TOO LITTLE TOO LATE FROM EOIR? — In Apparent Response To NAIJ, NGOs, and Dems in Congress, EOIR Closes Seattle & Suspends Master Calendar In 8 Locations — Why Not Just Do What The CDC Recommends & “Go Big?” 

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

From ImmigrationProf Blog:

https://lawprofessors.typepad.com/immigration/2020/03/immigration-court-hearings-delayed-one-court-shut.html

Saturday, March 14, 2020

Immigration court hearings delayed, one court shut

By Immigration Prof

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AP exclusive:

WASHINGTON — Seattle’s immigration court will close down as the nation continues to grapple with managing the coronavirus pandemic, and several other large immigration courts will postpone certain hearings for immigrants who are not detained that often involve large groups.

The court in Seattle was temporarily shut down earlier this week over a report of a second-hand exposure to the virus and will remain shut until April 10. Seattle is among the areas hardest hit so far, with a cluster of deaths and dozens sickened. The number of cases in the U.S. was put at around 1,700 Friday, with about 50 deaths. But by some estimates, at least 14,000 people might be infected.

According to a statement obtained by The Associated Press from the Executive Office for Immigration Review, which manages the immigration court system, other courts will remain open where the virus has struck, including Boston, Los Angeles, New York City, San Francisco, Newark, New Jersey, and Sacramento, California. But “master calendar” dates for those who are not detained will be postponed. Those hearings can include dozens of people in a single courtroom.

“The agency continues to evaluate the dynamic situation nationwide and will make decisions for each location as more information becomes available,” according to the statement from EOIR, which is a division of the U.S. Department of Justice.

There are 68 immigration courts nationwide; the others will operate as scheduled but officials with EOIR said they are evaluating and will adjust as needed.

There have been no confirmed cases of COVID-19 within the immigration system, but it’s not clear how frequently tests are being performed, if at all.

———

Associated Press Writer Cedar Attanasio contributed to this report from El Paso, Texas.

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

I suppose some action is better than none.

But, let’s take a more rational and practical look at this. The regime’s own expert, Dr. Anthony Fauci, and other public health experts have been all over the media this weekend with a straightforward message: This is going to get worse before it gets better, so take advance precautions. 

There is a “zero percent” chance that those appearing in Immigration Court have had access to coronavirus testing. Consequently, there is no way of knowing who or how many might be infected.

We also know that a significant number of those appearing in Immigration Court will be seniors or those with pre-existing conditions.

Therefore, closing down the non-detained dockets at all Immigration Courts right now should  be a “no brainer.” There are few, if any, genuine “emergencies” on an out of control “non-detained docket” of over one million cases with hearing dates stretching into 2024 and beyond in some locations.

By moving too slowly, EOIR virtually guarantees that by the time it finally gets around to the inevitable, many individuals and their families, fearing EOIR’s often mindless penchant for “in absentia hearings,” will not get the news in time. They will have already traveled and made arrangements to stay near Immigration Courts. Also, a disproportionate number of those appearing in Immigration Court must rely on public transportation, another health risk in addition to the disruption or curtailing of service in many localities.

Thus, EOIR’s inadequate response, notably released late on Friday when attention was focused elsewhere, combined with the regime’s total lack of credibility on all things immigration, is likely to make things worse.

There are all sorts of reasons why we need an independent Article I Immigration Court with competent, professional management focused on the public good. This is just the latest example of of how politicized, dysfunctional “courts” (that aren’t courts at all, as they are controlled by the prosecutor) hurt America and endanger all of us.

Due Process Forever!

PWS

03-15-20

WELL, THAT DIDN’T TAKE LONG: After Enjoining the Regime’s “Let ‘Em Die in Mexico” Program On Friday, 9th Cir. Appeals Panel Later “Suspends” Its Order Pending Further Responses From The Parties — Gov’s Illegal Abuse of Asylum Seekers Allowed to Continue for Now!

 

https://apple.news/AdZkiR13zQPmHAlPE8ZIKXw

Elliott Spagat
Elliott Spagat
Reporter
Associated Press

 

Elliott Spagat reports for AP:

 

SAN DIEGO (AP) — A 9th U.S. Circuit Court of Appeals panel voted unanimously Friday to suspend an order it issued earlier in the day to block a central pillar of the Trump administration’s policy requiring asylum seekers to wait in Mexico while their cases wind through U.S. courts.

The three-judge panel told the government to file written arguments by the end of Monday and for the plaintiffs to respond by the end of Tuesday.

The Justice Department said at least 25,000 asylum seekers subject to the policy are currently waiting in Mexico and expressed “massive and irreparable national-security of public-safety concerns.”

Government attorneys said immigration lawyers had begun demanding that asylum seekers be allowed in the United States, with one insisting that 1,000 people be allowed to enter at one location.

“The Court’s reinstatement of the injunction causes the United States public and the government significant and irreparable harms — to border security, public safety, public health, and diplomatic relations,” Justice Department attorneys wrote.

Customs and Border Protection had already begun to stop processing people under the policy.

ACLU attorney Judy Rabinovitz called the suspension of Friday’s order “a temporary step.”

“We will continue working to permanently end this unspeakably cruel policy,” she said.

. . . .

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

 

Read the full report at the link.

 

Remember what I said in my post yesterday: “But, hold the ‘victory dance.’” It’s not over till it’s over. And this one might not be over until the regime sends the last asylum seeker to death or into harm’s way, thereby achieving their “ultimate deterrent” at the expense of human lives and the rule of law.

 

Of course, the Government’s health, national security, and public safety concerns are phony as a three-dollar bill. But, that might or might not make any difference.

 

Stay tuned.

 

PWS

 

02-29-20

 

STATUE OF LIBERTY DENIER “COOCH COOCH,” “WOLFMAN,” & OTHER DHS SCOFFLAWS HELD IN CONTEMPT BY U.S. JUDGE – Regime Actually Deported Kids Found Eligible For Relief, In Violation Of Court Order!

"Cooch Cooch"
“Cooch Cooch” Rewrites America’s Welcoming Message for White Nationalist Nation

https://apple.news/AR_Xf6D4ER7qUHL9_TRSjBA

Reported by AP:

Judge finds US in contempt after immigrants in suit deported

A federal judge has found the U.S. government in contempt after authorities deported five young immigrants who were seeking to remain in the country under a program for abused and neglected immigrant children.

U.S. Magistrate Judge Nathanael Cousins issued the civil order Friday after finding the Department of Homeland Security and U.S. Citizenship and Immigration Services violated a 2018 preliminary injunction that required them to notify lawyers of any enforcement action against the young immigrants in a class-action lawsuit in California.

Despite the preliminary injunction, five immigrants who were seeking to stay in the United States under a federal government program for abused immigrant children were deported, and one of them was reportedly assaulted.

Mary Tanagho Ross, appellate staff attorney at Public Counsel’s Immigrants’ Rights Project, said she learned of the deportations months after one of the immigrants was back in Guatemala, where he was attacked by gang members.

“It is shocking the defendants didn’t do their part to make sure ICE complied with a federal court order and they literally sent kids back to the lion’s den,” she said Wednesday.

A Department of Justice spokesman declined to comment on the case.

The lawsuit was settled last year between the U.S. government and lawyers for immigrants who sought to be covered by the program after they turned 18. Applications are allowed until age 21.

Tanagho Ross said she would never have learned of the deportations but for another lawyer who mentioned one of his clients had applied for the program, which leads to a green card, but got deported after losing a case for asylum.

The court ordered the agencies to return the five immigrants to the United States by Feb. 29 so long as they want to come back, and pay $500 for each day after that each one remains out of the country.

One of them has already been returned and is in the custody of Immigration and Customs Enforcement, which plans to send him back to Guatemala in another two weeks now that the lawyers have been notified, the U.S. government said in a court filing.

His application to the program for abused children has been approved but he will likely have to wait more than two years for a green card due to a cap on the number allowed to be issued each year, the government said.

Tanagho Ross said attorneys will seek to block his deportation.

 

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

From the Judge’s order:

Defendants’ violation of the preliminary injunction is especially concerning. Beyond Defendants’ basic failure to comply with a Court’s order, Defendants removed class members that had been abused, neglected, or abandoned in their countries of origin. And instead of notifying Plaintiffs’ counsel of those removals as ordered by the Court, Defendants remained silent until Plaintiffs’ counsel discovered those violations themselves six months after the first removal.

Accordingly, the Court now holds all Defendants—Kenneth T. Cuccinelli, Chad F. Wolf, Robert M. Cowan, United States Department of Homeland Security, and United States Citizenship and Immigration Services—in civil contempt.

Here’s a copy of the complete court order:

ImmigrationOrder Granting contemptagainstgovtofficials

So, just why would we be spending taxpayer money to remove abused children who had already been found eligible for relief to the countries where they would again be abused, just because “no number was available” at the moment? Are “numbers” really more important than human lives? Why would the Government spend taxpayer money “defending the indefensible” rather than just confessing error and apologizing to the plaintiffs and to the judge? Why aren’t DOJ lawyers working for Barr and defending regime scofflaws held to the same ethical standards as lawyers in private practice?

Prior to this regime, DHS counsel routinely stipulated to stays or “administrative closing” of cases like this. If they hadn’t, most Immigration Judges would have ordered the cases closed, terminated “without prejudice,” or continued. Why have sensible legal practices that promoted docket efficiency, reasonableness, and humanity been intentionally abandoned? Obviously it’s “malicious incompetence” as practiced by DHS & DOJ management in this regime that has ballooned the Immigration Court backlog to over 1.3 million cases and still growing. Whatever happened to responsible Government in the public interest?

One of those most responsible for this breakdown in legal ethics and fundamental fairness is former Attorney General Jeff  “Gonzo Apocalypto” Sessions who illegally and unethically did away with “administrative closing.” Yet “Gonzo” walks the streets, even having the audacity to run for the Senate again, while his victims and our legal system suffer. (Sessions was the “mastermind” of the unconstitutional “family separation” fiasco that even years later is still traumatizing innocent families for the “crime” of seeking legal protection under our laws.) What’s wrong with a system that lets corrupt, immoral individuals like Sessions escape accountability and publicly tout, even seek to benefit from, their “crimes against humanity?”

This is the second time recently that Article III Federal Judges have found Trump regime employees to be basically in contempt of their orders. When are Federal Judges going to start sending some of these folks to jail and referring Barr, “Cooch Cooch,” and the DOJ lawyers who continue to obfuscate and frivolously defend the indefensible to the appropriate bar (not Barr) authorities for license revocation?

PWS

02-20-20

 

FEDERAL JUDGE IN MD ZAPS REGIME’S ILLEGAL DETENTION POLICY:  “(T)his order is in the public interest because it requires Respondents to comport with their own rules and regulations, bars arbitrary agency action toward vulnerable immigrant communities, and diminishes the emotional and financial impact on families participating in the provisional waiver process.”

Regina Garcia Cano
Regina Garcia Cano
Journalist
Associated Press

https://apple.news/AcWMzcJwDQSmvOGCYhZfQog

 

Regina Garcia Cano reports for AP:

 

BALTIMORE (AP) ― A federal judge in Maryland has banned immigration officials from arresting, detaining and deporting immigrants who are seeking legal status based on their marriages to U.S. citizens.

U.S. District Judge George J. Hazel issued the ruling Friday in a case filed by six couples accusing immigration officials of luring families to marriage interviews in Baltimore, only to detain the immigrant spouse for deportation. Hazel also ordered U.S. Immigration and Customs Enforcement to release from custody immigrants married to U.S. citizens detained before they could complete the first step of the process to obtain legal residency.

Federal regulations allow U.S. citizens to try to legalize the status of spouses who have been living in the country illegally, including those with deportation orders. But the American Civil Liberties Union, which is representing the Maryland couples, has argued that a growing number of officers have “cruelly twisted” the rules by detaining immigrant spouses following the required marriage interviews.

The months-long process typically requires couples to demonstrate the legitimacy of their marriage as part of the first step. If the couples pass an interview and earn other approvals, immigrant spouses eventually must travel abroad for a visa interview at a U.S. consulate. Only if they receive a visa can they return to the U.S. legally.

It’s unclear how many people have become permanent U.S. residents through the Obama-era regulations. They were created to significantly reduce the time that U.S. citizens are separated from immediate family members while trying to build a lawful immigration case from their home countries.

WATCH: For-profit prisons reap business benefit from Trump’s immigration stance

“(T)his order is in the public interest because it requires Respondents to comport with their own rules and regulations, bars arbitrary agency action toward vulnerable immigrant communities, and diminishes the emotional and financial impact on families participating in the provisional waiver process,” Hazel wrote. He has not ruled on the class certification sought by the plaintiffs.

ICE did not immediately respond to a request for comment. The government in its response filed last year asked Hazel to dismiss the case arguing the court lacked jurisdiction and the plaintiffs’ “claims are not likely to be successful.”

The ruling only applies to anyone living in Maryland, but the ACLU is also pursuing a similar complaint in Massachusetts. It is unclear how many people must be released from custody under Hazel’s ruling.

Among the plaintiffs is Elmer Sanchez, a native of Honduras who was ordered in absentia to be deported in 2005 and married a U.S. citizen in 2013. He was taken into custody in May moments after he and his wife successfully finished their interview with an immigration officer in Baltimore. He was released six weeks later after the ACLU sought an emergency order to prevent imminent deportation.

“These families endured trauma under the actions of ICE,” ACLU of Maryland attorney Nick Steiner said in a statement Monday. “Their blatant disregard for their own rules and regulations that are meant to prevent family separation is unconstitutional. We are hopeful about the ruling and we believe it’s a step in the right direction in recognizing that immigrants have constitutional protections too.”

 

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

Not many things this regime hates more than being required to follow the law!

 

PWS

 

02-11-20

 

 

🤡WELCOME TO CLOWN COURT: Where The Lives Of Millions Of Humans & The Future Of America Are Treated Like A Cruel Joke, As Complicit Article III Courts Watch This Grotesque Unconstitutional Spectacle & Parody Of Justice Unfold On Their Watch!

Kate Brumback
Kate Brumback
Reporter
Associated Press
DEEPTI HAJELA
Deepti Hajela
Reporter
Associated Press, NY
Amy Taxin
Amy Taxin
Reporter
Associated Press

https://apple.news/A9aA4TWFpQoSBoXVeAOv_Rg

By KATE BRUMBACK, DEEPTI HAJELA and AMY TAXIN, THE ASSOCIATED PRESS

In a locked, guarded courtroom in a compound surrounded by razor wire, Immigration Judge Jerome Rothschild waits — and stalls.

A Spanish interpreter is running late because of a flat tire. Rothschild tells the five immigrants before him that he’ll take a break before the proceedings even start. His hope: to delay just long enough so these immigrants won’t have to sit by, uncomprehendingly, as their futures are decided.

“We are, untypically, without an interpreter,” Rothschild tells a lawyer who enters the courtroom at the Stewart Detention Center after driving down from Atlanta, about 140 miles away.

In its disorder, this is, in fact, a typical day in the chaotic, crowded and confusing U.S. immigration court system of which Rothschild’s courtroom is just one small outpost.

Shrouded in secrecy, the immigration courts run by the U.S. Department of Justice have been dysfunctional for years and have only gotten worse. A surge in the arrival of asylum seekers and the Trump administration’s crackdown on the Southwest border and illegal immigration have pushed more people into deportation proceedings, swelling the court’s docket to 1 million cases.

“It is just a cumbersome, huge system, and yet administration upon administration comes in here and tries to use the system for their own purposes,” says Immigration Judge Amiena Khan in New York City, speaking in her role as vice president of the National Association of Immigration Judges.

“And in every instance, the system doesn’t change on a dime, because you can’t turn the Titanic around.”

The Associated Press visited immigration courts in 11 different cities more than two dozen times during a 10-day period in late fall. In courts from Boston to San Diego, reporters observed scores of hearings that illustrated how crushing caseloads and shifting policies have landed the courts in unprecedented turmoil:

–Chasing efficiency, immigration judges double- and triple-book hearings that can’t possibly be completed, leading to numerous cancellations. Immigrants get new court dates, but not for years.

–Young children are everywhere and sit on the floor or stand or cry in cramped courtrooms. Many immigrants don’t know how to fill out forms, get records translated or present a case.

— Frequent changes in the law and rules for how judges manage their dockets make it impossible to know what the future holds when immigrants finally have their day in court. Paper files are often misplaced, and interpreters are often missing.

In Georgia, the interpreter assigned to Rothschild’s courtroom ends up making it to work, but the hearing sputters moments later when a lawyer for a Mexican man isn’t available when Rothschild calls her to appear by phone. Rothschild is placed on hold, and a bouncy beat overlaid with synthesizers fills the room.

He moves on to other cases — a Peruvian asylum seeker, a Cuban man seeking bond — and punts the missing lawyer’s case to the afternoon session.

This time, she’s there when he calls, and apologizes for not being available earlier, explaining through a hacking cough she’s been sick.

But by now the interpreter has moved on to another courtroom, putting Rothschild in what he describes as the “uneasy position” of holding court for someone who can’t understand what’s going on.

“I hate for a guy to leave a hearing having no idea what happened,” he says, and asks the lawyer to relay the results of the proceedings to her client in Spanish.

After some discussion, the lawyer agrees to withdraw the man’s bond petition and refile once she can show he’s been here longer than the government believes, which could help his chances.

For now, the man returns to detention.

. . . .

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

Read the full article at the link.  Yes, there’s lots of blame to go around: Administrations of both parties, an irresponsible Congress, several decades of underfunding and poor management.

But that doesn’t change these simple truths:

  • We have a scofflaw regime that glories in committing “crimes against humanity” directed at migrants;
  • We have a feckless Congress that won’t legislate responsibly as long as “Moscow Mitch” McConnell and his Trump-toady GOP control the Senate;
  • The only branch of Government that could put a stop to this unconstitutional and unconscionable mess is the Article III Federal Judiciary;
  • And, this highly privileged group of jurists, the only public officials I’m aware of with the “protective insulation” of life tenure, has stood by and watched their fellow humans being “thrown to the lions” in this disgraceful display of unconstitutional injustice.

Do your duty Article IIIs and put an end to the EOIR Clown Show! History is recording your failures to act, every day!

Due Process Forever; Clown Courts 🤡 and Their Complicit Enablers, Never!

PWS

01-17-20

FINALLY, AN APPEALS COURT WITH SOME GUTS: 2D CIRCUIT STANDS UP TO REGIME ON “PUBLIC CHARGE” INJUNCTION!

 

https://apple.news/AxXENbYxMRByBiI8k3J3MQQ

DEEPTI HAJELA
Deepti Hajela
Reporter
Associated Press, NY

DEEPTI HAJELA, reports for AP:

 

Appeals court keeps block of Trump immigration rule in place

A federal appeals court in New York on Wednesday rejected a motion from the Trump administration that would have allowed it to implement a policy connecting the use of public benefits with whether immigrants could become permanent residents.

The ruling from the 2nd U.S. Circuit Court of Appeals denied the administration’s motion to lift a temporary national injunction that had been issued by a New York district court in October after lawsuits had been filed against the new policy.

The new rule would potentially deny green cards to immigrants over their use of public benefits including Medicaid, food stamps and housing vouchers, as well as other factors.

The New York injunction was one of several that were issued around the time the rule had been scheduled to go into effect in October.

But a regional injunction issued in California and another national injunction issued in Washington have already been lifted by other federal appeals courts. That left New York’s as the only nationwide bar to the Trump administration putting the new rule into practice. An injunction in Illinois also is in effect, but applies only to that state.

The three-judge panel of the 2nd Circuit had heard arguments over the motion to lift the injunction on Tuesday.

Judges questioned the government’s attorney on the timing — why the injunction needed to be lifted at this point when the lawsuit itself would be heard by a judge in coming months.

Immigrants applying for permanent residency must show they wouldn’t be public charges, or burdens to the country.

The new policy significantly expands what factors would be considered to make that determination, and if it is decided that immigrants could potentially become public charges at any point in the future, that legal residency could be denied.

Roughly 544,000 people apply for green cards annually. According to the government, 382,000 are in categories that would make them subject to the new review.

Immigrants make up a small portion of those getting public benefits, since many are ineligible to get them because of their immigration status.

 

 

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

Compare this with recent decisions by the 9th and 4th circuits that “rolled over and caved” to the regime’s disingenuous arguments that there was a pressing public interest in lifting the injunction. https://immigrationcourtside.com/2019/12/10/complicit-court-update-4th-circuit-joins-9th-in-tanking-for-trump-on-public-charge-rule-judges-harvie-wilkinson-paul-niemeyer-go-belly-up-for-trump-while-judge-pame/;https://immigrationcourtside.com/2019/12/06/complicit-9th-circuit-judges-continue-to-coddle-trump-this-time-legal-immigrants-are-the-victims-of-trumps-judicially-enabled-white-nationalist-agenda-judges-jay-bybee-sandra-i/.

The individual impact of these new policies could potentially be devastating to immigrants and their families: however, the overall public financial impact of throwing up new bars to permanent immigration would be minuscule, as pointed out in this article. The lack of any real emergency reason for exempting the Government from going through the full litigation process at the District Court level (where preliminary injunctions had been issued), as others must, was noted by dissenting judges in both circuits that “rolled” for Trump.

 

PWS

01-08-20

CHAOS AT THE BORDER: How Trump’s Judicially-Enabled Unlawful Assault On Our Legal Asylum System Has, Predictably, Created More Chaos At The Border – Complicit Courts Endangering Lives, National Security!

 

Astrid Galvan
Astrid Galvan
Immigration & Border Correspondent
Associated Press

https://apple.news/ANGgA3Y1lT8yAzFh8EpcGeQ

 

Astrid Galvan reports for the Associated Press:

PHOENIX (AP) — For months, asylum seekers have been prohibited from filing their claims at U.S. border crossings under a much-criticized Trump administration policy. Now some are sprinting down vehicle lanes or renting cars to try to make it inside the U.S.

The migrants’ efforts are causing traffic delays at Arizona crossings because U.S. Customs and Border Protection officials had to barricade lanes used by cars legally entering the U.S. from Mexico, officials said.

Advocates say many have become desperate after waiting for months to legally ask for asylum, often in poor conditions and while facing threats of kidnapping, extortion and violence south of the border.

Shoppers, teachers and visitors traveling to the U.S. through Nogales, Mexico, endured up to five-hour waits Monday and over the weekend, causing concerns among local officials whose tax base relies on Mexican shoppers, especially during the holiday season.

In a statement, Customs and Border Protection said it’s committed to the safety of border crossers, adding that there’s been an increase of incursions through vehicle lanes “by asylum seekers attempting to evade established entry processes.”

“These tactics interfere with CBP officers conducting their responsibilities and exacerbates wait times for daily commuters,” the agency said in a statement. “CBP will not allow ports to be overrun, or unauthorized entry.”

The traffic jams could hurt sales at stores in Nogales, Arizona that depend on Mexican shoppers during the holiday season, said Mayor Arturo Garino.

Garino, a part-time teacher, said some students and teachers who live in Mexico but attend and work at schools across the border in the U.S. have been leaving their homes as early as 5 a.m. to arrive on time.

Garino said Mexican authorities were not doing enough to stem the problem. The Arizona Daily Star reported the Nogales, Sonora, police officers were checking cars headed north to the border on Monday afternoon.

The metal barricades are large and are meant to seal off traffic lanes.

About 3,000 migrants are living in Nogales, Mexico as they wait their turns to seek asylum, said Katie Sharar, communications director for the Kino Border Initiative, a religious-based group that provides meals to needy migrants on the Mexican side of the border.

Under a policy by the Trump administration known widely as “metering,” the asylum-seekers must wait in an unofficial line in Mexico until U.S. authorities call them up in a process that usually lasts several months.

Another policy, colloquially known as “Remain in Mexico,” requires asylum seekers to return to Mexico after they have made credible fear claims to justify their asylum requests and wait there while their immigration cases are pending.

“I think there’s just a lot of desperation and uncertainty. They don’t know what’s happening to them, they don’t know how the policy changes are gonna affect them,” Sharar said.

Sharar said she wasn’t familiar with the migrants who have run through vehicle lanes.

Customs and Border Protection did not respond to email and phone messages regarding questions about the migrants who rushed the border, what countries they come from and whether they were detained or faced criminal charges.

Arizona Gov. Doug Ducey, a Republican, said his first concern is public safety and that he is confident U.S. officials will resolve the border traffic problems.

Associated Press writer Bob Christie in Phoenix contributed to this report.

 

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

The Trump Regime was faced with a potentially very manageable situation. The solution was straightforward. Encourage asylum applicants to present themselves at the border for fair, prompt, and orderly processing as required by law.

 

Those who passed “credible fear” and who had no serious criminal record could be released in coordination with pro bono organizations whose representation would both help insure a high appearance rate and due process in the Immigration Courts. Money currently being wasted on “the Wall,” unnecessary and inhumane detention, and avoidable litigation could be “repurposed” as grants to communities and NGOs to secure their assistance in placement and orderly, lawful processing of asylum applicants. It could also be used to fund or rehire additional qualified Asylum Officers (not Border Patrol Agents) to process credible fear claims.

 

Meanwhile, those found to have “no credible fear” after a fundamentally fair process could be returned to their home countries or some suitable “alternative placement” in a third country in a timely, orderly, and humane manner in accordance with existing law.

 

Instead, the Trump Administration’s unlawful attacks on asylum laws and their war on Due Process and the pro bono community have been facilitated by complicit Federal Courts that have failed to stand up for Due Process and the rule of law.

 

This is likely to be just another phase of the chaos. With the U.S. asylum system essentially “repealed without legislation” individuals needing protection will be assisted by professional smugglers in avoiding the U.S. legal system by entering illegally, evading apprehension (rather than turning themselves in as had been the case), and losing themselves in the U.S.

 

It is also possible that the Administration’s fraudulent “Safe Third Country” agreements with Northern Triangle governments eventually will succeed in further destabilizing those countries so that they simply collapse, creating even more refugees.

 

White Nationalism, the “malicious incompetence” that accompanies it, and judicial complicity in the face of tyranny are nothing short of a prescription for a continuing and escalating national and international humanitarian disaster. We were forewarned.

 

PWS

12-05-19

 

 

THE  9th CIRCUIT’S DESCENT INTO THE LEGAL AND MORAL ABYSS OF TRUMPISM: With Court’s Aid, Trump Administration Helps Smugglers, Kidnappers, & Extorters in Mexico Target Hapless Asylum Seekers! – Can We As A Nation Get Any More Cowardly & Immoral? – This Is What Intellectually Corrupt Federal Judges Are Doing For Their Paychecks While The Innocent Suffer: “Kidnapped migrants generally were told they could avoid being killed by either paying ransom or working for the cartel.”

Maria Verza
Maria Verza
Journalist
Associated Press

 

https://apple.news/A0kbZvXqkS_GkfZ67SldXDA

 

Maria Verza reports for the Associated Press:

 

 

Migrants stuck in lawless limbo within sight of America

The gangsters trawling Nuevo Laredo know just what they’re looking for: men and women missing their shoelaces.

Those are migrants who made it to the United States to ask for asylum, only to be taken into custody and stripped of their laces — to keep them from hurting themselves. And then they were thrust into danger, sent back to the lawless border state of Tamaulipas.

In years past, migrants moved quickly through this violent territory on their way to the United States. Now, due to Trump administration policies, they remain there for weeks and sometimes months as they await their U.S. court dates, often in the hands of the gangsters who hold the area in a vise-like grip.

Here, migrants in limbo are prey, and a boon to smugglers.

———

This story is part of an occasional series, “Outsourcing Migrants,” produced with the support of the Pulitzer Center on Crisis Reporting.

———

They recount harrowing stories of robbery, extortion by criminals and crooked officials, and kidnappings by competing cartels. They tell of being captured by armed bandits who demand a ransom: They can pay for illegal passage to the border, or merely for their freedom, but either way they must pay.

And then they might be nabbed again by another gang. Or, desperate not to return to the homes they fled in the first place, they might willingly pay smugglers again.

That’s what a 32-year-old Honduran accountant was contemplating. She had twice paid coyotes to help her cross into the U.S. only to be returned. Most recently, in September, she was sent back across the bridge from Brownsville to Matamoros.

Now, biding her time with her daughter in the city of Monterrey, she said one thing is for sure: “We are a little gold mine for the criminals.”

———

Tamaulipas used to be a crossroads. Its dangers are well known; the U.S. has warned its citizens to stay away, assigning it the same alert level as war-torn countries such as Afghanistan and Syria.

Whenever possible, migrants heading north immediately crossed the river to Texas or presented themselves at a U.S. port of entry to file an asylum claim, which would allow them to stay in the U.S. while their cases played out.

But the U.S. has set limits on applicants for asylum, slowing the number to a mere trickle, while the policy known colloquially as “Remain in Mexico,” has meant the return of more than 55,000 asylum-seekers to the country while their requests meander through backlogged courts.

The Mexican government is ill-prepared to handle the influx along the border, especially in Tamaulipas, where it has been arranging bus rides south to the relative safety of the northern city of Monterrey or all the way to the Guatemala border, citing security concerns — tacit acknowledgement, some analysts say, of the state of anarchy.

The gangs have adapted quickly to the new reality of masses of vulnerable people parking in the heart of their fiefdom, experts say, treating the travelers, often families with young children, like ATMs, ramping up kidnapping, extortion, and illegal crossings to extract money and fuel their empires.

“There’s probably nothing worse you could do in terms of overall security along the border,” said Jeremy Slack, a geographer at the University of Texas at El Paso who studies the border region, crime and migration in Mexico. “I mean, it really is like the nightmare scenario.”

———

Yohan, a 31-year-old Nicaraguan security guard, trudged back across the border bridge from Laredo, Texas, in July with his wife and two children in tow, clutching a plastic case full of documents including one with a court date to return and make their asylum claim to a U.S. immigration judge two months later.

Penniless, with little more than a cellphone, the family was entering Nuevo Laredo, dominated by the Northeast cartel, a splinter of the brutal and once-powerful Zetas gang.

This is the way he tells the story now, in an interview at a nonprofit in Monterrey that provides the family with shelter and food:

The plan was to call and ask help from the only people they knew in the area — the “coyotes,” or people smugglers, who earlier helped them cross the Rio Grande on an inflatable raft and had treated them well. Only that was in Ciudad Miguel Aleman, about a two-hour drive south parallel to the river.

On their way to the bus station, two strange men stopped Yohan while another group grabbed his loved ones. At least one of them had a gun. They were hustled into a van, relieved of their belongings and told they had a choice: Pay thousands of dollars for their freedom, or for another illegal crossing.

All along the border, there have abuses and crimes against migrants by Mexican organized crime, which has long profited off them. But Tamaulipas is especially troubling. It is both the location of most illegal crossings, and the state where the United States has returned the most asylum seekers — 20,700 through Nuevo Laredo and Matamoros as of early October.

The Mexico City-based Institute for Women in Migration, which tracks kidnappings of migrants and asylum-seekers, has documented 212 abductions in the state from mid-July through Oct. 15. And that’s surely an undercount.

Of the documented kidnappings in Tamaulipas, 197 occurred in Nuevo Laredo, a city of about 500,000 whose international bridges fuel the trade economy.

Yohan’s family was among them.

They had left Esteli in northwestern Nicaragua over three months earlier after armed, government-aligned civilian militias learned that Yohan had witnessed the killing of a government opponent, he said. They followed him and painted death threats on the walls of their home.

He is identified only by his middle name, because he and others quoted in this story fear for their lives and spoke to The Associated Press on condition of anonymity.

Yohan borrowed against his mother’s house to pay smugglers $18,000 for the family’s trip. But he had not bargained on the closed door at the border, or the ordeal in Nuevo Laredo, and his bankroll was depleted.

The men who grabbed the family “told us they were from the cartel, that they were not kidnappers, that their job was to get people across and that they would take us to the smuggler to explain,” Yohan said. Then they connected a cable to his cellphone to download its contents.

Yohan’s first instinct was to give the passphrase that his previous smugglers used to identify “their” migrants. “‘That doesn’t mean anything to us,’ one of them told me,” Yohan said — this lot belonged to a different group.

Gangs in Tamaulipas have fragmented in the last decade and now cartel cells there operate on a franchise model, with contacts across Mexico and Central America, said Guadalupe Correa-Cabrera, a political scientist specializing in organized crime, immigration, border security and human trafficking at George Mason University.

“They are contractors. They provide a service, control the territory, operate safe houses and charge for all that,” she said.

Yohan’s family was held in a series of what appeared to be private homes or offices, along with a family from El Salvador, two Cubans and two Mexicans. Everyone slept on the floor.

One captor, a 16-year-old, told him, “We have 15 smugglers, the cartel brings the people to us here and we take them across paying the cartel for the river crossing.”

The gang had been hiring lately: “Since the United States is deporting so many through here, we are capturing them and that has meant more work,” the teen told him. “We’re saturated.”

Initially the captors demanded $16,000. They gave Yohan and his wife a list of names and accounts; relatives were supposed to deposit $450 into each one without using companies seen as traceable by authorities.

But they were able to scrape together just $3,000, and that angered the gangsters.

“I’m going to give you to the cartel,” one shouted.

Then Yohan’s son came down with the mumps. The family got the captors to provide a bit of extra milk for him in exchange for his daughter’s little gold ring, but the boy wasn’t getting better and they abruptly released the family.

“They told us that the cartel doesn’t allow them to hold sick children,” Yohan said.

This is a matter of business, not humanity: A dead child could bring attention from the media, and then authorities, says George Mason’s Correa-Cabrera.

After 14 days captive and before leaving the safe house, Yohan was given a code phrase: “We already passed through the office, checking.” Only hours later they would need to use it. Arriving at the bus station, a group of strange men tried to grab them. Yohan spoke the six words in Spanish, and they were let go, and they went on to Monterrey.

On Sept. 22, Yohan’s family returned to Nuevo Laredo for their court date, bringing with them a report on the family’s kidnapping. Though U.S. law allows at-risk people to stay, they were sent back to the parking lot of a Mexican immigration facility, surrounded by seedy cantinas and watching eyes.

Mexican authorities organized bus transportation for those who wanted to return to their home countries. The family did not intend to go back to Nicaragua, so they asked the driver to leave them in Monterrey where they would await the next hearing.

After they were under way, the driver demanded $200. They couldn’t pay, so he dumped them about 60 miles (100 kilometers) from the city at 1 a.m., along with four others.

———

Unlike other border cities such as Tijuana or Ciudad Juarez, migrants and asylum seekers are rarely seen on the streets in Nuevo Laredo. Fear keeps them in hiding, and safety isn’t a sure thing even inside shelters. This summer pastor Aarón Méndez was abducted from the shelter he ran. He has not been heard from since.

Nor is it safe on the streets going to and from the station. A couple of months after Méndez disappeared, gunmen intercepted some people who were helping migrants make those trips; those being transported were taken away, and the helpers were told they would be killed if they persisted.

Kennji Kizuka, a researcher for New York-based Human Rights First, told of one woman who crossed into the U.S. for a hearing date, where she had to surrender her phone. While she was incommunicado for hours, calls were placed to relatives in the United States claiming she had been kidnapped and aggressively demanding a ransom.

“It’s clear that they have a very sophisticated system to target people,” Kizuka said.

In another instance, Kizuka said, cartel members were in the Nuevo Laredo office of Mexican migration, openly abducting asylum seekers who had just been sent back from the United States.

One woman hid in the bathroom with her daughter and called a local pastor for help; he tried to drive them away, but they were blocked by cartel members blocks way. The two were taken from the car and held by the gangsters, though they eventually were released unharmed.

A spokesperson for the Mexican foreign affairs secretary declined comment on allegations that Mexico cannot guarantee safety for immigrants returned from U.S.

U.S. Border Patrol officials said recently they are continuing to send asylum seekers back over the border, and that includes Nuevo Laredo. The number of people returned there has been reduced recently, but that was related to a decrease in migrants arriving at the border — and not violence in Tamaulipas.

In an interview, Brian Hastings, Border Patrol chief of law enforcement operations, told AP that officials didn’t see a “threat to that population” in Tamaulipas and “there was basically a small war between the cartel and the state police” there.

But the numbers indicate the danger is real.

As of August, Human Rights First had tabulated 100 violent crimes against returnees. By October, after it rolled out to Tamaulipas, that had more than tripled to 340. Most involved kidnapping and extortion. Kizuka said the danger is even greater than the numbers reflect because they are based solely on accounts his organization or reporters have been able to document.

Of dozens of people interviewed by AP who said they had been victimized in Nuevo Laredo, Reynosa, Matamoros and Monterrey, just one had filed a police report.

Kidnappings of migrants are not a new phenomenon. According to Mexico’s National Human Rights Commission, in just six months in 2009 nearly 10,000 migrants were abducted while passing through the country.

Back then the cartels were splintering amid a government policy targeting their top bosses, leading them to fight among themselves in the people-smuggling business to fill two needs: money and labor. Kidnapped migrants generally were told they could avoid being killed by either paying ransom or working for the cartel.

Tamaulipas became a bloody emblem of the problem in 2010 when 72 migrants were found slain at a ranch in San Fernando, and a year later when the bodies of 193 migrants were found in the same area in clandestine mass graves — apparently murdered by a cartel to damage a rival’s people-smuggling business.

Raymundo Ramos of the Nuevo Laredo Human Rights Committee said gangs today are more interested in squeezing cash from migrants: “They have to recover a lot of the money lost in those wars.”

President Andrés Manuel López Obrador has acknowledged that another massacre or escalation of violence is a major fear and has deployed more than 25,000 troops and National Guard agents to police people-trafficking in border regions and along smuggling routes. But all the accounts of violence in this account took place after that deployment.

———

Reynosa, a factory city of about 650,000, is the largest in Tamaulipas and home to some of the worst drug war violence. It’s also a key part of the migratory route and one of the busiest crossing points along with Ciudad Miguel Aleman.

Disputed by rival gangs, Reynosa has the feel of a place with invisible fences demarcating their territories, and numerous migrants said they had to pay to get past checkpoints at the main entrances to the city.

Lawyer and human rights worker Fortino López Balcázar said the gangs first took control of the river, attacking and beating migrants. Then they started grabbing them from bus stations, and then from the streets.

The airport is also tightly controlled.

A 46-year-old teacher from Havana recalled arriving with her 16-year-old son Aug. 13 by plane from Mexico City with the phone number for a taxi driver, provided by a lawyer who arranged their trip. As they drove into Reynosa, two other taxis cut the vehicle off. Two men got in, took away her cellphone and money and whisked them to a home that was under construction.

The lawyer “sold us out,” the woman said.

That night they were moved to a thicket near the Rio Grande where they were held captive in an outdoor camp for a week with dozens of others. They met another group of Cubans, who were also abducted shortly after flying into Reynosa: Several taxi and vans brazenly intercepted them in broad daylight, bringing traffic to a halt.

“It was as if we were terrorists and the FBI had swooped down on us,” one of the men said. He speculated they may have been betrayed by an airport immigration agent with whom they had argued over their travel documents.

López Obrador’s government has said the National Immigration Institute is one of Mexico’s most corrupt agencies. In early 2019 the institute announced the firing of more than 500 workers nationwide. According to a person with knowledge of the purge, Tamaulipas was one of four states where the most firings took place. Some worked in airports, others in the city of Reynosa.

In February the institute’s deputy delegate to the city was fired and accused of charging detained migrants over $3,000 to avoid deportation. Later new complaints surfaced of people being shaken down for $1,500 to be put at the top of wait lists to present claims in the United States.

At the riverside camp, the Cuban teacher was introduced to its “commander” who demanded “rent” and a fine for not traveling with a guide. The ransom was set at $1,000.

Previously the Cuban woman’s only exposure to the world of organized crime came from movies she watched on the illegal satellite TV hookup that caused her to run afoul of authorities back home. Now, they were witnessing things both terrifying and hard to understand.

There was the time a man tried to suffocate another with a plastic bag, or when the kidnappers, some barely in their teens, beat a “coyote” for working for a rival outfit. From what she was able to understand from the shouting, he had been kidnapped along with clients he was guiding and they wanted him to switch loyalties.

The captors at the thicket referred to themselves as “the corporation,” the teacher said. People came and went, some delivered by men in uniforms who may or may not have been police.

Edith Garrido, a nun who works at the Casa del Migrante shelter in Reynosa, said both crooked officers and criminals dressed as police — known as “black cops” or “the clones” — are mixed up in the racket, making the rounds of safe houses to buy and sell kidnap victims.

“They say ‘give me 10, 15, 25.’ They tell them they are going to take them to a safer place, and they give them to the highest bidder,” Garrido explained. “A migrant is money for them, not a person.”

The captors let the Cubans use their cellphones for a few hours to coordinate ransom payments with relatives, always small amounts to different bank accounts. Weeping, the teacher recalled how her 25-year-old daughter in Cuba had to pawn all her belongings.

After the ransom came through, the captors took her picture and she, her son and another woman were put in a taxi and driven off. The cabbie stopped the car along a highway, took her cellphone and said they could go.

She and her son now await their immigration court date in Reynosa, where she has found temporary construction work to pay for rent and food.

There’s not enough space for everyone at the shelters, so many rent rooms, and that demand has pushed prices up. It can range from $35 per person per month for a spot in a cramped five-person bedroom in a seedy area, to $300-$500 for a more secure home.

But nowhere is truly safe. Last month a family from El Salvador missed their turn to present themselves for U.S. asylum after a shootout erupted in the streets and they were afraid to leave their home.

Garrido said some pay protection fees so they are not bothered in their homes, while others rent directly from the gangs.

“So one way or another,” she said, “they make money.”

———

Associated Press writers Peter Orsi in Mexico City and Colleen Long in Washington contributed to this report.

 

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

Beyond disgusting! Profiles in Judicial and Executive cowardice (not to mention Congressional fecklessness) to be sure!

It all goes back to Innovation Law Lab v. McAleenan and a 9th Circuit panel that spoke legal gibberish rather than courageously standing up to the Trump Administration’s outrageously illegal behavior. Then, the full Ninth Circuit has compounded the problem by “sitting on the case” for months. In the meantime, folks are unnecessarily dying and being victimized by judicial abdication of duty.

 

PWS

11-18-19

 

STUFFED AGAIN: Trump’s Attempt To Use Health Insurance As A Way To Cut Legal Immigration Temporarily Stopped By U.S. District Judge In Oregon – Administration That Works Tirelessly To Increase Number Of Uninsured Or Underinsured Americans Saw Bogus Health Insurance Requirement For Immigrants As Device To Circumvent Statute & Unlawfully Slash Legal Immigration!

 

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=0e59f13d-9a82-4908-9249-75e7fe5b281d

 

The AP reports:

 

PORTLAND, Ore. — A federal judge on Saturday put on hold a Trump administration rule requiring that immigrants prove they will have health insurance or can pay for medical care before they can receive visas.

U.S. District Judge Michael Simon granted a preliminary injunction that prevents the rule from going into effect Sunday. It’s not clear when he will rule on the merits of the case.

Seven U.S. citizens and a nonprofit organization filed the federal lawsuit Wednesday contending the rule would block nearly two-thirds of all prospective immigrants coming to the U.S. legally.

The lawsuit also said the rule would greatly reduce or eliminate the number of immigrants who enter the United States with family-sponsored visas. “We’re very grateful that the court recognized the need to block the healthcare ban immediately,” said Justice Action Center senior litigator Esther Sung, who argued at Saturday’s hearing on behalf of the plaintiffs. “The ban would separate families and cut two-thirds of green-card-based immigration starting tonight, were the ban not stopped.”

The proclamation signed by President Trump in early October applies to people seeking visas from abroad — not those in the U.S. already. It does not affect lawful permanent residents. It does not apply to asylum seekers, refugees or children.

The proclamation says immigrants will be barred from entering the country unless they will be covered by health insurance within 30 days of entering or have enough financial resources to pay for any medical costs.

The rule is the Trump administration’s latest effort to limit immigrant access to public programs while trying to move the country away from a family-based immigration system to a merit-based system.

The White House said in a statement at the time the proclamation was issued that too many noncitizens were taking advantage of the country’s “generous public health programs” and that immigrants contribute to the problem of “uncompensated healthcare costs.”

Under the government’s visa rule, the required insurance can be bought individually or provided by an employer and it can be short-term coverage or catastrophic.

Medicaid doesn’t count, and an immigrant can’t get a visa if using the Affordable Care Act’s subsidies, which the federal government pays for. According to the Migration Policy Institute, a nonpartisan immigration think tank, 57% of U.S. immigrants had private health insurance in 2017, compared with 69% of U.S.-born, and 30% had public health insurance coverage, compared with 36% of native-born.

The uninsured rate for immigrants dropped from 32% to 20% from 2013 to 2017, since the implementation of the Affordable Care Act, according to Migration Policy.

About 1.1 million people obtain green cards each year.

“Countless thousands across the country can breathe a sigh of relief today because the court recognized the urgent and irreparable harm that would have been inflicted” without the hold, said Jesse Bless, director of federal litigation at the American Immigration Lawyers Assn.

Earlier this year, the administration made sweeping changes to regulations that would deny green cards to immigrants who use some forms of public assistance, but the courts have blocked that measure.

 

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

Trump continues to abuse the legal system and the Federal Courts with impunity to carry out his White Nationalist agenda. Unless and until the Circuits and the Supremes stand up to Trump’s racist-inspired lawlessness in clear and authoritative terms, the abuse will continue.

Appellate judicial wimpiness breeds contempt!

 

PWS

 

11-04-19

 

 

FAILED STATE: Trump & “Big Mac” Claim Guatemala Is A “Safe Third Country” For Asylum Seekers — They Lie! — The Truth Is Ugly: “Guatemala in grip of ‘mafia coalition’, says UN body in scathing corruption report!”

https://www.theguardian.com/world/2019/aug/28/guatemala-corruption-mafia-coalition-jimmy-morales?CMP=Share_iOSApp_Other

From the Guardian:

Cicig says in final report before mandate expires corruption ‘cannot be solved without profound restructuring of the state’

Associated Press in Guatemala City

Published:

17:09 Wednesday, 28 August 2019

A UN commission that spent the last 12 years investigating graft in Guatemala has described the country as “captured” by corruption in its final report, days before it is set to wrap up operations after President Jimmy Morales refused to renew its mandate.

The commission, known as Cicig for its initials in Spanish, said in its final report that there is a “mafia coalition” among members of government, the business community and private individuals that is “willing to sacrifice Guatemala’s present and future to guarantee impunity and preserve the status quo”.

The commission chief Iván Velásquez, a Colombian lawyer who has been barred by Morales’ government from entering Guatemala, said via video conference from Colombia that the report would be the commission’s last public act.

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“We almost got to the nucleus of the structures that have captured the state,” Velásquez said. “This cannot be solved without a profound restructuring of the state.”

The commission began its work in Guatemala in 2007 at the request of then-president Óscar Berger and was given responsibility for dismantling illegality in the wake of the country’s 1960-1996 civil war.

Morales accused the body of overreaching its authority last year, after the commission brought investigations against him, some of his relatives and his inner circle. He was protected from prosecution as a sitting president and has denied wrongdoing.

While many observers praised the commission for its work, which resulted in the prosecution of more than 400 people, including the former president Otto Pérez Molina, his vice-president and much of his cabinet, Morales decided that Cicig had run its course, setting up its impending departure on 3 September.

Critics saw Morales’ refusal to renew the commission’s mandate as an attempt to protect himself and those close to him.

The report said the “impunity of power” in Guatemala dates to colonial times.

Guatemala elections show corruption rampant four years after uprising toppled president

One of the reasons why corruption networks persist today, it said, is that “they have distorted democratic institutionality in their favor and they have molded the political system and designed mechanisms that allow them to occupy positions of power, manipulating legislation.”

“Between 2012 and 2015, an illicit, political-economic network took over the executive (branch), subordinated the legislative, manipulated and interfered in the election of judges to high courts and, in addition to looting the state, promoted laws and policies favoring private companies to the detriment of competition and the citizenry,” the report continued.

All that benefited drug trafficking networks, it added.

Together with Guatemalan prosecutors, the commission took down 70 organized crime networks. Those targeted for prosecution have included public officials, lawmakers, judges, businesspeople and other civilians.

It also investigated Morales’ National Convergence Front for alleged illegal political financing.

The report said illicit political money is “present in the majority of campaigns and parties” and comes from criminal organizations including drug traffickers seeking territorial control and political protection, as well as businesspeople seeking influence.

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

Seems like the life threatening lies and misuse of Government authority should be enough to remove both of these congenital liars from office.

PWS

08-31-19

RACIST SCOFFLAWS TRUMP, BARR, McALEENAN MOUNT VICIOUS ATTACK ON VULNERABLE CENTRAL AMERICAN REFUGEES — SEEK TO ELIMINATE ASYLUM STATUTES, TREATIES, CONSTITUTIONAL DUE PROCESS PROTECTIONS BY REGULATION!

https://www.huffpost.com/entry/trump-issues-new-rule-to-end-asylum-protections-for-central-americans_n_5d2c7a8fe4b0bd7d1e1fee42

Colleen Long
Colleen Long
Reporter
Associated Press

Colleen Long reports for AP in HuffPost:

WASHINGTON (AP) — The Trump administration on Monday moved to end asylum protections for most Central American migrants in a major escalation of the president’s battle to tamp down the number of people crossing the U.S.-Mexico border.

According to a new rule published in the Federal Register , asylum seekers who pass through another country first will be ineligible for asylum at the U.S. southern border. The rule, expected to go into effect Tuesday, also applies to children who have crossed the border alone.

There are some exceptions: If someone has been trafficked, if the country the migrant passed through did not sign one of the major international treaties that govern how refugees are managed (though most Western countries have signed them) or if an asylum-seeker sought protection in a country but was denied, then a migrant could still apply for U.S. asylum.

But the move by President Donald Trump’s administration was meant to essentially end asylum protections as they now are on the southern border.

The policy is almost certain to face a legal challenge. U.S. law allows refugees to request asylum when they arrive at the U.S. regardless of how they did so, but there is an exception for those who have come through a country considered to be “safe.” But the Immigration and Nationality Act, which governs asylum law, is vague on how a country is determined “safe”; it says “pursuant to a bilateral or multilateral agreement.”

Right now, the U.S. has such an agreement, known as a “safe third country,” only with Canada. Under a recent agreement with Mexico, Central American countries were considering a regional compact on the issue, but nothing has been decided. Guatemalan officials were expected in Washington on Monday, but apparently a meeting between Trump and Guatemalan President Jimmy Morales was canceled amid a court challenge in Guatemala over whether the country could agree to a safe third with the U.S.

The new rule also will apply to the initial asylum screening, known as a “credible fear” interview, at which migrants must prove they have credible fears of returning to their home country. It applies to migrants who are arriving to the U.S., not those who are already in the country.

Trump administration officials say the changes are meant to close the gap between the initial asylum screening that most people pass and the final decision on asylum that most people do not win. But immigrant rights groups, religious leaders and humanitarian groups have said the Republican administration’s policies amount to a cruel and calloused effort to keep immigrants out of the country. Guatemala, Honduras and El Salvador are poor countries suffering from violence .

Along with the administration’s recent effort to send asylum seekers back over the border , Trump has tried to deny asylum to anyone crossing the border illegally and restrict who can claim asylum, and Attorney General William Barr recently tried to keep thousands of asylum seekers detained while their cases play out.

Nearly all of those efforts have been blocked by courts.

Meanwhile, conditions have worsened for migrants who make it over the border seeking better lives. Tens of thousands of Central American migrant families cross the border each month, many claiming asylum. The numbers have increased despite Trump’s derisive rhetoric and hard-line immigration policies. Border facilities have been dangerously cramped and crowded well beyond capacity. The Department of Homeland Security’s watchdog found fetid, filthy conditions for many children. And lawmakers who traveled there recently decried conditions .

Immigration courts are backlogged by more than 800,000 cases, meaning many people won’t have their asylum claims heard for years despite move judges being hired.

People are generally eligible for asylum in the U.S. if they feared return to their home country because they would be persecuted based on race, religion, nationality or membership in a particular social group.

During the budget year for 2009, there were 35,811 asylum claims, and 8,384 were granted. During 2018 budget year, there were 162,060 claims filed, and 13,168 were granted.

___

Associated Press writer Michael Balsamo contributed to this report.

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

The Trump Administration launches its most brazen attack yet on the rule of law, our Constitution, and American Democracy.  But, ultimately it’s likely to fail for the following reasons:

  • As usual, the Trump Administration fails to comply with the Administrative Procedures Act (“APA”) in publishing a major policy change without advance opportunity for notice and comment;
  • The regulation violates the Immigration and Nationality Act’s (“INA’s”) guarantee of a right to apply for asylum except in very limited circumstances not applicable here;
  • A similar regulation purporting to end asylum rights for those applying between ports of entry was immediately halted by the Federal Courts; 
  • Even under the regulation, refugees arriving in the U.S. retain the right to apply for mandatory “withholding of removal” under the INA and the Convention Against Torture (“CAT”) — although the standard is higher, those showing “past persecution” are entitled to a regulatory presumption of future persecution for purposes of withholding of removal under the INA;
  • Smugglers eventually can develop (more dangerous and expensive) water routes to the U.S. which do not require passing through any other “signatory country” on the way;
  • Smugglers could eventually shift their “business model” to higher risk more expensive schemes designed to avoid the U.S. asylum system completely and deposit individuals in the interior of the U.S. where most of them will be able to “lose themselves” among the millions of other foreign nationals residing and working in the U.S. without documentation.

We are diminishing ourselves as a nation, but that won’t stop human migration.

And, remember, YOUR legal and Constitutional rights might be the next casualty of Trump and his out of control band of scofflaws.

Join the New Due Process Army and fight for the legal and Constitutional rights and the human dignity of everyone in America!

 

PWS

07-15-19

“DOJ MISMANAGEMENT CENTRAL:” In Failing U.S. Immigration Courts, Political Interference & Idiotic Quotas Push 1.1 Million Plus Case Backlog Higher!

https://apple.news/ASsFWST9rQTSnqDmrVtuZ2Q

Immigration judges say quotas will increase backlog of cases

LOS ANGELES — Immigration judges say a new quota system threatens to increase an already overwhelming backlog of cases in U.S. immigration courts.

The system pushes for judges to close 700 cases a year and calls for them to be evaluated on that quota.

Immigration Judge Ashley Tabaddor said in a March 12 letter to lawmakers that the change would create a perception of government interference in the handling of cases that will lead more immigrants to file appeals.

Tabaddor, who heads the National Association of Immigration Judges, says the move could also flood federal courts with cases.

It can take years to get a decision in the immigration courts, which have more than 800,000 pending cases.

The letter followed testimony last week before a House subcommittee by James McHenry, who oversees the nation’s immigration courts.

A message sent to immigration court officials was not immediately returned.

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

Apparently, it’s going to take a complete collapse of not only the U.S. Immigration Courts but the entire Federal Judicial System (certainly on the horizon as the Immigration Courts’ systematic failure to provide expertise, impartial decision-making, Due Process, and fundamental fairness is pushing more and more cases into the Article III Courts). Unfortunately, to date, both Congress and the Article IIIs seem largely willing to watch disaster unfold, rather than taking the bold remedial action required to wrest the Immigration Court System out of the clutches of a spectacularly unqualified Department of Justice and reconstitute them as an independent court system where the standards of Due Process are taught, applied, and enforced!

In the meantime, lives are being needlessly, sometimes intentionally, endangered each day by our failure to live up to the U.S. Constitution!

PWS

03-14-19

 

NO, WE’RE NOT “OVERWHELMED” WITH ASYLUM SEEKERS – BUT TRUMP’S SHUTDOWN IS ADDING TO THE IMMIGRATION COURT BACKLOG, CREATING MORE “AIMLESS DOCKET RESHUFFLING” THAT HELPED CREATE THE BACKLOG IN THE FIRST PLACE, AND SCREWING ASYLUM SEEKERS WITH PENDING CASES! — We Won’t Be Able To Solve Immigration Until The Immigration Court is Removed From The Executive Branch & Becomes An Independent Court!

The latest TRAC IMMIGRATION report confirms what most of us familiar with the dysfunctional U.S. Immigration Courts already knew: Trump has already needlessly added 42,000 cases to the backlog and will have added at least 100,000 of the shutdown lasts through the end of January.

 

==========================================
Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Since the beginning of the federal government shutdown, most Immigration Court hearings have been cancelled. As of January 11, the estimated number of cancellations reached 42,726. Each week the shutdown continues, cancelled hearings will likely grow by another 20,000. As many as 100,000 individuals awaiting their day in court may be impacted if the shutdown continues through the end of January.

Each week the shutdown continues the practical effect is to add thousands of cases back onto the active case backlog which had already topped eight-hundred thousand (809,041) as of the end of last November. Individuals impacted by these cancellations may have already being waiting two, three, or even four years for their day in court, and now may have to wait years more before their hearing can be rescheduled once the shutdown ends.

Immigration Courts in California have experienced the most hearing cancellations – an estimated 9,424 as of January 11. These and many more details are based on analyses of court records by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

For state-by-state impacts, see the full report at:

http://trac.syr.edu/immigration/reports/543

In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through November 2018. For an index to the full list of TRAC’s immigration tools go to:

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

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

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

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

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

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563

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But, that’s not all folks!

Amy Taxin reports for NBC LA:

https://apple.news/AB_FhnUCjSkylre8-ue8cZQ 

The partial government shutdown over President Donald Trump’s demand for a border wall is playing havoc with the nation’s already backlogged immigration courts, forcing the postponement of hearings for thousands of immigrants.

For some of those asking for asylum in the U.S., the impasse could mean years more of waiting — and prolonged separation from loved ones overseas — until they get a new court date.

But for those immigrants with little chance of winning their bids to stay in this country legally, the shutdown could help them stave off deportation that much longer — adding to the very delays the Trump administration has railed against.

“It is just dripping with irony,” said Sarah Pierce, policy analyst at the nonpartisan Migration Policy Institute. “This administration has put a lot of emphasis on speeding up court cases, and the shutdown obviously is just going to cause massive delays.”

The shutdown has furloughed hundreds of thousands of government employees and halted services that aren’t deemed essential, including, in many instances, the immigration courts overseen by the Justice Department.

Hearings involved detained immigrants are still going forward. But untold thousands of other proceedings have been postponed. No one knows for how long; it depends on when employees return to work and hearings can be reset.

Immigration experts said cases could be delayed months or years since the courts have more than 800,000 pending cases, according to the Transactional Records Access Clearinghouse at Syracuse University, and many courtrooms are tightly booked.

Immigration Judge Dana Marks, former president of the National Association of Immigration Judges, said she has at least 60 hearings a day in her San Francisco courtroom and no space on her docket for at least the next three years.

“The cases that are not being heard now — there is no readily available place to reschedule them until at least 2022 or beyond,” Marks said of her courtroom.

Immigration judges hear a wide range of complex cases from immigrants from across the world, some who have recently arrived in the United States, others who have lived in the country for years and the government is seeking to deport.

Immigration judges have long sought more staffing to handle the ballooning caseload, which has roughly doubled in five years following a surge in Central American children and families arriving at the southern border. The Trump administration has tried to speed up the courts by assigning immigration judges quotas and stopping them from shelving cases.

Some of the toughest cases immigration judges hear are claims for asylum, or protection from persecution. And long wait times can be especially difficult for asylum seekers, since they can’t bring spouses or children to join them in the United States unless their asylum requests are approved.

Reynold Finnegan, an immigration attorney in Los Angeles, said one of his Afghan clients hasn’t seen his wife or children in nearly nine years. After being kidnapped and tortured by the Taliban, the man left his homeland, traveled across the world and made his way to the U.S.-Mexico border to seek asylum, Finnegan said.

He waited more than six years for his final hearing before an immigration judge, but it was canceled last week because of the shutdown, and he doesn’t know how much longer it will take.

“He is devastated,” Finnegan said. “He was really planning on seeing his wife later in the year when he got approved, and his children.”

Since the shutdown began in December, immigrants have had to prepare for their scheduled court hearings and in many cases travel to court, knowing the proceedings might be postponed. In Northern states, that can mean hourslong car trips through ice and snow and taking days off from work.

The delays are painful for many immigrants, especially those who have strong asylum claims or green card applications and want to get their lives on solid footing in the United States.

Those with the weakest asylum claims actually benefit from the delays, because they are able to remain in the U.S. in the meantime and hold out hope of qualifying for legal status by some other means down the road.

In the 2017 fiscal year, immigration courts decided more than 52,000 asylum cases. About 1 in 5 were approved, according to statistics from the courts.

Courts have been crippled by a government shutdown. More than 37,000 immigration hearings were delayed by one in 2013.

And it isn’t just immigration courts that are affected. Since Justice Department attorneys are allowed to work in limited circumstances only, some high-profile civil cases have been put on hold, including a lawsuit in Oregon by the widow of Robert “LaVoy” Finicum, a man shot by police in 2016 after the takeover of a wildlife refuge.

Government attorneys have also sought to put on hold environmental cases, including challenges to logging projects and wild horse roundups in Montana and a lawsuit over the disposal in Oklahoma of toxic coal ash from power plants.

Most major criminal cases are expected to stay on track because of federal requirements for a speedy trial.

One aspect of immigration unaffected by the shutdown is the review of applications for green cards and citizenship. That’s because those tasks, which are handled by an agency in the Homeland Security Department, are paid for by application filing fees.

One asylum seeker, who spoke on condition of anonymity for fear of persecution in her home country, said the wait has been unbearable since her 2014 court date was twice delayed. It is now set for February.

“The past four years have been horrible enough, but this uncertainty, and my life being handled with such, I don’t know, no one cares, basically,” she said. “The process takes forever — just to get the date in front of the judge.”

Associated Press writers Dave Kolpack, Amy Forliti and Matthew Brown contributed to this report.

 

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But, wait!  That’s not all folks. There’s more!

Brittany Shoot @ Fortune writes that Immigration Court waiting times could double as a result of Trump’s shutdown!

https://apple.news/AEy1h1oc7RSux5Cdw1fo4PQ

The United States immigration courts are overburdened. Roughly 800,000 cases are portioned out between around 400 immigration judges, according to PBS NewsHour.And with the federal government shutdowncontinuing into its third week, applicants who have already waited years for their court date may now be shuttled to the back of the line, their hearings rescheduled as late as the 2022. This directly effects people’s everyday lives, as immigration status impacts basics such as the ability to get a work permit.

Focus on immigration enforcement under the Department of Homeland Security may be up, but the immigration courts, which fall under the Department of Justice, have not been given much attention despite the record-high demand for hearings that has been growing over the past decade. Judge Dana Leigh Marks, president emeritus of the National Association of Immigration Judges, told NewsHour the effects of the shutdown are having a “devastating impact.” San Francisco-based Judge Marks says that her own caseload of nearly 4,000 dockets includes cases that are already several years old. With no scheduling slots available, she says those cases may be reset to another date several years in the future.

Non-detained immigrants make up about 90% of judges’ caseloads, and those cases can end up involving anything from asylum decisions to deportations. The other 10% of cases, those for immigrants who are detained by immigration officials, are the only ones that can be processed during the shutdown. And that’s why the vast majority of those waiting for a hearing will simply be moved to the back of the line again.

The effects of the record-long government shutdownare also touching the lives of everyone from private-sector contractorsto Transportation Security Administration (TSA) agents and travelers. And if the shutdown continues for another two weeks, its cost to the economy will surpass $5.7 billion, the amount it would cost to build President Trump’s border wall.

Visit FORTUNE.com

 

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Yeah, it’s going to continue to get worse until the shutdown ends and the Immigration Courts are removed from the DOJ.

Also, don’t let Trump, the DOJ, or any of their apologists in Congress or elsewhere “con” you into blaming the largely contrived “flood of asylum applicants” for this. We must stop “blaming the victims” for the lousy policies and gross incompetence of this Administration!

The Immigration Court has been in trouble and should have been fixed years ago. But, Trump, Sessions, Nielsen, and Miller intentionally have made things much, much worse—with no hope of improvement in sight.

Returning Due Process and fairness as the primary focus of these courts as well as placing them under professional court administration working for the Immigration Judges, not bureaucrats in Washington or Falls Church, wouldn’t solve the current immigration issues overnight. But, it certainly would be a head start and a beginning of a solution. That’s one heck of an improvement over the “downward spiral” promoted by this Administration. And, it wouldn’t cost $5.7 billion to fix, either!

PWS

01-15-19

 

 

NOT IN OUR BACK YARDS! – Border Residents Pledge To Fight Inch By Inch To Keep Trump From Grabbing Their Land For Wall!

https://www.washingtonpost.com/national/texas-landowners-dig-in-to-fight-trumps-border-wall/2019/01/09/89bb3b4e-145a-11e9-ab79-30cd4f7926f2_story.html

Nomaan Merchant of AP reports in WashPost:

HIDALGO, Texas — As President Donald Trump travels to the border in Texas to make the case for his $5.7 billion wall, landowner Eloisa Cavazos says she knows firsthand how the project will play out if the White House gets its way.

The federal government has started surveying land along the border in Texas and announced plans to start construction next month. Rather than surrender their land, some property owners are digging in, vowing to reject buyout offers and preparing to fight the administration in court.

“You could give me a trillion dollars and I wouldn’t take it,” said Cavazos, whose land sits along the Rio Grande, the river separating the U.S. and Mexico in Texas. “It’s not about money.”

. . . .

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Read the complete story at the above link.

I remember a “time long ago and far away” when the GOP was the staunch champion of private property rights against the incursions of Government (having had some contact with eminent domain, vehicle and vessel seizure, and entry onto “open lands” for law enforcement purposes during my past life at the “Legacy INS”). That was then; this is now! Does the GOP really believe in anything these days? Not apparent to me.

PWS

01-13-19

SCOFFLAW WATCH: FEDERAL JUDGE IN SEATTLE CLEARS WAY FOR DUE PROCESS CLAIM AGAINST ADMINISTRATION’S MISTREATMENT OF DETAINED ASYLUM SEEKERS!

 

https://www.washingtonpost.com/national/judge-declines-to-dismiss-challenge-to-us-asylum-delays/2018/12/12/3526a89c-fe3f-11e8-a17e-162b712e8fc2_story.html

Gene Johnson reports for AP in the WashPost:

SEATTLE — Immigrant rights activists can continue to challenge what they describe as unlawful U.S. government delays in asylum cases, a federal judge has ruled.

U.S. District Judge Marsha Pechman in Seattle dismissed some arguments raised by the lawsuit in a ruling Tuesday, but she said the activists can pursue their claim that the delays violate the due process rights of detained asylum seekers across the country. The government sought to dismiss the case.

The Seattle-based Northwest Immigrant Rights Project filed the lawsuit in June against U.S. Immigration and Customs Enforcement, which said through a spokeswoman Wednesday that it does not comment on pending litigation.

According to the complaint, migrants seeking asylum after entering the U.S. illegally have had to wait weeks or months for their initial asylum interviews, at which an immigration officer determines whether they have a credible fear of persecution or torture in their home country. After that, there have been long delays in getting bond hearings, which determine whether an asylum seeker will be released from custody as the case proceeds.

The group initially filed the lawsuit in response to the administration’s family separations at the U.S.-Mexico border, saying the delays had kept mothers detained at the Northwest Detention Center in Tacoma, Washington, from being reunited with their children in immigration custody across the country. Those plaintiffs have since been released, but the lawsuit seeks class-action status on behalf of thousands of asylum seekers.

The complaint asks the judge to order the government to make credible fear determinations within 10 days and to conduct bond hearings within seven days of an asylum seeker’s request for one.

Pechman disagreed, saying that because the detainees had crossed into the U.S. they were entitled to greater constitutional protections than the government claimed.

“Simply put, are they ‘excludable aliens’ with little or no due process rights, or are they aliens who are in the country illegally, but nevertheless in the country such that their presence entitles them to certain constitutional protections?” she wrote. “Plaintiffs have adequately plead that they were within the borders of this country without permission when detained, and thus enjoy inherent constitutional due process protections.”

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Despite all of their disingenuous whining about being required to follow the law by mere judges, and Trump’s successful effort to fill the Federal Courts with right-wing jurists, there will be plenty more well deserved defeats for this lawless Administration.

Even the most conservative jurists tend to have a concept of the Constitution, the law, and fairness. Trump and his minions, including particularly his stooges at the DOJ, have little concern for law of any type except when it happens to advance their political agenda.  It’s just a political game for them, driven by an anti-American, racist, White Nationalist agenda. That’s not likely to be a successful long-range litigation strategy with judges across the philosophical spectrum.

Many judges are going to require the Administration to comply with Due Process, as is happening here. Significantly, Judge Pechman gave short shrift to the DOJ’s argument that individuals detained at or near the border have no Due Process rights.

PWS

12-13-18