"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
After the death of seven-year-old Jakelin Amei Rosmery Caal Maquin, the US Department of Homeland Security asked parents to “not put themselves or their children at risk attempting to enter illegally”. Instead they urged: “Please present yourselves at a port of entry and seek to enter legally and safely.”
But what the US authorities failed to acknowledge after the young girl’s death just after she was taken into US custody, was just how difficult it is to ask for asylum at any port of entry into the US along the sprawling border with Mexico.
Those seeking asylum – like Guatemalan migrants Jakelin and her father – face a difficult task in actually making a claim, something that often forces migrants to instead risk their lives in illegal treks across the desert. This is especially true at the more than 40 smaller border crossings, such as the one nearest to where the Maquins crossed.
Advocates say it has become increasingly and deliberately difficult to claim asylum at these remote spots. Migrants are often illegally turned away, despite a constant threat of violence from drug gangs, traffickers, smugglers and even the local police. They say that it is only when local activists try to exert pressure on border officials that asylum claims are logged. When no one is watching, it becomes almost impossible.
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Just take Alberto’s example. If Alberto, who does not want his real name used out of a fear of retribution, had known the extent of cartel control in the small Mexican border town before he showed up there one month ago, he says he never would have come.
“I would have stayed in Mexico City and asked for asylum there,” he said. But by the time he was kidnapped, thrown out of a truck with a bag over his head, and told he would be killed if the men with guns ever saw him again, it was too late. Alberto had to seek asylum immediately.
Alberto spent a sleepless week at a northern Mexican shelter, trying to figure out how to present an asylum claim. He heard from a Nicaraguan man that the nearest US port of entry, Lukeville, was not accepting claims and that border agents had thrown out the man by his shirt collar. But Alberto tried anyway. On 28 November, he presented himself to make a claim with accompaniment from the shelter. He too was turned away, after officials told him Lukeville was not a 24-hour port of entry and despite his fears he could be killed for hanging around on the border.
A sign warns against illegal smuggling and immigration near Lukeville, Arizona. Photograph: Jim Watson/AFP/Getty Images
Antelope Wells, the closest port of entry to where Jakelin and her father crossed, receives possibly the least amount of traffic of any port of entry across the US-Mexican border. “There is literally nothing there,” said Nia Rucker of the New Mexico American Civil Liberties Union (ACLU).
Those who monitor the border describe just how hard making a claim there can be. Juan Ortiz, a University of Arizona PhD candidate, took the four-hour drive from Tucson on 17 December to see Antelope Wells for himself. The two border officers on duty that day told him they would discourage people from seeking asylum there at a port with such limited capacity.
Experts and advocates up and down the border share a similar skepticism of small border posts. Though US border officials say asylum seekers are being accepted at all border ports of entry, activists who have tested the system paint a similar picture of US officials unwilling or unable to accept asylum claims – no matter that the administration is asking migrants to present themselves there.
Francisco Lemus of the Aguilas del Desierto was told at Tecate, California, that claims could only be processed in San Ysidro or Calexico. Christina Patiño Houle of the Equal Voices Network said Progreso, Texas, had not been accepting claims, nor had Roma, Texas, last time she checked. Instead they were sending asylum seekers to Hidalgo, Texas, the border town to Reynosa, which has been dubbed “the migrant kidnapping capital” of Mexico.
At other small posts such as Sasabe, Arizona, and Del Rio, Texas, local advocates had not heard of any migrants recently seeking asylum.
Activists with legal not-for-profits simply do not have the resources to consistently monitor these remote outposts.
Mayor Ramón Rodríguez Prieto of Puerto Palomas, Chihuahua, has not yet even tried to pressure officials across the border in Columbus, New Mexico, to accept asylum claims. Three weeks ago three separate families showed up to his small municipal shelter reporting that they had been turned away.
Further south, in Piedras Negras, Catholic priest José Guadalupe Valdés Alvarado, or “Padre Pepe”, feels as if he himself is responsible for keeping the Eagle Pass, Texas, port of entry open. He runs the migrant shelter there and some days only one person is let in, others up to 10.
Border agents have told Valdés Alvarado that whether the port of entry accepts asylum seekers depends on whether he maintains order, that no one storms the wall or tries to cross the river. So the priest works hard, educating migrants on credible fears, pre-screening them before taking their names. The border agents’ word is not a guaranteed assurance, though: as an approaching caravan of migrants began to dominate headlines before the US midterm elections Eagle Pass stopped accepting asylum claims for the better part of a week.
Activists supporting the port of entry between Agua Prieta and Douglas, Arizona, also felt the impact of the caravan. The small, under-the-radar port had shuttled families with young children up to 10 at a time. But the number of asylum seekers received dropped substantially in mid-November. And when they began to bring a group of Central American transgender women to present themselves for asylum, the number of accepted claims lowered to just two per day.
Local attorney Perla Ramos said that all of a sudden, asylum seekers had to wait all night outside to enter the facility. Some women became ill, others got sick in the cold desert air.
Ramos isn’t afraid of Douglas closing its doors entirely. Groups on either side of the border have strong connections between churches, legal clinics and other solidarity organizations. They will try to keep a trickle of claims flowing.
But elsewhere on the border, Alberto has moved on. With outside support, Alberto was safely transported to a larger port of entry with legal teams, clergy, shelter coordinators and others ensuring that asylum claims there were being accepted. He was placed on a list, his number was called, and he is now awaiting an asylum hearing in detention.
He hopes it will work: “I mean, if I don’t get in now, I’m going to have to try again.” He admitted he feels that he has no other options. “If I didn’t die this time, I probably will next time. I don’t want that. It’s just really hard,” he said.
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Where’s the accountability when the Government is the one breaking the law? Given the advance intelligence, the amount of attention on the border, and the obscene amounts of money wasted by this Administration on “publicity stunts” like “troops to the border,” pursuing frivolous litigation, abusive and useless prosecutions, child separation, unnecessary detention, and aimlessly placing cases of immigrants who aren’t going anywhere on already overloaded court dockets, (not to mention the bogus “Wall” a/k/a “Trump’s Folly”) the processing “problems” could be solved.
What’s it going to take to make this Administration obey the law?
A federal judge on Wednesday struck down Justice Department rules that made it harder for asylum seekers to make successful claims based on fear of domestic abuse or gang violence, offering yet another judicial blow to the Trump administration’s efforts to unilaterally rewrite immigration law.
In his ruling, Judge Emmet Sullivan of the U.S. District Court in Washington concluded that the policies—which were rolled out by former Attorney General Jeff Sessions in June—were “arbitrary” and “capricious,” violating federal immigration law as crafted by Congress.
In his June order, Sessions sought to reverse a 2014 decision by the Board of Immigration Appeals, which held that victims of domestic violence may qualify for asylum. The BIA found at the time that women who are persecuted by their husbands but unable to leave their marriages or obtain help from law enforcement constitute a “particular social group,” one of the factors that would give them a right to seek asylum in the United States. A quirk in immigration law, however, permits the attorney general to singlehandedly reverse BIA decisions—and that’s precisely what Sessions tried to do, asserting that victims of domestic violence are not a “particular social group” because they are defined by their “vulnerability to private criminal activity” rather than a specific protected trait. He held that these women do not suffer true persecution because persecution is “something a government does.”
Sessions’ logic extended to victims of gang violence, since they, too, face persecution from private individuals, not directly from the government. He claimed that affected applicants may only receive asylum status if they demonstrate that their home government “condoned” violence against them, or demonstrated “complete helplessness” to stop it. “The mere fact that a country may have problems effectively policing certain crimes—such as domestic violence or gang violence—or that certain populations are more likely to be victims of crime cannot itself establish an asylum claim,” he wrote.
In response to Sessions’ ruling, the American Civil Liberties Union filed suit in August on behalf of a dozen asylum seekers, mostly women from Central America, fleeing sexual and physical violence. Asylum officers found the asylum seekers’ stories credible—but they were still scheduled for “expedited removal” because asylum officers found they did not have a “credible fear of persecution” under Sessions’ new rules.
On Wednesday, Sullivan rejected Sessions’ interpretation of the law. He found that “there is no legal basis for an effective categorical ban on domestic violence and gang-related claims.” Like other asylum-seekers, would-be refugees who bring these claims have a right to a credible fear interview; the attorney general cannot carve out an exception with no basis in the text of the statute. Sullivan then repudiated Sessions’ cramped definition of “persecution.” Under federal statute, the judge wrote, a refugee faces persecution if her home government is “unable or unwilling to control” violence against her. She need not prove that the government refused to help her, an overly stringent standard that Sessions had no power to impose.
Finally, Sullivan found that victims of domestic abuse and gang violence may receive asylum as members of a “particular social group.” Not every victim will be permitted to remain in the U.S. But members of social groups—such as married women trapped in abusive relationships—may prove that their government was unable to protect them from violence, thus qualifying them for asylum. And the government must grant all such applicants credible fear interviews to determine who qualifies. Thanks to Sullivan’s order, asylum seekers denied an interview under Sessions’ policy will now be allowed to make their case.
Wednesday is not the first time a federal judge has found that the Trump administration has overstepped its ability to interpret immigration law, crossing over into unlawful policy-making in its campaign to curb immigration. This past summer, a District judge in San Diego ruled that family separation violated immigrants’ due process rights and ordered that the government reunite families that were separated under Trump’s “zero tolerance” policy. And just this month, the 9th U.S. Circuit Court of Appeals rebuked the administration for its attempt to rewrite a federal statute by denying asylum to immigrants who enter the country without authorization. The court affirmed an earlier decision by U.S. District Judge Jon S. Tigar holding that the new policy was unlawful. “Whatever the scope of the president’s authority,” Tigar wrote, “he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.”
The Trump administration would do well to heed Tigar’s warning. Over and over again, the president and his allies have tried to deport more asylum applicants by misreading or simply ignoring immigration statutes. These actions are unlawfully capricious, as Sullivan sternly reminded the country on Wednesday. His message is clear: The president and attorney general have no right to manipulate the law to accomplish their nativist agenda.
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This Administration has total contempt for Federal Courts and the rule of law. Just look at the ways in which the usually disingenuous Sessions routinely abused that term, along with his many bogus narratives and “legal positions” that were thinly veneered White Nationalist restrictionist “talking points.”
And, the Solicitor General and career lawyers in the DOJ whose job is supposed to be to uphold legal and ethical standards as “officers of the court” have gone “belly up.” They are obviously afraid to “just say no” to some of the invidiously motivated and semi-frivolous legal positions put forth by this Administration, particularly by Sessions, that are tying up the Federal Courts.
As I have predicted, I think that this Administration will put an end to the de facto role of the Solicitor’s General’s Office as the “Tenth Justice” and has also destroyed the “extra credibility” that Federal Courts traditionally assumed from DOJ lawyers by virtue of their oaths of office and the idea that they “speak for justice” rather than presenting the often more parochial interests of an individual client. Perhaps it’s just as well as the much touted “independence” of the DOJ has steadily become more myth than reality over the past three Administrations.
That doesn’t mean that we shouldn’t expect better from DOJ lawyers. But, that’s not likely to happen without some “regime change” and a Senate that takes their “advice and consent” role more seriously.
As a former United States Immigration Judge, Chair of the U.S. Board of Immigration Appeals, and Acting General Counsel and Deputy General Counsel of the “Legacy INS” involved in developing the Refugee Act of 1980, I am deeply gratified by the decision of U.S. District Judge Emmet G. Sullivan today in Grace v. Whitaker. Judge Sullivan strongly supports the rule of law and the generous humanitarian protections and procedural rights afforded by Congress to vulnerable asylum seekers against a lawless and unjustified attack by former Attorney General Sessions in Matter of A-B-, 27 I&N Dec. 316 (AG 2018) and the largely erroneous Policy Memorandum incorporating that decision issued by the Department of Homeland Security (“DHS”).
Among the most important holdings, Judge Sullivan:
Reaffirmed the duty of the Executive Branch to comply with the rule of law as enacted by Congress to protect individuals fleeing persecution;
Reaffirmed the generous humanitarian intent of the asylum provisions of the Refugee Act of 1980;
Recognized the generous “well-founded fear” (10% chance) standard for asylum as enunciated by the U.S. Supreme Court in 1987 in INS v. Cardoza-Fonseca;
Reaffirmed the “extraordinarily low” bar for applicants in “credible fear” interviews before DHS Asylum Officers: “to prevail at a credible fear interview, the alien need only show a ‘significant possibility’ of a one in ten chance of persecution, i.e., a fraction of ten percent;”
Found that Congress intended that the term “particular social group” must be interpreted generously in accordance with the United Nations’ guidance;
Rejected Sessions’s unlawful attempt to generally preclude domestic violence and gang-related claims from qualifying for asylum;
Reaffirmed the necessity of case-by-case determinations of credible fear and asylum;
Rejected Session’s unlawful attempt to engraft a “condoned or completely helpless” requirement on the interpretation of when a foreign government is “unwilling or unable” to protect an individual from persecution by a private party;
Reaffirmed Congress’s unambiguous understanding that persecution means “harm or suffering . . . inflicted either by the government of a country or by persons or an organization that the government was unable or unwilling to control;”
Rejected DHS’s misinterpretation of the “circularity requirement” in the Policy Memorandum;
Rejected the Department of Justice’s disingenuous argument that Article III Courts must “defer” to administrative interpretations of Article III Court decisions;
Rejected the Policy Memorandum’s illegal requirement that an asylum applicant (usually unrepresented) “delineate” the scope of a particular social group at the credible fear interview;
Emphatically rejected the Policy Memorandum’s attempt to elevate administrative precedents over the conflicting decisions of U.S. Courts of Appeals.
Judge Sullivan’s cogent decision dramatically highlights the problems with an U.S. Immigration Court system that is controlled by political officials, like former Attorney General Sessions, who are not fair and impartial judicial officials and whose actions may be (and in Sessions’s case definitely were) driven by political philosophies and enforcement objectives inconsistent with judicial responsibilities to insure that non-citizens are fairly considered for and when appropriate granted the important, often life-saving, protections conferred by law and guaranteed by due process. A clearly biased political official like Jeff Sessions should ethically never been permitted to act in a quasi-judicial capacity.
As a result of Sessions’s anti-immigrant bias, unlawful actions, and gross mismanagement of the Immigration Courts, innocent lives have been endangered and one of our largest American court systems has been driven to the precipice with an uncontrolled (yet unnecessary) backlog of over 1.1 million cases and crippling quality control issues. When it finally plunges over, it will take a large chunk of our American justice system and the Constitutional protections we all rely upon with it!
Congress must create an independent Article I United States Immigration Court to ensure that the immigration and refugee laws enacted by Congress are applied to individuals in a fair, efficient, and impartial manner.
Many, many thanks to the ACLU and all of the other wonderful pro bono lawyers who stood up for the rule of law and the rights of the most vulnerable among us against the intentionally illegal actions and unethical behavior of this Administration.
A 7-year-old girl from Guatemala died of dehydration and shock after she was taken into Border Patrol custody last week for crossing from Mexico into the United States illegally with her father and a large group of migrants along a remote span of New Mexico desert, U.S. Customs and Border Protection said Thursday. . . .
According to CBP records, the girl and her father were taken into custody about 10 p.m. Dec. 6 south of Lordsburg, N.M., as part of a group of 163 people who approached U.S. agents to turn themselves in.
More than eight hours later, the child began having seizures at 6:25 a.m., CBP records show. Emergency responders, who arrived soon after, measured her body temperature at 105.7 degrees, and according to a statement from CBP, she “reportedly had not eaten or consumed water for several days.”
The Department of Homeland Security’s statement in response to reports of the child’s death was a moral and legal disgrace:
Traveling north through Mexico illegally in an attempt to reach the United States, is extremely dangerous. Drug cartels, human smugglers and the elements pose deadly risks to anyone who seeks to cross our border illegally. Border Patrol always takes care of individuals in their custody and does everything in their power to keep people safe. Every year the Border Patrol saves hundreds of people who are overcome by the elements between our ports of entry. Unfortunately, despite our best efforts and the best efforts of the medical team treating the child, we were unable to stop this tragedy from occurring.
“Once again, we are begging parents to not put themselves or their children at risk attempting to enter illegally. Please present yourselves at a port of entry and seek to enter legally and safely.”
For starters, the federal government is responsible for the health and welfare of anyone it detains — whether it is a criminal in a prison, a child in its foster-care system or families detained at the border. Regardless of what the children’s parents did or did not do, the United States has an obligation to the children the moment it detains them. Not to give food and water, or to check the health of those it has in custody, is inexcusable. Blaming the parents as Homeland Security Secretary Kirstjen Nielsen did (“This is just a very sad example of the dangers of this journey. This family chose to cross illegally”) reflects her legal and moral obtuseness. In our care, the child’s welfare became ourresponsibility.
“This tragedy represents the worst possible outcome when people, including children, are held in inhumane conditions,” the ACLU’s Border Rights Center said in a statement. “Lack of accountability, and a culture of cruelty within CBP have exacerbated policies that lead to migrant deaths.” The ACLU continued, “In 2017, migrant deaths increased even as the number of border crossings dramatically decreased. When the Trump administration pushes for the militarization of the border, including more border wall construction, they are driving people fleeing violence into the deadliest desert regions.” The statement pointed out that the incident wasn’t reported for a week. “We call for a rigorous investigation into how this tragedy happened and serious reforms to prevent future deaths,” the statement concluded.
Frank Sharry, executive director of America’s Voice, a progressive pro-immigration group, also responded. Sharry pointed out that a “tragic and preventable death of an innocent seven-year old girl should not be seen as a mistake made in an otherwise humane system, but rather a deliberately cruel and dehumanizing system that has produced yet another death.” His statement asserted that CBP’s holding facilities are characterized by “freezing temperatures, no beds, lights left on, no showers, not enough toilets or toilet paper, filthy conditions, horrible smell, inedible food and not enough clean water to drink, and [are] run by insulting and abusive agents.” The system the administration has set up is seemingly designed to inflict the maximum amount of suffering in a failed attempt to deter migrants:
[The] strategy has many components: tell those who want asylum to request it at ports of entry while making it nearly impossible to request asylum at ports of entry; prosecute those who present themselves to Border Patrol agents between ports of entry for “illegal entry;” separate families in numbers large (now halted by a federal judge) and small (under the flimsy pretext of protecting children from “criminal family members”); detain as long as possible those who seek asylum; lock up minors who arrive unaccompanied minors and scare away their U.S.-residing parents and relatives who want to sponsor them by threatening to arrest and detain those who come forward; and gut asylum standards by unilaterally changing the bases for deciding cases, pressuring trained Asylum Officers to reduce their high rates of deeming Central Americans as having a credible fear of return, and bullying Immigration Judges to deny cases when finally adjudicated.
Now if a pregnant migrant asserts her right to seek an abortion, this administration will go to any lengths to protect the life of the unborn child; for the already-born minors (and adults) in its custody, however, the administration cannot be bothered to ensure humane and safe conditions.
Under the Republican-majority House and Senate, rigorous oversight of the Department of Homeland Security and legislation to try to ameliorate these conditions were all but impossible. With a Democratic-majority House, this will no longer be the case. The House Judiciary Committee will be headed by Jerrold Nadler (D-N.Y.) in the new Congress. He left no doubt as to his intention to get to the bottom of the tragedy and the conditions that allowed this to occur:
On Friday, Nadler and Democrats who will head House Judiciary subcommittees sent a letter to the inspector general for the Department of Homeland Security requesting the IG “initiate an investigation into this incident, as well as CBP policies or practices that may have contributed to the child’s death [and] CBP’s failure to timely notify Congress of this incident.” The letter told the IG, “It is hard to overstate our frustration with the fact that we learned of this incident through media reports one week after the incident occurred. It is clear that CBP failed to follow the reporting requirements laid out in last year’s omnibus appropriations bill until after the news of this death was already public.”
With adequate border security and staffing, a sufficient number of immigration judges deployed to handle the caseload, reversal of the administration’s deliberately cruel policies, and effective diplomacy with and provision of assistance to the countries from which these people are fleeing for their lives, the current, intolerable situation should improve.
It’s a cruel irony that Trump has portrayed refugees as a threat to Americans. In fact, the reverse is true.
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Rubin is right. Part of this Administration’s cruel scheme here is to deflect attention from the real threat to our national security and Constitution presented by Trump and his corrupt, scofflaw gang. And, in the long disgraceful tradition of cowards, bullies, and authoritarians, he does so by attacking the most vulnerable and least able to defend themselves, playing on racism and nationalist jingoism.
That’s why the New Due Process Army is such an important force for protecting the human and legal rights of migrants, and by so doing, protecting the rights of all Americans against Executive abuse!
MEXICO CITY, Dec. 10 (UPI) — New data about the number of asylum applications granted by the United States this year show how the Trump administration has dramatically narrowed asylum granted to people fleeing persecution in their home countries — though significantly more Central Americans have been admitted over the past decade.
“Asylum acceptance rates are at a 20-year low, and the recent TRAC data confirms that,” said Sarah Pierce, policy analyst for the non-partisan and independent Migration Policy Institute, referring to data from the Transactional Records Access Clearinghouse.
For fiscal 2018, TRAC’s statistics show immigration judges denied 65 percent of asylum claims — up from 42 percent in 2017. There were 42,224 asylum cases decided in 2018, an 89 percent increase over the total number of cases decided in 2016.
Due to a backlog in the immigration system, some asylum seekers have been able to live in the United States for three years to five years while their claims are adjudicated, a situation the administration has tried to address by changing some rules and practices.
“This administration is trying to address people who are trying to take advantage of the system. But unfortunately this administration’s approach tends to punish asylum seekers rather than just specifically looking at those individuals who are taking advantage of the system,” Pierce said.
The administration’s broad approach to all asylum seekers has had the effect of narrowing asylum by increasing immigration judges’ workloads by setting quotas, ending discretionary decision making and rewriting immigration rules to deny relief to asylum seekers fleeing domestic and gang violence.
Immigration experts told UPI the administration’s changes to how immigration judges work has spiked a general increase in asylum denials.
Northern Triangle
There has been an increased flow of asylum seekers from Central American countries, particularly those from the Northern Triangle countries of Honduras, El Salvador and Guatemala.
And the fact that more of them are getting approved shows they are “sincere humanitarian migrants,” Pierce said.
A new TRAC tool shows Central Americans now fare better than in previous years. Salvadorans receive asylum in rates higher than Guatemalans or Hondurans. In 2004, Salvadorans’ asylum approval rate was 6 percent. In 2018, it rose to 23 percent. Guatemala’s grant rate in 2018 was 18 percent, the lowest of three countries, with Honduras at 20 percent.
Pierce said that changes in immigration law under the Obama administration help account for significant changes in asylum approval rates for people fleeing the Northern Triangle. Immigration judges over the past decade were more accepting of domestic and gang violence as grounds for asylum, with successes helping to develop case law.
The rise in asylum for Salvadorans has to do with direct violent threats, rather than domestic violence, which is a common claim among Guatemalan asylum seekers, or gang violence, common among Hondurans.
“The circumstantial evidence suggests El Salvador tends to have the most direct violent threats,” said Everard Meade said, director of the Trans-Border Institute at the University of San Diego.
Data comparing the Northern Triangle countries’ asylum seekers’ claims is hard to come by. However, Meade said in 2014 the United Nations High Commissioner for Refugees issued its report, “Children on the Run,” about unaccompanied Central American minors highlighting direct violence in El Salvador as a reason for flight. UNHCR interviewed almost 400 children with 66 percent of El Salvadorans reporting flight for threat of direct violence Guatemalans reported 20 percent, Hondurans at 44 percent.
But Central Americans’ asylum approvals might be a blip. Former Attorney General Jeff Sessions this year removed domestic violence and gang violence as grounds for asylum in immigration court proceedings.
“These private acts of violence claims are typically the ones we are seeing from the Northern Triangle,” Pierce said, “including El Salvador.”
Discretionary decision-making
The general picture, however, is that more people are failing to win asylum than ever before because the Trump administration has changed how judges work.
“The asylum decisions and denial data for fiscal year 2018 is really about discretionary relief that used to be available under [President Barack] Obama but is not available under [President Donald] Trump anymore,” Meade said.
Prior to Trump-Sessions, immigration judges used to employ a form of discretionary relief called administrative closure. This was a form of temporary protection against deportation that did not grant any permanent immigration status, unlike asylum, which is a pathway to citizenship.
“Immigration judges had people coming before them who had really compelling stories but those stories did not necessarily cleave close enough to the asylum standard to grant them asylum. But the judges really felt they did not want to return them to dangerous situations, either. They also felt they were people who were credible, who had told the truth, and so they were administratively closing their cases,” Meade said.
The practice of administrative closure ended this year with a Sessions memorandum.
“Administrative closure was a widespread practice and that is exactly what explains how the denial rate can go up so dramatically without the grant rate going down. Actually, the grant rate has gone up. In defense of the institutions, the modest increase in the grant rates suggest people have some really good asylum claims,” Meade said.
The situation in El Paso
Carlos Spector, a veteran El Paso immigration lawyer, said that although the asylum rate has increased nationwide, there is little evidence of successful asylum claims in El Paso’s immigration court.
“This year, I have lost some asylum cases that had really compelling claims,” Spector said, adding that 98 percent of his clients are Mexican.
Mexicans generally do not fare well in immigration court. In 2018, 14.5 percent of Mexican asylum seekers received asylum. Part of the reason is that immigration judges were administratively closing cases, protecting from deportation but stopping short of permanent relief.
For 2018, the latest TRAC data reveal El Paso’s immigration judges reviewed 297 cases, granting asylum 47 times. In 2017, they reviewed 148 cases and granted asylum 12 times. These low asylum rates, some of the lowest in the nation, mean El Paso’s immigration judges have a reputation for enforcing law and order, Spector said.
“I’ve been tracking asylum cases of Mexican nationals for the past few years and it is more or less the same rate along the border from San Diego to Brownsville,” Spector said.
“Because we are on the border and these judges are political appointees and these judges do understand the government’s mandate of holding or guarding the border and they take that law enforcement approach,” Spector said, “the denials are much, much higher on the U.S.-Mexico border, and they always have been.”
TRAC compiled asylum approval and denial statistics for fiscal year 2018, the first full year of Trump’s presidency, based on Freedom Of Information Act requests to the Justice Department’s Executive Office of Immigration Review, the agency charged with adjudicating defensive asylum claims in immigration court.
Photoby Ariana Drehsler/UPI : Jose Hernández, 17, styles his hair at El Barretal shelter in Tijuana, Mexico, on Dec. 9, 2018.
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Just as I have been saying all along! The Trump Administration’s claim that low asylum approval rates indicate the system is being “gamed” by applicants is a bogus cover up. Even taken at “face value,” a 20-25% chance of being granted asylum hardly shows a system being “gamed.” At most, it shows that Immigration Judges are applying a much more restrictive standard than Asylum Officers considering “credible fear” claims at the border. Far from being “gaming,” that would be consistent with (although not necessarily required by) an intentionally much more generous standard for getting a fair adjudication in a removal hearing (“passing credible fear”) than for actually achieving relief (“a favorable order from an Immigration Judge after a full merits hearing”).
But, what really appears to be going on here are artificially restrictive, politically inspired “tweaks” to asylum law and procedures specifically intended to disadvantage those in danger from the Northern Triangle. Additionally, inappropriate detention policies are intended to force many more applicants to proceed without lawyers or to abandon appeals — making it like “shooting fish in a barrel” for those Immigration Judges with a predilection to deny relief who are under great pressure to “produce” more final orders of removal. It also appears that a disturbing number of Immigration Judges along the Southern Border view themselves as agents of DHS and Administration enforcement policies, rather than as fair and impartial decision makers committed to giving asylum seekers the “benefit of the doubt” under the law.
This all adds up to what appears to me to be a significant “cover up” of politicized wrong-doing and a mass denial of Due Process orchestrated by the Administration through the Department of Justice.
Why are the Administration, DHS, and DOJ so afraid of giving asylum applicants fair access to lawyers, time to prepare and document their cases, and timely fair hearings before impartial quasi-judicial adjudicators whose sole focus is getting the right substantive result, rather than achieving some type of assembly line enforcement-related “production quotas?”
Why waste time on “gimmicks” — most of which eventually prove to be illegal, ineffective, or both — rather than concentrating on getting to the merits of these cases in a timely manner and “letting the chips fall where they may.”
Surely, among a largely artificially created 1.1 million case “backlog” there are hundreds of thousands of cases that could be “administratively closed” as an exercise of prosecutorial discretion to allow more recently arrived cases to be timely heard without increasing backlogs or creating further wasteful “Aimless Docket Reshuffling.”
Eventually, the “mask will be ripped off” what’s really happening in our U.S. Immigration Court system. When that happens, the results could be ugly and damaging to the reputations of those orchestrating and enabling what certainly appears to be a disgraceful and intentional miscarriage of justice!
Julie Hirshfield Davis and Michael Tackett report for the NY Times:
WASHINGTON — President Trump on Tuesday vowed to block full funding for the government if Democrats refuse to embrace his demand for a border wall, saying he was “proud to shut down the government for border security” in an extraordinarily public altercation with Democratic congressional leaders at the White House.
“If we don’t have border security, we’ll shut down the government — this country needs border security,” Mr. Trump declared in the Oval Office, engaging in a testy back-and-forth with Senator Chuck Schumer of New York and Representative Nancy Pelosi of California, even as they repeatedly asked him to keep their negotiating disputes private.
“It’s not bad, Nancy; it’s called transparency,” Mr. Trump snapped after one such interjection by Ms. Pelosi, who appeared to trigger the president’s temper when she raised the prospect of a “Trump shutdown” over what she characterized as an ineffective and wasteful wall.
“The American people recognize that we must keep government open, that a shutdown is not worth anything, and that we should not have a Trump shutdown,” Ms. Pelosi said.
. . . .
Mr. Trump had begun the day appearing to soften his stance somewhat on the wall. In a series of morning tweets, he falsely stated that substantial sections of the “Great Wall” on the southwestern border that he has long championed have already been completed, and he suggested that his administration could continue construction whether Democrats fund it or not.
That would be illegal, but it suggested that he was looking for a way to keep the government funded past Dec. 21, even if Democrats balk at wall funding.
. . . .
“People do not yet realize how much of the Wall, including really effective renovation, has already been built,” Mr. Trump wrote in one of the messages. “If the Democrats do not give us the votes to secure our Country, the Military will build the remaining sections of the Wall. They know how important it is!”
. . . .
It was not clear what Mr. Trump was referring to. American troops he dispatched to the border on the eve of midterm congressional elections as part of what the president called an effort to head off a migrant “invasion” have put up concertina wire along existing fences and barriers, but the administration has yet to spend much of the $1.3 billion Congress approved for border security last year. Under restrictions put in place by Congress, none of that money could be used to construct a new, concrete wall of the sort the president has said is vital.
The president does not have the legal authority to spend money appropriated for one purpose on another task, such as wall-building.
In a joint statement on Monday night, Mr. Schumer and Ms. Pelosi warned that the country could not afford a “Trump Shutdown.”
Read the rest of Julie’s and Mike’s report at the above link.
“Duh,” walls as an effective means of national security went out of vogue about the beginning of the fifth century CE. But, of course, you would have to understand something about history to know how useless walls currently are as a defensive mechanism (as opposed to one for keeping subjugated people “in” like the Berlin Wall). Ironically, some of the same folks who cheered the destruction of the Berlin Wall idiotically cheer for “Trump’s Folly.”
While a wall might kill some more migrants and force smugglers to change routes and raise fees accordingly, in terms of border security it’s a classic case of “good money after bad.” Indeed, the Government would do well to stop treating refugees and other would be migrants as “criminals” to instead concentrate on stopping drug smugglers, human traffickers, terrorists, and fraudsters who actually mean to do our country harm, rather than coming in to pick our crops, make our food, build our houses, care for our sick, elderly, and children etc.
Totally contrary to Trump’s false narrative, most of those arriving at our Southern Border by “caravan” these days are not threats to the U.S. At worst, some are desperate individuals who probably face some real dangers in their home countries but don’t fit our rather arcane, restrictive, and unduly legalistic applications of refugee and asylum laws. The ones who belong should be screened, let in, and assimilated. The ones who don’t, after having a fair opportunity to present their claims for refuge, should be returned in a humane and respectful manner.
Yes, there appears to be a very small number of “bad guys” who have “infiltrated” the caravans, probably as much to prey on the vulnerable migrants as to reach the U.S. The current system appears more than adequate to identify these individuals and block their entry or promptly remove them. And, the system could and would work even better if the Administration separated border security functions from asylum adjudication functions. But, that might not provide “red meat” to a political base.
So, perhaps we can look forward to a “Trump Shutdown” over “Trump’s Folly!”
Glenn Kessler and Joe Fox report for the Washington Post:
The Fact Checker has evaluated false statements President Trump has made repeatedly and analyzed how often he reiterates them. The claims included here – which we’re calling “Bottomless Pinocchios” – are limited to ones that he has repeated 20 times and were rated as Three or Four Pinocchios by the Fact Checker.
The Trump tax cut was the biggest in history
Trump repeated some version of this claim 123 times
Even before President Trump’s tax cut was crafted, he promised it would be the biggest in U.S. history – bigger than Ronald Reagan’s 1981 tax cut. Reagan’s tax cut amounted to 2.9 percent of the gross domestic product and none of the proposals under consideration came close to that level. Yet Trump persisted in this fiction even when the tax cut was eventually crafted to be the equivalent of 0.9 percent of GDP, making it the eighth largest tax cut in 100 years. This continues to be an all-purpose applause line in the president’s rallies. Read more
No, President Trump’s tax cut isn’t the ‘largest ever’
Overstating the size of U.S. trade deficits
Trump repeated some version of this claim 117 times
President Trump frequently overstates the size of trade deficits. But he tips into Four-Pinocchio territory with his repeated use of the word “lost” to describe a trade deficit. (Alternatively, he sometimes says China “made” or “took out” $500 billion.) Countries do not “lose” money on trade deficits. A trade deficit simply means that people in one country are buying more goods from another country than people in the second country are buying from the first country. Trade deficits are also affected by macroeconomic factors, such as currencies, economic growth, and savings and investment rates. Read more
Fact-checking Trump’s tough trade talk
The U.S. economy has never been stronger
Trump repeated some version of this claim 99 times
In June 2018, the president hit upon a new label for the U.S. economy: It was the greatest, the best or the strongest in U.S. history. The president can certainly brag about the state of the economy, but he runs into trouble when he repeatedly makes a play for the history books. By just about any important measure, the economy today is not doing as well as it did under Presidents Dwight D. Eisenhower, Lyndon B. Johnson or Bill Clinton — or Ulysses S. Grant. Read more
Is this the ‘best economy ever’?
Inflating our NATO spending
Trump repeated some version of this claim 87 times
During the presidential election, Trump consistently inflated the U.S. contribution to the North Atlantic Treaty Organization. Once he became president, his inaccuracy has persisted, but with a twist. He often claims that “billions and billions” of dollars have come into NATO because of his complaints. All that is happening is that members have increased defense spending as a share of their economies — a process that was started before Trump even announced his candidacy. Read more
President Trump’s ongoing misunderstanding of NATO funding
The U.S. has started building the wall
Trump repeated some version of this claim 86 times
President Trump has sought $25 billion to fund his long-promised wall along the southern border. But Congress has not given it to him. There was nearly $1.6 billion included in the appropriations bill he signed early in 2018 for border protection, but the legislative language was specific: None of the funds could be used for Trump’s border wall prototypes. Instead the money was restricted to fencing, and it was generally used for replacement fencing. He also frequently overstates the amount of money he has obtained for the nonexistent wall. Read more
Has construction of Trump’s border wall started?
The U.S. has the loosest immigration laws in the world — thanks to Democrats
Trump repeated some version of this claim 52 times
Trump repeatedly claims that the United States has the loosest immigration laws, but that’s simply not true. In fact, the United States has among the world’s most restrictive laws, placing it 25th among developing nations in welcoming immigrants, according to data from the Organization for Economic Cooperation and Development. The president frequently blames Democrats for the current legal system but that’s wrong, too — much of current immigration policy was decided either under a Republican president or through court cases. Read more
Is there a law that requires families to be separated at the border?
Democrats colluded with Russia during the campaign
Trump repeated some version of this claim 42 times
Throughout the special counsel’s investigation of possible ties between the Trump campaign and Russia, Trump has sought to deflect attention by asserting that the Democrats colluded with Russia. But he has little evidence to make his case, which largely rests on the fact that the firm hired by Democrats to examine Trump’s Russia ties at the same time was working to defend a Russian company in U.S. court. In fact, U.S. intelligence agencies found that Russian entities hacked Democratic leaders’ email during the campaign. Read more
Did Hillary Clinton collude with the Russians to get ‘dirt’ on Trump to feed it to the FBI?
The border wall will stop drug trafficking
Trump repeated some version of this claim 40 times
In demanding a wall on the southern border, Trump has asserted that it would stop the flow of drugs. But the Drug Enforcement Administration says that most illicit drugs enter the United States through legal ports of entry. Traffickers conceal the drugs in hidden compartments within passenger cars or hide them alongside other legal cargo in tractor-trailers and drive the illicit substances right into the United States. Meanwhile, fentanyl, a deadly synthetic opioid, can be easily ordered online, even directly from China. Read more
Will a border wall stop drugs from ‘pouring in?’
U.S. Steel is building many new plants
Trump repeated some version of this claim 37 times
This is one of Trump’s strangest claims. Since he imposed tariffs on steel, the president has repeatedly claimed that U.S. Steel was building new steel plants. Depending on his mood, the number has ranged from six to nine plants. But U.S. Steel made no such announcement. It merely stated that it would restart two blast furnaces at the company’s Granite City Works integrated plant in Illinois — one in March and the other in October, for a total of 800 jobs. The company in August also said it would upgrade a plant in Gary, Ind., but without creating any new jobs. Read more
The U.S. has spent $6 trillion (or more) on Middle East wars
Trump repeated some version of this claim 36 times
Trump started making a version of this claim shortly after taking office, first claiming $6 trillion but then quickly elevating it to $7 trillion. Trump acts as if the money has been spent, but he is referring to a study that included estimates of future obligations through 2056 for veterans’ care. The study combines data for both George W. Bush’s war in Iraq (2003) and the war in Afghanistan (2001), which is in Central/South Asia, not the Middle East. The cost of the combined wars will probably surpass $7 trillion by 2056, when interest on the debt is considered, almost four decades from now. Read more
Has the U.S. spent $7 trillion in the Middle East?
Thousands of MS-13 members have been removed from the country
Trump repeated some version of this claim 33 times
Within six months of becoming president, the president began claiming that his administration had deported thousands of members of the violent MS-13 gang. There had been a crackdown, but the count is in the hundreds. Then, he expanded the claim to say thousands had been deported or imprisoned. But there is nothing that supports these claims. For most of the country, MS-13 is not a threat; the estimated 10,000 members are concentrated in a few Hispanic communities, primarily around Long Island, Los Angeles and the Washington area. Read more
McCain’s vote was the only thing that blocked repeal of the Affordable Care Act
Trump repeated some version of this claim 30 times
Sen. John McCain (R-Ariz.) dramatically refused to advance in the Senate a limited repeal of the Affordable Care Act, but Trump has repeatedly used that vote as his all-purpose excuse for the failure to eliminate the health-care law. This oversimplifies the precarious state of Obamacare repeal at the time. The Senate version of full repeal had failed, with nine “no” votes from Republicans. Even if McCain had supported the “skinny” repeal, lawmakers still would have had to negotiate a compromise agreement and passage was not assured. Read more
Robert S. Mueller III is biased because of conflicts of interest
Trump repeated some version of this claim 30 times
Trump has often misleadingly claimed the “witch hunt” is tainted because of conflicts of interest, such as an unverified (and denied) dispute over golf fees when Mueller was a member of a Trump golf club. Eleven out of 16 attorneys on Mueller’s team have contributed to Democrats, including Clinton and Obama; 13 are registered Democrats. Under federal law, Mueller is not allowed to consider the political leanings of his staff when hiring them, but he took action against a former team member when texts expressing anti-Trump sentiments were discovered. Read more
Fact Check: Do the political preferences of Mueller’s team risk its independence?
Inflating gains from a 2017 trip to Saudi Arabia
Trump repeated some version of this claim 23 times
Trump has repeatedly inflated the gains from his 2017 trip to Saudi Arabia, upping the amount from $350 billion to $450 billion when he came under fire for defending crown prince Mohammed bin Salman. According to the CIA, Mohammed ordered the killing of Washington Post contributing columnist Jamal Khashoggi. The administration, with double-counting, could only document $270 billion in tentative agreements. Separately, Trump inflated the jobs said to be created from the purported investments. Many are in Saudi Arabia, indicating few jobs would be created for Americans. Read more
Fact Check: The Trump administration’s tally of $350 billion-plus in deals with Saudi Arabia
More bogus border narratives are unfolding as I’m writing this. Disingenuous CBP officials are manipulating data to tell the Senate that the border is out of control.
What is really happening is that kids and other asylum seekers are basically turning themselves in to be processed and get the hearings to which they are entitled. Why? Because the Trump Administration has purposely slowed down the process at legal Ports of Entry.
Clearly, instead of wasting money on troops and unneeded detention, the Administration should be sending Asylum Officers to the border to complete the screening. Once screened, those with “credible fear” can be matched with lawyers. Represented asylum applicants show up for hearings nearly 100% of the time, thus making prolonged detention unnecessary.
Also, since it now appears that the bulk of the “artificial backlog” in Immigration Court actually was “illegally commenced” though defective notices, those cases could simply be removed from the docket. That would free up U.S. Immmigration Judges to hear asylum cases within a reasonable (6-18 month) time frame.
Where there is a will, there’s a way. Additionally, as I often point out, doing things the right, legal way would likely cost far less than the “publicity stunts” now being conducted by the Administration at the border. But, doing the right thing and making the laws work just isn’t something that Trump and his minions are interested in, as the “Bottomless Pinocchios” related above show!
WINNING ASYLUM & SAVING LIVES IN THE “ERA OF A-B-“ – Seven Steps To Success*
By Paul Wickham Schmidt
United States Immigration Judge (Retired)
NEW YORK CITY BAR
DECEMBER 4, 2018
Good evening, and thanks so much for inviting me. In the “old days,” I would have started with my comprehensive disclaimer. But, now that I’m retired, I’m just going to hold the Bar Association, my fellow panelists, and anyone else of any importance whatsoever “harmless” for my remarks tonight. They are solely my views, for which I take full responsibility. No sugar-coating, no bureaucratic doublespeak, no “party line,” no BS – just the unvarnished truth, as I see it!
“We’ve had situations in which a person comes to the United States and says they are a victim of domestic violence; therefore, they are entitled to enter the United States. Well, that’s obviously false but some judges have gone along with that.” “Good lawyers, using all of their talents and skill, work every day—like water seeping through an earthen dam—to get around the plain words of the INA to advance their clients’ interests. Theirs is not the duty to uphold the integrity of the act. That is our most serious duty.”
Those, my friends, are obviously not my words. They are the words of former Attorney General Jeff Sessions. Incredibly, this totally biased, xenophobic, misinformed, and glaringly unqualified individual was in charge of our U.S. Immigration Court system which helps explains why it is such a total mess today. And Acting Attorney General Whitaker’s certification of two cases yesterday promises a continuation of improper political interference with the Immigration Courts in derogation of Due Process.
One of Sessions’s most cowardly and reprehensible actions was his atrocious distortion of asylum law, the reality of life in the Northern Triangle, and Due Process for migrants in Matter of A-B-. There, he overruled the BIA’s important precedent in Matter of A-R-C-G-, a decision actually endorsed by the DHSat the time, and which gave much need protection to women fleeing persecution in the form of domestic violence. Take it from me, Matter of A-R-C-G-was one of the few parts of our dysfunctional Immigration Court system that actually worked and provided a way of consistently granting much needed protection to some of the most vulnerable and most deserving refugees in the world.
Sessions is gone. But, his ugly legacy of bias and unfairness remains. Fortunately, because he was a lousy lawyer on top of everything else, he failed to actually accomplish what he thought he was doing: wiping out protection for refugee women, largely from Central America. That’s why it’s critically important for you, as members of the “New Due Process Army” to fight every inch of the way, for as long as it takes, to restore justice and to force our U.S Immigration Courts to live up to their unfulfilled, and now mocked, promise of “guaranteeing fairness and Due Process for all!”
I’m going to give you seven very basic tips for overcoming Matter of A-B-. I’m sure that my colleagues, who are much more involved in the day to day litigation going on in the courts than I am, can give you lots of additional information about addressing specific issues.
First, recognize that Matter of A-B- really doesn’t change the fundamental meaning of asylum.It just rejected the way in which the BIA reached its precedent in A-R-C-G-— by stipulation without specific fact-findings based on the administrative record. Most of it is mere dicta. On a case by case basis, domestic violence can still be a proper basis for granting asylum in many cases. Indeed, such cases still are being granted by those Immigration Judges committed to following the rule of law and upholding their oaths of office, rather than accepting Sessions’s invitation to “take a dive.”
Just make sure you properly and succinctly state your basis, establish nexus, and paper the record with the overwhelming amount of reliable country condition information and expert opinion that directly contradicts the bogus picture painted by Sessions.
Second, resist with all your might those lawless judges in some Immigration Courts who are using, or threatening to use, Sessions’s dictum in Matter of A-B- to deny fair hearings or truncate the hearing process for those claiming asylum through domestic violence.If anything, following the overruling of A-R-C-G-,leaving no definitive precedent on the subject, full, fair case-by-case hearings are more important than ever. Under Due Process, asylum applicants are entitled to a full and fair opportunity to present their claims in Immigration Court. Don’t let wayward, biased, or misinformed Immigration Judges deny your clients’ constitutional and statutory rights.
Third, keep it simple. Even before A-B-, I always said that any proposed “particular social group” (“PSG”) longer than 25 words or containing “circular” elements is D.O.A. I think that it’s time to get down to the basics; the real PSG here is gender! “Women in X country” is clearly a cognizable PSG. It’s undoubtedly immutable or fundamental to identity; particularized, and socially distinct. So, it meets the BIA’s three-part test.
And, “gender” clearly is one of the biggest drivers of persecution in the world. There is no doubt that it is “at least one central reason” for the persecution of women and LGBT individuals throughout the world.
Fourth, think political. There is plenty of recent information available on the internet showing the close relationship between gangs and the governments of the Northern Triangle. In some cases, gangs are the “de facto government” in significant areas of the country. In others, gangs and local authorities cooperate in extorting money and inflicting torture and other serious harm on honest individuals who resist them and threaten to expose their activities. In many cases, claiming political or religious persecution will be a stronger alternative ground than PSG.
Fifth, develop your record. The idea that domestic violence and gang-based violence is just “common crime” advanced by Sessions in A-B-is simply preposterous with regard to the Northern Triangle. Establish records that no reasonable factfinder can refute or overlook! Use expert testimony or expert affidavits to show the real country conditions and to discredit the watered down and sometimes downright false scenarios set forth in Department of State Country Reports, particularly under this Administration where integrity, expertise, and independence have been thrown out the window.
Sixth, raise the bias issue. As set forth in a number of the Amicus Briefs filed in Matter of A-B-, Sessions clearly was a biased decision maker. Not only had he publicly dismissed the claims of female refugees suffering from domestic violence, but his outlandish comments spreading false narratives about immigrants, dissing asylum seekers and their “dirty lawyers,” and supporting DHS enforcement clearly aligned with him with one party to litigation before the Immigration Courts. By the rules governing judicial conduct there was more than an “appearance of bias” here – there was actual bias. We should keep making the record on the gross violation of Due Process caused by giving a biased enforcement official like Sessions a quasi-judicial role.
Seventh, and finally, appeal to the “real” Article III Courts. What’s happening in Immigration Court today is a parody of justice and a mockery of legitimate court proceedings. It’s important to “open the eyes” of the Article III Judges to this travesty which is threatening the lives of legitimate refugees and other migrants.
Either the Article III’s do their jobs, step in, and put an end to this travesty, or they become complicitin it. There’s only one “right side of the law and history” in this fight. Those who are complicit must know that their actions are being placed in the historical record – for all time and for their descendants to know – just like the historical reckoning that finally is happening for so- called “Confederate heroes” and those public officials who supported racism and “Jim Crow.”
Now is the time to take a stand for fundamental fairness and decency! Join the New Due Process Army and fight to vindicate the rights of asylum seekers under our laws against the forces of darkness and xenophobic bias! Due process forever!
*This is not a “verbatim transcript” of what I said. Rather it is a compendium and extension of the “talking notes” that I used as a member of the panel.
The parties agreed that the proclamation did not render any alien ineligible for asylum. District Judge Jon S. Tigar found, therefore, that the case did not present the question of whether section 212(f) authorizes the president to directly limit asylum eligibility, so he did not include the proclamation in his decision.
This was a mistake. Although the proclamation doesn’t say that it is making the illegal crossers ineligible for asylum, it prevents them from getting relief of any kind that would allow them to enter the United States.
Judge Tigar granted a temporary restraining order which prohibits any action to continue the implementation of the rule and requires a return to the pre-rule practices for processing asylum applications.
. . . .
Judge Tigar’s restoration of pre-rule practices for processing asylum applications means that the illegal crossers will not be prevented from establishing a credible fear of persecution in the expedited removal proceedings, which will entitle them to an asylum hearing before an immigration judge.
But the immigration judge will have to deny their applications because asylum would permit then to enter the United States – and the proclamation bars their entry.
Moreover, the denial will make them statutorily ineligible for asylum if they file another asylum application later.
The first paragraph in the asylum provisions states that any alien who is physically present in the United States may apply for asylum, but the second paragraph provides three exceptions.
One of the exceptions states that asylum is not available to an alien who has filed a previous application that was denied, unless he can show a change in circumstances which materially affects his eligibility for asylum.
The rule that Judge Tigar suspended would have avoided this problem by preventing the asylum seekers from getting to a hearing before an immigration judge at which their applications would be denied.
It is possible that when the proclamation is terminated, a court will find that the termination materially affects asylum eligibility and therefore that the bar to future asylum applications no longer applies.
But the third paragraph provides that no court shall have jurisdiction to review any determination on the exceptions. The courts, therefore, will not be able to reinstate asylum eligibility on this or on any other basis.
It will be up to Trump to decide whether aliens whose applications are denied on account of the proclamation will be able to file another asylum application when the proclamation is lifted.
Indefinite detention
Illegal crossers, however, may be able to avoid persecution by applying for withholding of removal.
Relief under the withholding provision just prohibits sending an alien to a country where it is more likely than not that he would be persecuted. Consequently, withholding would not violate the entry prohibition in the proclamation.
The relief would apply only to the alien who is at risk of being persecuted. It would not include his spouse or children.
The proclamation, nevertheless, would be a serious problem for aliens who are granted withholding. It would prevent them from being released from detention while arrangements are being made to find a suitable country that is willing to take them, and that may not even be possible, depending on the case.
Asylum seekers who go to ports of entry instead of making an illegal crossing are experiencing problems. Nevertheless, it might be wise to try at least some of the ports of entry before resorting to an illegal crossing.
*****************************************
Go on over to The Hill at the link to read Nolan’s complete article.
I’m not aware that anyone at DHS or EOIR has actually taken the legal position that Nolan has outlined. If they did, I would expect ACLU to have them instantly back before Judge Tigar on a contempt of court motion.
Also, that this theory hasn’t been pursued before Judge Tigar would make it unlikely that it would be argued before the Supremes, assuming that the case eventually winds up there (which I don’t). I do concede, however, that because the “Supremes are supreme” they basically can do whatever they want, including pursuing theories not argued or decided below. Most of the time, however, they prefer a more judicially (and politically) prudent approach.
I agree with Nolan’s bottom line that notwithstanding the inconvenience and the apparent slowdown by the Administration in asylum processing, asylum applicants would be well advised to patiently and peacefully wait in line to pursue their applications at ports of entry. There are also several cases pending which ultimately could provide some relief from both the intentional slowdown of processing at the ports of entry, and the skewing of the credible fear process against applicants from the Northern Triangle.
THE GIBSON REPORT – 12-03-18 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group – Learn About Trump’s Self-Created “Bogus Border Crisis!”
Vox: Before 2016, and in some cases as recently as six months ago, they would have had no problem and no delay. But for the last several months, the Trump administration has made a practice of limiting the number of asylum seekers allowed to enter the US each day — a policy it calls “metering.”
Politico: The new Mexican government of Andrés Manuel López Obrador will press the United States to invest least $20 billion in Central America and, reportedly, faster asylum processing in exchange for allowing migrants to remain in Mexico while they seek refugee status in the U.S.
Politico: A group of migrant women in the caravan announced Thursday that it would begin a hunger strike to protest the slow pace at which the women are being allowed to apply for asylum, as officials from the United States and Mexico are set to meet this weekend to negotiate a plan to process their claims.
Pew: The number of unauthorized immigrants in the U.S. fell to its lowest level in more than a decade, according to new Pew Research Center estimates based on 2016 government data. The decline is due almost entirely to a sharp decrease in the number of Mexicans entering the country without authorization.
Quartz: Mexican immigration authorities are even less prepared than the US to process them. The Mexican agency charged with helping refugees, COMAR by its Spanish acronym, only has four offices, and none near the border. Earlier this year, Mexico’s National Human Rights Commission warned of the “possible collapse” of the country’s refugee protection system as COMAR’s backlog grew to 60% of applications. It also identified “situations of risk of torture and abuse” in immigrant detention centers, which it found had no adequate living conditions or access to medical attention.
NBC: The federal agency’s threat came a day after the New Jersey attorney general announced new restrictions on local law enforcement cooperation with ICE.
Vera: The Vera Institute of Justice is excited to announce that we are expanding our Safety and Fairness for Everyone (SAFE) Network – currently a diverse group of a dozen cities and counties across America dedicated to providing publicly funded universal representation for people facing deportation.
WaPo: A key Senate committee postponed a vote Wednesday on President Trump’s pick to lead the main agency handling immigration enforcement as a coalition of unions raised “serious concern” about Ronald D. Vitiello’s ability to effectively oversee the agency.
CBS: The American Civil Liberties Union, which has filed more than 50 immigrants’ rights lawsuits against the Trump administration, recorded its most successful #GivingTuesday in years. That wasn’t just the case just for the ACLU. This year’s day for charitable giving was the biggest ever, raking in nearly $400 million in donations online in the U.S. alone, according to the 92nd Street Y.
Guardian: Housed in the Gadsden county jail since the late 1990s, the gray slab of concrete that is the Etowah Detention Center, is routinely identified by lawyers, advocates and detainees as one of the worst Ice facilities in the United States. It has one of the longest detention times of all Ice facilities.
In what appears to be a new development, Page 71 of the USCIS FY 2019 budget indicates that USCIS wants to transfer “$207.6 million in Immigration Examinations Fee Account (IEFA) fees to ICE to support immigration investigation and enforcement.”
WaPo: New York’s highest court boldly ruled Tuesday that deportation may be a more severe consequence than even a few months behind bars. The divided decision created a situation in which two individuals charged with the same low-level offense have vastly different trial rights — a noncitizen is entitled to a jury trial, while a U.S. citizen is not. [Note: This is obviously being appealed.]
WaPo: The lawsuit alleges that the Trump administration’s expanded definition of “public charges” has had a chilling effect on the city’s immigrant community, which Baltimore officials see as key to its revival. Legal immigrants have stopped using school programs, food subsidies, housing vouchers and health clinics for which they are eligible, the lawsuit says, hurting the city’s mission to welcome immigrants and creating long-term expenses as Baltimore deals with a sicker and less-educated community.
AP: Juarez’s lawyers said Mariee developed a respiratory illness while she and her mother were detained at the South Texas Family Residential Center in Dilley, Texas. They accused U.S. Immigration and Customs Enforcement of releasing the pair while Mariee was still sick.
Approved National Vetting Center Privacy, Civil Rights, and Civil Liberties Working Group Charter, established pursuant to National Security Presidential Memorandum-9, “Optimizing the Use of Federal Government Information in Support of the National Vetting Enterprise,” dated February 6, 2018. AILA Doc. No. 18112870
CBP Commissioner Kevin McAleenan conducted a call with media and released his opening remarks, “We will continue to monitor the situation closely. And while we seek to maintain lawful trade and travel to the maximum extent, we will be prepared to close San Ysidro again if….”AILA Doc. No. 18112762
DHS Secretary Nielsen issued a statement after CBP closed the San Ysidro port of entry on 11/25/18, stating “As I have continually stated, DHS will not tolerate this type of lawlessness and will not hesitate to shut down ports of entry for security and public safety reasons.” AILA Doc. No. 18112734
USCIS provided Q&As from a 11/15/18 teleconference on the continued expansion of the implementation process of the 6/28/18 NTA memorandum. AILA Doc. No. 18110836
I draw your attention to Elizabeth’s “Item 2” which is a lengthy, outstanding article by Dara Lind of Vox News on the fake, self-created “Trump Border Crisis.”
The only quibble I have with Dara’s article is the suggestion that there might be a need for more detention space. I say BS! Unquestionably, by working together with the UNHCR, the Mexican Government, and NGOs such as the ACLU, KIND, and the ABA, the DHS could find suitable placements for individuals waiting for credible fear interviews once they had passed a basic screening and background check.
Indeed, one of the key findings of a recent TRAC Report on Immigration Court Asylum Decisions is that 98.6% of asylum seekers appear in court for their decisions, win or lose! http://trac.syr.edu/immigration/reports/539/This stands in sharp contrast to the false claims by the Administration and its “bureaucratic mouthpieces” that asylum seekers “bolt” once they get into the country.
When given access to competent legal assistance and a chance to understand both the system and their obligations, almost all appear. Clearly, the Administration should be working with the private sector to get asylum seekers represented rather than undertaking cruel and overall futile and wasteful efforts to detain, deter, and punish them.
And how about some truthful narratives, rather than the bogus ones taken right out of the right-wing restrictionist playbook? Again, it’s past time for some Congressional oversight and accountability for the many falsehoods about immigration purveyed not only by the Trump politicos (like Sessions, Nielsen, Miller, et al.) but also by career officials who should know better. Indeed, in many cases, such as TPS and the Travel Ban, the Administration’s bogus narratives directly and demonstrably contradict the Government’s own information and recommendations by career officials with expertise in the areas. This shameful abuse of our civil service system and its expertise by biased, prejudiced, and unqualified politicos must stop.
And, as always, thanks Elizabeth for all you do for the New Due Process Army!
The House GOP’s near-total abdication of any oversight role has done more than just shield President Trump on matters involving his finances and Russian collusion. It has also resulted in almost no serious scrutiny of the true depths of cruelty, inhumanity and bad-faith rationalization driving important aspects of Trump’s policyagenda — in particular, on his signature issue of immigration.
That’s about to change.
In an interview with me, the incoming chairman of the House Homeland Security Committee vowed that when Democrats take over in January, they will undertake thorough and wide-ranging scrutiny of the justifications behind — and executions of — the top items in Trump’s immigration agenda, from the family separations, to the thinly veiled Muslim ban, to the handling of the current turmoil involving migrants at the border.
“We will visit the border,” Rep. Bennie Thompson (D-Miss.), who is expected to chair the committee, which has jurisdiction over the Department of Homeland Security, told me. “We will hold hearings in committee on any and all aspects of DHS. … We will not back off of this issue.”
This oversight — which could result in calling for testimony from Stephen Miller, the architect of Trump’s immigration agenda — will include scrutiny of the administration’s justifications for its policies. Importantly, Thompson tells me Democrats will seek to grill officials on what went into Trump’s public statements on various aspects of the issue, many of which are falsehoods.
Migrant caravan crisis escalates with tear gas at border fence
U.S. authorities fired tear gas at members of a Central American migrant caravan who had rushed the fencing along the U.S. border with Mexico on Nov. 25.(Video: Drea Cornejo , Blair Guild/Photo: Kim Kyung-Hoon/Reuters/The Washington Post)
To be clear, Trump has used these rationales to justify actual policies with real-world impact, such as the effort to cruelly restrict asylum-applications to only official points of entry. Trump has also threatened a total border shutdown. Hearings could reveal that the justifications are nonsense, and spotlight their true arbitrary and cruel nature (putting aside for now that their real motive is ethno-nationalism).
“All this innuendo we hear about criminals coming in the caravan, we just want to know, how did you validate this?” Thompson told me, adding that DHS officials would be called on in hearings to account for Trump’s claims. “Policy has to be backed up with evidence. So we will do rigorous oversight.”
This will also include a look at the recent tear-gassing of migrants, and the administration’s public statements about it and justifications, Thompson said. Homeland Security Secretary Kirstjen Nielsen has defended the fact that tear gas appears to have impacted children by claiming they were used as “human shields.”
The use of the military as a prop
Thompson said such scrutiny could dovetail with an examination of Trump’s use of the military at the border as campaign propaganda, though that might involve the House Armed Services Committee. “We have to get full disclosure in a public setting or a classified setting,” Thompson said. “Under no circumstances will we not get information.”
The overall goal, Thompson said, will be this: “As a nation of immigrants ourselves, we want to make sure that our process of immigration that includes asylum-seekers is constitutional and represents American values.”
Family separations and the travel ban
Thompson told me the committee would also look at the process leading up to the travel ban, which proceeded despite the fact that two internal Homeland Security analyses undercut its national security rationale.
Democrats can demand that DHS officials justify that policy. “What did you use to come up with this travel ban? How did you select these countries?” Thompson said, previewing the inquiry and vowing subpoenas if necessary. “We will ask for any written documentation that went towards putting the ban in place, what individuals were consulted, and what the process consisted of.”
Thompson also said the run-up to the implementation of the family separation policy and its rationale would receive similar scrutiny, as well as at the conditions under which children have been held, such as the reported Texas “tent city.” “Somebody is going to have to come in and tell us, ‘Is this the most efficient way to manage the situation?’” Thompson said. But also: “How did we get here in the first place?”
What can Democrats do?
One big question: What will House Democrats do legislatively against such policies? Thompson told me the goal is to secure cooperation with DHS, but in cases where the agency continues policies that Democrats deem terribly misguided or serious abuses, they can try to legislate against them. That would run headlong into Trump and the GOP-controlled Senate, at which point one could see discussion of targeted defunding of certain policies, though whether that will happen or what that might look like remains to be seen.
“As far as I’m concerned, no option is off the table,” Thompson said. Some more moderate House Democrats who won tougher districts might balk at such a stance, but Thompson said: “Every committee has responsibilities, and we have to carry them out.”
The big story here is that Trump has relied on the outright dismissal of his own administration’s factual determinations to justify many policies, not just on immigration, but also with his drive to weaken efforts to combat global warming despite the big report warning of the dire threats it poses.
The administration will strenuously resist Democratic oversight, and I don’t want to overstate what it can accomplish. But House Democrats must at least try to get into the fight against Trump’s war on facts and empiricism wherever possible. And when it comes to the humanitarian crises Trump has wrought on immigration, this is particularly urgent.
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Finally, some much-needed, long-overdue accountability, fact-finding, and truth about Trump’s intentionally cruel and usually lawless immigration policies and those sycophants and toadies who implement them and egg him on. No, it won’t necessarily change things overnight. But, having some “pushback” and setting the factual record straight for further action is an important first step. And, I hope that the absolutely avoidable politically created mess in the U.S. Immigration Courts, and their disgraceful abandonment of Due Process as their sole focus, is high on the oversight list!
Hamed Aleaziz reports for BuzzFeed News, quoting extensively from “Our Gang” Leader Hon. Jeffrey Chase:
WASHINGTON — Homeland Security and Justice Department officials are feuding over a controversial plan that would force asylum-seekers at the southwestern border to remain in Mexico until their cases are decided, according to sources close the administration.
Department of Justice officials have been pushing for asylum-seekers at the border to be immediately returned to Mexico as they arrive at the border, instead of first undergoing screening for fear of persecution or torture if they are not allowed in.
Department of Homeland Security officials want asylum-seekers screened for persecution, torture, and fear before being immediately returned to Mexico, to ensure that there are no serious concerns for their safety in Mexico.
The dispute highlights the fact that key details regarding the plan are still up in the air.
A Justice Department official said there was no dispute over the screening process but that the matter was under consideration between both agencies. The official said the discussion between the two US departments were “a normal part of the process.” DHS declined to comment.
Jeffrey Chase, a former immigration judge, said the dispute goes to the very heart of asylum law, which grants foreigners who otherwise would not be admissible the right to enter the country if they can show that they have a “credible fear” of persecution if they are returned to the country they came from.
“‘Credible fear’ was created over 20 years ago to be the standard for those arriving and not deemed admissible. It was designed to be a low bar, as those at the border have just arrived, are often scared of government officials, are sometimes traumatized, usually don’t yet have legal counsel, and have very limited ability to gather evidence,” Chase told BuzzFeed News. “Imposing a higher standard for political purposes would be contrary to our treaty obligation to not return genuine refugees.”
BuzzFeed News reported earlier this month that the administration had been considering such a plan and that discussions with Mexico had been ongoing. The Washington Post reported last week that a deal had been agreed upon with Mexico and that asylum-seekers would remain in that country while their cases were being adjudicated. But that story was later denied by Mexican officials, and the status of any talks is uncertain. A new administration takes office in Mexico on Saturday.
The proposal was first focused on individuals who come to a port of entry to request asylum but has since been extended to include those apprehended between border crossings as well, sources said.
The discussions appear to be a renewed effort to implement a directive first raised in an executive order that President Donald Trump signed in the early days of his administration in 2017. The Mexican government publicly rejected that plan, and the Trump administration made no effort to implement the president’s instructions.
In the executive order, Trump had directed the Department of Homeland Security Secretary to pursue the option. In a memo written by then-DHS chief John Kelly, officials were told to return individuals at the border “to the extent appropriate and reasonably practicable.” Kelly cited a statute that states that certain individuals can be sent back to the contiguous country they arrived from.
Advocates have said that implementation of such a measure would put families and migrants in danger and would be quickly challenged in court.
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Well said, Jeffrey! There was a day, obviously in the past, when DOJ lawyers were concerned with assuring compliance with the law and applicable court decisions, rather than thinking of various ways to “push the envelope” by engaging in facially illegal, and certainly immoral, conduct. Hopefully, such evasion of both their oaths of office and ethical standards will be considered by future employers in the private sector.
The irony here is that with a different Administration in place, cooperation among the U.S., Mexico, and the UNHCR in ways that strengthened the Mexican asylum system, improved conditions for refugees and asylees in Mexico, encouraged regular refugee processing by both countries in or near the Northern Triangle, improved reception and processing for those at the U.S. border, and most important, constructively addressed the problems in the Northern Triangle forcing folks to flee would be a win-win-win-win for all involved.
The flow of refugees from the Northern Triangle is primarily a humanitarian, not a law enforcement situation. Among other things, a humanitarian approach would promote advantages of applying in Mexico and reasons why it could be a rational choice for some asylum seekers; it would eschew illegal threats, cynically and intentionally created inhumane, even life-threatening, conditions, and improper sanctions to “deter” individuals from asserting their legal rights to apply for asylum in the U.S. under both our law and international law. Sadly, all of the latter are exactly what the Trump Administration is engaged in at present, with the assistance of their ethically-challenged Government “legal” team.
“New Due Process Army” stalwart, Professor Alberto Benitez of the George Washington Law Immigration Clinic, reports:
Friends,
Please join me in congratulating Immigration Clinic student-attorney Megan Elman, and her clients, R-G, his wife, J, and their two kids, ages 10 and 5 respectively, R and L, from El Salvador. This afternoon, after a two and a half-hour hearing, IJ Cynthia S. Torg granted the clients’ asylum application.
R-G was a maritime police officer, and because of that status, he and his family were threatened with death by mara gang members. During an outing at the beach, the family had a gun pointed at them while being threatened. One of the maras told R-G that his order was only to tell him to move away, but he wished he had been given the order to kill him, because he would have preferred to cut off R-G’s head and hang it from a tree. Afterward, R and J tried to file a complaint with their local police, but were advised by the police not to bother and instead flee the country. That night, unknown, masked, armed men appeared outside their house. Eventually the men left, but the family decided to flee to the USA.
Congratulations also to Sarah DeLong, Jonathan Bialosky, Solangel González, and Sam Xinyuan Li, who previously worked on this case.
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Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052 (202) 994-7463 (202) 994-4946 fax abenitez@law.gwu.edu
THE WORLD IS YOURS…
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Contrary to what the Trump Administration and EOIR Management would have you believe, these types of cases are neither unique nor extraordinary in their factual setting. I encountered lots of “slam dunk” Northern Triangle asylum, withholding, and/or CAT cases at the Arlington Immigration Court.
What is unusual is that these individuals; 1) got access to the hearing process, 2) had access to competent pro bono counsel, 3) had sufficient time in a non-detained setting to gather evidence in support of their applications, 4) were given sufficient time to fully present their cases in court, 5) didn’t have to wait many years for their final hearing, and 6) and perhaps most significantly, were fortunate enough to have a fair, impartial, and scholarly Immigration Judge like Judge Cynthia S. Torg, to decide their cases. I’d also infer from this description that the DHS Assistant Chief Counsel played a constructive role in critically, yet fairly and professionally, developing the facts so that the Immigration Judge could make an immediate decision and appeal could be waived.
Imagine how this case might have come out had it occurred in Atlanta, Charlotte, or El Paso where the Immigration Judges are notorious for prejudging asylum cases against the applicants and merely providing the “trappings of due process.” Or, if these individuals had been forced to “represent” themselves in a godforsaken so-called “detention court” unprepared, traumatized, and within a short time after arrival. Or, if the Immigration Judge had insisted on truncating the process to complete her “quota” of four cases per day. Or, if under the Trump regime, they had never been given access to the Immigration Court hearing process in the first place. Or, if the Assistant Chief Counsel had appealed to the BIA where delays are common and panels vary widely as to their commitment to a fair, impartial, and overall generous view of asylum law in accordance with their own (often cited, not always followed) precedent in Matter of Mogharrabi! Or, if after the fact, a political hack like Jeff Sessions had arbitrarily and unethically intervened to deny relief to satisfy his White Nationalist restrictionist “agenda.”
The truth is that many, perhaps the majority, of the Northern Triangle asylum cases could be efficiently and promptly granted by the USCIS Asylum Office. With the “reinstatement” of A-R-C-G- (recognizing domestic violence) and some positive precedents (when’s he last time you saw one of those from the BIA on asylum?) covering recurring situations such as this one, many more Northern Triangle asylum cases could be granted by stipulation of counsel following short hearings before the Immigration Judges.
On the flip side, in a fairer system, it would be easier for everyone to recognize situations that didn’t merit protection under the law after fair hearings. My experience in Arlington was that when I listened carefully and issued a clear and reasoned explanation of why protection could not be granted, the applicants often (not always) would waive appeal and accept my order as final. Actual, as opposed to cosmetic, fairness helps both sides to accept the decisions below.
That’s precisely what the biased Jeff Sessions has “disempowered” in this now inherently unfair court system. A system run by political officials in the Trump Administration (or any other Administration for that matter) can never be perceived as fair.
Issuance and enforcement of more positive precedents by the BIA (without the current political interference by the DOJ) would also lead to greater uniformity, as judges in places like Atlanta, Charlotte, El Paso, Stewart, etc., would be required to follow the asylum laws and apply them in the generous manner required by the Supreme Court in Cardoza-Fonseca, rather than acting on their enforcement biases against asylum seekers and trying to “lead the league” in producing rote unfair removal orders to the delight of the DOJ politicos.
If restructured into an independent court system with Due Process as the one and only goal and a merit selection system for judges going forward, the Immigration Courts have the potential to make justice with efficiency the norm, rather than the exception. But, that’s not going to happen in the current politically compromised and incompetently administered structure of EOIR within DOJ.
America needs an independent Article I U.S. Immigration Court. The Fifth Amendment to our Constitution demands it!
Last year, 87,000 women were murdered around the world, and more than half (50,000 or 58 percent) were killed by partners or family members. Over a third (30,000) of those intentionally killed last year were murdered by a current or former intimate partner. This means that, globally, six women are killed every hour by someone they know.
U.N. Secretary-General António Guterres described violence against women as a “global pandemic” in a Sunday statement marking the international day of recognition.
“It is a moral affront to all women and girls, a mark of shame on all our societies and a major obstacle to inclusive, equitable and sustainable development,” he said. “At its core, violence against women and girls is the manifestation of a profound lack of respect ― a failure by men to recognize the inherent equality and dignity of women. It is an issue of fundamental human rights.”
The U.N. report also highlighted that women are much more likely to die from domestic violence than men are. According to the study, 82 percent of intimate partner homicide victims are women and 18 percent are men.
“While the vast majority of homicide victims are men, women continue to pay the highest price as a result of gender inequality, discrimination and negative stereotypes. They are also the most likely to be killed by intimate partners and family,” UNODC Executive Director Yury Fedotov said.
The study suggested that violence against women has increased in the last five years, drawing on data from 2012 in which 48,000 (47 percent) of female homicides were perpetrated by intimate partners or family members.
Geographically, Asia had the most female homicides (20,000) perpetrated by intimate partners or family members in 2017, followed by Africa (19,000), North and South America (8,000), Europe (3,000) and Oceania (300). The U.N. does point out that because the intimate partner and family-related homicide rate is 3.1 per 10,000 female population, Africa is actually the continent where women are at the greatest risk of being murdered by a partner or family member.
HuffPost’s “Her Stories” newsletter brings you even more reporting from around the world on the important issues affecting women. Sign up for it here.
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Sessions is already America’s most notorious unpunished child abuser! Now, he can add “aiding and abetting domestic violence” and “voluntary manslaughter” to the many human rights and civil rights violations and transgressions of the teachings of Jesus Christ for which he will someday have to answer to his Maker (even if he has the undeserved good fortune to escape “earthly accountability” for his actions).
Meanwhile, advocates should be using the factual information in this report and other expert opinions on the “pandemic” to overcome the fabricated factual and legal basis for Matter of A-B- and the bogus arguments manufactured by restrictionists..
The real “particular social group” staring everyone in the face is “women in X country.” It’s largely immutable and certainly “fundamental to identity,” particularized, and socially distinct. It clearly has a strong nexus to the grotesque forms of harm inflicted on women throughout our world. And, there is an ever-growing body of expert information publicly available to establish that, totally contrary to Sessions’s bad-faith distortion of the record in A-B-, many countries of the world are unwilling, unable, or both unwilling and unable to offer a reasonable level of protection to women facing gender-based persecution in the form of DV.
Sessions has unwittingly set the wheels of positive change in motion! It’s time to force judges at all levels, legislators, and government officials to recognize the reality of gender-based persecution in today’s world and that it is one of the major forms of persecution clearly covered by the U.N. Convention.
Forget about the bogus “floodgates” argument. The U.N. Convention came directly out of World War II and was intended to insure that the Holocaust and the “Red Terror” did not happen again. The definition would clearly have covered most of the pre-War European Jewish population and tens of millions (perhaps hundreds of millions) of individuals stuck behind the Iron Curtin. If the numbers are large, then it’s up to the signatory countries to come together, pool resources, and think of constructive ways of addressing the problems that generate refugee flows, not just inventing creative ways of avoiding their legal and moral responsibilities.
Don’t repeat 1939! Due Process Forever! Join the “New Due Process Army” and fight for human rights, human values, and human decency against the selfish forces of darkness and dishonesty who have gained control of too many countries in the Western World (including, sadly, our own)!
Dem Senator: Trump administration’s policies ‘caused anxiety at the border’
Sen. Ben Cardin (D-Md.) on Monday blamed the Trump administration for causing “anxiety” at the southern border a day after border agents fired tear gas in response to migrants attempting to breach the border.
“There’s a better way to handle this. The United States, the Trump policies has caused anxiety at the border,” Cardin said on CNN’s “New Day.”
“There’s an orderly process that should have been used,” he added. “Should we fix our immigration system? Absolutely. But this administration has made no effort to fix our immigration system.”
President Trump has repeatedly blamed Congress and Democrats, in particular, for failing to pass legislation hardening the country’s immigration laws. The White House and lawmakers have been unable to reach an agreement on a host of immigration issues, though Congress has provided some funding for border security.
Cardin said Monday that the Trump administration has enacted policies that have exacerbated the problem at the border with the so-called caravan of Central American migrants, citing the White House’s move to curb immigrants’ ability to claim asylum and the previous policy of separating families who illegally cross the border.
“So they’re making the circumstances worse, and here we look at children being subject to tear-gassing,” Cardin said. “That’s the United States causing that. That’s outrageous.”
Customs and Border Protection (CBP) on Sunday shut down the busy San Ysidro port of entry near San Diego as hundreds of migrants approached. Tensions flared further when dozens of migrants broke away from a larger group to try and breach the border.
CBP said in a statement that officers fired tear gas into the crowd after attempted illegal crossings and after some migrants threw rocks at border agents.
Trump on Monday morning called on Mexico to deport the migrants back to their home countries and threatened to permanently close the southern border. The president has for weeks painted the group of migrants as an imminent security threat, prompting fierce criticism from Democratic lawmakers.
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“There’s an orderly process that should have been used.”Yup! But, Trump refuses to use it and make it work!And, it could have been done for less money and fewer resources than the estimated $200 million military boondoggle at the border.
I also hope Sen. Cardin will urge Rep. Cummings (D-MD) and his colleagues in the House to exercise some “oversight” involving the senior Border Patrol officials who publicly proclaimed that most of those arriving at the border, who have been neither interviewed nor screened because of intentional delays by the US Government, are “economic refugees” not “real refugees.”
I tend to doubt that these loud-mouthed law enforcement officials, who have allowed themselves to become political puppets of the Trump White House, have any idea of what makes someone a “real refugee” under the law. Fact is, that in some Immigration Courts away from the Southern Border, the Immigration Judges continue to be fair and knowledgeable (NOT places like Atlanta, Charlotte, and Stewart). Those Immigration Judges take the necessary hours to fairly and impartially hear asylum cases (apparently largely disregarding artificial “quotas”). And, as a result, some properly documented domestic violence, family based, religious based, and political opposition to gang cases continue to be granted to applicants. Shows what happens when rather than prejudging cases like Trump, Sessions, DHS Senior Officials, and, sadly, some Immigration Judges, have done, asylum applicants from the Northern Triangle aren’t hustled through the “assembly line” and are given a fair chance to be represented and to gather the documentation necessary to overcome Sessions’s badly warped misconstruction of country conditions and intentionally misleading dicta in Matter of A-B-.
So, how can these Border Patrol folks tell by “eyeballing” thousands of individuals from the other side of the border whether their claims are “bona fide” or not? That, even after Trump’s and Sessions’s best efforts to “game” the system, the majority of arrivals from Central America still manage to pass “credible fear” examinations from the USCIS Asylum Office suggests that these Border Patrol officials are blowing (dangerous) “hot air” into an already volatile situation. That’s totally irresponsible Time for some accountability all up and down the line for those carrying out Trump’s misguided immigration policies with no visible resistance to actions that at best strain, and quite possibly violate, our established asylum laws and procedures!
