THREE THANKSGIVING CHEERS FOR IMMIGRATION JUDGE JULIE NELSON (SF) & APPELLATE IMMIGRATION JUDGE ELLEN LIEBOWITZ (BIA) — Doing Justice, Granting Asylum, Saving Lives In The Age Of Trump!

My colleague Judge Jeffrey Chase of our Roundtable of Former Immigration Judges reports some good news:

Also, for those of you who subscribe to Ben Winograd’s index of unpublished BIA Decisions, today’s update includes an unpublished decision dated Nov. 6, 2019, Matter of A-C-A-A- (single BM Ellen Liebowitz), affirming the IJ’s grant of asylum in a domestic violence case based on her cognizable PSG of “Salvadoran females.”  The written decision of the IJ, Julie L. Nelson in SF, is also included.

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Thanks to those judges like Judge Nelson and Judge Liebowitz who are continuing to stand up for the rights of asylum seekers “post-A-B-.” 

And, many thanks to Jeffrey & Ben for passing this good news along and for all they do for Due Process every day!

What if rather than the “A-B- atrocity” made precedent by unethical White Nationalist Jeff Sessions, we had an honest, independent Immigration Court system that encouraged fair and impartial adjudications and implemented asylum laws generously, as intended (see, e.g., INS v. Cardoza-Fonseca) by publishing precedent decisions like this recognizing the right to protection? 

BIA precedents on asylum have intentionally been constructed in a negative manner, showing judges how to deny, rather than grant, protection and encouraging them to take a skewed anti-asylum view of the law. Even worse, bogus, unethical, legally incorrect “Attorney General precedents” are uniformly anti-asylum; the applicant never wins.  

Some judges, like Judge Nelson and Judge Leibovitz, take their oaths of office seriously. But, too many others “go along to get along” with the unlawful and unethical “anti-asylum program” pushed by the White Nationalist Trump Regime.

Indeed, even during my tenure as an Immigration Judge, I remember being required to attend asylum “training” sessions (in years when we even had training) where litigating attorneys from the Office of Immigration Litigation basically made a presentation that should have been entitled “How to Deny Potentially Valid Asylum Claims And Have Them Stand Up On Judicial Review.”

It’s also past time for the Supremes and the Circuit Courts of Appeals to get their collective heads out of the clouds, start paying attention, begin doing their jobs and strongly rejecting “disingenuous deference” to bogus, illegal, unethical  “precedents” rendered by politically biased enforcement hacks like Sessions and Barr who have unethically usurped the role of quasi-judicial adjudicator for which they are so clearly and spectacularly unqualified under the Due Process Clause of the Fifth Amendment. It’s nothing short of “judicial fraud” by the Article IIIs! Constantly Confront Complicit Courts 4 Change!

With a more honest and legally correct favorable precedents on asylum, many more cases could be documented and granted at the Asylum Office and Immigration Court levels. The DHS would be discouraged from wasting court time by opposing meritorious applications. The backlog would start going down. There would be fewer appeals. Justice would be served. Worthy lives would be saved. DHS could stop harassing asylum seekers and start enforcing the laws in a fair and reasonable manner. America would lead the way in implementing humanitarian laws, and we would become a better country for it.

Help the New Due Process Army fight for a better, more just, future for America and the world.

Due Process Forever!

Happy Thanksgiving.

PWS

11-28-19

TRUMP PLANS TO KICK OFF NEW YEAR WITH MORE “CRIMES AGAINST HUMANITY” — Removals Of Asylum Seekers To Dangerous Honduras Just Latest Example Of Congressional & Judicial Complicity In White Nationalist Regime’s Grotesque Perversions Of Law & Truth!

https://www.buzzfeednews.com/article/hamedaleaziz/asylum-seekers-deportation-honduras-trump

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
BuzzFeed News

Hamed Aleaziz reports for BuzzFeed News:

The White House has directed the Department of Homeland Security to implement a deal to send asylum-seekers to Honduras by January, the second in a series of controversial agreements made with Central American countries to deport immigrants seeking protection at the southern border, according to a government document obtained by BuzzFeed News.

Implementing the agreement has been met with a series of issues that appear to be complicating the January deadline. The deal with Honduras was initially signed in September — at the time, agency officials did not provide many specific details about its implementation — and is part of the Trump administration’s strategy to deter asylum-seekers from coming to the US border.

Critics say the Trump administration is forcing people who are fleeing violence and poverty to go back to countries in what’s known as the Northern Triangle that have weak asylum systems and are unable to protect their own people, let alone immigrants.

Last week, DHS officials implemented a similar agreement to send adult asylum-seekers picked up in the El Paso area who are from Honduras and El Salvador to Guatemala.

In October, DHS officials traveled to Honduras to discuss details about implementing the unprecedented plan, called the Asylum Cooperative Agreement (ACA), according to briefing materials drawn up for acting DHS Secretary Chad Wolf and obtained by BuzzFeed News.

The discussions in Honduras appear to have hit a few roadblocks. First, Honduran officials requested that no one convicted or accused of a felony crime be sent to their country, a proposal that was seen by DHS officials as “operationally unfeasible given the expedited nature of the removals.”

They also wanted asylum-seekers to “manifest their conformity,” or express their agreement, to being transferred — something DHS officials recommended rejecting or clarifying because it was “not legally or operationally feasible.”

And third, Honduras wanted transfers to start only once both countries “provided notification that they have complied with the legal and institutional conditions necessary for proper implementation of this agreement.” But privately, DHS officials viewed that request as an attempt to get out of the deal if they wanted to.

“This reads as GOH’s escape-hatch not to implement the ACA given its lack of ‘institutional conditions’ or as the hook to demand more assistance” from the US or non-governmental organizations, the officials wrote.

The Central American country also wanted a definition of what would constitute a “public interest” exemption to deporting someone to Honduras. The vague exemption is also being used in the plan to deport asylum-seekers from El Salvador and Honduras to Guatemala.

But in their recommendation to Wolf, DHS officials said the request should be rejected since “it gives the US government more operational flexibility not to define what we consider the ‘public interest exemption’ for when we chose not to remove an alien pursuant to the ACA.’”

DHS officials have previously said that more than 71% of those apprehended at the southern border in the 2019 fiscal year were from Guatemala, Honduras, or El Salvador.

Honduras had a homicide rate of 40 per 100,000 people in 2017, while Guatemala’s was 22.4 per 100,000 inhabitants, among the highest in the Western Hemisphere, according to InSight Crime.

The “third country”-like agreements with Guatemala, Honduras, and El Salvador, paired with policies that force asylum-seekers to remain in Mexico for the duration of their cases in the US and a rule that bars asylum for people who cross through Mexico to get to the southern border, would nearly close off the US to people fleeing persecution in Central America.

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The functional end of U.S. refugee and asylum laws without any participation from Congress which had enshrined them in statute will go down as one of the most disgraceful and cowardly acts of a disintegrating republic now ruled by a White Nationalist regime.

PWS

11-26-19

 

PROFESSOR KAREN MUSALO @ LA TIMES: We Can Restore Legality & Humanity To U.S. Asylum Law — That’s Why The Refugee Protection Act Deserves Everyone’s Support — “The bill lays out a plan to allow women and girls fleeing gender-based violence the opportunity to obtain asylum, and bring our country back in line with its humanitarian commitments. It’s a vision that all members of Congress should be able to get behind, even at a time of bitter partisanship.”

Karen Musalo
Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings LawMusalo

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=55eeae6e-b617-4ffd-b041-a54c15a3ada7&v=sdk

Professor Musalo writes in the LA Times:

Every day, courageous women and girls arrive at our southern border seeking refuge from unimaginable violence. Under our laws, they have the right to apply for asylum and have their cases heard. But rather than offering protection, the Trump administration is determined to send them back to the countries they have fought so hard to escape.

On Thursday, Sen. Patrick J. Leahy (D-Vt.) and Rep. Zoe Lofgren (D-Calif.) introduced the Refugee Protection Act. The bill lays out a plan to allow women and girls fleeing gender-based violence the opportunity to obtain asylum, and bring our country back in line with its humanitarian commitments. It’s a vision that all members of Congress should be able to get behind, even at a time of bitter partisanship.

It’s no secret that this administration is systematically dismantling our asylum law. Women and children have borne the brunt of the suffering — from the egregious policies of family separation and “Remain in Mexico,” to the quiet publication of decisions by the attorney general that have closed door after door to those seeking safety.

The Refugee Protection Act would rectify many of these inhumane actions, and includes language to reverse recent decisions that have made it nearly impossible for women fleeing domestic violence or gang brutality to qualify as refugees.

One of those decisions — known as Matter of A-B- — was handed down by then-Atty. Gen. Jeff Sessions in 2018. That decision has been used to limit the legal definition of “refugee” in an attempt to eliminate the possibility of asylum in the U.S. for victims of domestic violence, sex trafficking and other gender-based human rights violations. Since then, we have seen asylum approval rates plummet for women, children and families arriving at our southern border.

The Matter of A-B- case involves a domestic violence survivor from El Salvador who fears she will be killed if she is sent back to her country. My organization, the Center for Gender & Refugee Studies, has represented A.B. in her asylum case for nearly two years.

In El Salvador, A.B., a courageous and resilient woman, endured over 15 years of beatings, rapes, death threats and psychological abuse at the hands of her husband. She secured a divorce and even moved to another part of El Salvador, desperate to escape her abuser. But no matter where she went, he tracked her down. When she requested a restraining order, the police provided her one — and told her to hand-deliver it to him. Fearing that he would make good on his threat to kill her, she fled to the United States.

In 2016, A.B. was granted asylum by the highest administrative tribunal in the immigration system, the Justice Department’s Board of Immigration Appeals. But in a highly unusual procedural move, Sessions seized upon A.B.’s case, overturned the grant of asylum, and used it to declare that the United States should no longer extend protection to domestic violence survivors.

A.B. has appealed Sessions’ action, but until a final decision is reached, she remains terrified that she will be deported. Countless other women who have made the arduous journey to the United States also face a hostile immigration system and, post-Matter of A-B-, an even harder legal battle.

Congress has an opportunity to correct this. The new bill would clarify legal requirements for asylum and provide clear guidance for cases involving gender-based violence. It would ensure that asylum seekers like A.B. get a fair opportunity to argue her claim before a judge.

The United States has a long history of giving refuge to people who’ve come to our shores. This measure would be a step toward restoring that tradition.

Karen Musalo is a law professor and the founding director of the Center for Gender & Refugee Studies at UC Hastings College of the Law. She is also lead coauthor of “Refugee Law and Policy: An International and Comparative Approach (5th edition).”

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Here’s  a link to an ImmigrationProf Blog summary and the text of the Refugee Protection Act, a recently introduced bill:

https://lawprofessors.typepad.com/immigration/2019/11/karen-musalo-restore-asylum-for-women-fleeing-abuse-and-death-.html

PWS

11-24-19

WHITE NATIONALIST ADMINISTRATION, CORRUPT BUREAUCRATS, FECKLESS FEDERAL JUDGES COMBINE TO COMMIT “CRIMES AGAINST HUMANITY” AGAINST LEGAL ASYLUM APPLICANTS UNDER “LET ‘EM DIE IN MEXICO” PROGRAM — “[R]eturning home would be suicide.”

Kevin Sieff
Kevin Sieff
Latin America Correspondent
Washington Post

https://www.washingtonpost.com/world/the_americas/in-squalid-mexico-tent-city-asylum-seekers-are-growing-so-desperate-theyre-sending-their-children-over-the-border-alone/2019/11/22/9e5044ec-0c92-11ea-8054-289aef6e38a3_story.html

Kevin. Sieff reports for the WashPost:

November 22, 2019 at 3:43 p.m. EST

MATAMOROS, Mexico — In the middle of the largest refugee camp on the U.S. border — close enough to Texas that migrants can see an American flag hovering across the Rio Grande — Marili’s children had fallen ill.

Josue was 5. Madeline was 3. The small family was huddled together in a nylon camping tent with two blankets last week when the temperature sank to 37 degrees. The children started coughing, Marili said. Then their fingers and toes turned bright red. The camp’s doctor had begun to see cases of frostbite.

Like most of the roughly 1,600 asylum seekers at the informal camp, Marili and her children had crossed the border into the United States this summer only to be sent back to Mexico to await their asylum cases — part of a year-old U.S. policy called the Migrant Protection Protocols.

In recent weeks, dozens of parents have watched as their children, sleeping outside in the cold, have become sick or despondent. Many decided to get them help the only way they knew how — sending them across the border alone. As Josue and Madeline grew sicker, it was Marili’s turn to make a decision.

USAID helped set up microfinance in Guatemala. Now it’s funding illegal migration.

These cases illustrate the human toll of the Trump administration’s policy and suggest the United States, Mexico and the United Nations were unprepared to handle many of the unforeseen consequences.

Marili, fleeing gang violence in Honduras, knew that unaccompanied children were admitted into the United States without enduring the MPP bureaucracy and the months-long wait. The 29-year-old mother — who, like others here, asked not to be identified by her last name, for fear it could affect her asylum case — believed that returning home would be suicide. So she bundled up her children in all of their donated winter clothes and scrawled a letter to U.S. immigration officials on a torn piece of paper.

“My children are very sick and exposed to many risks in Mexico,” she wrote. “I don’t have any other way to get them to safety.”

She pressed the letter into Josue’s hand, she said, and pointed the children to three U.S. Customs and Border Protection agents in the middle of the Gateway International Bridge, the span across the Rio Grande that connects Matamoros to Brownsville, Tex.

“Josue told me, ‘Please don’t send us,’ ” Marili said, crying at the memory. “But as a mother, I knew it was the best decision for them.”

Then she sprinted to the bottom of the bridge and watched through the fence as her children turned themselves in, weeping and wondering when she would see them again, hoping they would find their way to her husband. He had entered the United States and applied for asylum before MPP was implemented. He was allowed to stay.

When they filed their asylum claim, they were told to wait in Mexico. There, they say, they were kidnapped.

In the past three weeks, migrants and aid workers say, at least 50 children have made the same crossing. The Washington Post interviewed the parents of 20 of them. On Tuesday morning, three more children were sent over. On Wednesday, another three. From tent to tent, families now talk openly about whether and when they will send their children.

More than 47,000 migrants have been sent back to Mexico since MPP started in January. Through September, 9,974 cases had been completed; only 11 migrants, or 0.1 percent, had received asylum, according to the Transactional Records Access Clearinghouse, or TRAC, a research center at Syracuse University.

“It’s becoming clear to us that this whole thing is a lie,” said Reyna, 38, who sent her 15-year-old daughter, Yoisie, across the border last week. “They tell us to wait and wait and wait, but no one here gets asylum.”

The Department of Homeland Security did not return calls seeking comment.

Asylum seekers began sleeping out in the wooded field here at the base of the international bridge in August. They receive no assistance from the United States or the United Nations. They rely instead on tents, clothing and food donated by a group of American retirees and medical attention from a nonprofit group whose one doctor sits under a blue tarp.

U.N. officials say they were told months ago that the migrants would be moved by the Mexican government to better conditions. It hasn’t happened.

“We started hearing about the situation, but we just didn’t have enough capacity to help,” said Dora Giusti, the head of child protection at UNICEF in Mexico. “And the Mexican government kept saying [the migrants] would be moved out of the state, so we were waiting to see if we could respond there.”

The U.N. refu­gee agency says border cities in Tamaulipas state, where Matamoros is located, “are among the most insecure and dangerous in the country, which has limited our actions on the ground.”

A 19-year-old Salvadoran woman wanted to reunite with her father in California. She was shot dead in Mexico.

The municipal government opened a shelter at an indoor basketball court last month. With a capacity of 300, it’s already full. It’s also miles from the bridge, making it more difficult for migrants to reach the border for their court dates, or to meet with pro-bono lawyers. Every day, the U.S. government sends dozens of migrants to Matamoros under MPP. They are taken directly to the encampment and often sleep outside until they find a tent.

The camp consists of hundreds of tents clustered together on a spit of sidewalk and a stretch of scrubland along the Rio Grande. There are only a few showers, so many people bathe and wash their clothes in the river. Once a dead cow floated by and became lodged next to the camp. Another time, the headless corpse of a man washed ashore.

A cold front settled here for three days last week. Immediately, children started getting sick.

Gabrielle, 15 — from San Pedro Sula, Honduras — started coughing. Sarai, 12 — also from Honduras, from Santa Rosa de Copan — was vomiting. Valeria, 5 — from the Honduran capital, Tegucigalpa — developed a fever and became despondent.

Global Response Management, the Florida-based nonprofit that runs the small medical clinic under the blue tarp, saw a surge in patients, most of them children. The most common cases were respiratory illnesses, said Megan Algeo, the doctor on call at the time. In one case, Algeo said, she persuaded U.S. immigration agents to admit a child for emergency care.

Elderly Mexicans are visiting their undocumented children in Mexico — with the help of the State Department

Parents in different parts of the camp decided it wasn’t fair to keep their children here. Some joined a Facebook group called Mothers in Search of Asylum to discuss their options and what would happen if their children crossed the border alone.

“I kept thinking, my daughter is going to die here,” said Blanca, Valeria’s mother.

They all had relatives in the United States. Their idea was to send their children to live with spouses, siblings, cousins while they waited in Matamoros to complete the asylum process. They worried about another cold front, or another flood (there was one in September), or cartel-sponsored kidnappings.

Gabrielle walked across the bridge alone, carrying a plastic bag with her asylum papers. Sarai went with a friend. Valeria and her sister, Anahi, 7, crossed together, holding hands.

All are now in shelters in different parts of the United States. Under U.S. policy, children who enter the country unaccompanied are taken into government custody until authorities can connect them with relatives to whom they can be released.

Glady Cañas, who runs Helping Them Triumph, one of the few humanitarian organizations at the camp, tries to persuade parents not to send their children alone.

“Why did you send your child?” she demanded of Israel, Gabrielle’s father.

Israel, 40, stared at the ground. They were standing in front of his blue tent.

“She was sick,” he said. “We were desperate. A child can’t wait here for a year like this.”

Cañas hugged him.

“I personally don’t agree with what they are doing,” she said later. “A child needs their parents. But when you look around here, you understand the desperation.”

Falling coffee prices drive Guatemalan migration to the United States

For many families here, the children — and the threats against them — were the reason they fled their countries in the first place.

Victor, 28, left El Salvador with his daughter, Arleth, now 10, after she was sexually assaulted by a man affiliated with a local gang. Victor pressed charges. He carries court documents and hospital records that substantiate the case in alarming detail. The man was sentenced to 12 years in prison for “sexual aggression of a minor,” one court transcript says.

As soon as he was sentenced, Victor said, gang members came after the family. In August, they fled.

Victor and Arleth were sent back to Matamoros on Aug. 28, before tents were available. They spent 15 days sleeping outside. Eventually, he found a job in a Chinese restaurant earning $7 per day. He saved up and bought a camping tent.

But after two months, Arleth was sick, vomiting all the time. Their tent had flooded twice in the rain. After her assault, she struggled to remain calm in large groups of people, and she hated walking across the camp to use one of the portable toilets.

Victor took her several times to the Doctors Without Borders nurse who came to the camp twice a week. But she never improved.

Their ancestors fled U.S. slavery for Mexico. Now they’re looking north again.

In late September, on Arleth’s 10th birthday, Victor bought her a cake and five candles. He asked someone in a neighboring tent to take a picture of them smiling.

When her health did not improve, Victor asked her what she thought of crossing alone.

“She told me: ‘Dad, I just want to be out of this place. I want to be in the United States,’ ” he said.

Lawyers working in the camp have recently become aware of the many parents choosing to send their children alone.

“These parents have been forced to consider an unthinkable choice — to save their children by sending them into the U.S. alone or to keep them in northern Mexico, where they will be exposed to severe illness, kidnapping, torture and rape,” said Rochelle Garza of the American Civil Liberties Union of Texas.

During the last week of October, Victor walked Arleth to the edge of the international bridge and watched her shuffle toward U.S. immigration agents.

“We had never been apart,” he said later, crying. “Her entire life, we had always been together. . . .

“People might hear what I did and think I’m a bad parent. But it’s the opposite. I did this for my daughter because we had no other choice to save her.”

For a week he didn’t hear from her. Then she called his mother back in El Salvador. She was at a government shelter somewhere in Texas. The details were hazy.

His mother recorded a message from daughter to father.

“Don’t worry, Dad. I’m okay,” she said. “I hope that soon you’ll be with me.”

He played the message over and over and cried.

“The truth is I don’t have much confidence that my case is going to work out,” he said. “I’m fighting it for her. But I don’t know.”

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The Trump Administration response: Expand the “Let ‘Em Die In Mexico Program” to additional locations near Tucson, Arizona.

It’s a national disgrace unfolding before our eyes, getting worse every day!

PWS

11-23-19

WHILE LIFE-TENURED FEDERAL JUDGES CHICKEN OUT, FORMER ASYLUM OFFICER DOUG STEPHENS SPEAKS OUT IN NYT VIDEO EDITORIAL AGAINST JUDICIALLY-ENABLED NATIONAL DISGRACE OF “LET ‘EM DIE IN MEXICO” — “A former asylum officer says ‘remain in Mexico’ and other policies undermining asylum aren’t just racist, they’re illegal.”

Doug Stephens
Doug Stephens
Attorney
Former Asylum Officer

https://www.nytimes.com/2019/11/20/opinion/trump-asylum-remain-mexico-policy.html

By Doug Stephens

Mr. Stephens is a lawyer.

Video by Leah Varjacques and Taige Jensen

In the Video Op-Ed above, a former asylum officer reveals why he resigned: to protest President Trump’s policy requiring migrants to remain in Mexico while awaiting hearings.

Doug Stephens had been an asylum officer for two years. But two days and five interviews that resulted in sending asylum seekers back to danger shook him. He drafted a memo detailing his legal objections to the policy, and circulated it to 80 of his colleagues, his supervisors and a member of Congress. And then he quit.

Mr. Stephens is not the only asylum officer who has grappled with following orders. In interviews with a half-dozen current and former asylum officers across the country, The Times learned of individuals leaving their posts, requesting job transfers and falling into deep depression.

The right to asylum has been a cornerstone of international immigration law since the 1951 United Nations Convention Relating to the Status of Refugees. The United States, along with 144 other nations, made a commitment to protect those who arrive at our borders with “a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.”

To date, Mr. Trump’s remain in Mexico policy, officially known as one of the “Migrant Protection Protocols,” has left nearly 58,000 asylum seekers stranded in Mexico.

Doug Stephens, a lawyer, resigned his post as a Citizenship and Immigrations Services asylum officer in San Francisco in August.

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See the video at the above link.

Doug “gets it,” and it didn’t take him long. My Georgetown Law students “got it.” They kept asking me how this could be happening when it seemed to be clearly illegal and a violation of the Fifth Amendment as well as international treaties.  

But, Chief Justice John Roberts and the majority of the Supremes don’t get it? A three-judge panel of the Ninth Circuit didn’t get it? The Ninth Circuit ruminates for months on a question that a District Judge already answered in short order and that most first year law students could figure out in a few minutes. Circuit Courts keep signing off on removal orders produced by a clearly unconstitutional “kangaroo court” system where applicants are denied a fair and impartial decision-maker and the Chief Prosecutor can and does reach in and change results favorable to the applicant that he doesn’t like? 

Something is wrong with this picture. And, it starts with intellectual corruption and cowardice at the highest levels of our Federal Judiciary.

Trump has never made any secret that he hates refugees and migrants for unconstitutional racial, ethnic, and political reasons, that he intends to keep them out, and that he really doesn’t care about the Constitution, due process (except for himself), the Refugee Act, or international norms. He has utter contempt for Federal Judges and for Congress.

He tried, with spectacular lack of success, to get Congress to change the immigration and refugee laws by holding “Dreamers” hostage. Failing, he just went ahead and plowed through the Refugee Act, the Fifth Amendment, and the UN Convention, harming and killing folks in his wake. Just like he illegally reprogrammed money to build an unneeded, yet politically significant, “wall” that Congress had pointedly refused to fund. Never let the law, the national interest, or democratic institutions get in the way of the Trump White Nationalist political agenda.

The Court’s response: Let’s look the other way, like we did in the “Travel Ban Case.” We’re sort of offended by your unpresidential conduct, but, hey, as long as it doesn’t affect us and our families we’ll just hope you’ll tone it down because we really don’t want to confront you. But, if you “double down” instead, we’ll pretend like it’s never happened. Oh, and by the way, perhaps we can help you heap further abuse on your “Dreamer hostages.” What’s a little more pain and suffering on kids that we can cover up with legal gobbledygook.

One of Trump’s biggest “dissings” of the Supremes: His Administration’s total disregard and effective overruling of the Supreme’s landmark INS v. Cardoza -Fonseca case requiring the Government to implement a generous interpretation of the “refugee” definition for asylum to conform to the plain language of the statute as well as the Congressional intent behind the Refugee Act. Donald Trump and his immigraton thugs don’t even recognize what “generosity” is, and he has basically wiped out the Refugee Act and its asylum provisions without any changes in the law. How’s that for contempt of Court!

Roberts can blabber his head off about whether there are “Obama Judges” or “Trump Judges.” But, actions speak louder than words; until he and his fellow GOP appointees on the Court actually stand up to Trump’s abuses of the law, his babbling will be drowned out by Trump’s tweets.

Trump’s not right about much. But, maybe he has a point in his contemptuously arrogant attitude that the Supremes and most Circuits won’t dare require him to follow the laws or operate within the Constitution, particularly as his continues to “pack” the Federal Courts with his guaranteed judicial toadies.

That’s going to be the legacy of the “Roberts Court” if our Chiefie doesn’t wake up some morning with a new backbone and start joining his liberal colleagues in putting some breaks on Trump’s outrageous scofflaw conduct in the immigration and asylum area and saving some innocent lives in the process.

And the process should start with emphatically rejecting the Solicitor General’s unethical and often factually  inaccurate and legally defective attempts to invoke the Supremes’ aid in short-circuiting the system any time the Big Baby Boss is upset with lower courts properly reigning in his illegal actions and making him follow the rules like everyone else.

Trump’s “malicious incompetence” often doesn’t accomplish much. He’s a divider, not a uniter.  He’s only President of his base. The majority of the Americans can just “go pound sand” as far as he’s concerned.

But one thing he might eventually unite Americans on, for differing reasons, is contempt for spineless Federal Courts who won’t stand up to tyranny. And, that won’t be good for the future of our Constituitional Republic.

Due Process Forever! Complicit Courts Never!

That’s why the “New Due Process Army” could be the last, best hope for American’s survival. Constantly Confront Complicit Courts 4 Change!  The “blood of the innocents” will be upon their spiffy robes if the “privileged life-tenured ones” don’t get out of their “ivory tower hazes” and have the guts to do their jobs!

PWS

11-20-19

GABE GUTIERREZ @ NBC NEWS: Here’s What “Let ‘Em Die In Mexico” Looks Like — The Systemic Failure Of The Supremes & The 9th Circuit To Hold Trump Administration Accountable For Dishonesty & Violating Statutory & Constitutional Rights Of Asylum Seekers In Multiple Contexts Has Human Consequences! — Encouraged By Feckless Appellate Judges, Corrupt DHS Officials Tout Benefits Of Endangering Lives Of Asylum Seekers As A “Deterrent!”

Gabe Gutierrez
Gabe Gutierrez
NBC News Correspondent
Atlanta, GA

https://www.nbcnews.com/news/latino/asylum-seekers-wait-mexico-trump-admin-touts-drop-border-apprehensions-n1086291

MATAMOROS, Mexico — The stench is overpowering. During the day, it seems to bake on the squalid concrete. At dawn, it seeps into the cool air — a suffocating mix of human waste and campfires.

Just steps from Brownsville, Texas, a makeshift tent city is growing next to the international bridge. More than 1,200 migrants — many from Mexico and Central America, others from Cuba — are waiting.

This year, the Trump administration enacted what it calls Migrant Protection Protocols, or MPP. Also known as the “Remain in Mexico” policy, it requires U.S. asylum-seekers to stay in that country while their claims are processed. Before MPP, families would be allowed to wait for their court hearings in the United States.

More than 55,000 migrants have been returned to Mexico under this policy, U.S. Customs and Border Protection officials said — and it’s become a bottleneck at the border.

“This is 100 percent a humanitarian crisis,” Jodi Goodwin, a Texas immigration attorney, said. “These policies are not implemented in a vacuum and there are very real human consequences.”

Carlos, from Honduras was among the migrants who spoke with NBC News and asked not to have his last name used for fear of reprisals. The 27-year-old said he’d been at the makeshift camp for four months with his 2-year-old epileptic son — and he’s struggled to find medical care.

“The most difficult part is when my son has convulsions and I’m alone in the tent,” he said. “It’s happened twice at night and I can’t do anything.”

“We’re sending a message”

According to CBP, apprehensions at the Southwest border have plummeted from 144,116 in May to 45,250 in October. That’s a 68 percent drop.

“Migrants can no longer expect to be allowed into the interior of the United States based on fraudulent asylum claims,” Mark Morgan, the acting commissioner of CBP, said at a White House briefing last week. “We’re sending a message to their criminal organizations to stop exploiting these migrants.”

The Trump administration has argued the change is working because in essence, the Remain in Mexico policy has served as a deterrent for migrants as well as human smugglers.

But immigrants advocates argue that claim is dubious and has merely increased desperation and fear on the Mexican side of the border.

In Matamoros, the Mexican government recently opened a shelter about a 30 minute walk from the international bridge in response to the influx of migrants. But many of the families refuse to stay there because they fear a growing threat from the cartels.

One man, Josué, told NBC News his two young daughters were sexually assaulted by a man he believes was a cartel operative. The girls had been washing themselves in the Rio Grande when he touched them, Josué said. He showed NBC News a police report he’d filed.

“Matamoros is controlled by the cartels and the bad people,” he said. “When I got here, I was really scared.”

So volunteers are taking action. Every day, a group called “Team Brownsville” is among those who bring food and supplies across the border.

As the sun begins to set, migrant families line up for a meal.

“It breaks my heart to see the need here,” said Mary Vanderhoof, a volunteer from New Jersey. “There’s no reason that people should be living like this.”

Sergio Córdova, one of Team Brownsville’s organizers, said he’s been coming here since the summer of 2018. What started as just a few migrants with donated cots has exploded into a full-blown tent city.

“How can you look away?” he asked. “Are we going to be a country that says ‘We looked away?’ Or did we do something?”

Follow NBC Latino on Facebook, Twitter and Instagram.

pastedGraphic.png

Gabe Gutierrez

Gabe Gutierrez is an NBC News Correspondent based in Atlanta, Georgia. He reports for all platforms of NBC News, including “TODAY,” “NBC Nightly News,” MSNBC and NBCNews.com.

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

Check out the video at the above link.

“How can you look away?” he asked. “Are we going to be a country that says ‘We looked away?’ Or did we do something?”

Sergio Cordova “gets it!” How come John Roberts and his tone-deaf “conservatives” who looked the other way at gross legal, Constitutional, and human rights abuses in East Side Sanctuary Covenant and the irresponsible judges on the Ninth Circuit panel that “greenlighted” these specific “designed to kill and abuse procedures” in Innovation Law Labs don’t?

How would anybody subjected to this type of cruel and inhuman treatment possibly be able to present their asylum case? Many, in fact, don’t even receive proper notice or timely access to their hearings, a fact patently obvious but ignored by the Ninth Circuit panel. Others shouldn’t even be in the program or receive knowingly “fake hearing notices” from a lawless DHS unleashed by feckless Federal Appellate Judges who won’t do their jobs.

Several U.S. Immigration Judges and a whole bunch of Asylum Officers have put their careers on the line to “just say no” to these outrages! What’s the excuse for the cowardly performance from those given the privilege of life tenure?

The grotesque derelictions of duty by the Supremes and the Ninth Circuit not only enable individual human rights abuses like these every day, but also their failure to require adherence to the Constitution, the Refugee Act, and our international obligations has emboldened the Administration to enter into totally fraudulent “Safe Third Country” agreements that will “orbit” asylum seekers to some of the most UNSAFE countries in the world, without credible asylum systems and without any procedures in place to guarantee their safety and fair treatment.

Due Process Forever! Complicit Federal Courts Never! Remember my “5Cs” — Constantly Confront Complicit Courts 4 Change! Make those who are trying to “look away” confront the legal mess and human carnage stemming every day from their irresponsibility and failure to stand up for justice for the most vulnerable among us.

PWS

11-20-20

JUDICIAL MALFEASANCE AT THE HIGHEST LEVELS: FECKLESS FEDERAL COURTS STAND BY & WATCH WHILE TRUMP ADMINISTRATION ORBITS ASYLUM SEEKERS INTO THE VOID — Apparently Both The Law & Human Lives Have Ceased To Have Meaning For Those Blessed With Lifetime Tenure & No Accountability For Human Rights Abuses!

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
BuzzFeed News

https://apple.news/AijtlVW8iRqm87hLGuQq7uA

Hamed Aleaziz reports for BuzzFeed News:

Trump Is Sending Asylum-Seekers To Guatemala. His Administration Privately Admitted It Had No Idea What Would Happen To Them Next.

BuzzFeed News Reporter

A group of Guatemalan migrants deported from the US arrive at the Air Force base in Guatemala City on Sept. 5.

In the final days before launching a controversial plan to send asylum-seekers arriving at the US border to Guatemala, Department of Homeland Security officials were still scrambling to figure out critical details, including how those seeking protection would obtain shelter, food, and access to orientation services, according to government briefing materials obtained by BuzzFeed News.

Despite the questions, the documents indicate that DHS planned to send 12 asylum-seekers on the first flight to Guatemala, a Central American country that has struggled with violent crime, and was tentatively scheduled to depart on Tuesday.

The materials, drawn up last week for newly appointed acting DHS Secretary Chad Wolf, suggest that department officials were trying to finalize key details regarding the implementation of a complicated proposal to send asylum-seekers arriving at the US border to Guatemala as part of a deal similar to a safe third country agreement.

The plan has been highlighted by the Trump administration as a key element in its strategy to deter migration at the border and another method to restrict asylum-seekers from entering the US.

“There is uncertainty as to who will provide orientation services for migrants as well as who will provide shelter, food, transportation, and other care,” read the DHS brief, drafted for Wolf in the run-up to a meeting Friday with Guatemala’s Interior Minister Enrique Degenhart. The implementation plan spelled out that Guatemala would provide the services but recently there had been “confusion” as to whether that would happen, according to the materials.

Wolf was urged to raise the issues with Degenhart in their meeting and clarify the outstanding issues.

“The U.S. needs confirmation from the [Government of Guatemala] that they will provide shelter, transportation, and food,” the briefing materials read. “If not, the U.S. and [Government of Guatemala] need to brainstorm other avenues of assistance.”

It is unclear if the planned flight is still scheduled to take off.

Trump administration officials have said that partnering with countries in Central America ultimately benefits the US by cutting down on the number of asylum-seekers attempting to make the journey to the US. Advocates counter that such agreements place vulnerable populations in countries that lack systems for adequate asylum processing and have high murder rates and rampant crime.

Guatemala is one of the poorest countries in the Western Hemisphere and has the sixth-highest rate of malnutrition in the world. Nearly half of the country suffers from chronic malnutrition, with the prevalence reaching about 70% in some indigenous areas of Guatemala, according to a 2018 report from USAID.

The country has struggled with violence but has seen a drop in murders in recent years, with a homicide rate of 22.4 per 100,000 people. By comparison, the US had a homicide rate of 5.3 per 100,000.

A recent United Nations report also found that about 98% of crimes in Guatemala went unpunished in 2018.

The government posted regulations on Monday that clear the way for asylum officers to begin screening asylum-seekers under the plan. The interim final rule, which takes effect Tuesday, creates a process for asylum-officers to screen migrants thrust into the plan. In short, unless an asylum-seeker can prove it is “more likely than not” that they will be persecuted or tortured in Guatemala, they will be removed to the country to obtain protections there.

Administration officials have previously told congressional staffers that more than 200 individuals had applied for asylum in Guatemala, but only 18 had been processed.

While DHS officials have in the past heralded the involvement of the United Nations High Commissioner for Refugees in helping build up Guatemala’s nascent asylum system, the briefing materials suggest that those efforts have been rocky, at best.

“It is our understanding that for some time now there has been friction between the [Government of Guatemala] and UNHCR regarding UNHCR’s role in the implementation” of the plan, according to the briefs. The UN has told US government officials it would provide orientation services for asylum-seekers who have been sent back to Guatemala.

But Guatemalan officials have told the US that UNHCR would not have access to their “reception centers and asylum programs.”

On Saturday, Reuters reported that US officials said asylum-seekers forced into the plan would not be flown to remote areas of Guatemala, an option the Central American country had proposed.

“All airports are being analyzed,” Degenhart told Reuters. “There are some that’ll qualify but others that won’t.”

The agreement could be one way for the Trump administration to attempt to safeguard a potential court overturn of its policy banning asylum for those who cross through a third country.

While the Supreme Court allowed for the policy to continue while the case continues in a federal appeals court challenge, it’s unclear whether the justices or the federal appellate court will ultimately side with the Trump administration.

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

So, the Supremes and the 9th Circuit are “ruminating” about these issues while folks are dying or being sent off to oblivion by an Administration notorious for its operational incompetence and its bad faith approach to immigration and asylum laws. How is that a “Safe Third Country” or a “right to apply for asylum regardless of status?” How is that performing the judicial duties for which they supposedly are being paid?

Meanwhile, corrupt immoral Administration officials are out there touting these programs as “deterrents” — not a means of fair adjudication or actual protection under our laws and international Conventions. So, why are Federal Appellate Judges and Supreme Court Justices so oblivious to truth? 

Hopefully, law schools are bringing up a new generation of lawyers that pay more attention to ethics, take the time to understand the human side of the law, and who will be courageous enough to stand up for individuals’ human rights against Government overreach. Obviously, too many of the preceding generations of “lawyers turned appellate judges” flunked on all counts.

Maybe a period of time representing migrants pro bono should be an absolute requirement for future Federal Judicial appointments. No matter how you look at it, we’re experiencing an institutional meltdown in the Federal Appellate Judiciary that, when combined with a lawless authoritarian Administration run wild, is endangering both our country and humanity.

PWS

11-19-19

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

Maria Verza
Maria Verza
Journalist
Associated Press

 

https://apple.news/A0kbZvXqkS_GkfZ67SldXDA

 

Maria Verza reports for the Associated Press:

 

 

Migrants stuck in lawless limbo within sight of America

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

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

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

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

———

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

———

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

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

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

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

———

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

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

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

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

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

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

———

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

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

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

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

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

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

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

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

Yohan’s family was among them.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

———

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

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

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

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

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

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

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

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

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

But the numbers indicate the danger is real.

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

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

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

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

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

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

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

———

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

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

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

The airport is also tightly controlled.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

———

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

 

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

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

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

 

PWS

11-18-19

 

“CONSTITUTIONAL CASTRATION”– CATHERINE RAMPELL @ WASHPOST: HOW THE FECKLESS GOP CONGRESS IS SCREWING THE MOST VULNERABLE AMONG US BY LETTING THE TRUMP ADMINISTRATION TRASH THE IMMIGRATION LAWS AND END-RUN THE CONSTITUTION WITHOUT CONGRESSIONAL PARTICIPATION! – “The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?”

 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

 

https://www.washingtonpost.com/opinions/trump-has-bulldozed-over-congress-on-immigration-will-lawmakers-ever-act/2019/11/14/67401466-0722-11ea-8292-c46ee8cb3dce_story.html

 

Catherine writes @ WashPost:

 

By

Catherine Rampell

Columnist

November 14, 2019 at 7:09 p.m. EST

Republican lawmakers seem to be having self-esteem issues.

The legislature, after all, is an equal branch of government with constitutionally granted powers. Lately, nearly all of those powers have been siphoned off by the president and his team of unelected bureaucrats. Yet, again and again, GOP lawmakers meekly submit to this constitutional castration.

To wit: Congress’s power of the purse? Gone. Regardless of how much money Congress appropriates for, say, a border wall or military aid to Ukraine, President Trump has made clear that he’ll ignore the number and pencil in his own.

Congress’s power to regulate commerce with foreign nations? Hijacked by a president who cites bogus “national security” rationales to impose tariffs whenever he likes.

Congress’s duty to “advise and consent” on major appointments? Cabinet and other senior government posts that require Senate confirmation have been atypically littered with “acting” officials instead. In fact, while immigration is ostensibly the president’s signature issue, Trump hasn’t had a single Senate-confirmed director of Immigration and Customs Enforcement since he took office. And though Democratic lawmakers may complain, nothing will change as long as Republicans control the Senate.

Which brings me to the most significant power Trump has stripped from Congress: its lawmaking authority. This is best illustrated by the administration’s actions basically rewriting immigration law wholesale, with nary a peep from GOP legislators.

Sure, on some immigration matters, Congress has relinquished its responsibilities, effectively giving Trump the ability to contort immigration policy as he sees fit.

Consider the “dreamers,” the young immigrants brought here as children who know no other country than the United States. They have long been in a legal limbo. Congress could resolve that limbo swiftly and easily by granting the dreamers permanent legal status and a pathway to citizenship. This would have the support of majorities of voters from both parties, and the Democratic-controlled House has already passed such legislation.

Meanwhile, lawmakers in the GOP-controlled Senate wrung their hands and watched helplessly from the sidelines as Trump announced his decision to kill the Obama-era program that protects the dreamers from deportation. Based on a hearing this week, the Supreme Court appears poised to uphold the president’s decision. Yet, despite claiming to care about the issue, Republicans remain unwilling to act.

Similarly, Congress long ago gave the president authority to set the annual cap on refugee admissions. Not surprisingly, if disappointingly, the Trump administration has used that authority to ratchet the ceiling down to a record low of 18,000. For context, during President Barack Obama’s last year of office, the ceiling was 110,000.

But there are other areas of immigration law on which Congress has acted, definitively and clearly, with legislative language that leaves little room for maneuvering by the executive. The Trump administration has flouted these laws anyway.

Take asylum law.

“Refugees” and “asylum seekers” both refer to immigrants fleeing violence or persecution, but, technically, “refugees” apply for sanctuary while still abroad, and asylum seekers apply while in the country of their destination. Unlike with refugeeadmissions, there are no legal caps on the number of people who may qualify for and receive asylum. The law does not allow the executive branch to set them, either.

But the Trump administration has effectively set its own limits.

Last year, for instance, the Trump administration tried to ban people from applying for asylum if they crossed between ports of entry — as most asylum seekers are now forced to do, because the administration has severely throttled (or “metered”) the number of people who may apply through a given port of entry per day.

This “asylum ban” was blocked by the courts — because Congress has explicitly said asylum seekers can apply whether or not they entered the United States “at a designated port of arrival.”

“The law is crystal, crystal clear on this,” says Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.

With virtually no pushback from Republicans in Congress, Trump administration then implemented a sort of asylum ban 2.0. This one disqualifies asylum seekers who passed through another country on their way to the United States without first applying for asylum there. A separate legal challenge — one among many — is now working its way through the courts.

A host of other changes designed to serve as a backdoor limit on asylee admissions have also been announced in recent weeks. Last week, the administration announced a new processing fee for asylum seekers, which would effectively disqualify families fleeing with nothing but the clothes on their backs. This week, it proposed a rule denying many asylum seekers authorization to work while their cases are being adjudicated, which can take years. This will force more immigrants into the shadows, contrary to Congress’s intentions.

The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?

 

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

Catherine and some other reporters “get it” as to what Trump is doing to the law, our democratic institutions, and our Constitution. How come Federal Appellate Judges, Supreme Court Justices, and GOP legislators stick their collective heads in their sand and pretend not to understand the true long-term ramifications of what they are letting Trump do? Why aren’t they protecting our Constitutional and civil rights, not to mention human rights?

It’s all part of “Dred Scottification” – the degradation and dehumanization of individuals while stripping them of their rights combined with a constant barrage of outright lies and false narratives. And, contrary to the apparent belief of many “Trump Toadies” throughout our system and the electorate, once Trump turns on them, which he eventually will, the rights they counted on for protection will be long gone. The total lack of empathy, the ability to understand and appreciate the pain and suffering of others, is perhaps the worst aspect of the Trump kakistocracy.

Thanks, Catherine, for your courageous and insightful writing!

 

PWS

11-15-19

 

 

BENEATH THE TRUMP ADMINISTRATION’S LIES: LET’S SEE WHAT’S REALLY HAPPENING IN EL SALVADOR: “We don’t hear that what’s happening at the border is a symptom of the real crisis in El Salvador and other countries in the Northern Triangle of Central America.”

Meghan E. Lopez
Meghan E. Lopez
Head of Mission
International Rescue Committee
El Salvador

Yesterday my colleague Frank Mc Manus updated you on the escalating crisis in Yemen. Today, I wanted to share what’s happening in El Salvador — and why your help is needed now.

The threat to women and girls is real. It is frightening. And it must not go unnoticed any longer.

Our teams at the IRC supports women and girls around the world, including in El Salvador. Donate now to help us provide women and girls and entire families in need with lifesaving support.

In the States, we often don’t hear much about El Salvador aside from it being the country of origin for many asylum seekers at the border. We don’t hear that what’s happening at the border is a symptom of the real crisis in El Salvador and other countries in the Northern Triangle of Central America.

El Salvador is one of the world’s most violent and deadly places, similar to those of active war zones. The high level of violence is largely due to organized crime and rampant gang activity — and it’s what drives people to flee for their lives. Here are some startling facts:

 

  • In 2018, one woman was murdered every 20 hours.
  • There were more than 9.2 homicides per day.
  • Approximately 10 people each day disappear.

 

My teams on the ground are seeing that it’s teenage girls who are particularly vulnerable to sexual violence from state, civilian and criminal entities. They are also being forced into becoming “gang girlfriends,” which is essentially sex slavery so they can protect their families.

We are helping women and girls and their families in El Salvador in many ways. We run an online platform called CuentaNos.org which has become a lifeline. It provides information for people during moments of crisis or while on the move in El Salvador, and soon in Honduras and Guatemala as well. We provide emergency cash assistance to help people find shelter and safety when they most need it and a crisis referral service to help people connect directly with the support they need, all the while working to improve those services that our partners provide.

The IRC provides support in many places facing emergencies around the world. You can help women and girls in the places where we work, including in El Salvador, by making a lifesaving gift today.

Thank you so much for giving your attention to this often forgotten crisis.

My very best,

Meghan Lopez
Head of Mission
IRC El Salvador

 

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

So why are we not only returning vulnerable women, children, and families to El Salvador, but, outrageously, also trying to send asylum applicants from other countries there, even though the Administration knows full well:

 

  • It isn’t “safe,” by any definition;
  • It’s a hellhole where gangs, narcos, and corrupt government officials aligned with them are in control of much of the country;
  • It doesn’t even have a functioning asylum system; and
  • It can’t protect and support its own population, let alone tens of thousands of refugees from other countries that the U.S. intends to “outsource” there.

These outrageous shams are some of the “proud legacy” that folks like “Big Mac With Lies” leave behind. And the new DHS honchos, Wolf and “Cooch Cooch,” have promised to be even more cruel, racist, and scofflaw.

Remember the truth and the facts the next time you hear a dishonest Trump official falsely claim that the only reason folks are fleeing for their lives is to take advantage of “loopholes” in US. law.

 

PWS

11-13-19

 

 

“LET ‘EM DIE IN MEXICO” — U.S. ASYLUM OFFICER EXPOSES TRUMP ADMINISTRATION’S INTENTIONAL RACIST VIOLATIONS OF HUMAN RIGHTS, ENABLED BY A COMPLICIT 9th CIRCUIT! — “The MPP both discriminates and penalizes. Implementation of the MPP is clearly designed to further this administration’s racist agenda of keeping Hispanic and Latino populations from entering the United States. This is evident in the arbitrary nature of the order, in that it only applies to the southern border. It is also clear from the half-hazard implementation that appears to target populations from specific Central American countries even though a much broader range of international migrants cross the southern border.”

https://www.washingtonpost.com/opinions/2019/11/12/scathing-manifesto-an-asylum-officer-blasts-trumps-cruelty-migrants/

Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

Greg Sargent writes in the WashPost: 

November 12, 2019 at 3:47 p.m. EST

President Trump’s requirement that asylum seekers remain in Mexico while they await hearings in the United States is creating a new humanitarian crisis. Yet it isn’t generating nearly the outrage and media scrutiny that his horrific family separations did.

But now a deeply dismayed asylum officer has authored a remarkable manifesto that was obtained by Sen. Jeff Merkley (D-Ore.), as part of an investigation Merkley is conducting of Trump’s asylum policies.

The manifesto indicts the “Remain in Mexico” program from the inside in sweeping and scalding terms, describing it as illegal under U.S. law, a violation of the United States’ international human rights obligations and arbitrarily implemented to deliberately punish people for seeking asylum here.

The policy is “clearly designed to further this administration’s racist agenda of keeping Hispanic and Latino populations from entering the United States,” the asylum officer writes in the manifesto.

The asylum officer recently left their job, and in the missive, the officer says he or she could not continue to implement it “after careful consideration and moral contemplation.”

The officer’s condemnations of the policy are among the key revelations in a forthcoming assessment of Trump’s asylum policies by Merkley’s office.

Those policies include everything from ongoing efforts to send asylum seekers back to Honduras, which is “one of the most violent and unstable nations in the world,” to a new proposal to charge asylum applicants a $50 fee.

Merkley’s report, portions of which I’ve seen, will conclude that the administration has undertaken “systemic efforts” to “effectively rewrite U.S. asylum laws, rules and procedures,” with the overarching goal of “gutting the asylum system” but “without congressional approval or involvement.”

Merkley’s report will also conclude that Trump’s policies have “intentionally inflicted trauma” on asylum seeking families.

The Remain in Mexico policy — which is also known as the Migrant Protection Protocols (MPP) — requires migrants seeking asylum to wait in Mexico pending hearings in the United States, with the ostensible goal of preventing them from disappearing into the interior during that waiting period. About 50,000 migrants have been relocated there.

Numerous critics have said it’s deeply cruel to knowingly force migrants to wait in places where they’ll be subjected to serious risk, and journalistic exposés and studies alike have documented that the MPPs do does just that.

The officer, who has repeatedly been in touch with Merkley’s office as part of its investigation, will remain anonymous.

But the officer’s lawyer — Dana Gold, senior counsel at the Government Accountability Project — confirmed to me the authenticity of the manifesto and confirmed that it accurately depicts the person’s circumstances.

“In addition to this whistleblower, we are representing several other Department of Homeland Security whistleblowers who have raised serious concerns about immigration-related abuses,” Gold said. “That Congress is taking these issues seriously is essential to promoting accountability and protecting ethical civil servants committed to upholding their oaths of office.”

Tensions have been rising between asylum officers and U.S. Citizenship and Immigration Services, the agency that oversees the asylum system. And the union for asylum officers has already issued a legal brief condemning MPP amid litigation over the program.

But this asylum officer’s personal indictment of the policy goes much further.

For one thing, he or she accuses the administration of implementing the policy in an “arbitrary” manner:

The MPP both discriminates and penalizes. Implementation of the MPP is clearly designed to further this administration’s racist agenda of keeping Hispanic and Latino populations from entering the United States. This is evident in the arbitrary nature of the order, in that it only applies to the southern border. It is also clear from the half-hazard implementation that appears to target populations from specific Central American countries even though a much broader range of international migrants cross the southern border.

For another, he or she alleges that internal processes are breaking down. Under MPP, if asylum seekers in U.S. territory declare in their initial interview a fear of being returned to Mexico, they’re supposed to get a second screening, conducted by a trained asylum officer who is supposed to determine whether that fear is credible.

But the asylum officer charges that U.S. Citizenship and Immigration Services — which didn’t immediately respond to an email seeking comment — is mismanaging the system in a way that’s deliberately designed to be punitive and to make it harder for applicants to succeed:

The implementation is calculated to prevent individuals from receiving any type of protection or immigration benefits in the future. As such, it is a punitive measure intended to punish individuals who attempt to request protection in the United States. There is no clearly established policy and system for notifying applicants of changes to hearing dates and times, or for the applicants to provide change of addresses to the courts and Border Patrol. Without a highly functional notice system, the administration has ensured that a high number of applicants will miss their court dates.

And the asylum officer blasts the program as “ad hoc” and rigged against applicants:

The current process places on the applicants the highest burden of proof in civil proceedings in the lowest quality hearing available. This is a legal standard not previously implemented by the Asylum Office and reserved for an Immigration Judge in a full hearing. However, we are conducting the interviews telephonically, often with poor telephone connections, while at the same time denying applicants any time to rest, gather evidence, present witnesses, and, most egregious of all, denying them access to legal representation.

In a statement sent my way, Merkley vowed more revelations to come.

“This whistleblower reveals that in multiple ways, the Trump administration has asked them and other American asylum officers to take actions they believe break their oath of office and violate the law,” Merkley told me. “In the coming days, I will be releasing a report that details the full scope of this administration’s efforts to gut our legal asylum system.”

What this will confirm again is that for Trump, the goal is to make it as hard as possible for people to apply for asylum who actually would likely qualify for it — further eroding our commitment to the principle that desperate people have the right to appeal for refuge here and get a fair hearing without fear of being returned to face catastrophe.

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

So, why are those supposedly sworn to uphold the law, given the privilege of life-tenure, participating in overtly transparent human rights, legal, and constitutional violations? 

Why do “ordinary civil servants” have more legal understanding and courage than the “robed ones in the ivory tower?”  

Why are Federal Judges permitting a corrupt, biased, and racist Administration to cut off access to courts and punish individuals for exercising their legal rights under our laws? 

Why is it OK to use the legal system as a “deterrent” to those seeking legal refuge under our laws?

Assuming that our republic survives, the question for the future is what can we do to insure appointment of Federal Judges, at all levels, with integrity who possess the courage to stand up for the most vulnerable among us in the face of unconstitutional racism and White Nationalism. 

PWS

11-13-19

HALLOWEEN HORROR STORY: Opaque & Biased Politicized Judicial Hiring Denies Migrants The Fair & Impartial Adjudication To Which They Are Constitutionally Entitled – Given The Generous Legal Standards, A Worldwide Refugee Crisis, & Asylum Officers’ Positive Findings In Most Cases, Asylum Seekers Should Be Winning The Vast Majority Of Immigration Court Cases — Instead, They Are Being “Railroaded” By A Biased System & Complicit Article III Courts!

Tanvi Misra
Tanvi Misra
Immigration Reporter
Roll Call

 

https://www.rollcall.com/news/congress/doj-changed-hiring-promote-restrictive-immigration-judges?fbclid=IwAR2VfI3AKcttNoXlc_MX0sa-6X94bsOWF4btxb7tWDBz7Es4bvqB63oZA-0

 

Tanvi Misra reports for Roll Call:

 

DOJ changed hiring to promote restrictive immigration judges

New practice permanently placed judges on powerful appellate board, documents show

Posted Oct 29, 2019 2:51 PM

Tanvi Misra

@Tanvim

More non-Spanish speaking migrants are crossing the borderDHS advances plan to get DNA samples from immigrant detaineesWhite House plans to cut refugee admittance to all-time low

 

Error! Filename not specified.

James McHenry, director of the Justice Department’s Executive Office for Immigration Review, testifies before a Senate panel in 2018. Memos from McHenry detail changes in hiring practices for six restrictive judges placed permanently on the Board of Immigration Appeals. (Chip Somodevilla/Getty Images)

The Department of Justice has quietly changed hiring procedures to permanently place immigration judges repeatedly accused of bias to a powerful appellate board, adding to growing worries about the politicization of the immigration court system.

Documents obtained through Freedom of Information Act requests describe how an already opaque hiring procedure was tweaked for the six newest hires to the 21-member Board of Immigration Appeals. All six board members, added in August, were immigration judges with some of the highest asylum denial rates. Some also had the highest number of decisions in 2017 that the same appellate body sent back to them for reconsideration. All six members were immediately appointed to the board without a yearslong probationary period.

[More non-Spanish speaking migrants are crossing the border]

“They’re high-level deniers who’ve done some pretty outrageous things [in the courtroom] that would make you believe they’re anti-immigrant,” said Jeffrey Chase, a former immigration judge and past senior legal adviser at the board. “It’s a terrifying prospect … They have power over thousands of lives.”

Among the hiring documents are four recommendation memos to the Attorney General’s office from James McHenry, director of the Executive Office for Immigration Review, which oversees the nation’s immigration court system.

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The memos, dated July 18, recommend immigration judges William A. Cassidy, V. Stuart Couch, Earle B. Wilson, and Keith E. Hunsucker to positions on the appellate board. McHenry’s memos note new hiring procedures had been established on March 8, to vet “multiple candidates” expressing interest in the open board positions.

A footnote in the memos states that applicants who are immigration judges would be hired through a special procedure: Instead of going through the typical two-year probationary period, they would be appointed to the board on a permanent basis, immediately. This was because a position on the appellate board “requires the same or similar skills” as that of an immigration judge, according to the memo.

Appellate board members, traditionally hired from a variety of professional backgrounds, are tasked with reviewing judicial decisions appealed by the government or plaintiff. Their decisions, made as part of a three-member panel, can set binding precedents that adjudicators and immigration judges rely on for future cases related to asylum, stays of deportation, protections for unaccompanied minors and other areas.

McHenry, appointed in 2018 by then-Attorney General Jeff Sessions, concludes his recommendation memos by noting that the judge’s “current federal service was vetted and no negative information that would preclude his appointment” was reported. He does not mention any past or pending grievances, although public complaints have been filed against at least three of the judges.

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These documents, obtained through FOIA via Muckrock, a nonprofit, collaborative that pushes for government transparency, and shared with CQ Roll Call, reflect “the secrecy with which these rules are changing,” said Matthew Hoppock, a Kansas City-based immigration attorney. “It’s very hard to remove or discipline a judge that’s permanent than when it’s probationary, so this has long term implications.”

‘If I had known, I wouldn’t have left’: Migrant laments ‘Remain in Mexico’ policy

Volume 90%

 

The Department of Justice declined to answer a series of questions asked by CQ Roll Call regarding the new hiring practices, why exemptions were made in the case of these immigration judges and whether complaints against any of the judges were considered.

“Board members, like immigration judges, are selected through an open, competitive, and merit-based process involving an initial review by the Office of Personnel Management and subsequent, multiple levels of review by the Department of Justice,” a DOJ official wrote via email. “This process includes review by several career officials. The elevation of trial judges to appellate bodies is common in almost every judicial system, and EOIR is no different.”

Homestead: On the front lines of the migrant children debate

Volume 90%

 

Opaque hiring process

When the department posted the six board vacancies in March, the openings reflected the first time that board members would be allowed to serve from immigration courts throughout the country. Previously, the entire appellate board worked out of its suburban Virginia headquarters.

In addition, the job posts suggested that new hires would be acting in a dual capacity: They may be asked to adjudicate cases at the trial court level and then also review the court decisions appealed to the board. Previously, board members stuck to reviewing appeals cases, a process that could take more than a year.

Ultimately, all six hires were immigration judges, although past board candidates have come from government service, private sector, academia and nonprofits.

“This was stunning,” MaryBeth Keller, chief immigration judge until she stepped down this summer, said in a recent interview with The Asylumist, a blog about asylum issues. “I can’t imagine that the pool of applicants was such that only [immigration judges] would be hired, including two from the same city.”

Keller said immigration judges are “generally eminently qualified to be board members, but to bring in all six from the immigration court? I’d like to think that the pool of applicants was more diverse than that.”

Paul Wickham Schmidt, a retired immigration judge who headed the board under President Bill Clinton, said the panel always had arbitrary hiring procedures that changed with each administration and suffered from “quality control” issues. But the Trump administration has “pushed the envelope the furthest,” he said.

“This administration has weaponized the process,” he told CQ Roll Call. “They have taken a system that has some notable weaknesses in it and exploited those weaknesses for their own ends.”

The reputation and track record of the newest immigration judges has also raised eyebrows.

According to an analysis of EOIR data by the Transactional Records Access Clearinghouse at Syracuse University, each of these newest six judges had an asylum denial rate over 80 percent, with Couch, Cassidy, and Wilson at 92, 96, and 98 percent, respectively. Nationally, the denial rate for asylum cases is around 57 percent. Previous to their work as immigration judges, all six had worked on behalf of government entities, including the Department of Homeland Security, Department of Justice and the military.

“It mirrors a lot of the concerns at the trial level,” said Laura Lynch, senior policy counsel at the American Immigration Lawyers Association (AILA). She said several new hires at the trial level have been Immigration and Customs Enforcement attorneys.

“Every day across the country, people’s lives hang in the balance waiting for immigration judges to decide their fate,” she said. “Asylum grant rates for immigration court cases vary widely depending on the judge, suggesting that outcomes may turn on which judge is deciding the case rather than established principles and rules of law.”

Immigration experts note that denial rates depend on a variety of factors, including the number and types of cases that appear on a judge’s docket. Perhaps a better measure of an immigration judge’s decision-making may be the rate that rulings get returned by the appeals board.

For 2017, the last full year for which data is available, Couch and Wilson had the third and fourth highest number of board-remanded cases — at 50 and 47 respectively, according to federal documents obtained by Bryan Johnson, a New York-based immigration lawyer. The total number of cases on their dockets that year were 176 and 416, respectively.

Some of the behavior by the newer judges also have earned them a reputation. In 2018, AILA obtained 11 complaints against Cassidy that alleged prejudice against immigrant respondents. In a public letter the Southern Poverty Law Center sent last year to McHenry, the group complained that Cassidy bullied migrants in his court. He also asked questions that “exceeded his judicial authority,” Center lawyers wrote.

Another letter, sent in 2017 by SPLC lawyers and an Emory University law professor whose students observed Cassidy’s court proceedings, noted the judge “analogized an immigrant to ‘a person coming to your home in a Halloween mask, waving a knife dripping with blood’ and asked the attorney if he would let that person in.”

SPLC also has documented issues with Wilson, noting how he “routinely leaned back in his chair, placed his head in his hands and closed his eyes” during one hearing. “He held this position for more than 20 minutes as a woman seeking asylum described the murders of her parents and siblings.”

Couch’s behavior and his cases have made news. According to Mother Jones, he once lost his temper with a 2-year-old Guatemalan child, threatening to unleash a dog on the boy if he didn’t stop making noise. But he is perhaps better known as the judge who denied asylum to “Ms. A.B.,” a Salvadoran domestic violence survivor, even after the appellate board asked him to reconsider. Sessions, the attorney general at the time, ultimately intervened and made the final precedent-setting ruling in the case.

Couch has a pattern of denying asylum to women who have fled domestic violence, “despite clear instructions to the contrary” from the appellate board, according to Johnson, the immigration lawyer who said Couch “has been prejudging all claims that have a history of domestic violence, and quite literally copying and pasting language he used to deny other domestic violence victims asylum.”

Jeremy McKinney, a Charlotte-based immigration lawyer and second vice president at AILA, went to law school with Couch and called him “complex.” While he was reluctant to characterize the judge as “anti-immigrant,” he acknowledged “concerning” stories about the Couch’s court demeanor.

“In our conversations, he’s held the view that asylum is not the right vehicle for some individuals to immigrate to the U.S. — it’s one I disagree with,” McKinney said. “But I feel quite certain that that’s exactly why he was hired.”

Politicizing court system

Increasingly, political appointees are “micromanaging” the dockets of immigration judges, said Ashley Tabaddor, head of the union National Association of Immigration Judges. Appointees also are making moves that jeopardize their judicial independence, she said. Among them: requiring judges to meet a quota of 700 completed cases per year; referring cases even if they are still in the midst of adjudication to political leadership, including the Attorney General, for the final decision; and seeking to decertify the immigration judges’ union.

These are “symptoms of a bigger problem,” said Tabaddor. “If you have a court that’s situated in the law enforcement agency … that is the fundamental flaw that needs to be corrected.”

In March, the American Bar Association echoed calls by congressional Democrats to investigate DOJ hiring practices in a report that warned the department’s “current approach will elevate speed over substance, exacerbate the lack of diversity on the bench, and eliminate safeguards that could lead to a resurgence of politicized hiring.”

“Moreover, until the allegations of politically motivated hiring can be resolved, doubt will remain about the perceived and perhaps actual fairness of immigration proceedings,” the organization wrote. “The most direct route to resolving these reasonable and important concerns would be for DOJ to publicize its hiring criteria, and for the inspector general to conduct an investigation into recent hiring practices.”

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

One of the most disgusting developments, that the media sometimes misses, is that having skewed and biased the system specifically against Central American asylum seekers, particularly women and children, the Administration uses their “cooked” and “bogus” statistics to make a totally disingenuous case that the high denial rates show the system is being abused by asylum seekers and their lawyers. That, along with the “fiction of the asylum no show” been one of “Big Mac’s” most egregious and oft repeated lies! There certainly is systemic abuse taking place here — but it is by the Trump Administration, not asylum seekers and their courageous lawyers.

 

This system is a national disgrace operating under the auspices of a feckless Congress and complicit Article III courts whose life-tenured judges are failing in their collective duty to put an end to this blatantly unconstitutional system: one that  also violates statutory provisions intended to give migrants access to counsel, an opportunity to fully present and document their cases to an unbiased decision maker, and a fair opportunity to seek asylum regardless of status or manner of entry. Basically, judges at all levels who are complicit in this mockery of justice are “robed killers.”

 

Just a few years ago, asylum seekers were winning the majority of individual rulings on asylum in Immigration Court. Others were getting lesser forms of protection, so that more than 60 percent of asylum applicants who got final decisions in Immigration Court were receiving much-needed, life-saving protection. That’s exactly what one would expect given the Supreme Court’s pronouncements in 1987 about the generous standards applicable to asylum seekers in INS v. Cardoza-Fonseca.

 

Today, conditions have not improved materially in most “refugee sending countries.” Indeed, this Administration’s bogus designation of the Northern Triangle “failed states” as “Safe Third Countries” is absurd and shows their outright contempt for the system and their steadfast belief that the Federal Judiciary will “tank” on their responsibility to hold this Executive accountable.

 

As a result of this reprehensible conduct, the favorable trend in asylum adjudication has been sharply reversed. Now, approximately two-thirds of asylum cases are being denied, many based on specious “adverse credibility” findings, illegal “nexus” findings that intentionally violate the doctrine of “mixed motives”enshrined in the statute, absurdly unethical and illegal rewriting of asylum precedents by Sessions and Barr, intentional denial of the statutory right to counsel, and overt coercion through misuse of DHS detention authority to improperly “punish” and “deter” legal asylum seekers.

 

Right under the noses of complicit Article III Judges and Congress, the Trump Administration has “weaponized” the Immigration “Courts” and made them an intentionally hostile environment for asylum seekers and their, often pro bono or low bono, lawyers. How is this acceptable in 21st Century America?

 

That’s why it’s important for members of the “New Due Process Army” to remember my “5 Cs Formula” – Constantly Confront Complicit Courts 4 Change. Make these folks with “no skin the game” feel the pain and be morally accountable for those human lives they are destroying by inaction in the face of Executive illegality and tyranny from their “ivory tower perches.”  

We’re in a war for the survival of our democracy and the future of humanity.  There is only one “right side” in this battle. History will remember who stood tall and who went small when individual rights, particularly the rights to Due Process and fair treatment for the most vulnerable among us, were under attack by the lawless forces of White Nationalism and their enablers!

 

PWS

 

10-31-19

INSIDE TRUMP’S “NEW AMERICAN GULAG” THERE IS NEITHER DUE PROCESS NOR JUSTICE! – So, What Happened To The Legislative & Judicial Branches Who Are Supposed To Protect Against Such Outrageous Executive Overreach? — “Whatever we call them, America’s immigration prisons are antithetical to the free society we claim to be. We must do all we can to dismantle this system.”

Naureen Shah
Naureen Shah
Senior Advocacy & Policy Counsel
ACLU

 

 

https://apple.news/AsyQuZEMeR0mXWpvWd19-Mg

By Naureen Shah:

opinion

At detention facilities, legal rights ‘in name only’

Whether we call them ‘concentration camps’ or detention centers, the lack of justice for those seeking refuge must end.

7:42 pm EDT Oct. 25, 2019

As President Donald Trump prepares to pick a new secretary for the Department of Homeland Security, Rep. Alexandria Ocasio-Cortez, D-N.Y., is preparing to appear in a Brooklyn court. She is being sued for blocking a man on Twitter who criticized her for calling immigration detention sites “concentration camps.” Her opponents seized on the comment. One of their talking points: America’s hardworking immigration officers should not be equated with Nazis.

To some extent, I can understand their perspective.

I recently visited four Immigration and Customs Enforcement (ICE) detention sites across the country. I met many of their workers. They carried clear plastic backpacks and lunchboxes as they filed through security in the morning, looking weary and bored. As I left each site, some asked me whether I had had a “nice visit” and wished me safe travels.

These workers don’t bring to mind cinematic villains. Yet they are part of a system that, no matter its appearances, is inflicting the horror of trapping people inside.

I saw it in the eyes of the people I interviewed in detention. A 28-year-old Cuban woman told me about spending five days sleeping on the ground in an outdoor cage run by Border Patrol, the “perrera” — a place for dogs. That was followed by 17 days in the “hielera,” a frigid room. She had been denied a shower the entire time.

She recounted this months later, when I met her at an ICE detention site in Adams County, Mississippi. She had not seen or talked to her husband for months, since U.S. authorities separated and detained them. She said that last summer, an asylum officer interviewed her and determined that her fear of persecution if she returned to Cuba was credible — the first step in an asylum case. But she said she had never seen a judge, had no court date, no lawyer, no ICE officer assigned to her. She was alone and trapped: She had no idea of what would happen to her next, how to move her asylum case forward and whether she would ever be released.

COLUMN: In the hands of police, facial recognition software risks violating civil liberties

Adams County is part of the immigration detention boom. Detention levels have skyrocketed to a record high of about 50,000 people a day, at an annual cost of more than $2 billion. Counties are grabbing at detention contracts that provide jobs, although many will be filled by out-of-town residents. New detention sites are opening in the Deep South — hours from urban areas with networks of pro bono or low-cost attorneys. Even in big cities, the number of people detained far outpaces the number of attorneys available to help them. The result is that these immigration jails are effectively legal black holes, where legal rights often exist in name only.

“You come to this place and you can never win,” another woman told me. She had spent three months in an ICE detention center near Miami, separated from her then 5-month-old baby. Her husband, a U.S. citizen, was driving her to Walmart when local police questioned them during a random traffic stop. She was not accused of a crime, and she was in the process of petitioning for residency based on her marriage to a citizen. But police took her to a local jail and held her for ICE.

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“I haven’t seen my baby in three months,” she said, and asked me what would happen to her.

Without a lawyer, she is likely to remain in detention for months or years — and ultimately be deported away from her husband and child. Just 3% of detained individuals without a lawyer succeeded in their cases, compared with 74% of nondetained and represented individuals who won in theirs, according to a study that focused on New York immigration cases. For asylum-seekers, the stakes are often life or death.

Yet immigrants have been denied the right to a government-appointed lawyer in their deportation proceedings. I met many who didn’t have enough money to make a phone call from prison, let alone pay a lawyer. Even those who could afford it struggled to find one, since they are stuck on the inside without access to Google, email or a cellphone.

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Our immigration system is set up for them to fail, with Kafka-esque limits on their ability to apply for legal relief and appeal to federal courts. Navigating this complex and unforgiving set of legal rules is hard for lawyers, let alone for detained individuals. Some are offered release on bond, but in unaffordable amounts like $25,000.

Many people I met had never seen a judge, several months into their detention. They had no idea how or when they might ever be free. They were confused, scared and, in some cases, suicidal. A woman from Cameroon who fled its ongoing civil war after her father was murdered told me she prayed that God would provide her a way out.

We have an obligation to respond.

Local governments should end ICE detention contracts, if they exist, and prohibit new ones. Cities and states should robustly fund free legal service providers and bond funds. Major law firms should send their lawyers to the Deep South to work with local pro bono providers to address the drastic shortfalls in legal services. Community groups should lobby Congress to cut funding for detention and pass comprehensive reform legislation like the Dignity For Detained Immigrants Act.

Trump’s new Homeland Security secretary is likely to ramp up immigration detention to even higher levels, using the specter of prison to deter people from coming here and the reality of it to punish those who do. We cannot afford to be divided by semantics.

Whatever we call them, America’s immigration prisons are antithetical to the free society we claim to be. We must do all we can to dismantle this system.

Naureen Shah is the senior advocacy and policy counsel at the American Civil Liberties Union, working on immigrant rights.

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7:42 pm EDT Oct. 25, 2019

 

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DHS’s “New American Gulag” – the “brainchild” of Stephen Miller, Jeff Sessions, and Steve Bannon – is an affront to our Constitution, the rule of law, and human decency. Remember that the next time Trump’s “Gulag Enablers” like Kelly, Nielsen, Sessions, and Barr try to “reinvent themselves” as something other than the sleazy human rights violators they are and will always remain.

 

PWS

 

10-29-19

 

 

IN SUDDEN REVERSAL, TRUMP ADMINISTRATION WILL NOW EXTEND TPS FOR SALVADORANS — Likely A “Payoff” For Corrupt “Safe Third Country” Agreement With El Salvador!

https://www.latimes.com/politics/story/2019-10-28/trump-administration-extends-tps-for-salvadorans-allowing-thousands-to-stay-in-u-s

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times
Tracy Wilkinson
Tracy Wilkinson
Washington Reporter
LA Times

Molly O’Toole & Tracy Wilkinson report for the LA Times:

The Trump administration on Monday extended Temporary Protected Status for thousands of Salvadorans in the United States, granting them reprieve from removal to El Salvador.

Administration officials had insisted for weeks that the continuance of TPS was not on the table in exchange for the resumption of aid to the small Central American country, or the signing of a recent agreement on asylum seekers. An estimated 200,000 Salvadorans in the U.S. have TPS, making them the largest single group under the program. Many live in Los Angeles.

El Salvador’s President Nayib Bukele, a millionaire millennial who has had warm words for President Trump and his officials, touted the move in a Twitter announcement on Monday morning as a victory for his newly elected administration.

“They said it was impossible,” Bukele said. “That the Salvadoran government couldn’t do anything. … But we knew that our allies would not abandon us.”

A U.S. District Court in Northern California last October blocked the Department of Homeland Security from terminating TPS for El Salvador and a handful of other countries. Administration officials have sought to dismantle the program as part of their wider efforts to reduce immigration. TPS offers recipients protection from removal and the right to work legally in the U.S.

The announcement also puts the U.S. in the difficult position of extending a program intended for people fleeing natural disasters or civil unrest, while at the same time effectively designating El Salvador a safe country for asylum seekers. The State Department did not immediately respond to requests for comment.

Officials have offered little detail of the U.S. asylum agreement with El Salvador, which has yet to take effect. The deal was among several extensively negotiated with so-called Northern Triangle countries by outgoing acting Homeland Security Secretary Kevin McAleenan, who is due to step down this week.

Central America’s Northern Triangle is an impoverished and violence-ridden region that accounts for the majority of migrants now fleeing to the United States.

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In addition to helping the 200,000 mostly productive long-term Salvadoran TPS residents of the U.S. who lack formal immigration status, the extension benefits both countries. The TPS Salvadorans and their families have been living in fear and uncertainty ever since the Trump Administration announced an intent to terminate Salvadoran TPS (which, naturally, irrationally contravened the advice of its own professional staff and almost all outside experts and appeared to be against the wishes fo the Salvadoran Government).

El Salvador avoids the potential problem of having to resettle several hundred thousand individuals whose homes, family ties, and futures are in the U.S. They also will be able to continue to benefit from the “remissions” that many of these individuals send to family in El Salvador, a significant factor in the Salvadoran economy.

At the same time, the “deal” costs Trump nothing, except for probably some “pushback” from his most ardent White Nationalist supporters.

First, the Administration already was enjoined from terminating the Salvadoran TPS program. Second, with a 1.3 million case largely self-created backlog in the Immigration Courts, the Administration wouldn’t have been able to remove most of the 200,000 individuals at any time in the near future. Third, TPS renewals will likely generate a profit for USCIS for the fees charged for extending work authorizations.

Fourth, and rather ironically, the Salvadorans, along with most of the other 10-11 million so-called undocumented residents of the U.S., are among the “drivers” of U.S. economic prosperity, which is about the only thing propping Trump up these days. Despite the Trump Administration’s string of shamelessly false narratives about the “damage” caused by undocumented workers, their mass removal would undoubtedly “tank” the U.S. economy, at least in the short run.  

Of course the “losers” in this are the refugees who continue to pour out of El Salvador and the other essentially “failed states” of the Northern Triangle. They face not only truncation of their legal right to apply for asylum in the United States, but also potential death or mayhem upon forced return or deportation to El Salvador as the result of the bogus “Safe Third Agreement” and equally bogus new requirements that asylum seekers apply in the first country they reach. (El Salvador doesn’t even have a functioning asylum system and is anything but “safe.”)

Perhaps we’ll eventually find out that El Salvador also had to agree to investigate the Biden family as a price for the extension.

PWS

10-29-19

RACE TO THE BOTTOM: Trump’s Cowardly, Racist War On The Most Vulnerable Humans Could Collapse International Refugee Protection System, Putting Millions Of Lives In Jeopardy!

https://slate.com/news-and-politics/2019/10/refugees-trump-third-country-refoulement.html

Stephanie Schwartz
Stephanie Schwartz
Assistant Professor of Political
Science & International Relations
USC

Stephanie Schwartz @ Slate:

Last month, the Trump administration announced the latest in a trio of bilateral agreements  effectively barring refugees coming through Central America from seeking asylum in the United Sates. These agreements with Guatemala, El Salvador, and now Honduras, known as “safe third country” agreements, allow the U.S. to send back asylum-seekers who pass these countries on their way to the U.S. but do not apply for asylum there first. At first glance, this may seem like just one more way that the Trump administration is trying to keep refugees out—a diplomatic version of the president’s tactical snake fantasy. Nor do the agreements seem that different from how the EU tries to prevent refugees from seeking asylum. Indeed, a year ago I wrote about how Donald Trump sending troops to the Southern broader was consistent with a broader global trend of hollowing out asylum norms.

But this is different. These new agreements flout global asylum norms in a way others have not dared: They send refugees directly back into the danger they were fleeing in the first place.

A safe third country agreement is meant to be just that: safe. It provides a way for states to send refugees to an alternative (third) destination without sending them home, a practice that is prohibited under international law. While they have yet to be implemented, in the past three months, the United States has strong-armed Central America’s Northern Triangle countries into signing third-country agreements. Under the terms of these agreements asylum-seekers who pass through Guatemala, El Salvador, or Honduras on their way to the U.S. (which anyone traveling by land has to do) could be sent back from the U.S. border to one of those countries, so long as they are not a citizen of that country. So, while Honduran asylum-seekers would not be sent back to Honduras, they could be sent to Guatemala or El Salvador. Mexico has refused to sign a similar agreement, however the Trump administration has already begun implementing a new set of rules with regard to Mexico called the Migrant Protection Protocols. One of the stipulations of the MPP requires asylum-seekers who make it to the U.S. Southern border to stay in Mexico while they wait for the U.S. to process their claims.

On the surface, these policies look rather similar to the EU’s approach to asylum. Like the agreements with Guatemala, El Salvador, and Honduras, the EU’s Dublin Regulation requires that all asylum-seekers entering the EU apply for asylum in the first country they reach in the union. The 2016 EU-Turkey deal also has a “safe third country” component, such that certain migrants passing through Turkey on their way to Greece can be sent back (though migrants are still allowed to apply for asylum when they reach the EU). Similar to the MPP, the EU has also said it is going to explore the use of “regional disembarkation platforms” such that refugees would have to wait in another country while their claims for asylum in Europe are evaluated.

The Trump approach, however, is much worse. First, the Dublin Regulation dictates which countries in the EU will provide asylum to those with valid claims; the new arrangements between the U.S. and the Northern Triangle countries dictate that U.S. will not provide asylum to certain individuals with valid claims. Put another way, in many ways the EU’s Schengen zone operates as a single governing body—there are common laws, a single currency, and freedom of mobility across states. Once you cross the border into one Schengen zone country, you are free to travel to the others without showing a passport. The Dublin Regulation, then, lets asylum-seekers into the European Union, but it cuts people off from arriving in one member state, for example Greece, and continuing on to apply for asylum in another, say Germany.

But there is no North American Union. The U.S. cedes its sovereignty to no one. And the administration is not saying refugees can enter the U.S., but they must stay in Arizona rather than go to New York. Instead, the agreements with Guatemala, El Salvador, and Honduras allow the U.S. to say that it will not provide asylum to certain people. If you can’t afford a plane ticket and show up at the Southern border, the United States does not have to hear your case. This is in direct contravention to the 1951 convention on refugees that requires states to provide asylum to those who qualify without discrimination. Refugee rights activists claim that the third safe country agreement between the U.S. and Canada is in breach of international asylum law for the same reason. The difference, though, is that asylum-seekers enjoy equally safe haven in the U.S. as the do in Canada (though some in Canada are questioning how safe the U.S. really is).

This brings us to the second, and most important issue, with the Trump administration’s policies.

Both the MPP and the agreements with Honduras, El Salvador, and Guatemala send asylum-seekers to places where their lives remain in danger. In some cases, it is precisely the same danger they were trying to flee. The violence from which people in Honduras, El Salvador, and Guatemala are fleeing stems from transnational criminal organizations, like MS-13 and MS-18. Per the United States’ own 2018 human rights report on Honduras, these transnational gangs “committed killings, extortion, kidnappings, human trafficking, and intimidation of police, prosecutors, journalists, women, and human rights defenders.” These organizations are not limited by borders. They operate throughout the Northern Triangle region. Gangs targeting someone in Honduras could easily get to that person if they were sent to Guatemala. Therefore, sending someone fleeing violence in Honduras to apply for asylum in Guatemala or El Salvador keeps them in harm’s way—the same harm.

While the MPP, which forces migrants to remain in Mexico, might not keep asylum-seekers from the Northern Triangle directly in the grasp of gangs like MS-13 and MS-18 that operate in the Northern Triangle, it does place them into a highly dangerous context. As has been extensively reported, gangs local to Mexico are targeting asylum-seekers with kidnapping, extortion, and violence. The U.S. knows how unsafe these places are, having issued its highest level of security warnings against travel to some of the cities in 

Mexico where migrants are being kept.

Sending refugees back into the line of fire attacks the foundation of the international asylum regime: the norm of non-refoulement. Non-refoulement is the prohibition against states sending individuals to any territory in which there is threat of persecution or torture—country of origin or otherwise. Per the 1951 Refugee Convention, non-refoulement prohibits states from expelling or returning a refugee “in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” The 1984 Convention Against Torture also prohibits refoulement, in some ways expanding its strength and application, stating that states cannot “expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” Such grounds include a “consistent pattern of gross, flagrant or mass violations of human rights.”

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Without non-refoulement, asylum is moot.

There are any number of things wrong with the Dublin Regulation and the EU-Turkey agreement, but the one line neither of these arrangements cross directly is defying non-refoulement. Requiring refugees to apply for asylum in Greece rather than proceeding on to Germany impinges on the spirit of refugee law and endangers refugees, but it doesn’t refoule them. With the EU-Turkey agreement, many observers have challenged the designation of Turkey as a safe third country given that the Turkish government has been accused of imprisoning migrants and sending refugees back to Syria. Turkey has outright stated that one of the goals of its military incursion into Syria is to send refugees back to recaptured territory. The veil of non-refoulement in this case is whisper thin. But at least in sending refugees to Turkey, the EU is not forcing Syrian refugees directly back into the line of fire from which they originally fled. Neither Syrian President Bashar al-Assad’s forces nor the myriad rebel groups active in Syria are equally active in Turkey.

The Trump administration’s new policies, on the other hand, outright deny that non-refoulement is a rule the U.S. needs to follow—at least for a particular class of people. There is no pretending that Mexico is safe when migrants are being attacked left and right. By flouting non-refoulement, the U.S. threatens the principle on which the entire asylum system rests.

And the world is watching. If the United States can send asylum-seekers back into danger, why can’t other countries do the same? While the Trump administration’s policies are likely illegal, and are currently being challenged in court, there is reason to fear the administration will be allowed to proceed unchecked. A recent order from the U.S. Supreme Court allows the administration to continue implementing these policies until a final decision on their legality is reached. In the meantime, many asylum-seekers are living in danger.

Finding a way to deal with displacement crises requires political leadership. For once, the U.S. is taking on this leadership role, setting a road map for how countries can respond to asylum claims. It just so happens that the proposal is to pull the one thread that could unravel the asylum system as we know it.

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Someday, Trump and his toadies will be classified as the notorious human rights violators that they are. And, his racist, fascist reign will be remembered as one of the low-points in U.S. history.

But, we shouldn’t forget that “MPP” a/k/a “Remain in Mexico,” a/k/a “Let ‘Em Die In Mexico” is only in force because of a complicit Ninth Circuit. See Innovation Law Lab v. McAleenan (incoherent order vacating proper injunction against statutory and Constitutional abuses of “Remain in Mexico” policy). The judges responsible for this travesty and for continuing to “sit on” this clear case of illegal and unconstitutional policies should also be considered human rights violators.

PWS

10-22-19