TRUMP’S “OFFER” MIGHT WELL BE A STUNT – BUT, IT’S ALSO AN OPPORTUNITY FOR THE DEMS TO STEP UP, SAVE LIVES, AND GOVERN RESPONSIBLY – They Should Make A Counterproposal – Here’s The “SMARTS Act Of 2019!”

There are opposing “schools of thought” on Trump’s latest immigration statement. For example, the LA Times says it another “Trump stunt to shift blame” that the Dems should resist.  https://www.latimes.com/opinion/editorials/la-ed-trump-shutdown-daca-20190119-story.html

Makes sense.

 

On the other hand, the Washington Post says that notwithstanding Trump’s annoying tactics, it’s an opportunity to reopen the Government and save the Dreamers that the Dems should pursue. https://www.washingtonpost.com/opinions/make-a-deal-to-help-the-real-people-behind-the-rhetoric/2019/01/19/f5b18866-1c17-11e9-88fe-f9f77a3bcb6c_story.html?utm_term=.5b08d589dfa9

Also makes sense.

 

I understand the Dems reluctance to enable Trump’s “hostage taking” strategy. But, I doubt they can solve that with Trump and the GOP controlling two of the three political arms of Government.

 

Indeed, a better idea would be for Speaker Pelosi and Majority Leader McConnell to get together “when the smoke clears” and see what they can do jointly to take back and fix the bipartisan Congressional budget process and protect it from overreach by Executives of both parties.  For two of the major legislative “gurus” of our age in the twilight of their careers, that would be a great “bipartisan legacy.”

 

But, for the time being, folks are suffering, and lives are in danger: Government employees, those that depend on Government, asylum applicants, Dreamers, TPSers, those in Immigration Court, and the families of all of the foregoing. So, I think the Dems should make a “robust” counterproposal that gives Trump at least part of his “Wall,” but also includes other important reforms and improvements that will diminish the impact of border migration issues in the future. Most important, almost everything in this proposal would save or improve some human lives and benefit America in the short and long run.

 

So, here’s my outline of the “SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019”

 

SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019

 

  • Federal Employees
    • Restart the Government
    • Retroactive pay raise

 

  • Enhanced Border Security
    • Fund half of “Trump’s Wall”
    • Triple the number of USCIS Asylum Officers
    • Double the number of U.S. Immigration Judges and Court Staff
    • Additional Port of Entry (“POE”) Inspectors
    • Improvements in POE infrastructure, technology, and technology between POEs
    • Additional Intelligence, Anti-Smuggling, and Undercover Agents for DHS
    • Anything else in the Senate Bill that both parties agree upon

 

  • Humanitarian Assistance
    • Road to citizenship for a Dreamers & TPSers
    • Prohibit family separation
    • Funding for alternatives to detention
    • Grants to NGOs for assisting arriving asylum applicants with temporary housing and resettlement issues
    • Require re-establishment of U.S. Refugee Program in the Northern Triangle

 

  • Asylum Process
    • Require Asylum Offices to consider in the first instance all asylum applications including those generated by the “credible fear” process as well as all so-called “defensive applications”

 

  • Immigration Court Improvements
    • Grants and requirements that DHS & EOIR work with NGOs and the private bar with a goal of achieving 100% representation of asylum applicants
    • Money to expand and encourage the training and certification of more non-attorneys as “accredited representatives” to represent asylum seekers pro bono before the Asylum Offices and the Immigration Courts on behalf of approved NGOs
    • Vacate Matter of A-B-and reinstate Matter of A-R-C-G-as the rule for domestic violence asylum applications
    • Vacate Matter of Castro-Tumand reinstate Matter of Avetisyan to allow Immigration Judges to control dockets by administratively closing certain “low priority” cases
    • Eliminate Attorney General’s authority to interfere in Immigration Court proceedings through “certification”
    • Re-establish weighing of interests of both parties consistent with Due Process as the standard for Immigration Court continuances
    • Bar AG & EOIR Director from promulgating substantive or procedural rules for Immigration Courts — grant authority to BIA to promulgate procedural rules for Immigration Courts
    • Authorize Immigration Courts to consider all Constitutional issues in proceedings
    • Authorize DHS to appeal rulings of the BIA to Circuit Courts of Appeal
    • Require EOIR to implement the statutory contempt authority of Immigration Judges, applicable equally to all parties before the courts, within 180 days
    • Bar “performance quotas” and “performance work plans” for Immigration Judges and BIA Members
    • Authorize the Immigration Court to set bonds in all cases coming within their jurisdiction
    • Fund and require EOIR to implement a nationwide electronic filing system within one year
    • Eliminate the annual 4,000 numerical cap on grants of “cancellation of removal” based on “exceptional and extremely unusual hardship”
    • Require the Asylum Office to adjudicate cancellation of removal applications with renewal in Immigration Court for those denied
    • Require EOIR to establish a credible, transparent judicial discipline and continued tenure system within one year that must include: opportunity for participation by the complainant (whether Government or private) and the Immigration Judge; representation permitted for both parties; peer input; public input; DHS input; referral to an impartial decision maker for final decision; a transparent and consistent system of sanctions incorporating principles of rehabilitation and progressive discipline; appeal rights to the MSPB

 

  • International Cooperation
    • Fund and require efforts to work with the UNHCR, Mexico, and other countries in the Hemisphere to improve asylum systems and encourage asylum seekers to exercise options besides the U.S.
    • Fund efforts to improve conditions and the rule of law in the Northern Triangle

 

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

No, it wouldn’t solve all problems overnight. But, everything beyond “Trump’s Wall” would make a substantial improvement over our current situation that would benefit enforcement, border security, human rights, Due Process, humanitarian assistance, and America. Not a bad “deal” in my view!

 

PWS

01-20-19

 

 

 

COLBERT I. KING @ WASHPOST: NATION IN REGRESSION: Trump & His White Nationalist Flunkies Are An Insult To All That Rev. Martin Luther King & His Supporters, Of All Races & Religions Stood For! — From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.” — But, The New Due Process Army Continues MLK’s Legacy!

https://www.washingtonpost.com/opinions/martin-luther-king-jr-would-be-outraged/2019/01/18/e4a7b4c6-1a75-11e9-8813-cb9dec761e73_story.html

Colby King writes:

. . . .

The greatest contrast between the time King led the struggle for America’s legal and social transformation and now is a White House occupied by Donald Trump.

There is a long list of ways in which backtracking on civil and human rights has occurred since the election of a president who lost the popular vote by nearly 3 million votes. It ranges from discriminatory travel bans against Muslims to turning a federal blind eye to intentionally racially discriminatory state voter-suppression schemes, to opposing protections for transgender people, to inhumanely separating children from families seeking to enter the country.

Sadly, that’s not all that stands out.

Once the federal locus of the nation’s quest for racial reconciliation, today’s White House is a source of racial divisiveness and a beacon to the prejudice-warped fringes of American society. It’s no surprise that the FBI found hate crimes in America rose 17 percent in 2017, the third consecutive year that such crimes increased. In King’s day, racially loaded, hateful rhetoric could be heard across the length and breadth of the Deep South. Now, mean, disgusting and inflammatory words come out of the mouth of the president of the United States.

From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.

King, and the movement he led, would be outraged. The rest of us should be, too.

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

Read the full op-ed at the above link.

Very powerful! King speaks truth, reason, and humanity — in the spirit of Dr. King. Contrast that with the vile slurs, bogus race-baiting narratives, and non-policies spewing from the mouth of our racist (and incompetent) Liar/Grifter-in-Chief!

Two of my favorite MLK quotes (from the Letter from the Birmingham Jail — with acknowledgment to the Legal Aid and Justice Center from their poster hanging in my “office”)):

Injustice anywhere is a threat to justice everywhere.

Whatever affects one directly, affects all indirectly.

Thanks to those many courageous and dedicated individuals tirelessly serving America in the New Due Process Army by resisting Trump’s illegal and anti-American policies! You, indeed, are the 21st Century continuation of Dr. King’s legacy to our country and the world! Dr. King would be proud of you! Due Process Forever!

PWS

01-21-19

CBS NEWS: TRUMP SHUTDOWN “NEEDLESSLY JACKING” IMMIGRATION COURT BACKLOG BY AS MUCH AS 25% IN SOME STATES — Effects Uneven, But Bad Everywhere — Myth That Trump Knows Or Cares About Immigration Enforcement Exposed!

https://www.cbsnews.com/news/government-shutdown-immigration-court-backlog-million-cases-pennsylvania-kentucky-minnesota-2019-01-17/

Kate Smith reports for CBS News:

Thes immigration court backlog could grow to more than one million cases if the government shutdown drags into February and March, according to data compiled by CBS News. Some states, including Minnesota, Pennsylvania and Kentucky, are particularly vulnerable, and could see their state’s immigration courts’ backlog increase by more than a third.

Since the partial government shutdown began last month, immigration court hearings have ground to halt, effectively cancelling a vast majority of scheduled appearances.

Those postponed hearings will be added to the immigration court system’s already record-high backlog, which stood at more than 800,000 cases as of November 30, 2018, according to Syracuse University’s Transactional Records Access Clearinghouse (TRAC). Because of the government shutdown, more recent data is not available, said Susan Long, a director at TRAC, in an email to CBS News.

As of last Friday, nearly 43,000 hearings had been cancelled since the shutdown began, according to TRAC. If the shutdown continues through all of January, 108,112 immigrants will have had their appearances cancelled. That number grows to 185,071 if the shutdown continues through March 1, according to TRAC.

If the government remains shutdown through February 1, the backlog will rise at least 12.5 percent in cancelled cases alone, not including any new immigration hearings. If the government shutdown goes on until March 1, the backlog will reach at least one million hearings, a nearly 25 percent jump since the end of November.

“This level of dysfunction and chaos is simply unacceptable,” said Kate Voigt, the associate director of government relations at the American Immigration Lawyers Association, in an email to CBS News. “Every day the shutdown continues, the immigration court backlog gets worse and people’s lives are unfairly held in the balance.”

Some states will feel the impact of the immigration court closure much more than others, according to data compiled by CBS News. In Bloomington, Minnesota, the state’s lone immigration court had a 8,547-case backlog as of November 30, but that could increase by more than 43 percent if the government shutdown persists through March 1, according to data compiled by CBS News.

Minnesota has seen a surge of Guatemalan immigration cases starting in recent years. That court had just under 800 Guatemalan pending cases in 2016, but the number surged to 2,326 this year, according to data from TRAC. If the shutdown continues through February 1, the court’s backlog will grow by at least 27 percent.

Pennsylvania’s immigration courts have also seen an influx of Guatemalan immigration cases, according to TRAC. Between the state’s two immigration courts — in Philadelphia and York — Pennsylvania already had a 15,945-case backlog at the end of November, nearly a third of which were for Guatemalans. If the government shutdown continues through February 1, the state’s total backlog will grow by at least 20 percent; that number rises to 32 percent if the shutdown goes through March 1.

“Every day the shutdown continues, the immigration court backlog exponentially grows, further burdening an already overloaded system with high quotas and so much at stake in the lives of immigrants in proceedings,” said Ruby Powers, a Houston-based immigration attorney, in an email to CBS News.

Immigration attorneys also point out that without these court hearings, deportations cannot be ordered for migrants who don’t have legal grounds to stay in the U.S.

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

How dumb is shutting down the only body that can produce final orders of removal (except for cases of recent arrivals)? It’s also the only body that can adjudicate asylum applications from arriving migrants who pass then”credible fear” process.

The Immigration Courts may never recover from Trump’s misguided enforcement policies and insanely bad management.

PWS

01-19-19

DUE PROCESS AT WORK: GENDER-BASED CLAIMS ARE WINNING: FROM SEA TO SHINING SEA, SOME U.S. IMMIGRATION JUDGES STAND UP FOR THE RULE OF LAW AND THE RIGHTS (& LIVES) OF REFUGEE WOMEN EVEN IN THE FACE OF A SCOFFLAW, XENOPHOBIC DOJ!

Here are two redacted “post-Matter of A-B-” decisions from U.S.Immigration Judges correctly interpreting the law to grant relief to refugee women from Central America who have been victims of gender-based persecution in the form of domestic violence.

Assistant Chief U.S. Immigration Judge Deepali Nadkarni of the Arlington Immigration Court granted this case based on a PSG of “women in Honduras.”

Nadkarni Grant – Women in Honduras PSG

And U.S. Immigration Judge Miriam Hayward of the San Francisco Immigration Court granted this case based on a PSG of “women in Mexico:”

SF IJ Hayward DV PSG grant

 

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

Compare the outstanding organization, methodical scholarly analysis, proper use of country conditions, and logical conclusions of these decisions written by fair and impartial judges with the pages of legal gobbledygook and anti-asylum screed set forth by xenophobic politico Jeff Sessions in Matter of A-B-, 17 I&N Dec. 316 (BIA 2018).

In a properly functioning system, decisions like these would be the published precedents, not the misleading, inaccurate, and confusing decision of the Attorney General which has already been firmly rejected by U.S District Judge Sullivan in Grace v. Whitaker. Decisions like these two, if used as models, could actually help speed along the grant process in both the Asylum Office and the Immigration Courts, thus expediting justice without sacrificing Due Process.

As it is, these decisions should be helpful to counsel presenting cases of abused women in Immigration Court.

Assistant Chief Judge Nadkarni and Judge Hayward show what the U.S. Immigration Court system could be if the improper political meddling and enforcement bias were removed and the Immigration Court were allowed to operate independently. Unfortunately, there are some Immigration Judges out there who are intent not on judicial excellence, but on using Matter of A-B- to railroad refugees through the system into the “deportation mill” without Due Process. That’s why we need a diverse and independent appellate body that can reinforce “best practices” while keeping those judges who aren’t fairly and correctly applying asylum law in line and, perhaps, encouraging them to find other careers.

Congratulations to both Assistant Chief Judge Nadkarni and Judge Hayward for having the courage to stand tall for the rule of law, Due Process, and fundamental fairness for the most vulnerable in our society — the actual (if now largely discarded) mission of the U.S. Immigration Courts. I should know, since I helped draft that now-forgotten “vision statement.”

Also, many congrats to counsel Mark Stevens (who appeared before me many times in Arlington) and Kelly Engel Wells for their outstanding work and to the unnamed but still critically important ICE Assistant Chief Counsel who appear to have done an outstanding job of presenting these cases.

NOTE: Judge Miriam Hayward recently retired and has joined “Our Gang” now numbering at least 32 retired U.S. Immigration Judges and Appellate Immigration Judges.

PWS

01-17-19

 

THE GUARDIAN EXPOSES CONTINUING CHILD ABUSE BY ADMINISTRATION: Child Separations Underreported — Children Detained In Health-Threatening Conditions!

 

https://www.theguardian.com/us-news/2019/jan/17/trump-family-separations-report-latest-news-zero-tolerance-policy-immigrant-children?CMP=Share_iOSApp_Other

Amanda Holpuch reports for The Guardian:

The Trump administration may have separated thousands of migrant children from their parents at the border for up to a year before family separation was a publicly known practice, according to a stunning government review of the health department’s role in family separation.

A report by the health department’s Office of Inspector General (OIG) published Thursday said officials at the health department estimated “thousands of separated children” were put in health department care before a court order in June 2018 ordered the reunification of 2,600 other children.

“The total number of children separated from a parent or guardian by immigration authorities is unknown,” the report said.

In 2017, officials at the health department’s Office of Refugee Resettlement (ORR) observed a steep increase in the number of children referred to ORR care who had been separated from their parents or guardians by the Department of Homeland Security (DHS), according to the report.

In response to the increase, officials began informally tracking separations. “Thousands of children may have been separated during an influx that began in 2017, before the accounting required by the court, and HHS has faced challenges in identifying separated children,” the report said.

US attorney general Jeff Sessions announced the “zero tolerance” policy that made family separations possible in April 2018, but advocacy groups had been warning for months that family separations were already taking place.

In June 2018, a federal judge ordered 2,600 children to be reunited with their parents, but the health department said in the five months following the order, it was still identifying children who should have been considered separated but were not being clearly tracked in government systems.

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

Alexandra Villarreal reports for The Guardian:

https://www.theguardian.com/us-news/2019/jan/17/pennsylvania-detention-center-sick-children?CMP=Share_iOSApp_Other

At the Berks Family Residential Center, an immigrant detention facility in Leesport, Pennsylvania, advocates and former detainees say it’s normal for children held there to have health problems.

One mother, who asked to use her middle name Arely, told the Guardian that children often had fevers or vomited when she was detained at Berks. She said she watched helplessly as her two-and-a-half-year-old daughter threw up blood for three days.

Another woman – who asked to be referred to only by her middle name Fernanda because she still fears her antagonists in her home country – remembered children with the flu and respiratory illnesses, and how the on-site medical professionals would take their temperatures but never give out medicine. When Fernanda’s own daughter had fever, she had to go to the hospital just to get Tylenol, she said.

Since attorney Jacquelyn Kline began representing immigrant families detained at Berks in the summer of 2014, she said the majority of her clients have gotten sick. Usually, the illnesses have been minor. But sometimes, when common problems have gone ignored or untreated, they have spiraled to become something more.

“In my experience, [the staff] do the bare minimum and they don’t want to do more than that unless it becomes a situation where they have to do it,” Kline said. “Because they don’t address things when there are minor issues, it allows them to become more serious issues.”

One Berks resident wrote to US Immigration and Customs Enforcement (Ice) in late 2015 that though her son’s skin disease had spread to his genitals and bled when scratched, the clinical team had not provided him with medication.In May 2016, a three-year-old boy who had been suffering from fevers and loss of appetite for months was finally diagnosed with an intestinal parasitism after his mother found a worm in his diaper.

Berks did not respond to a request for comment. Ice’s public affairs officers are out-of-office for the duration of the government shutdown, according to an automated email from the Pennsylvania officer’s account. Ice confirmed that he is currently furloughed.

Relatives cry over the coffin of seven-year old Jakelin Caal, who died in a Texas hospital on 8 December, two days after being taken into custody by US border patrol agents.
Relatives cry over the coffin of seven-year old Jakelin Caal, who died in a Texas hospital on 8 December, two days after being taken into custody by US border patrol agents. Photograph: Johan Ordóñez/AFP/Getty Images

The fact that serious medical conditions occur and go untreated for days, weeks or months while immigrant children are under the government’s protection may come as a surprise to many. But advocates who have been on the ground at detention facilities under the purview of the Department of Homeland Security (DHS) are well acquainted with stories such as these that point to a wider trend.

“I am surprised that more children or parents have not died while in DHS custody, given the systemic failure on the part of the government to provide medical services,” said Kathryn Shepherd, national advocacy counsel for the Immigration Justice Campaign at the American Immigration Council.

In late 2018, the deaths of two migrant children while in US custody near the southern border made national headlines and refocused attention on immigrant children who are in the country illegally. First, seven-year-old Jakelin Amei Rosmery Caal Maquin died from cardiac arrest associated with dehydration on 8 December after being apprehended by DHS’s Customs and Border Protection (CBP).

Then, on Christmas Eve, eight-year-old Felipe Gómez Alonzo became the second child in a matter of weeks to succumb to illness after being taken into custody by CBP. It was later determined that he had the flu.

At first glance, the deaths appeared an exceptional phenomenon. Homeland security secretary Kirstjen M Nielsen has said that before last December, an immigrant child had not died in CBP custody in more than a decade.

But for those familiar with the ways in which DHS holds immigrant families beyond the border through Ice, the deaths felt part of a long medical history of neglect, misdiagnoses and close calls associated with undocumented children. This history dates to at least 2014, when the department ramped up mass incarceration of immigrant families under President Barack Obama.

“I don’t think that this is a new problem,” said Shepherd. “I think that this is something that’s been a problem for a long time.”

Before accepting her current post, Shepherd served as managing attorney for a pro-bono project representing asylum-seeking families at the South Texas Family Residential Center in Dilley, Texas. Women and children detained there have beenairlifted or rushed to a hospital in an ambulance on a number of occasions, she said. Last summer, Vice News reported that a toddler had died six weeks after leaving the Ice detention center, where she contracted what started as a common cold but evolved into a deadly virus.

Eight-year-old Felipe Gómez Alonzo died on Christmas Eve after being taken into custody by DHS’s Customs and Border Protection.
Eight-year-old Felipe Gómez Alonzo died on Christmas Eve after being taken into custody by DHS’s Customs and Border Protection. Photograph: Catarina Gomez/AP

Brad Berman, a clinical professor of pediatrics at the University of California- San Francisco and fellow of the American Academy of Pediatrics, said the DHS facilities he is aware of that hold immigrant families crossing through the US’s southern border appear to be “providing inadequate or substandard medical care”.

“They are violating their own standards – federal standards, as well as state standards, as well as ethical standards,” he said.

Vincent Picard, deputy assistant director to Ice public affairs, said that Ice spends more that $250m annually on healthcare for their charges. He cited the June 2017 DHS inspector general’s report that found the agency’s family residential centers to be “clean, well-organized and efficiently run”.

“Ice takes very seriously the health, safety and welfare of those in our care,” Picard said in a statement. “Ice is committed to ensuring the welfare of all those in the agency’s custody, including providing access to necessary and appropriate medical care. Comprehensive medical care is provided to all individuals in Ice custody.”

An independent medical evaluation Berman did tells a different story. He found that the standards of pediatric medical care and mental health evaluations and care” for one immigrant child “were breached during her stay” at Berks, the Ice family detention center in Pennsylvania, in 2016. The girl, whose mother Maria requested she be referred to by her middle name Beatriz, was bedwetting after traveling to the US from El Salvador. She was nine years old.

Soon after arriving at Berks, Beatriz had several appointments with Michael Mosko, a psychologist provided by the facility. In his notes from one of the sessions, Mosko wrote that after conferring with an interpreter , he was under the impression that the bedwetting “was related to nothing more than laziness”.

After Beatriz was released from Berks, she visited a pediatric urologist and nephrologist who diagnosed her with chronic renal failure – or loss of kidney function. Though the condition was likely associated with Beatriz’s premature birth, it was exacerbated by a misdiagnosis during her time in detention, Berman said.

Now, Beatriz takes pills every night for her illness, which Maria said can’t be cured.

“She looked good when we were in El Salvador,” Maria said. “It was when she came here that she got sick.”

For Maria and Beatriz – as for many of the families from Central America who have crossed the US-Mexico border in recent years – leaving El Salvador was an attempt at self-preservation. When licensed clinical social worker Kathryn S Miller evaluated Beatriz, her report indicates that Beatriz and Maria shared stories about how the child watched her mother get robbed at knifepoint, experienced a home invasion, and overheard accounts of family friends being murdered by gang members.

Over the course of a year, Miller evaluated a handful of children who were detained at Berks. She said there was no doubt that each of them had been exposed to repeated trauma while in their home countries and had legitimate reasons for requesting asylum.

While families seeking asylum make their case, many of them fall into DHS custody and rely on the medical professionals the department supplies.

“There’s just basic needs that children have,” said Miller. “And if they’re going to be tasked with taking care of vulnerable children, they need to have the training and support to make sure they’re taking good care of them.”

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

The shutdown hasn’t stopped the Administration’s many abuses of migrants and children. Clearly, a Wall is not the answer to forcing the Administration to follow the law.

PWS

01-17-19

 

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

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

 

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

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

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

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

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

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

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

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

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

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

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

http://facebook.com/tracreports

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

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

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

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

But, that’s not all folks!

Amy Taxin reports for NBC LA:

https://apple.news/AB_FhnUCjSkylre8-ue8cZQ 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

https://apple.news/AEy1h1oc7RSux5Cdw1fo4PQ

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

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

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

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

Visit FORTUNE.com

 

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

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

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

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

PWS

01-15-19

 

 

EOIR & USCIS ISSUE COURT-REQUIRED NEW GUIDANCE ELIMINATING LARGE PORTIONS OF SESSIONS’S BOGUS GUIDANCE IN DOMESTIC VIOLENCE/GANG RELATED CASES — Advocates Should Be Pushing This At All Levels In All Forums!

Dear Colleagues,

Following up on U.S. District Court Judge Emmet Sullivan’s powerful decision in Grace v. Whitaker, which found major elements of Matter of A-B- and the related USCIS Policy Memorandum to be inconsistent with the law, we are pleased to share the instructions which the Court ordered USCIS and EOIR to provide asylum officers and immigration judges conducting credible fear interviews and reviews of negative credible fear findings.  This guidance takes immediate effect and should be relied upon and cited to by advocates.

The Court declared that the following policies contained in Matter of A-B- and the related USCIS Policy Memorandum are arbitrary, capricious, and in violation of immigration law as applied to credible fear proceedings:

1.     The general rule against claims relating to domestic and gang violence.

2.     The requirement that a noncitizen whose claim involves non-governmental persecutors “show the government condoned the private actions or at least demonstrated a complete helplessness to protect the victim.”

3.     The Policy Memorandum’s rule that domestic violence-based particular social group definitions that include “inability to leave” a relationship are impermissibly circular and therefore not cognizable.

4.     The Policy Memorandum’s requirement that individuals must delineate or identify any particular social group in order to satisfy credible fear based on the particular social group protected ground.

5.     The Policy Memorandum’s directive that asylum officers should apply federal circuit court case law only “to the extent that those cases are not inconsistent with Matter of A-B-.

6.     The Policy Memorandum’s directive that asylum officers should apply only the case law of “the circuit” where the individual is “physically located during the credible fear interview.”

While the Court’s order is limited to credible fear interviews in the expedited removal process, we urge advocates to use the Court’s reasoning in merits hearings before the Asylum Office and the Immigration Court, and on review before the BIA and circuit courts.  Of the six findings above, only (4) and (6) are specific to the nature of the credible fear process, which is intended to be a low screening standard, providing the applicant with the benefit of the most advantageous case law.  The other four findings (1,2,3, and 5) are more broadly based on Judge Sullivan’s interpretation of key statutory terms of the refugee definition, and his reasoning should be adopted and argued in the merits context as well.

Best,

Karen
Karen Musalo
Bank of America Foundation Chair in International Law

Professor & Director, Center for Gender & Refugee Studies

SSRN Author Page:  http://ssrn.c

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Thanks, Karen. The actual guidance memos can be found at the link in Karen’s e-mail.

The EOIR “guidance” asserts that it applies only in credible fear reviews. While technically true, as Karen more accurately points out, the rationale of Judge Sullivan’s findings 1, 2, 3, and 5 should apply equally in removal proceedings. Even if the “captive” BIA won’t listen the real, Article III Courts should. That’s why it’s critical to challenge all A-B- denials in the Circuits. And, as I noted before, no Circuit has yet had an opportunity to review A-B-.

Most, if not all, cases denied on the basis of Sessions’s flawed decision in Matter of AB– should be subject to remand from the Article IIIs.  Just another example of how Sessions continues to harm individuals who deserve Due Process, while contributing to the largely DOJ-made backlog and wasting the time of the Article III Courts.

PWS

01-13-19

 

 

THE ABSURDITY OF TRUMP’S SHUTDOWN & ITS DEVASTATING EFFECT ON OUR ALREADY CRUMBLING IMMIGRATION COURT SYSTEM DETAILED IN OPEN LETTER TO CONGRESS BY NAIJ PRESIDENT, HON. A. ASHLEY TABADDOR

01092019senate

NATIONAL ASSOCIATION OF IMMIGRATION JUDGES
President A. Ashley Tabaddor c/o Immigration Court 606 S. Olive Street, 15th Floor Los Angeles, CA 90014 (213) 534-4491
______________________________________________________________________________________________________ January 9, 2019
Dear Senator,
As has been widely reported, the current government shutdown over U.S. immigration policy has placed an unmanageable burden on our nation’s Immigration Courts. As an Immigration Judge in Los Angeles presently on furlough and as President of the National Association of Immigration Judges (NAIJ), I am acutely aware of the impact of the current government shut down on our Immigration Courts, Immigration Judges and the parties who appear before us.
There is currently a backlog of more than 800,000 pending immigration cases (an increase of 200,000 cases in less than two years, in spite of the largest growth in the number of judges in recent history – from under 300 to over 400 U.S. Immigration Judges). We, as Immigration Judges, are responsible for determining whether claimants can remain in the United States or must be deported or detained.
Because of the crushing backlog of cases, our individual court calendars are booked, morning and afternoon, every day of the week, multiple years in advance. Some days our judges have more than 80 cases on their dockets. Every day that our courts are closed, thousands of cases are cancelled and have to be rescheduled. However, the likely re-scheduling option is – as Washington Post editorial writers suggest – plucked from a New Yorker cartoon: “Never. Does never work for you?” While this is hyperbole, it is not far from the truth. Since it is impossible to predict when these cases can reasonably be rescheduled, it might as well be “never.”
The concept of “never” cannot be accepted and does not work for the United States. It is unacceptable to prevent those who should be deported to remain here indefinitely or to prevent those who are eligible for relief from being granted relief and receive the benefit they deserve. When a hearing is delayed for years as a result of a government shutdown, individuals with pending cases can lose track of witnesses, their qualifying relatives can die or age-out and evidence already presented becomes stale. Those with strong cases, who might receive a legal
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immigration status, see their cases become weaker. Meanwhile, those with weak cases – who should be deported sooner rather than later – benefit greatly from an indefinite delay.
Judges, as public servants, along with our fellow federal employees and people across the country, are also being asked to carry the burden of a government shut-down. Every Immigration Judge across the country is currently in a “no-pay” status. Those who have been furloughed are anxious about having been prevented from continuing to work and earn their living. The judges who have been deemed as “excepted” are serving the American people without pay and doing so with added unnecessary pressures, including the Department’s recent announcement that most hearings will no longer be accompanied with in-person interpreters, and that the judges’ previous compressed work schedules and administrative time to review cases has been cancelled. On behalf of the NAIJ, I urge you to bring a rapid end to the current shutdown.
The root cause, however, of an increasing backlog of cases, the delays, uncertainty and unfairness in U.S. Immigration Courts is that our Immigration Court and judges are directly accountable to the U.S. Attorney General, the federal government’s lead prosecutor. This underlying structural flaw has led to repeated violations of the basic tenants of our American judicial principles, that of an independent and impartial judge and court. While we are grateful to Congress for the recent allocation of additional funding to our resource starved courts, such as added Immigration Judge teams, history has proven that the issues plaguing our Immigration Courts will not be corrected simply through more funding. The enduring solution, which has been publicly supported by multiple prominent legal organizations and scholars, is to remove the Immigration Court from the Justice Department and afford it with the true independence it needs and deserves. It is long past time to vest U.S. Immigration Judges – like our counterparts in U.S. tax and bankruptcy courts – with full judicial independence under Article 1 of the U.S. Constitution.
We are available at your convenience to discuss these critical issues. Sincerely,
Hon. Ashley Tabaddor
President, National Association of Immigration Judges
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Wow! Trump is taking “Aimless Docket Reshuffling” — the REAL primary cause of the unmanageable court backlog — to new heights.

And, Judge Tabaddor isn’t even counting the 300,000 or so already closed cases that EOIR Director McHenry includes in his backlog count (undoubtedly on orders from his DOJ “handlers”)!

Nor does she include more than 300,000 Central Americans and Haitians that the Administration is mindlessly (and perhaps illegally) trying to boot out of their current status. Of course, the vast majority of the TPSers would have strong claims for “Cancellation of Removal.” So, in truth, they are not going anywhere except into the Court’s backlog. Trump will be long gone before the Immigration Courts even get to,the first of those cases!

Running hearings without in person interpreters! That’s almost a prima facie Due Process violation. I can virtually guarantee that it will result in many inadequate or disputed translations, meaning remands by the BIA and the Article IIIs for “redos.” Haste makes waste!

What if we actually invested in a system that “does Due Process right” the first time around? Certainly, it would make the system fairer and more efficient. It wouldn’t cost $5.7 billion either. Indeed some of that money could be spent on providing universal representation for asylum seekers.  Or how about a functioning e-filing system which almost all other high volume courts in America also have?

Could it get any dumber than Trump shutting down the Immigration Courts, essential to immigration administration and enforcement, over immigration enforcement? No, it couldn’t!

PWS

01-12-19

THE HILL: NOLAN SAYS TRUMP HAS THE WRONG “BORDER CRISIS”

https://thehill.com/opinion/immigration/424893-there-is-a-border-crisis-its-just-not-quite-what-the-president-said-it-is

Family Pictures

Nolan writes, in part:

. . . .

Unfortunately, Trump has made it easier for them by basing his request on claims about who is crossing the border that can be disputed readily, such as that many of them are terrorists or criminals.
He should base his otherwise correct argument instead on the numbers — on the fact that the sheer number of illegal crossings has overwhelmed our immigration courts, creating a backlog crisis that has made it virtually impossible to enforce our immigration laws, and that the border cannot be secured when illegal crossers are allowed to remain here indefinitely.
**********************************************
Go on over to The Hill at the link for Nolan’s complete article.
  • Democrats aren’t destroying Trump’s credibility; he’s doing that himself with his constant lies and false narratives; this is just the latest and one of the most egregious examples;
  • By all reliable counts, illegal border crossings at the Southern Border are down substantially;
  • What is “up” are crossings by unaccompanied children and families from the Northern Triangle seeking asylum;
  • Such individuals present a humanitarian situation arising from a crisis in the Northern Triangle; but, they are not a “security threat” to the US; almost all turn themselves in at ports of entry or shortly after entering to apply for asylum under our legal system as they are entitled to do;
  • Those (other than unaccompanied children) who don’t establish a “credible fear” can be returned immediately without ever getting to the Immigration Courts (except for brief “credible fear reviews” before Immigration Judges);
  • The vast majority have a “credible fear” and should be referred to Immigration Court for full hearings on their claims in accordance with the law and our Constitution;
  • When matched with pro bono lawyers, given a clear understanding of the requirements, and time to prepare and document a claim, they appear for court hearings almost all the time;
  • Even with the Trump Administration’s “anti-asylum campaign” directed primarily at applicants from the Northern Triangle, and the lack of representation in approximately 25% of the cases, asylum claims from the Northern Triangle succeed at a rate of approximately 20%, https://wp.me/p8eeJm-3oo;
  • Undoubtedly, there is a “crisis” in our U.S. Immigration Courts — a Due Process and mismanagement crisis;
  • But, the Trump Administration with its often illegal actions and gross mismanagement, has actually managed to artificially increase the Immigration Court Backlog from just over 500,000 to more than 1.1 million in less than two years — despite having at least 100 additional Immigration Judges on duty, https://wp.me/p8eeJm-3qN;
  • Indeed, Trump’s shutdown is unnecessarily “ratcheting up” the Immigration Court backlog and initiating a new round of “Aimless Docket Reshuffling” right now;
  • In addition to not understanding the true complexities of the immigration system, the Administration’s incompetent administration of the Immigration Courts is another reason why Trump might choose to shift attention elsewhere.;
  • Somebody will have to address the Due Process and administrative mess in the Immigration Courts in a constructive manner, starting with an independent, apolitical, court structure; but it won’t be the Trump Administration.

PWS

01-10-19

 

4th Cir. Finds No Nexus In Gang-Based Asylum Case – Cortez-Mendez v. Whitaker

162389.P

Cortez-Mendez v. Whitaker, 4th Cir., 01-07-19, Published

PANEL: WILKINSON and AGEE, Circuit Judges, and James P. JONES, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION BY:  Judge Agee

KEY QUOTE:

Cortez-Mendez disputes the IJ and BIA’s conclusion that he was threatened because of “general criminal gang activity” in his hometown. A.R. 3; see A.R. 65–66. He asserts the gangs persecuted him because his father’s disabilities caused Cortez-Mendez to be poor, “vulnerable,” and “an easy mark [without] the backing and advice of a father.” A.R. 148. Cortez-Mendez argues his persecution was pointedly discriminatory because he “knew many of his persecutors[ ] and had heard them ridicule his father and the rest of his family.” Opening Br. 11; see A.R. 56. We find his arguments unpersuasive.

Cortez-Mendez presented no direct or circumstantial evidence that the gangs harassed him “on account of” his father’s disabilities as opposed to his own rejection of gang membership. See 8 U.S.C. § 1101(a)(42). He provided no direct evidence that the gangs intimidated him because he was his father’s son. His only evidence of linkage to his father is that non-gang neighborhood harassers had “made fun of” him because of Marcial Cortez’s disabilities, A.R. 146–47, and the gang members who called his mother in 2005 “remembered [him] as a son of a mute and dumb person,” A.R. 176. Even if either of these groups of taunters knew about Marcial Cortez’s disabilities, it does not follow that they intimidated Cortez-Mendez because of his relation to his disabled father.See Hernandez-Avalos, 784 F.3d at 950 n.7 (“[N]ot . . . every threat that references a family member is made on account of family ties.”).

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Indeed, the circumstantial evidence in the record reflects a different reason for Cortez-Mendez’s harassment: he rejected the gangs’ recruitment efforts. Cortez-Mendez testified that he feared the gangs would harm him “if [he] did not become a gangster” or “if [he] did not [agree] to become part of the gangs.” A.R. 175. Substantial evidence supports the IJ’s and BIA’s conclusions that the “neighborhood gangs observed the family’s poverty and concluded they could easily recruit” Cortez-Mendez, A.R. 56, and that it was after Cortez-Mendez refused to join the gangs that they threatened him, A.R. 3–4, 66. Cortez-Mendez even admitted that he left El Salvador because had rejected gang membership: “they kept asking me to join them and be a member of the gang, and that is why I fled.” A.R. 140. At most, Cortez-Mendez demonstrated that the gangs may have targeted him because of his poverty but only threatened him because he would not join their ranks. Flight from gang recruitment is not a protected ground under the INA. See Zelaya v. Holder, 668 F.3d 159, 166–67 (4th Cir. 2012); Matter of S-E-G-, 24 I. & N. Dec. 579, 589 (B.I.A. 2008). Consequently, Cortez-Mendez’s own testimony of his circumstantial fears defeats his argument that a protected ground like his relation to his disabled father was “at least one central reason for” his treatment in El Salvador.Crespin-Valladares, 632 F.3d at 127.

Furthermore, while it is not dispositive, Cortez-Mendez testified that his father and other family members still live in El Salvador and have suffered no harm. Our decision relies on whether Cortez-Mendez—and not some other person—was persecuted because of his relation to his father, see Hernandez-Avalos, 784 F.3d at 950; Crespin-Valladares, 632 F.3d at 127 n.6, but a fact we may consider with the rest is whether other family

8

members have been persecuted because of their identical family ties, see Mirisawo, 599 F.3d at 398 (“The fact that family members whose political opinions Mirisawo fears will be imputed to her have not themselves faced harm fatally undermines her claim that she will suffer persecution because of her association with them.”). The evidence in the record that Cortez-Mendez’s family—including his disabled father—remains unharmed suggests that Cortez-Mendez’s relation to his father is not the reason for the persecution he fears.

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

Primarily a failure of proof. Had there been evidence that: (1) the gang’s threats were because of the respondent’s father’s disabled status; (2) his father or other members of the family had been harmed or threatened; or (3) gangs in El Salvador had a particular antipathy toward disabled individuals and their families, the result could have been different.

Still, the fact-based nature of this outcome, and the Fourth Circuit’s carefully articulated analysis, give lie to Session’s attempt to create a “de facto presumption” against the granting of asylum cases based on domestic violence and/or harm from gangs. Each case must be separately analyzed on its facts. That will take considerable time and careful analyses by U.S. immigration Judges and the BIA — the polar opposite of Sessions’s prejudicial “judicial quotas” and his urging that Immigration Judges cut corners by prejudging gang-related cases against respondents as he suggested in Matter of A-B-.

With the backlog growing exponentially by the day as a result of Trump’s mindless shutdown, the Immigration Courts can’t possibly carry out their mission consistently with Due Process as long as they are controlled by politicos like Sessions, Whitaker, and Trump.

HISTORICAL NOTE: Both Miriswano and Crespin-Valladares, cited by the Fourth Circuit cases were my cases when I was at the Arlington Immigration Court.

PWS

01-10-19

SISTER NORMA PIMENTEL: A MESSAGE TO TRUMP FROM THE REAL BORDER

https://www.washingtonpost.com/opinions/2019/01/10/welcome-border-mr-president/

Sister Norma Pimentel in WashPost:

Norma Pimentel, a sister of the Missionaries of Jesus, is director of Catholic Charities for the Rio Grande Valley.

Dear Mr. President,

We welcome you to our community here in South Texas along the Rio Grande, which connects the United States to Mexico. I wish you could visit us. Our downtown Humanitarian Respite Center has been welcoming newcomers for the past four years.

When families cross the border, they are typically apprehended by authorities, held for a few days and released with a court date to consider their request for asylum. After they are released, we receive them at our respite center. By the time they find their way to our doors, most adults are wearing Border Patrol-supplied ankle bracelets and carrying bulky chargers to keep those devices powered up.

Helping these families has been our work since 2014, when tens of thousands of people, primarily from Guatemala, Honduras and El Salvador, crossed into the United States through the Rio Grande Valley Sector, creating a humanitarian emergency in our community. Before the respite center opened, dozens of immigrant families, hungry, scared and in a foreign land, huddled at the bus station with only the clothes on their back, nothing to eat or drink, and nowhere to shower or sleep. They waited hours and sometimes overnight for their buses.

Every day of the year, from morning to evening, families coming over the border are welcomed at our center with smiles, a warm bowl of soup, a shower and a place to rest. Most families are exhausted and afraid, carrying little more than a few belongings in a plastic bag. They come in all forms and at all ages. Few speak any English. Most are in great need of help. Some days, we see 20 people. Other days, it’s closer to 300. In recent weeks, it has been very busy. Some stay a few hours, but many spend the night before heading on to new destinations. Since we opened, more than 100,000 have come through our doors.

We work closely with the U.S. Customs and Border Protection Rio Grande Valley Sector, and our team has cultivated a culture of mutual respect and dialogue. Our center staff, in communication with the Border Patrol, prepares to receive groups of immigrants who have been released. We try to meet the need. It is vital that we keep our country safe, and I appreciate the work of the men and women in the U.S. Customs and Border Protection who are vigilant as to who enters our country. I pray for them daily.

Later in the day, you will meet some of the children who are playing in our small play yard and the mothers and fathers who are watching over them. Some will be resting, as for many of them this is the first place since they left their home countries where they feel safe.

In the evening, another group of volunteers arrives to cook and serve a simple dinner of pizza or tacos, beans and rice, Sometimes local restaurants donate the dinner. Either way, the families who will remain for the night have a meal and prepare to sleep. In the morning, we send them on their way, a little better off but armed with a sign (that we give them) that reads: “ PLEASE HELP ME. I DO NOT SPEAK ENGLISH. WHAT BUS DO I TAKE? THANK YOU FOR YOUR HELP!”

As the Most Rev. Daniel E. Flores, bishop of our diocese, says, “We must put human dignity first.”

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This is a more accurate picture of Central American asylum seekers which reflects the inspirational qualities of courage, ingenuity,  perseverance, gratitude, and industry that I found in the most of the asylum-seeking individuals and families I came in contact with over my years at the Arlington Immigration Court.

Also, Sister Norma paints a more sympathetic picture of the U.S. Border Patrol which reflects some of my experiences when I worked with them at the “Legacy INS.”

Imagine what even a few billion (or even a few million) dollars invested in humanitarian assistance like that provided by Sister Pimentel and her organization could do as opposed to wasteful spending on more largely useless walls and wasteful and inhumane detention centers.

Walls, jails, prosecutions, threats, and disingenuous de-humanizing rhetoric are not effective or acceptable ways of dealing with a humanitarian crisis.

PWS

01-10-19

TAL @ SF CHRON: Dreamer Deal To End Shutdown Seems Unlikely — PLUS BONUS COVERAGE: My Essay “Let’s Govern!”

https://www.sfchronicle.com/politics/article/Why-a-DACA-deal-to-end-the-shutdown-is-unlikely-13517915.php?t=e29fabd761

Tal reports:

WASHINGTON — A perennial trial balloon is once more floating on the horizon: Could protecting young undocumented immigrants from deportation in exchange for border security money get Washington out of a lengthy government shutdown?

The idea is already rapidly falling back to Earth.

President Trump and House Speaker Nancy Pelosi, D-San Francisco, have both brushed aside suggestions that passing protections like the Deferred Action for Childhood Arrivals program could be a way out of the shutdown, which is nearing the end of its third week with no hint of a resolution.

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DACA temporarily protects many undocumented immigrants who arrived in the U.S. under the age of 16 from being deported. Trump, whose attempt to end DACA is tied up in the courts, said Sunday that he would “rather have the Supreme Court rule and then work with the Democrats” on extending protections for program recipients.

“They’re two different subjects,” Pelosi said last month when asked about trading DACA for Trump’s southern border wall — $5.7 billion for which he is demanding before he will sign any government funding bills for the agencies that have been shut down.

Democrats are not universally against the idea. San Mateo Rep. Jackie Speier told MSNBC last week that she “personally would support it” and “there is a willingness to look” at a DACA-for-wall money deal in the caucus. DACA protections for nearly 700,000 immigrants nationwide, 200,000 of whom are in California, are in limbo, and hundreds of thousands more would be eligible for the program.

But numerous other Democrats — including several on the influential Hispanic, Asian Pacific and black caucuses that have leadership’s ear on immigration — said a DACA deal involving wall money is a nonstarter in shutdown negotiations without serious and uncharacteristic overtures from Trump.

Here’s why it’s unlikely:

Trump thinks time, and the Supreme Court, are on his side. The White House believes the court will ultimately invalidate the Obama-era DACA program or side with Trump’s attempt to end it, which has been blocked by lower courts. When that happens, the administration believes, Trump will have more leverage to cut a better deal with Democrats desperate to keep sympathetic young DACA recipients from being deported, and Congress will be forced to deal with a dilemma it has long avoided.

Democrats don’t trust Trump, who has walked away from a number of DACA proposals in the past year. “Donald Trump is not a deal-maker, he’s a deal-breaker,” said Rep. Ruben Gallego, D-Ariz. “We’ve seen this happen numerous times, and we’re not going to come approach him with a deal that he’s only going to take and then reject and then come back and move the goalposts on.”

Pelosi is in touch with her base, and her base isn’t eager to broach that deal. “People don’t want to trade a wall for something that isn’t even real,” said Rep. Pramila Jayapal, D-Wash., co-chair of the Congressional Progressive Caucus. “People don’t want a wall, period, and I think there’s no trust that there’s any credible negotiation around something positive on immigration, given (Trump’s) history.”

Trump wants much more on immigration than just physical border security, where there are some areas of potential compromise. A presentation that Homeland Security Secretary Kirstjen Nielsen prepared for congressional leaders last week included calls not just for the wall, but the rollback of a bipartisan bill designed to protect human trafficking victims and a court-ordered settlement intended to safeguard immigrant children. Both of those are nonstarters with Democrats, who say the protections are needed and getting rid of them does not promote border security.

Republicans question whether Democrats are as motivated as they say they are to resolve the DACA issue. They’re skeptical Democrats want to take the political leverage off the table. Rep. Mario Diaz-Balart of Florida, a moderate Republican who has long worked on immigration reform, called the potential to get a deal out of the shutdown fight the “opportunity of a lifetime.”

“It requires the Democratic leadership to actually do something that they have not done in the past,” Diaz-Balart said, “which is match their rhetoric on DACA with actual action.”

Tal Kopan is The San Francisco Chronicle’s Washington correspondent. Email: tal.kopan@sfchronicle.com Twitter: @talkopan

 

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HERE’S YOUR “BONUS COVERAGE” ESSAY FROM “COURTSIDE:”

LET’S GOVERN!

By

Paul Wickham Schmidt

United States Immigration Judge (Retired)

I still think the best deal for America would be some form of “Wall for Dreamers” compromise. To me, the huge downside of “The Wall” would be more than offset by getting 800,000 great American young people — literally the future of our country – out of the shadows and contributing their maximum skills, talents, and creativity to making America really great (not the hollow mockery of “greatness’ peddled by Trump and his base).

But, Tal’s usually got her head “closer to the ground” than I do these days from my retirement perch in Alexandria. So, I’ll assume for the purposes of this piece that Tal is correct and that the “great compromise” isn’t in the cards – at least at this time.

So, where does we go from here? This is crystal clear: Trump can neither govern in America’s best interest nor can he cut any reasonable deal. So, it seems like the only alternative for America is for the Democrats in Congress to get together with the GOP and develop a plan for governing in the absence of a competent Executive. That means passage of “veto-proof” legislation that also places some specific limits and directions on Executive actions.

What could a “veto proof” compromise to reopen Government look like.  Well, of course, to start it must fund the affected Government agencies through the end of the fiscal year.

But, it also could include a robust $5.9 Million “Border Security” package.  Here’s what could be included:

  • Additional Asylum Officers;
  • Additional port of entry inspectors;
  • Additional Immigration Judges and court staff;
  • Additional funding for Office of Refugee Resettlement for health and safety of children;
  • Required e-filing and other management improvements at EOIR (including elimination of counterproductive “quotas” on judges, and providing at least one judicial law clerk for each judge);
  • Additional Assistant Chief Counsel for ICE;
  • Funding for counsel for asylum applicants and resettlement agencies;
  • Additional Anti-Smuggling, Intelligence, and Undercover Agents for DHS;
  • Smart Technology for and between ports of entry at the border and the interior;
  • Required improvements in management planning, hiring, and supervision within DHS;
  • Limitations on wasteful immigration detention (including a prohibition on long-term detention of children except in limited circumstances) and reprogramming of detention funds to alternatives to detention;
  • Funding for additional border fencing or fencing repairs in specific areas with an express prohibition on additional physical barriers without a specific appropriation from Congress.
  • Assistance to Mexico, the UNHCR, and other countries in the hemisphere to improve refugee processing and address problems in the Northern Triangle;

Sure, Trump could, and maybe would, veto it – although he’d be wise not to. And, I suppose, that veto, which would be overridden, could be the “red meat” for his base that he apparently favors over the “art of governing.”

But, in the meantime, Congress would fulfill its important role of governing in a bipartisan manner that will keep America moving forward even in the times of a weak and incompetent Executive. And, unlike the bogus “Wall,” the foregoing measures would actually contribute to our country’s security and welfare without wasting taxpayers’ money or trampling on individual rights and legal obligations. In other words, “smart governance.” That seems like a fair and worthy objective for both parties in Congress.

PWS

01-09-19

 

 

 

MORE PHONY BALONEY FROM LIAR-IN-CHIEF!

https://www.washingtonpost.com/politics/2019/01/09/fact-checking-president-trumps-oval-office-address-immigration/

Salvador Rizzo reports for WashPost:

The first misleading statement in President Trump’s Oval Office address Tuesday night came in the first sentence.

Trump, addressing a national television audience from behind his desk, warned of a “security crisis at the southern border” — even though the number of people caught trying to cross illegally is near 20-year lows.

Another false claim came moments later, when Trump said border agents “encounter thousands of illegal immigrants trying to enter our country” every day, though his administration puts the daily average for 2018 in the hundreds. A few sentences later, he said 90 percent of the heroin in the United States comes across the border with Mexico, ignoring the fact that most of the drugs come through legal entry points and wouldn’t be stopped by the border wall that he is demanding as the centerpiece of his showdown with Democrats.

Over the course of his nine-minute speech, Trump painted a misleading and bleak picture of the situation at the U.S.-Mexico border. He pumped up some numbers, exaggerated the public safety risks of immigration and repeated false claims regarding how to fund a border wall.

The appearance, coming as a partial federal government shutdown resulting from the wall fight enters its third week, underscored the extent to which Trump has relied on false and misleading claims to justify what has long been his signature political issue.

One false claim noticeably absent from the speech was the assertion made by the president and many of his allies in recent days that terrorists are infiltrating the country by way of the southern border. Fact-checkers and TV anchors, including those on Fox News, spent days challenging the truthfulness of the claim.

Below are the truths behind Trump’s claims from the Oval Office address:

“Tonight I am speaking to you because there is a growing humanitarian and security crisis at our southern border.”

By any available measure, there is no new security crisis at the border.

Apprehensions of people trying to cross the southern border peaked most recently at 1.6 million in 2000 and have been in decline since, falling to just under 400,000 in fiscal 2018. The decline is partly because of technology upgrades; tougher penalties in the wake of the 9/11 terrorist attacks; a decline in migration rates from Mexico; and a sharp increase in the number of Border Patrol officers. The fiscal 2018 number was up from just over 300,000 apprehensions at the U.S.-Mexico border for fiscal 2017, the lowest level in more than 45 years.

There are far more cases of travelers overstaying their visas than southern border apprehensions. In fiscal 2017, the Department of Homeland Security reported 606,926 suspected in-country overstays, or twice the number of southern border apprehensions. In fiscal 2016, U.S. officials reported 408,870 southern border apprehensions and 544,676 suspected in-country overstays.


(Kevin Uhrmacher/Washington, D.C.)

While overall numbers of migrants crossing illegally are down, since 2014 more families from El Salvador, Guatemala and Honduras have begun to trek to the United States in search of safer conditions or economic opportunities, creating a humanitarian crisis.

“Record numbers of migrant families are streaming into the United States, overwhelming border agents and leaving holding cells dangerously overcrowded with children, many of whom are falling sick,” The Washington Post reported Jan. 5. “Two Guatemalan children taken into U.S. custody died in December.”

“Every day Customs and Border Patrol agents encounter thousands of illegal immigrants trying to enter our country.”

Southern border apprehensions in fiscal 2018 averaged 30,000 a month (or 1,000 a day). They ticked up in the first two months of fiscal 2019, but it’s a stretch to say “thousands” a day. Better to say “hundreds.”

“America proudly welcomes millions of lawful immigrants who enrich our society and contribute to our nation, but all Americans are hurt by uncontrolled illegal migration. It strains public resources and drives down jobs and wages. Among those hardest hit are African Americans and Hispanic Americans.”

Some context here: In general, economists say illegal immigration tends to affect less-educated and low-skilled American workers the most, which disproportionately encompasses black men and recently arrived, low-educated legal immigrants, including Latinos.

The U.S. Commission on Civil Rights in 2010 found that illegal immigration has tended to depress wages and employment for black men. However, there are other factors at play, and “halting illegal immigration is not a panacea even for the problem of depressed wage rates for low-skilled jobs,” the commission found.

The consensus among economic research studies is that the impact of immigration is primarily a net positive for the U.S. economy and to workers overall, especially over the long term. According to a comprehensive 2016 report by the National Academies of Sciences, Engineering, and Medicine on the economic impacts of the U.S. immigration system, studies on the impact of immigration showed “the seemingly paradoxical result that although larger immigration flows may generate higher rates of unemployment in some sectors, overall, the rate of unemployment for native workers declines.”

“Our southern border is a pipeline for vast quantities of illegal drugs, including meth, heroin, cocaine and fentanyl. Every week, 300 of our citizens are killed by heroin alone, 90 percent of which floods across from our southern border.”

‘There is no crisis’: Three border-town neighbors react to Trump’s wall demand

With a partial wall near their homes, three neighbors in Penitas, Tex., react to President Trump’s call to expand the barrier on the Mexican border.

In 2017, more than 15,000 people died of drug overdoses involving heroin in the United States, according to the Centers for Disease Control and Prevention. That works out to about 300 a week.

But while 90 percent of the heroin sold in the United States comes from Mexico, virtually all of it comes through legal points of entry. “A small percentage of all heroin seized by [Customs and Border Protection] along the land border was between Ports of Entry (POEs),” the Drug Enforcement Administration said in a 2018 report. So Trump’s wall would do little to halt drug trafficking. Trump’s repeated claim that the wall would stop drug trafficking is a Bottomless Pinocchio claim.

“In the last two years, ICE officers made 266,000 arrests of aliens with criminal records, including those charged or convicted of 100,000 assaults, 30,000 sex crimes, and 4,000 violent killings. Over the years, thousands of Americans have been brutally killed by those who illegally entered our country, and thousands more lives will be lost if we don’t act right now.”

Trump warns about dangerous criminals, but the numbers he’s citing involve a mix of serious and nonviolent offenses such as immigration violations. U.S. Immigration and Customs Enforcement reports yearly arrest totals without breaking down the type of offense, which could be anything from homicide to a DUI to illegal entry.

Notice how Trump switches quickly from the 266,000 arrests over two years to charges and convictions: “100,000 assaults, 30,000 sex crimes, and 4,000 violent killings.” In many cases, the people arrested face multiple counts, so that switch gives a confusing picture.

In fiscal 2018, ICE conducted 158,581 administrative arrests for civil immigration violations. The agency’s year-end report says two-thirds (105,140) of those involved people with criminal convictions and one-fifth (32,977) involved people with pending criminal charges. Of the 143,470 administrative arrests in 2017, 74 percent involved people with criminal records and 15.5 percent involved people who had pending charges. But these totals cover all types of offenses — including illegal entry or reentry.

In the fiscal 2018 breakdown, 16 percent of all the charges and convictions were immigration and related offenses.

“Last month, 20,000 migrant children were illegally brought into the United States, a dramatic increase. These children are used as human pawns by vicious coyotes and ruthless gangs.”

No government statistic tracks children smuggled in by bad actors, “coyotes” or drug gangs. What Trump is referring to is CBP’s number for family unit apprehensions, a monthly statistic. The family unit by definition must include at least one parent or legal guardian and one minor. (There’s a separate figure for unaccompanied alien children.)

That number was 25,172 in November, the most recent month for which data are available, but it’s wrong to describe it as a statistic that represents children being smuggled into the country.

Trump describes this as 20,000 children, but it could be many more, considering that some families have multiple children. More important, Trump describes this as children being smuggled in by coyotes or gangs, but border officials screen for false claims of parentage. To imply as Trump does that a child’s mother, father or legal guardian is or hired a smuggler, coyote or gang member in all of these cases is wrong.

“Furthermore, we have asked Congress to close border security loopholes so that illegal immigrant children can be safely and humanely returned back home.”

The Trump administration considers the Flores settlement agreement a loophole. That policy requires the government to release unaccompanied immigrant children who are caught crossing the border within 20 days to family members, foster homes or “least restrictive” settings.

The president also wants to tighten U.S. asylum laws generally and the Trafficking Victims Protection Reauthorization Act, with the goal of restricting some immigrants’ opportunities to file asylum petitions. Trump describes these asylum provisions as “border security loopholes,” but supporters call them core provisions of U.S. laws that cover refugees.

“Finally, as part of an overall approach to border security, law enforcement professionals have requested $5.7 billion for a physical barrier. At the request of Democrats, it will be a steel barrier rather than a concrete wall.”

Trump suggests that Democrats requested a steel barrier rather than a concrete wall, but the proposed switch to steel was an idea the Trump administration brought up. No Democrats are on record demanding a steel barrier along the U.S.-Mexico border.

“This is just common sense. The border wall would very quickly pay for itself. The cost of illegal drugs exceeds $500 billion a year, vastly more than the $5.7 billion we have requested from Congress.”

Trump tweeted a similar claim in March, citing a study from the Center for Immigration Studies, which supports more restrictive immigration policies. Essentially, the claim that the wall pays for itself turns on three numbers: a) estimated savings from each undocumented immigrant blocked by the wall, b) the total number of undocumented immigrants stopped over 10 years and, and c) the cost of the wall.

It’s (a) $75,000 multiplied by (b) 160,000 to 200,000 equals (c) $12 billion to $15 billion. So, if the wall actually costs $25 billion, the number of undocumented immigrants halted by the wall would need to be doubled, or one has to assume it would take 20 years to earn the money back. But other experts offer different estimates for each of those numbers.

Plus, as we’ve previously reported, the wall would do little to stop drugs from entering the United States, since they primarily come in through legal points of entry, making the cost of illegal drugs irrelevant to this issue.

“The wall will also be paid for indirectly by the great new trade deal we have made with Mexico.”

This is a Four Pinocchio claim. During the campaign, Trump more than 200 times promised Mexico would pay for the wall, which the administration says would cost at least $18 billion. Now he says a minor reworking of the North American Free Trade Agreement (NAFTA) will earn enough money for pay for the wall.

This betrays a misunderstanding of economics. Countries do not “lose” money on trade deficits, so there is no money to earn; the size of a trade deficit or surplus can be determined by other factors besides trade. Congress must still appropriate the money, and the trade agreement has not been ratified.

“Senator Chuck Schumer, who you will be hearing from later tonight, has repeatedly supported a physical barrier in the past, along with many other Democrats. They changed their mind only after I was elected president.”

Schumer, Hillary Clinton and many other Democrats voted for the Secure Fence Act of 2006, which authorized building a fence along nearly 700 miles of the border between the United States and Mexico. But the fence they voted for is not as substantial as the wall Trump is proposing. Trump himself has called the 2006 fence a “nothing wall.”

Michelle Ye Hee Lee and Meg Kelly contributed to this report.

(About our rating scale)

 

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Here is a good summary of Trump’s “Bogus, Self-Created Non-Emergency” (a/k/a “Fiddling While Rome Burns”) from the WashPost Editorial staff:

https://www.washingtonpost.com/opinions/here-are-some-real-emergencies-none-of-them-requires-the-president-to-turn-into-a-dictator/2019/01/08/7030a93c-1376-11e9-803c-4ef28312c8b9_story.html

January 8 at 4:44 PM

AS CRISES go, the situation along the southern border is certainly a logistical, humanitarian and managerial challenge. Its urgency is accentuated by laws and infrastructure ill-suited to the current flood of families seeking asylum in the United States. But it is not a national emergency, as President Trump has framed it, any more than numerous other challenges we can think of.

The Border Patrol’s average monthly arrests of undocumented immigrants have plummeted by nearly two-thirds from the administration of President George W. Bush to that of Mr. Trump. There is no evidence that terrorists have crossed the frontier illegally from Mexico, as Mr. Trump likes to say. And a wall of the sort the president covets would do little to deter drugs or criminals, most of which enter the country through legal crossing points.

As a legal matter, it’s unclear whether Mr. Trump has the authority to declare an official emergency as a means of diverting funds that would enable the military to build the wall; certainly, he would be challenged in court if he tried it. What is clear is that, as a policy matter, many crises are equally or more deserving of the attention, money and resolve Mr. Trump has focused on the wall.

Start with the opioid addiction epidemic, which the president did designate a national health emergency in the fall of 2017. Unfortunately, there has been limited follow-up from him or his administration since then. Even with more than 70,000 people dying in 2017 from drug overdoses, federal spending remains at levels far short of what experts say is required to fight addiction effectively.

What about fatal motor vehicle crashes, which, despite impressive progress in recent decades, claimed the lives of more than 37,000 people in 2017? That’s more than 100 deaths on average each day — more than twice the rate at which U.S. soldiers were killed during the Vietnam War’s bloodiest year, 1968. A similar number of people died in the United States as a result of firearms in 2016, about two-thirds of them involving suicide. Any other Western democracy would regard that as a bona fide emergency; Mr. Trump barely mentions it.

An excellent case could be made for declaring an emergency over Russian meddling in U.S. elections, the scale and scope of which is only gradually becoming clear. Climate change is a full-blown emergency whose threat to lives and property is poised to rise exponentially.

The right response to all these emergencies would be for Congress and the president together to shape policy responses — not to deny their existence, as Mr. Trump does with climate change, or use them for political gain, as he does with the border. The one emergency Mr. Trump fears is the threat he faces from his own base should it conclude his border-wall promise was a hoax. Thus has the president perverted the public debate and diverted the United States’ gaze from authentic dangers.

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

I could have spent all day posting about Trump’s bogus crisis, lies, etc. But, the above two posts really say about all you really need to know about the real facts about the border and Trump’s dishonest attempt to shift attention away from the real crisis he’s caused: The unnecessary and idiotic shutdown of essential Government functions from which it might take us years to recover, if ever! As pointed out by the Post, Trump’s dishonesty and incompetence undermines efforts to address the real problems faced by our nation. That’s going to take some “competence in government” — a feature completely absent from the Trump Administration which has encouraged and implemented “worst practices” at all levels.

I don’t know how we’re going to be able to recruit the “best and brightest” for our Career Civil Service in the future given the way they have been mistreated by Trump and the GOP.

And, Trump’s “kakistocracy,” is a shocking foretaste of what we’re in for in the future if we don’t get some basic competency, decency, and expertise back into our Government Service — at all levels, starting with the top.

PWS

01-09-19

 

JULIA EDWARDS AINSLEY @ NBC: Trump’s “Border Terrorist” Numbers Are Bogus! — Expect A Barrage Of Lies & White Nationalist Myths In His Scheduled TV Address!

https://www.nbcnews.com/politics/immigration/only-six-immigrants-terrorism-database-stopped-cbp-southern-border-first-n955861

Julia Ainsley

Julia reports:

By Julia Ainsley

U.S. Customs and Border Protection encountered only six immigrants at ports of entry on the U.S-Mexico border in the first half of fiscal year 2018 whose names were on a federal government list of known or suspected terrorists, according to CBP data provided to Congress in May 2018 and obtained by NBC News.

The low number contradicts statements by Trump administration officials, including White House press secretary Sarah Sanders, who said Friday that CBP stopped nearly 4,000 known or suspected terrorists from crossing the southern border in fiscal year 2018.

Secretary of Homeland Security Kirstjen Nielsen told reporters on Monday the exact number, which NBC News is first to report, was classified but that she was working on making it public. The data was the latest set on this topic provided to Congress. It is possible that the data was updated since that time, but not provided to Congress.

Overall, 41 people on the Terrorist Screening Database were encountered at the southern border from Oct. 1, 2017, to March 31, 2018, but 35 of them were U.S. citizens or lawful permanent residents. Six were classified as non-U.S. persons.

On the northern border, CBP stopped 91 people listed in the database, including 41 who were not American citizens or residents.

Border patrol agents, separate from CBP officers, stopped five immigrants from the database between legal ports of entry over the same time period, but it was unclear from the data which ones were stopped at the northern border versus the southern border.

The White House has used the 4,000 figure to make its case for building a wall on the southwest border and for closing the government until Congress funds it. They have also threatened to call a national emergency in order to get over $5 billion in funding for the wall.

The U.S. keeps databases of people it believes may have ties to terrorist networks based on their spending activities, travel patterns, family ties or other activities. It is not a list of people who could be criminally charged under terrorism statutes, and it is possible that someone could be stopped because they have the same name as a person on the list.

Thanks, Julia, for your timely reporting. As most readers probably know, the Washington Post and others recently have exposed what many of us knew all along: The DOJ intentionally used false and misleading numbers to support the racist, xenophobic narratives set forth by Sessions, Nielsen, Homan, and others! And, shamelessly, the DOJ refuses to withdraw its bogus reports!

Once we get real government back again, seems that the DOJ is a prime candidate for a thorough housecleaning! Integrity seems to have disappeared from the DOJ’s mission at all levels!

PWS

01-08-19

AZAM AHMED @ NY TIMES: PERVERSION OF JUSTICE: How Trump Aids Smugglers While Punishing Legitimate Asylum Seekers!

https://www.nytimes.com/2019/01/06/world/americas/mexico-migrants-smugglers.html

Ahmed reports:

REYNOSA, Mexico — As the human smugglers stalk the bus stations, migrant shelters and twisting streets of this Mexican border town, they have no trouble collecting clients like Julian Escobar Moreno.

The Honduran migrant arrived in Reynosa, Mexico, intending to apply for asylum in the United States. But new policies north of the border have instead driven him into the hands of the city’s smuggling cartels, whose business is booming.

“I honestly don’t want to cross illegally, but I don’t really have a choice,” said Mr. Moreno, 37.

The Trump administration, which has partially shut down the federal government in a fight over funding for an enhanced border wall, has adopted a number of strategies over the last two years to deter migrants and persuade them to turn around — or not to come at all.

Its latest effort is a policy that admits only a few asylum seekers a day, if that, at border crossings. As a result of this metering, migrants are now waiting on the Mexican side of the border for weeks and months before they can submit their applications.

In Reynosa and elsewhere, the delays caused by the policy are prompting many migrants to weigh the costs and dangers of a faster option: hiring a smuggler, at an increasingly costly rate, to sneak them into the United States.

In November, the number of migrant families apprehended attempting to cross the border skyrocketed to its highest levels on record, with some of those caught having turned to smugglers at some point in their trip.

“What we have seen is that no one is getting across the border,” said Hector Silva, the director of a center providing services to migrants that sits near the banks of the Rio Grande, which separates Reynosa from McAllen, Tex. “This forces families, with all the desperation they feel, to go illegally.”

The decision to endure a long wait or illegally expedite the journey to the United States is playing out not only in Reynosa, where the crack of gunfire has become a soundtrack of the city, but across the long sweep of the United States-Mexico border, all the way to Tijuana, where a crisis is unfolding as thousands of Central Americans wait their turn to cross the border.

A visit to a Reynosa migrant shelter quickly makes it clear how many are considering the smuggling option.

“I’m scared to go to the border crossing, because they will deport me,” said Maximo Rene Arana Nunez, a Guatemalan who arrived in Reynosa a few days ago and is looking to cross. “I’m stuck here until my family in the United States can save enough money to pay for a smuggler.”

According to those recently deported, migrants who are attempting to cross and local officials, the price that smugglers can command is rising along with the demand for their services.

For those able to afford it, and willing to accept the risk, finding smugglers in Reynosa is easy. The streets seethe with smuggling cartel agents, who openly pitch their services.

The dangers of an illegal crossing are not enough to dissuade migrants. They are fearful, but many feel they have no other recourse. For many, the calculation is predicated on a simple truth: What lies behind them is worse than what may lie ahead.

“I don’t have an option, I can’t be there,” Mr. Moreno said of his native Honduras. “Our government is totally corrupt, and if the Mexicans or Americans deport me, I’m dead.”

Mr. Moreno now works 12-hour shifts on the outskirts of the city, trying to save enough to pay for a smuggler.

For other migrants in the shelter, the equation was not necessarily of life or death, but of exchanging well-known hardship for vaguer hope.

“Look, we know what the situation is in our country,” said Osman Noe Guillén, 28, who reached Reynosa with his partner shortly after their marriage, having treated the ride on the buses up from Honduras as something of a honeymoon. “We don’t know what will happen when we cross.”

Mr. Guillén gripped the hand of his wife, Lilian Marlene Menéndez, and allowed himself a smile. Blind faith and economic need were enough for them. They did not know how grim and dangerous Reynosa was before they arrived, only that it was the closest crossing from Honduras and therefore the cheapest to reach.

Yes, they had heard the angry rhetoric about migrants coming out of the United States, they said, and knew about the deportations and long waits at the border. But they didn’t care.

“Desperation makes you do crazy things,” Mr. Guillén said. “I don’t think anything would stop me. And certainly not a wall.”

The couple, having priced out the next leg of the journey with local smugglers, said they had accepted the risks of continuing. The smugglers, or polleros, are known to kill or strand migrants who falter in their payments, and to extort those who have families that can mortgage homes or drum up more money.

In recent days, the couple was quoted a price of $7,000 apiece just to make it to the banks on the Texas side of the river.

That appears to be on the higher end; many Central Americans recently have been quoted $5,500 to be ferried to reach the other side of the river. Not long ago, $4,000 was the going rate.

Some of the migrants interviewed who were planning to try the smuggling route said they still intended to apply for asylum if and when they made it to the United States.

While the United States’ revised policy toward asylum seekers is primarily aimed at dissuading Central American migrants from making the trip to the border, it is also affecting Mexican policy and the lives of Mexicans in border cities.

The mayor of Reynosa, Maki Esther Ortiz Dominguez, noted that her city, in the state of Tamaulipas, was already one of the most dangerous in Mexico. She said she is worried the situation in Reynosa could grow even worse, as migrants are either preyed upon by criminals or recruited to join their ranks.

“This policy could at any moment detonate a new crime wave here,” Ms. Ortiz Dominguez said.

In the center of the bridge that connects Reynosa with McAllen, the United States Border Patrol this summer constructed a new booth for prescreening people hoping to make it into American territory. At least two officers are on duty in the tiny structure, asking everyone who passes for their documentation.

More recently, Mexican officials have begun acting as a first line of border defense. As people queue up to cross the bridge, Mexican agents are now pulling Central Americans out of the line, demanding their paperwork and detaining them if they have not filled out the proper documentation.

Some have languished for months waiting for family members to send money to pay the fee for the paperwork.

The new approach by Mexican agents at the border was begun under pressure from the United States, said one Mexican official in Reynosa, requesting anonymity because this person was not authorized to discuss the decision publicly.

It was this new approach by the authorities in Mexico that ensnared Mr. Moreno.

Having been run out of Honduras by the notorious 18th Street gang for refusing to work for them, he believed he had a good case for political asylum in the United States and went to the bridge in Reynosa so he could start the application process.

But moments after arriving with his pregnant wife and three children at the foot of the international bridge, he and his family were stopped by Mexican officials and detained.

A few months ago, Mr. Moreno’s lack of proper paperwork would have been ignored by the Mexican authorities, according to local officials and immigration lawyers. But Mr. Moreno was held in a cell for 20 days and his family was placed in a temporary shelter.

The lure of the smugglers in Reynosa is not limited to Central Americans. Mexicans, too, employ their services, although the cost is lower — the prices charged seem to depend on just how bad the situation is in a migrant’s home country.

On a recent day in a migration office in Reynosa, a group of Mexicans sat waiting to be processed after their deportations from the United States.

“For the migration authorities, it is a job,” said Melvin Gómez, 18, who is from the Mexican state of Chiapas. “For Mexicans and Central Americans, immigration is a dream.”

Mr. Gómez had just tried crossing for the fourth time the day before.

“We have something to live for,” he said, “and that keeps us going.”

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

Trump, Sessions, & Nielsen have helped empower criminal gangs in the U.S. and the Northern Triangle with their clueless and racist-driven enforcement policies. Now they are handing out similar benefits to smugglers and human traffickers. And, in both instances, the Trumpsters have discouraged those actually trying to help law enforcement and/or comply with the law.

Yes, our immigration system needs changes. But, the only “immigration emergency” right now is that intentionally manufactured by Trump and his gang of White Nationalist incompetents. Don’t let them get away with their fraud, waste, and abuse!

PWS

01-08-19