"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
Three principles are at the core of Andy’s article:
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International Obligations and Refugee Protection
Key international obligations regarding refugees also play a crucial role in shaping the discourse. The United States, as a signatory to the 1967 Protocol to the United Nations Convention relating to the Status of Refugees, is bound by several obligations, including:
Non-refoulement: Prohibiting the return of refugees to countries where they would face persecution or harm based on their race, religion, nationality, political opinion, or membership in a particular social group.
Access to asylum procedures: Ensuring a fair and accessible process for individuals to seek asylum and present their claims for protection.
Non-discrimination: Preventing discrimination against refugees based on factors such as nationality or place of entry.
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Read the complete article at the link!
I think that the U.S. is in violation of all three of these essential, mandatory legal obligations.
Gimmicks like Title 42, “Remain in Mexico,” coercive detention, “CBP One,” and artificial roadblocks for those applying between ports of entry have violated and continue to violate our “non-refoulment” obligation.
These provisions, along with conducting interviews in detention settings, improperly limiting access to representation, and “expedited dockets” to limit the ability to prepare and present claims are examples of violations of our obligation to provide “fair access” to our asylum system.
And, by intentionally designing our system to discourage and deny applicants of color from the Western Hemisphere, Africa, and Muslim nations, and imposing illegal higher burdens on those not applying at ports of entry, we clearly are violating the “non-discrimination” requirement.
The GOP answer is simply to double down on the violations and abrogate our domestic and international obligations. While the Biden Administration at least nominally acknowledges these obligations, their actions and policies, some actually carried over or borrowed from the Trump Administration, blatantly undermine these principles of protection.
Indeed, the whole “movement” by both parties to use the refugee/asylum system for “rejection and deterrence” rather than “enhanced protection” is a “bipartisan legal and moral travesty!”
What if our “number one priority” was what it should be: Establish a world-class, expert, efficient, robust, generous system that is driven by, and true to, these three governing obligations?
Only after achieving that can we discuss and achieve “border security” in a realistic and effective manner! And, it couldn’t possibly be more expensive, in both fiscal terms and human lives cost, than decades of costly failed deterrence gimmicks and schemes! It’s a case of badly screwed up priorities aggravated by political cowardice!
Institutionalized cruelty, deterrence, and unlawful behavior by our Government has failed to create order at the border and has demonstrably destroyed or diminished human lives. Why not give adherence to laws and to humanitarian values and principles a chance?🤯
We can diminish ourselves as a nation, but it won’t stop human migration!
Paul, the holiday season is a time filled with joy, festivities, and yes, perhaps even a few challenging political discussions at the dinner table.
Most of us can relate to that moment when someone decides to bring up a political topic just as the turkey is being carved, or right before dessert. Our country is undeniably divided, and sometimes these divisive conversations can even make their way into our family gatherings.
The NILC-IJF team is committed to equipping you with the tools and information you may need to navigate tough conversations on immigration this holiday season.
Here are a few quick facts to keep in your back pocket:
When someone mentions the so-called “border crisis”…
There is not a “border crisis,” but rather a humanitarian crisis at our border.
This humanitarian crisis has worsened over the years because of an overwhelming backlog of cases, resources not being funneled to lawful and humane processing, and harmful policy choices, such as the implementation of the Title 42 expulsion order. These choices have decimated our asylum system, making it almost impossible for people fleeing violence and seeking safety to access their legal right to seek asylum.
When someone starts talking about DACA…
DACA recipients contribute so much to our communities — they are students, teachers, nurses, doctors, and loved ones who have lived in the U.S. for most of their lives.
Year after year, in poll after poll, a majority of Americans across party lines support Congress passing a pathway to citizenship for immigrant youth.
In fact, a survey from Pew Research Center found that 74% of Americans support a law that would provide permanent legal status for immigrant youth.
When someone mentions taxes or the economy…
Undocumented immigrants pay billions of dollars in federal, state, and local taxes nationwide (Source: Internal Revenue Service).
Immigrants play a crucial role in contributing to the U.S. economy, starting businesses, creating jobs, and driving innovation.
According to the National Bureau of Economic Research, immigrants were responsible for over half of the U.S. startup companies valued at $1 billion or more in 2020.
Engaging in difficult political conversations with family and friends is a crucial step in advocating for immigrants’ rights. Sometimes, it only takes one conversation to make a difference, while other times, it may take many more. But each conversation contributes to building a more informed and compassionate society.
Thank you for taking the time to read through the quick facts we shared above, and we hope they are helpful if someone brings up immigration this holiday season.
Paid for by NILC Immigrant Justice Fund, immigrantjusticefund.org, not authorized by any candidate or candidate’s committee.
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Yes, I know that the “rule of thumb” is to avoid politics, religion, and other potentially divisive topics at the Thanksgiving table. But, not everybody follows the rules. So, it’s always prudent to be prepared.
We can’t give up on advancing and advocating for truth, hope, and humanity over myths, fear, loathing, and misunderstanding! In that respect, this more hopeful article by local columnist Courtland Milloy in today’s WashPost illustrates how a diverse group of his “Gen Z” students are embracing rational dialogue and problem solving to build a better future! https://www.washingtonpost.com/dc-md-va/2023/11/21/courtland-milloy-northern-virginia-community-college/. Courtland observes:
Having access to a supportive community college such as NOVA, where an international student body tends to coalesce around a common struggle to make it against the odds, added to the students’ sense of optimism about their future.
Immigration, of all types, can and should be a source of optimism and dynamism for the future! But, it won’t happen unless we are willing to take on the myths and naysayers head-on with truth and reality!
I have spent my life serving our community by trying to create a more just, equitable and inclusive world. From my work as a judge striving to give everyone an equal opportunity for justice, to my work as a law professor training the next generation of legal minds, to my work as a local Democratic Party leader helping to elect progressive candidates, I have always answered the call to serve.
I am Cecelia Espenoza, and I am thrilled to announce that I have officially filed to represent North and West Denver in the Colorado State House!
I have seen the amazing results when the community works together to make a difference. My parents were migrant farmworkers who became small business owners. My father became a community icon as the first licensed Mexican-American barber. He created a space for all in our community to gather and enjoy life, even when things were hard. I promise that I will work to unite our community toward our shared goals and values: fairness, equality, and progress for all.
We face so many issues in Colorado that make it harder for people to thrive. Our rent and housing costs have skyrocketed, leaving many of us without a safe and secure place to live. Our wages have not kept up with the spike in the cost-of-living. Too many of us lack access to affordable healthcare; adequate food; or the ability to pay down student loans. All of this while right-wing politicians try to undermine basic rights around reproductive healthcare, the LGBTQIA community, and access to the ballot box.
I’m running because the voters of House District 4 deserve a representative who will work to serve them and address issues, not serve themselves by posturing on social media and seeking the limelight. The real problems our community faces like gun-violence, housing costs, climate change, educational inequity, racism, and healthcare access demand a clear, mature, and reasoned look at changing policy. I promise that I will be a representative who puts the people of our community first.
I am proud of my record of getting things done to help others. I am proud to be a Democrat and to have helped so many other great candidates achieve success throughout my life. Now I need your help as an inaugural member of my team.
If there are any questions that aren’t answered by my website, or if you just want to grab a cup of coffee, you can call or text my cell phone at 703-989-9261 or email me at cecelia@cecelia4colorado.com
Gate at Dachau Creative Commons Trump and his White Nationalist supporters have a grim, dark vision of America’s future! Will this be the end of our democracy?
Christian nationalism is a grave threat to the United States and the American republic. There should be no ambiguity or dullness when it comes to understanding what it is — no matter how benign it may present itself. It is what lurks beyond the veneer that is terrifying. There, the evil is revealed and manifested.
The dogma is a perversion of Christ’s teachings that is antithetical to Christianity. More importantly, Christian nationalism is utterly opposed to democracy. Theocrats despise the United States. God‘s laws are beyond the reach of the American state, and Christianity is but one religion in the beautiful mosaic of American faith. It should always be noted that 600 generations of humans worshipped freely on the North American continent before the first European Christians came and killed them.
The US Constitution is the law of the land in the United States. Within it are the protections that safeguard our liberty. The freedoms of speech, dissent, conscience, worship and expression shall stand untroubled for as long as the great republic endures. We are within one calendar year of its possible end. We have arrived at a moment of grave crisis that cannot be ignored. The abyss that looked distant seven years ago is at hand.
Christian nationalism is incompatible with American democracy and pluralism. When political extremists take power in the name of God there is always death. Always.
I was pleased to participate in “American Theocracy: The Rise of Christian Nationalism,” a documentary released in January 2023. Please watch this clip below. I have shared it before, but the fire keeps building.
The separation of church and state and religious freedom are profoundly important foundational achievements of the American republic. The extremists who seek power in God’s name are not benign men and women. They won’t be deterred by setbacks in Ohio and other places. They are on the march, and they are demanding power whether it is handed to them or not.
I want you to read these words from yesterday’s The New York Times that make clear Donald Trump’s plans:
Former President Donald J. Trump is planning an extreme expansion of his first-term crackdown on immigration if he returns to power in 2025 — including preparing to round up undocumented people already in the United States on a vast scale and detain them in sprawling camps while they wait to be expelled.
The plans would sharply restrict both legal and illegal immigration in a multitude of ways.
Mr. Trump wants to revive his first-term border policies, including banning entry by people from certain Muslim-majority nations and reimposing a Covid 19-era policy of refusing asylum claims — though this time he would base that refusal on assertions that migrants carry other infectious diseases like tuberculosis.
He plans to scour the country for unauthorized immigrants and deport people by the millions per year.
To help speed mass deportations, Mr. Trump is preparing an enormous expansion of a form of removal that does not require due process hearings. To help Immigration and Customs Enforcement carry out sweeping raids, he plans to reassign other federal agents and deputize local police officers and National Guard soldiers voluntarily contributed by Republican-run states.
Let’s call these giant detention and deportation camps what they are intended to be. These are concentration camps. Specifically, they are to be American concentration camps. Dachau was the Nazis’ first camp in Germany.
What will the first American camp look like? There will no doubt be a first, and it will likely be the first to house the political prisoners rounded up under Trump’s invocation of the Insurrection Act. He has promised to invoke it at the instant he returns to power.
Please understand this: Trump is announcing his intentions. He means it. He is surrounded by scores of “little Eichmanns” ready to help him achieve his aims. He should be taken literally and seriously at all times.
The Speaker of the House of Representatives Mike Johnson is second in line to the presidency. He rejects the greatest American idea in history, which is the separation of church and state. The greatest American invention — the peaceful transition of power — is utterly dependent on the separation of church and state in this country.
Johnson denied the 2020 election results, lied about the election results, created the conditions for the insurrection of January 6th, voted to disenfranchise millions of Black votes after the insurrection and continues to insist Trump won the election, despite the claim being a combination of fraud, malice and weapons-grade nuttery. The hostility to democracy is deeply rooted within his religious fanaticism, which is unique amongst the various strains of fanatical faith that have always found a home in America because of our nation’s unique faith protections.
We have churches where people pick up rattlesnakes and kiss them to prove they are protected by God. Proof of sin is a bite to the face and a painful death. Bo and Peep of Heaven’s Gate convinced their followers that they were headed to the Hale-Bopp comet, and Jim Jones took his flock to doom in Guyana. There are cults and fundamentalists all over America, but there is only one strain that wants to control your life by controlling the powers of the state to administer God’s law. They are the American Taliban.
Mike Johnson has invented his own distorted version of history as if the events of the late 1780s-90s occurred 6,000 years ago.
The American Constitution is clear about the founders’ intentions and their descendants’ actions to preserve and expand those intentions. There is no room for theocracy in the American system. It was rejected at hour one. The desire to impose it on all of us by a man who believes people and dinosaurs co-existed at the beginning of time 6,000 years ago is never going to happen…or is it?
The most important thing to understand about theocrats is that they view political power as being mandated by God. In fact, many fanatics across America believe Donald Trump has been sent by him, and his opponents are demonically-inspired.
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We can’t ignore the very real threat that Trump and his GOP followers present to our democracy. Now is NOT the time for Democrats and independents to “go soft” on human rights and immigrants’ rights!
While not highlighted by Steve Schmidt (no relation) the NYT quote above, one of Trump’s initiatives will be to instruct Administration officials to violate the 14th Amendment by denying citizenship to those born in the U.S. based on their parents’ status! USG officials must take an oath to uphold the Constitution, but apparently Trump just plans to summarily fire any public servant who will not submit to his unconstitutional plan!
Those considering abandoning Biden because of his support for Israel should recognize the alternative — a rabidly anti-Muslim authoritarian bigot (who, ironically, has also been soft on those expressing anti-semitism and other purveyors of hate) who would happily try to punish them just for existing! See e.g.,https://www.huffpost.com/entry/biden-gaza-israel-policy-trump-contrast_n_654eb574e4b0c9f246602f16.
It’s worth remembering that one of the first actions of Hitler’s Third Reich was to strip Jews of their German citizenship, a move that the complicit German judiciary approved and enthusiastically implemented! Who would have thought that nearly 90 years later, we would have a major American political party in thrall to a self-proclaimed fascist demagogue!
Democrats have big night as abortion rights take center stage. Here are takeaways from Tuesday’s elections
From CNN’s Gregory Krieg
For all the sound and fury around Tuesday’s elections, there was one clear signal: Abortion rights are politically popular, no matter where or when they are on the ballot.
And that, no matter how you slice it, is good news for Democrats as the parties plot their strategies ahead of the 2024 elections.
Gov. Glenn Youngkin – the Virginia Republican who believed he could crack one of the most intractable issues in American politics with the promise of “reasonable” abortion restrictions – will not lead a GOP-controlled legislature in the Commonwealth, which denied the party control of the state Senate and put a swift end to both his plan for a 15-week abortion ban and rumors he might pursue a 2024 presidential bid.
Meanwhile, voters in Ohio decisively said they wanted a constitutionally protected right to abortion with the passage of a ballot measure – only a few months after they rejected another measure that would have made it harder for them to shield abortion rights.
And in Kentucky, the Democratic governor defeated his Republican challenger, a state attorney general with close ties to former President Donald Trump and Senate Minority Leader Mitch McConnell, after a campaign in which abortion became a flashpoint.
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Read the full article at the link.
Thankfully, VA’s right-wing extremist Gov. Glenn “Junkman” Youngkin’s vile plans for limiting women’s rights, further bullying the LGBTQ+ community, and continuing to “dumb down” public education in the Commonwealth just took a big, timely, well-deserved hit!His “stealth campaign” to disguise and present himself as a “jollier version of Trumpist extremism” in a future presidential run also suffered a setback!
If only the GOP showed a fraction of the concern they supposedly have for human lives for those children already born into poverty and hopelessness, as well as those arriving at our borders in flight from horrific conditions in their native countries! GOP right wing politicos have opposed or dismantled a number of government programs and initiatives shown to have effectively reduced childhood poverty in the U.S. Talk about screwed up priorities!
If Pima County can effectively handle a migrant surge, why is it so hard for Congress?
Opinion: If Congress weren’t so dysfunctional, it would see where and how many resources are needed to effectively manage immigrants and the border.
Gregory Chen opinion contributor
It’s hard to imagine any American having faith in government — or its ability to solve a complex problem like immigration — when Congress can barely pass a temporary spending bill without getting mired in controversial issues like border security and coming dangerously close to shutting down the government.
Fortunately, dysfunction is not the story in every part of the country.
While Congress is pointing fingers on immigration, small towns and cities throughout the country are doing the hard work of managing migrants arriving at the U.S. southern border.
I recently visited Arizona with a delegation of immigration attorneys and policy experts and saw the work by government officials, social workers and health care professionals up close.
Every day, federal Customs and Border Protection (CBP) agents take recent arrivals to a church-affiliated shelter in Tucson, which does COVID-19 and other health screenings, provides a hot meal, and finds short-term local shelter, busing or other transportation in a matter of days or hours.
Remarkably, even with increased numbers of people coming into Pima County, the coalition of county administrators and nonprofits has found temporary housing and transport for everyone and avoided having people end up on the streets.
The local collaboration, supported by federal emergency funding, is a model for how migration at the border can be managed effectively.
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Read Greg’s complete article at the link. It’s largely what I’ve been saying all along. Although far from perfect (what is perfect these days?), the current law could be made to work if there were the political will to do so.
The GOP’s unrelenting racism, xenophobia, dehumanization, and “doubling down” on failed deterrence and punishment “strategies” are guaranteed to make things worse. Dems need to stand tall for solving the humanitarian issues at Southern Border in a humane, legal, and practical manner, using the tools available under current law!
It can be done! We just need the political will (and political pressure) to make it happen. It’s not rocket science!🚀
Many Americans today worry that our nation is losing its national identity. Yet the core of that identity is not the whiteness of our skin or our religion or our ethnicity.
It is the ideals we share, the good we hold in common.
That common good is a set of shared commitments. To the rule of law. To democracy. To tolerance of our differences. To equal political rights and equal opportunity. To participating in our civic life. To sacrificing for the ideals we hold in common. To upholding the truth.
We cannot have a functioning society without these shared commitments. Without a shared sense of common good, there can be no “we” to begin with.
If we are losing our national identity, it is because we are losing our sense of the common good. This is what must be restored.
As I’ve argued in these essays, recovering our common good depends on several things:
It depends on establishing a new ethic of leadership based on trusteeship. Leaders must be judged not by whether they score a “win” for their side, but whether they strengthen democratic institutions and increase public trust.
It depends on honoring those who have invested in the common good, and holding accountable those who have exploited it for their own selfish ends.
It requires that we understand — and educate our children about — what we owe one another as members of the same society. Instead of focusing solely on the rights of citizenship, we need also to focus on the duties of citizenship.
And it requires a renewed commitment to truth.
Some of you may feel such a quest to be hopeless. The era we are living in offers too many illustrations of greed, narcissism, brutality, and hatefulness.
I, however, firmly believe this quest is not hopeless.
Almost every day, I witness or hear of the compassion and generosity of ordinary Americans. Their actions rarely make headlines, but they constitute much of our daily life together.
The challenge is to turn all this into a new public spiritedness extending to the highest reaches in the land — a public morality that strengthens our democracy, makes our economy work for everyone, and revives trust in the major institutions of the nation.
The moral fiber of our society has been weakened but it has not been destroyed.
We can recover the rule of law and preserve our democratic institutions by taking a more active role in politics.
We can fight against all forms of bigotry. We can strengthen the bonds that connect us to one another by reaching out to one another. We can help resurrect civility by acting more civilly toward those with whom we disagree.
We can protect the truth by using facts and logic to combat lies.
We can help restore the common good by striving for it and showing others it’s worth the effort.
We have never been a perfect union. Our finest moments have been when we sought to live up to our shared ideals.
I worked for Robert F. Kennedy a half-century ago when the common good was better understood. Resurrecting it may take another half-century, or more.
But as the theologian Reinhold Niebuhr once said, “Nothing that is worth doing can be achieved in our lifetime; therefore we must be saved by hope. Nothing which is true or beautiful or good makes complete sense in any immediate context of history.”
Thank you for joining me on this journey. I hope you’ve found these essays useful and even on occasion inspiring. I hope you’ll join me in carrying forward the fight for the common good.
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Kelly Bouchard Staff Writer Portland Press Herald PHOTO: Linkedin
Despite the uncertainty, resettlement agencies in Maine are pushing ahead, preparing to welcome as many refugees as possible. To increase their chances of finding affordable apartments, they’re building a network of landlords willing to rent to newcomers and expanding resettlement efforts beyond Greater Portland, Lewiston-Auburn and Augusta-Waterville to Bangor and Brunswick, Ouattara said.
“We can settle people within 100 miles of Lewiston-Auburn,” said Rilwan Osman, executive director of Maine Immigrant & Refugee Services in Lewiston. “We have settled some families in Augusta, and we are exploring other communities.”
The State Refugee Advisory Council held four quarterly meetings last year to connect and support various community representatives in government, public safety, schools, social services and health care, Ouattara said.
“There are resources that are available from the federal government to assist communities that accept refugees,” he said.
At least half of the new arrivals last year had family ties in Maine, Ouattara said, while the other half were “free cases” that could be resettled more widely in the state but would require more support from agency staff. Transportation continues to be a challenge for many newcomers.
“The public transit system in Maine is still in development, so that can be isolating in some communities,” he said.
Helping refugees find jobs is a top priority for resettlement agencies, which provide financial assistance and case management support for up to 90 days after arrival and limited case management and employment services for up to 60 months.
“All the refugees that are coming have permission to work as soon as they are able,” Osman said. “Some have English skills, some don’t. If they have the necessary language skills, they can at least start entry-level work within 90 days.”
One refugee who is eager to get to work is Ahmed, a recent arrival from Somalia who also declined to give his last name. Ahmed, 58, attended a cultural orientation session Wednesday at the JCA. Through an interpreter, Ahmed said he has been reunited with his wife and six children after being separated from them for 21 years.
He also said he wants to be a good citizen and a taxpayer.
“I’m so grateful to be here,” he said. “My dream is to settle in and get work at a job in my skill range. I am a welder and I would like to work in the same industry.”
Staff Photographer Brianna Soukup contributed to this report.
“America is a beautiful country and has a lot to offer the world and the people who come here, and so does Portland,” said Ali, who came to the United States from Ghana more than two decades ago.
Portland’s five mayoral candidates may be more aligned on this issue than any other. They all fundamentally see asylum seekers as an asset to the city, and they all want to see the wait time before they can work made much shorter. They all also feel a little bit helpless.
For years, Portland has welcomed these immigrants, who often undertake dangerous journeys to get here and then go through an arduous, sometimes yearslong process to get visas and work authorization.
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Zarro said that if it should turn out to be too big a legal risk to offer asylum seekers paid work before they got federal work authorization, he would like to build a more robust job training program so they would be ready to start work in local businesses as soon as their work authorization comes though.
“We have people who are coming here to better their lives and to better their communities. Maine stands to benefit significantly,” he said.
All the candidates also are keenly aware that Portland is in need of more young workers.
“We’re an aging state without enough people to fill the workforce,” Costa said.
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Austin Kocher, Ph.D. Research Assistant Professor TRAC-Syracuse PHOTO: Syracuse U.
Abstract of Austin Kocher, PhD’s article “Welcoming the stranger in Trump’s America: Notes on the everyday processes of constructing and enduring sanctuary:”
Geographers have begun to explore the concept of ‘immigrant welcome’ as a framework for understanding the tension between spontaneous social support for immigrants and refugees and their subsequent restriction and criminalization by states. Overlooked in the emerging discourse on immigrant welcome is the rich literature in feminist geography that views the everyday practices of endurance, care and social reproduction as essential to, but often hidden within, more traditional, political and economic analyses of power. By focusing on the everyday practices of welcome within sanctuary church activism, I argue for more attention to the energy-intense work that is often excluded from official media and academic accounts, yet which is essential to understanding what makes welcome function or fail. I draw upon one in-depth case study of a sanctuary church in Ohio, where a woman has been living for a year and a half in public defiance of her deportation order. In addition to contextualizing this specific case within the broader policy and immigrant rights landscape, I focus on the spatial, material and relational processes that participants implemented to construct a ‘welcoming’ environment as well as observe the ways in which welcome fails to live up to its imagined potential. The case study provides important grounded insights into the material, relational and emotional processes of enduring sanctuary as a form of resistance to the US deportation regime and enduring sanctuary itself as an intensive socio-spatial form of existence.
Read more about each of these inspiring efforts at the respective links above.
Compare what could be if folks put aside hate and worked together to solve human problems with the pathetic, totally selfish, inept, inane, yet existentially dangerous, “Clown Show” 🤡 in the GOP House Conference egged on by their “leader” — congenital liar, bully, insurrectionist buffoon, and criminal defendant Donald Trump.🤮
What’s missing is more dynamic, courageous, truth-based national leadership on immigration and human rights issues from Dems (although, to be fair, the bipartisan Maine delegation — and many Maine Republicans — appear to “get it”)! But, fortunately, that void hasn’t stopped members of the NDPA from “soldiering on” for the commn good and a better America!
A life saved is a life saved! Sometimes, we just have to focus on the daily victories we can achieve!
The fact remains that the U.S. government spent a lot of money to build new barriers to keep migrants out and did not get the result it wanted.
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Trump used a lot of hyperbole to promote his pet project and was prone to describe the barrier as the personification of his presidency. He took a keen interest in its aesthetic appearance and design features, often urging aides to make it look as imposing as possible. He told supporters his wall would be “impenetrable.” He also said Mexico would pay for it (Mexico did not).
U.S. Customs and Border Protection officials didn’t make such claims and weren’t surprised when criminal smuggling organizations in Mexico began sawing through the steel bars — using ordinary power tools — almost immediately.
The border wall has been hacked through thousands of times since then, so often that the government has had to deploy welding crews full-time to shore up the structural integrity of the barrier. Smugglers have figured out a cheaper and even easier way to defeat it, fashioning cheap, disposable ladders out of scrap wood or metal rebar. They send migrants and drug couriers up and over the top, then use ropes to lower them down the other side. Experienced fence-jumpers have developed a technique using the steel bars like fire poles, sliding down onto the U.S. side in seconds.
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Dozens of migrants have been killed and hospitalized after falling from the structure, often with horrific spinal trauma and broken legs. Immigrant advocates also say the barriers force migrants toward more remote desert areas, contributing to more deaths from heat stroke and exposure. CBP reported 568 migrant deaths along the border during the 2021 fiscal year, the most recent for which data is available — nearly twice the amount of the previous year.
The border wall has a devastating toll on animals too, advocates say. The steel bars have essentially cut in half the habitat of animal species, in some cases cutting off their access to water and grazing areas. Trail cameras set up by researchers have shown pumas, bobcats and other large mammals blocked and searching fruitlessly for some way to get through.
The expensive futility of the wall and border barriers might pale in comparison with the human damage to both migrants and our nation’s soul, according to this interview with border physicians by Melissa Del Bosque in The Border Chronicle:
Melissa Del Bosque Border Reporter PHOTO: Melissadelbosque.com
Dr. Brian Elmore is an emergency-medicine resident physician in El Paso, Texas. He’s also the cofounder of Clínica Hope, a free clinic for migrants in Ciudad Juárez, Mexico, which he runs with the nonprofit Hope Border Institute. Elmore frequently treats patients who have been injured by razor wire or fallen from the border wall that divides El Paso and Ciudad Juárez. He’s coined a term for these injuries: political pathologies. “These are normally healthy people, most of them young, who have been injured because of political decisions made thousands of miles away,” he says. “These are the political repercussions of the border.”
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That’s interesting that you use this term political pathologies. Is that a term you coined yourself?
It’s what I’ve started calling these injuries that otherwise healthy folks are receiving. These are mostly young people in their 20s, 30s, and sometimes kids, who out of sheer desperation decided to climb the wall or cross the river or desert. Other than for decisions that politicians made thousands of miles away to fortify the border, and make it as dangerous to cross as possible, they wouldn’t have these injuries. It’s really tragic.
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I’ve treated quite a few border wall falls. I’ve become used to this. But last week, I had a child who came in with multiple lacerations from barbed wire. She came in with her family, and they were all cut up from barbed wire. It’s jarring to see this, especially when it’s a kid, who’s innocent and has no idea what’s going on.
I started talking to the dad, and he told me they were from Venezuela. He said they’d heard a rumor in Ciudad Juárez that officials were letting Venezuelans cross outside of ports of entry. So a huge crowd showed up to present themselves to U.S. border officials [and ask for asylum]. Everyone became frustrated and irritated when they discovered that it wasn’t true.
And this family were pressed up against the barbed wire by the crowd, and they couldn’t go back. The only way for them to move was forward. So they started crawling under the barbed wire. This is the mother, father, the child, who is about 10, and an infant.
So, I’m stitching them up, making small talk because sewing up lacerations takes time and you’re face-to-face, and I’m talking to the dad and he lifts his shirt, and I see that he has a thoracotomy scar. When you perform a thoracotomy, it’s a last-ditch Hail Mary effort to save somebody’s life. The majority die after a thoracotomy. It’s when you crack open a chest because there’s either aortic bleeding or a penetrating injury to the heart. He told me he’d been stabbed and robbed in Caracas. And it was stunning to see his scar and to know that he’d survived. And the thing is, this is the second thoracotomy scar I’ve seen on a Venezuelan patient I’ve treated. This really reinforced for me the constant levels of violence people are facing. I feel like Americans have very little context for what’s going on in that country and how desperate things are there.
. . . .
There’s a very characteristic injury. It’s called a pilon fracture. It’s a lower-extremity kind of ankle fracture, very debilitating. And it’s often associated with a lumbar spinal fracture. Sometimes the bone has broken through the flesh and may require surgery. A lot of times they’ll be fitted with a device that keeps the bone in place while the swelling goes down, so they can get surgery. They’re then discharged to a migrant shelter in town while they wait for surgery.
. . . .
You see on the news, all these headlines, “migration crisis” and “invasion.” And that’s not what people in El Paso are experiencing or how they’re responding to it. They’re responding to the humanitarian crisis with compassion. You see people at shelters volunteering their time, offering to cook, and giving donations. I think the people of El Paso are amazing in the way they’ve responded. As opposed to how the rest of the country is just totally freaking out. I think El Paso is the most inspiring place to be and to practice.
*********************
You can read the full articles (and listen to Nick’s) at the above links.
Just think what could happen if we stopped “doubling down on failure,” eschewed dehumanizing treatment of asylum seekers, and devoted some of the time, money, and effort we spend on dehumanization, militarization, and deterrence to building better systems for fairly and timely screening, identifying, and resettling refugees.
“Pie in the sky?” Hardly! Undoubtedly, these measures could be carried out far less expensively than further, ultimately fruitless, border militarization and enhanced cruelty being pushed by the GOP and some Dems. And, they would be more effective in bringing “law and order” to the border and our overall legal system.
Fanned by alarmist narratives being spread by folks like Adams and Hochul (no, Governor, 8 billion people aren’t going to descend on your state — in fact, the U.S. has a “refugee/1,000 population ratio” far below that of many smaller, much poorer countries), and the mainstream media’s insatiable need for a “trumped-up invasion narrative” to create headlines and sound bites, I suspect that the Administration and Dem politicos might be prepared to “throw asylum seekers under the bus” to reach an agreement with the GOP to keep the Government open. After all, asylum seekers don’t vote, and their advocates have historically been good “team players” who go to bat for the Dem Party despite having their contributions, energy, and ideas consistently undervalued, even dissed, once elections are over.
Don’t do it Dems!Giving in to the righty nativists will NOT solve anything, nor will abandoning values help you in the next election! Indeed, the Administration could set more “world records” for exclusions, deportations, denials, imprisonments, wall-building, enforcement hiring, “rocket dockets,” and the GOP would still spout the same “open borders” myth, and the media would give it equal, or greater, time. They largely ignore HRF and other experts who actually understand the border, migration, and have practical, humane, if less inflammatory or drastic, solutions to offer.
The mainstream media seems to have endless time for folks like Trump, Gaetz, Jordan, Haley, Ramaswamy, etc., who have little to contribute to solving pressing national problems. Why aren’t they talking to the folks who understand migration, asylum seekers, the border, and the legal framework? Why aren’t they “headlining” and publicizing reasonable, humane, values-based solutions rather than promoting narratives of doom, hopelessness, and expensive, often illegal, cruelty as the only “solutions?” There actually have been some bipartisan proposals for addressing the border while respecting and even enhancing the rights of asylum seekers. See, e.g.,https://immigrationcourtside.com/2023/02/14/🇺🇸courtside-politics-rep-hillary-scholten-d-mi-is-part-of-a-bipartisan-group-of-new-house-members-reaching-across-the-aisle-in-an-attempt-to-govern-for-the-public-good/. But, you sure wouldn’t know it from listening to the so-called “mainstreamers!”
Here’s another fascinating thing. Humane, sensible, legally compliant, cost effective solutions to migration issues proposed by experts, many of whom are immersed in the reality on a daily basis, are often dismissed, if even mentioned, as “impractical,” “unrealistic,” “idealistic,” “costly.” On the other hand, when politicos, think tankers, reporters, commenters, profiteers, many largely removed from the human trauma of the border situation, present costly, proven to fail, draconian, often illegal measures directed against asylum seekers, the same prejorative, dismissive terms are seldom used.
Indeed, the worse, crueler, and more hare-brained a scheme is, the more likely it is to be mischaracterized as a “realistic response” to a hyped-up emergency! Somehow, wanton cruelty and end-running legal obligations are packaged as a “practical necessities,” while creative ideas on how to solve problems and make the current laws work are summarily brushed aside, often without meaningful analysis and discussion.
When Carolina’s captors arrived at dawn to pull her out of the stash house in the Mexican border city of Reynosa in late May, she thought they were going to force her to call her family in Venezuela again to beg them to pay $2,000 ransom.
Instead, one of the men shoved her onto a broken-down bus parked outside and raped her, she told Reuters. “It’s the saddest, most horrible thing that can happen to a person,” Carolina said.
A migrant advocate who assisted Carolina after the kidnapping, who spoke to Reuters on condition of anonymity due to security concerns, confirmed all the details of her account.
The attack came amid an increase in sexual violence against migrants in the border cities of Reynosa and Matamoros, both major transit routes for immigrants seeking to enter the U.S., according to data from the Mexican government and humanitarian groups, as well as interviews with eight sexual assault survivors and more than a dozen local aid workers.
“The inhumane way smugglers abuse, extort, and perpetrate violence against migrants for profit is criminal and morally reprehensible,” U.S. Department of Homeland Security (DHS) spokesperson Luis Miranda said in response to questions about the rise in reported rapes.
Criminal investigations into the rape of foreign nationals, excluding Americans, were the highest on record in the two cities this year, according to state data from 2014 to 2023 obtained by Reuters through freedom of information requests.
The U.S. State Department considers Tamaulipas, where the two cities are located, to be the most dangerous state along the U.S.-Mexico border.
. . . .
A Venezuelan migrant said he was kidnapped in May in Reynosa by a cartel while traveling to the border for his confirmed CBP One appointment. He couldn’t raise the full $800 ransom, so he was forced to work for two months to pay off the remaining $200, he said.
Two other migrants who said they were held at the house during the same time period confirmed the man was forced to work against his will, and that they heard female migrants being raped.
On the nights the Venezuelan man was tasked with standing guard over the other migrants, he said he watched the cartel members ask the man in charge of the house for permission to rape the women of their choosing.
He said the answer was always the same: “Take her.”
***************************
Read the full article at the link.
Walls, detention, eliminating the right to asylum aren’t going to solve this. But, solving it doesn’tseem to be the objective. Blaming the victims is a lot easier than treating them as human beings.
As my friend Debi Sanders (who alerted me to this report) said: “Terrifying!”Yup! 🤯🏴☠️
Yet, just a few days earlier, in deciding to extend TPS to nearly a half million Venezuelans in the US, that same DHS found:
Overview
Venezuela continues to face a severe humanitarian emergency due to a political and economic crisis, as well as human rights violations and abuses and high levels of crime and violence, that impacts access to food, medicine, healthcare, water, electricity, and fuel, and has led to high levels of poverty. Additionally, Venezuela has recently experienced heavy rainfall in the spring and summer of 2023 which triggered flooding and landslides. Given the current conditions in Venezuela, these issues contribute to the country’s existing challenges.
Venezuela is experiencing “an unprecedented political, economic, and humanitarian crisis.” [5] “Venezuela is suffering one of the worst humanitarian crises in the history of the Western Hemisphere,” which has been characterized by “[h]igh levels of poverty, food insecurity, malnutrition, and infant mortality, together with frequent electricity outages and the collapse of health infrastructure.” [6] Though there were some positive developments in Venezuela in 2022 “as the economy stabilized and showed signs of economic growth,” the effects of these changes were not felt across the Venezuelan population and did not offset the impact of the large-scale economic contraction which resulted in significant humanitarian challenges that continue today and will take time to address.[7]
Political Repression and Human Rights
The Maduro regime has closed off channels for political dissent, restricting enjoyment of civil liberties and “prosecuting perceived opponents without regard for due process.” [8] The UN Human Rights Council’s Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela (IIFFM) found in its September 2022 report, “Venezuela’s military and civilian intelligence agencies function as well-coordinated and effective structures in the implementation of a plan” to “repress dissent.” [9]
Crime and Insecurity
Venezuela has one of the highest rates of violent deaths in the world.[10] Additionally, “Venezuelans face physical insecurity and violence from several sources, including irregular armed groups, security forces, and organized gangs.” [11] Corruption in Venezuela exacerbates insecurity. InSight Crime has reported that “criminal groups and corrupt state actors together form a hybrid state that combines governance with criminality, and where illegal armed groups act at the service of the state, while criminal networks form within it.” [12] Human trafficking remains a serious concern. Traffickers exploit and subject Venezuelans, including those fleeing the country, to egregious forms of exploitation, including sex trafficking and forced labor.[13] Members of non-state armed groups that operate in the country with impunity, subject Venezuelans to forced labor and forced criminality, and recruit or use child soldiers.[14]
Economic Collapse
Since 2014, Venezuela has suffered from an “economic recession marked by hyperinflation, shortages of basic goods and a collapse in public services such as electricity and water.” [15] Recently, Venezuela’s economy has shown some signs of recovery; however, it is still in a precarious condition.[16] In a report covering the period from May 2022 through April 2023, the Office of the High Commissioner for Human Rights (OHCHR) noted that while economic growth which occurred in 2022 “would bring hope for improved economic prospects, persistent challenges and other factors continued to negatively affect essential public services, transport, education, and health.” [17]
In its annual report covering 2022, the Inter-American Commission on Human Rights (IACHR) noted “the high rates of poverty and inequality in the country, in which there are estimates that more than 90% of the population lives in poverty.” [18] The same report stated that “as of March 2022, HumVenezuela estimated that 94.5% of the population would not have sufficient income to cover items such as food, housing, health, education, transportation and clothing.” [19]
Health Crisis
Various sources have referred to severe problems with health systems in Venezuela, including the IACHR, Human Rights Watch, and the Congressional Research Service (CRS).[20] Per The Associated Press, Venezuela’s “health care system crumbled long before” the start of the COVID–19 pandemic.[21] Likewise, in its 2022 annual report, the IACHR acknowledged that while the COVID–19 pandemic “has had significant impacts on the health sector and the population, the serious affectations of the system preceded the health emergency.” [22] Elaborating on this topic, the IACHR identified “shortages of medicines, supplies, materials and medical treatment” as of 2018, and that the “situation has been worsening since 2014, and it is important to highlight that the health system has reportedly collapsed due to its persistent precariousness, which would have been exacerbated by the pandemic.” [23]
According to OHCHR, health centers in Venezuela “report structural underfunding and understaffing resulting in for example, regular blackouts and water shortages.” [24] In its report on the humanitarian situation in Venezuela in 2022, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) noted that “[h]ealth services continue to be affected by insufficient water and sanitation conditions and the lack of electricity supply in facilities.” [25] Similarly, Human Rights Watch stated in its annual report covering 2022 that “[p]ower and water outages at healthcare centers—and emigration of healthcare workers—were further weakening operational capacity.” [26] Furthermore, the IACHR has reported that “98% of the hospitals in the country lack medicines, electrical plants and water, as well as failures in laboratories, reagents and wards. As a result, it is estimated that only between 3 and 10% of the hospitals have medical and surgical material to solve medical circumstances.” [27]
Food Insecurity
In a humanitarian response plan published in 2023, the Food and Agriculture Organization of the United Nations (FAO) identified food insecurity as “the most pressing challenge for the population.” [28] Human Rights Watch stated in its annual report covering 2022 that HumVenezuela reported in March 2022 that “most Venezuelans face difficulties in accessing food, with 10.9 million undernourished or chronically hungry. Some 4.3 million are deprived of food, sometimes going days without eating.” [29] Moreover, the IACHR noted in its 2022 annual report that “32% of children live in a situation of chronic malnutrition.” [30]
Heavy Rains and Flooding
Since May 26, 2023, as hurricane season began, Venezuela has experienced heavy rains which resulted in flooding that affected several areas of the country.[31] According to ACAPS, “Between June and July there have been 19 tropical waves, that have brought heavy rains, floods and landslides across the country.” [32] As of July 11, 2023, the meteorological situation in Venezuela indicated “that rainfall and resulting damages are expected to be more severe than previous years.” [33] Reports of the damage caused by the heavy rains include 5,100 people affected with damage to houses and blockages in the drainage system in the state of Portuguesa.[34] In another area—Delta Amacuro state—around 7,500 people are affected by the 2023 floods.[35]
In summary, extraordinary and temporary conditions continue to prevent Venezuelan nationals from returning in safety due to a severe humanitarian emergency which has resulted in food insecurity and the inability to access adequate medicine, healthcare, water, electricity, and fuel. Additionally, human rights violations and abuses, high levels of poverty, high levels of crime and violence, and heavy rains and flooding prevent Venezuelan nationals from returning in safety and permitting Venezuelan noncitizens to remain in the United States temporarily would not be contrary to the interests of the United States.
Based on this review and after consultation with appropriate U.S. Government agencies, the Secretary has determined that:
• The conditions supporting Venezuela’s designation for TPS continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
• There continues to be extraordinary and temporary conditions in Venezuela that prevent Venezuelan nationals (or individuals having no nationality who last habitually resided in Venezuela) from returning to Venezuela in safety, and it is not contrary to the national interest of the United States to permit Venezuelan TPS beneficiaries to remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
• The existing designation of Venezuela for TPS (Venezuela 2021) should be extended for an 18-month period, beginning on March 11, 2024 and ending on September 10, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
• Due to the conditions described above, Venezuela should be redesignated for TPS beginning on October 3, 2023, and ending on April 2, 2025. See INA sec. 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2).
For the redesignation, the Secretary has determined that TPS applicants must demonstrate that they have continuously resided in the United States since July 31, 2023.
Initial TPS applicants under the redesignation must demonstrate that they have been continuously physically present in the United States since October 3, 2023, the effective date of the redesignation of Venezuela for TPS.
There are approximately 243,000 current Venezuela TPS beneficiaries who are eligible to re-register for TPS under the extension.
It is estimated that approximately 472,000 additional individuals may be eligible for TPS under the redesignation of Venezuela. This population includes Venezuelan nationals in the United States in nonimmigrant status or without immigration status.
Does this sound like a country that will “ensure orderly, safe and legal repatriation?” Duh!
As for the DHS attempt to “blame the victims” for not taking advantage of legal opportunities, the legal right to apply for asylum in the U.S. attaches at the border to ANYONE “who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status.”INA, section 208.
With huge backlogs at both the Asylum Office and EOIR, and some problematic adjudicators, judges, administrators, and poor precedents, just how could hundreds of thousands of legal removals take place without huge systemic changes that to date the Administration has failed to make at either DHS or EOIR?Sounds like a prescription for massive legal and human rights violations!☠️
Yes, we’re going to hear chants of “we can’t take them all” from all sides. But, the truth that few acknowledge is that we haven’t and won’t be “taking them all” — not by a long shot! Of the more than 7 million who have fled the Maduro regime in Venezuela, only approximately 10% (about 750,000) have come to the U.S.!https://www.bbc.com/news/world-us-canada-66875264. The vast, vast majority — approximately 90% — have taken refuge elsewhere in Latin American, in poorer countries far less able than the U.S. to absorb them! But, hey, when does truth and reality ever enter into the U.S. political debate on immigration?
Immigrant Defenders help humanity at the border, treating fellow humans with dignity, respect, kindness. PHOTO: Linkedin
Immigrant Defenders posted this on LinkedIn:
Customs and Border Protection (CBP) continues to inhumanely release asylum seekers onto San Diego streets, often with little more than the clothes on their backs. #TeamImmDef, Lindsay Toczylowski, Margaret Cargioli, Melissa Shepard and Jesús Contreras Barajas, continues to join various non-profit organizations, grassroots groups and community members to receive asylum seekers with respect and help them reach their friends and family members all over the United States. Our dedicated team, in collaboration with our remarkable San Diego-based partners, is tirelessly working to continue to welcome migrants with dignity. We have welcomed more than 8500 asylum seekers in 13 days.
We need all levels of government, local and federal, to provide infrastructure and financial resources to help NGOs welcome with dignity.
If you want to help, please consider donating airline miles to Miles4Migrants. Please see the link in our bio to donate. Or donate directly to ImmDef at Immdef.org/donate.
Scandalously, rather than looking to solve this humanitarian crisis, the GOP seeks to punish victims of Government dereliction of duty and their humanitarian responders for asserting well-established legal rights! Talk about a party of lawlessness! Sadly, it’s no surprise since they owe homage to an insurrectionist “leader” who is a notorious fraudster, con man, and criminal defendant in multiple cases!
While resisting the GOP’s worst racist/nativist nonsense, the Dems’ approach has been largely to avoid talking about immigration and human rights, apparently believing that pretending like they don’t exist will make them go away. But, migration isn’t going away!
While we can to some extent control, channel, and optimize migration, irresponsible “zero tolerance/uber deterrence” policies will do little to stop reality in the long run. It will, however, eventually force more migration underground and cede policy control to smugglers, cartels, and other criminals.
At the same time, obsessing over deterring and deporting those who merely seek refuge and a chance to contribute to America will actually diminish the harder work of focusing on criminals out to turn border disorder and misplaced priorities to their advantage.
Neither party appears to have a realistic plan for the border, and the GOP actively seeks to make things worse!Meanwhile, not for the first time, NGOs, local communities, and compassionate individuals are left to pick up the slack!
Recently, the San Diego County Board showed the potential for bipartisan cooperation on the border.
But, without a more realistic approach from the Feds — currently blocked by the GOP — local efforts are unlikely to succeed. And, that’s an avoidable humanitarian tragedy!
Matt Gaetz (R-Outer Space) The so-called mainstream media has seen fit to anoint this evil clown as the official spokesthing for the insurrectionist GOP. PHOTO: X (formerly Twitter)
By Paul Wickham Schmidt
Courtside Exclusive
October 1, 2023
Saturday, at the 12th hour, GOP Speaker Kevin McCarthy (D-CA) finally did the obvious — reached out to Dems to save America from insurrectionist, anti-American GOP extremists by passing a last-minute continuing resolution that will fund American government until Nov. 17.
All Dems except one (who was protesting the GOP’s pro-Putin defunding of Ukraine aid) voted for the House bill, while 90 GOP insurrectionists voted to tank America and manufacture a needless crisis. The bill passed the nominally Dem-controlled Senate in about 30 seconds, and was signed by President Biden before midnight. The message about which party is serious about governing for the common good is obvious to all real patriots, even if a shocking number of GOP voters have foisted these far-right GOP clowns upon the rest of us.
The mainstream media uses the namby-pamby misnomer “border security,” to refer to the GOP’s proposed racist-nativist attack on immigration, destruction of the long-established right to asylum, and bogus attempts to reinstate “proven to fail,” draconian deterrence measures. As happened when tried unsuccessfully in the past, the GOP would turn over control of border migration policies to cartels, smugglers, and organized crime, while deflecting attention and undermining law enforcement efforts to control human and drug smuggling.
A true accounting for the GOP extremist agenda would clearly show how firmly on the side of Putin and border bandits today’s dangerous, “destroy America” GOP has become. Too bad the so-called “mainstream media” has so little interest in digging beyond the cosmetics on the border issues and Ukraine aid.
In perhaps the ultimate example of clueless, Fox News inspired, “mainstream journalism,” CBS’s “This Sunday” saw fit to inflict Gaetz and his bombastic nonsense on hapless viewers today. NBC, on the other hand, maybe still smarting from new-host Kristen Welker’s disastrous, totally uncalled for, “inaugural” interview with a raving, incoherent, lie-spouting Trump, gave us wall-to-wall coverage of the Ryder Cup in place of “Meet the Press.” Honestly!
Look forward to more clownish theatrics and anti-American posturing from the GOP and their “Chief Clown” Trump, and more insipid reporting from the mainstreamers as America careens toward another likely GOP-generated “crisis” in mid-November. It’s NOT a “Washington problem! It’s purely a GOP that lacks any interest whatsoever in responsible governing.
Mob chatter: “Hey, anyone here know what an ARCG is?” “No clue.” “Some kind of boat?” “Maybe we should ask Noah.” “Don’t bother. The only rule we follow around here is ‘When in doubt, throw ‘em out!’” “Isn’t that what the UN Handbook says, that ‘giving the benefit of the doubt’ means to ‘doubt that any benefit will ever be given?’” “Yup, sounds right to me!” “I don’t understand it. We’re overtly hostile to asylum seekers and their lawyers, we’ve tilted the playing field against them, yet they still come! Why?” “Detain, discourage, deny, deport, deter, that’s our mission!” “Where due process, fundamental fairness, and best practices go to die!” “Precedents? We only follow the ones unfavorable to respondents!” https://www.flickr.com/photos/rasputin243/ Creative Commons License
From: Ted Murphy
Sent: Thursday, September 14, 2023 10:09 AM
To: AILA Philadelphia List
Cc: Kaley Miller-Schaeffer
Subject: 3rd Circuit Precedent – PSG Honduras A-R-C-G-
Importance: High
Friends,
Please see the attached precedent decision from the 3rd Circuit today. While the first 16 pages of the 21 page decision focus on CIMT issues, the final 4 pages are worth reading on PSG similar to A-R-C-G- that the BIA ignored.
Here, on the other hand, the BIA did not adhere to
Matter of A-R-C-G-’s requirement to examine Avila’s PSG
within the context of the specific country conditions in
Honduras. The BIA rejected Avila’s PSG for lack of
particularity without considering evidence in the record about
“widespread and systemic violence” against Honduran women,
“inconsistent legislation implementation, gender
discrimination within the justice system, and lack of access to
services.”109 Evidence in the record, including that “[l]ess than
one in five cases of femicide are investigated,… and the
average rate of impunity for sexual violence and femicide is
approximately 95%,” may have been relevant in examining
whether Avila’s proposed PSG was cognizable.110 Just as the
cultural attitudes toward gender were relevant in Matter of A-
R-C-G-, evidence in the record as to the “machismo culture” in
Honduras may be relevant to assessing whether Avila has a
cognizable PSG.111
Moreover, in Matter of A-R-C-G-, DHS conceded that
the proposed group “married women in Guatemala who are
unable to leave their relationship” was sufficient for a PSG
asylum claim.112 Given the similarity between that social group
and “Honduran women in a domestic relationship where the
male believes that women are to live under male domination,”
we must remand for the BIA to provide clarification as to its
application of Matter of A-R-C-G-, and to determine whether
Avila’s proposed PSG is cognizable in light of the specific
country conditions
.
We must also remand for the BIA to consider whether
Avila demonstrated a well-founded fear of persecution on
account of her PSG. The BIA determined that Avila’s PSG did
not “exist independently” of the harm alleged, as required
under Matter of M-E-V-G-113 and Matter of W-G-R-.114 Matter
of M-E-V-G- cites to this Court’s prior precedent in Lukwago
v. Ashcroft,115 which states that a PSG “must exist
independently of the persecution suffered by the applicant for
asylum.”116 However, Lukwago makes clear that in
determining whether a PSG exists independently of the
persecution suffered, the BIA must consider the PSG in the
context both of “past persecution” and a “well-founded fear of
persecution.”117 Here, the BIA did not consider whether Avila
had demonstrated that she had a well-founded fear of
persecution based on her past experiences of abuse and sexual
violence. Accordingly, we will remand for the BIA to consider,
in addition to whether Avila has suffered past persecution on
account of her PSG, whether she has demonstrated a well-
founded fear of future persecution.
In conclusion, on remand, the BIA should (1) clarify,
given the Government’s concession in Matter of A-R-C-G- that
the proposed group was sufficient for a PSG asylum claim, its
application of Matter of A-R-C-G- to the present case, and
consider Avila’s PSG in the context of evidence presented
about the country conditions in Honduras and (2) provide
guidance in applying both Matter of A-R-C-G- and Matter of
M-E-V-G- with respect to past persecution and a well-founded
fear of future persecution on account of membership in a PSG
Case was argued by Attorney Kaley Miller-Schaeffer.
Once again, the BIA fails to follow its own precedent favorable to the respondent! Yet, in a Dem Administration they get away with mocking the rule of law in life or death cases, in a “court system” that the Dems “own.” Why?
WHO applies precedents and rules can be as important as the precedents and rules themselves! Failure to properly and uniformly apply legal rules that favor asylum seekers has become a chronic problem at EOIR. It’s one that Garland has yet to effectively and comprehensively address!
Many congrats to Kaley Miller-Schaefer and Murphy Law!
Kaley Miller-Schaefer ESQ Partner Murphy Law PHOTO: Linkedin
“The Cruelty Is The Point” IMAGE: Amazon.comOLAFIMIHAN OSHIN Staff Writer The Hill PHOTO: The HillRebecca Beitsch Staff Writer The Hill PHOTO: pewtrust.org
A federal judge for the second time found the DACA program unlawful, but held back from ordering the deportation of the nearly 600,000 people who remain in the country as “Dreamers.”
The Deferred Action for Childhood Arrivals program, first crafted with a 2012 memo under the Obama administration, was likewise found unlawful by federal District Court Judge Andrew Hanen in a similar ruling in 2021.
“While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its concerns about the legality of the program for some time,” Hanen wrote in the 40-page ruling.
“The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, has decided not to pass DACA-like legislation.”
Given earlier challenges to the DACA program’s creation through a memo, the Department of Homeland Security (DHS) in 2022 underwent formal rulemaking to solidify the basis for the program.
But Hanen found while the government followed the law in undergoing notice and comment rulemaking, the new rule essentially carried the 2012 memo into a formal rule without addressing prior issues criticized by the court.
Last year the Fifth Circuit Court of Appeals, before remanding the case to Hanen, found broader issues with DACA, saying the policy was inconsistent with immigration processes laid out under the Immigration and Nationality Act.
Hanen pointed to that in his Wednesday ruling, noting that while the record underlying the new rule showed DACA to be beneficial to both recipients and the U.S. “DHS did nothing to change or resolve the substantive problems found by this court or the fifth circuit.The decision earned swift backlash from immigration advocates and spurred familiar calls for Congress to act.
. . . .
The decision earned swift backlash from immigration advocates and spurred familiar calls for Congress to act.
“While expected, today’s court ruling is devastating. It impacts hundreds of thousands of immigrant youth and their loved ones, who have already endured years of uncertainty stemming from politicized attacks on DACA,” Kica Matos, president of the National Immigration Law Center said in a statement.
“Congress has failed to pass a permanent legislative solution, and it is urgent that they act now. We cannot allow court rulings to continue to upend the lives of hundreds of thousands of immigrant youth whose home is here.”
The ruling comes months after a coalition of nine GOP-led states asked Hanen to end the federal program, referring to the program as “unlawful” and “unconstitutional.”
. . . .
**********************
Read the complete article at the link.
Once you get beyond GOP White Nationalist politicos and judges, DACA legislation is widely popular across the political spectrum. Yet, the GOP is happy to defy the common good, and, sadly, Dems are afraid to leverage and elevate DACA to a “Tier One” issue! So, a generation of younger talent that American needs for the future continues to “twist in the wind!” Stupid, cruel, wasteful!
Stuart Anderson Executive Director National Foundation for American Policy PHOTO:Linkedin
Parole programs and other legal pathways reduce illegal entry and are more humane. “Latin American experts say it is wrong to assume immigration enforcement policies can override the human instinct to leave untenable circumstances and seek a better life.” #immigration #asylum #asylumseekers
New York City business leaders have asked the Biden administration to provide more federal aid and expedite work permits for asylum seekers. If asylum seekers could work, they would likely find their own housing, which would ease the burden on New York and other city governments. Businesses around the country seek more workers to fill positions. Advocates recommend policies that would provide a more comprehensive solution amid an historic refugee crisis that analysts consider unlikely to be addressed through enforcement-only policies.
A Plea From Businesses
“The New York business community is deeply concerned about the humanitarian crisis that has resulted from the continued flow of asylum seekers into our country,” according to an August 28, 2023, letter from the Partnership for New York City to President Biden and Congressional leaders. “We write to support the request made by New York Governor Hochul for federal funding for educational, housing, security and health care services to offset the costs that local and state governments are incurring with limited federal aid.
“In addition, there is a compelling need for expedited processing of asylum applications and work permits for those who meet federal eligibility standards. Immigration policies and control of our country’s border are clearly a federal responsibility; state and local governments have no standing in this matter. There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”
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For each of my classes in Immigration Law & Policy @ Georgetown Law, the students were required to find and report on an item relating or illustrating the topic for the class. Stuart Anderson was one of the “most reported on” sources! I think it’s because his writing is so clear, understandable, and sensible to all audiences!
Immigration affects everything and is a key to a better future for all. That’s why it’s a shame Dems aren’t willing to tout it, instead basically ceding the issue to GOP restrictionists. Big mistake, in my view!
“While expected, today’s court ruling is devastating. It impacts hundreds of thousands of immigrant youth and their loved ones, who have already endured years of uncertainty stemming from politicized attacks on DACA,” Kica Matos, president of the National Immigration Law Center said in a statement.