Alabama – Page 82 – immigrationcourtside.com

GONZO’S WORLD: TRAVESTY AT JUSTICE: HOW SESSIONS’S DISINGENUOUS WHITE NATIONALIST AGENDA DEGRADES THE MEMORY OF AMERICAN CIVIL RIGHTS LEADER W.E.B. DU BOIS – “It is often said that elections have consequences. Distorting history, though, and the contributions of past scholars is not a political consequence but rather degrades our intellectual tradition.”

https://www.theguardian.com/us-news/commentisfree/2018/apr/26/jeff-sessions-is-shamefully-undermining-web-du-boiss-legacy?CMP=Share_iOSApp_Other

Marc Mauer writes in The Guardian:

Since 2002, the US Department of Justice’s WEB Du Bois program has sponsored research fellowships on issues of race and criminal justice. During Republican and Democratic administrations, a diverse group of academics have carried the spirit of the noted sociologist and civil rights leader to the race challenges of the 21st century. Given the racial disparity endemic at every stage of the justice system the DoJ’s investigation of these issues has been praiseworthy.

But with Jeff Sessions as attorney general exploring the roots of this injustice may now be compromised. In the recently released solicitation for the Du Bois fellowships the DoJ invited scholars to engage in research on five issues arising out of the “tough on crime” era that would make a student of the Du Bois legacy shudder.

Whereas Du Bois is widely known for promoting the idea that “the problem of the 20th century is the problem of the color line”, the DoJ solicitation displays no interest in such high-profile issues as police killings of unarmed black men or the impact of mass incarceration on the African American community. Instead, “protecting police officers” is the only area of law enforcement prioritized by the DoJ.

Another research priority, “enhancing immigration enforcement”, coming at a moment when barely disguised racist imagery accompanies those policies, seems particularly jarring when upheld in the name of a civil rights legend.

The DoJ approach to research is unfortunately consistent with the misconstrued “law and order” agenda that Jeff Sessions has brought to his leadership. Within a month of taking office Sessions had rescinded the Obama-era decision to phase out federal contracting with private prisons. That initiative had been based in part on an inspector general’s finding that such prisons had higher levels of assault and safety concerns than public prisons.

Sessions overturned a policy adopted by his predecessor Eric Holder that urged federal prosecutors to use their discretion to avoid bringing drug charges that would carry a mandatory minimum sentence if the facts of the case suggested that the defendant had little criminal history and was not a major player in the drug trade. A year after its implementation the number of such sentences had declined by 25%, with no adverse effects on drug law enforcement.

Sessions also has emerged as the primary political obstacle to the bipartisan sentencing reform movement on Capitol Hill

In contrast, Sessions now requires that federal prosecutors seek the most serious charge they can bring in every case. This policy is faulty on two counts. First, it fails to recognize that no two crimes or defendants are exactly alike, and that sentencing needs to be individualized. Second, the directive conflicts with the ethical standard for prosecutors to seek justice, not vengeance. In some cases, justice may represent a prison term, in others it may be placement in residential drug treatment.

Sessions also has emerged as the primary political obstacle to the bipartisan sentencing reform movement on Capitol Hill, and joined with President Trump’s barbaric call for the death penalty for drug sellers. At a moment when Americans increasingly recognize that treatment is more effective than punishment for addressing addiction, such a dehumanizing message will only inflame the public debate in unproductive ways.

Perhaps most unsettling about the Du Bois initiative and the thrust of current policy is its disconnect from evidence and the current realities of crime and justice. Certainly law enforcement officers need to be protected as they do their jobs, but so do communities of color when they are harmed by racist policing. Suggesting that we need to enhance immigration enforcement at a time when this is already at record levels fails to engage in the vitally needed conversation about how to develop immigration policy that offers refuge to those fleeing violence and enhances cross-border economic opportunity and family stability.

It is often said that elections have consequences. Distorting history, though, and the contributions of past scholars is not a political consequence but rather degrades our intellectual tradition.

Marc Mauer is the executive director of The Sentencing Project and the author of Race to Incarcerate

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

Sessions is and always has been a racist. That he has now shifted most of his intellectual dishonesty, intentionally racially inflammatory rhetoric, and false narratives to attacking Hispanics, immigrants, and gays, rather than concentrating on demeaning African-Americans, doesn’t change anything.

About the best that can be said for “Gonzo” is that he’s an “equal opportunity racist.” That he has risen to the position of Attorney General while espousing his White Nationalist views is a continuing stain on America and our national values. It’s also something for which the GOP must be held accountable once they finally lose their ultimately doomed quest to “Keep America White.”

Sen. Elizabeth Warren and others were right about Sessions. That they were ignored and rudely “tuned out” by their GOP colleagues is an ongoing national disgrace.

PWS

04-29-18

RACISM IN AMERICA: WILL YOU OR YOUR FAMILY BE NEXT IN THE “NEW AMERICAN GULAG?” — Think It Can’t Happen Because You Are A US Citizen? — Guess Again! — DHS Has Detained Nearly 1,500 Citizens, & They Are Largely Indifferent To The Problem! Of Course It Will Get Worse Under Trump, Unless You’re A “White Guy!”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=8d20e42e-cd60-4330-b0f1-f808600e59b5

Paige St. John & Joel Rubin report for the LA Times;

Immigration officers in the United States operate under a cardinal rule: Keep your hands off Americans. But Immigration and Customs Enforcement agents repeatedly target U.S. citizens for deportation by mistake, making wrongful arrests based on incomplete government records, bad data and lax investigations, according to a Times review of federal lawsuits, internal ICE documents and interviews.

Since 2012, ICE has released from its custody more than 1,480 people after investigating their citizenship claims, according to agency figures. And a Times review of Department of Justice records and interviews with immigration attorneys uncovered hundreds of additional cases in the country’s immigration courts in which people were forced to prove they are Americans and sometimes spent months or even years in detention.

Victims include a landscaper snatched in a Home Depot parking lot in Rialto and held for days despite his son’s attempts to show agents the man’s U.S. passport; a New York resident locked up for more than three years fighting deportation efforts after a federal agent mistook his father for someone who wasn’t a U.S. citizen; and a Rhode Island housekeeper mistakenly targeted twice, resulting in her spending a night in prison the second time even though her husband had brought her U.S. passport to a court hearing.

They and others described the panic and feeling of powerlessness that set in as agents took them into custody without explanation and ignored their claims of citizenship.

The wrongful arrests account for a small fraction of the more than 100,000 arrests ICE makes each year, and it’s unclear whether the Trump administration’s aggressive push to increase deportations will lead to more mistakes. But the detentions of U.S. citizens amount to an unsettling type of collateral damage in the government’s effort to remove undocumented or unwanted immigrants.

The errors reveal flaws in the way ICE identifies people for deportation, including its reliance on databases that are incomplete and plagued by mistakes. The wrongful arrests also highlight a presumption that pervades U.S. immigration agencies and courts that those born outside the United States are not here legally unless electronic records show otherwise. And when mistakes are not quickly remedied, citizens are forced into an immigration court system where they must fight to prove they should not be removed from the country, often without the help of an attorney.

The Times found that the two groups most vulnerable to becoming mistaken ICE targets are the children of immigrants and citizens born outside the country.

Matthew Albence, the head of ICE’s Enforcement and Removal Operations, declined to be interviewed but said in a written statement that investigating citizen claims can be a complex task involving searches of electronic and paper records as well as personal interviews. He said ICE updates records when errors are found and agents arrest only those they have probable cause to suspect are eligible for deportation.

“U.S. Immigration and Customs Enforcement takes very seriously any and all assertions that an individual detained in its custody may be a U.S. citizen,” he said.

But The Times’ review of federal documents and lawsuits turned up cases in which Americans were arrested based on mistakes or cursory ICE investigations and some who were repeatedly targeted because the government failed to update its records. Immigration lawyers said federal agents rarely conduct interviews before making arrests and getting ICE to correct its records is difficult.

. . . .

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

Read the complete, very scary, story at the link.

Just more support for my position that DHS should not be given any additional agent positions until they account for how they are using (and in too many cases misusing) their current positions. If there is anything that the Trumpsters have clearly shown it’s their total disdain for the Constitution and laws of the U.S. except as they might advance and protect the parochial interests of Trump and his supporters.

There is little doubt that the Trump/Sessions/Miller/Homan crew see DHS as “Internal Security Police” — largely beyond anyone’s control — that they will use for partisan political purposes. The case for the ultimate abolition of ICE in its current form and leadership looks stronger all the time.

And, as usual these days, Congress is AWOL while this Administration undermines American democracy.

Now, a REAL Attorney General might be concerned about getting to the bottom of this lawless behavior affecting the rights of U.S. citizens. But, White Nationalist Jeff Sessions is too busy creating false narratives, demonizing immigrants, and undermining the rights of Hispanic Americans, LGBTQ Americans, and African-Americans to be bothered with fundamental violations of Constitutional rights particularly where the victims aren’t White Guys. Jim Crow lives! And all of us should be worried about where he will strike next.

PWS

04-29-18

AMERICAN INJUSTICE: ADVOCATES COMPLAIN ABOUT US IMMIGRATION JUDGE V. STUART COUCH’S BIAS AGAINST CENTRAL AMERICAN WOMEN SEEKING ASYLUM – APPEALS BOARD AGREES, FINDING COUCH’S RULINGS “CLEARLY ERRONEOUS” IN MANY CASES – Now They Fear That Judge Couch Has A “Kindred Spirit” In The Overtly Xenophobic Jeff Sessions!

Judge in case Sessions picked for immigrant domestic violence asylum review issued ‘clearly erroneous’ decisions, says appellate court

By: Tal Kopan, CNN

Jeff Sessions recently used his special authority as attorney general to review an asylum case that could have sweeping implications for how the US treats immigrants fleeing domestic violence.

Newly released records now show that the case he handpicked, which involves a Central American woman fleeing domestic abuse from her ex-husband, comes from a judge who has been repeatedly rebuked by appellate judges for his multiple rejections of asylum claims from victims of domestic abuse.

Advocates and immigration attorneys fear that Sessions could be using the case as an opportunity to reverse case law that has protected Central American women fleeing violence and sexual assault from husbands by granting them asylum in the US.Stuart

Couch, an immigration judge in Charlotte, North Carolina, has sought to justify denying such women the right to stay in the US in multiple cases, even with the appellate body repeatedly ruling that his findings were “clearly erroneous,” according to records released after a Freedom of Information Act request.

Couch’s decision in the case Matter of A-B-, a convention of naming cases in immigration court that protects the individual’s identity, is a rare opinion that Sessions has referred to himself for review. Sessions has been using a little-known authority to refer immigration cases to himself for review, allowing him to almost single-handedly direct how immigration law is interpreted in this country.

In reviewing Couch’s decision, Sessions invited interested parties to comment on the notion of whether being the victim of a crime can count for asylum, a complicated aspect of asylum law.

The case was initially kept secret by the Justice Department and immigration courts on privacy grounds, but was made public by immigration attorneys as a domestic violence case. Input on the case was due to Sessions on Friday.

It was also later revealed that Sessions decided to consider the case over the objections of the Department of Homeland Security, which had asked him to hold off on diving into the case until the Board of Immigration Appeals, the immigration courts’ appellate body, decided on a request from Couch to take the case back up themselves. Sessions denied DHS’s request.

The Department of Justice declined to comment on why or how Sessions chose the case, and it’s not known how he will rule. When Sessions initially referred himself the case, a department official said he was considering it “because of a lack of clarity in the court system on the issue.”

More on Couch’s decisions: http://www.cnn.com/2018/04/28/politics/jeff-sessions-immigration-courts-domestic-violence-asylum/index.html

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

You should read Tal’s entire article for a profile of just how biased Judge Couch — the second most reversed Judge among hundreds in the Immigration Courts — is in asylum cases. He had 58 cases reversed by the BIA just in 2017, while piling up an “asylum denial rate” 26% above the national average!

And, remember that this “isn’t the Ninth Circuit” by any stretch of the imagination. The BIA is a considered a conservative tribunal with a strong predilection to rule for the DHS to begin with!

I’m glad that the anti-asylum bias that runs through too much of today’s Immigration Court system, and is actually fanned and encouraged by Sessions, is finally being exposed. Even if Congress won’t solve this glaring problem by removing these Courts from the DOJ and creating an independent Immigration Court, with a merit-based hiring system, I hope that the Article III reviewing courts are getting the picture that much of what they are getting from EOIR in the area of asylum denials is the product of an intentionally unfair and biased system.

In this outrageous example, Matter of A-B-, the BIA was actually quite properly trying to “rein in” Judge Couch. Rather than encouraging justice, Sessions actually interfered with the BIA’s actions, even though neither the BIA nor any party had requested his review. What kind of “court system” allows a law enforcement official to control the results? Sounds like something directly out of the DOS Country Report on a Third World Dictatorship!

Judge Couch actually was appointed during the Obama Administration, illustrating the widespread and chronic nature of the problem of anti-asylum biased judging at EOIR. The Obama Administration was not accused of the overtly politicized hiring engaged in by the Bush Justice Department.

Nevertheless, from a statistical standpoint, the opaque, closed, and glacial (two-year average) Obama DOJ selection system was biased in favor of attorneys from government backgrounds and against those with experience representing asylum applicants by an astounding 9 to 1 ratio! Many believe this intentionally produced a BIA and an Immigration Court that would more or less “go along to get along” with construing the law and the facts against asylum applicants from countries considered to be “enforcement priorities” by the Obama Administration.

It’s time to put an end to this charade of justice and Due Process in our Immigration Courts. We need an independent Article I U.S. Immigration Court with a merit-based selection system. If not, we need a “helpful intervention” by the Article III Courts to end this chronically unfair and dysfunctional administration of justice by the Department of Justice!

PWS

04-28-18

HERESY IN THE HOUSE?: DID RYAN AX CHAPLAIN FOLLOWING UNWELCOME REMINDER THAT “THE POOR ARE CHILDREN OF GOD?” – Is He Seeking WASP Male Evangelical Replacement Qualified To Minister To Needs Of House GOP Kleptocracy!👹👹👹

https://www.vanityfair.com/news/2018/04/paul-ryan-patrick-conroy?mbid=nl_th_5ae255955bf9e03bdb5e6fd3&CNDID=48297443&spMailingID=13395516&spUserID=MjMzNDQ1MzU1ODE2S0&spJobID=1382357241&spReportId=MTM4MjM1NzI0MQS2

Bess Levin writes in Vanity Fair:

Levin Report

DID PAUL RYAN FIRE THE HOUSE CHAPLAIN FOR TAX-CUT BLASPHEMY?

It sure seems like something he’d do.

BY

BESS LEVIN

APRIL 26, 2018 6:27 PM

“I don’t care who you are, you bite your god damn tongue!”

By Alex Edelman/Getty Images.

The December 2017 passage of the “Tax Cuts and Jobs Act” was thrilling to a great many people, among them Donald Trump, corporate America, and the uber-rich, whom the legislation was structured to disproportionately benefit. But in truth, the day belonged to one man: CrossFit devoteeand Eddie Munster doppelgängerPaul Ryan, who had fantasized about redistributing wealth to those at the top since his boyhood days in Wisconsin, devoted his entire career to making it happen, and promptly announced his retirement when it became clear that his other lifelong dream—dismantling the social safety net and cutting off the lazy takers—wasn’t going to happen ’til at least 2021. So we imagine it must have really frosted Ryan’s cookies when, in the midst of many a late night and early morning on the Hill devoted to dragging this sucker across the finish line, Reverend Patrick Conroy, the House chaplain since 2011, had the stones to include these outrageous lines in one of his prayers:

“God of the universe, we give You thanks for giving us another day. Bless the Members of this assembly as they set upon the work of these hours, of these days. . . . As legislation on taxes continues to be debated this week and next, may all Members be mindful that the institutions and structures of our great Nation guarantee the opportunities that have allowed some to achieve great success, while others continue to struggle. May their efforts these days guarantee that there are not winners and losers under new tax laws, but benefits balanced and shared by all Americans.”

Ryan, one assumes, had never heard such sacrilegious words from a man of the cloth and was probably of a mind to drag Conroy out of the room by his collar and throw him out on the Capitol steps then and there. But because he is a disciplined lawmaker whose Holy Grail was so close he could taste it, he stayed focused and decided to deal with the blasphemy at a later time. And apparently that time came earlier this month, per The Hill:

House Chaplain Patrick Conroy’s sudden resignation has sparked a furor on Capitol Hill, with sources in both parties saying he was pushed out by Speaker Paul Ryan. Conroy’s own resignation announcement stated that it was done at Ryan’s request.

“As you have requested, I hereby offer my resignation as the 60th Chaplain of the United States House of Representatives,” the April 15 letter to Ryan, obtained by The Hill, states.

While one source claimed that “some of the more conservative evangelical Republicans didn’t like that the Father had invited a Muslim person to give the opening prayer,” others offered a more compelling reason: Ryan “took issue with a prayer on the House floor that could have been perceived as being critical of the G.O.P. tax cut bill.” According to a Democratic aide, Conroy’s ouster was “largely driven by [the] speech on the tax bill that the speaker didn’t like.” The New York Times notes that a week after his sermon, a staffer from Ryan’s office told Conroy “We are upset with this prayer; you are getting too political,” and that the next time he saw the Reverend in person, Ryan told him “Padre, you just got to stay out of politics.” AshLee Strong, a spokesperson for the speaker, declined to explain the personnel decision, noting only Minority Leader Nancy Pelosiand her office “were fully read in and did not object.”

Now, could Ryan have forced the guy to resign for completely legitimate reasons? Sure! But it also seems entirely plausible that this is exactly the sort of thing that would constitute a bridge too far in his book. Stand up for neo-Nazis? Water off a duck’s back. But suggest that a $1.5 trillion tax cut should help all Americans and not just the already-rich? That’s obviously a (potentially!) fireable offense right there. And don’t bother saying sorry after the fact to Ryan, Reverend. Say sorry to God. As a major corporate shareholder and beneficiary of the legislation, you’re in the doghouse with him, too.

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

Read the rest of the “Levin Report” at the link!

Obviously, it takes a very special type of pastor to provide spiritual counseling to a bunch of guys who have devoted their entire careers to taking from the underprivileged and giving to the over-privileged. It also takes a very special kind of theological scholarship, since almost all of Christian theology suggests that exactly the opposite is required and that greed, promoting inequality, and abusing the less fortunate are actually sins that could have serious repercussions in eternal life.

These dudes have to face the very real chance that they will pass into an another world where those whom they have dispossessed, mistreated, mocked, dumped on, and scorned in life will be the “honored ones” and the GOP lifetime grifters will be at their mercy. The day of reckoning for today’s GOP and their evangelical backers could get ugly — they almost have to hope that there is no God, or if there is, that She is not a “Just God” or they will have “Hell to Pay” so to speak! No wonder they are in need of serious spiritual help!

Ryan apparently had to act quickly to scotch the blasphemous rumors floating around the Hill: JESUS WASN’T REALLY A RICH WASP. HE WASN’T EVEN A CHRISTIAN, AND HE DIDN’T BELONG TO ANY CHURCH AT ALL. HE SUPPOSEDLY TURNED FISH INTO LOAVES OF BREAD AND DIDN’T EVEN DENY BREAD (let alone cake) TO THE LGBTQ GUYS IN THE CROWD!

Some misguided souls are even claiming that ”our very own” Jesus Christ actually was an indigent swarthy Palestinian disgruntled Jew who led a ragtag band of vagrants — some of whom had quit gainful employment and abandoned their families — around Palestine undermining legal authority, failing to respect THE LAW, and spreading seditious lies like “The meek shall inherit the earth,” “Blessed are the poor,” and “Fat Cats riding camels will never make it through the eye of a needle or pass through the gates of Heaven!” They were “takers” — non-self-supporting, non-contributors to the community, and lived on handouts and public charity!

Some apparently have the audacity to claim that Jesus spoke of a “spiritual kingdom” unrelated to material possessions and tax breaks where rich White Guys would be judged equally with everyone else. Shucks, what’s the purpose of being rich & White if it won’t even buy you preferential treatment? Heck, even a poor guy who wasn’t a lobbyist would have direct access to Mick Mulvaney under that scenario!

This obviously false Prophet reputedly was so poor that he couldn’t afford a lawyer for his trial, not even Rudy Guiliani. He tried to represent himself, and the result was pretty ugly.

False news, false news, false news! Gotta find a true minister who preaches the gospel according to Fox & Friends!

PWS

04-28-18

CALL OUT THE CAVALRY, WE NEED REINFORCEMENTS! – “CARAVAN” OF A FEW HUNDRED MEEK REFUGEE WOMEN & CHILDREN REACH S. BORDER, THREATEN TO EXERCISE LEGAL RIGHTS TO APPLY FOR ASYLUM, AS TRUMP, SESSIONS, NIELSEN, HOMAN, & CO. COWER IN FEAR WITHIN “FORTRESS AMERICA” — Trump Administration Views Individual Constitutional Rights As “Dangerous Loopholes” & “Threats To National Security” That Must Be Eliminated – “Grandfathering” Sought For Current & Former Trump Officials, Friends, Family Who Might Need To Assert Fifth Amendment Right Against Self-Incrimination!

https://www.washingtonpost.com/world/national-security/at-the-us-border-a-diminished-migrant-caravan-readies-for-an-unwelcoming-reception/2018/04/27/7946a154-4a52-11e8-827e-190efaf1f1ee_story.html?utm_term=.cd296045d4c6

Nick Miroff reports for the Washington Post:

TIJUANA, Mexico — The American president, a former real estate mogul, does not want Byron Garcia in the United States. But the Honduran teenager was too busy building his own hotel empire this week to worry much about that.

Vermont Avenue and Connecticut Avenue were his. Now he was looking to move up-market.

The mini-Monopoly board on the dusty floor of the migrant shelter was small, but it fit well in the small space beside the tents. His older sister, Carolina, rolled a 2 and landed on Oriental Avenue.

“That’ll be $500,” said Garcia, 15, gleefully extending his hand. “I love this game!”

Garcia is coming to America on Sunday. Or maybe not. His mother, Orfa Marin, 33, isn’t sure it will be a good day to walk up to the border crossing and tell a U.S. officer that her family needs asylum. She knows President Trump wants to stop them.

Marin and her three children are among the 300 or so remaining members of the migrant caravan who have arrived here at the end of a month-long geographic and political odyssey, a trip that has piqued Trump’s Twitter anger and opened new cracks in U.S.-Mexico relations.

Central American migrant children play Monopoly at the Movimiento Juventud 2000 shelter on April 26, 2018 in Tijuana, Mexico. (Carolyn Van Houten/The Washington Post)

The organizers of the caravan say they are planning to hold a rally Sunday at Friendship Park, the international park where a 15-foot border fence splits the beach. From there, activists and attorneys plan to lead a group of the migrants to the U.S. port of entry at San Ysidro, Calif., where they will approach U.S. Customs and Border Protection officers and formally request asylum.

. . . .

Trump has ordered U.S. soldiers to deploy and Homeland Security officials to block the migrants. But the diminished version of the caravan that has arrived here, mostly women and children, has only underscored its meekness.

Migrant families arrive on a bus at the Ejercito de Salvacion shelter on April 26, 2018 in Tijuana, Mexico after driving from Mexicali, Mexico. (Carolyn Van Houten/The Washington Post)

The families are drained after weeks of travel, coughing children and pinto beans. They have crowded here into shelters in the city’s squalid north end, where the sidewalks are smeared with dog droppings and skimpily dressed women hand out drink promotions among the strip clubs and brothels. The tall American border fence is two blocks away.

Children play on the sidewalks outside the shelters, the boredom broken whenever a car with donations arrives to drop off clothes and toys.

Central Americans migrants in Mexico have long been treated as a kind of renewable natural resource, ripe for exploitation by thieves, predators and politicians. The geopolitical importance attached to this particular group was a sign to many here that the U.S. president had recognized an opportunity, too.

“We’re not terrorists or bad people,” Marin said.

Regardless of its size, Trump officials have measured this caravan in symbolic terms, as an egregious example of the “loophole” they want to shut and an immigration system whose generosity is being abused, they say, by hundreds of thousands of Central Americas trying to dupe it.

. . . .

“These people have no option but to seek refuge in another country, and they have every right to seek asylum, they have decided to face the consequences and to be strong in demanding what is their right,” said Leonard Olsen, 26, a law student and one of several caravan organizers from the United States. He wore a tattered Philadelphia Eagles cap and arrived in Tijuana on Thursday with a busload of women and children.

. . . .

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

I can understand why guys like Trump, Sessions, Nielsen, and Homan would be scared by mothers with talented kids who show the kind of courage, honesty, humanity, and respect for law that they themselves so conspicuously lack.

Without 5th Amendment protections, who would join the Trump Administration?

PWS

04-28-18

CRUEL & UNUSUAL PUNISHMENT: DHS KAKISTOCRACY WANTS TO TARGET FAMILIES WITH CHILDREN FOR SEPARATION AND CRIMINAL PROSECUTION OF PARENTS AS PART OF WAR ON HUMANITY AT OUR SOUTHERN BORDER – Every American Will Bear The Stain Of Our Government’s Actions!

https://www.washingtonpost.com/local/immigration/top-homeland-security-officials-urge-criminal-prosecution-of-parents-who-cross-border-with-children/2018/04/26/a0bdcee0-4964-11e8-8b5a-3b1697adcc2a_story.html

Maria Sacchetti reports for WashPost:

The nation’s top immigration and border officials are urging Homeland Security Secretary Kirstjen Nielsen to detain and prosecute all parents caught crossing the Mexican border illegally with their children, a stark change in policy that would result in the separation of families that until now have mostly been kept together.

If approved, the zero-tolerance measure could split up thousands of families, although officials say they would not prosecute those who turn themselves in at legal ports of entry and claim asylum. More than 20,000 of the 30,000 migrants who sought asylum during the first quarter — the period from October-December — of the current fiscal year crossed the border illegally.

In a memorandum that outlines the proposal and was obtained by The Washington Post, officials say that threatening adults with criminal charges and prison time would be the “most effective” way to reverse the steadily rising number of attempted crossings. Most parents now caught crossing the border illegally with their children are quickly released to await civil deportation hearings.

The memo sent to Nielsen on Monday — and signed by acting Director of Immigration and Customs Enforcement Thomas Homan, Director of Citizenship and Immigration Services L. Francis Cissna and Customs and Border Protection Commissioner Kevin K. McAleenan — said attempted crossings by parents with children increased to nearly 700 a day last week, the highest level since 2016. The officials predicted that the number will continue to rise if Nielsen does not act.

Lee Gelernt, an attorney with the American Civil Liberties Union who has filed a federal lawsuit in California over earlier instances of family separations at the border, said the proposal would make “children as young as 2 and 3 years old pawns in a cruel public policy experiment.”

. . . .

Philip G. Schrag, a Georgetown law professor and asylum expert, said that expanding the forced separation of parents and children could cause severe psychological harm to families that ultimately might have legal grounds under federal asylum law to remain in the United States permanently.

“I think it’s absolutely wrenching psychologically and terrible for both the children and the parents,” he said. “What are we doing to those children psychologically that will haunt us years down the road if they become Americans?”

Federal officials say asylum applications have skyrocketed in recent years, raising concerns about fraud. Advocates for immigrants say those seeking asylum have legitimate claims under federal law and are fleeing some of the world’s most dangerous countries.

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

Read Maria’s complete article at the link.

I associate myself completely with the remarks of my good friend and Georgetown Law colleague Professor Phil Schrag. Cruelty to children is stupid, counterproductive — children are our future — and morally wrong. It will definitely haunt us as a country for generations to come. It’s largely what I said before about the misguided policies of the Obama Administration. But, as with many things, the Trump Administration takes every dumb and wrong immigration policy of the past and multiplies it.

PWS

04-27-18

JUSTICE ON ICE – SESSIONS DOJ’S “AMNESTY FOR WHITE COLLAR CRIMINALS” — BEATING UP UNDOCUMENTED MIGRANTS IN CRIMINAL COURT WHILE DOING A LOUSY JOB ON REAL CRIME – “NUMBERS GAME” CONCEALS WASTE, FRAUD AND ABUSE OF TAXPAYER DOLLARS @ DOJ — “If you’re working on a misdemeanor illegal entry case, as a matter of fact, you are not working on something more serious,” Purdon, who left office in 2015, told HuffPost. “It is a net drain on the scarce resources of U.S. attorneys. Full stop.”

https://www.huffingtonpost.com/entry/jeff-sessions-wants-to-make-the-justice-department-more-like-ice_us_5ae0f3d3e4b02baed1b60aff

Roque Planas reports for HuffPost:

When Tim Purdon became U.S. attorney for North Da kota in 2010, he had a priority: improving public safety on the state’s four Indian reservations. Prosecuting violent crimes on Indian reservations falls to the Justice Department, and Purdon himself had worked similar cases as a public defender before taking on the U.S. attorney job.

But when Purdon took office, he found that more than a third of his criminal caseload consisted of immigration prosecutions, even though North Dakota lies more than 1,000 miles from the border with Mexico. Despite the state’s proximity to Canada, the defendants were by and large Latin Americans who’d been caught in the U.S. after getting deported. The cases were easy to win. All prosecutors needed was to present paperwork proving the prior deportation. But the cases sapped time away from Purdon’s prosecutors, whom he’d have rather tasked with crimes on the reservations or white-collar cases.

That all happened under the Obama administration. But President Donald Trump has doubled down on immigration prosecutions, seeing it as a way to draft the Justice Department into his immigration crackdown. Earlier this month, Attorney General Jeff Sessions announced what he called a “zero tolerance” policy on immigration crime, directing all U.S. attorneys in the four Southwestern border states to prosecute every misdemeanor illegal border-crossing case “to the extent practicable.”

Purdon was livid.

“If you’re working on a misdemeanor illegal entry case, as a matter of fact, you are not working on something more serious,” Purdon, who left office in 2015, told HuffPost. “It is a net drain on the scarce resources of U.S. attorneys. Full stop.”

Despite Trump’s insistence that the border is in “crisis,” illegal entries from Mexico have hit their lowest level since 1971. But illegal entry prosecutions are still taking up half of the federal criminal courts’ workload. If Sessions gets his way, that percentage will continue to increase: Every U.S. attorney in the country will be doing more of the same work that Purdon complained about, and the five U.S. attorneys whose districts touch the southwest border will take on increasingly petty cases to keep the numbers up.

“We want to achieve this zero tolerance across the border and we are redirecting resources,” Sessions told a House Appropriations subcommittee on Thursday.

. . . .

“Isn’t the reality of the situation that the Justice Department is ICE?” Erendira Castillo, an attorney who has represented defendants facing immigration prosecutions for two decades in Tucson, told HuffPost. “Let’s call a spade a spade.”

. . . .

Doubling down on such small potatoes cases might make sense if the Justice Department did an effective job confronting more serious crimes. But its track record on more complex investigations doesn’t always inspire confidence.

Some 9 million Americans lost their homes in the aftermath of the 2007 housing and financial crisis. Despite widespread allegations that fraudulent and predatory behavior on the part of banks and peddlers of predatory mortgages drove that crisis, the Justice Department secured a conviction in only one major case against an investment banker.

That institutional failure wasn’t a fluke — it’s also a reflection of the Justice Department’s priorities. As the number of immigration prosecutions grew by a factor of 11 over the last two decades, the number of prosecutions for white-collar crime in federal court plummeted by 41 percent, according to data compiled by the Transactional Records Access Clearinghouse at Syracuse University. The steady decline continued in 2017, Sessions’ first year as attorney general.

“DOJ’s real amnesty policy,” said Matt Stoller, a fellow with anti-monopolization nonprofit Open Markets Institute, “was for white-collar executives.”

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

Read the complete article at the link.

Yes, DOJ under Sessions very clearly has become ICE, or more accurately DHS. That makes it a totally inappropriate place for the supposedly impartial U.S. Immigration Courts.

As the article points out, this trend stretches back over a number of Administrations of both parties. Certainly, the Obama DOJ misused EOIR as part of its futile “Border Surge Enforcement Strategy” setting off a flurry of “Aimless Docket Reshuffling” (“ADR”) that if not the immediate cause of the unmanageable backlogs certainly was a primary contributor and aggravator of the problem. DOJ simply doesn’t belong in the Immigration Court business — in all honesty, it probably never has.

Assuming America survives the disastrous Trump Kakistocracy — by no means a gimme — I trust that some investigative reporter will write the definitive “inside story” of “Sessions’s Justice.” I think this is just the “tip of the iceberg” of the abuses of our Constitution, laws, and taxpayer dollars — fraud, in plain terms — being orchestrated by our unqualified Attorney General in the name of advancing his immoral, and in many cases illegal, White Nationalist Agenda.

No, Sessions doesn’t appear to be “corrupt” in the classic grifter “Scott Pruitt/Donald Trump” sense — no limos, accepting favors from lobbyists, or soundproof offices that I know about. But, government corruption takes many forms, and subverting the law and public resources to implement an extra-legal, unconstitutional White Nationalist Agenda that subverts both Due Process and Equal Protection, all at taxpayer expense (after all, Hispanics, Blacks, migrants, gays, etc. are taxpayers too) is one of the most insidious forms of corruption.

I just hope to live long enough to read it!

PWS

04-27-18

TRUMP ADMINISTRATION’S EXISTENTIAL THREAT TO NATIONAL SECURITY: Bogus Focus On Harmless Migrants Exercising Legal Rights To Apply For Asylum While Defunding State & Local Response Programs & Ignoring Real Security Threats!

Lawmakers question Trump’s Homeland Security chief over focus on immigrant caravan, border wall

By: Tal Kopan, CNN

The secretary of homeland security faced sharp questioning about agency priorities from lawmakers on both sides of the aisle at a House Homeland Security Committee hearing Thursday, with many expressing deep concerns about whether the Trump administration is properly promoting Americans’ safety.

Democrats in particular questioned Kirstjen Nielsen about the administration’s prioritization of immigration enforcement and the building of a border wall while also seeking to cut funding for state and local governments to prepare for and respond to security threats.

“Tell us how cutting this kind of funding helps America be safer,” demanded Rep. Bill Keating, D-Massachusetts.

The top Democrat on the committee, Mississippi Rep. Bennie Thompson, had sharp words for Nielsen in his opening remarks, accusing the department of intentionally attacking non-dangerous immigrants as a distraction.

“Based on your press releases this week, you would think the most important homeland security problem facing the nation is a handful of Central Americans moving through Mexico,” Thompson said, referring to a caravan of mostly women and children asylum seekers that takes place every year to call attention to the plight of Central Americans. “That does not make it so. … Better to distract the American people from the very real issues facing the department and perhaps from the President’s own problems too.”

In one particularly sharp exchange, Florida Democratic Rep. Val Demings, a former chief of police in Orlando, pressed Nielsen on whether she prioritized the wall and immigration over helping local communities.

More: http://www.cnn.com/2018/04/26/politics/caravan-border-wall-kirstjen-nielsen-hearing/index.html

More: http://www.cnn.com/2018/04/26/politics/caravan-border-wall-kirstjen-nielsen-hearing/index.html

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

As I’ve said before, Nielsen is an intellectual lightweight, sycophant, and White Nationalist enabler. She proves it almost every time she opens her mouth in public. Her disingenuousness and toadyism make her a threat to our security every day she is in office.

Fortunately, there appear to still be enough professional civil servants in the ranks of DHS somewhere to have averted a national security disaster to date. But, if we survive this Administration, and it’s toxic focus on immigration to the exclusion of real law enforcement and national security problems, it certainly will be in spite of, not because of, folks like Nielsen.

PWS

04-27-18

MICHAEL GERSON @ WASHPOST: ICE IS GETTING DOWN IN THE GUTTER WITH TRUMP – Why Would We Tolerate Either A President Or A USG Agency Who Glories In & Gloats About “Mean & Nasty” Treatment Of Other Human Beings? — By Accepting Trump’s & ICE’s Inappropriate Conduct, We Diminish Ourselves As A Nation & As Human Beings!

https://www.washingtonpost.com/opinions/ice-has-become-trumps-personal-bullying-squad/2018/04/23/5197541e-472d-11e8-8b5a-3b1697adcc2a_story.html?utm_term=.692cc352c144

Gerson writes:

The attitude of President Trump toward federal law enforcement is, to put it mildly, mixed. The FBI refused to bend to his will. So the special counsel team is composed of “hardened Democrats” engaged in a “WITCH HUNT.” The FBI was, according to Trump, too preoccupied with the Russia investigation to prevent the Parkland, Fla., school shooting. The agency’s reputation “is in Tatters — worst in History!”

But Immigration and Customs Enforcement has passed the loyalty test. ICE’s enforcement surge “is merely the keeping of my campaign promise,” the president tweeted. Referring to ICE acting director Thomas Homan, Trump said, “Somebody said the other day, they saw him on television. . . . ‘He looks very nasty, he looks very mean.’ I said, ‘That’s what I’m looking for!’ ”

This is territory more familiar in political systems of personal rule. The agency that defies the ruler must be discredited. The agency that does his bidding is viewed as a kind of Praetorian Guard.

Most of the professionals working in ICE would surely deny this characterization, pointing to an important legal role independent from any individual president. But they need to understand that their work is now being conflated with Trump’s nativism.

ICE’s 40 percent increase in arrests within the United States after Trump took office is now closely associated with the president’s political priorities. His sweeping executive orders on immigration broadened the focus of enforcement beyond serious threats to public order. Arrests of immigrants without criminal convictions have spiked. Routine “check-ins” with ICE officials can end with handcuffs and deportation. “Sanctuary cities” — a recurring presidential political obsession — are being targeted with additional personnel. Hundreds of children have been removed from parents seeking asylum and detained separately — compounding their terrible ordeal of persecution and flight. ICE recently announced a new policy that makes it easier to detain pregnant women. Asylum seekers have often been denied “humanitarian parole” while their cases are decided, effectively jailing them without due process.

Officials of the agency insist that their nonpolitical mandate hasn’t changed. But Homan has praised the Trump administration for taking “the handcuffs off law enforcement.” Whatever their intention, ICE agents are being used by the president to send a message of callousness. And they are tying themselves to Trump’s political fortunes in the process.

The job performed by ICE is essential to American security, and not easy. Agents must prevent some truly dangerous people from entering and staying in the country — gang members, drug dealers and terrorists. But it is also their job to deal with asylum seekers — men, women and children fleeing from gangs, targeted for death by drug cartels and oppressed by terrorist states. Some of the worst people in the world, and some of the most sympathetic people in the world, are processed by immigration officials. It takes care and discernment to make this distinction.

ICE is not an agency famous for its care and discernment. In releasing an immigration activist detained by ICE early this year, U.S. District Judge Katherine B. Forrest said, “It ought not to be — and it has never before been — that those who have lived without incident in this country for years are subjected to treatment we associate with regimes we revile as unjust. . . . We are not that country.”

Accusations of abuse in ICE custody are numerous and serious, and they preexisted the Trump era. An investigation by ProPublica and the Philadelphia Inquirer reported cases of racial profiling, fabricated evidence and warrantless searches — all given little scrutiny by overwhelmed immigration courts. During the past few years, there have been hundreds of accusations of sexual abuse, racial slurs, abusive strip searches and verbal harassment in ICE jails, prisons and detention centers. For an institution that claims “zero tolerance” for such practices, it seems to get a lot of serious complaints. One asylum seeker, Gretta Soto Moreno, has called the facilities worse than normal prisons because ICE “feels like it can treat immigrants any kind of way.”

This is the bitter fruit of dehumanization — in a facility, in a system, in a country. It is unclear whether Trump would even regard such a reputation as undesirable. He has effectively given permission for bullying.

This is an issue ripe for more rigorous congressional oversight — even an independent commission to investigate charges of physical and sexual abuse in the ICE system. But this would require a critical mass of elected Republicans to give a damn about the rights and dignity of migrants. It is a distant dream.

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

Dehumanization of migrants, who are among the most human of all among us, is certainly one of the most insidious aspects of the Trump/Sessions/Nielsen,/Homan regime. When we allow individuals like these who have both forgotten their proper roles in a democratic republic and arrogantly checked their humanity at the door, we essentially dehumanize ourselves.

Not surprisingly, migrants grow in moral stature as we shrink, individually and collectively. And the restrictionist (occasionally, as in the case of folks like Rep Steve King (R-IA) “neo-Nazi”) wing of the GOP is certainly a prime enabler of this reprehensible conduct. As even some GOP commentators have noted, there is a disturbing “empathy and humanity gap” evident when GOP politicos speak in dismissive and derogatory terms about migrants.

Only time will tell how soon we will be able to remove these unworthy public officials from the positions they now hold and replace them with responsible public servants who treat others with dignity, respect, humanity, and reasonableness. But, the speed and decisiveness with which we act will say much about America’s future prospects as a nation.

PWS

04-25-18

DACA: SCOFFLAWS TRUMP & SESSIONS OUTED AGAIN — USD Judge John Bates (DC) Finds Administration’s Rationale For Terminating DACA Was Bogus – But, Gives Trumpsters 90 Days To Explain Before Restarting Program! – NAACP v. Trump!

NAACP v. Trump, U.S.D.C., D.D.C., 04-24-18 (Judge John D. Bates)

Read Judge Bates’s 60 page decision invalidating the Trump Administration’s decision to “rescind” DACA and ordering the restart of the program, but delaying the order for 90 days to give the Administration a chance to come up with a legal rationale for recision:

JugeBatesDACA

Key Quote From Judge Bates:

Executive Branch officials possess relatively unconstrained authority to enforce the law against certain violators but not others. Ordinarily, the exercise of that authority is subject to review not in a court of law, but rather in the court of public opinion: members of the public know how their elected officials have used their enforcement powers, and they can hold those officials accountable by speaking out, by petitioning their representatives, or ultimately at the ballot box. When an official claims that the law requires her to exercise her enforcement authority in a certain way, however, she excuses herself from this accountability. Moreover, if her view of the law is incorrect, she may needlessly forego the opportunity to implement appropriate enforcement priorities and also to demonstrate those priorities to the public.

Fortunately, neither Supreme Court nor D.C. Circuit precedent compels such a result. Rather, the cases are clear that courts have the authority to review an agency’s interpretation of the law if it is relied on to justify an enforcement policy, even when that interpretation concerns the lawful scope of the agency’s enforcement discretion. See Chaney, 470 U.S. at 832–33; OSG, 132 F.3d at 812; Crowley, 37 F.3d at 676–77. Under this rule, an official cannot claim that the law ties her hands while at the same time denying the courts’ power to unbind her. She may escape political accountability or judicial review, but not both.

Here, the Department’s decision to rescind DACA was predicated primarily on its legal judgment that the program was unlawful. That legal judgment was virtually unexplained, however, and so it cannot support the agency’s decision. And although the government suggests that DACA’s rescission was also predicated on the Department’s assessment of litigation risk, this consideration is insufficiently distinct from the agency’s legal judgment to alter the reviewability analysis. It was also arbitrary and capricious in its own right, and thus likewise cannot support the agency’s action. For these reasons, DACA’s rescission was unlawful and must be set aside.

For the reasons given above, then, the Court will vacate the Department’s September 5, 2017 decision to rescind the DACA program. The Court will stay its order of vacatur for 90 days, however, to afford DHS an opportunity to better explain its view that DACA is unlawful. The Court will also deny the government’s motion to dismiss for lack of subject-matter jurisdiction, its motion to dismiss plaintiffs’ APA claims on reviewability grounds, and its motion to dismiss plaintiffs’ substantive APA claim; grant the government’s motion to dismiss plaintiffs’ procedural APA claim, the NAACP plaintiffs’ RFA claim, and plaintiffs’ information-sharing claim; and defer ruling on the government’s motion to dismiss plaintiffs’ remaining constitutional claims.

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

So, who “won” under Judge Bate’s order? The plaintiffs won a smashing victory on all the significant legal issues. And, Judge Bates appears prepared to not only halt the termination of DACA for those already approved under the program, as other courts have done, but also to order the DHS to resume accepting new applications for those who meet the DACA criteria.

On the flip side, nothing happens for the next 90 days while the DHS searches for a rationale for terminating DACA. I think that’s going to be hard to develop. But, you never know.

This case follows a disturbingly familiar pattern. Trump, Sessions, & Co. institute actions against immigrants based on bias, racism, xenophobia, and campaign promises. They are promptly rejected by the courts as illegal.

Then, the Administration goes “to the drawing board” (they never seriously considered the law in the first place) in an attempt to come up with a legal rationale (usually a fairly obvious pretext) for their original actions.

That’s why it’s so infuriating to hear an intellectually dishonest scofflaw like Jeff Sessions constantly pontificating about a “rule of law” that actually represents only his own distorted and biased view of the law — likely drawn up for him by one of the restrictionist or White Nationalist groups he likes to hang around with.

Of course, even if Judge Bates eventually rules against the Administration, there no doubt will be an appeal to the DC Circuit. But, without a further stay pending appeal (which seems unlikely given the Supreme Court’s declination to give one in other DACA litigation) DACA would be restarted while the case is working its way through the lower courts, perhaps to the Supremes.

The Administration could easily have avoided this mess by agreeing to a “clean” DACA bill. They likely could even have gotten some “Wall” funding and other enforcement enhancements (short of more unneeded agents or more inhumane and unnecessary detention) thrown in with the deal. But, Trump blew the chance.

So now the fate of DACA is likely to be tied up in the Federal Courts for the indefinite future.

PWS

04-24-18

ROBERT BARNES @ WASHPOST: “Trump v. State of Hawaii” Is Actually “Trump v. Trump” — The President’s Constant Barrage Of Un-Presidential Behavior Has Always Been The Real Issue — Will Court Impose Limits Or Wash Its Hands & Let Voters Deal With A President Who Undermines Our Republic? — Most Observers Expect Supremes’ Majority To Punt On Trump’s Biased Agenda!

https://www.washingtonpost.com/politics/courts_law/in-travel-ban-case-supreme-court-considers-the-president-vs-this-president/2018/04/22/f33f1edc-44cb-11e8-8569-26fda6b404c7_story.html?utm_term=.223d08cb0950

Robert Barnes reports for WashPost:

The Supreme Court’s final oral argument of the term will be one of its most important and potentially far-reaching, an examination of the president’s authority to protect the country by banning some foreigners who seek entry.

But, similar to a debate that has consumed Washington for the past 15 months, a major issue for the court is separating “the president” from “this president.”

The justices on Wednesday will consider President Trump’s third iteration of a travel ban that bars most nationals from a small group of mostly Muslim nations. It is the first time the court has considered the merits of a policy that has consumed the administration since its start, and raises deep questions about the judiciary’s role in national security issues usually left to the political branches.

The first version of the ban was issued just a week after Trump took office, and lower courts have found that it and each reformulated version since exceeded the authority granted by Congress and was motivated by Trump’s prejudice — animus, as courts like to say — toward Muslims.

The state of Hawaii, which is leading the challenge of the ban, told the Supreme Court:

“For over a year, the president campaigned on the pledge, never retracted, that he would ban Muslims from entering the United States.

“And upon taking office, the president issued and reissued, and reissued again, a sweeping and unilateral order that purports to bar over 150 million aliens — the vast majority of them Muslim — from entering the United States.”

Hawaii’s brief, by Washington lawyer Neal K. Katyal, cites not only Trump’s campaign comments, but also his actions as president, including the time he retweeted “three anti-Muslim propaganda videos” from a widely condemned far-right British organization.

This led to a response by the solicitor general of the United States to the justices of the Supreme Court that could have been written only in this era, about this chief executive:

“The president’s retweets do not address the meaning of the proclamation at all.”

Solicitor General Noel J. Francisco urged the court not to get distracted by the president’s bluster — he has said nice things about Muslims, too, the brief states — and to keep its examination on the law.

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

Read Barnes’s full article at the link.

Trump has never shown any actual justification for the “bogus ban.” But, the standard of “facially bona fide and legitimate” is very permissive. As usual, from a legal standpoint, Trump would have done better to have kept his big mouth shut!

PWS

04-24-18

PRO PUBLICA: HOW OUR GOVERNMENT HAS CYNICALLY TURNED WHAT SHOULD BE A GENEROUSLY ADMINISTERED, LIFE-SAVING, PROTECTION-GRANTING ASYLUM SYSTEM INTO A “GAME OF CHANCE” WITH POTENTIALLY FATAL CONSEQUENCES FOR THE HAPLESS & VULNERABLE “PLAYERS!” –Play The “Interactive Version” Of “The Game” Here – See If You Would Survive or Perish Playing “Refugee Roulette!”

https://projects.propublica.org/asylum/#how-asylum-works

Years-long wait lists, bewildering legal arguments, an extended stay in detention — you can experience it all in the Waiting Game, a newsgame that simulates the experience of trying to seek asylum in the United States. The game was created by ProPublica, Playmatics and WNYC. Based on the true stories of real asylum-seekers, this interactive portal allows users to follow in the footsteps of five people fleeing persecution and trying to take refuge in America.

The process can be exhausting and feel arbitrary – and as you’ll find in the game, it involves a lot of waiting. Once asylum-seekers reach America, they must condense complex and often traumatic stories into short, digestible narratives they will tell again and again. Their lives often depend on their ability to convince a judge that they are in danger. Judicial decisions are so inconsistent across the country, success in complicated cases can come down to geography and luck — in New York City only 17 percent of asylum cases are denied in immigration court; in Atlanta, 94 percent are. Increasingly, many asylum-seekers are held in detention for months or even years while going through the system. The immigration detention system costs more than $2 billion per year to maintain.

The Trump administration has tried to reframe the asylum system as a national security threat and a magnet for illegal immigration. Attorney General Jeff Sessions characterizes the American asylum process as “subject to rampant abuse” and “overloaded with fake claims.” He has aimed recent reforms at expediting asylum adjudications to speed up deportations and at making it more difficult for certain groups to qualify for protection, such as Central Americans who claim to fear gender-based violence or gang persecution.

The narrative that the system is overrun with fraud has long been pushed by groups that favor limiting immigration overall. They point to some 37 percent of asylum-seekers who annually miss their immigration hearings as evidence that people without legitimate fears of persecution game the system. They argue that allowing asylum-seekers to obtain work permits while they wait for a decision on their cases — which sometimes takes years — incentivizes baseless claims.

But another picture emerged when ProPublica spoke with more than 20 experts and stakeholders who study and work in the asylum system, including lawyers, immigration judges, historians, policy experts, an asylum officer, a former border patrol agent and a former ICE prosecutor.

When asked about changes to the system they’d like to see, many suggested providing asylum-seekers with better access to lawyers to support due process, expanding the definition of a refugee to cover modern-day conflicts,providing more resources to help the system process claims in a timely manner, and improving judicial independence by moving immigration courts out of the Department of Justice.

Most acknowledged some level of asylum-claim abuse exists. “In any system, of course, there are going to be some bad actors and some weaknesses people seek to exploit,” said Doris Meissner, the former commissioner of the U.S. Immigration and Naturalization Service from 1993 to 2000.

But they also argued for the importance of protecting and improving a national program that has provided refuge to hundreds of thousands of people. “If you are going to make a mistake in the immigration area, make this mistake,” said Bill Hing, director of the University of San Francisco’s Immigration and Deportation Defense Clinic. “Protect people that may not need protecting, but don’t make the mistake of not protecting people who need it.”

Victor Manjarrez, a former border patrol agent from the 1980s until 2011, said he had seen human smuggling networks exploit the border over the years, but also many people who genuinely needed help.

“We have a system that’s not perfect, but is designed to take refugees. That is the beauty of it,” he said. “It has a lot of issues, but we have something in place that is designed to be compassionate. And that’s why we have such a big political debate about this.”

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

Read the narrative and play the interactive “Waiting Game” at the above link!

Getting refuge often depends on getting the right:

Border Patrol Agent an Asylum Officer to even get into the system;
Lawyer;
Local Immigration Court;
Immigration Judge;
DHS Assistant Chief Counsel;
BIA Panel;
U.S. Court of Appeals jurisdiction;
U.S. Court of Appeals Panel;
Luck.

If something goes wrong anywhere along this line, your case could “go South,” even if it’s very meritorious.

I also agree with Professor Hing that given the UNHCR guidance that asylum applicants ought to be given “the benefit of the doubt,” the generous standard for asylum established by the Supremes in INS v. Cardoza-Fonseca and implemented by the BIA in Matter of Mogharrabi, and the often irreversible nature of wrongful removals to persecution, the system should be designed to “error on the side of the applicant.”

Indeed, one of the things that DHS in my experience does well is detecting and prosecuting systemic asylum fraud. While a few individuals probably do get away with tricking the system, most “professional fraudsters” and their clients eventually are caught and brought to justice, most often in criminal court. Most of these are discovered not by “tough laws” or what happens in Immigration Court, but by more normal criminal investigative techniques: undercover agents, tips from informants, and “disgruntled employees or clients” who “blow the whistle” in return for more lenient treatment for themselves.

Hope YOU get protected, not rejected!

PWS

04-23-18

SESSIONS’S ATTACK ON DUE PROCESS IN THE CRUMBLING U.S. IMMIGRATON COURT SYSTEM FRONT PAGE NEWS IN LA TIMES — Joseph Tanfani’s Article Makes Page One Headlines As Session’s Outrageous Actions Deepen, Aggravate Court Crisis!

I had already posted the online version of Joseph’s article, which quoted me, among other sources: http://immigrationcourtside.com/2018/04/07/joseph-tanfani-la-times-more-critical-reaction-to-sessionss-immigration-court-quotas-if-youve-got-a-system-that-is-producing-defective-cars-making-the-system-run-fas/

Today, it’s on the front page of the “hard copy” edition of the LA Times where it belongs.

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=99ce5eb1-0b1e-4e1a-9afd-5bf75d1

Thanks to great reporting from Joseph and others like him, Session’s outrageous war on the rights of the most vulnerable among us and his evil plan to destroy Due Process in the United States Immigration Courts is getting the nationwide attention it deserves. Whether the Immigration Courts will be saved and Sessions held accountable for his abusive behavior and mocking of our Constitution and the rule of law remains to be seen. But, it’s critically important to publicly record his invidious motivations and the corrupt misuse of Government authority that’s really going on here.

PWS

04-18-18

TAL @ CNN: Documents Obtained Under FOIA Lend Support To Widely Held View That Trump Administration’s Decision To End Haitian TPS Driven By Bias Not Facts!

DHS decision to end Haitian immigrant protections questioned

By: Tal Kopan, CNN

Newly released internal documents are raising questions about the Trump administration’s decision to end protections for tens of thousands of Haitian immigrants — and whether the argument that the protections were no longer merited was valid.

Under President Donald Trump, the Department of Homeland Security has been aggressive in ending a number of temporary protected status designations that have been on the books, in some cases, for decades.

Roughly 300,000 people who have lived in the US with legal permission, most of whom have been here for upward of 15-20 years, could have their status pulled in the coming months as the protections expire. In the case of Haiti, nearly 60,000 immigrants are set to see their status expire next year.

The justification from the administration for ending the protections has been that by law, when the conditions from the original disaster that triggered the protections have improved, they must expire. DHS has been clear that it does not believe it can look at the totality of conditions in the country to factor in its decision making.

But the documents released Tuesday as part of a Freedom of Information Act lawsuit raise questions about whether DHS was accurately interpreting information in drawing those conclusions.

The documents suggest DHS contradicted its own staff assessment of Haiti when it opted to end TPS for the country, which was put in place after the devastating 2010 earthquake. The documents also include email correspondence showing Haiti’s deep concern about ending TPS for the country.

While many of the documents are redacted, the release includes a report prepared by staff about the conditions in Haiti, which was included as part of a recommendation by the director of US Citizenship and Immigration Services.

More: http://www.cnn.com/2018/04/17/politics/haiti-tps-documents-questions/index.html

And SCOTUS coverage here:http://www.cnn.com/2018/04/17/politics/supreme-court-federal-law-deportation-immigrants/index.html

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

It’s no surprise that Trump Administration immigration policies are based on racial animus and White Nationalism and that they often fly in the face of known conditions in foreign countries. That’s what bias and congenital dishonesty are all about.

Haitian immigrants, who have made great contributions to the United States, have been singled out for poor treatment by past Administrations of both parties. But, they have persevered in the face of adversity both at home and abroad.

Not sure what the remedy would be here even if bias could be proved. The legislation creating TPS status makes country designations or non-designations matters committed to Executive discretion without any judicial review.

So the remedy is probably the same as for most of the Trump Administration’s unlawful and immoral acts: removal of the Administration and its GOP enablers at the ballot box. Even if that eventually happens, it’s not clear whether it will be soon enough to save Haitians in TPS status.

On the other hand, since most of the Haitians in TPS status would be entitled to full hearings before the Immigration Courts, they probably won’t be ordered out of the country any time soon. But, in some cases they could lose their authorization to work.

PWS

04-18-18

HELL ON ICE IN PA – OUT OF CONTROL ICEMEN SPREAD CORRUPTION, LAWLESSNESS, CRUELTY WITHOUT CONTROL OR ACCOUNTABILITY — So, Why Is This Surprising In Trump’s White Nationalist Empire? – Check Out This Explosive Pro Publica Series By Investigative Reporters Deborah Sontag & Dale Russakoff!

Here are links to the complete series:

NO SANCTUARY

The Unshackling of ICE

The Trump administration has unshackled ICE, making all undocumented immigrants fair game for deportation — even those with no criminal records, who have sunk roots into their communities. Nowhere has this new era of enforcement been more ruthless than in Pennsylvania. This is a collaboration with the Philadelphia Inquirer.

Who Polices the Immigration Police?

Claims of unjust arrests by ICE agents and cops often disappear into an overwhelmed immigration court system.

by Deborah Sontag and Dale Russakoff for ProPublica

April 16, 5 a.m. EDT

In Pennsylvania, It’s Open Season on Undocumented Immigrants

ICE’s Philadelphia office is fanning out into communities across its three-state region and making more “at-large” arrests of immigrants without criminal convictions than anywhere else in America.

by Deborah Sontag and Dale Russakoff for ProPublica

April 12, 4:59 a.m. EDT

For Cops Who Want to Help ICE Crack Down on Illegal Immigration, Pennsylvania Is a Free-for-All

Without guidelines or oversight, some officers are using traffic stops to question Hispanics and turn over undocumented immigrants to ICE.

by Dale Russakoff and Deborah Sontag for ProPublica

April 12, 4:59 a.m. EDT

From Border-Crosser to Felon

The Trump administration encouraged prosecutors to seek felony charges against those who re-enter the U.S. after being deported. In the case of this Bucks County gardener, government employees felt halfhearted about turning an immigrant into a criminal.

by Deborah Sontag

April 12, 4:58 a.m. EDT

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

Powerful support for my oft stated position that under no circumstances should Congress authorize any additional unneeded enforcement agents for DHS without a complete accounting for what is being done with the current positions and without requiring evidence of real changes in training, policy, and supervision to eliminate the types of abuses described in these articles. Otherwise, we’ll be handing the Trump Administration an unrestrained, untrained, out of control “internal police force.” I can’t think of anything much worse for individual rights under our Constitution. It’s also making the argument for the complete abolition of ICE in its current structure look more and more reasonable.

PWS

04-18-18

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Claims of unjust arrests by ICE agents and cops often disappear into an overwhelmed immigration court system.

ICE’s Philadelphia office is fanning out into communities across its three-state region and making more “at-large” arrests of immigrants without criminal convictions than anywhere else in America.

Without guidelines or oversight, some officers are using traffic stops to question Hispanics and turn over undocumented immigrants to ICE.

The Trump administration encouraged prosecutors to seek felony charges against those who re-enter the U.S. after being deported. In the case of this Bucks County gardener, government employees felt halfhearted about turning an immigrant into a criminal.

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