is to establish clear priorities about who should be at the top of the list. In theory, all DHS employees, from ICE officers on the street to prosecutors in immigration court, have the power— known as “prosecutorial discretion”—to determine when and whether to enforce immigration laws. But in reality, those decisions are shaped from the top. Presidents determine what immigration policy will look like.

Both the Obama and George W. Bush Administrations assumed this responsibility. They directed DHS employees to use their prosecutorial discretion to prioritize the deportation of certain criminal groups. They also outlined clear factors like old age, U.S. military service or a lack of criminal record that might mitigate enforcement.

Illustration by Michele Asselin for TIME

The Trump Administration has not issued similar prerogatives. In January 2017, Trump signed an Executive Order calling for the enforcement of immigration laws against “all removable aliens,” and in February 2017, DHS rescinded all previous Administrations’ priorities and restrictions. Then DHS Secretary John Kelly replaced them with new guidance so broad that employees were effectively instructed to “prioritize” the deportation of all undocumented immigrants. The only listed exception were those who qualified for Deferred Action for Childhood Arrivals, a now uncertain program shielding those who were brought to the U.S. as children.

“Prosecutorial discretion shall not be exercised in a manner that exempts or excludes a specified class or category of aliens from enforcement of the immigration laws,” wrote Kelly in a memo to staff. The Administration also eliminated Obama-era moratoriums on certain types of enforcement, including what’s known as “collateral arrests,” which is when ICE agents detain not only an intended target, but also anyone else “deportable” nearby.

Immigration hard-liners, like Attorney General Jeff Sessions, have cheered the change. The new policy, they say, restores the enforcement of U.S. immigration law “as written.” But critics argue that this doesn’t track. Congress has not given DHS more money or enforcement officers, so there can’t simply be more enforcement. The difference is who is being enforced against. Despite the President’s frequent talk of “rapists and murderers,” the most influential shift in 2017 was that ICE agents arrested 146% more noncriminals, compared with the year before. In 2016, 14% of the people whom ICE arrested had no criminal record. In 2017, close to 26% were. “There’s the sense that they’re just going after low-hanging fruit,” says Pratheepan Gulasekaram, a constitutional and immigration law professor at Santa Clara University.

The effect is an implied war on all undocumented immigrants. It’s a move that unravels decades of state, federal and local policies designed to establish a level of relative security among immigrant communities, experts say. That security, in turn, encourages broad social benefits—like people reporting crimes to police, rather than avoiding all officers, or enrolling children in government health programs. Under Trump, that’s all up for grabs.

Take Amenul Hoque, for example. The Bangladeshi father of three, who overstayed a visa in 2005, had lived in Newark, N.J., with his wife and three kids for the past 14 years. In 2011, ICE officials granted Hoque a temporary stay of removal, requiring that he check in regularly with ICE, which he did. His next check-in was scheduled for March, according to local news. But on Jan. 17, ICE agents showed up at the fried-chicken restaurant where he works, detained him for nearly a month and then loaded him onto a flight to Bangladesh. Hoque’s wife Rojina Akter, who is also undocumented, is now in deportation proceedings as well.

This decision to create “a culture where enforcement appears to happen randomly,” Gulasekaram says, is not an accident. It has the effect of discouraging new immigrants from coming to the U.S. and encouraging existing ones to leave. The Trump Administration deported fewer immigrants last year largely because fewer people were attempting to cross the border.

In a statement to TIME, Danielle Bennett, an agency spokeswoman, said that “national security threats, immigration fugitives and illegal re-entrants” remain priorities for deportation. The agency has also said that it does not “unnecessarily disrupt the parental rights of alien parents and legal guardians of minor children.” In its 2017 report, ICE also stated that 92% of its arrests in 2017 were criminals. Its definition of criminal includes those with civil offenses, like non-DUI traffic stops, and those whose only crimes are immigration-related.

Undocumented immigrants in communities across the country are struggling to gauge the threat. Maria, who is now caring for three U.S.-citizen children on her own, feels trapped. She can take her kids back to a country where she has citizenship rights but where they have none. Or she can stay in the U.S. and live in fear. Because she’s already here illegally, she has no easy path to legal status. Trump uses terms like anchor babies and chain migration to describe how families supposedly bring their relatives into the country, but it doesn’t actually work that way, says Laura St. John, legal director at the Florence Immigrant and Refugee Rights Project. “It’s a myth.”

St. John says Maria’s American-born children can’t petition DHS to give her legal status until the eldest turns 21. That’s in 2036. Someone in Maria’s position would need to obtain a federal waiver, a process that often takes up to 10 years and could require that she return to Mexico to wait it out, St. John explains. Maria’s brother, a U.S. citizen, could also petition for her, but that too would likely require Maria to return to Mexico, for an even longer period of time. The State Department is so backlogged that it’s currently processing visa requests for Mexican siblings filed on Nov. 15, 1997. “To people who practice immigration law, ‘anchor babies’ and all that just sounds ridiculous,” says Erin Quinn, an attorney at the Immigrant Legal Resource Center in San Francisco. “There’s really no legal mechanism for people like [Maria] to leave and come back legally. It just doesn’t exist.”

For now, Maria will stay in the U.S., pick grapes and care for her children in the country of their birth. But when she imagines raising her girls without their father, tears slide down her cheeks. “It’s the worst thing that you can do to a family,” she says. Every day, when Alejandro calls on FaceTime, Isabella, who’s 2½, lights up. “Papi?” she asks, reaching for Maria’s iPhone. A thousand miles south, in Sonora, Mexico, Alejandro holds his screen close to his face. “Papi!” Isabella squeals. “I love you!”

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

Read Edwards’s much longer complete article at the above link.

What an ugly, cruel, inhumane, dishonest, and often just plain nasty group of individuals we now have in charge of our immigration policies! Random acts of cruelty never bode well for a nation’s future. And, there is a clear record being made of what’s happening that should put the “Trump Cabal” and all of those who have enabled them firmly in the company of history’s most notorious human rights abusers.

PWS

03-14-19

GONZO’S WORLD: ICE SPOKESMAN QUITS AFTER BEING ORDERED TO LIE IN SUPPORT OF SESSIONS/HOMAN FALSE NARRATIVE ON IMMIGRANTS & CRIME — “I quit because I didn’t want to perpetuate misleading facts!”

https://s2.washingtonpost.com/camp-rw/?e=amVubmluZ3MxMkBhb2wuY29t&s=5aa7c521fe1ff62bafaa308e

James Hohmann reports in the Washington Post “Daily 202:”

Jeff Sessions attacked Oakland's mayor in a speech last week in Sacramento. An ICE spokesman has resigned over what he says were false statements by the attorney general. (Rich Pedroncelli/AP)

Jeff Sessions attacked Oakland’s mayor in a speech last week in Sacramento. An ICE spokesman has resigned over what he says were false statements by the attorney general. (Rich Pedroncelli/AP)

— “The San Francisco spokesman for U.S. Immigration and Customs Enforcement has resigned over what he described as ‘false’ and ‘misleading’ statements made by top-ranking officials, including Attorney General Jeff Sessions and ICE Acting Director Thomas D. Homan,”Meagan Flynn reports. “The now-former spokesman, James Schwab, told news outlets late Monday that his resignation stemmed from statements by Homan and Sessions that potentially hundreds of ‘criminal aliens’ evaded ICE during a Northern California raid in February because Oakland Mayor Libby Schaaf warned the immigrant community in advance. Schwab said he pushed back on that characterization — but said ICE instructed him to ‘deflect’ questions from the press.”

“I quit because I didn’t want to perpetuate misleading facts,” he told the San Francisco Chronicle. “I asked them to change the information. I told them that the information was wrong, they asked me to deflect, and I didn’t agree with that. Then I took some time and I quit. … I didn’t feel like fabricating the truth to defend ourselves against her actions was the way to go about it.”

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

https://s2.washingtonpost.com/camp-rw/?e=amVubmluZ3MxMkBhb2wuY29t&s=5aa7c521fe1ff62bafaa308e

 

It’s not like James Schwab and James Hohmann are the only ones calling out Trump & Sessions for their consistent lies and misrepresentations about immigration. As reported by the always amazing Tal Kopan @ CNN last week, California Governor Jerry Brown essentially issued the same warning that you can’t believe much of anything that comes out of our Attorney General’s mouth:

“California Gov. Jerry Brown fired back at Attorney General Jeff Sessions and President Donald Trump on Wednesday after their lawsuit challenging the state’s immigration laws, calling the administration “full of liars” and repeatedly referencing the special counsel investigation into Russian meddling in the 2016 US election.

The Democratic governor was speaking on the heels of Sessions’ visit to Sacramento to announce a lawsuit against California for its so-called sanctuary policies of non-cooperation with federal immigration enforcement.
In slamming Sessions’ appearance as a “political stunt” that was full of “lies” and untruths, Brown needled Sessions personally and his relationship with the President, which is famously fraught.
“I do think this is pure red meat for the base, and I would assume — this is pure speculation — that Jeff thinks Donald will be happier with him and I bet Donald will be tweeting his joy with this stunt,” Brown said.”
************************************
You can read both Hohmann’s and Tal’s complete articles at the links.
Sadly, the Trump Administration as a whole, and Jeff Sessions in particular, have made lies, misrepresentations, and knowingly false narratives a staple of their tortured and often illegal immigration policies. I think that, rather than “biased Federal Judges” as disingenuously claimed by Sessions, has led to an impressive string of losses for the Administration and the DOJ in the lower Federal Courts on immigration issues.
I predict that the losing has just begun. If and when Sessions follows through on his apparent plan to destroy the U.S. Immigration Court System, literally thousands of cases are likely to be sent back or permanently blocked by legal rulings in the Circuit Courts.
Although Sessions arrogantly claims that a majority of the Supremes are “in the Administration’s pocket” and therefore can be counted on to overrule the Circuits, fact is that the Supremes can’t and won’t take every big immigration case the Government loses. So, Trump and Sessions better get used to “living with defeat.”  It’s going to become a way of life, as our immigration and justice systems deteriorate under this Administration’s toxic leadership.
PWS
03-14-18

BACK ON THE KILLING FLOOR: BATTERED WOMEN STRUGGLED FOR 15 YEARS TO GET LIFE-SAVING LEGAL PROTECTION UNDER ASYLUM LAWS – – Now, Jeff Sessions Appears Poised To Sentence Them To Death Or A Lifetime Of Unremitting Abuse With A Mere Stroke Of His Poison Pen!

FINALLY, AFTER FUTILE REQUESTS TO THE BIA AND THE DOJ, THE PUBLIC HAS BEEN ABLE TO GET A COPY OF THE RECENTLY CERTIFIED MATTER OF A-B-, FROM THE ATTORNEY (WHO WASN’T TOLD OF THE ACTION UNTIL HE RECEIVED A COPY OF THE DECISION  IN THE MAIL ON FRIDAY)

Here it is:

A-B- BIA Decision (12-08-2016) (redacted) (1)

It’s bad news for Due Process, justice in American, and particularly vulnerable asylum seekers who are battered women. Sessions appears to be taking direct aim at the landmark BIA precedent Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014) which, following a 15 year legal battle, recognized that battered women could be a “particular social group” and thereby qualify for asylum and withholding of opinion.

Make no mistake, the BIA decision in Matter of A-B- is correct in every respect — a virtual textbook on how U.S. Immigration Judges should be handling and granting these well-documented claims. It’s also a classic example of poor quality work and feeble, biased anti-asylum, anti-female reasoning by an Immigration Judge that plagues too much of our asylum system.

The Immigration Judge’s decision denying asylum which was reversed by the BIA in Matter of A-B- contained numerous egregious errors, including:

  • An incorrect adverse credibility ruling which failed to consider and properly weigh “the totality of the circumstances, and all relevant factors,” as required by the REAL ID Act;
  • Failure to recognize a “particular social group” (“PSG”) substantially similar to that approved by the BIA in Matter of A-R-C-G-;
  • A “clearly erroneous” finding that the abused respondent was free to leave her ex-husband;
  • A “clearly erroneous” finding that the valid PSG was not “at least once central reason” for the persecution;
  • An erroneous finding, bordering on the absurd, that the Government of El Salvador was not “unable or unwilling” to protect the respondent.

Overall, the Immigration Judge’s handling of this case has all the earmarks of a jurist who is biased against asylum applicants and has predetermined to deny most claims giving a litany of specious, basically “pre-judged” reasons.

The Attorney General compounds the problem by apparently questioning the long-established principle that persecution takes place when “non-state actors” are not reasonably controlled by their national government. See, e.g., Matter of O-Z-&I-Z-, 22 I&N Dec. 23, 26 (BIA 1998).

Rather than reinforcing the BIA’s long-overdue “reining in” of a wayward Immigration Judge, the Attorney General appears to be aiming to upend well-settled asylum law and empower those Immigration Judges who already treat asylum applicants unfairly. That’s likely to result in a monumental battle in the Article III Courts — specifically the U.S. Courts of Appeals. Hopefully, those courts eventually will recognize that the U.S. Immigration Courts are being manipulated to reflect the anti-asylum, xenophobic biases and prejudices of Jeff Sessions.

That will require them to stand up to Sessions’s bullying and insist that asylum seekers rights to fair hearings before impartial decision makers and to receive legal  protection under U.S. and international standards be recognized.

Advocates also question the procedures by which this case was handled by the Immigraton Judge following the BIA remand. The BIA order instructed the Judge to schedule the case for a routine update of the fingerprints and background checks and to issue a final order; in my experience, that’s usually a “30 second process” that can be completed on a Master Calendar or by joint written motion “in chambers.”

However, according to sources, this Immigration Judge allegedly “held up” AB’s case for eight months for no particular reason, and then “recertified” it to the BIA raising a facially bogus legal issue concerning a later-issued, unrelated Fourth Circuit case. Mysteriously, the case then was “certified” by Sessions taking it out of the BIA’s jurisdiction.

This scenario raises speculation that this Immigration Judge — perhaps recognizing from the Attorney General’s public statements that Sessions was also biased against asylum seekers — may have manipulated the process to do an “end run” around the BIA to the Attorney General. All pretty unseemly stuff when “lives are on the line.” Yet more “anecdotal evidence” of a system out of control and biased against Due Process and fairness for asylum seekers and other migrants.

Stay tuned. The battle is just “revving up,” and the New Due Process Army is ready to defend our justice system against each and every debilitating attack on the rule of law by our biased and lawless Attorney General.

PWS

03-13-18

Sean McElwee @ The Nation – WHY ICE MUST GO! — A Radical Idea Whose Time Has Come! — “Next to death, being stripped from your home, family, and community is the worst fate that can be inflicted on a human, as many societies practicing banishment have recognized. It’s time to rein in the greatest threat we face: an unaccountable strike force executing a campaign of ethnic cleansing.”

https://www.thenation.com/article/its-time-to-abolish-ice/

McElwee writes:

. . . .

The call to abolish ICE is, above all, a demand for the Democratic Party to begin seriously resisting an unbridled white-supremacist surveillance state that it had a hand in creating. Though the party has moved left on core issues from reproductive rights to single-payer health care, it’s time for progressives to put forward a demand that deportation be taken not as the norm but rather as a disturbing indicator of authoritarianism.

White supremacy can no longer be the center of the immigration debate. Democrats have voted to fully fund ICE with limited fanfare, because in the American immigration discussion, the right-wing position is the center and the left has no voice. There has been disturbing word fatigue around “mass deportation,” and the threat of deportation is so often taken lightly that many have lost the ability to conceptualize what it means. Next to death, being stripped from your home, family, and community is the worst fate that can be inflicted on a human, as many societies practicing banishment have recognized. It’s time to rein in the greatest threat we face: an unaccountable strike force executing a campaign of ethnic cleansing.

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Read the rest of McElwee’s well-written and very provocative article at the link.

Not going to happen! Yet the out of control misconduct by ICE and its leadership during this Administration certainly helps McElwee make a powerful moral, if not practical political, case for elimination. Definitely worth a read.

PWS

03-13-18

TAL @ CNN TELLS ALL ON HOW SESSIONS IS USING HIS AUTHORITY OVER THE SCREWED UP U.S. IMMIGRATION COURTS TO ATTACK DUE PROCESS & TARGET VULNERABLE ASYLUM SEEKERS — One Of My Quotes: “I think due process is under huge attack in the immigration courts. Every once in a while Sessions says something about due process, but his actions say something quite different.”

https://www.cnn.com/2018/03/10/politics/sessions-immigration-appeals-decision/index.html

Sessions tests limits of immigration powers with asylum moves
Tal Kopan
By Tal Kopan, CNN
Updated 8:01 AM ET, Sat March 10, 2018

Washington (CNN)The US immigration courts are set up to give the attorney general substantial power to almost single-handedly direct how immigration law is interpreted in this country — and Jeff Sessions is embracing that authority.

Sessions quietly moved this week to adjust the way asylum cases are decided in the immigration courts, an effort that has the potential to test the limits of the attorney general’s power to dictate whether immigrants are allowed to enter and stay in the US and, immigration advocates fear, could make it much harder for would-be asylees to make their cases to stay here.
Sessions used a lesser-known authority this week to refer to himself two decisions from the Board of Immigration Appeals, the appellate level of the immigration courts. Both deal with asylum claims — the right of immigrants who are at the border or in the US to stay based on fear of persecution back home.

In one case, Sessions reached into the Board of Immigration Appeals archives and overturned a ruling from 2014 — a precedent-setting decision that all asylum cases are entitled to a hearing before their claims can be rejected. In the other, Sessions is asking for briefs on an unpublished opinion as to how much the threat of being the victim of a crime can qualify for asylum. The latter has groups puzzled and concerned, as the underlying case remains confidential, per the Justice Department, and thus the potential implications are harder to discern. Experts suspect the interest has to do with whether fear of gang violence — a major issue in Central America — can support asylum claims.
A Justice official would say only on the latter case that the department is considering the issue due to a “lack of clarity” in the court system on the subject. On the former, spokesman Devin O’Malley said the Board of Immigration Appeals’ 2014 holding “added unnecessary cases to the dockets of immigration judges who are working hard to reduce an already large immigration court backlog.”
Tightening asylum
Sessions referring the cases to himself follows other efforts during his tenure to influence the courts, the Justice Department says, in an effort to make them quicker and more efficient. In addition to expanding the number of Board of Immigration Appeals judges and hiring immigration judges at all levels at a rapid clip, the Justice Department has rolled out guidance and policies to try to move cases more quickly through the system, including possible performance measures that have the judges’ union concerned they could be evaluated on the number of closed cases.

“What is he up to? That would be speculation to say, but definitely there have been moves in the name of efficiency that, if not implemented correctly, could jeopardize due process,” said  Rená Cutlip-Mason, until last year a Justice Department immigration courts official and now a leader at the Tahirih Justice Center, a nonprofit that supports immigrant women and girls fleeing violence.
“I think it’s important that the courts balance efficiencies with due process, and any efforts that are made, I think, need to be made with that in mind,” she added.
The Board of Immigration Appeals decisions could allow Sessions to make it much harder to seek asylum in the US.
Asylum is a favorite target of immigration hardliners, who argue that because of the years-long backlog to hear cases, immigrants are coached to make asylum claims for what’s billed as a guaranteed free pass to stay in the country illegally.
Advocates, however, say the vast majority of asylum claims are legitimate and that trying to stack the decks against immigrants fleeing dangerous situations is immoral and contrary to international law. Making the process quicker, they argue, makes it harder for asylum seekers — who are often traumatized, unfamiliar with English and US law, and may not have advanced education — to secure legal representation to help make their cases. The immigration courts allow immigrants to have counsel but no legal assistance is provided by the government, unlike in criminal courts.
Reshaping the immigration courts
Beyond asylum, Sessions’ efforts could have far-reaching implications for the entire immigration system, and illustrate the unique nature of the immigration court system, which gives him near singular authority to interpret immigration laws.
Immigration cases are heard outside of the broader federal court system. The immigration courts operate as the trial- or district-level equivalent and the Board of Immigration Appeals serves as the appellate- or circuit court-level. Both are staffed with judges selected by the attorney general, who do not require any third-party confirmation.
How Trump changed the rules to arrest more non-criminal immigrants
How Trump changed the rules to arrest more non-criminal immigrants
In this system, the attorney general him or herself sits at the Supreme Court’s level, with even more authority than the high court to handpick decisions. The attorney general has the authority to refer any Board of Immigration Appeals decision to his or her office for review, and can single-handedly overturn decisions and set interpretations of immigration law that become precedent followed by the immigration courts.
The power is not absolute — immigrants can appeal their cases to the federal circuit courts, and at times those courts and, eventually, the Supreme Court will overrule immigration courts’ or Justice Department decisions. That’s especially true when cases deal with constitutional rights, said former Obama administration Justice Department immigration official Leon Fresco. Fresco added that the federal courts’ deference to the immigration courts’ interpretation of the law has decreased in the past 10 years, though that could change as more of the President’s chosen judges are added to the bench.
But Sessions could be on track to test the limits of his power, and the moves might set up further intense litigation on the subject.
“From what I can see, Sessions is really testing how far those powers really go,” said Cutlip-Mason. “The fact that the attorney general can have this much power is a very interesting way that the system’s been set up.”
Retired immigration Judge Paul Wickham Schmidt, who served for years in federal immigration agencies and the immigration courts, said that to say the immigration courts are full due process is “sort of a bait and switch.” He says despite the presentation of the courts’ decisions externally, the message to immigration judges internally is that they work for the attorney general.
“I think due process is under huge attack in the immigration courts. Every once in a while Sessions says something about due process, but his actions say something quite different.”

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

The idea that the U.S. Immigration Courts can fairly adjudicate asylum cases and provide Due Process to migrants with Jeff Sessions in charge is a bad joke.

America needs an independent Article I Immigration Court.

Harm to the most vulnerable among us is harm to all of us.

PWS

03-11–17

WASHPOST: ANOTHER DAY, ANOTHER ACT OF WANTON CRUELTY BY NIELSEN’S DHS — “Gratuitous malice toward children is not a characteristic one generally associates with the United States, but under Ms. Nielsen’s guidance, the Department of Homeland Security seems intent on changing that.”

https://www.washingtonpost.com/opinions/gratuitous-cruelty-by-homeland-security-separating-a-7-year-old-from-her-mother/2018/03/04/98fae4f0-1bff-11e8-ae5a-16e60e4605f3_story.html

Gratuitous cruelty by Homeland Security: Separating a 7-year-old from her mother

Homeland Security Secretary Kirstjen Nielsen in the White House on March 1. (Mandel Ngan/AFP/Getty Images)
By Editorial Board March 4 at 7:11 PM
WHAT, EXACTLY, did a 7-year-old Congolese girl do to the United States to deserve the trauma that has been visited upon her — including forcible separation from her mother — by Homeland Security Secretary Kirstjen Nielsen and her immigration agents?

There is no allegation that the little girl, known in court filings only as S.S., is a terrorist, nor is there any suggestion her mother is one. Neither was involved with smuggling, nor contraband, nor lawbreaking of any other variety. Rather, S.S.’s 39-year-old mother presented herself and her daughter to U.S. officials when they crossed the border from Mexico four months ago, explaining they had fled extreme violence in Congo, and requesting asylum.

A U.S. asylum officer interviewed Ms. L, as the mother is called in a lawsuit filed on her behalf by the American Civil Liberties Union, determined that she had a credible fear of harm if she were returned to Congo and stood a decent chance of ultimately being granted asylum. Despite that preliminary finding, officials decided that the right thing to do was to wrench S.S. from her mother, whereupon the mother “could hear her daughter in the next room frantically screaming that she wanted to remain with her mother,” the lawsuit states.

The Trump administration has said that it is considering separating parents from their children as a means of deterring other families, most of them Central American, from undertaking the perilous trip necessary to reach the United States and seek asylum. Now, without any formal announcement, that cruel practice, ruled out by previous administrations, has become increasingly common, immigrant advocacy groups say. In the nine months preceding February, government agents separated children from their parents 53 times, according to data compiled by the Lutheran Immigration and Refugee Service.

Make no mistake: Ms. L and S.S. could have been placed together in a family detention center. There has been no explanation of why the determination was made to separate them; nor is there any allegation that Ms. L. is an unfit parent. The only principle at work, if it can be called that, is the idea that future asylum seekers might be deterred if they are convinced that the United States is actually a crueler and more heartless place than their native country.

Gratuitous malice toward children is not a characteristic one generally associates with the United States, but under Ms. Nielsen’s guidance, the Department of Homeland Security seems intent on changing that. A Homeland Security spokesman would not comment on this case but said that the department does not “currently” have a policy regarding separating asylum-seeking parents and children who are detained.

Separating children from their parents while they await adjudication of asylum claims is of a piece with arresting and deporting upstanding, otherwise law-abiding unauthorized immigrants who have lived and worked for decades in the United States and are the parents of U.S.-born children. That practice, too, carried out by Homeland Security deportation agents, has become far more common under the Trump administration.

Since being torn away in early November, S.S., who is being held at a facility in Chicago, has been permitted to speak with her mother, who is in a detention center in San Diego, just half a dozen times by phone. The girl, who turned 7 in December, routinely cries on the phone, according to the ACLU lawsuit. Is this the kind of protection Americans want from their Department of Homeland Security?

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

It’s almost (but not quite) unfair to blame Nielsen for this garbage. After all, she was selected for the DHS position precisely because she is a gutless intellectual lightweight who will just do the foul bidding of Trump, Sessions, Kelly, and Miller no questions asked and no resistance tolerated. That’s what “government by sycophants” is all about.

In the meantime, the New Due Process Army and the rest of us who still believe in our Constitution and humane values have to redouble our resistance to the evil of the Trumpsters and their allies. In the end, it’s a fight for the heart and soul of America as nation!

PWS

03-05-18

 

THE GUARDIAN: USCIS TURNS ITS BACK ON THE REAL AMERICA – “TRULY A NATION OF IMMIGRANTS!” – “The recent barrage of exclusionary immigration policy proposals are attempts to sow the seeds of fear, anxiety, and distrust. Rather than pursue policies that set immigrants apart, we should seek to integrate immigrants and highlight the assets they bring to communities across our nation.”

https://www.theguardian.com/commentisfree/2018/mar/02/america-nation-immigrants-uscis-deleted?CMP=Share_iOSApp_Other

Professors Linda R. Tropp and Dina G. Okamoto write in The Guardian:

“For more than a century, the identity of the United States has been grounded in the notion that we are a “nation of immigrants.” Immigrants have made innumerable contributions to our economy, infrastructure, and culture – building our railroads and bridges, bringing innovation and new ideas, and settling in communities that thrive throughout our country today. But now, the United States Citizenship and Immigration Services (USCIS), a federal agency charged with immigrant affairs, has turned its back on this rich legacy.

As of last week, the mission statement of the USCIS has changed. No longer does its mission speak to “America’s promise as a nation of immigrants” that promotes “an awareness and understanding of citizenship” along with “ensuring the integrity of our immigration system.” Now, the new version focuses on “adjudicating requests for immigrant benefits” while “protecting Americans” and “securing the homeland”.

Why do changes to the USCIS’s mission statement matter? It may seem like just a few words, but this new language is happening within the context of other alarming changes to our national immigration policies and practices.

Refugee admissions have been curbed to a historic low, and people with “temporary protected status” who fled their homelands due to natural disasters or civil wars are being sent back.

Several crucial programs are at risk of being terminated, including programs that allow 50,000 people from countries underrepresented in current immigration streams to come to the US, pathways for those who arrived in the US as children without legal documents to remain in the US to work and attend school, and the family-based system of immigration – a cornerstone of US immigration policy – which allows US citizens to reunite with family members by sponsoring their migration to the US.

All of these changes have been presented under the guise of protecting against threats to our national security. But these policies stand in stark contrast to the will of the American people. Despite increased attention on anti-immigrant sentiments, Americans across the country largely embrace immigrants of all faiths and cultures and want our government to do the same.

Most Americans believe the numbers of immigrants coming to the United States should be kept at its present level or increased. And 60% percent of Americans oppose building a wall on our border with Mexico. Nearly three-quarters of Americans now supportgranting legal status to immigrants originally brought to the US without papers as children, driven by the same moral imperative that has guided family reunification efforts over the last 50 years.

These levels of endorsement in national polls are bolstered by the actions of US citizens from many walks of life who have taken to the streets in protest, boldly stating that “immigrants are welcome here”.

Indeed, across the country, people and communities have been sending the clear message that immigrants are not only welcomed, but valued. Hundreds of local governments have advocated for their cities and towns to be recognized as “welcoming cities” for immigrants.

Spanning from the industrial rust-belt of the midwest to our nation’s borders, civic leaders have gone to great lengths to welcome immigrants, because they open up new businesses, populate local schools, revitalize housing markets, and infuse new life into local communities. And while the majority of immigrants in the US are here legally, nearly 500 US cities have chosen to become “sanctuary cities” to protect immigrants without legal status from deportation, even at the risk of losing federal funding.

These actions by everyday Americans uphold our nation’s values and reflect the best of who we are as a country, while our federal immigration policies are seeking to close doors and build walls. One of the best ways to honor our values as a nation is not to close opportunities to immigrants, but to successfully integrate them into the fabric of our society. As researchers who have been studying immigration and race relations for 20 years, our research shows that one of the best ways to integrate immigrants into the fabric of society is to interact with and welcome them.

Such encouraging effects of contact between US citizens and immigrants are not limited to big cities or liberal-leaning areas. Recent immigrants have established themselves both in diverse urban areas and new destinations across the United States.

According to recent poll data, more than 75% of US adults report that there are immigrants living in their community, with about a quarter (27%) reporting many recent immigrants in the community where they live. Our surveys of US citizens, including both white and black Americans, show that the more they encounter and interact with immigrants, the more inclined they are to welcome them into their communities.

This significance of welcoming does not simply serve to express our national values or concern about immigrants and their wellbeing. Welcoming immigrants is also important for creating a shared sense of identity and community within our nation. Parallel surveys we have conducted with immigrants show that the more they feel welcome by Americans, the more they come to identify as American themselves and to seek to become US citizens – factors that can fuel greater civic participation and contributions to our society.

The recent barrage of exclusionary immigration policy proposals are attempts to sow the seeds of fear, anxiety, and distrust. Rather than pursue policies that set immigrants apart, we should seek to integrate immigrants and highlight the assets they bring to communities across our nation.

  • Linda R Tropp is a professor of social psychology at the University of Massachusetts Amherst. Dina G Okamoto is the director of the Center for Research on Race and Ethnicity in Society at Indiana University. They are both visiting scholars at the Russell Sage Foundation.”

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Trump and the GOP restrictionists are trying to “whitewash” American history by denying and downplaying the achievements of immigrants, particularly those of color, without which American could never have survived and prospered. Don’t let them get away with their disingenuous and anti-historical efforts. Don’t let this (unjustifiably) disgruntled minority of (largely White, badly misinformed) Americans hijack our country and its future.

PWS

LIAR-IN-CHIEF GETS FOUR (4) PINOCCHIOS FOR TOTALLY BOGUS CLAIMS ABOUT THE “VISA LOTTERY!”🤥🤥🤥🤥

https://www.washingtonpost.com/news/fact-checker/wp/2018/02/26/president-trumps-consistent-misrepresentation-of-how-the-diversity-visa-lottery-works/?utm_term=.ef79ebd959db

Glenn Kessler for the Washington Post’s “Fact Checker:

“Think of the lottery. You have a country, they put names in. You think they’re giving us their good people? Not too many of you people are going to be in a lottery. So we pick out people, then they turn out to be horrendous and we don’t understand why. They’re not giving us their best people, folks. They’re not giving us — I mean, use your heads. They’re giving us — it’s a lottery. I don’t want people coming into this country with a lottery. I want people coming into this country based on merit, based on merit.”
— President Trump, in remarks at the Conservative Political Action Conference, Feb. 23, 2018

“We need something to do with chain migration and something to do with visa lottery. I mean we actually have lottery systems where you go to countries and they do lotteries for who comes into the United States. Now, you know they are not going to have their best people in the lottery, because they’re not going to put their best people in a lottery. They don’t want to have their good people to leave. . . . We want people based on merit. Not based on the fact they are thrown into a bin and many of those people are not the people you want in the country, believe me.”
— Trump, remarks during an interview with Jeanine Pirro of Fox News, Feb. 24 

We have repeatedly covered the president’s inaccurate description of the diversity visa lottery system as part of speech roundups and in our database of Trump’s false and misleading claims. At last count, he has made at least 16 inaccurate claims about the diversity visa lottery, though we are still trying to catch up with all of his remarks in February.

We often toss obviously false claims in the database, deeming them not worthy of a fact check, only to find ourselves months later writing a full fact check because the president continues to make his claim, unabashed by the number of times he has been declared wrong. One of our colleagues, rereading the president’s speech to CPAC, noted: “His absolute refusal to understand what the visa lottery is remains amazing.”

Then we saw Trump’s interview with Pirro. Oh my. So here’s the full story, written in the hope the president will read it and perhaps learn something.

The Facts

The Diversity Immigrant Visa Program, as the program is officially called, originally was designed to help the Irish.

In 1965, President Lyndon B. Johnson signed the Immigration and Nationality Act of 1965. It was aimed at reuniting families, so applicants who had immediate family living in the United States — children, spouses, siblings, parents — were given priority. This, however, had some unforeseen consequences.  Immigrants from Latin American and Asian countries had come to the United States more recently, and they often had immediate family overseas who were prioritized under the new program. Many Europeans, by contrast, had been in the country for decades, so they had fewer close relatives remaining overseas.

The change in immigration policy hit the Irish particularly hard.

Unlike other European countries, Ireland faced political instability and an economic crisis in the second half of the 20th century. Before 1965, it had been relatively simple for the Irish to immigrate. By the 1980s, as a result, tens of thousands of Irish immigrants came to the United States as tourists or students and overstayed their visas.

In 1990, lawmakers, led by then-Rep. Charles E. Schumer (D-N.Y.), pressed for passage of a bill that proposed making a set number of visas available each year to “diversity immigrants” from “low-admission” countries. Despite being couched as a “diversity” action, it was openly pitched as a way to aid the Irish. President George H.W. Bush signed it into law in 1990 as part of a broader immigration package.

Today, under the visa lottery system, a computer program managed by a State Department office in Williamsburg, Ky., randomly selects up to 50,000 immigrant visas a year — from nearly 15 million who applied in 2017 — from countries with low rates of immigration to the United States. Thus people from about 20 countries such as Brazil, Canada, China, the Dominican Republic, El Salvador, Haiti, India, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, the United Kingdom (except North Ireland) and Vietnam are out of luck because more than 50,000 people from these countries had been admitted during the last five years. The visas are apportioned among six geographic regions, with a maximum of 7 percent available to persons born in any single country.

So, essentially, the odds of being selected are under 1 percent — and what that gets you initially is an invitation to apply for a green card. (In 2017, the State Department notified nearly 116,000 that they could apply, but the program ends once 50,000 are accepted. Each person selected gets a number on the list, so people in the bottom half have increasingly less chance of winning a visa.)

Individuals who apply must have at least a high school diploma (or its equivalent) or two years’ work experience of a type specified by the State Department to be eligible for the program. The selected applicants undergo a background check, interview and medical tests before entering the country, and some applicants undergo an additional in-depth review if they are considered a possible security risk — after which, selected applicants can be deemed ineligible for a visa.

Now let’s look back at Trump’s recent remarks and see what he apparently fails to understand:

  • “You have a country, they put names in.” Nope, no country submits the names of people for the diversity visa lottery; people who apply are self-selected.
  • “We actually have lottery systems where you go to countries and they do lotteries for who comes into the United States.” Wrong again. The foreign countries do not run their own lottery systems. The United States randomly selects from the millions of people who apply. As noted, a State Department office located in Kentucky, with a workforce of 400 people, manages the process. The Kentucky office receives and processes lottery entries, selects winners, processes winners’ visa applications, and schedules applicant interviews at missions abroad.
  • “They’re not going to put their best people in a lottery. They don’t want to have their good people to leave.”Again, the selection of applicants is not done by other countries. Moreover, the odds of success are so low that even if another country decided who could apply, there would be a less than 1 percent chance of success in getting rid of such people.

Indeed, far from being losers, there is evidence that many of those who immigrate through the program are better educated than the minimum criteria would suggest. A study by the Migration Policy Institute, using Census Bureau data for 19 countries with high rates of diversity visas, found that among recent immigrants ages 25 and older, “50 percent had a bachelor’s degree or higher (compared to 32 percent of the overall U.S. population in 2016), 16 percent reported some college education, and 12 percent had less than a high school diploma.”

Asked for an explanation of the president’s comments, a White House official did not address the substance of the question but pointed to two reports.

  • In 2004, the State Department’s deputy inspector general warned that the visa lottery “contains significant threats to national security as hostile intelligence officers, criminals, and terrorists attempt to use it to enter the United States as permanent residents.” This refers to congressional testimony by Anne W. Patterson, who recommended that applications not be accepted from countries listed by State as sponsoring terrorism; that recommendation was not acted on. In the same testimony, Patterson lauded the Kentucky office managing the program and its efforts to root out fraud.
  • Also in 2004, the House Judiciary Committee noted that “there are few restrictions on the countries from which applicants may come. . . . Second, under the program, successful applicants are chosen at random. . . . Because diversity visa winners do not necessarily have such ties, the program could offer an opportunity for individuals or groups who want to harm the United States, its institutions, and its people to place terrorists in the United States.”

The official added that “the point is that they are not admitted on the basis of skill or merit. The educational requirements are virtually nonexistent — a high school education or two years of work experience that requires two years of training. That’s not admitting someone with any regard for skill or merit or their ability to contribute.”

2007 report from the Government Accountability Office did point to substantial fraud risks within the program and proposed using data to mitigate these risks. However, the State Department at the time disagreed with the report’s findings, saying it already had managed those risks. The same report noted that there could be ‘‘difficulty in verifying identities,” which could have “security-based implications because State’s security checks rely heavily on name-based databases,” something a 2011 report from the House Judiciary Committee suggests could be a national security weakness.

The Fact Checker obviously takes no position on the diversity visa program. In addition to possible national-security issues, fraud continues to be a problem, such as some visa winners selling part of their visa to someone who pretends to be their spouse for the purposes of immigrating to the United States.

The Pinocchio Test

The president clearly dislikes the diversity visa program. Perhaps it has outlived its original purpose. But that’s no excuse for him to consistently misrepresent how it works.

Contrary to his repeated claims, countries do not select the applicants and do not run the lottery. Instead, nearly 15 million people from countries with low immigration to the United States apply annually for the slim chance to win an invitation to apply for a green card.

A State Department office in Kentucky manages the lottery. It’s located in a pleasant part of the state, near Daniel Boone National Forest, in the heart of Trump country. Perhaps the president should visit it one day and find out how the program really operates.

Four Pinocchios

 

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In this shameless Administration, led by a congenital liar, truth, particularly about immigration issues, has ceased to have meaning. That’s why those of us who know and believe in truth must work overtime to set the record straight and, eventually, to remove these abusers of power, elected by a minority of American voters, from public office.
PWS
03-04-18

LAUREN MARKHAM IN THE NEW REPUBLIC: Why “Trumpism” Ultimately Will Fail – Those Ignorant of Human History & Unwilling To Learn From It Will Just Keep Repeating The Same Expensive Mistakes – “One tragic lesson of the extra-continentales is that no set of governments, however callous, can solve the migration crisis by closing its doors to refugees seeking shelter. . . . The doors will not hold, and neither will the fences. You can build a wall, but it will not work. Desperate people find a way.”

https://newrepublic.com/article/146919/this-route-doesnt-exist-map

“How efforts to block refugees and asylum-seekers from Europe have only made the global migration crisis more complex and harrowing

By 7 p.m., the sun had set and groups of young men had begun to gather inside a small, nameless restaurant on a narrow street in Tapachula, Mexico. Anywhere else in the city, a hub of transit and commerce about ten miles north of the Guatemalan border, there would be no mistaking that you were in Latin America: The open colonial plaza, with its splaying palms and marimba players, men with megaphones announcing Jesus, and women hawking woven trinkets and small bags of cut fruit suggested as much. But inside the restaurant, the atmosphere was markedly different. The patrons hailed not from Mexico or points due south but from other far-flung and unexpected corners of the globe—India, Pakistan, Eritrea, Cameroon, Sierra Leone, Congo. Men, and all of the diners were men, gathered around tables, eating not Mexican or Central American fare but steaming plates of beef curry, yellow lentils, and blistered rounds of chapati. The restaurant’s proprietor, a stern, stocky Bangladeshi man in his thirties named Sadek, circulated among the diners. He stopped at one table of South Asian men and spoke to them in Hindi about how much they owed him for the items he’d collected on their tab. The waitress, patiently taking orders and maneuvering among the crowds of men, was the only Spanish speaker in the room.

Outside, dozens of other such men, travelers from around the world, mingled on the avenue. They reclined against the walls of restaurants and smoked cigarettes on the street-side balconies of cheap hotels. They’d all recently crossed into the country from Guatemala, and most had, until recently, been held in Tapachula’s migrant detention center, Siglo XXI. Just released, they had congregated in this packed migrants’ quarter as they prepared to continue their journeys out of Mexico and into the United States. They had traveled a great distance already: a transatlantic journey by airplane or ship to Brazil; by car, bus, or on foot to Peru, Ecuador, and Colombia; through Panama, Costa Rica, and Nicaragua; on to Honduras, Guatemala, and into Mexico. Again and again, I heard their itinerary repeated in an almost metronomic cadence, each country a link in a daunting, dangerous chain. They’d crossed oceans and continents; slogged through jungles and city slums; braved detention centers and robberies; and they were now, after many months, or even longer, tantalizingly close to their final goal of the United States and refugee status.

Police in Tapachula, a Mexican city used as a waypoint for migrants known as extra-continentales, patrol past a Cameroonian traveler (in a striped shirt).

They are the extreme outliers of a global migration crisis of enormous scale. Today, more than 65 million people around the world have been forced from their homes—a higher number than ever recorded, as people flee war, political upheaval, extreme poverty, natural disasters, and the impacts of climate change. Since 2014, nearly 2 million migrants have crossed into Europe by sea, typically landing in Italy or Greece. They hail from dozens of countries, but most are from Syria, Afghanistan, Iraq, and Nigeria—countries struggling with war, political repression, climate change, and endemic poverty.

Their passage to supposed safety, which takes them across Libya and the Sinai, as well as the Mediterranean, has become increasingly perilous. According to the United Nations High Commissioner for Refugees, nearly 150,000 people crossed the Mediterranean in 2017. More than 3,000 are believed to have drowned. Stories of detention in Libya, as well as physical and sexual abuse, are commonplace among those who manage to make it to Europe. A recent CNN report depicted a Libyan slave auction, where people were being sold for as little as $400. Even the lucky ones who wash up on Europe’s shores may end up stuck for years in transit camps and detention centers in the south of the continent, in some cases only in the end to be deported. In 2013, in an effort to curb migration and ease the burden of migrants within its borders, the European Union began ramping up deportations. In 2016, nearly 500,000 people were deported from Europe.

While the global drivers of migration have not subsided—devastation in Syria and Afghanistan, political repression in parts of sub-Saharan Africa—200,000 fewer migrants attempted to cross into Europe in 2017 than the year before. In response to the migrant crisis, European countries have sent strong messages that newcomers are no longer welcome; they’ve built fences to stop refugees from crossing their borders and elected far-right politicians with staunchly anti-immigrant messages. Meanwhile, most asylum cases are stalled in overburdened court systems, with slim prospects for any near-term resolution, which leaves many migrants stuck in the wicked limbo of a squalid, under-resourced refugee camp or austere detention facility. Today, European authorities have stiffened their resistance not only to new arrivals, but to the hundreds of thousands of asylum-seekers who arrived years before and remain in an eerie liminal zone: forbidden to live or work freely in Europe and unwilling, or often unable, to go home.

Because of the high risks of crossing and the low odds of being permitted to stay, more and more would-be asylum-seekers are now forgoing Europe, choosing instead to chance the journey through the Americas that brings them to Sadek’s restaurant in Tapachula. Each year, thousands of migrants from the Middle East, Africa, and Asia make their way to South America and then move northward, bound for the United States—and their numbers have been increasing steadily. It’s impossible to know how many migrants from outside the Americas begin the journey and do not make it to the United States, or how many make it to the country and slip through undetected. But the number of “irregular migrants”—they’re called extra-continentales in Tapachula—apprehended on the U.S. side of the border with Mexico has tripled since 2010.

They remain a tiny fraction of the hundreds of thousands of Mexicans and Central Americans crossing into the United States. But it is a hastening trickle that may well become a flood. “These ‘extra-continental’ migrants will probably increase,” said Roeland De Wilde, chief of mission for the International Organization for Migrationin Costa Rica, “given the increased difficulties in entering Europe, relative ease of entry in some South American countries, and smugglers’ increased organization across continents.”

A migrant from Bangladesh, Sadek (in a red shirt) is part restaurateur, part migratory middleman. He can help a traveler with a good meal—or a good travel agent or immigration attorney.

One tragic lesson of the extra-continentales is that no set of governments, however callous, can solve the migration crisis by closing its doors to refugees seeking shelter. All Europe has done is redirect the flow of vulnerable humanity, fostering the development of a global superhighway to move people over this great distance. The doors will not hold, and neither will the fences. You can build a wall, but it will not work. Desperate people find a way.

Cette route,” a French-speaking man from Cameroon told me, one sweltering afternoon in Tapachula on the breezeless balcony of a hotel frequented by irregular migrants, “n’existe pas sur le map.” This route doesn’t exist on the map.”

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Read Lauren’s much longer complete article at the above link.  It’s one of the most incisive treatments of the worldwide migration phenomenon that I have seen recently. I highly recommend it.
Thanks to dedicated “Courtsider” Roxanne Lea Fantl of Richmond, VA for sending this item my way!
Shortly after I arrived at the Arlington Immigration Court, one of my wonderful colleagues told me “Paul, desperate people do desperate things. Don’t take it personally, and don’t blame them. We just do our jobs, as best we can under the circumstances.” Good advice, to be sure!
We can diminish ourselves as a nation, but that won’t stop human migration!
PWS
03-02-18

AMERICA THE UGLY: WHY ARE WE ALLOWING OUR GOVERNMENT TO ABUSE THE HUMAN RIGHTS OF FAMILIES & CHILDREN? — “This policy is tantamount to state-sponsored traumatization.”

https://www.nytimes.com/2018/02/28/opinion/immigrant-children-deportation-parents.html

“The Department of Homeland Security may soon formalize the abhorrent practice of detaining the children of asylum-seekers separately from their parents. Immigrant families apprehended at the southwest border already endure a deeply flawed system in which they can be detained indefinitely. In this immigration system, detainees too often lack adequate access to counsel. But to unnecessarily tear apart families who cross the border to start a better life is immoral.

Sadly, such separations are already happening. The Florence Project in Arizona documented 155 such cases by October and other immigrant advocacy organizations report that children are being taken away from their parents. If the secretary orders this practice to be made standard procedure, thousands of families could face unnecessary separation.

The Trump administration’s goal is to strong-arm families into accepting deportation to get their children back. Kirstjen Nielsen, the secretary of homeland security, admitted this when she told the Senate on Jan. 16 that separating families may “discourage parents” from seeking refuge in America.

But the increasing informal use of family separation has not proved to be a deterrent. Last year, the number of family apprehensions at the southwestern border skyrocketed from 1,118 families in April to 8,120 in December.

Parents will continue to flee violence to protect their children and themselves. It is reprehensible to punish them for that basic human impulse. It is also despicable that the government would use children as bargaining chips. This policy is tantamount to state-sponsored traumatization.

Those of us who have seen the sites where families are detained and work directly with children and families who have gone through the system know what’s at stake.

The children we work with call the Border Patrol processing stations for migrants stopped at the border “iceboxes” (hieleras) and “dog kennels” (perreras). “I was wet from crossing the river and it was so cold I thought I would die,” one child said.

Another told us: “The lights were kept on day and night. I became disoriented and didn’t know how long I had been there.” A third said: “I was separated from my older sister. She is the closest person in my life. I couldn’t stop crying until I saw her again a few days later.”

In our work we have heard countless stories about detention. But the shock of bearing witness to them is hard to put into words. In McAllen, Tex., you enter a nondescript warehouse, the color of the dry barren landscape that surrounds it. It could be storage for just about anything, but is in actuality a cavernous, cold space holding hundreds upon hundreds of mostly women and children.

Chain-link fencing divides the harshly illuminated space into pens, one for boys, a second for girls and a third for their mothers and infant siblings. The pens are unusually quiet except for the crinkling of silver Mylar blankets. This is where family separation begins, as does the nightmare for parents and children.

The parents whose sons and daughters have been taken from them are given two options: either agree to return home with their children — or endure having those children sent on to shelters run by the Health and Human Services Department while they themselves languish in detention centers scattered around the country.

This country’s medical and mental health organizations have rightly recognized the trauma of this practice. The American Academy of Pediatrics has condemned immigrant family separation, and family detention overall, as “harsh and counterproductive.” The American Medical Association has denounced family separation as causing “unnecessary distress, depression and anxiety.”

Studies overwhelmingly demonstrate the irreparable harm to children caused by separation from their parents. A parent or caregiver’s role is to mitigate stress. Family separation robs children of that buffer and can create toxic stress, which can damage brain development and lead to chronic conditions like depression, post-traumatic stress disorder and heart disease. For that reason, more than 200 child welfare, juvenile justice and child development organizations signed a letterdemanding that the Trump administration abandon this ill-conceived policy.

Family separation is also unjustifiable legally, as “family unity” is central to our immigration laws and our longstanding policy of reuniting citizens and permanent residents with their relatives.

More fundamentally, family separation is anathema to basic decency and human rights. For our government to essentially hold immigrant children as hostages in exchange for the “ransom” of their parents’ deportation is simply despicable.

It is every parent’s nightmare to have a child snatched away. To adopt this as standard procedure to facilitate deportations is inhumane and does nothing to make Americans safer. This country, and Secretary Nielsen, must reject family separation.

DESTROYING AMERICA, ONE PRECIOUS, TALENTED LIFE AT A TIME — “Can something that irrational happen in America?” — In The Trump/Sessions/Miller White Nationalist Regime? — You Betcha!

https://www.washingtonpost.com/local/immigration/with-three-months-left-in-medical-school-her-career-may-be-slipping-away/2018/02/22/24a7a780-10f3-11e8-9570-29c9830535e5_story.html?hpid=hp_rhp-top-table-main_dacadoctors-830pm%3Ahomepage%2Fstory&utm_term=.ed15d711fa8f

Maria Sacchetti reports for the Washington Post:

MAYWOOD, Ill. — Rosa Aramburo sailed into her final year of medical school with stellar test scores and high marks from professors. Her advisers predicted she’d easily land a spot in a coveted residency program.

Then President Trump announced the end of the Obama-era program that has issued work permits to Aramburo and nearly 700,000 other undocumented immigrants raised in the United States.

“Don’t be surprised if you get zero interviews,” an adviser told her.

She got 10, after sending 65 applications.

But as she prepared to rank her top three choices last week, Congress rejected bills that would have allowed her and other “dreamers” to remain in the United States, casting new doubt on a career path that seemed so certain a year ago.

Employers and universities that have embraced DACA recipients over the past six years are scrambling for a way to preserve the program. They are lobbying a deeply divided Congress, covering fees for employees and students to renew their permits, and searching for other legal options — perhaps a work visa or residency through spouses or relatives who are citizens. Some companies have considered sending employees abroad.

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They are also awaiting the outcome of a court challenge to the Trump administration’s decision to end the Deferred Action for Childhood Arrivals program, which has granted the young recipients a temporary reprieve and allowed them to continue renewing work permits for the time being. The Supreme Court could decide as soon as Friday whether to intervene in the case.

Nationwide, more than 160 DACA recipients are teaching in low-income schools through Teach For America. Thirty-nine work at Microsoft, 250 at Apple and 84 at Starbucks. To employers, the young immigrants are skilled workers who speak multiple languages and often are outsize achievers. Polls show strong American support for allowing them to stay.

Based in part on that data, many DACA recipients say they believe that the United States will continue to protect them, even as a senior White House official has indicated that Trump and key GOP lawmakers are ready to move on to other issues.

Human-resources experts warn that employers could be fined or go to jail if they knowingly keep workers on the payroll after their permits have expired. And while the White House has said that young immigrants who lose DACA protections would not become immediate targets for deportation, Immigration and Customs Enforcement says anyone here illegally can be detained and, possibly, deported.

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“I’ve gotten emails saying, ‘Oh, we loved you,’ ’’ Aramburo, 28, said one recent morning as she hurried to predawn rounds at a neurology intensive-care unit. “But in the back of my mind, I’m thinking, ‘What if I can’t finish?’ ”

Dreams and disbelief

Loyola University Chicago’s Stritch School of Medicine has 32 DACA recipients enrolled in its medical program. (Alyssa Schukar/for The Washington Post)

Cesar Montelongo is a third-year student in the school’s MD-PhD program. (Alyssa Schukar/for The Washington Post)
Nearly 100 DACA recipients are medical students enrolled at schools such as Harvard, Georgetown and the Stritch School of Medicine at Loyola University Chicago, which this May will graduate its first five dreamers, including Aramburo.

Loyola, a Catholic school, changed its admissions policies to allow DACA recipients to apply soon after President Barack Obama — frustrated by Congress’s failure to pass an immigration bill — declared in 2012 that he would issue the young immigrants work permits. Trump and other immigration hard-liners criticized the program as executive overreach.

Thirty-two students with DACA are enrolled at Stritch, the most of any medical school in the country, according to the Association of American Medical Colleges. Most are from Mexico, but there are also students brought to the United States as children from 18 other countries, including Pakistan, India and South Korea.

The school helped the students obtain more than $200,000 apiece in loans to pay for their education. Some agreed to work in poor and rural areas with acute physician shortages to borrow the money without interest.

Mark G. Kuczewski, a professor of medical ethics at Loyola, said the school was inspired to launch the effort after hearing about Aramburo, a high school valedictorian who earned college degrees in biology and Spanish and yearned to study medicine but could find work only as a babysitter because she was undocumented.

He said it is unthinkable that Congress may derail the chance for her and the other DACA recipients at Loyola to become doctors and work legally throughout the United States.

“We just can’t believe that that will happen,” Kuczewski said. “Can something that irrational happen in America?”

2:52
This nurse found hope in DACA, now his life is in limbo

Jose Aguiluz is a 28-year-old registered nurse who may face deportation from the United States if Congress doesn’t come to an agreement on DACA recipients. (Jorge Ribas, Jon Gerberg/The Washington Post)
Teach For America said its lawyers have pored over immigration laws to find ways to sponsor workers who lose their DACA protections. But the process often requires workers to leave the United States and return legally, a risk many young teachers are unwilling to take. The organization also offered to relocate teachers close to their families in the United States.

“They’re desperate. They’re stressed,” said Viridiana Carrizales, managing director of DACA Corps Member Support at Teach For America. “They don’t know if they’re going to have a job in the next few months.”

A spokesman for a major tech company who spoke on the condition of anonymity because of the sensitivity of political negotiations, said it asked DACA employees whether they would like to be transferred to another country where their work status would not be in jeopardy.

“It fell completely flat,” he said. “The employees were polled, and with virtual unanimity, the resounding answer was a ‘No, thank you.’ They considered it giving up.”

The Society for Human Resource Management said companies can defend workers and lobby Congress on behalf of DACA recipients. But the group, which has 240 member organizations, is also urging employers to consider what might happen if their employees’ work permits expire.

“The bottom line is, if people don’t have documents that allow them to work in the United States, they have to be taken off the payroll,” said Justin Storch, a federal liaison for the society.

Cesar Montelongo, a third-year medical student and a DACA recipient. (Alyssa Schukar/for The Washington Post)
‘Not just farmworkers or housekeepers’
On the snow-covered campus at Loyola University Chicago, medical students with DACA permits say they are continuing with their studies and renewing their work permits even as they keep one eye on Washington.

Cesar Montelongo, 28, a third-year medical student who attended the State of the Union address last month, spent part of one recent day examining bacteria in petri dishes in a school laboratory. His family fled a violent border city in Mexico when he was 10.

He is earning a medical degree and a PhD in microbiology, a high-level combination that could land him plenty of jobs in other countries. But he said he prefers the United States, one of “very few places in this planet you can actually achieve that kind of dream.”

Less than a mile away, Alejandra Duran, a 27-year-old second-year medical student who came to the United States from Mexico at 14, translated for patients at a local clinic for people with little or no insurance.

With help from teachers in Georgia, she graduated from high school with honors. She wants to return to the state as a doctor and work to help lower the rate of women dying in childbirth.

“A lot of things have been said about how illegal, how bad we are; that’s not the full story,” Duran said. “We’re not just farmworkers or housekeepers. We’re their doctors. We’re their nurses, their teachers, their paramedics.”

Alejandra Duran, a second-year student who intends to practice obstetrics and gynecology, translates for Dr. Matt Steinberger at the Access to Care clinic. (Alyssa Schukar/For The Washington Post)

Cesar Montelongo, a third-year medical student, examines Petri dishes in which he conducted an experiment looking at interactions of viruses with bacteria in the bladder. (Alyssa Schukar/For The Washington Post)
During rounds at the Loyola University Medical Center, Aramburo studied computer records, then examined stroke victims and patients with spinal and head injuries. Some may never regain consciousness, but she always speaks to them in the hope that they will wake up.

“That’s my dream: to make a difference in people’s lives,” she said. “I hope I can do it.”

In the glass-walled neurology intensive care unit, she and two physicians stood before a 45-year-old stroke victim who spoke only Spanish. The woman struggled to grasp what the two doctors were saying.

Aramburo stepped forward.

“You’ve had a small stroke,” she explained in Spanish, as the woman listened. “It could have been a lot worse. Now we’re going to figure out why.”

 

 

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Some of the WASHPOST comments on this article were predictably idiotic ands racist., Really, what’s happening to our country that folks have such perverted, ill informed, anti-social, and inhuman views?

These are American kids. Raised, educated, and residing in our country. They aren’t “taking places” from anyone, except, perhaps those of their classmates who are less talented or less ambitious. But, why would we want to reward mediocrity over merit just because someone was born here? Other American kids have the same opportunities that Dreamers have. If some chose not to take advantage of them, so be it!

When the Arlington Immigration Court was located in Ballston, Virginia, the kids from nearby Washington & Lee High would come over to the Mall for lunch. Undoubtedly, some of them were undocumented.

But, I couldn’t tell you who. They were just American kids. Even when they showed up in my courtroom, I couldn’t tell you who was the “respondent” and who was the “support group” until I called the case and the respondent came forward. Contrary to the White Nationalists, folks are pretty much the same.

As usual, Trump and his White Nationalist cronies have taken a win-win-win and created a lose-lose-lose! When Dreamers get screwed, they lose, US employers lose, and our country loses, big time! But, that’s what happens when policies and actions are based on bias, ignorance, and incompetence.

PWS

02-23-18

THE HILL: NOLAN RAPPAPORT THINKS A COMPROMISE TO SAVE DREAMERS IS STILL POSSIBLE!

http://thehill.com/opinion/immigration/374580-make-the-compromise-ending-chain-migration-is-a-small-price-to-legalize

Family Pictures

Nolan writes:

. . . .

Compromise.

A compromise is possible. It does not have to be a choice between the current chain migration system and a purely merit-based system. The two systems can be merged with the use of a point system.

Visas currently allocated to extended family members can be transitioned to a merit-based point system that provides extra points for family ties to a citizen or LPR. The merit-based aspect of the point system would eliminate the main objection to chain migration, which is that it allocates visas to extended family members who do not have skills or experience that America needs.

Trump’s framework also would terminate the Diversity Visa Program. Those visas could be transitioned to the new point system too.

This would be a small price to pay for a legalization program that would provide lawful status for 1.8 million Dreamers.

Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.“

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Go on over to The Hill at the link to read Nolan’s complete article.

I disagree with Nolan’s statement that extended family members don’t bring needed skills. As David J. Bier of the Cato Institute recently pointed out in the Washington Post, that argument is one of a number of   “Myths” about so-called chain migration.

Bier writes:

“MYTH NO. 5
Chain immigrants lack skills to succeed.
In making his case for the president’s proposals last month, Attorney General Jeff Sessions said, “What good does it do to bring in somebody who is illiterate in their own country, has no skills and is going to struggle in our country and not be successful?” This description distorts the picture of immigrants who settle in the United States.

Nearly half of adults in the family-sponsored and diversity visa categories had a college degree, compared with less than a third of U.S. natives. America would lose nearly a quarter-million college graduates every year without the family-sponsored and diversity programs.

Even among the 11 percent who have little formal education, there is no evidence that they aren’t successful. By virtually every measure, the least-skilled immigrants prosper in America. Immigrant men without high school degrees are almost as likely as U.S.-born men with college degrees to look for a job and keep one.

Family-sponsored immigrants are the most upwardly mobile American workers. Whether high-skilled or not, chain or not, immigrants succeed in and contribute to this country.”

I highly recommend Bier’s article

All of my many years of first-hand observation of family immigration at every level supports Bier’s analysis.

Indeed, even if I were to assume that the majority of extended family were so-called “unskilled” (meaning largely that they have skills elite restrictionists don’t respect) that would hardly mean that they aren’t greatly benefitting the US. In many ways, immigrants who perform important so-called “unskilled jobs” essential to our economy but which most Americans neither will nor can do well, are just as important to societal success as more doctors, professors, computer geeks, and baseball players. Fact is, immigrants of all types from all types of countries consistently benefit the US.

That being said, why not try something along the lines that Nolan suggests by taking the Diversity visas and establishing a “pilot program” that combines skills and family ties in a numerical matrix? Then, track the results to see how they compare with existing employment-based and family-based immigration.

PWS

02-21-17

LA TIMES: NEW DHS ENFORCEMENT POLICIES SEEK TO PUNISH CHILDREN AND PARENTS SEEKING ASYLUM – Really, Is This What We’ve Become As a Nation In The “Age of Trump?”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=371cd9b8-56d5-4cca-a96c-53e177ee2201

Molly Hennessy-Fiske reports for the LA Times

EL PASO — Thousands of parents who crossed illegally into the U.S. in recent years have been held with their children at immigration detention centers. But the case of a Brazilian woman and her son illustrates what migrant advocates call a harsher approach to immigration enforcement that aims to separate parents and children.

She’s being held in Texas, while her son was taken to a shelter in Illinois. The unspoken goal, advocates say, is to discourage parents from crossing illegally or attempting to request asylum.

The Brazilian mother — who asked to be identified only as Jocelyn because she was fleeing domestic violence — entered the U.S. in August with her 14-year-old son, who she said was being threatened by gangs. They hoped to apply for asylum.

Migrant families like Jocelyn’s are usually processed by immigration courts, an administrative process. Such families are detained together or released with notices to appear at later court proceedings. President Trump promised to end the practice, dismissing it as “catch and release.”

Historically, most border crossers were sent back to their home countries, but the Trump administration has threatened to prosecute some migrant parents because entering the country illegally is a federal crime. The first offense is a misdemeanor, with a maximum sentence of six months. Those caught a second time face a felony charge with a maximum sentence of up to 20 years, depending on their criminal record. Once a case becomes a criminal matter, parents and children are separated.

According to public defenders and immigrant advocates, more and more immigrant families who come to the southern border seeking asylum are being charged in federal criminal courts from El Paso to Arizona. Jocelyn was charged with a misdemeanor, and her son was sent to a shelter in Chicago. Comprehensive statistics do not exist, but activists and attorneys say anecdotal evidence suggests the practice is spreading.

“There’s not supposed to be blanket detention of people seeking asylum, but in reality, that’s what’s happening” in El Paso, said Dylan Corbett, director of the Hope Border Institute, a nonprofit social justice group. “We’re still in this limbo in our sector and across the border: What’s going on? What are the new policies?”

Last week, 75 congressional Democrats led by Rep. Lucille Roybal-Allard (D-Downey) sent a letter to the secretary of Homeland Security expressing outrage at increased family separations and demanding officials clarify their policies within two weeks.

“We are gravely concerned that these practices are expanding and worsening, further traumatizing families and impeding access to a fair process for seeking asylum,” they wrote.

Homeland Security won’t say it is targeting families but does say it is making procedural and policy changes to deter illegal immigration.

“The administration is committed to using all legal tools at its disposal to secure our nation’s borders,” said Tyler Houlton, a Homeland Security spokesman.

Jocelyn said she fled Brazil to escape an abusive husband. During a recent meeting at the El Paso detention center where she is being held, she lifted the sleeve of her white uniform to show scars on her arm that she said came from beatings by her husband, an armed security guard who refused to grant her a divorce.

She and her son flew to Mexico on Aug. 24, crossed the border two days later, turned themselves in to Border Patrol near El Paso and were told they would be separated.

“I didn’t know where they were taking him,” she said of her son. “They didn’t tell me. I asked many times. They just said ‘Don’t worry.’ ”

Elsewhere on the border, including Texas’ Rio Grande Valley to the east where most migrants cross illegally, many parents and children are still released together with notices to appear in immigration court.

To opponents of illegal immigration, the practice of charging migrants with criminal offenses is a good thing. Andrew Arthur, a former immigration judge now serving as a resident fellow at the conservative Washington-based Center for Immigration Studies, said criminal charges are a deterrent.

“The reason the children are there to begin with is this belief [among immigrants] that a parent with a child will not be detained,” Arthur said. He added that exposing children to smugglers who could abuse and kidnap them “borders frankly on child abuse.”

Last April, Atty. Gen. Jeff Sessions issued guidance to U.S. attorneys urging more aggressive prosecution of those illegally reentering the country. As the number of migrant families crossing illegally increased last summer, parents were detained by U.S. marshals, but their children were reclassified as unaccompanied minors and placed at shelters across the country by the Office of Refugee Resettlement.

Migrant advocates sued in federal court, arguing that when asylum seekers declare a fear of returning to their home country, federal law dictates that they be referred to an asylum officer, even if they crossed the border illegally, and their cases considered by immigration judges.

In October, El Paso immigrant advocates asked Border Patrol officials whether they were separating migrant parents from their children.

“They volunteered yes, we’re doing family separation,” Corbett recalled, adding that one agent “said it was standard practice locally here in the sector to separate all children 10 years and older from their family. We were all shocked.”

Afterward, Border Patrol attorney Lisa Donaldson emailed those who had attended the meeting, insisting that the “Border Patrol does not have a blanket policy requiring the separation of family units” and that any increase in separations “is due primarily to the increase in prosecutions of immigration-related crimes.”

Daryl Fields, a spokesman for the U.S. attorney’s office in western Texas, which files federal criminal charges, said each case is considered individually and that “we do not target individuals for prosecution based on their parental status.”

Federal public defenders said that criminally charging asylum seekers not only violates international treaties, it encourages migrants to plead guilty so they can end their case quickly, get deported and try to reunite with their children.

“It impacts the lawfulness or constitutionality of their guilty plea,” said Maureen Franco, the federal public defender for the western district of Texas. “They’re under the misconception ‘The quicker I get my case over with, the quicker I’ll get my children back.’ Any lawyer worth their salt will tell them it’s not like that.”

Franco’s office has asked a federal court to dismiss improper entry charges against four Central American parents and a grandmother whose children were removed after the adults were detained. A judge ruled in favor of the government Jan. 5. Federal public defenders are appealing.

Immigration attorney Bridget Cambria has handled 15 family separation cases, including several mothers charged and separated from their children in El Paso.

“There’s huge questions about whether it’s legal when they’re seeking asylum. They’re using the federal statutes as a reason to take their child,” Cambria said.

It’s not clear how many migrant parents like Jocelyn have been charged and separated from their children. Federal public defenders and U.S. district courts do not track them. U.S. Customs and Border Protection reported just five migrant family members referred for prosecution in federal criminal court this year fiscal year, which started in October. It reported seven last fiscal year and 21 the year before that.

Estimates from migrant advocacy groups are much higher.

In Arizona, the Tucson-based Florence Immigration and Refugee Rights Project saw 213 such cases last year, an increase from the 190 cases the year before. Legal director Laura St. John said the group has already served 23 separated families this year.

A dozen cases of family separation were reported by Washington-based Lutheran Immigration and Refugee Service. Hope Border Institute surveyed attorneys representing 90 asylum seekers in the El Paso area between June and November 2017 and found 94% had clients separated from their children.

In December, a host of immigrant advocacy groups filed a complaint with Homeland Security alleging that parents have been charged and separated from their children, “without a clear or reasonable justification, as a means of punishment and/or deterrence, and with few mechanisms to locate, contact, or reunite with family members.” The complaint is pending.

As for Jocelyn, a federal judge in Las Cruces found her guilty of crossing the border illegally, a misdemeanor, on Sept. 22. She received a suspended sentence and was transferred to immigration detention in El Paso. Instead of self-deporting, Jocelyn stayed to pursue her asylum claim.

She learned through the Brazilian Consulate that her son was at a Chicago shelter and she has since spoken to him by phone four times.

She said her son told her that other children of migrants in the shelter tried to run away because they missed their parents. Jocelyn urged her son to stay put. He promised he would.

She worries, but is hopeful. Immigration officials recently found she has a credible fear of returning home, the first step toward obtaining asylum, and a pro bono attorney is trying to get her released on bond.

She tried to reassure her son during a recent phone call. “As soon as I get out,” she said, “I will come get you.”

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

Wow! What a great way to spend U.S. Government funds! Picking on refugees —  abused women and kids who have the audacity to seek to exercise their legal rights under our laws and International Conventions.

Let’s get down to the truth here. “Jocelyn” in the above article appears to be a legitimate refugee. Assuming she’s telling the truth — and she has the scars to prove it, she should be a “slam dunk” asylum grant under Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014) (domestic violence can be a basis for asylum).

The logical way of proceeding would be to release her while making sure she gets linked up with a good pro bono organization who can assign a lawyer to investigate, confirm, and document her case and then file the asylum application with the Immigration Court. In my experience, a well-documented case like this could go on an “accelerated short docket.” There it could be granted, basically by stipulation of the parties, after short testimony to confirm key events and double-check for any criminal or security grounds. With adequate preparation, and cooperation between the pro bono lawyer and the DHS Assistant Chief Counsel, this case should take no more than 30 minutes, one hour “tops,” of precious hearing time.

No need for detention, clogging the Immigration Courts’ Individual Hearing dockets, or any other form of “Aimless Docket reshuffling.” Best of all, we’re in compliance with the laws and our Constitutional guarantees of Due Process. Sounds like a “winner” to me for all concerned.

I have no doubt that there are many “Jocelyns” out there among recent border arrivals. Even those who don’t technically have “grantable” asylum claims under the overly restrictive precedents, should, if credible, be able to document strong cases for relief under the Convention Against Torture given the breakdown in government authority and de facto control by gangs in most parts of the Northern Triangle, the source of most of today’s Southern Border asylum  applicants.

So, why are we wasting money on detention and criminal prosecution to keep folks who seldom if ever present any threats to the United States from getting the protection to which our laws entitle them? Why are we trying to send (usually ineffective in any event) “don’t come” messages to people who have a right to seek protection under our laws? Why would we make it difficult for individuals to exercise their statutory right to be represented by counsel and to have adequate time to prepare their cases?

Sounds to me like DHS and the Administration are abusing our laws and our Constitutional guarantees and wasting lots of time and money in the process. Ultimately, that’s something of which we should be ashamed.

PWS

02-20-18