WASHINGTON POST EDITORIAL RIPS TRUMP/SESSIONS “GONZO” IMMIGRATION AGENDA AS “ANTI-AMERICAN!”– White Nationalist Inspired Restrictionism Is Suppressing The Real Dialogue We Should Be Having!

https://www.washingtonpost.com/opinions/trumps-crusade-against-immigrants-is-an-attack-on-america/2017/12/03/0ac43dec-d624-11e7-b62d-d9345ced896d_story.html?utm_term=.71780d337509

December 3 at 8:10 PM

THE TRUMP administration likes to justify its multi-front crusade against immigration and immigrants as a revival of the rule of law, or a recalibration of the rules to favor disadvantaged American workers. In fact, it is largely a resurrection of xenophobia that coincides with a spike, nearly 50 years in the making, in the number of foreign-born residents living in the United States.

“For decades,” Attorney General Jeff Sessions said in a speech in October, “the American people have been begging and pleading . . . for an immigration system that’s lawful and serves the national interest. Now we have a president who supports that.”

Mr. Sessions’s claims are specious. An embrace of legality is not the driving force behind the president’s decision to slash the admission of refugees to levels unseen in nearly 40 years. It is not what compelled Mr. Trump to endorse Republican legislation that would cut the annual allotment of green cards by a half-million, mainly by barring relatives of existing legal permanent residents of the United States. It is not why the Pentagon has considered ending a recruitment program that put skilled foreigners on a fast track for citizenship if they served in this country’s armed forces. And it is not why the administration favors ending the so-called diversity visa lottery program, under which immigrants are admitted from nations underrepresented in other programs.

Those programs were all legally enacted and, by and large, carried out in compliance with the law. The animating force in targeting them, as the administration is now doing, is an effort to turn back the tide of foreigners in our midst and exorcise what the president evidently sees as the demon of diversity.

The administration’s goal is not to reshape America’s immigration policy but to prune immigration itself. While Mr. Trump backs a GOP plan that would give preference to immigrants with skills rather than family connections in the United States, the effect would be not simply to shift the mix while maintaining the current level of legal immigration but to drastically reduce overall numbers of admissions.”

. . . .

Unfortunately, Mr. Trump has poisoned the debate on immigration so thoroughly that he has twisted the frame through which many Americans see the issue. His slurs — labeling Mexican immigrants as rapists and Muslim immigrants as terrorists — form the context from which the administration’s policies arise. They are affronts to U.S. tradition and values.

They’re also an assault on what Mr. Sessions refers to as “the national interest” and specifically the United States’ economic well-being. Legions of employers dependent on immigrant workers, especially to fill low-skilled jobs for which native-born Americans are too well educated and in short supply, will be harmed by choking off the flow of immigrant labor. With unemployment at a 16-year low and approaching levels unseen in a half-century, the Trump policies threaten to sap the economy by depriving it of the energy of striving newcomers who have fueled this nation’s ambitions since its founding.

It is within the president’s discretion to intensify efforts at deportation, though the humanitarian price — in shattered communities and families, including those whose children, born in this country, are Americans — is high. It is reasonable to take steps to tighten border security, though with illegal crossings already at a 40-year low and the Border Patrol’s staffing having already been doubled since the George W. Bush administration, a significant new investment along those lines faces the risk of diminishing returns. The administration may arguably have had a valid legal basis for ending the Obama-era program granting deportation protection for “dreamers” — undocumented immigrants who entered the country as children, often brought by their parents — though only a smallish minority of Americans believes they should be removed from this country.

But what value, other than sheer bigotry, is served by reducing the resettlement of refugees in the United States at a time when the number of displaced people worldwide has soared to staggering levels? In a country founded and in many respects shaped by refugees — a country that has resettled some 3 million refugees since 1980, more than any other nation — why does the Trump administration insist on turning its back on them now, when some 17 million people have been displaced from their homes across international borders around the world due to conflict or persecution, the highest number in a quarter-century?

It is clearly jarring to some Americans that the foreign-born portion of the overall population has nearly tripled since 1970. Many communities, towns and cities have been transformed culturally and socially by that surge, about a third of which was driven by illegal immigrants.

In some places, local government budgets have strained to provide services for immigrants, particularly public education, and the economic dislocation felt by many working-class Americans is a fact. But that dislocation is not mostly caused by immigrants. The United States is a more prosperous place today than it was before the surge in immigration, and immigrants have fed that prosperity — by helping to harvest America’s crops, build its cities, care for its young and elderly, and found some of its most buoyant companies.

. . . .The Trump administration’s crusade against immigration and immigrants is not just a quest to diminish the influence of the “other”; it is an assault on the nation’s future and prospects.”

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Read the complete editorial at the link.

This is largely (not entirely — I believe that there is a sound legal basis for continuing DACA, for example) what I’ve been saying all along:

  • Jeff Sessions is a bigoted, xenophobic, anti-American scofflaw whose disingenuous, self-righteous claims to be restoring the “Rule of Law” (that would be the “Jim Crow laws” of Sessions’s Alabama past) are totally outrageous;
  • The real purpose of the Administration’s xenophobic program is to divide and weaken America  by stirring up racial, religious, and ethnic animosities;
  • The “Gonzo,” arbitrary interior enforcement program serves no useful purpose other than playing to the “biases of the base” and the wishes of some (not all) disgruntled immigration enforcement agents for unbridled authority;
  • Our xenophobic anti-immigrant rhetoric and policies are costing us leadership and respect on the world scene (just this weekend, the Administration withdrew from the UN Global Migration Pact);
  • Our past strength as a nation and our future success and prosperity is based on immigration (and, the US clearly has benefitted from BOTH legal and “extra-legal” migration);
  • The Trump Administrations’s rhetoric and actions are preventing us from having the serious discussion we need: how we can better regulate (not cut off, diminish, or eliminate) future legal migration of all types to serve our national interest (and to be more “in tune” with “market realities” that drive much immigration), reflect our humanitarian values and the legitimate needs of current and future migrants, and encourage use of our legal immigration system, thereby diminishing the incentives for extra-legal migration.

As long as U.S. immigration policy remains in the hands of White Nationalist xenophobes like Trump, Sessions, Miller, and Bannon (yes, Stevie “Vlad the Lenin” has vacated his perch in the West Wing, but he continues to pull strings through his White Nationalist disciples Sessions and Miller and to stir the pot through his alt-right “news” apparatus Breitbart News) we won’t get the constructive dialogue and the humane, realistic “immigration reform” that we really  need. In other words, under current leadership, the real “Rule of Law” will continue to be diminished.

PWS

12-04-17

 

HON. JEFFREY CHASE DISCUSSES ASYLUM BASED ON FEAR OF HONOR KILLINGS!

https://www.jeffreyschase.com/blog/2017/12/2/honor-killings-and-particular-social-group

Honor Killings and Particular Social Group

The threat of honor killing may form the basis of an asylum claim.  While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies that a woman’s failure to strictly adhere to a rigid moral code imposed upon her brings such dishonor on her family in the eyes of the community that nothing short of her murder (at the hands of her own family) can restore the family’s “honor.”  The BIA has issued no precedent decisions relating to these types of claims; there are not many published circuit court decisions.  In a recent published decision, Kamar v. Sessions, the U.S. Court of Appeals for the Sixth Circuit reversed the BIA’s incorrect determination that a woman from Jordan who credibly fears an honor killing was not genuinely at risk, and did not show that the government of Jordan was unwilling or unable to protect her.  However, I would like to focus in this article on the particular social group aspects of such claims.

As I have stated in other posts, the BIA established a requirement in its 1985 precedent decision Matter of Acosta that members of a particular social group must share an immutable characteristic.  In a series of later decisions beginning with it’s 2006 precedent  Matter of C-A-, the BIA additionally required cognizable social groups to satisfy its particularity and social distinction requirements.  The former requires that there be a clear benchmark of who is and is not included in the group.  The latter requires that the society in question (i.e. not the persecutors alone) view the members as forming a distinct group.  It is not easy for a group to meet all three of these requirements.

However, I believe that women (and sometimes men) targeted for honor killings must be found to meet all three of these requirements, as they are inextricably built into the social code which gives rise to such horrific actions.  First, being targeted for an honor killing is clearly an immutable characteristic.  The entire reason the society in question requires an act as drastic as murder is that nothing short of eliminating the individual will undo the perceived shame on the family.  There is no lesser form of rehabilitation or restitution available.  Nor will the passage of time or the target’s departure from the society suffice.  USCIS itself states in its own training materials for asylum officers on gender-based persecution that “the family may go to great lengths to pursue women (and men) accused of violating the family’s honor.  Families employ bounty hunters, private detectives and social networks to pursue victims and searches may persist over years.  In cultures with extended family networks over a large geographic area, relocation may offer no real protection.”2  This is the definition of an immutable characteristic.

Additionally, the group satisfies the particularity requirement.  The code giving rise to honor killings (a term which the U.S. Court of Appeals for the Seventh Circuit has called “an oxymoron if we’ve ever heard one”)3 specifies who must be targeted.  In societies in which such killings take place, if a family that adheres to a rigid moral code believes that a female member of the family has behaved in a way that tarnished its reputation to the point that an honor killing is required, the family cannot decide to kill, e.g., the third person that walks down the street, or a more distant relative, or the gardener to achieve the goal of restoring honor.  The code governing such killings is specific as to who must be targeted.

Furthermore, social distinction is a given in such cases, as it is the perception of the society in question itself that is entirely responsible for both the family’s perceived loss of honor and for the “need” to carry out the murder.  It is  the society’s moral code that has been violated by the group member’s behavior; it is the society that has distinguished the violator in a manner that brings shame on her family; and it is the society’s perception that the honor killing is intended to appease.  Therefore, while the asylum officer, immigration judge, or BIA may deny asylum for another reason, if credible, an asylum applicant who fears an honor killing should not be denied based on a failure to meet her burden of establishing membership in a cognizable particular social group.

In order to avoid the Board’s prohibition against the group being defined in a circular manner, it is best not to include the term “honor killing” in the definition of the proposed group itself.  The membership in the group is the reason the person fears persecution.  The definition should therefore generally not include the actual harm feared, because a person is not targeted for an honor killing because they are targeted for an honor killing- this is what the Board terms a circular argument.  However, a person may be targeted for persecution because they are a member of the group consisting of, for example, “women from country X whose behavior is perceived to have brought dishonor on their family by flouting repressive moral norms.”  The honor killing is the type of persecution that the applicant fears as a result of their membership in the group.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

Notes:

1.  On the topic of males targeted for honor killings, see Caitlin Steinke, Male Asylum Applicants Who Fear Becoming the Victims of Honor Killings: The Case for Gender Equality, 17 CUNY L.Rev. 233,(2013).

2.  See USCIS, RAIO Directorate, Combined Training Course, Gender Related Claims Training Module, p. 24 (Rev. 9/26/2011)https://www.uscis.gov/sites/default/files/USCIS/About%20Us/Directorates%20and%20Program%20Offices/RAIO/Gender%20Related%20Claims%20LP%20%28RAIO%29.pdf.

3.  Sarhan v. Holder, 658 F.3d 649 (7th Cir. 2011).

 

 

 

 

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

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My recent blog blog on this same case is here:

https://wp.me/p8eeJm-1IB

Instead of being on the wrong side of the law and history here, why hasn’t the BIA taken the lead in issuing a precedent establishing protection under the INA and the Conventions for these vulnerable individuals?

The was a time when the BIA had the courage to stand up for the rights of the oppressed and take a leadership role in recognizing legal protections.  See Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996). Decisions like Kasinga both saved lives and promoted the fair and orderly administration of immigration, refugee, and asylum laws in accordance with Due Process.

Today’s BIA appears more interested in serving as an apologist for the extreme anti-immigrant policies of Jeff Sessions and the Trump Administration and helping the DOJ’s OIL justify legally questionable positions in the U.S. Courts of Appeals than in standing up for the Due Process and statutory rights of migrants. What’s the purpose of a supposedly deliberative body that seldom visibly “deliberates” and all too often fails to perform its SOLE FUNCTION of “guaranteeing fairness and Due Process for all?”

PWS

12-04-17

 

 

SLAMMED AGAIN: FEDERAL JUDGE GIVES FOREIGN ENTREPRENEURS A VICTORY OVER TRUMP! — The American Economy Wins When Trump Loses!

http://www.businessinsider.com/r-us-judge-rejects-delay-of-foreign-entrepreneur-immigration-rule-2017-12

Reuters Business reports:

“A federal judge on Friday ordered the Department of Homeland Security (DHS) to rescind its delay of a rule that allows some foreign entrepreneurs to stay in the United States to grow their companies, court documents show.

Judge James Boasberg of U.S. District Court for the District of Columbia ruled in favor of a lawsuit filed by a U.S. venture capitalist group in September challenging a delay by DHS of the International Entrepreneur Rule.

In the lawsuit, the National Venture Capital Association argued that the Trump administration bypassed proper procedures when it delayed the International Entrepreneur Rule, which had been due to go into effect in July 2017.

The trade group was later joined by several tech start-ups active in the United States that were founded by foreign entrepreneurs who wanted to stay in the country and work with their businesses through the entrepreneur rule but are now unable to.

The rule, proposed by the administration of President Barack Obama, would allow some foreign start-up founders to stay in the United States for up to five years to develop their businesses.

Instead, in July the administration of President Donald Trump pushed back implementation to March 2018, and said it was “highly likely” to ultimately rescind the rule.

Boasberg, in his ruling issued on Friday, agreed with the lawsuit’s claim that the government’s actions violated the Administrative Procedure Act, which requires advance notice of new rules.

“This decision is an important reminder that this administration must comply with the law and allow the public to have a voice during the agency rule-making process,” Leslie Dellon, an attorney at the American Immigration Council, said in a statement.”

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The “Rule of Law” is nothing but a sick joke to Trump, Sessions, and the rest of the Administration’s “gang of scofflaws.”

PWS

12-02-17

COME HEAR ME SPEAK TO THE WOMEN’S BAR ASSOCIATION OF THE DISTRICT OF COLUMBIA (ALL ARE WELCOME), DECEMBER 14, 2017, ON “THE DUE PROCESS CRISIS IN OUR IMMIGRATION COURTS!”

THE WOMEN’S BAR ASSOCIATION OF THE DISTRICT OF COLUMBIA INVITES YOU TO ATTEND:

The Due Process Crisis in Our U.S. Immigration Courts

Presented by: Immigration Law Forum

Featuring: The Honorable Paul Wickham Schmidt, United States Immigration Judge (Retired)

Join us for an evening with Judge Schmidt, former Chairman of the Board of Immigration Appeals, as we discuss the Due Process-challenged U.S. Immigration Court system, which has jurisdiction over administrative removal and deportation proceedings. In this highly interactive program, Judge Schmidt will illustrate current problems with the system, using real-life case examples, and will offer solutions for change, from his distinguished perspective. This event, which includes a catered networking reception, is perfect for experienced immigration lawyers, non-immigration lawyers, and others who are interested in learning more about this hot topic. Both women and men are encouraged to attend WBA events and join the organization as members.

Date: Thursday, December 14, 2017

Time: 5:30 pm – 8:00 pm

Place: Crowell & Moring

Address: 1001 Pennsylvania Avenue, NW Washington, DC 20004

Metro Stop: Federal Triangle (Blue,Orange), Metro Center (Blue,Orange,Red)

Advance Registration: After 12/11/2017 Members $20 $25 Non-members $30 $35 Student Members $15 $20

Visit www.wbadc.org or fax this flyer to 202-639-8889 to register. Name: __________________________ Address: ________________________ Phone: __________________________ Email: ___________________________ Credit Card: ______________________ Amount: _________________________ Exp Date: ___________ CVV: _________ Signature ___________________________ We share our event registration list with this committee’s co-chairs so they can keep you informed of future programs. Emails are used ONLY for WBA purposes. Check here if you DO NOT want your email shared. ______

To register online, go to

https://www.wbadc.org/calendar_day.asp?date=12/14/2017&event=1413

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PWS

12-10-17

“FEARLESS LAWYERING” — Those With AILA Access Can Now Get This Three-Part Video Series Featuring Practice Advice From & Conversations Among Retired U.S. Immigration Judges Sarah Burr, William Joyce, Eliza Klein, & Me!

Here’s the link! Check it out!

http://www.aila.org/publications/videos/fearless-lawyering-videos/three-part-video-series-on-fearless-lawyering-with?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily

PWS

11-30-17

INSIDE EOIR: THE REEMERGENCE OF “THE GREAT SANTORINI” – Could Judge Chris Santoro’s Reputed Takeover Of The Law Library and Training Functions At Headquarters Be Some Good News For A Beleaguered Court System & Its “Customers?”

It’s been a tough year for EOIR, the agency of the U.S. Department of Justice that oversees the U.S. Immigration Court system. (Although, admittedly, probably not as tough for EOIR as for the many individuals forced to count on EOIR for potentially life-saving due process who were short-changed and the often disrespected attorneys representing, or trying to represent, them.)

 

The backlog has continued to mushroom to more than 640,000 cases with no end in sight; new Immigration Judge hiring and courtroom expansion continued to lag; e-filing remains a pipe dream; recently retired former Director and BIA Chair Juan Osuna died suddenly and unexpectedly; and a new Attorney General took office who apparently views the Immigration Courts not as a “real” judiciary charged with acting independently to protect the due process and other legal rights of migrants, but rather as a mere “whistle stop on the DHS deportation express.”

 

But, at least some good news could be in the offing. Reportedly, Judge Christopher A. “The Great Santorini” Santoro, who currently serves as the Acting Chief of Staff for the Acting Director of EOIR, Judge James McHenry, will assume overall responsibility for the BIA’s Law Library (which includes the highly-regarded “Virtual Law Library”) and the Judicial Training Program. Both important functions will be “relocated” to the Office of Policy in the Director’s Office.

 

Judge Santoro served as the Assistant Chief Immigration Judge for the Arlington Immigration Court during some of my tenure there and later went on to be an Acting Deputy Chief Immigration Judge before mysteriously disappearing for a time into the bowels of the EOIR bureaucracy (becoming essentially a “bureaucratic non-person” – off the organizational “depth charts”). He subsequently was “rehabilitated” and reappeared last spring when Acting Director McHenry appointed him Acting Chief of Staff.

 

Judge Santoro has a stellar reputation for hard work, efficiency, sound administration, and creative problem solving. In Arlington, he was viewed as a “trial judges’ judge” who devoted himself to supporting the judges and resolving problems while not interfering with the things that were working.

 

He also provided unprecedented feedback and guidance about what was “really happening at The Tower” – normally a “dark hole” for field judges. During my illness, he, along with my colleagues Judge Roxanne Hladylowicz and Judge Robert Owens, pitched in and handled some of my Master Calendars so they didn’t have to be rescheduled. I always found him to be totally supportive and responsive, as well as a great colleague. He cared deeply about and paid attention to the hard-working and underappreciated court staff. He is known as a manager who in the words of one former employee will likely “put competent people in charge and let them do their jobs.”

 

The Law Library has been under the outstanding leadership of Head Law Librarian Karen L. Drumond dating back to my tenure as BIA Chair (1995-2001). The upgrading of the Law Library, hiring of additional staff, and the creation of the Virtual Law Library were carried out with the encouragement and enthusiastic support of then-Director (and later BIA Member) Anthony C. “Tony” Moscoto. Tony correctly envisioned changing the previously, rather ignored, BIA Law Library into a major research aid for the Immigration Judiciary as well as a help to the public and a repository for certain historical materials about the BIA and EOIR’s history.

 

The Virtual Law Library, in particular, has been widely acclaimed as an important research tool in the world of immigration law. I still use the public version on a regular basis and recommend it to my students and others as a great resource!

 

Assistant Chief Judge Jack Weil has very capably managed the EOIR Judicial Training Program for years. However, despite Judge Weil’s best efforts, training too often fell victim to budget shortages or other bureaucratic impediments. Unfortunately, it has been, quite incorrectly, considered a “low priority” within the bureaucracy.

 

Immigration Judge Training hit bottom this past year when the incoming Administration without explanation cancelled critical in–person nationwide training for Immigrating Judges — the only real CLE and training that most Judges receive during the year. This was notwithstanding the arrival of many newly hired Immigration Judges who have never had a chance to attend a nationwide training conference or, indeed, even to meet the vast majority of their judicial colleagues!

 

I know that Judge Santoro takes legal research, professional excellence, fairness, and training very seriously. Indeed, while at the Office of Chief Immigration Judge he “directed” several “new judge training videos” with an all-star cast including some of our multi-talented former Arlington Judicial Law Clerks.

 

Generally, I interpret bringing the Law Library and Judicial Training functions under the Director’s Office and selecting a “total judicial management pro” like Judge Santoro to lead them as a positive sign for EOIR and the immigration world. Hopefully, the Law Library and Judicial Training will prosper and expand under Judge Santoro’s leadership to meet the challenges of the 21st Century.

 

“Job One” at EOIR is NOT about removing migrants at record paces, denying more asylum applications, or deterring future migrants. No, it’s all about fairness, scholarship, timeliness, respect, teamwork, and delivering Due Process and even-handed justice to some of the most vulnerable individuals in America.

Currently, EOIR is failing to discharge its critical duties to guarantee fairness and due process in the manner one would expect from one of the largest, perhaps the largest, and most important Federal Court systems. Hopefully, Judge Santoro will be part of the solution to the problems facing EOIR and those whose lives and futures depend on it.

PWS

11-29-17

GONZO’S WORLD: ADMINISTRATION OF SCOFFLAWS – TRUMP & SESSIONS CONTINUE TO CLOG COURTS WITH FRIVOLOUS ANTI-IMMIGRANT LAWSUITS ON PREVIOUSLY REJECTED THEORIES!

https://www.aclu.org/blog/immigrants-rights/trump-and-sessions-keep-trying-institute-anti-immigrant-policies

Ruthie Epstein reports for ACLU online:

“They just can’t win.

Since taking office, President Donald Trump and Attorney General Jeff Sessions have been trying illegally to strong-arm law enforcement agencies across the country into colluding with the Department of Homeland Security’s mass deportation agenda. But the courts have blocked them every step of the way.

President Trump took his first shot across the bow just a few days after inauguration. A single provision buried in Executive Order 13768 threatened to cut off all federal funds to so-called sanctuary cities. The provision was broad and undefined. It appeared to target jurisdictions that have adopted a range of lawful and sensible law-enforcement policies.

A federal court in California quickly put the executive order’s provision on hold. And last Monday, after months of hearings, the court permanently blocked the unconstitutional provision, ruling that it violated separation of powers, the Constitution’s Spending Clause, and the Tenth Amendment. The court also ruled that the provision was unconstitutionally vague. The judge in the case wrote that “[f]ederal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the President disapproves.” The government has appealed this case to the Ninth Circuit Court of Appeals, but for the time being, the president cannot carry out his threat.

Attorney General Sessions tried another way to coerce local governments into adopting anti-immigrant policies. His strategy was to attach new conditions to existing federal law enforcement grants. In July, he announced that recipients of Byrne Justice Assistance Grant (JAG) funds, which support a wide range of local programs including indigent defense, crime prevention, and drug treatment, would henceforth be required to allow Immigration and Customs Enforcement (ICE) agents to enter jails to interrogate inmates and provide 48 hours’ notice of an inmate’s release date if ICE requests it.In September, a federal court in Chicago blocked these conditions nationwide, ruling that the Justice Department had no authority to impose new requirements on the grant money – that’s the job of Congress. Again, the Trump administration has appealed to the Seventh Circuit. Earlier this month, a federal court in Philadelphia also ruled that these new conditions are illegal.Not to be discouraged, Sessions tried the same tactic with a different pot of Justice Department money. In September, he announced that applicants for Community Oriented Policing Services (COPS) Office grants would receive preferential consideration if they cooperated with ICE’s interrogation and notification demands. Last week, the Justice Department announced more than $98 million in COPS grants to hire 802 new full-time law enforcement officers across the country — and claimed that 80 percent of the grantees had agreed to cooperate with the feds on immigration enforcement. COPS funds are intended to help build trust between communities and law enforcement. Instead, Sessions is trying to incentivize police departments to do the exact opposite – discouraging immigrants from contacting the police if they are victims or witnesses to a crime, for fear that they or their family members might be detained and deported.

And sometimes Sessions resorts to naked threats. Since August, the Justice Department has sent at least two rounds of letters to states and local jurisdictions it deems to have insufficient immigration policies. The letters are impressive in their desperation, proposing a new and expansive interpretation of federal law that would strip Byrne JAG funds from almost any local law enforcement agency that limits entanglement with federal immigration enforcement. They are meant to frighten cities and states into agreeing to dedicate government personnel and taxpayer dollars to help the federal government advance its harsh vision of immigration enforcement — but, as its repeated losses in courts confirm, the Justice Department’s legal footing is weak.

With these letters, the administration continues its campaign to harass cities and states that support immigrant communities and advance public safety by focusing their efforts locally and leaving federal immigration enforcement to the feds. The law, however, is clear: Trump and Sessions cannot force state and local governments to do their bidding, no matter how hard they try.”

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Although Gonzo sanctimoniously and disingenuously pontificates about the “rule of law” and lobs restrictionist-inspired grenades about “dirty immigration lawyers,” in fact Gonzo and Trump are the one engaging in gross abuses of the  U.S. legal system in support of an illegal, racist, White Nationalist Agenda.
Because of the rules giving wide latitude to those in political positions, it’s doubtful that either one of these anti-American zealots will ever be held fully liable for his actions. But, their misguided campaign can be thwarted if enough of us who believe in the Constitution and representative government  “Just Say No” to their antics.
PWS
11-27-17

ICE’S “IN YOUR FACE” COURTHOUSE ARREST POLICY ERODES OUR CONSTITUTOINAL SYSTEM OF JUSTICE!

https://www.nytimes.com/2017/11/26/opinion/immigration-ice-courthouse-trump.html?em_pos=large&emc=edit_ty_20171127&nl=opinion-today&nlid=79213886&ref=headline&te=1&_r=0

PROFESSOR CÉSAR CUAUHTÉMOC GARCÍA HERNÁNDEZ writes in the NY Times:

“At the door of the Lindsey-Flanigan Courthouse in Denver one Friday in April, federal Immigration and Customs Enforcement agents tackled a man to the ground. A chilling video shows the man — who, according to his lawyer, was there to deal with a traffic ticket — yelling “No!” “My hand!” and “Why?” in Spanish. Sheriff’s deputies order passers-by to stand back, and the violent arrest continues.

The next month, ICE agents returned and arrested another man. His lawyer can be heard in a video of the incident asking the agents if they had a warrant. One responds, “Yes, sir.” The lawyer asks, “Can I see it?”

The agent’s response: “No, sir.”

Both men, according to their lawyers, were taken to immigration detention centers.

This type of arrest is on the rise. Lawyers and judges in Arizona, California, Colorado, Connecticut, New Jersey, New York, Oregon, Texas and Washington all reported in the first year of the Trump administration that immigration officials were breaking with tradition to descend upon their courthouses. Such arrests in New York have increased by 900 percent in 2017, according to the Immigrant Defense Project.

This is a deeply worrisome trend because arrests at courthouses don’t just derail the lives of the unsuspecting people who are detained, they threaten the very operation of our judicial system. Such arrests scare people away from the courts, keeping them, for example, from testifying at trials or seeking orders of protection. By using this tactic, the nation’s lead immigration law enforcement agency is undermining a pillar of our democracy.

. . . .

Courthouses have a special place in American society. It’s only in a court of law that we can be confident that disputes will be mediated deliberately, and according to a set of rules intended to ensure justice for all parties. As the Supreme Court declared in 1907: “The right to sue and defend in the courts is the alternative of force. In an organized society it is the right conservative of all other rights, and lies at the foundation of orderly government.”

The pursuit of justice depends on getting the parties in the same room. That’s why courts have the power to drag in unwilling participants with subpoenas. They can compel witnesses to testify or risk contempt charges. Courts rely on their hard-earned legitimacy as the rightful locations for resolution of disagreements.

Courthouse arrests by ICE deter not only undocumented immigrants but also people who are here legally but are nervous that they might have somehow compromised their status (or that an officer will think they have). That’s a nuance that is next to impossible for the average person to discern, and those complicated legal questions are exactly what immigration judges spend a lot of energy trying to answer.

. . . .

The harm this causes is bigger than the people whom ICE arrests. United States citizens are not immune to the impact of ICE activity in courthouses. All of us — including those of us who could easily prove our immigration status — depend on courts to do their job, and all of us suffer if the fear of ICE keeps people away.

ICE understands its actions can paralyze important institutions. Longstanding ICE policy discourages questioning or arresting people in schools and churches. It is time to add courthouses to that list. But top administration officials have vigorously defended courthouse arrests.

With no change to federal policy in sight, it is up to cities and states to push back. Elected officials must take seriously their legal obligation to keep courthouses accessible. In addition, the cities and states that own and operate most courthouses and ensure that no one uses their courts in a way that halts judicial business — protesters can’t block the doorway, bail bondsmen aren’t allowed to set up shop in the lobby — should do the same here for immigration agents.

ICE should no longer get free rein to tackle, handcuff and haul away immigrants, sending a message to others that they should think twice before trusting in the courts.

 

THE GIBSON REPORT — 11-27-17

GIBSON REPORT, 11-27-17

HEADLINES:

“TOP UPDATES

 

Decision to terminate the TPS designation for Haiti

DHS: “Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. This decision follows then-Secretary Kelly’s announcement in May 2017 that Haiti had made considerable progress, and that the country’s designation will likely not be extended past six months.”

 

The “Sanctuary” Battle Continues: Court Permanently Enjoins Executive Order Sanctuary Provisions

ImmProf: “A federal judge has permanently blocked President Donald Trump’s executive order to cut funding from “sanctuary cities,” cities that limit cooperation with U.S. immigration enforcement authorities.   U.S. District Court Judge William Orrick issued the ruling [] in lawsuits brought by two California counties, San Francisco and Santa Clara. Judge Orrick said Trump cannot set new conditions on spending approved by Congress.  The ruling is here.  Download Summary-Judgment

 

Debate over whether DACA will be addressed in spending bill

CNN: “Durbin and Graham remained flexible as to whether the immigration deal would decide their votes. If Congress is unable to pass a spending bill by midnight on December 8, the government will shut down.”

See also: With chances of immigration deal fading, Dreamer supporters mount big push

 

How Trump is building a border wall that no one can see

WaPo: “Across agencies and programs, federal officials are wielding executive authority to assemble a bureaucratic wall that could be more effective than any concrete and metal one.”

 

Police in Trump-supporting towns aid immigration officials in crackdown

Reuters: “Dozens of police departments in the United States have been granted new powers, or are seeking them, to check the immigration status of people they arrest, aiding President Donald Trump’s broad crackdown on people living in the country illegally.”

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·                4/30/17 Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)

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PWS

11-27-17

HAS CONGRESS BECOME IRRELEVANT? – Dan Balz Explains How With No Big Legislation To Date, Trump Is Successfully Implementing His White Nationalist Agenda!

https://www.washingtonpost.com/politics/how-trump-is-really-changing-things/2017/11/25/a5dbc1b2-d1f4-11e7-a87b-47f14b73162a_story.html?utm_term=.3c01b91b4c2b

Balz writes in the Washington Post:

“It has been a long and unproductive year for President Trump. Repealing and replacing the Affordable Care Act cratered. The wall on the U.S.-Mexico border hasn’t been built or even funded. Tax reform, though moving forward, is still well short of a Rose Garden signing ceremony. Despite unified Republican control of government, Trump’s got little to show for it.

Yet it has also been a long and quite productive year for the president. He has dramatically changed the direction of federal policy toward the environment, the energy industries, immigration, education, civil rights, trade and the federal workforce, and he is rapidly remaking the federal court system. What President Barack Obama started in many of these areas, Trump has started to reverse.

The president’s tweets draw outsize attention to his grievances and his petty feuds. The absence of notable legislative successes focuses criticism on his style of leadership. Those realities overshadow what he has done and is doing unilaterally, to the extent of his executive powers. In other ways, his presidency seems unique. In the arena of executive action, he is pursuing a model established by his recent past predecessors, with worrisome consequences to constitutional governance.

That’s the conclusion of an essay in the most recent issue of the Forum, a nonpartisan journal of ideas and political analysis. Sidney M. Milkis and Nicholas Jacobs, both of the University of Virginia, argue that Trump’s deployment of what they call “executive-centered partisanship” is both in keeping with the modern presidency and a potentially damaging shift in our politics.

The authors take note of Trump’s acceptance speech at the Republican National Convention, where he said that he, an outsider, knew better than anyone how to solve the problems of broken government. “Nobody knows the system better than me,” he said. “Which is why I alone can fix it.”

The first year of his presidency appears to make a mockery of that statement, given the problems he’s had in Congress and the fact that his approval ratings are the lowest of any president at this point in his term as far back as there was polling.

Yet, as the authors note, “Often overlooked among the disappointments and recriminations of Trump’s frenzied beginning is his administration’s aggressive and deliberate assault on the Liberal state. . . . Since day one, Trump has forcefully — and sometimes successfully — taken aim at the programmatic achievements of his predecessor.”

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Read the complete article at the link.

Immigration is one of the key areas in which Trump has been able to change the landscape and undo much of Obama’s legacy without any significant legislative changes. And, there is no obvious reason why he can’t keep it up. Unlike other areas, Trump has his own “captive” Federal Immigration Judiciary, run by Jeff Sessions. And, Congress has proved unwilling, unable, or both to wade into significant immigration legislation for more than a decade.

PWS

11-26-17

 

HON. JEFFREY CHASE SPEAKS OUT AGAINST EXPEDITED REMOVAL!

Expedited Removal is Not the Answer to the Backlog

With the immigration court backlog at over 600,000 cases and rising, immigration law commentator (and fellow BIA alum) Nolan Rappaport recently suggested that the present administration might view the  increased use of expedited removal as “the only viable alternative” to shrink the swelling tide of cases. My fellow blogger Paul Schmidt has opposed such approach; I wish to join him in adding my arguments as to why the expansion of expedited removal would be unacceptable.

If the criminal court system were to be flooded to the breaking point, the solution could not be to let supervisory police officers decide which defendants might have a reasonable enough chance of being found innocent and get to go to court, and just find the rest guilty without the right to a trial.  However, that is pretty much the premise of expedited removal.  An overwhelming volume of cases cannot be used to justify the stripping away of due process protections.

Our immigration courts have evolved significantly over the decades.  Deportation hearings were once conducted by “special inquiry officers,” who were attorneys working for the INS.  Beginning in 1973, immigration judges began presiding over hearings.  In 1983, those judges were separated from the INS into a separate adjudicatory agency, EOIR.  In 2002, INS was moved into three components within the newly-created DHS, while EOIR remained in the Department of Justice.  The strong motive behind these developments was that the agency charged with enforcement was not suited to serve as a neutral factfinder and decision maker.  Increasing the scale of expedited removal would undo the above progress and return decision-making into the hands of the enforcement branch – the legal equivalent of having the fox guard the hen house.

Immigration judges render decisions independently, with no pressure or influence from their higher-ups.  This is not true of asylum officers.  I had one case years ago in which the asylum officer’s supervisor so adamantly opposed the grant of asylum that the officer had to wait until the supervisor went on vacation, and then had the acting supervisor sign off approving the grant.  I have also heard of an asylum office director pressuring the staff to grant fewer cases in order to bring the office’s grant rate closer to the lower grant rate of another asylum office.  Furthermore, to the extent that those seeking expedited removal are able to obtain counsel in the short time frame provided (and while detained, sometimes in remote settings), asylum officers allow attorneys a greatly reduced role in the process.  In immigration court, the attorney makes legal arguments and objections, questions the respondent, and lays the foundation for documents to be offered into evidence.  Even in full asylum office interviews, attorneys are relegated to sitting in the back row and taking notes.  As the government’s own statistics show that represented asylum seekers are twice as likely to be granted relief, the asylum office’s minimizing of the attorney’s role clearly lessens the asylum seeker’s chance of success.

Expedited removal has really never worked well.  In opposing its implementation in the mid-1990s, myself and other advocates argued that the legal threshold – the newly-created “credible fear” standard – was problematic.  When the 1980 Refugee Act adopted the legal standard of “well-founded fear” for asylum claims, INS interpreted the term to mean “more likely than not;” it took seven years of litigation and a decision of the U.S. Supreme Court to correctly define the standard as requiring only a 10 percent chance of persecution.  But expedited removal asked us to trust the same INS to properly interpret the vague new “credible fear” standard, and this time without the right to seek judicial review.  Not surprisingly, so many mistakes were made after the standard was implemented that by mid-1997, the then INS director of asylum instructed asylum officers to simply find all applicants professing a fear of persecution to have met the credible fear standard.  Those who claimed no fear in their countries were summarily removed; INS claimed that the majority of arrivees were in this latter group.

But where they really?  A person arriving in this country only gets a credible fear interview if they indicate to the Customs and Border Patrol (CBP) officer who first encounters them that they fear return to their country.  Two studies conducted over a decade apart by the U.S. Commission on International Religious Freedom, a government entity, found serious problems with the screening process of those arriving but not found admissible to the U.S.  According to USCIRF, some arrivees were never asked whether they feared return; others who were asked and responded in the affirmative had “no” recorded in their statements, which were often not read back to them.  The USCIRF report cited instances in which those wishing to seek asylum were pressured into signing inaccurate statements, or even into retracting their fear claims and withdrawing their applications for admission.

The answer to the immigration court backlog is clearly not to subject more people to the flawed and biased expedited removal system in lieu of  removal hearings.  To my knowledge, every other high volume court employs prosecutorial discretion and stipulated settlements to lessen the case load.  Plea bargains are employed in everything from murder to traffic court cases.  Under the Obama administration, prosecutorial discretion was employed in immigration court and significantly helped prosecutors and judges deal with the caseload.  For unknown reasons, the present administration has ended this useful practice.  DHS attorneys are also being instructed to oppose requests to terminate proceedings made by those wishing to leave the U.S. to attend immigrant visas abroad.  These intending immigrants want to leave the country, and will only be allowed to return legally if they are found by a U.S. consular officer to be qualified and admissible to this country; under the prior administration, termination under these circumstances was readily agreed to by DHS.  At the same time DHS is forcing so many immigrants to unnecessarily remain in removal proceedings, the agency will not put into proceedings those who want to be there in order to apply for certain types of relief that may only be granted by an immigration judge, such as cancellation of removal.  Preventing immigrants from obtaining legal status to which they might be entitled seems suspiciously consistent with the present administration’s desire to stem the pace of naturalization in order to preserve the voting bloc that brought them to office last year.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

 

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

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Thanks, Jeffrey. Not surprisingly, I agree with everything you are saying!

There are no “silver bullet” solutions to backlogs that have built up over years and are largely the result of Congressional indifference, administrative incompetence, and improper political meddling by the Department of Justice over at least the last three Administrations. This has caused what I have termed “Aimless Docket Reshuffling” (“ADR”). Punishing the innocent “consumers” of services, the immigrants, by depriving them of Due Process is clearly not the answer.

I also agree with Jeffrey that eventually the answer will require:

  • Restoration of a “robust” ICE “PD program” to take off the docket large numbers of cases that don’t really belong in Immigration Court;
  • Far greater efforts by the DHS and USCIS to resolve deserving cases such as adjustment of status, asylum, T visas, U visas, ands SIJ visas favorably internally without resorting to the Immigration Courts;
  • Reduced use of immigration detention, and concerted efforts by the Government to schedule Immigration Court cases in a manner that best insures the reasonable access to pro bono legal services;
  • Realistic immigration reform legislation that will allow the bulk of the approximately 11 million supposedly “undocumented” individuals who have been residing in a productive and law-abiding manner in the U.S. to be granted some type of legal status (preferably with, but if necessary without, a specific path forward to citizenship);
  • Common-sense modifications in existing law to allow individuals who otherwise now qualify for permanent immigration to do so without the “unlawful presence” bar;
  • Restoration of the so-called “section 245(i) program” allowing such individuals to adjust status in the U.S. by paying a substantial “penalty fee;”
  • Substantially more resources for the U.S. Immigration Courts, but distributed in  a measured, professionally competent, and reasonable manner over time.

PWS

11-24-17

 

GONZO’S WORLD: “MINISTRY OF INJUSTICE” — How Gonzo Is Successfully Draining Justice From The Department Of Justice

https://www.nbcnews.com/think/opinion/jeff-sessions-slowly-surely-undoing-america-s-criminal-justice-progress-ncna823126

James Braxton Peterson reports for NBC News:

“The Russia investigation may be undercutting Attorney General Jeff Sessions’ credibility, but it has not undermined his efforts to take the U.S. Justice Department back in time.

The time Sessions wants to go back to features an unforgiving system of mass incarceration that disproportionately targets people of color in a legal structure too often stacked against them.

To do this, the attorney general has issued a slew of policy rollbacks — unfortunate for a Justice Department that was only incrementally making progress toward equal justice under President Barack Obama and Attorney General Eric Holder.

In this sense, Sessions’ Justice Department might be the most effective unit of the Trump administration. If Trumpism’s goal is, at least in, part to destroy the progress achieved under the Obama administration, Sessions’ scorecard so far outstrips his GOP colleagues in the Cabinet and former colleagues in the Senate.

In March, for example, the nation’s top law enforcement officer visited St. Louis, next-door to Ferguson, ground zero for the Black Lives Matter movement. Sessions was in St. Louis talking about crime initiatives but also seeming to criticize one of the most useful tools for documenting police brutality: civilian cell phone videos. The choice of venue could not have been a coincidence. By focusing on “targeted police killings,” he deflected attention from the challenges now confronting law enforcement.

In fact, Sessions has had little to say on how the Justice Department might address matters of police brutality, much less on the matter of Black Lives Mattering. Instead, he has mostly showcased President Donald Trump’s belief that strong policing and incarceration are key to maintaining law and civil order.

. . . .

It is as if Sessions’ Justice Department is operating on a set of alternative facts. Because the statistics are well known: Whites and blacks use and sell drugs at roughly the same rates, and African Americans make up roughly 13 percent of the U.S. population. Yet law enforcement records are remarkably different for each demographic. According to Human Rights Watch: “Black adults are more than two-and-a-half times as likely as white adults to be arrested for drug possession. In 2014, Black adults accounted for just 14 percent of those who used drugs in the previous year but close to a third of those arrested for drug possession.” In many states, a felony conviction also means losing the right to vote.

It is as if Sessions’ Justice Department is operating on a set of alternative facts.

Sessions looks eager to re-open the “war on drugs” — or, more appropriately, the war on poor people who use drugs. No available metric on this decades-long war shows any significant success in limiting access to drugs in the United States or in reducing addiction to controlled substances.

What the “war on drugs” has been good at is: stigmatizing poor people afflicted with the disease of addiction; profiling black and brown folks and arresting them at rates exponentially greater than their white counterparts; and creating revenue streams for the Prison Industrial Complex.

. . . .

Sessions’ success will be key if Trump wants to make good on his law-and-order promises.

Sadly, it is working. The Justice Department is slowly transforming into an injustice department right before our eyes.

Mass incarceration, its impact on families and communities and the often racially biased ways in which its policies operate is still one of the most pressing human rights issues of our time. It’s a shame that, in the era of Trump, we are unable to effectively address the challenges we face.

James Braxton Peterson is the author of three books, including “Prison Industrial Complex for Beginners.”

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Read Peterson’s full article at the link.

Peterson doesn’t even get into Gonzo’s brazen attacks on justice for Latinos, immigrants, Dreamers, refugees, LGBTQ individuals, so-called “Sanctuary Cities,” lawyers, reporters, Federal Judges, critics of the Administration, forensic science, private property, or users of legalized marijuana. And, he only mentions in passing Gonzo’s disingenuous statements on Russia and his lackadaisical handling of the real threats Russia poses to our national security. Grim as Peterson’s article is, it actually substantially understates the true carnage that Gonzo is inflicting on our Constitution and our system of justice. It could turn out to be irreparable!

Senator Liz Warren was right!

PWS

11-24-17

LOCAL “DREAMERS” FILE SUIT OVER DHS’S UNFAIR RENEWAL POLICIES!

https://www.washingtonpost.com/local/public-safety/lawsuit-argues-dreamers-unfairly-lost-chance-to-renew-legal-status/2017/11/21/99712c46-ce0c-11e7-a1a3-0d1e45a6de3d_story.html?utm_term=.8dd03195afb6

Rachel Weiner reports in the Washington Post:

“At 26, Nurimaro Park was living paycheck to paycheck, helping support his undocumented parents on a tutor’s salary. So when his work permit expired in May, he waited to renew it because the rules allowed for that. He needed time to save up the $495 fee.

Now, he and thousands of others who let their Deferred Action for Childhood Arrivals permits expire are without legal status in the United States. He and another young immigrant in Northern Virginia are suing the Trump administration in federal court in Alexandria, saying their due process rights have been violated.

“You can’t change the rules on someone without giving them a heads-up first,” said Simon ­Sandoval-Moshenberg, an attorney for the Legal Aid Justice Center representing the two.

Until September, DACA recipients, known as “dreamers,” could file a renewal of their two-year permits up to a year after expiration, a policy laid out on the U.S. Citizenship and Immigration Services website.

“Money is a huge issue; $495 is hard to save up,” said Park, who lives with his parents in Fairfax County. “You have a year of grace period . . . and I was taking advantage of that.”

Nurimaro Park meets with his attorney, Simon Sandoval-Moshenberg, right. (Michael Robinson Chavez/The Washington Post)

Then, on Sept. 5, Attorney General Jeff Sessions announced that the program would end in six months. Although immigrants whose permits are set to expire before March 5 were given the chance to renew them one last time, anyone whose permit had already expired could not.

The DACA program, created by President Barack Obama in 2012, allowed hundreds of thousands of immigrants brought to the United States as children to work legally and attend college.”

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Read the complete article at the link.

Fresh off a big victory on bonds in Romero v. Evanshttps://wp.me/p8eeJm-1JD

Simon ­Sandoval-Moshenberg, and the Legal Aid Justice Center are out to correct another injustice. Not surprisingly, Attorney General Jeff “Gonzo Apocalypto” Sessions and his “Anti-Dreamer Crusade” are at the center of this controversy.

 

PWS

11-22-17

DETENTION/BOND: THE “NEW DUE PROCESS ARMY” WINS A BIG ONE IN THE EDVA – Judge Brinkema Orders Individualized Bond Hearings For Four Individuals With “Reinstated” Removal Orders Now In “Withholding Only Proceedings!” — Romero v. Evans, ___ F. Supp. 3d ___, 2017 WL 5560659 (EDVA 11-17-17) (published)

Romero v. Evans, ___ F. Supp. 3d ___, 2017 WL 5560659 (EDVA 11-17-17) (published)

U.S. District Judge Leonie M. Brinkema

ATTORNEYS FOR RESPONDENTS: Ivan Yacub, Yacub Law Office, Woodbridge, VA, Nicholas Cooper Marritz, Legal Aid Justice Center, Falls Church, VA, Simon Yehuda Sandoval–Moshenberg, Simon Sandoval Moshenburg, Falls Church, VA, Rachel Colleen McFarland, Legal Aid Justice Center, Charlottesville, VA, Mark Alastair Stevens, Murray Osorio PLLC, Fairfax, VA, for Cristian Flores Romero, et al., Petitioners

KEY QUOTES (From Westlaw Version):

“Moreover, Congress clearly intended to have § 1231 govern only the final logistical period, in which the government has actual authority to remove the alien and need only schedule and execute the deportation. Congress has specifically limited the normal “removal period” to 90 days, a limitation that makes sense if the removal period is only meant to govern the final logistical steps of physically removing an alien. Based on the length of petitioners’ detentions to date, it is obvious that withholding-only proceedings take substantially longer than 90 days. As such, it would be contrary to congressional intent to shoehorn a class of aliens whose proceedings will typically far exceed 90 days into the “removal period” for which Congress has specifically intended a 90–day limit.”

. . . .

All told, this petition presents a difficult question of statutory interpretation. Although respondents’ arguments have some merit, petitioners’ position, which attempts to harmonize § 1226 and § 1231 by locating the dividing line between the two sections as the moment when the government has final legal authority to remove the alien, better accords with the text, structure, and intent of the relevant provisions. Accordingly, the Court concludes that petitioners are detained under § 1226(a), not § 1231, and therefore are entitled to individualized bond hearings. For the reasons stated above, respondents’ Motion to Dismiss in Part will be granted, petitioners’ Motion for Summary Judgment will be granted, and respondents’ Motion for Summary Judgment will be denied by an appropriate Order to be issued with this Memorandum Opinion.”

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Those with full Westlaw and/or PACER access can get Judge Brinkema’s full opinion at those sites.

There were quite a few of these “Withholding Only” cases on the Detained Docket when I was at the Arlington Immigration Court. I imagine there are even more now. So, this decision could have a major impact.

Judge Brinkema noted quite correctly that withholding-only proceedings take substantially longer than 90 days.” In other words, “real due process” can’t be rolled off the “judicial assembly line” like it is in some Border Detention Courts where most of the respondents are unrepresented and many are essentially “duressed” by prolonged detention in poor conditions, intentional lack of access to legal assistance, and orchestrated inaccessibility of material evidence into giving up viable claims for protection under our laws.

Nice work by the NDPA “Legal Team!” I know each of the attorneys personally from their work in my courtroom, my classroom, or my “CLE outreach” since retirement. This just continues to demonstrate how “good lawyering” from “outstanding attorneys” can turn potential losers into “winners.”

That’s why the “Sessions Proposals” to “speed up” the U.S. Immigration Judges and put more roadblocks in the way of pro bono legal representation and full due process hearings are so invidious. We need an independent Article I Immigration Court fully committed to Constitutional Due Process! And, we need it now!

PWS

11-22-17

GONZO’S WORLD: POST PANS GONZO’S ILL-ADVISED, ILLEGAL, & ILLOGICAL ATTACKS ON “SANCTUARY CITIES!” — Against The “Public Interest!”

https://www.washingtonpost.com/opinions/jeff-sessions-keeps-waging-his-failing-war-against-sanctuary-cities/2017/11/21/00add736-ce2d-11e7-81bc-c55a220c8cbe_story.html

From today’s Washington Post editorials:

“IN ITS crusade against so-called sanctuary jurisdictions, the Trump administration is on an impressive judicial losing streak, having been slapped down in federal courts from San Francisco to Philadelphia. It remains undeterred, as the Justice Department girds for more battles whose stakes — a few million dollars in federal funds withheld from offending cities — make a mockery of the dire rhetoric deployed by officials in Washington.

The administration is wrong on the law and the principle. It has no valid legal justification for its insistence that state and local law enforcement officers act as proxies for federal immigration agents and no basis for threatening to withhold funding if they refuse. By seeking to compel such conduct, the administration ignores police and prosecutors who warn that driving a wedge between law enforcement and immigrant communities will erode public safety. On Monday, a federal judge in San Francisco permanently blocked President Trump’s executive order seeking to deny funding to uncooperative localities, but the administration shows no sign of giving up the fight.

. . . .

Most jurisdictions seek to balance information-sharing and other forms of cooperation with federal authorities with their interest in forging ties to immigrant communities. The judge in Philadelphia, in ruling against the administration’s threat to withhold funding, found the city had done just that, creating no conflict.

As it happens, the grants the feds wanted to withhold in that case would have covered, among other items, drugs used by first responders to save the lives of opioid overdose victims. How would that have been in the public interest?“

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Read the complete editorial at the link.

Gonzo’s extreme White Nationalist, xenophobic agenda drives him to waste the courts’ time and the public’s resources on wasteful and counterproductive publicity stunts while our country’s real law enforcement problems (like, for example, combatting foreign interference in our electoral process, combatting racial profiling in policing, protecting the rights of the LGBTQ community, fixing the due process crisis in our Immigration Courts, or addressing the causes of opioid addiction and gang violence in communities) go largely unaddressed.

PWS

11-22-17