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

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

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
BuzzFeed News

Hamed Aleaziz reports for BuzzFeed News:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

11-26-19

 

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

Kevin Sieff
Kevin Sieff
Latin America Correspondent
Washington Post

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

Kevin. Sieff reports for the WashPost:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cañas hugged him.

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

Falling coffee prices drive Guatemalan migration to the United States

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

His mother recorded a message from daughter to father.

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

He played the message over and over and cried.

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

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

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

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

PWS

11-23-19

TRUMP REGIME ORDERS OFFICERS TO IGNORE EVIDENCE, VIOLATE HUMAN RIGHTS OF ASYLUM SEEKERS — “‘We are being asked to violate human rights,’” the asylum officer told BuzzFeed News.”

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
BuzzFeed News

https://www.buzzfeednews.com/article/hamedaleaziz/asylum-officers-guatemala-deport-central-guidance

Hamed Aleaziz reports for BuzzFeed News:

US immigration officers implementing a Trump administration plan to deport asylum-seekers from Central America to Guatemala were provided materials this week detailing the dangers faced by those in the country, including gangs, violence, and killings with “high levels of impunity.”

The “resource guide” on Guatemala was given to asylum officers as part of materials to implement a controversial policy to deport adult asylum-seekers from El Salvador and Honduras to Guatemala. The guide, which was obtained by BuzzFeed News, relies primarily on public sources: academic publications, research from Human Rights Watch and other organizations, and news reports.

A Human Rights Watch report from 2018 that was included in the guide for asylum officers, said “Violence and extortion by powerful criminal organizations remain serious problems in Guatemala. Gang-related violence is an important factor prompting people, including unaccompanied youth, to leave the country.”

The research provided to the officers confirmed some of their worst fears about sending people to the country.

“Being told to send asylum-seekers to Guatemala without even a screening on their claim while also being given research explaining, in detail, the incredible danger that exists throughout the country is extensively frustrating,” said one asylum officer, who requested anonymity because he was not authorized to speak to the media. “This agreement feels like a pretext to get rid of as many asylum claims as possible.”

pastedGraphic.png

Emilio Espejel / AP

Central American migrants wait at the El Chaparral border crossing in Tijuana, Mexico.

The Trump administration began this week carrying out its controversial new policy of deporting to Guatemala adults from El Salvador and Honduras who have sought asylum at the southern US border. DHS officials confirmed an initial flight to Guatemala in a Thursday press briefing.

The Trump administration says the plan is a key element in its strategy to deter migration at the border and another method to restrict asylum-seekers from entering the US. Advocates and asylum officers previously told BuzzFeed News that the unprecedented plan lacks legality and organization, and will lead immigrants to be placed in dangerous circumstances.

“Data from Guatemala’s Attorney General’s Office shows that nearly 8,400 extortion complaints were filed in 2017, but less than 700 convictions made,” reads one research paper linked in the guide to asylum officers on extortion issues in the country. “Amid such high levels of impunity, fear of reprisals for not paying extortion demands is a huge concern among victims.” A link to a Guardian article titled “Guatemala in grip of ‘mafia coalition,’ says UN body in scathing corruption report,” is also included, among other stories detailing major safety issues in the country.

US Citizenship and Immigration Services officials included the guidance in an email to asylum officers across the country Wednesday morning in a notice that implementation of the policy would begin, according to a copy of the email provided to BuzzFeed News.

Under the policy, border officials in the El Paso, Texas, area will refer a small number of adult asylum-seekers from El Salvador and Honduras who have recently arrived at the border to asylum officers for interviews, according to two sources with knowledge of the process.

BuzzFeed News recently revealed that, up until late last week, Department of Homeland Security officials were still scrambling to resolve critical details about the Guatemala plan. “There is uncertainty as to who will provide orientation services for migrants as well as who will provide shelter, food, transportation, and other care,” read a DHS brief drafted for Acting Secretary Chad Wolf in the run-up to a meeting Friday with Guatemala Interior Minister Enrique Degenhart.

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

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

“We are being asked to violate human rights,” the asylum officer told BuzzFeed News.

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

Summary: Government officials routinely and openly violate human rights of asylum seekers and other migrants with impunity.

Sounds like something out of the Country Reports for some of the repressive states that I used to deal with in deciding asylum cases as an Immigration Judge. 

Now, it describes the United States.

Even before Trump, the U.S. had a rather poor record of holding human rights violators accountable. The folks who mapped out the clearly illegal “torture program” during the Bush II Administration were never held accountable. Indeed, several of them were actually rewarded despite their involvement in immoral and illegal actions.

PWS

11-22-19

AN UNCONSTITUTIONAL “COURT” SYSTEM WHERE POLITICOS & PROSECUTORS DETERMINE JURISDICTION CONTINUES TO DISPENSE INJUSTICE IN LIFE OR DEATH MATTERS AS FECKLESS ARTICLE III COURTS TANK & AN EMBOLDENED ADMINISTRATION COMMITS OVERT HUMAN RIGHTS, STATUTORY, AND CONSTITUTIONAL VIOLATIONS BY RETURNING ASYLUM APPLICANTS TO UNSAFE COUNTRIES WITHOUT FUNCTIONING ASYLUM SYSTEMS!

Me

AN UNCONSTITUTIONAL “COURT” SYSTEM WHERE POLITICOS & PROSECUTORS DETERMINE JURISDICTION CONTINUES TO DISPENSE INJUSTICE IN LIFE OR DEATH MATTERS AS FECKLESS ARTICLE III COURTS TANK & AN EMBOLDENED ADMINISTRATION COMMITS OVERT HUMAN RIGHTS, STATUTORY, AND CONSTITUTIONAL VIOLATIONS BY RETURNING ASYLUM APPLICANTS TO UNSAFE COUNTRIES WITHOUT FUNCTIONING ASYLUM SYSTEMS!

By Paul Wickham Schmidt

Exclusive for immigrationcourtside.com 

Alexandra, VA. Nov. 21, 2019. It’s one of the most elementary principles in law: a court has jurisdiction to determine its own jurisdiction. But, in the so-called U.S. Immigration Courts, where individuals are often essentially on trial for their lives, sometimes without the benefit of legal counsel or time to prepare, Department of Justice politicos and DHS prosecutors tell the Immigration Judges what jurisdiction, if any, they possess. 

Thus, in a memorandum issued on November 19, 2019, the Director of EOIR, a non-judicial “mouthpiece” for DOJ politicos that run these unconstitutional administrative “courts,” instructed Immigration Judges on the requirements of clearly fraudulent “Safe Third Country Agreements” put in place by the Administration to deter, punish, and in some cases likely kill asylum applicants in dangerous, non-statutorily-qualifying countries, without credible asylum systems. He told them how and when they could exercise jurisdiction over certain cases and when they only had jurisdiction if DHS prosecutors determined in their sole discretion that it was “in the public interest.”

Remarkably, in the face of a statute that clearly gives individuals a right to apply for asylum in the U.S. “regardless of status,” the DHS now will determine whether in the exercise of their prosecutorial discretion an individual will actually be allowed to apply for asylum before an Immigration Judge. And, that clearly won’t happen often, if at all. 

Otherwise, under blatantly fraudulent “Safe Third Country” agreements, newly arriving asylum seekers will be “orbited” to three of the most dangerous countries in the world — Guatemala, Honduras, & El Salvador — that don’t even have functioning asylum systems. Indeed, these failed states, overrun by gangs and cartels, are among the world’s most notorious “sending counties” for asylum seekers! How would countries that can’t even provide minimal protection for their own citizens and without functional asylum systems possibly provide a safe opportunity for individuals to apply for asylum? Clearly, they won’t.

Of course, the Administration has put out a litany of outrageous lies in support of its fraud. One of the most patently absurd claims is that this illegal scheme will offer asylum applicants “protection in the area” without making the “dangerous journey.” 

But, there is no chance that some of the most corrupt and inept governments in the world, unable to protect their own citizens, would be able to offer reasonable protection to asylum seekers from third countries. Some of the victims of the Trump Administration’s racist malfeasance probably won’t survive long enough to even make their claims. And, there isn’t any credible process for them to apply anyway. It took the U.S. decades to develop the asylum system that Trump has now dismantled. The idea that poor countries with no expertise and resources to devote to the process will be able to adjudicate asylum claims under a comparable “fair” system doesn’t pass the “straight face test.” 

Beyond that 1) the hapless individuals being returned (with no access to counsel) have already made the “dangerous journey;” and 2) the gangs and cartels operate with government acquiescence, cooperation, and/or impunity throughout the small area of the Northern Triangle. Therefore, individuals are likely to be in danger and targeted for harm, kidnapping, extortion, or all three, the minute they set foot in any of these failed states. 

That’s certainly been the experience of those returned to Mexico under the dishonestly named “Migrant Protection Protocols,” more accurately known as the “Let ‘Em Die in Mexico Program.” So outrageously unlawful has this program been that some Asylum Officers and Immigration Judges have resisted or actually quit over being required to engage in illegal acts and human rights violations. 

Yet, a complicit Ninth Circuit Court of Appeals has allowed these deadly attacks on our system of justice and human dignity to continue. Perhaps the “lowlight” of that court’s judicial malfeasance has been the well documented cases of DHS officials issuing fake hearing notices to their victims. Just imagine if those abuses happened to the spouse, son, or daughter of one of the these feckless judges! Judges who place themselves above justice to the humanity they serve are a systemic problem.

There’s also the matter of no transparent procedures being in place to determine what will happen to these individuals and where they will be where housed once “orbited.” Finally, even if against the odds someone actually got asylum in a Northern Triangle country, they clearly would not be “protected” by countries incapable of offering protection to most of their citizens.

By comparison, the one pre-existing “Safe Third Country” agreement with Canada, a country that actually appears to qualify under the statute, bears no resemblance whatsoever to the broadly worded fraudulent agreements with the Northern Triangle countries. The Canadian agreement is carefully circumscribed with many protections and qualifications and applies to only a small number of individuals annually. 

By contrast, the fraudulent agreements with the Northern Triangle potentially apply broadly to individuals from countries like Cuba and Haiti who have never passed through the Northern Triangle and have no connection whatsoever with those countries. That’s because Canada is a real country that negotiated at arm’s length with the U.S. By contrast, the failed states of the Northern Triangle had these bogus agreements shoved down their throats with threats to cut off aid and assistance by corrupt officials like “Big Mac With Lies” McAleenan acting on Trump’s and Miller’s instructions.

But, complying with statutory requirements and protecting asylum seekers under the law never has been an objective of the Trump Administration. Killing and mistreating asylum seekers as a “deterrent” and then feeding the results to a White Nationalist base as “success” is the sole objective of these corrupt programs.

Nobody, and I mean nobody, who understands and cares about honest implementation of U.S. refugee and asylum law could have contemplated in their worst nightmares that we would be discussing the Northern Triangle countries as “Safe Third Countries.” Yet, here we are.

But, perhaps the most amazing and discouraging fact is that in the face of such blatant public fraud and illegal behavior, over and over in disregarding asylum laws and Constitutional requirements, the Article III Federal Appellate Courts, all the way up to the Supremes, have failed to consistently stand up to the dishonest thugs in the Trump Administration who are running roughshod over our asylum laws and our Constitution. They daily ignore the clear unconstitutionality of an Immigration “Court” system that denies individuals the “fair and impartial” adjudicators to which the are entitled under the Fifth Amendment. In the process they are dehumanizing all of us.

The statute purports to bar judicial review of individual claims denied under the “Safe Third Country” exception. But, surely some smart member of the New Due Process Army can come up with a theory to challenge the Constitutionality of such blatantly dishonest and overtly fraudulent agreements that subvert the statute and clearly deny Due Process to individuals within the jurisdiction of the U.S.

And, let’s not forget the Congress where all constructive immigration reforms are blocked by a GOP Senate. In a rational world, Congress would have acted by veto-proof margins to withdraw the Executive’s authority to enter into “Safe Third Country Agreements” in light of the Administration’s well-publicized plans to clearly ignore and abuse the Congressionally-mandated standards. They also would have created independent Article I Immigration Courts outside of the Executive Branch. But, that would be a Congress other than one beholden to today’s GOP and their slavish devotion to Trumpism.

Those involved in negotiating, implementing, enabling, and defending these fraudulent agreements are committing major human rights violations. While there might currently be no ways of holding them legally and personally accountable, the the truth eventually will come out. History will be their judge. And, when all the ugliness, dishonesty, racism, cowardice, and dereliction of legal duties are finally exposed, I wouldn’t want to be in their shoes or the shoes of their descendants who will have to live with the eternal shame of those who abuse and deny the humanity and legal rights of the most vulnerable among us.

Due Process Forever!

Here’s the EOIR’s bogus “Guidance” for those who have the stomach to wade through it:

https://www.justice.gov/eoir/page/file/1218516/download

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

Doug Stephens
Doug Stephens
Attorney
Former Asylum Officer

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

By Doug Stephens

Mr. Stephens is a lawyer.

Video by Leah Varjacques and Taige Jensen

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

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

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

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

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

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

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

See the video at the above link.

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

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

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

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

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

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

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

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

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

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

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

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

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

Due Process Forever! Complicit Courts Never!

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

PWS

11-20-19

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

Gabe Gutierrez
Gabe Gutierrez
NBC News Correspondent
Atlanta, GA

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

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

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

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

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

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

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

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

“We’re sending a message”

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

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

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

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

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

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

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

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

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

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

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

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

Follow NBC Latino on Facebook, Twitter and Instagram.

pastedGraphic.png

Gabe Gutierrez

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

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

Check out the video at the above link.

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

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

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

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

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

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

PWS

11-20-20

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

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
BuzzFeed News

https://apple.news/AijtlVW8iRqm87hLGuQq7uA

Hamed Aleaziz reports for BuzzFeed News:

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

BuzzFeed News Reporter

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

11-19-19

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

Maria Verza
Maria Verza
Journalist
Associated Press

 

https://apple.news/A0kbZvXqkS_GkfZ67SldXDA

 

Maria Verza reports for the Associated Press:

 

 

Migrants stuck in lawless limbo within sight of America

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

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

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

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

———

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

———

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

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

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

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

———

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

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

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

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

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

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

———

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

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

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

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

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

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

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

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

Yohan’s family was among them.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

———

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

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

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

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

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

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

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

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

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

But the numbers indicate the danger is real.

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

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

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

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

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

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

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

———

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

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

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

The airport is also tightly controlled.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

———

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

 

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

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

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

 

PWS

11-18-19

 

“LET ‘EM DIE IN MEXICO WATCH” — CRISIS OF CONSCIENCE: U.S. ASYLUM OFFICERS REFUSE TO CARRY OUT ILLEGAL & IMMORAL ANTI-ASYLUM PROGRAM! — “You’re literally sending people back to be raped and killed,” he said. “That’s what this is.”

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times

https://apple.news/ABLpJrjGFTROOJbP0K3fAGg

Molly O’Toole reports in the LA Times:

Asylum officers rebel against Trump policies they say are immoral and illegal

In collaboration with the radio program “This American Life,” the Los Angeles Times takes an exclusive, front-line look at a much-criticized Trump administration policy to restrict asylum — the Migrant Protection Protocols — from the perspective of the asylum officers implementing it. 

It only took Doug Stephens two days to decide: He wasn’t going to implement President Trump’s latest policy to restrict immigration, known as Remain in Mexico. The asylum officer wouldn’t interview any more asylum seekers only to send them back to danger in Mexico.

As a federal employee, refusing to implement the government policy probably meant that he’d be fired, and an end to his career as a public servant. He’d only been assigned five of the interviews so far. But it was five too many — to the trained attorney, the policy officially termed “Migrant Protection Protocols” was not only unethical, it was against the law.

When Stephens told his supervisor in San Francisco his decision, he said he was stunned.

“I told him, ‘You don’t understand. I’m not doing these interviews,’” Stephens said, speaking publicly for the first time in an exclusive interview. “I think they’re illegal. They’re definitely immoral. And I’m not doing them.’”

Stephens is believed to be the first asylum officer to formally refuse to conduct interviews under the program, according to Michael Knowles, a spokesman for the National CIS Council, the union that represents some 13,000 asylum officers and other employees of Citizenship and Immigration Services worldwide.

But he isn’t alone. Across the country, asylum officers are calling in sick, requesting transfers, retiring earlier than planned and quitting, all to resist this and other Trump administration immigration policies that they view as illegal, according to Stephens, as well as other asylum officers and officials.

In a collaboration with the radio program “This American Life,” the Los Angeles Times takes an exclusive, front-line look at one of the Trump administration’s most successful policies to restrict asylum — the Migrant Protection Protocols — from the perspective of the asylum officers forced to implement it.

The asylum officers’ primary job is to make sure that the U.S. government is not returning people to harm in their home countries, a foundational principle in both U.S. and international law. But under MPP, instead of allowing asylum seekers who come to the southern border to wait in the U.S. for their immigration hearings, U.S. officials are forcing them to wait in Mexico.

Since the Trump administration announced the policy in December, U.S. officials have pushed roughly 60,000 asylum seekers back to Mexico, to wait in areas that the U.S. State Department considers some of the most dangerous in the world.

While U.S. officials downplay the danger in Mexico, kidnappings, rape and other violence against asylum seekers under the program are widespread and well documented, according to other officials, advocates, lawyers and academic researchers.

Homeland Security officials concede that the program is designed to discourage asylum claims. The president is running for reelection on renewed promises to limit immigration. Under the policy, only 11 asylum seekers have been granted some kind of relief, according to Syracuse University’s TRAC database. 

The half-dozen asylum officers interviewed by The Times say that in almost every interview they’ve conducted under the policy, the asylum seeker expressed a fear of returning to Mexico — many said they’d been harmed there already. But under the new standards, the officers say they had to return them anyway.

“What’s my moral culpability in that?” said an asylum officer who’s conducted nearly 100 interviews. She requested anonymity because she feared retaliation. “My signature’s on that paperwork. And that’s something now that I live with.”

The asylum officers rebelling against Trump’s immigration policies say they run counter to the laws passed by Congress, as well as their oath to the Constitution and extensive training, which includes how to detect fraud or any potential national security concerns.

Under U.S. law, migrants have the right to request asylum. Some 80% of asylum seekers pass the first step in the lengthy process, an interview with an asylum officer that’s known as a credible-fear screening. Congress set a low standard for the officers to use at this initial stage, to minimize the risk of sending someone back to harm, or even death. But ultimately, only about 15% of applicants win asylum before an immigration judge.

Trump and his top officials use this difference between the percentage of asylum seekers who pass the first step versus the percentage who ultimately win asylum to claim that asylum itself is a “hoax” or “big fat con job.”

Ken Cuccinelli, the acting head of Citizenship and Immigration Services, has publicly criticized the officers, saying they approve too many requests and oppose Trump’s initiatives for partisan reasons. On Wednesday, Cuccinelli was named acting deputy Homeland Security secretary.

Cuccinelli’s spokesperson stopped responding to requests for an interview. But The Times asked Cuccinelli during an October media breakfast about concerns from officers.

“So long as we’re in the position of putting in place what we believe to be legal policies that haven’t been found to be otherwise,” Cuccinelli said, “we fully expect them to implement those faithfully and sincerely and vigorously.”

Citizenship and Immigration Services also declined requests for data on staffing for the Homeland Security agency, and the asylum section specifically, to try to quantify what officers and officials called an “exodus” primarily because of the policy.

In another sign of widespread discomfort among the asylum officers, the union representing them has filed “friend of the court” briefs in lawsuits against the administration, arguing that its immigration policies — including MPP — are illegal.

Last month, the 9th U.S. Circuit Court of Appeals heard arguments in the ongoing litigation against the policy. The panel’s ruling on whether the policy is legal is pending.

When Stephens refused to do the interviews, his supervisors started disciplinary proceedings, issuing him formal warnings, he described at the time. He decided to quit, but not before he sent out a legal memo he’d drafted arguing why the policy violates the law, which he sent to his entire San Francisco office, supervisors, the union and a U.S. senator. He later got his own legal representation, at Government Accountability Project, a nonpartisan nonprofit. 

He says he’s still trying to draw attention to the program, encouraging others to speak out against it. 

“You’re literally sending people back to be raped and killed,” he said. “That’s what this is.”

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

So, what happened to the integrity of 9th Circuit Appellate Judges and Congress? Why are they OK with blatant violations of our laws, our Constitution, and human rights that actually kill people? You could call it “accessory to murder.”

Folks like Doug Stephens, Molly O’Toole, and many other courageous, dedicated members of the “New Due Process Army” are making a public record. While the cowardly abusers might be “getting away with murder” in “real time,” they will eventually be held accountable by history for their illegal, immoral, and unconscionable actions. And, that includes not only the “perpetrators” in the Trump Administration, but also their many disgraceful enablers in the judiciary and Congress. 

Many innocent people might die or be sent to oblivion. But, their bloodstains won’t be washed away, even by time.

PWS

11-16-19

SENATE REPORTS “OUTS” WHITE NATIONALIST REGIME’S VILE ATTACK ON ASYLUM SYSTEM, WHILE HOUSE FINALLY SCHEDULES LONG-OVERDUE OVERSIGHT OF “LET ‘EM DIE IN MEXICO” PROGRAM!

 

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

https://www-m.cnn.com/2019/11/14/politics/merkley-asylum-report/

Priscilla Alvarez Reports for CNN:

(CNN)The Trump administration’s immigration policies have taken a toll on some of the officers tasked with carrying them out, according to a scathing report by Democratic Sen. Jeff Merkley.

The 81-page report released Thursday compiles whistleblower accounts and media reports to provide an overview of the administration’s crackdown on migrants seeking asylum in the United States and attempts to curb migration to the southern border.

In one email, dated August 12, 2019, and obtained by Merkley’s office, an asylum officer denounced one of the administration’s policies as “clearly designed to further this administration’s racist agenda of keeping Hispanic and Latino populations from entering the United States.” The email was first reported by The Washington Post.

pastedGraphic.png

<img alt=”Trump administration proposes rule that would deny work permits to some asylum seekers” class=”media__image” src=”//cdn.cnn.com/cnnnext/dam/assets/190813111158-ken-cuccinelli-presser-uscis-081219-large-169.jpg”>

Trump administration proposes rule that would deny work permits to some asylum seekers

The officer was referring to the so-called Migrant Protection Protocols program, which requires some migrants to stay in Mexico for the duration of their immigration proceedings. The program is being challenged in court, but has been allowed to proceed for the time being.

It’s not the first time asylum officers have expressed frustration over the program, which advocates argue puts migrants, many of whom are from Central America, in harm’s way.

In June, the union representing US asylum officers asked a federal court to end the policy, saying the directives are “fundamentally contrary to the moral fabric of our Nation and our international and domestic legal obligations.”

Merkley’s report, titled “Shattered Refuge,” emphasizes the frustrations held by some officials in the administration who are responsible for carrying out its policies and raises alarm over departmental actions that it alleges exacerbated the crisis at the southern border.

The report included details about:

  • Six pregnant women in Customs and Border Protection custody were sent back to Mexico in May to await their immigration proceedings despite being several months pregnant, according to whistleblowers. The report cites a letter the American Civil Liberties Union directed to the Department of Homeland Security inspector general in September elevating concerns about the placement of pregnant women in the Migrant Protection Protocols program.
  • The former head of the US Citizenship and Immigration Services asylum division, John L. Lafferty, was pushed out by then-acting Director Ken Cuccinelli. Whistleblowers perceived this to be “the result of acting as a committed, civil servant who played it by the book,” according to the report.
  • In April, US Citizenship and Immigration Services moved to raise the standard for credible-fear screenings, the first step in the asylum process. A lawsuit was filed in June challenging the change.
  • The Trump administration assigned CBP agents to conduct credible fear interviews in what appeared to be an attempt to curb the number of asylum applicants, the report states. (More than 50 Border Patrol agents are conducting credible fear screenings, according to USCIS. As of October 2019, Border Patrol agents have completed around 2,000 credible fear determinations.)
  • The report states that limiting entry at CBP ports of entry, a practice known as “metering,” has led to long wait lines and put migrants at heightened risk.

“America should be a land of hope and refuge — the place President Reagan called a shining city on a hill. We’ve seen the betrayal of that vision by the Trump administration’s intentional infliction of trauma on children and families as a warning to others to stay away,” Merkley said in a statement. “Their draconian actions were so contrary to American values and law that at least one whistleblower felt they could not morally or legally carry out their orders.”

The Trump administration has argued that the nation’s immigration system has incentivized people to journey to the southern border. President Donald Trump directed the Justice Department and DHS in April to propose regulations to staunch the flow of migrants, many of whom claim to be seeking asylum in the United States.

Within the last week, USCIS, an immigration agency within DHS, has rolled out proposed changes that would deny work permits to asylum seekers who cross the border illegally and apply a charge to asylum applications, among other things. Immigrant advocates and lawyers have pushed back on the proposed regulations, arguing that the rules penalize a swath of migrants who are seeking refuge in the United States.

Merkley’s report acknowledges the proposed changes to the asylum system and also resurfaces documents that found the controversial policy that led to the separation of thousands of families at the US-Mexico border was intended to deter migrants from coming to the border. It also reflects on the overcrowding at CBP facilities over the summer.

Here’s the information on the House Oversight hearings of “Let ‘Em Die In Mexico,” dishonestly referred to by DHS as the “Migrant Protection Protocols” (“MPP”): 

EXAMINING THE HUMAN RIGHTS AND LEGAL IMPLICATIONS OF DHS’ ‘REMAIN IN MEXICO’ POLICY

DATE: Tuesday, November 19, 2019

Add to my Calendar

TIME: 10:00 AM

LOCATION: 310 Cannon House Office Building

SUBCOMMITTEE: Border Security, Facilitation, & Operations (116th Congress)

ISSUE: Border Security & Immigration

Video

Check back for live video of this hearing.

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

Make no mistake about it, the bogus MPP never had anything whatsoever to do,with “protecting” migrants! No, it was designed specifically to harm (kill on some occasions), punish, and “deter” asylum applicants from exercising their rights under U.S. and international law. 

PWS

11-14-19

JUDICIAL HERO? — HARLINGEN U.S. IMMIGRATION JUDGE DANIEL GILBERT REPORTEDLY QUITS BENCH DURING HEARING IN PROTEST OF ABUSIVE “MIGRANT PROTECTION PROTOCOLS” (More Accurately Known As “Let ‘Em Die In Mexico”) — Courage Of Non-Tenured Administrative Judge Contrasts Sharply With Dereliction Of Duty By Life-Tenured 9th Circuit Jurists!

As reported by tireless defender of immigration rights and civil rights R. Andrew Free, Esquire, on Twitter:

R. Andrew Free

 

@ImmCivilRights

Follow

Follow @ImmCivilRights

More

 

Immigration Judge Daniel Gilbert apparently stood up & walked out of court today. He reportedly quit in protest after nearly twomonths of seeing the human carnage that the regime has unleashed through its #MigrantPersecutionProtocols described below

Hero.

Here’s more:

pastedGraphic.png

Adolfo Flores

Verified account

 

@aflores

Follow

Follow @aflores

More

Judge Ashley Tabaddor, president of the immigration judges union, didn’t offer details on what led Judge Gilbert to take another job at DHS but said he “Has accepted a position with DHS and due to conflicts issues…he can no longer preside over a docket.” https://twitter.com/immcivilrights/status/1195026305449746432 …

pastedGraphic_1.png

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

Sadly, I’d have too wonder how long Judge Gilbert will last at USCIS in the age of the “Wolfman” and “Cooch Cooch.”

PWS

11-14-19

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

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

Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

Greg Sargent writes in the WashPost: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

11-13-19

9TH CIRCUIT’S CONTINUING SHAME: “Let ‘Em Die In Mexico” Program Was Ruled “Illegal From The Git Go” By Courageous U.S. District Judge – Then, 9th Intervened To “Open The Killing Fields” –  Empowered By Appellate Judicial Complicity, DHS Agents Now Simply Commit Fraud On Asylum Applicants & Their Lawyers By Returning Them To Mexico With Fake Hearing Dates!      

Gustavo Solis
Gustavo Solis
South Bay Reporter
San Diego Union-Tribune

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=1e0901c7-ba27-4d78-a71a-823c2481d392

 

Gustavo Solis reports for the San Diego Union-Tribune:

 

By Gustavo Solis

Asylum seekers who have finished their court cases are being sent back to Mexico with documents that contain fraudulent future court dates, keeping some migrants south of the border indefinitely, records show.

Under the Migrant Protection Protocols policy, asylum seekers with cases in the United States have to wait in Mexico until those cases are resolved. The Mexican government agreed to accept only migrants with future court dates scheduled.

Normally, when migrants conclude their immigration court cases, they are either paroled into the United States or kept in federal custody depending on the outcome of the case.

However, records obtained by the San Diego Union-Tribune show that on at least 14 occasions, Customs and Border Protection agents in California and Texas gave migrants who had already concluded their court cases documents with fraudulent future court dates written on them and sent the migrants back to Mexico anyway.

Those documents, unofficially known as tear sheets, are given to every migrant in the Migrant Protection Protocols program who is sent back to Mexico. The document tells the migrants where and when to appear at the border so that they can be transported to immigration court. What is different about the tear sheets that migrants with closed cases receive is that the future court date is not legitimate, according to multiple immigration lawyers whose clients have received these documents.

This has happened both to migrants who have been granted asylum and those who had their cases terminated — meaning a judge closed the case without making a formal decision, usually on procedural grounds. Additionally, at least one migrant was physically assaulted after being sent back to Mexico this way, according to her lawyer.

Bashir Ghazialam, a San Diego immigration lawyer who represents six people who received these fake future court dates, said he was shocked by the developments.

“This is fraud,” he said. “I don’t call everything fraud. This is the first time I’ve used the words, ‘U.S. government’ and ‘fraud’ in the same sentence. No one should be OK with this.”

The Department of Homeland Security and Customs and Border Protection did not respond to multiple requests to comment about why they had engaged in the practice.

Ghazialam first noticed this in September, when three of his clients were sent back to Mexico after their cases were terminated on Sept. 17. After the judge made his decision, the family spent 10 days in Customs and Border Protection custody.

On Sept. 27, the family was given a document that read, in part, “At your last court appearance, an immigration judge ordered you to return to court for another hearing.” That piece of paper told them to return to court on Nov. 28.

However, the immigration judge ordered no further hearing. Ghazialam’s clients do not have a hearing scheduled on that or any other day.

To confirm Ghazialam’s claims, a reporter called a Department of Justice hotline that people with immigration court cases use to check their status and dates of future hearings. That hotline confirmed that the family’s case had been terminated on Sept. 17 and that “the system does not contain any information regarding a future hearing date on your case.”

“That date is completely made up and the Mexican authorities are not trained enough to know this is a fake court date,” Ghazialam said.

After being returned to Mexico, the mother was stabbed in the forearm while protecting her children from an attempted kidnapping. She still has stitches from the wound, Ghazialam said.

The mother presented herself at the border shortly after the stabbing. She told Customs and Border Protection agents that she was afraid to stay in Mexico. The agents gave her a fear of return interview and tried to send her back to Mexico.

But this time, Mexican immigration officials refused to let her and her children back into Mexico because they did not have a court date, Ghazialam said. She is currently with relatives in New York, waiting to figure out the future of her legal status in the United States while wearing an ankle monitor.

In most of these cases, immigration attorneys aren’t aware that their clients were sent back to Mexico until it’s too late.

In one case, a Cuban asylum seeker was returned to Mexico after an immigration judge in Brownsville, Texas, granted her asylum.

The woman’s lawyer, Jodi Goodwin, remembers hugging her client after the decision and arranging a place to meet after authorities released her later that day following processing.

Goodwin expected the process to take 45 minutes, so she went to a nearby Whataburger and ordered a chocolate milkshake. About 40 minutes later, she got a phone call from her client.

“She was hysterical and crying,” Goodwin said. “I’m like, ‘What happened?’ and she says, ‘I’m in Mexico.’ ”

Goodwin called U.S. and Mexican immigration authorities to try to find out what happened. She spent five hours at the border until 9 p.m. and then went home to draft a lawsuit. It wasn’t until she threatened to sue CBP that her client was paroled into the United States.

“It was total chaos for 24 hours to try to figure it out,” Goodwin said. “It shouldn’t be like that, especially when CBP is blatantly lying. They are creating documents that have false information.”

The American Immigration Lawyers Assn. said it was worried about the practice.

“The idea that even though these vulnerable individuals are able to obtain an asylum grant from an immigration judge and CBP is sending them back to harm’s way in Mexico is really disturbing, especially under the guise that there’s a future hearing date,” said Laura Lynch, senior policy counsel for the organization.

Mexico’s National Institute of Migration did not immediately respond to questions about this practice.

Although Ghazialam and Goodwin were able to eventually get their clients back into the United States, some people are still in Mexico.

That’s what happened to a Guatemalan woman and her two children after a judge terminated their case on Oct. 18. The same day the judge closed their case, a U.S. immigration official gave her a piece of paper with the false hearing date of Jan. 16.

“But this appointment does not exist,” said the woman’s New York City attorney, Rebecca Press. “If you check with the immigration court system, there is no January hearing date and the case has already been terminated.”

It’s unclear how widespread this practice is. Lawyers in San Diego; Laredo, Texas; and Brownsville confirmed they have seen it firsthand.

However, only about 1% of asylum seekers in the Migrant Protection Protocols program have lawyers. Therefore it’s difficult to track what happens to the overwhelming majority of the people in the program.

Lawyers said asylum seekers without legal representation who have been sent back in this manner probably have no way of advocating for themselves. It took Goodwin hours of calls to high-level officials in both U.S. and Mexican immigration agencies plus the threat of a lawsuit to get her client back into the United States.

“If you don’t have someone who’s willing to sit around and spend five hours on the phone and stay up all night drafting litigation to force their hand, you’re going to be stuck,” she said.

As news of these false hearing dates spread among the immigration attorney community, some lawyers are taking proactive steps to protect their clients from being returned to Mexico after their court cases are closed.

Siobhan Waldron, a Los Angeles lawyer, wrote a letter to Mexican immigration officials explaining that her client had no future hearing date and outlined a step-by-step process Mexican officials could take to verify that her client’s case had been closed by using the Department of Justice hotline.

The letter worked at first.

When CBP officers tried to return Waldron’s client to Mexico on Nov. 1 with a false January hearing date, her client showed the note to Mexican officials, who refused to take her in. However, the next day, CBP officers sent Waldron’s client back to Mexico with another false court date and this time did not allow her to show Mexican officials her lawyer’s letter that she kept in a special folder, Waldron said.

“They didn’t let her take it out,” Waldron said. “They said, ‘You can’t present anything from that folder.’ ”

The lawyer plans to file “any complaint you can imagine” to CBP, the Department of Homeland Security and other regulatory agencies because “these agents need to be held accountable.”

Her client is still in Mexico, too afraid to walk outside because she has already been kidnapped and assaulted, Waldron said.

Solis writes for the San Diego Union-Tribune.

 

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

As my friend Laura Lynch points out, the individuals affected by this judicially-enabled outrage are not just “asylum applicants” – they include those who have been GRANTED ASYLUM as well as those whose removal proceedings were terminated because a U.S. Immigration Judge found that DHS ILLEGALLY SUBJECTED THEM to the “Let ‘Em Die In Mexico Program.”

The 9th Circuit’s horrible and incompetent handling of Innovation Law Lab v. McAleenan will live in infamy as a monumental judicial abdication of duty that has actually harmed or killed innocent asylum seekers while inspiring DHS to new heights of illegal behavior and contempt for our entire legal system.

Why have a “Judicial Branch” that won’t stand up for individual legal rights in the face of Executive tyranny, overreach, and downright fraud? What are these robed folks doing to earn their lifetime paychecks? And, given the quality and philosophy of many of Trump”s judicial appointments, rammed through a corrupt GOP Senate by “Moscow Mitch,” these are questions the majority of Americans might be asking for decades to come!

 

PWS

 

11-08-19

 

 

 

 

TRUMP’S ILLEGAL BEHAVIOR REBUKED: The 9th Joins Other Circuits Finding That Trump Administration Lacked Legal Authority To “Punish” Jurisdictions Choosing Not To Assist ICE!

Maura Dolan
Maura Dolan
Legal Reporter
LA Times

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=a28c0bb6-7496-4bde-a4f5-5fa4a50a4a12

 

Maura Dolan reports for the LA Times:

 

Court rules against Trump

9th Circuit panel says White House can’t force L.A. to help deport immigrants in order to receive funds.

By Maura Dolan

SAN FRANCISCO — A federal appeals court decided unanimously Thursday that the Trump administration may not force Los Angeles to help the government deport immigrants as a condition of receiving a federal police grant.

A panel of two Republican appointees and one Democrat of the U.S. 9th Circuit Court of Appeals said federal law did not permit the Trump administration to impose the conditions.

The decision involved the Edward Byrne Memorial Justice Assistance Grant Program, the primary provider of federal aid to local and state law enforcement agencies.

Congress authorized the program in 2005 to help law enforcement pay for personnel, supplies and other services. It is administered by the U.S. Department of Justice.

In 2017, the Trump administration imposed two new requirements on the grant. One required recipients to notify immigration authorities before releasing immigrants from jail. The other said recipients had to give federal agents access to correctional facilities to meet with immigrants who might be in the country without authorization.

The city of Los Angeles sued, saying it did not cooperate with immigration agents because doing so would discourage immigrants from helping police in fighting crime.

A district judge blocked the requirements, and the Trump administration appealed to the 9th Circuit.

Judge Sandra S. Ikuta, writing for the panel, said the 9th Circuit agreed with two other circuit courts that the law authorizing the grants does not give the Justice Department “broad authority to impose any condition it chooses.”

Ikuta, appointed by President George W. Bush, was joined by Judge Jay S. Bybee, also appointed by Bush, and Judge Kim McLane Wardlaw, a Clinton appointee.

Wardlaw wrote separately, saying she agreed the conditions were unlawful but criticizing the majority’s analysis as “contrary to every other court to have addressed the issue in a reasoned opinion.”

Los Angeles City Atty. Mike Feuer called Thursday’s decision “a victory for public safety on our streets and for the Constitution.”

“We will continue to fight the Trump administration’s unlawful overreach and to stand up for the best interests of L.A. residents,” he said.

Los Angeles uses the federal grant to support local criminal law enforcement and drug treatment and enforcement programs.

The immigration conditions would have denied the grant to hundreds of sanctuary cities.

Last year, the U.S. 7th Circuit Court of Appeals upheld an injunction preventing the federal government from applying the immigration conditions. That ruling stemmed from a lawsuit by the city of Chicago.

In another decision this year, the 3rd Circuit also decided the conditions were not authorized by law. That case was brought by the city of Philadelphia.

The grants can be used for technical assistance, strategic planning, research and evaluation, data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support and criminal justice information systems.

The law authorizes $1.1 billion in grants, but funding is generally significantly lower.

According to the National Criminal Justice Assn., Congress appropriated $830 million for fiscal year 2002, but in later years funding for the grants was about $500 million.

 

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

A wiser, more professional, and less ideological future Administration likely could work out agreements with states and localities for mutually beneficial cooperation in the immigration area.

 

But, the Trump Administration’s intentionally toxic and inflammatory White Nationalist rhetoric and actions overtly intended to terrorize local ethnic communities have “poisoned the well.” They have also been bad for legitimate law enforcement; reporting of serious crimes, particularly domestic violence, as well as cooperation in anti-gang efforts, has gone down in localities mindlessly targeted by Trump’s totally politicized DHS.

It’s also significant that conservative Bush-appointed Judge Jay S. Bybee, often the target of liberals because of his involvement in Bush-era attempts to legally rationalize torture, has stood up against the Trump Administration’s lawlessness on several important occasions.

 

PWS

 

11-01-19

 

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

Tanvi Misra
Tanvi Misra
Immigration Reporter
Roll Call

 

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

 

Tanvi Misra reports for Roll Call:

 

DOJ changed hiring to promote restrictive immigration judges

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

Posted Oct 29, 2019 2:51 PM

Tanvi Misra

@Tanvim

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

 

Error! Filename not specified.

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

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

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

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

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

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

DOCUMENT

PAGES

TEXT

Zoom

«

Page 1 of  4

»

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

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

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

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

Want insight more often? Get Roll Call in your inbox

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

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

Volume 90%

 

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

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

Homestead: On the front lines of the migrant children debate

Volume 90%

 

Opaque hiring process

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Politicizing court system

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

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

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

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

Get breaking news alerts and more from Roll Call on your iPhone.

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

PWS

 

10-31-19