https://www.cnn.com/2019/01/25/politics/sullivan-asylum-ruling/index.html
Dan Berman reports for CNN:
Washington (CNN)Federal Judge Emmet Sullivan on Friday rejected a Justice Department request to stay his earlier ruling blocking the Trump administration’s policy that makes it difficult for victims fleeing domestic and gang violence to qualify for asylum in the United States.
Last month, Sullivan agreed with a group of women and children who said the policy imposed a heightened standard in reviewing their claims, concluding that the administration must stop deporting migrants currently in the US “without first providing credible fear determinations consistent with the immigration laws.”Friday, he wrote: “The government now requests a stay, pending appeal of the Court’s Order, to enable the unlawful policies to continue to apply in all expedited removal cases, except the plaintiffs. … Defendants’ motion for stay is DENIED.”The attorney general has full authority over the immigration courts — a separate court system which operates under the Justice Department.
Category: Child Abuse
SPECIAL COURTSIDE “PRESS RELEASE” — “Court Chaos”
COURT CHAOS
“It’s chaos on top of disaster. By the end of next week, Trump will have added at least 100,000 cases to the already existing backlog of 800,000 + cases, plus another 300,000 that former A.G. Sessions diabolically and unnecessarily promised to artificially force back into the system. That’s 4-5 years of work for the Courts even with no new filings! People with good cases are denied justice while others postpone their day of reckoning indefinitely.
Many of these cases will never be decided unless Congress reforms this broken system by removing political control from the DOJ. I call this “Aimless Docket Reshuffling” (“ADR”) — cases being moved around by incompetent politicos at the DOJ without ever being completed. And under Sessions, the DOJ excelled at ADR, unnecessarily and artificially “jacking” the backlog by an incredible 50%+ in less than two years of politically biased and incompetent maladministration of the system. And, that’s even with more judges on the bench! Trump and his cronies have effectively destroyed one of America’s largest and most important court systems.
It must be reformed into a court independent of Executive overreach and incompetence. A new court must be established run by apolitical expert judges with the assistance of professional court administrators accountable to those judges, not Administration politicos. It’s not rocket science, just common sense, fundamental fairness, and above all, Constitutional Due Process.”
PWS
01-25-19
SPLIT DECISION: Supremes Deliver “Gut Punch” To Transgender Americans, But Give Another Round To Dreamers
SPLIT DECISION: Supremes Deliver “Gut Punch” To Transgender Americans, But Give Another Round To Dreamers
By Paul Wickham Schmidt
United States Immigration Judge (Retired)
On Tuesday, a divided Supreme Court allowed a portion of Trump’s homophobic ban on certain transgender troops to go into effect. At the same time, they properly squelched the arrogantly disingenuous attempt by Trump and his “go along to get along” Solicitor General Noel Francisco to “expedite” review of lower court rulings that found that Trump, former Attorney General Sessions, and DHS acted lawlessly and without any apparent legal rationale in terminating the “DACA” program. In simple terms, decisions that required the Administration to follow the law.
Prior Solicitors General have sometimes balked at representing liars and presenting disingenuous arguments in behalf of their Government “clients.” (Actually, somewhat of a bureaucratic misnomer, because the “institutional client” is really the “People of the U.S.” who pay Government salaries, regardless of whether they are citizens or can vote.) Not this one, who seems to savor the opportunity to carry Trump’s more than ample “dirty water” and reduce the credibility of his one-respected office to around zero. As I predicted, nobody serves Trump without being tarnished.
For the LGBTQ community, it’s a horrible signal that a narrow majority of the Supremes are unwilling to move into the 21stcentury and recognize their Constitutional rights to equal protection under the 14thAmendment as well as their rights as human beings. It’s also shockingly disrespectful to those who have stepped forward to risk their lives in the name of our country, something Trump took great pains to avoid. It’s doubly disappointing that Chief Justice John Roberts joined his far-right colleagues on this one, at least in part (he rejected the bogus argument for immediate review put forth by Francesco and instead sent the case back to the lower courts for further development).
Unlike some of his colleagues on the right, Roberts has some sense of institutional history, the horror and existential dangers to democracy of Trump as Chief Executive, and the future. Come on, “Chiefie,” we can all get smarter as we get older! Don’t blow your chance to “get on the right side of history.” Leave the “Four Horsemen of the Apocalypse” behind in their dust and join your four more enlightened colleagues in moving America forward and showing some leadership and courage on the Supremes. As this month has shown, you might be the only person able to save America.
Paraphrasing what many pundits have said, “The Supremes can basically do anything they want, whenever they want to, for any reason they can come up with, because they are Supreme.” With that caveat in mind, the Court’s well-deserved slap down of Trump on DACA basically leaves the full protections in effect for Dreamers until the end of the Trump Administration. At that point, we’ll either get a new President, or there won’t be any country left for the “Dreamers,” the Supremes, or the rest of us to “dream about” or live in. The so-called “American Dream” will be at a tragic end. We’ll all be living in a continuing nightmare of cruelty, incompetence, and randomness.
I think the Supremes would be wise not to take up the DACA issue ever. It needs to be resolved by the lower courts, who have for the most part done a fine job, and the Congress, which hasn’t. But, assuming the Supremes do take the issue, they probably wouldn’t schedule argument before the October Term 2020. That makes it highly unlikely that they would reach and issue any final decision before the November 2020 elections. There would certainly be no reason for them to “rush to judgement” on this one.
Thus, Trump’s hollow offer of meager “Dreamer relief,” no path to green cards or citizenship and less than they have now under the court decisions, is even less of a legitimate “bargaining chip” than it was before. And, “poisoning the well” with Stephen Miller’s White Nationalist anti-asylum, child-abuse agenda shows how intellectually dishonest Trump and the GOP are and that the rancid “thousand pages of vile gibberish” that they launched as a “fake offer to reopen our Government” is a pure political stunt and an insult to 800,000 unpaid Government workers.
Moreover, all of this nonsense must be viewed in context of reality. That’s something that seldom intrudes on the daily intentionally created chaos and national dysfunction of this Administration. The Dreamers aren’t going anywhere! Almost all of them have legitimate applications for immigration relief that they can file in Immigration Court, including cancellation of removal, asylum, withholding of removal, or relief under the CAT.
Trump, Sessions, and now Whitaker have totally destroyed the U.S. Immigration Court system. I’m not sure it will be able to reopen even when the Trump shutdown finally ends. With a politically-created backlog of well over one million cases, growing by tens of thousands with every day of the mindless Trump shutdown, virtually no “Dreamer” (other than a minute percentage who might be convicted of crimes and probably would have had their DACA status revoked or denied on that basis) would be scheduled for removal proceedings within the next four years, let alone by 2020. Indeed, if Congress doesn’t step in and provide Dreamer relief and an Article I independent Immigration Court to replace the current dysfunctional mess in the DOJ, some of these cases may well still be pending a decade from now!
This context also reaffirms the total disingenuous absurdity of SG Francisco’s argument that this is an “emergency” requiring “early intervention” by the Supremes. Nothing could be further from the truth. The only “emergency” is the one intentionally caused by his “client” Trump — by illegally and unnecessarily trying to shut down the DACA program and aggravated by his Administration’s wanton destruction of our U.S. Immigration Courts, and by the “Trump shutdown.”
The Supremes must take a “hard line” against being “sucked in” to the many bogus “emergencies” that Trump creates to detract attention from his and his party’s inability to govern in even a minimally fair and effective manner. Perhaps, it’s also time for Francisco to reread the rule of ethics for lawyers and have a “heart to heart” with his “client” about abusing the Federal Courts with semi-frivolous litigation and presenting lies as “facts.” It’s never too late to learn!
PWS
01-23-19
COLBERT I. KING @ WASHPOST: NATION IN REGRESSION: Trump & His White Nationalist Flunkies Are An Insult To All That Rev. Martin Luther King & His Supporters, Of All Races & Religions Stood For! — From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.” — But, The New Due Process Army Continues MLK’s Legacy!
Colby King writes:
. . . .
The greatest contrast between the time King led the struggle for America’s legal and social transformation and now is a White House occupied by Donald Trump.
The federal government, once a powerful legal and moral force to make real the promise of democracy, is in the hands of adversaries who seek to restore a hierarchy in which the interests of the bigoted, the xenophobic, the sexist and the defender of white male privilege always come out on top.There is a long list of ways in which backtracking on civil and human rights has occurred since the election of a president who lost the popular vote by nearly 3 million votes. It ranges from discriminatory travel bans against Muslims to turning a federal blind eye to intentionally racially discriminatory state voter-suppression schemes, to opposing protections for transgender people, to inhumanely separating children from families seeking to enter the country.
Sadly, that’s not all that stands out.
Once the federal locus of the nation’s quest for racial reconciliation, today’s White House is a source of racial divisiveness and a beacon to the prejudice-warped fringes of American society. It’s no surprise that the FBI found hate crimes in America rose 17 percent in 2017, the third consecutive year that such crimes increased. In King’s day, racially loaded, hateful rhetoric could be heard across the length and breadth of the Deep South. Now, mean, disgusting and inflammatory words come out of the mouth of the president of the United States.
How far have we traveled?From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.
King, and the movement he led, would be outraged. The rest of us should be, too.
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Read the full op-ed at the above link.
Very powerful! King speaks truth, reason, and humanity — in the spirit of Dr. King. Contrast that with the vile slurs, bogus race-baiting narratives, and non-policies spewing from the mouth of our racist (and incompetent) Liar/Grifter-in-Chief!
Two of my favorite MLK quotes (from the Letter from the Birmingham Jail — with acknowledgment to the Legal Aid and Justice Center from their poster hanging in my “office”)):
Injustice anywhere is a threat to justice everywhere.
Whatever affects one directly, affects all indirectly.
Thanks to those many courageous and dedicated individuals tirelessly serving America in the New Due Process Army by resisting Trump’s illegal and anti-American policies! You, indeed, are the 21st Century continuation of Dr. King’s legacy to our country and the world! Dr. King would be proud of you! Due Process Forever!
PWS
01-21-19
THE GUARDIAN EXPOSES CONTINUING CHILD ABUSE BY ADMINISTRATION: Child Separations Underreported — Children Detained In Health-Threatening Conditions!
Amanda Holpuch reports for The Guardian:
The Trump administration may have separated thousands of migrant children from their parents at the border for up to a year before family separation was a publicly known practice, according to a stunning government review of the health department’s role in family separation.
A report by the health department’s Office of Inspector General (OIG) published Thursday said officials at the health department estimated “thousands of separated children” were put in health department care before a court order in June 2018 ordered the reunification of 2,600 other children.
“The total number of children separated from a parent or guardian by immigration authorities is unknown,” the report said.
In 2017, officials at the health department’s Office of Refugee Resettlement (ORR) observed a steep increase in the number of children referred to ORR care who had been separated from their parents or guardians by the Department of Homeland Security (DHS), according to the report.
In response to the increase, officials began informally tracking separations. “Thousands of children may have been separated during an influx that began in 2017, before the accounting required by the court, and HHS has faced challenges in identifying separated children,” the report said.
US attorney general Jeff Sessions announced the “zero tolerance” policy that made family separations possible in April 2018, but advocacy groups had been warning for months that family separations were already taking place.
In June 2018, a federal judge ordered 2,600 children to be reunited with their parents, but the health department said in the five months following the order, it was still identifying children who should have been considered separated but were not being clearly tracked in government systems.
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Alexandra Villarreal reports for The Guardian:
At the Berks Family Residential Center, an immigrant detention facility in Leesport, Pennsylvania, advocates and former detainees say it’s normal for children held there to have health problems.
One mother, who asked to use her middle name Arely, told the Guardian that children often had fevers or vomited when she was detained at Berks. She said she watched helplessly as her two-and-a-half-year-old daughter threw up blood for three days.
Another woman – who asked to be referred to only by her middle name Fernanda because she still fears her antagonists in her home country – remembered children with the flu and respiratory illnesses, and how the on-site medical professionals would take their temperatures but never give out medicine. When Fernanda’s own daughter had fever, she had to go to the hospital just to get Tylenol, she said.
Since attorney Jacquelyn Kline began representing immigrant families detained at Berks in the summer of 2014, she said the majority of her clients have gotten sick. Usually, the illnesses have been minor. But sometimes, when common problems have gone ignored or untreated, they have spiraled to become something more.
“In my experience, [the staff] do the bare minimum and they don’t want to do more than that unless it becomes a situation where they have to do it,” Kline said. “Because they don’t address things when there are minor issues, it allows them to become more serious issues.”
One Berks resident wrote to US Immigration and Customs Enforcement (Ice) in late 2015 that though her son’s skin disease had spread to his genitals and bled when scratched, the clinical team had not provided him with medication.In May 2016, a three-year-old boy who had been suffering from fevers and loss of appetite for months was finally diagnosed with an intestinal parasitism after his mother found a worm in his diaper.
Berks did not respond to a request for comment. Ice’s public affairs officers are out-of-office for the duration of the government shutdown, according to an automated email from the Pennsylvania officer’s account. Ice confirmed that he is currently furloughed.
The fact that serious medical conditions occur and go untreated for days, weeks or months while immigrant children are under the government’s protection may come as a surprise to many. But advocates who have been on the ground at detention facilities under the purview of the Department of Homeland Security (DHS) are well acquainted with stories such as these that point to a wider trend.
“I am surprised that more children or parents have not died while in DHS custody, given the systemic failure on the part of the government to provide medical services,” said Kathryn Shepherd, national advocacy counsel for the Immigration Justice Campaign at the American Immigration Council.
In late 2018, the deaths of two migrant children while in US custody near the southern border made national headlines and refocused attention on immigrant children who are in the country illegally. First, seven-year-old Jakelin Amei Rosmery Caal Maquin died from cardiac arrest associated with dehydration on 8 December after being apprehended by DHS’s Customs and Border Protection (CBP).
Then, on Christmas Eve, eight-year-old Felipe Gómez Alonzo became the second child in a matter of weeks to succumb to illness after being taken into custody by CBP. It was later determined that he had the flu.
At first glance, the deaths appeared an exceptional phenomenon. Homeland security secretary Kirstjen M Nielsen has said that before last December, an immigrant child had not died in CBP custody in more than a decade.
But for those familiar with the ways in which DHS holds immigrant families beyond the border through Ice, the deaths felt part of a long medical history of neglect, misdiagnoses and close calls associated with undocumented children. This history dates to at least 2014, when the department ramped up mass incarceration of immigrant families under President Barack Obama.
“I don’t think that this is a new problem,” said Shepherd. “I think that this is something that’s been a problem for a long time.”
Before accepting her current post, Shepherd served as managing attorney for a pro-bono project representing asylum-seeking families at the South Texas Family Residential Center in Dilley, Texas. Women and children detained there have beenairlifted or rushed to a hospital in an ambulance on a number of occasions, she said. Last summer, Vice News reported that a toddler had died six weeks after leaving the Ice detention center, where she contracted what started as a common cold but evolved into a deadly virus.
Brad Berman, a clinical professor of pediatrics at the University of California- San Francisco and fellow of the American Academy of Pediatrics, said the DHS facilities he is aware of that hold immigrant families crossing through the US’s southern border appear to be “providing inadequate or substandard medical care”.
“They are violating their own standards – federal standards, as well as state standards, as well as ethical standards,” he said.
Vincent Picard, deputy assistant director to Ice public affairs, said that Ice spends more that $250m annually on healthcare for their charges. He cited the June 2017 DHS inspector general’s report that found the agency’s family residential centers to be “clean, well-organized and efficiently run”.
“Ice takes very seriously the health, safety and welfare of those in our care,” Picard said in a statement. “Ice is committed to ensuring the welfare of all those in the agency’s custody, including providing access to necessary and appropriate medical care. Comprehensive medical care is provided to all individuals in Ice custody.”
An independent medical evaluation Berman did tells a different story. He found that “the standards of pediatric medical care and mental health evaluations and care” for one immigrant child “were breached during her stay” at Berks, the Ice family detention center in Pennsylvania, in 2016. The girl, whose mother Maria requested she be referred to by her middle name Beatriz, was bedwetting after traveling to the US from El Salvador. She was nine years old.
Soon after arriving at Berks, Beatriz had several appointments with Michael Mosko, a psychologist provided by the facility. In his notes from one of the sessions, Mosko wrote that after conferring with an interpreter , he was under the impression that the bedwetting “was related to nothing more than laziness”.
After Beatriz was released from Berks, she visited a pediatric urologist and nephrologist who diagnosed her with chronic renal failure – or loss of kidney function. Though the condition was likely associated with Beatriz’s premature birth, it was exacerbated by a misdiagnosis during her time in detention, Berman said.
Now, Beatriz takes pills every night for her illness, which Maria said can’t be cured.
“She looked good when we were in El Salvador,” Maria said. “It was when she came here that she got sick.”
For Maria and Beatriz – as for many of the families from Central America who have crossed the US-Mexico border in recent years – leaving El Salvador was an attempt at self-preservation. When licensed clinical social worker Kathryn S Miller evaluated Beatriz, her report indicates that Beatriz and Maria shared stories about how the child watched her mother get robbed at knifepoint, experienced a home invasion, and overheard accounts of family friends being murdered by gang members.
Over the course of a year, Miller evaluated a handful of children who were detained at Berks. She said there was no doubt that each of them had been exposed to repeated trauma while in their home countries and had legitimate reasons for requesting asylum.
While families seeking asylum make their case, many of them fall into DHS custody and rely on the medical professionals the department supplies.
“There’s just basic needs that children have,” said Miller. “And if they’re going to be tasked with taking care of vulnerable children, they need to have the training and support to make sure they’re taking good care of them.”
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The shutdown hasn’t stopped the Administration’s many abuses of migrants and children. Clearly, a Wall is not the answer to forcing the Administration to follow the law.
PWS
01-17-19
BOGO FROM THE GITGO?: Did Nielsen Fabricate “Agreement” With Mexico On “Historic Return To Mexico Policy?” — Nobody On Either Side Of The Border Appears To Know What’s Happening!
Sarah Kinosian reports for The Guardian:
When she announced last month that tens of thousands of asylum seekers would be returned to Mexico while their cases are considered, the homeland security secretary, Kirstjen Nielsen, described the move as a “historic” overhaul of US immigration policy.
But more than two weeks later, the new strategy has yet to begin and it remains unclear how the plan would work – or even if Mexico is willing to enforce it.
The measure would be the Trump administration’s most significant move so far to dissuade people from seeking asylum. It would relieve pressure on US immigration authorities – and transfer it to Mexico.
But Mexican officials who would in theory implement the policy say they have been kept in the dark over the change – and some have explicitly opposed it.
“I had heard rumors, but I was not consulted,” said Tonatiuh Guillén, head of Mexico’s national immigration authority, told the Guardian.
“The US can’t just dump people into Mexico – they have to knock. We’ve asked for more answers, but the US government is shut down, so I guess they’ll answer when they figure that out. It’s all up in the air,” he said.
The number of people – mostly Central Americans – who would be parked in Mexico as a result of the move could be enormous.
In 2018, 93,000 people were given credible fear interviews – the first step in the asylum process. While overall immigration levels are at historic lows, the number of families and children crossing is at an all-time high. And a backlog of nearly 1m cases in the US means asylum seekers could remain in Mexico for years.
“It’s not some small detail. The numbers just aren’t manageable. It will have far-reaching effects on services, employment, everything – the social and political fabric of Tijuana and other border cities,” said Guillén
Confusion over the current state of the plan reigns on both sides of the border: when Nielsen announced the move on 20 December, Mexico’s foreign ministry reluctantly accepted, although within days the foreign minister, Marcelo Ebrard, said he would need more information from US authorities. Guillén said Mexico had not formally accepted the plan.
Meanwhile, US Congress members wrote to the secretary of state, Mike Pompeo, on 2 January requesting the text and details of any agreement.
Hopes for clarity have been further complicated by the shutdown of the US federal government triggered by a funding row over Donald Trump’s demands for a $5bn wall on the southern border.
US border officials are already limiting the number of people who can apply for asylum at a port of entry, creating delays of several months for migrants hoping to get into the US – and overwhelming public services in Mexican border cities.
Activists in Mexico say the “catch and return” policy would push conditions past breaking point.
“Aside from this taking away people’s right to apply for asylum, it would cause Mexico’s northern border cities to nearly collapse,” said Esmeralda Siu Márquez, the executive coordinator of Coalición Pro Defensa Del Migrante, a network of local migrant support organizations.
“This would change Tijuana from being a transit point. Shelters, which are already at capacity, are temporary – we’d need housing, integration programs, school programs, etc. We don’t have the budget.”
Officials in Tijuana have already stretched thin resources, normally focused on Mexican deportees, to deal with the more than 5,000 members of the Central American migrant caravans which started arriving in November.
Cesar Palencia, who handles migrant affairs in Tijuana, says he only heard of the plan on the news. “The city isn’t prepared for this. The [Mexican] federal government does not really understand what this would mean – they have no strategy, no budget for it,” he said.
Mexico’s new president, Andrés Manuel López Obrador, cut the country’s migration and refugee budget after he took office 1 December 2018, and has not indicated whether or not that would change in light of the new plan. His administration has also pledged visas and work in Mexico for Central American migrants.
But for many, like Samuel Tabora, a 24-year-old construction worker, the kind of jobs available in Mexico – particularly low-skill factory positions in Tijuana – do not pay enough for them to send much back home to Honduras, where over two-thirds of the country lives in poverty.
Faced with the prospect of staying years in Mexico, he said he would consider jumping the border fence with his partner and four-year-old daughter. “If they deport me, we’ll just turn around and come back. I want to work and make money and to have something to send home to my family,” he said.
Since Nielsen’s announcement, US agents have twice fired teargas into Mexico to prevent some people, including families with young children, from attempting to breach the border fence.
Several of the asylum seekers who had heard of the potential policy said they would simply wait it out in Mexico. “Going back, I may as well just tie a noose for myself and hang it from a tree,” said Francisco M, who left Guatemala with his wife and three children due to extortion threats from gangs. “We are here alone and it hurt to leave our roots, but I’d have to have a death wish to go back there. No, we will stay as long as it takes.”
Meanwhile, human rights groups warn that Mexico, one of the most violent countries in the world, is not safe for asylum seeker. Last month two Honduran teenagers who had traveled with the caravan were murdered in Tijuana.
Advocates warn the plan would add formidable new challenges to the already-tortuous asylum process. “The policy essentially dispossesses people of their right to trial. It takes me months to prepare one asylum case. I’ll maybe meet with a person six times. People cannot build cases in the US if they can’t meet with their lawyers. How will they get to their hearings?” said Erika Pinheiro of Al Otro Lado, a legal aid organization in Tijuana.
It would also encourage migrants seeking asylum to take more treacherous routes, she said. “By taking away legal avenues to asylum, you’re basically telling people to jump over the fence.”
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It’s basically what I predicted: NQRFPT. https://wp.me/p8eeJm-3sC
A dumb Trump policy followed by an idiotic Trump shutdown with an incompetent DHS thrown in the toxic mix. And the combination of an unhinged and unqualified President with lightweight sycophantic Cabinet Members is a much greater threat to our national security than asylum applicants seeking refuge have ever been or will ever be.
PWS
01-07-19
HAPPY NEW YEAR FROM COURTSIDE! — I Take A Look Forward @ 2019’s Big Immigration Stories
2019 Immigration Stories
- Dreamer Litigation
- Asylum Procedures Litigation
- Continuing Collapse of Immigration Courts
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- More bogus, anti-immigrant, anti-Due Process certification decisions from AG
- Pereira mess in scheduling
- Cancellation mess; hundreds of thousands eligible for relief; no plans for adjudication
- Dockets will continue to be screwed up by failure of responsible enforcement policies by DHS, failure of prosecutorial discretion exercised by virtually all other law enforcement authorities, and mindless, inappropriate “re-docketing” of previously Administratively Closed cases for no particular reason except White Nationalist inspired meanness
- Massive returns of asylum and other improperly decided cases to Immigration Courts by Article IIIs
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- More deaths, illness, abuses resulting from Trump’s cruel, ill-conceived detention and border policies
- Mexico and Article IIIs will,”push back” against Administration’s ill-conceived plans to “dump” legitimate asylum seekers over Mexican border
- Public Charge Controversy
- TPS Termination & Litigation
- One of Trump’s dumbest, most unnecessary, & disruptive moves will wreak havoc on the economy and the legal system
- Lots of fraud, waste, and abuse at DOJ and DHS will be exposed by House Committees
- Will new AG prove to be “Button Down Version of Jeff Sessions?”
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HAPPY NEW YEAR
😎👍🏼🍻🍾🏈❄️☃️🥳
PWS
01-01-19
PROFESSOR KAREN MUSALO: Persecution Of Women In El Salvador On The Basis Of Gender Is Real & Endemic – The Administration’s Attempts To Skew The Law Against Women Refugees Is Totally Dishonest, Immoral, & Illegal!
Here’s part of the conclusion of Karen’s article “EL SALVADOR–A PEACE WORSE THAN WAR: VIOLENCE, GENDER AND A FAILED LEGAL RESPONSE” published at 30 Yale Journal of Law & Feminism 3 (2018):
Historical and contemporary factors have given rise to the extremely high levels of violence that persist in El Salvador today. Many of the Salvadorans interviewed for this article referred to a “culture of violence” going back to the brutal Spanish Conquest and continuing into more recent history, including the 1932 Matanza and the atrocities of the country’s 12-year civil war. Gender violence exists within this broader context. However, as almost every Salvadoran source noted, violence against women is even more deeply rooted than other expressions of societal violence as the result of patriarchal norms that tolerate and affirm the most extreme forms of domination and abuse of women.
. . . .
Levels of violence, including the killings of women, have continued to rise, while impunity has remained a constant. Criticism of the persistent impunity for gender violence resulted in El Salvador’s most recent legal development: the enactment of Decree 286, which created specialized courts. However, the exclusion of the most commonly committed gender crimes–intrafamilial violence and sexual violence–from the specialized courts’ jurisdiction, and the courts’ hybrid structure, which requires that cases still be initiated in the peace courts, do not inspire optimism for positive outcomes.
Notwithstanding these considerable obstacles, the Salvadorans interviewed for this article, who have long struggled for access to justice and gender equality, maintain the hope and the belief that change is possible. In the course of multiple interviews over a six-year period (2010 to 2016), Salvadoran sources have expressed deep frustration and disappointment but have not articulated resignation or defeat.
. . . .
The Salvadorans who I interviewed for this article have provided information, insights, and perspectives that are simply not available in written reports or studies. Although they come from a range of backgrounds–governmental and non-governmental; legal professionals as well as grassroots activists–they all acknowledge the complex causes of societal violence. As discussed throughout this article, they also have specific critiques and prescriptions for what must be done in order to see any real progress. Discussions of the country’s crisis, as well as of the international community’s response, must start by listening to the voices of the Salvadorans who, despite the seemingly intractable situation of violence and impunity in which they live, have refused to abandon the struggle for justice and equality. They are inspiring in their courage and resilience. By quoting extensively from these sources, this article has sought to amplify their voices.
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Read Karen’s complete article at the above link.
Compare real scholarship and honest reflection of the experiences of women in El Salvador affected by this seemingly unending wave of persecution with the intentionally bogus picture painted by Jeff Sessions in Matter of A-B-. Hopefully, advocates will be able to use the research and expertise of Karen and others like her to enlighten fair-minded Asylum Officers and Immigration Judges, support their efforts to grant women the protection they merit as contemplated by the Refugee Act and the Convention Against Torture, and force the Article III Courts and eventually Congress to consign Sessions’s intentionally perverted reasoning to the dustbin of “Jim Crow Misogynist History” where it belongs.
Many thanks to my good friend and colleague in “Our Gang,” Judge Jeffrey Chase, for passing this link to Karen’s important scholarship along.
Due Process For All Forever!
PWS
12-31-18
KAREN TUMULTY @ WASHPOST: Trump Is The Ugliest American – Amazingly, He Keeps Getting Uglier!
https://www.washingtonpost.com/opinions/2018/12/29/with-trump-there-is-no-bottom/
Karen Tumulty writes in WashPost:
With President Trump, there is no bottom. Every time you think you have seen it, he manages to sink even lower.
It is not news that the president is indifferent to human suffering. His limp response to the devastation of the 2017 hurricane in Puerto Rico — which he claimed to have been a “fantastic job” on the part of his administration — stands out in that regard. But on Saturday, we saw yet another level of depravity when Trump made his first comments regarding the deaths in recent days of two migrant Guatemalan children after they were apprehended by federal authorities. It revealed not only callousness but also opportunism, as he sought to turn this tragedy into a partisan advantage in his current standoff with Democrats over the government shutdown.
His statements came, not unexpectedly, over Twitter. First this:
Any deaths of children or others at the Border are strictly the fault of the Democrats and their pathetic immigration policies that allow people to make the long trek thinking they can enter our country illegally. They can’t. If we had a Wall, they wouldn’t even try! The two…..
And then, minutes later, this:
…children in question were very sick before they were given over to Border Patrol. The father of the young girl said it was not their fault, he hadn’t given her water in days. Border Patrol needs the Wall and it will all end. They are working so hard & getting so little credit!
Not a word of sympathy here — much less remorse on the part of the government over the deaths of a 7-year-old girl and 8-year-old boy while in its custody. Nor does Trump address questions that are being raised about whether the administration’s new policy seeking to limit the ability of immigrants to seek asylum protection might be a factor in putting more at risk. Under recent changes, migrants must remain in Mexico as their asylum cases are processed, possibly increasing their willingness to do something reckless to come across the border.
Then there was the dissonance: His blast came on a day that Homeland Security Secretary Kirstjen Nielsen was visiting Yuma, Ariz., after stopping in El Paso, Tex. Her department has promised more thorough medical screenings and is calling on other agencies to help. “The system is clearly overwhelmed and we must work together to address this humanitarian crisis and protect vulnerable populations,” Nielsen said in a statement.
Even if Trump were to get funding for the wall — and even if the wall were the deterrent he promises it would be, a more dubious proposition — that would be many months if not years in the future. This is an immediate crisis, for which the president seems to have no concern. Nor does Trump address the fact that what he claims are Democratic immigration policies have been in place for decades, and yet, until this month, it had been more than a decade since a child had died while in Customs and Border Protection custody.
It is true that greater numbers of vulnerable Central American children are being put into treacherous situations. My colleagues Joshua Partlow and Nick Miroff have done excellent reporting on how smugglers are gaming a dysfunctional immigration system:
This is happening because Central Americans know they will have a better chance of avoiding deportation, at least temporarily, if they are processed along with children.
The economics of the journey reinforces the decision to bring a child: Smugglers in Central America charge less than half the price if a minor is part of the cargo because less work is required of them.
Unlike single adult migrants, who would need to be guided on a dangerous march through the deserts of Texas or Arizona, smugglers deliver families only to the U.S. border crossing and the waiting arms of U.S. immigration authorities. The smuggler does not have to enter the United States and risk arrest.
The Trump administration tried to deter parents this spring when it imposed a “zero tolerance” family-separation policy at the border. But the controversy it generated and the president’s decision to halt the practice six weeks later cemented the widely held impression that parents who bring children can avoid deportation.
As Trump fulminates about the wall, he rarely brings up the idea of doing anything about the source of the problem: the desperation of people who are being driven from their native countries by poverty and violence. Until those forces are addressed, migrants will keep coming, even if it means taking greater risks to do so.
In the meantime, we have a president who is willing to politicize the deaths of two young children to score points against the opposition party. And the most shocking thing about seeing him scrape along a new moral bottom is this: It is no longer shocking at all.
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Read the original article at the link.
The key:
As Trump fulminates about the wall, he rarely brings up the idea of doing anything about the source of the problem: the desperation of people who are being driven from their native countries by poverty and violence. Until those forces are addressed, migrants will keep coming, even if it means taking greater risks to do so.
Walls, detention centers, tent cities, and more Border Patrol Agents won’t solve this problem. Nor will proposed changes in the law and administrative actions aimed at further undermining our legal obligations toward refugees and asylum seekers. In fact, as we can see, the Administration’s approach is making things worse.
Establishing a fairer and appropriately more generous interpretation and application of our asylum and related protection laws, investing in addressing “push” conditions in Central America, establishing robust “in country” refugee programs in the Northern Triangle, cooperation with the UNHCR is seeking “regional solutions” closer to the Northern Triangle, more well-trained Asylum Officers, and more well-trained, fair and impartial U.S. Immigration Judges with a prior background in fair and humane treatment of asylum seekers would, over time, improve the situation. Perhaps in the long run, it would even solve the problems.
PWS
12-31-18
NOTORIOUS CHILD ABUSER JEFF SESSIONS ALSO TARGETED REFUGEE WOMEN & GIRLS FOR DEATH, RAPE, TORTURE, & OTHER MAYHEM — HIS EVIL PLANS HIT A ROADBLOCK: THE LAW! — Read The Latest Commentary From Hon. Jeffrey S.Chase On Challenges To Sessions’s Effort To Pervert The Law — Matter of A-B- In Light Of Grace v. Whitaker!
https://www.jeffreyschase.com/blog/2018/12/24/how-far-reaching-is-the-impact-of-grace-v-whitaker
How Far Reaching is the Impact of Grace v. Whitaker?
Six months after a significant number of U.S. immigration judges cheered a decision intended to revoke the hard-earned right of domestic violence victims to asylum protection, immigration advocates had their chance to cheer last week’s decision of U.S. District Court Judge Emmet G. Sullivan in Grace v. Whitaker. The 107-page decision blocks USCIS from applying the standards set forth in a policy memo to its asylum officers implementing the decision of former Attorney General Jeff Sessions in Matter of A-B-. Judge Sullivan concluded that “it is the will of Congress – and not the whims of the Executive – that determines the standard for expedited removal,” and therefore concluded that the policy changes contained in the USCIS memo were unlawful.
In his decision in Matter of A-B-, Sessions stated that “generally, claims…pertaining to domestic violence or gang violence will not qualify for asylum.” In a footnote, Sessions added “accordingly, few such claims would satisfy the legal standard to determine whether an [asylum applicant] has a credible fear of persecution.” Read properly, neither of those statements are binding; they are dicta, reflecting Sessions’ aspirations as to how he would like his decision to be applied in his version of an ideal world. However, both the BIA and the author of the USCIS policy memo forming the basis of the Grace decision drank the Kool Aid. The BIA almost immediately began dismissing domestic violence cases without the required individualized legal analysis. And USCIS, in its memo to asylum officers, stated that in light of A-B-, “few gang-based or domestic violence claims involving particular social groups defined by the members’ vulnerability to harm may…pass the ‘significant probability’ test in credible fear screenings.”1
If one reads Matter of A-B- carefully, meaning if one dismisses the more troubling language as non-binding dicta, its only real change to existing law is to vacate the precedent decision in Matter of A-R-C-G- which had recognized victims of domestic violence as refugees based on their particular social group membership.2 A proper reading of A-B- still allows such cases to be granted, but now means that the whole argument must be reformulated from scratch at each hearing, requiring lengthy, detailed testimony of not only the asylum applicant, but of country experts, sociologists, and others. Legal theories already stipulated to and memorialized in A-R-C-G- must be repeated in each case. Such Sisyphean approach seems ill suited to the current million-case backlog.
However, the BIA and the USCIS memo chose to apply Sessions’ dicta as binding case law, an approach that did in fact constitute a change in the existing legal standard. When the Department of Justice argued to the contrary in Grace, Judge Sullivan called shenanigans, as USCIS’s actual application of the decision’s dicta to credible fear determinations harmed asylum applicants in a very “life or death” way. The judge also reminded the DOJ of a few really basic, obvious points that it once knew but seems to have forgotten in recent years, namely (1) that the intent of Congress in enacting our asylum laws was to bring our country into compliance with the 1951 Convention on the Status of Refugees; (2) that the UNHCR’s guidelines for interpreting the 1951 Convention are useful interpretive tools that should be consulted in interpreting our asylum laws, and (3) that UNHCR has always called for an expansive application of “particular social group.” Judge Sullivan further found that as applied by USCIS, the should-be dicta from A-B- constitutes an “arbitrary and capricious” shift in our asylum laws, as it calls for a categorical denial of domestic violence and gang-based claims in place of the fact-based, individualized analysis our asylum law has always required.
How far reaching is the Grace decision? We know that the decision is binding on USCIS asylum officers, who actually conduct the credible fear interviews. But is the decision further binding on either immigration judges or judges sitting on the Board of Immigration Appeals?
USCIS of course is part of the Department of Homeland Security. Immigration judges and BIA members are employees of EOIR, which is part of the Department of Justice. Its judges are bound by precedent decisions of the Attorney General, whose decisions may only be appealed to the Circuit Courts of Appeal. However, the credible fear process may only be reviewed by the U.S. District Court for the District of Columbia, and only as to whether a written policy directive or procedure issued under the authority of the Attorney General is unconstitutional or otherwise in violation of law.3 This is how Grace ended up before Judge Sullivan. The BIA and Immigration Judges generally maintain that they are not bound by decisions of district courts.
Despite these differences, the credible fear interviews conducted by USCIS are necessarily linked to the immigration court hearings of EOIR. An asylum officer with USCIS recently described the credible fear interview process to me as “pre-screening asylum cases for the immigration judge.” The credible fear process accounts for the fact that that the applicant has not had time yet to consult with a lawyer or gather documents, might be frightened, and likely doesn’t know the legal standard. But the purpose of the credible fear interview is to allow the asylum officer to gather enough information from the applicant to determine if, given the time to fully prepare the claim and the assistance of counsel, there is a significant possibility that the applicant could file a successful claim before the immigration judge. The credible fear standard has always been intended to be a low threshold for those seeking asylum. Before A-B-, a victim of domestic violence was extremely likely to meet such standard. The USCIS memo reversed this, directing asylum officers to categorically deny such claims. But now, pursuant to Grace, USCIS must go back to approving these cases under the pre-A-B- legal standard.
When an asylum officer finds that the credible fear standard has not been met, the only review is before an immigration judge in a credible fear review hearing. Although, as stated above, EOIR generally argues that it is not bound by district court decisions, its immigration judges would seem to be bound by the Grace decision in credible fear review hearings. Congress provided the district court the authority to determine that a written policy directive of the AG (which was implemented by the USCIS written policy memo) relating to the credible fear process was in violation of law, and Judge Sullivan did just that. Even were EOIR to determine that the decision applies only to USCIS, the IJ’s role in the credible fear review hearing is to determine if USCIS erred in finding no credible fear. If USCIS is bound by Grace, it would seem that IJs must reverse an asylum officer’s decision that runs contrary to the requirements of Grace.
But since the credible fear standard is based entirely on the likelihood of the asylum application being granted in a full hearing before an immigration judge, can EOIR successfully argue that its judges must apply Grace to conclude that yes, a domestic violence claim has a significant chance of being granted at a hearing in which the IJ will ignore the dicta of A-B-, find that the only real impact of the decision was that it vacated A-R-C-G-, and will thus apply an individualized analysis to an expansive interpretation of particular social group (with reference to UNHCR’s guidelines as an interpretive tool)? And then, once the case is actually before the court, ignore Grace, and apply what appears to the be BIA’s present approach of categorically denying such claims?
Many immigration judges are presently struggling to understand Matter of A-B-. The decision was issued on the afternoon of the first day of the IJ’s annual training conference. This year’s conference was very short on legal analysis, as the present administration doesn’t view immigration judges as independent and neutral adjudicators. But the judges tapped for the asylum law panel had to throw away the presentation they had spent months planning and instead wing a program on the A-B- decision that they had only first seen the prior afternoon. Needless to say, the training was not very useful in examining the nuances of the decision. As a result, fair-minded judges are honestly unsure at present if they are still able to grant domestic violence claims.
Of course, a decision of a circuit court on a direct challenge to A-B- would provide clarification. However, A-B- itself is presently back before the BIA and unlikely to be decided anytime soon.4 I am aware of only one case involving the issue that has reached the circuit court level, and it is still early in the appeal process. My guess is that EOIR will issue no guidance nor conduct specialized training for its judges on applying A-B- in light of the Grace decision. Nor will the BIA issue a new precedent providing detailed analysis to determine that a domestic violence claimant satisfied all of the requirements set out in A-B- and is thus entitled to asylum.
A heartfelt thanks to the team of outstanding attorneys at the ACLU and the Center for Gender and Refugee Studies for their heroic efforts in bringing this successful challenge.
Copyright 2018 Jeffrey S. Chase. All rights reserved.
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Four of the “scummiest” things about Sessions’s decision in Matter of A-B-.
- Sessions is a biased prosecutor with well-know racist proclivities who had no business acting as a quasi-judicial decision maker in A-B-;
- A-B- was purposely decided in a procedural context that made it impossible for the respondent to immediately challenge it in the Circuit Court;
- Nevertheless, the untested dicta in A-B- cynically was used by USCIS to cut off access to the hearing system for refugee women who were unfairly returned to dangerous situations with no appeal rights;
- Some U.S. Immigration Judges improperly used A-B- to “rubber stamp” these illegal denials of access to the hearing system, often mocking Due Process by barring the participation of attorneys attempting to represent refugee women and children.
There are few things more despicable than those charged with fairness and protecting the rights of others abusing their authority by screwing the most vulnerable among us!
PWS
12-26-18
GENDER-BASED PERSECUTION OF WOMEN IN CENTRAL AMERICA IS WIDESPREAD & WELL-ESTABLISHED! — Trump Administration’s Disingenuous Refusal To Treat Them As Refugees Is Illegal & Immoral! –“Homicides will only be brought under control when we teach society that women’s lives are worth more.”
Juan Forero reports for WSJ:
Women in Latin America Are Being Murdered at Record Rates
The deadliest region for men has become perilous for women as well, especially in gang-riddled parts of Central America
El PLATANAR, El Salvador—Andrea Guzmán was just 17 but sensed the danger. For weeks, the chieftain of a violent gang had made advances that turned to threats when she rebuffed him.
He responded by dispatching seven underlings dressed in black to the two-room house she shared with her family in this hamlet amid corn and bean fields. They tied up her parents and older brother, covered Andrea’s mouth and forcibly led her out into the night in her flip-flops.
Hours later, one of her abductors fired a shot into her forehead in a field nearby. And once again, another woman had been slain, one of thousands in recent years in this violent swath of Central America, simply because of her gender.
“It is better not to have a daughter here,” said her weeping father, José Elmer Guzmán, recounting how he had found his girl, wearing the shorts and a T-shirt she liked to sleep in, off the side of a road. “I should have left the country with my children.”
Latin America has the highest homicide rate in the world. The region’s most-murderous corner—the so-called Northern Triangle of Central America, including El Salvador, Honduras and Guatemala—annually registers the deaths of thousands of young men who shoot, stab, bludgeon and asphyxiate each other, often in gang-related violence.
Now, the Northern Triangle is turning deadly for women, too.
El Salvador, a tiny country of 6 million, has seen homicides of women more than double since 2013 to 469 last year. The death rate per 100,000 women, at 13.5, is more than six times that of the U.S., with Honduras and Guatemala close behind.
Gang violence has turbocharged the problem here, but doesn’t explain all of it. Women die disproportionately at the hands of men throughout much of Latin America. From Mexico to Brazil, episodes of lethal domestic violence are frequent staples on social media and television.
Women in Danger
A total of 2,559 cases of femicide were reported in Latin America and the Caribbean in 2017. Central American nations top the list of the 10 riskiest countries for women.
*The definition of femicide varies from country to country, but at its narrowest means the intentional murder of women because they are women.
Source: United Nations Economic Commission for Latin America and the Caribbean
In August, Brazilians were horrified after a TV news show broadcast security camera video showing a muscle-bound young man chasing his 29-year-old wife around the underground parking lot in their building and then struggling with her in the elevator as it ascended to their fifth-floor apartment. The camera then captured her lifeless body—she had been strangled, investigators later said—falling from the apartment balcony to the street below.
A Peruvian man poured gasoline on 22-year-old Eyvi Ágreda Marchena on a public bus in April and set her on fire. The attack so horrified the country that President Martín Vizcarra visited her in the hospital before she died in June from the burns. Her assailant admitted killing her, telling investigators she had spurned his advances.
“She uses her looks to use men,” he said, according to authorities. “I gave her a stuffed bear and flowers last year when I saw that she was sad. But she was annoyed. She said I wasn’t her boyfriend.”
What amounts to a public health crisis has women of all ages living in fear, according to researchers and interviews with dozens of women in El Salvador. As elsewhere in Latin America, the challenge is enormous for an overtaxed and poorly funded judicial system that can solve only a minority of homicides, let alone effectively prosecute rapes and spousal battery cases, also endemic here.
The ramifications are broken families and traumatized children. The violence generates migration to the U.S., with women who say they flee to save their lives increasingly filing asylum claims before American immigration judges.
“Women are looked down upon as they grow up, making them second-class citizens,” said Silvia Juárez, a lawyer with the Organization of Salvadoran Women for Peace, which catalogs violence against women. “Homicides will only be brought under control when we teach society that women’s lives are worth more.”
Specialists studying violent crime in Central America say the killings of women often come at the hands of their partners, and that the rise of vicious gangs has added a tragic new dimension.
“Violence against women existed before the gangs,” said Angelica Rivas, a women’s rights lawyer. “The gangs make it worse.”
The two gangs that operate in nearly all of El Salvador’s 262 municipalities—MS-13 and Barrio 18—treat women as little more than slaves, say law-enforcement authorities and women’s-rights advocates.
Once an initiated gang member, or homeboy as they call themselves, takes possession of a teenage girl or young woman, she risks a beating or death if she tries to leave without permission.
“When you have a woman, she becomes property for you, and only for you, no one else,” said Wilfredo Cabrera, who is 24 and recently left a gang.
The safe houses the gangs use to store weaponry, cash and contraband are also used to imprison girls, some as young as 12 and 13. Gang rape is not uncommon.
Lisseth, a slight, 21-year-old woman, cried gently as she described her life in such a house of horrors. Escaping an abusive family at 12, Lisseth said she was lured by gang members “who said they would take care of me and give the love that my family had not given me.”
Instead, she was forcibly kept in the basement of a safe house. At one point, she recalled, 12 gang members took turns raping her. “When they wanted to use me, they’d say, ‘Come on up,’” said Lisseth, who made an escape and is now in a home that protects women who have been victims of violence.
Families with girls in gang-controlled regions know they, too, can be targeted if a homeboy takes an interest. Saying “no” isn’t an option.
The local gang overlord in Manuel Juárez’s neighborhood on the outskirts of San Salvador wanted his oldest daughter, he recounted. He warned her that if she didn’t go along with him, her family would be killed.
“He would see her. He would touch her, kiss her wherever, in the street,” Mr. Juárez, 45, said. “He came and told me, ‘I’m going to take your girl. Do not look for her or else I will kill you.’ ” Mr. Juárez was too afraid to go to the police.
Gang members did take his daughter, leaving her pregnant before the family was able to get her, eventually, to a new life in Spain. Now, Mr. Juárez worries about his youngest daughter, just 16, and whether one option might be to flee to the U.S. should gang members take interest.
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- In Latin America, Awash in Crime, Citizens Impose Their Own Brutal Justice (Dec. 6)
- ‘It’s a Crisis of Civilization in Mexico.’ 250,000 Dead. 37,400 Missing. (Nov. 14)
- Why Are People Fleeing Central America? A New Breed of Gangs Is Taking Over.(Nov. 2)
- Latin America Is the Murder Capital of the World (Sept. 20)
- In Acapulco, ‘Hell Is Overlapping With Paradise’
It’s too late for Mr. Guzmán and his wife, Claudia Solórzano. They can only recount the sense of hopelessness and anguish they felt as gang members began to notice Andrea, with her blue eyes and long black hair.
First it was a chieftain nicknamed Thunder, who dated Andrea. But when he was jailed, the homeboy who replaced him, who went by the alias Little Spoon, wanted her for himself, said her mother, Ms. Solórzano.
He followed Andrea. He phoned her constantly. Sometimes, he’d wave his semiautomatic handgun at her father, making clear he wouldn’t take no for an answer.
“He’d come across, tell her, ‘Be careful. You look real good,’ ” Ms. Solórzano said. “She would say, ‘I don’t want to be the girlfriend of a gang member.’ When he sent her chocolates, she didn’t eat them.”
Andrea seemed to sense that her life could be cut short. Ms. Solórzano said that near the end, her daughter went so far as to tell a neighbor she wanted two black roses placed on her casket.
Prosecutor Graciela Sagastume, who heads a new unit that investigates violence against women, said attacks have been so commonplace that Salvadoran society had become inured. She said that may be changing in the wake of several high-profile killings of professional women at the hands of their partners, among them a Health Ministry doctor beaten to death by her husband in January.
“Sadly, it took the death of a woman doctor for us to take note that the deaths of women due to domestic violence exist,” Ms. Sagastume said. “They are everyday cases.”
Last year in El Salvador, 345 women became victims of what authorities classified as femicides, the killing of a woman for no other reason than her gender.
Unlike the killings of men, women slain here usually know their killers. In more than half the cases, it was a partner, ex-partner, family member or other acquaintance, including a gang member known to the victim.
Intentional Homicide Rate (per 100,000 people)
Sources: Igarapé Institute (El Salvador, Honduras, Guatemala); FBI (U.S.); National Institute of Statistics and Geography (Mexico)
Whereas men are often shot to death, women are killed with particular viciousness, according to a 2015 Salvadoran government study on femicides that noted how some victims had been tortured, had fingers cut off, been raped, tied up or burned.
“In many cases,” the report said, “the methods used surpassed those needed to cause death.”
Ms. Sagastume said the violence sometimes arises when men are threatened by women who challenge the traditional gender roles of Salvadoran society.
Those factors were at play in the case of Karla Turcios, a newspaper columnist asphyxiated in April, her body left on the side of a road. Prosecutors charged her husband, Mario Huezo. He is jailed, awaiting trial and says he is innocent.
Ms. Sagastume said various aspects of the relationship between Ms. Turcios and Mr. Huezo led investigators to conclude he bristled at her success.
He would drive her to work and then wait in the parking lot until she finished her shift. She couldn’t spend time with co-workers or friends. He held control of her bank accounts.
Yet, she had been the one with the salaried job. She owned the car. She paid for the couple’s daily needs. Her death came after she asked him to contribute his fair share, Ms. Sagastume said, adding, “He felt humiliated by her.”
The Salvadoran government, with aid from the U.S., is developing courts to deal with violence against women and staffing them with specially trained prosecutors, judges and other personnel, among them psychologists, to work with victims. The number of cases of homicide processed has risen to 270 in 2017, from 130 in 2015. Convictions are still a minority of all cases but they rose from 76 in 2015 to 117 last year.
Judge Glenda Baires said the new system, which also handles assaults and sex crimes against women, is persuading more women to denounce their assailants. “Women are now saying, ‘I’m going to say something before I get killed,’” she said.
In a ballad popular here and elsewhere in Latin America, “Kill Them With An Overdose of Tenderness,” the singer advises an extreme response when confronting heartbreak.
“Get a gun if you want, or buy a dagger if you prefer, and become a killer of women,” the lyrics go.
It’s a melodic refrain sung with gusto at parties.
More than a quarter of women in El Salvador reported being a victim of violence in their lifetime while 43% said they had suffered a sexual assault, according to a national household survey in 2017 by the country’s statistics agency.
In San Salvador, Meghan López, an American expert on family violence working on her doctorate at Johns Hopkins University, is carrying out research on the impact of parenting skills on children in dangerous, poverty-stricken environments.
She uses a research tool called the Adverse Childhood Experiences International Questionnaire, or ACE-IQ, which identifies 13 factors in young lives that can lead to problems in adulthood. Those ACEs, which include violence, sexual abuse, family dysfunction, neglect, poverty and other factors, are each assigned a point.
Ms. López’s work is still preliminary, but she has found that parents of young children in the four communities she is examining score an average of 8, which she calls “astronomical.” In the U.S., a 4 would be considered high.
Exposure to ACEs can alter the development of a child’s brain as well as their hormonal system, stunting the cognitive tools they need as adults to rationalize and react calmly to stressful situations, Ms. López said. That can cause the brain’s more primitive areas to overdevelop while those responsible for emotional control can be underdeveloped.
What that means on a national scale is violence is bred from one generation to another in El Salvador, a country already buffeted by pervasive violence and the legacy of civil war in the 1980s.
“If we don’t break the cycle of violence,” said Ms. López, “it’s not going to get better.”
Write to Juan Forero at Juan.Forero@wsj.com
Appeared in the December 20, 2018, print edition as ‘Latin America Turns Deadly for Women.’
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Go to the link above for the full article and to be able to read the charts!
Folks, this is the Wall Street Journal, bastion of conservative thought and rhetoric, for Pete’s sake! It’s not HuffPost or Slate. And, it’s not just Latin American Countries that are guilty of devaluing the lives of women. Trump, Pence, Sessions, Kelly, Nielsen, Whitaker, Francisco, U.S. Immigration Judge Couch, some BIA Appellate Immigration Judges, EOIR Officials, DOJ Politicos, Pompeo, GOP Legislators, to name just a few dehumanize women and trash their legal rights on a regular basis by pushing a scofflaw restrictionist immigration agenda targeting people of color, particularly women and girls of color.
“Women in [X Country]” clearly fits the three basic criteria for a “particular social group” protection under asylum and refugee law: 1) immutable/fundamental to identity; 2) particularized; 3) socially distinct. It’s not material that not all women are equally in danger. Those harmed clearly are targeted largely (sometimes entirely) because of their gender. So, there’s a clear “nexus” or “at least one central reason” as the law states. The idea pushed by Sessions and other restrictionists that countries in the Northern Triangle are “willing and able” to protect them is preposterous, as this article demonstrates.
Also women who are activists, members of religious groups opposed to gangs, political candidates, or members of indigenous populations are targeted for political, racial, or religious reasons.
In other words, refugee women fleeing Central America often fit squarely within “classic” refugee protection.
Some are granted protection by conscientious and courageous U.S. Immigration Judges who simply refuse to let the anti-refugee, anti-Central-American bias of their “superiors” in the Administration influence their decisions. But, many other female refugees find themselves improperly denied (or denied any hearing at all by the Asylum Office) by those anxious to please the White Nationalist restrictionists in power, to “expedite” dockets by looking for anti-immigrant “handles” in Sessions’s skewed precedents, or actually relish their chance to release their own anti-asylum biases on women of color.
And, in the absence of positive BIA precedents requiring grants and recognizing the truth about female refugees from Central America, justice is terribly uneven and depends largely on the “luck of the draw.” Traditionally, U.S. Immigration Judges serving in DHS Dentition Centers and at the border often have been less willing than others to recognize legitimate refugees by granting asylum. Not incidentally, those also happen to be locations where representation rates for asylum seekers are lowest.
The treatment of these legitimate refugees by our country is a national disgrace! Recently, in Grace v. Whitaker, U.S. District Judge Emmet Sullivan (what a difference a real, truly independent judge makes) began the arduous process of exposing the legal flaws and bias in the Sessions-initiated attack on justice for vulnerable refugees from Central America.
But, it will take much more effort, as well as a continuing outcry of public outrage, for justice to be restored to the system corrupted by Sessions and his restrictionist ilk. It’s also something that Democrats must and should address for the record during the upcoming Barr confirmation hearings.
No more “Jeff Sessions” as Attorney General! We need a U.S. Attorney General (regardless of party) who will uphold human dignity and enforce the legal rights and privileges of everyone under our Constitution, not just the privileged. We also need an Attorney General with the confidence in and respect for our justice system to let the BIA and the Immigration Courts operate in an independent manner and set their own dockets and legal standards, free from political interference and White Nationalist restrictionist agendas.
PWS
12-26-18
THE HILL: Welcoming Refugees & Other Immigrants Makes Countries Happier!
Megan A. Carney writes for The Hill:
JRUBE @WASHPOST: “Horrifying indifference to children’s lives”
https://www.washingtonpost.com/opinions/2018/12/16/horrifying-indifference-childrens-lives/
Rubin writes:
The Post reported this week:
A 7-year-old girl from Guatemala died of dehydration and shock after she was taken into Border Patrol custody last week for crossing from Mexico into the United States illegally with her father and a large group of migrants along a remote span of New Mexico desert, U.S. Customs and Border Protection said Thursday. . . .
According to CBP records, the girl and her father were taken into custody about 10 p.m. Dec. 6 south of Lordsburg, N.M., as part of a group of 163 people who approached U.S. agents to turn themselves in.
More than eight hours later, the child began having seizures at 6:25 a.m., CBP records show. Emergency responders, who arrived soon after, measured her body temperature at 105.7 degrees, and according to a statement from CBP, she “reportedly had not eaten or consumed water for several days.”
The Department of Homeland Security’s statement in response to reports of the child’s death was a moral and legal disgrace:
Traveling north through Mexico illegally in an attempt to reach the United States, is extremely dangerous. Drug cartels, human smugglers and the elements pose deadly risks to anyone who seeks to cross our border illegally. Border Patrol always takes care of individuals in their custody and does everything in their power to keep people safe. Every year the Border Patrol saves hundreds of people who are overcome by the elements between our ports of entry. Unfortunately, despite our best efforts and the best efforts of the medical team treating the child, we were unable to stop this tragedy from occurring.
“Once again, we are begging parents to not put themselves or their children at risk attempting to enter illegally. Please present yourselves at a port of entry and seek to enter legally and safely.”
For starters, the federal government is responsible for the health and welfare of anyone it detains — whether it is a criminal in a prison, a child in its foster-care system or families detained at the border. Regardless of what the children’s parents did or did not do, the United States has an obligation to the children the moment it detains them. Not to give food and water, or to check the health of those it has in custody, is inexcusable. Blaming the parents as Homeland Security Secretary Kirstjen Nielsen did (“This is just a very sad example of the dangers of this journey. This family chose to cross illegally”) reflects her legal and moral obtuseness. In our care, the child’s welfare became our responsibility.
“This tragedy represents the worst possible outcome when people, including children, are held in inhumane conditions,” the ACLU’s Border Rights Center said in a statement. “Lack of accountability, and a culture of cruelty within CBP have exacerbated policies that lead to migrant deaths.” The ACLU continued, “In 2017, migrant deaths increased even as the number of border crossings dramatically decreased. When the Trump administration pushes for the militarization of the border, including more border wall construction, they are driving people fleeing violence into the deadliest desert regions.” The statement pointed out that the incident wasn’t reported for a week. “We call for a rigorous investigation into how this tragedy happened and serious reforms to prevent future deaths,” the statement concluded.
Frank Sharry, executive director of America’s Voice, a progressive pro-immigration group, also responded. Sharry pointed out that a “tragic and preventable death of an innocent seven-year old girl should not be seen as a mistake made in an otherwise humane system, but rather a deliberately cruel and dehumanizing system that has produced yet another death.” His statement asserted that CBP’s holding facilities are characterized by “freezing temperatures, no beds, lights left on, no showers, not enough toilets or toilet paper, filthy conditions, horrible smell, inedible food and not enough clean water to drink, and [are] run by insulting and abusive agents.” The system the administration has set up is seemingly designed to inflict the maximum amount of suffering in a failed attempt to deter migrants:
[The] strategy has many components: tell those who want asylum to request it at ports of entry while making it nearly impossible to request asylum at ports of entry; prosecute those who present themselves to Border Patrol agents between ports of entry for “illegal entry;” separate families in numbers large (now halted by a federal judge) and small (under the flimsy pretext of protecting children from “criminal family members”); detain as long as possible those who seek asylum; lock up minors who arrive unaccompanied minors and scare away their U.S.-residing parents and relatives who want to sponsor them by threatening to arrest and detain those who come forward; and gut asylum standards by unilaterally changing the bases for deciding cases, pressuring trained Asylum Officers to reduce their high rates of deeming Central Americans as having a credible fear of return, and bullying Immigration Judges to deny cases when finally adjudicated.
Now if a pregnant migrant asserts her right to seek an abortion, this administration will go to any lengths to protect the life of the unborn child; for the already-born minors (and adults) in its custody, however, the administration cannot be bothered to ensure humane and safe conditions.
On Friday, Nadler and Democrats who will head House Judiciary subcommittees sent a letter to the inspector general for the Department of Homeland Security requesting the IG “initiate an investigation into this incident, as well as CBP policies or practices that may have contributed to the child’s death [and] CBP’s failure to timely notify Congress of this incident.” The letter told the IG, “It is hard to overstate our frustration with the fact that we learned of this incident through media reports one week after the incident occurred. It is clear that CBP failed to follow the reporting requirements laid out in last year’s omnibus appropriations bill until after the news of this death was already public.”
With adequate border security and staffing, a sufficient number of immigration judges deployed to handle the caseload, reversal of the administration’s deliberately cruel policies, and effective diplomacy with and provision of assistance to the countries from which these people are fleeing for their lives, the current, intolerable situation should improve.
It’s a cruel irony that Trump has portrayed refugees as a threat to Americans. In fact, the reverse is true.
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Rubin is right. Part of this Administration’s cruel scheme here is to deflect attention from the real threat to our national security and Constitution presented by Trump and his corrupt, scofflaw gang. And, in the long disgraceful tradition of cowards, bullies, and authoritarians, he does so by attacking the most vulnerable and least able to defend themselves, playing on racism and nationalist jingoism.
That’s why the New Due Process Army is such an important force for protecting the human and legal rights of migrants, and by so doing, protecting the rights of all Americans against Executive abuse!
PWS
12-17=18
NATION’S SHAME: ADMINISTRATION’S POLICY OF CRUELTY TOWARD CHILDREN WILL HAUNT US FOR MANY YEARS: “What the Trump administration does is force Americans to fight for things that should be uncontroversial, common-sense humanitarian principles; we now spend so much time reacting to a new set of atrocities that there is no energy left for anything else.”
https://apple.news/A9OIp3x0DQLqC27X2vxP05A
Jay Willis writes in GQ:
This fall, after national outrage over the Trump White House’s “zero-tolerance” immigration policy forced it to begrudgingly wind down the practice of separating families at the border, administration officials began looking for a new method of implementing xenophobia as official government policy. They found it, apparently, by recruiting volunteers to serve as temporary guardians of unaccompanied minors—and then, if volunteers’ background checks indicated that they were undocumented, detaining those people and preparing them for deportation.
According to the San Francisco Chronicle, 170 individuals who offered to open up their homes—again, to children, many of whom were in federal custody because of the aforementioned separation policy, and who were otherwise forced to live in tent camps and converted warehouses until their immigration status could be resolved—have been arrested over the past few months for their displays of kindness. Of that group, 109 had no criminal record whatsoever.
On Thursday, The Washington Post reported the death of a 7-year-old Guatemalan girl who, along with her father and a larger group of immigrants, turned herself in to Border Patrol agents in a remote area of New Mexico last week. More than eight hours later, she began having seizures; first responders found that she had a fever of 105.7 degrees and hadn’t had food or water in days. She went into cardiac arrest and died of shock and dehydration shortly thereafter.
The agency’s response, which is laden with all the meaningless corporate bromides typically deployed to convey the appearance of sincerity, is more or less “tough shit”:
I suppose the events of this year should have dispelled the notion that when it comes to immigration, anyone associated with this regime would be inclined to momentarily suspend their prejudices to do a kind and decent thing. Yet somehow, the disgracefulness of DHS’s sting operation is still astonishing. The purpose of releasing kids to “qualified adults” is to make life better for innocent children, victims of a broken system in which they have no voice; literally the only relevant question is Will this person provide a safe place for them to live? But the administration cannot stop itself, this time preying on the basic human instinct to care for children, all in the service of rounding up a few more brown people.
The Chronicle notes that the number of children in custody has increased over the past few months—a trend observers blame on the spike in these background-check arrests. This means that despite the official end of the family-separation policy, more kids are being held in overcrowded jails, because their captors have cut off the power of otherwise willing caretakers to do anything about it. If you are lucky and don’t die in Border Patrol custody, a different set of government policies ensures that you’re still going to languish there for the foreseeable future.
There are bills on Capitol Hill that would bar DHS from doing this sort of thing. In the Senate, nine Democrats have signed on to the Families Not Facilities Act, first introduced in November, while in the House, 39 Democrats and two Republicans—both of whom just lost their re-election bids—are co-sponsors of an analogue. “Right now, unaccompanied children are being held in detention facilities or living in tent cities due in part to potential sponsors’ fear of retribution from ICE,” said California senator Kamala Harris in November. “This is an unacceptable obstacle to getting these children into a safe home, and we must fix it.”
The power of bigotry lies in the persistence of those who implement it—in their willingness to commit to it at all times, no matter the circumstances, no matter how dangerous or unconscionable, so as to never invite uncomfortable questions about why bigotry is acceptable in the first place. Death becomes just a risk that prisoners choose to assume, and volunteer caregivers open themselves up to the possibility of becoming prisoners as well.
What the Trump administration does is force Americans to fight for things that should be uncontroversial, common-sense humanitarian principles; we now spend so much time reacting to a new set of atrocities that there is no energy left for anything else. It is a policymaking war of attrition, and its goal is less to change people’s minds than it is to wear them out.
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Yup. Well said!
There is only one “right side of history” on this one. Sure it’s exhausting and frustrating to spend energy that should be spent on improving the system for everyone instead resisting gross violations of legal, Constitutional, and human rights engineered by a White Nationalist regime. But, that’s what the New Due Process Army, “Our Gang,” and many others on the right side of history are all about!
PWS
12-16-18
TAL @ SFCHRON: HOW LOW CAN THEY GO? – ICE Using Kids As “Bait” To Catch Non-Criminal Migrants, As “Kiddie Gulag” Reaches New Heights!
ICE arrested undocumented adults who sought to take in immigrant children
By Tal Kopan
WASHINGTON — The Trump administration has arrested 170 undocumented immigrants who came forward to try to take migrant children out of government custody, including more than 100 with no criminal record, federal officials said Monday.
The new totals were released as the number of undocumented immigrant children in government custody has reached record highs, with no signs of slowing down.
According to an Immigration and Customs Enforcement spokesman, the agency arrested 170 immigrants from July through November on the basis of information the government learned about them when they applied to take an immigrant child out of custody. Of that group, nearly two-thirds, or 109, had no criminal record.
ICE had confirmed 41 such arrests in September, prompting Democrats to propose legislation to block the practice. California Sen. Kamala Harris has joined onto a bill in the Senate, which has a bipartisan House counterpart, that would bar ICE from arresting an adult seeking to take in a child on the basis of information uncovered in a background check.
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Golly gee, and some folks wonder why the “Abolish ICE” Movement continues to gather steam! Yes, ICE performs important law enforcement functions. But, lots of their “mission” isn’t really essential to good law enforcement, and some is actually quite counterproductive and wasteful.
Clearly, there is a case for Congress at least re-examining the amount of funding, priority, and effectiveness of some of which ICE is doing on the “civil side” these days. And, what would be the purpose of jamming more folks into a court system already crumbling under a largely artificially created 1.1 million case backlog? Not much that I can see, unless these folks being “lured” are really “bad actors,” which the majority of them don’t seem to be.
PWS
12-10-18