WINNING ASYLUM & SAVING LIVES IN THE “ERA OF A-B-“ – Seven Steps To Success

WINNING ASYLUM

WINNING ASYLUM & SAVING LIVES IN THE “ERA OF A-B-“ – Seven Steps To Success*

By Paul Wickham Schmidt

United States Immigration Judge (Retired)

NEW YORK CITY BAR

DECEMBER 4, 2018

 

Good evening, and thanks so much for inviting me.  In the “old days,” I would have started with my comprehensive disclaimer. But, now that I’m retired, I’m just going to hold the Bar Association, my fellow panelists, and anyone else of any importance whatsoever “harmless” for my remarks tonight.  They are solely my views, for which I take full responsibility. No sugar-coating, no bureaucratic doublespeak, no “party line,” no BS – just the unvarnished truth, as I see it!

“We’ve had situations in which a person comes to the United States and says they are a victim of domestic violence; therefore, they are entitled to enter the United States. Well, that’s obviously false but some judges have gone along with that.” “Good lawyers, using all of their talents and skill, work every day—like water seeping through an earthen dam—to get around the plain words of the INA to advance their clients’ interests. Theirs is not the duty to uphold the integrity of the act. That is our most serious duty.”

 

Those, my friends, are obviously not my words. They are the words of former Attorney General Jeff Sessions. Incredibly, this totally biased, xenophobic, misinformed, and glaringly unqualified individual was in charge of our U.S. Immigration Court system which helps explains why it is such a total mess today. And Acting Attorney General Whitaker’s certification of two cases yesterday promises a continuation of improper political interference with the Immigration Courts in derogation of Due Process.

 

One of Sessions’s most cowardly and reprehensible actions was his atrocious distortion of asylum law, the reality of life in the Northern Triangle, and Due Process for migrants in Matter of A-B-. There, he overruled the BIA’s important precedent in Matter of A-R-C-G-, a decision actually endorsed by the DHSat the time, and which gave much need protection to women fleeing persecution in the form of domestic violence. Take it from me, Matter of A-R-C-G-was one of the few parts of our dysfunctional Immigration Court system that actually worked and provided a way of consistently granting much needed protection to some of the most vulnerable and most deserving refugees in the world.

 

Sessions is gone. But, his ugly legacy of bias and unfairness remains. Fortunately, because he was a lousy lawyer on top of everything else, he failed to actually accomplish what he thought he was doing: wiping out protection for refugee women, largely from Central America. That’s why it’s critically important for you, as members of the “New Due Process Army” to fight every inch of the way, for as long as it takes, to restore justice and to force our U.S Immigration Courts to live up to their unfulfilled, and now mocked, promise of “guaranteeing fairness and Due Process for all!”

 

I’m going to give you seven very basic tips for overcoming Matter of A-B-.  I’m sure that my colleagues, who are much more involved in the day to day litigation going on in the courts than I am, can give you lots of additional information about addressing specific issues.

 

First, recognize that Matter of A-B- really doesn’t change the fundamental meaning of asylum.It just rejected the way in which the BIA reached its precedent in A-R-C-G-— by stipulation without specific fact-findings based on the administrative record. Most of it is mere dicta. On a case by case basis, domestic violence can still be a proper basis for granting asylum in many cases. Indeed, such cases still are being granted by those Immigration Judges committed to following the rule of law and upholding their oaths of office, rather than accepting Sessions’s invitation to “take a dive.”

 

Just make sure you properly and succinctly state your basis, establish nexus, and paper the record with the overwhelming amount of reliable country condition information and expert opinion that directly contradicts the bogus picture painted by Sessions.

 

Second, resist with all your might those lawless judges in some Immigration Courts who are using, or threatening to use, Sessions’s dictum in Matter of A-B- to deny fair hearings or truncate the hearing process for those claiming asylum through domestic violence.If anything, following the overruling of A-R-C-G-,leaving no definitive precedent on the subject, full, fair case-by-case hearings are more important than ever. Under Due Process, asylum applicants are entitled to a full and fair opportunity to present their claims in Immigration Court. Don’t let wayward, biased, or misinformed Immigration Judges deny your clients’ constitutional and statutory rights.  

 

Third, keep it simple. Even before A-B-, I always said that any proposed “particular social group” (“PSG”) longer than 25 words or containing “circular” elements is D.O.A. I think that it’s time to get down to the basics; the real PSG here is gender! “Women in X country” is clearly a cognizable PSG.  It’s undoubtedly immutable or fundamental to identity; particularized, and socially distinct. So, it meets the BIA’s three-part test.

 

And, “gender” clearly is one of the biggest drivers of persecution in the world. There is no doubt that it is “at least one central reason” for the persecution of women and LGBT individuals throughout the world.

 

Fourth, think political. There is plenty of recent information available on the internet showing the close relationship between gangs and the governments of the Northern Triangle. In some cases, gangs are the “de facto government” in significant areas of the country. In others, gangs and local authorities cooperate in extorting money and inflicting torture and other serious harm on honest individuals who resist them and threaten to expose their activities. In many cases, claiming political or religious persecution will be a stronger alternative ground than PSG.

 

Fifth, develop your record.  The idea that domestic violence and gang-based violence is just “common crime” advanced by Sessions in A-B-is simply preposterous with regard to the Northern Triangle. Establish records that no reasonable factfinder can refute or overlook! Use expert testimony or expert affidavits to show the real country conditions and to discredit the watered down and sometimes downright false scenarios set forth in Department of State Country Reports, particularly under this Administration where integrity, expertise, and independence have been thrown out the window.

 

Sixth, raise the bias issue. As set forth in a number of the Amicus Briefs filed in Matter of A-B-, Sessions clearly was a biased decision maker. Not only had he publicly dismissed the claims of female refugees suffering from domestic violence, but his outlandish comments spreading false narratives about immigrants, dissing asylum seekers and their “dirty lawyers,” and supporting DHS enforcement clearly aligned with him with one party to litigation before the Immigration Courts. By the rules governing judicial conduct there was more than an “appearance of bias” here – there was actual bias. We should keep making the record on the gross violation of Due Process caused by giving a biased enforcement official like Sessions a quasi-judicial role.

 

Seventh, and finally, appeal to the “real” Article III Courts. What’s happening in Immigration Court today is a parody of justice and a mockery of legitimate court proceedings. It’s important to “open the eyes” of the Article III Judges to this travesty which is threatening the lives of legitimate refugees and other migrants.

 

Either the Article III’s do their jobs, step in, and put an end to this travesty, or they become complicitin it. There’s only one “right side of the law and history” in this fight. Those who are complicit must know that their actions are being placed in the historical record – for all time and for their descendants to know – just like the historical reckoning that finally is happening for so- called “Confederate heroes” and those public officials who supported racism and “Jim Crow.”

 

Now is the time to take a stand for fundamental fairness and decency! Join the New Due Process Army and fight to vindicate the rights of asylum seekers under our laws against the forces of darkness and xenophobic bias! Due process forever!

 

 

*This is not a “verbatim transcript” of what I said. Rather it is a compendium and extension of the “talking notes” that I used as a member of the panel.

 

 

 

 

 

 

 

 

TRUMP’S IMMIGRATION “POLICIES” ARE BASED ON RACISM, CRUELTY, LIES, & KNOWINGLY FALSE NARRATIVES — THE GOP HAS SOMETIMES ENCOURAGED, & OTHER TIMES ENABLED, THESE OUTRAGES AGAINST HUMANITY & THE RULE OF LAW — Now Some Accountability For These Despicable Actions Are On the Horizon!

https://www.washingtonpost.com/blogs/plum-line/wp/2018/11/28/the-true-depths-of-trumps-cruelty-are-about-to-be-exposed/

Greg Sargent writes for the WashPost:

The House GOP’s near-total abdication of any oversight role has done more than just shield President Trump on matters involving his finances and Russian collusion. It has also resulted in almost no serious scrutiny of the true depths of cruelty, inhumanity and bad-faith rationalization driving important aspects of Trump’s policyagenda — in particular, on his signature issue of immigration.

That’s about to change.

In an interview with me, the incoming chairman of the House Homeland Security Committee vowed that when Democrats take over in January, they will undertake thorough and wide-ranging scrutiny of the justifications behind — and executions of — the top items in Trump’s immigration agenda, from the family separations, to the thinly veiled Muslim ban, to the handling of the current turmoil involving migrants at the border.

“We will visit the border,” Rep. Bennie Thompson (D-Miss.), who is expected to chair the committee, which has jurisdiction over the Department of Homeland Security, told me. “We will hold hearings in committee on any and all aspects of DHS. … We will not back off of this issue.”

This oversight — which could result in calling for testimony from Stephen Miller, the architect of Trump’s immigration agenda — will include scrutiny of the administration’s justifications for its policies. Importantly, Thompson tells me Democrats will seek to grill officials on what went into Trump’s public statements on various aspects of the issue, many of which are falsehoods.

On asylum seekers, for instance, Trump’s public rationale for his various efforts to restrict their ability to apply (which is their legal right), is based on lies about the criminal threat they supposedly pose and absurd exaggerations about the rates at which they don’t show up for hearings.

Migrant caravan crisis escalates with tear gas at border fence

U.S. authorities fired tear gas at members of a Central American migrant caravan who had rushed the fencing along the U.S. border with Mexico on Nov. 25.

To be clear, Trump has used these rationales to justify actual policies with real-world impact, such as the effort to cruelly restrict asylum-applications to only official points of entry. Trump has also threatened a total border shutdown. Hearings could reveal that the justifications are nonsense, and spotlight their true arbitrary and cruel nature (putting aside for now that their real motive is ethno-nationalism).

“All this innuendo we hear about criminals coming in the caravan, we just want to know, how did you validate this?” Thompson told me, adding that DHS officials would be called on in hearings to account for Trump’s claims. “Policy has to be backed up with evidence. So we will do rigorous oversight.”

This will also include a look at the recent tear-gassing of migrants, and the administration’s public statements about it and justifications, Thompson said. Homeland Security Secretary Kirstjen Nielsen has defended the fact that tear gas appears to have impacted children by claiming they were used as “human shields.”

The use of the military as a prop

Thompson said such scrutiny could dovetail with an examination of Trump’s use of the military at the border as campaign propaganda, though that might involve the House Armed Services Committee. “We have to get full disclosure in a public setting or a classified setting,” Thompson said. “Under no circumstances will we not get information.”

By the way: Even if you take some of Trump’s complaints about asylum seeking seriously — there are serious issues with backlogs that have real consequences — you should want this oversight. If done well, it could shed light on actual problems, such as the role of the administration’s deliberate delays in processing asylum seekers in creating the current border mess, to the real need to reorganize the bureaucracy to relieve backlogs and to pursue regional solutions to the root causes of migration surges.

The overall goal, Thompson said, will be this: “As a nation of immigrants ourselves, we want to make sure that our process of immigration that includes asylum-seekers is constitutional and represents American values.”

Family separations and the travel ban

Thompson told me the committee would also look at the process leading up to the travel ban, which proceeded despite the fact that two internal Homeland Security analyses undercut its national security rationale.

Democrats can demand that DHS officials justify that policy. “What did you use to come up with this travel ban? How did you select these countries?” Thompson said, previewing the inquiry and vowing subpoenas if necessary. “We will ask for any written documentation that went towards putting the ban in place, what individuals were consulted, and what the process consisted of.”

Thompson also said the run-up to the implementation of the family separation policy and its rationale would receive similar scrutiny, as well as at the conditions under which children have been held, such as the reported Texas “tent city.” “Somebody is going to have to come in and tell us, ‘Is this the most efficient way to manage the situation?’” Thompson said. But also: “How did we get here in the first place?”

What can Democrats do?

One big question: What will House Democrats do legislatively against such policies? Thompson told me the goal is to secure cooperation with DHS, but in cases where the agency continues policies that Democrats deem terribly misguided or serious abuses, they can try to legislate against them. That would run headlong into Trump and the GOP-controlled Senate, at which point one could see discussion of targeted defunding of certain policies, though whether that will happen or what that might look like remains to be seen.

“As far as I’m concerned, no option is off the table,” Thompson said. Some more moderate House Democrats who won tougher districts might balk at such a stance, but Thompson said: “Every committee has responsibilities, and we have to carry them out.”

The big story here is that Trump has relied on the outright dismissal of his own administration’s factual determinations to justify many policies, not just on immigration, but also with his drive to weaken efforts to combat global warming despite the big report warning of the dire threats it poses.

The administration will strenuously resist Democratic oversight, and I don’t want to overstate what it can accomplish. But House Democrats must at least try to get into the fight against Trump’s war on facts and empiricism wherever possible. And when it comes to the humanitarian crises Trump has wrought on immigration, this is particularly urgent.

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Finally, some much-needed, long-overdue accountability, fact-finding, and truth about Trump’s intentionally cruel and usually lawless immigration policies and those sycophants and toadies who implement them and egg him on. No, it won’t necessarily change things overnight. But, having some “pushback” and setting the factual record straight for further action is an important first step. And, I hope that the absolutely avoidable politically created mess in the U.S. Immigration Courts, and their disgraceful abandonment of Due Process as their sole focus, is high on the oversight list!

 

PWS

12-02-18

 

 

 

 

GENDER-BASED PERSECUTION IN THE FORM OF DOMESTIC VIOLENCE KILLED 87,000 WOMEN LAST YEAR, & UNDOUBTEDLY MAIMED, DISABLED, TORTURED, & DISFIGURED MANY MORE – Jeff Sessions Misrepresented Facts & Manipulated Law To Deny Protection To Victims & Potential Vctims In Matter of A-B- — Dead Women Can’t “Get In (The Non-Existent) Line,” Gonzo! – It’s A “Pandemic” Aided, Abetted, & Encouraged By Corrupt Officials Like Sessions

https://www.huffingtonpost.com/entry/domestic-violence-most-common-killer-of-women-united-nations_us_5bfbf61ee4b0eb6d931142ac

Alanna Vagianos reports for HuffPost:

The most dangerous place for women is in their own homes, a new report from the United Nations concludes.

The U.N. Office on Drugs and Crime (UNODC) released the “Global Study on Homicide: Gender-related Killing of Women and Girls” on Sunday to coincide with the International Day for the Elimination of Violence Against Women. The report analyzed the violence perpetrated against women worldwide in 2017, looking at intimate partner violence and family-related killings such as dowry- and honor-related murders.

Last year, 87,000 women were murdered around the world, and more than half (50,000 or 58 percent) were killed by partners or family members. Over a third (30,000) of those intentionally killed last year were murdered by a current or former intimate partner. This means that, globally, six women are killed every hour by someone they know.

U.N. Secretary-General António Guterres described violence against women as a “global pandemic” in a Sunday statement marking the international day of recognition.

“It is a moral affront to all women and girls, a mark of shame on all our societies and a major obstacle to inclusive, equitable and sustainable development,” he said. “At its core, violence against women and girls is the manifestation of a profound lack of respect ― a failure by men to recognize the inherent equality and dignity of women. It is an issue of fundamental human rights.”

The U.N. report also highlighted that women are much more likely to die from domestic violence than men are. According to the study, 82 percent of intimate partner homicide victims are women and 18 percent are men.

“While the vast majority of homicide victims are men, women continue to pay the highest price as a result of gender inequality, discrimination and negative stereotypes. They are also the most likely to be killed by intimate partners and family,” UNODC Executive Director Yury Fedotov said.

The study suggested that violence against women has increased in the last five years, drawing on data from 2012 in which 48,000 (47 percent) of female homicides were perpetrated by intimate partners or family members.

Geographically, Asia had the most female homicides (20,000) perpetrated by intimate partners or family members in 2017, followed by Africa (19,000), North and South America (8,000), Europe (3,000) and Oceania (300). The U.N. does point out that because the intimate partner and family-related homicide rate is 3.1 per 10,000 female population, Africa is actually the continent where women are at the greatest risk of being murdered by a partner or family member.

Head over to the U.N. study to read more. 

HuffPost’s “Her Stories” newsletter brings you even more reporting from around the world on the important issues affecting women. Sign up for it here.

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Sessions is already America’s most notorious unpunished child abuser! Now, he can add “aiding and abetting domestic violence” and “voluntary manslaughter” to the many human rights and civil rights violations and transgressions of the teachings of Jesus Christ for which he will someday have to answer to his Maker (even if he has the undeserved good fortune to escape “earthly accountability” for his actions).

Meanwhile, advocates should be using the factual information in this report and other expert opinions on the “pandemic” to overcome the fabricated factual and legal basis for Matter of A-B- and the bogus arguments manufactured by restrictionists..

The real “particular social group” staring everyone in the face is “women in X country.” It’s largely immutable and certainly “fundamental to identity,” particularized, and socially distinct. It clearly has a strong nexus to the grotesque forms of harm inflicted on women throughout our world. And, there is an ever-growing body of expert information publicly available to establish that, totally contrary to Sessions’s bad-faith distortion of the record in A-B-, many countries of the world are unwilling, unable, or both unwilling and unable to offer a reasonable level of protection to women facing gender-based persecution in the form of DV. 

Sessions has unwittingly set the wheels of positive change in motion! It’s time to force judges at all levels, legislators, and government officials to recognize the reality of gender-based persecution in today’s world and that it is one of the major forms of persecution clearly covered by the U.N. Convention.

Forget about the bogus “floodgates” argument.  The U.N. Convention came directly out of World War II and was intended to insure that the Holocaust and the “Red Terror” did not happen again.  The definition would clearly have covered most of the pre-War European Jewish population and tens of millions (perhaps hundreds of millions) of individuals stuck behind the Iron Curtin. If the numbers are large, then it’s up to the signatory countries to come together, pool resources, and think of constructive ways of addressing the problems that generate refugee flows, not just inventing creative ways of avoiding their legal and moral responsibilities.

Don’t repeat 1939! Due Process Forever! Join the “New Due Process Army” and fight for human rights, human values, and human decency against the selfish forces of darkness and dishonesty who have gained control of too many countries in the Western World (including, sadly, our own)!

PWS

11-27-18

 

WILLA FREJ @ HUFFPOST: Trump’s Blatant Lies About Family Separation Just Keep Flowing!

https://www.huffingtonpost.com/entry/trump-child-separation-obama_us_5bfbb980e4b0eb6d93105dd6

President Donald Trump falsely claimed that his policy of separating migrant children from their parents at the southern U.S. border was the “exact same” as the one implemented during the Obama administration.

In complaining about a “60 Minutes” segment that aired Sunday, Trump tried to deflect criticism of his “zero tolerance” immigration policy by arguing that former presidents Barack Obama and George W. Bush also separated immigrant families.

“I tried to keep them together but the problem is, when you do that, vast numbers of additional people storm the Border,” Trump tweeted Sunday. “So with Obama seperation [sic] is fine, but with Trump it’s not.”

. . . .

Obama deported a record number of immigrants during his time in office which earned him the nickname of “deporter-in-chief.” Prioritizing the removal of people with criminal histories, Immigration and Customs Enforcement deported more than 2.7 million people between fiscal years 2009 and 2016.

The administration worked to quickly detain and deport migrants for several months in 2014, in response to a surge in migrant arrivals. Yet children who had come into the country with their parents didn’t get separated from them, and if families got deported, they were deported together.

The Ninth Circuit ruled that the Flores agreement ― a 1997 federal court decision requiring children to remain in custody for as little time as possible ― also applied to both accompanied and unaccompanied children. They could only be held in detention for a maximum of 20 days.

But Trump administration has gone far beyond his predecessor, separating almost 2,000 immigrant children from their parents in the spring. Many were held in caged detention centers and exposed to severe health consequences. Trump has also tried to withdraw from the Flores settlement and put forth new rules to replace it, which could lead to children being detained indefinitely.

As for deportations, the Trump administration opted to prosecute every single migrant who crossed the border illegally, expanding the Obama-era strategy of focusing on criminals.

The notion that Trump is merely carrying out Obama’s legacy is “preposterous,” Denise Gilman, director of the Immigration Clinic at the University of Texas Law School, told NBC News. “There were occasionally instances where you would find a separated family — maybe like one every six months to a year — and that was usually because there had been some actual individualized concern that there was a trafficking situation or that the parent wasn’t actually the parent.”

“The agencies were surfacing every possible idea,” a top Obama domestic policy advisor, Cecilia Muñoz, told The New York Times. “I do remember looking at each other like, ‘We’re not going to do this, are we?’ We spent five minutes thinking it through and concluded that it was a bad idea. The morality of it was clear — that’s not who we are.”

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Read Willa’s full article, including Trump’s revolting tweets, at the link.

Separate ‘em, jail ‘em, abuse ‘em, gas ‘em! What’s not to like about an unhinged authoritarian with a neo-Fascist program, a propaganda machine masquerading as “news,” and a bunch of mindless supporters who cheer as he and his band of cowards pick on kids and the downtrodden?

Every day is a new “Reichstag Fire” – a fake, manufactured “crisis” and a call to blame and eradicate the “usual suspects.” Some day there will be hell to pay for America’s abandoning human values and allowing Trump to represent our Government! We should all be ashamed of what our country is doing in the name of fake “border security.”

We are diminishing ourselves as a nation, but it won’t stop human migration!

PWS

11-26-18

 

 

 

 

BUZZFEED NEWS: Two Years Of Trump’s Bad Immigration Policies Predictably Culminate In Border Gassings!

https://www.buzzfeednews.com/article/adolfoflores/trump-blame-crisis-border-asylum

Adolfo Flores, Hamed Aleaziz, & Karla Zabludovsky for BuzzFeed News:

TIJUANA, Mexico — For Trump administration officials, an unprecedented confrontation at the US-Mexico border on Sunday invited an assessment that their policies have only exacerbated the problems of an overwhelmed immigration system whose court backlog has grown larger since Trump’s inauguration 22 months ago.

León Rodriguez, who headed the US Citizenship and Immigration Services agency from 2014 to 2016, didn’t want to comment on the events on the ground, but said what happened at the border seemed to be “a foreseeable result of the US policy of placing every conceivable obstacle in the way of orderly legal migration and of not having a policy that [recognizes] the desperate circumstances driving migration.”

Mexican officials shared that negative assessment. Héctor Gandini, who will take over as spokesperson for Mexico’s Interior Ministry when Mexico swears in a new president on Saturday, said that the US use of tear gas on migrants attempting to cross illegally into the country was “not correct. We don’t want them to hound migrants.”

“You have to respect migrants’ human rights,” Gandini added.

For Josué Rosales, one of the migrants who took part in the ill-fated march to the border, what began as a journey of hope had turned into one of despair, one that promised weeks of more nights inside the tent he’s now sharing with his girlfriend on the grounds of the Benito Juarez stadium, where the caravan has been camped for days. He said he’s not ready to give up.

“I’m waiting to see if Trump comes to some type of agreement that allows us to cross,” Rosales said. “If he says no we’ll figure out another way to cross.”

The Trump administration faces a situation its best efforts have failed to control.

Administration officials have imposed a number of policies to discourage migrants from seeking to enter the United States. Then Attorney General Jeff Sessions personally rewrote key immigration court decisions to eliminate domestic violence and fear of gang violence as reasons for asylum to be granted. The administration imposed a controversial family separation policy that was intended to discourage parents from crossing the border with their children. Trump dispatched 5,800 US active-duty soldiers to the border in a show of force that many critics also claim was a blatant political ploy ahead of the midterm elections earlier this month.

Kim Kyung-hoon / Reuter

And yet border apprehensions are at the highest level yet of the Trump administration (though still at historically low levels), family detentions are at record levels, and the number of people granted asylum actually rose in the fiscal year that just ended, to the highest level in two decades.

In Tijuana, where the number of would-be asylum seekers is growing by the day, immigration attorneys and advocates describe a bottleneck system that makes asylum seekers wait weeks before they can seek to enter the US for refuge. That’s created an enormous backlog.

And the situation promises only to get worse as more people seeking to reach the US arrive in Baja California, the Mexican state that abuts California. Mexico’s interior ministry said there are 8,247 people now in Mexico who are traveling as part of so-called caravans from Central America. The vast majority of migrants — 7,417 — are in the cities of Mexicali and Tijuana. The other 424 are in a Mexico City shelter, 253 are in the Mexican state of Sinaloa, and another 153 are making their way north on their own. It’s unclear how many of them will ask for asylum.

Caring for the migrants is costing about $27,000 daily — money Tijuana’s mayor says the city does not have.

Sunday’s march to the border was intended to be peaceful, but it devolved into a frantic rush toward the border fence after the group, which numbered about 500, according to the Mexican interior ministry, was blocked from reaching the San Ysidro port of entry by a line of Mexican federal police.

Then after being blocked on the street in front of the Chaparral border crossing by metal barriers and another line of federal police with shields, a group walked to a train border crossing a few minutes away.

Several members of the group told BuzzFeed News they wanted to negotiate some type of agreement with the Trump administration that would let them enter the United States. Others said they hoped to be able to cross into the US as a group.

Instead, US border officers met them with tear gas and pepper balls, according to a statement from Customs and Border Protection, the agency responsible for border law enforcement.

CBP said its officers deployed the tear gas and pepper balls after some members of the group threw objects, including rocks, at agents while others tried to enter the United States illegally, some through a gap in the metal barrier along the railroad tracks.

Kim Kyung-hoon / Reuters

But not all immigration officers were willing to defend the US actions. One US asylum officer, who could not talk about policy publicly, said the confrontation likely was the result of the US’s inability or unwillingness to process asylum claims at the border daily. The officer said USCIS recently had told staff to be on standby to be sent to San Diego to help hear asylum claims.

“I’m just glad nothing worse happened,” the officer said. “I think it’s illegal that they closed the border. We cannot decide when we can close the border if there’s no state of emergency. For a couple dozen asylum seekers? That was not an emergency that should justify closing the border. I’m just relieved it wasn’t worse.”

Another government official, who works on the issue but does not make policy, blamed the Trump administration for the tensions at the border.

“Trump has broken the law by not having people at the border processed for months and months and creating a bottleneck there,” the official said. “Tear gassing children because maybe they’ll get into the US? Heaven forbid.”

Mexican authorities late Sunday were contemplating what to do next. In a press release, the interior ministry said Mexican police had retaken control of the area leading to the San Ysidro port of entry and that Mexican troops would not be deployed “despite the magnitude of the situation.”

A government official who requested anonymity because they were not allowed to talk to reporters told BuzzFeed News that 30 migrants had breached the border and were promptly detained by CBP. The National Migration Institute said that it planned to deport as many as 500 others who attempted to cross into the US illegally but were unsuccessful. Since the first caravan entered Mexico on October 19, 11,000 migrants from Honduras, Guatemala, El Salvador and Nicaragua have been deported.

The escalation at the border comes at a complicated time — the country’s embattled president, Enrique Peña Nieto, will conclude his mandate in less than a week.

BuzzFeed News revealed earlier this month that the Trump administration was attempting to broker a deal that would force people to wait in Mexico while their asylum cases were processed. The Washington Post reported that incoming Mexican president Andres Manuel López Obrador’s transition team had agreed to this plan, but that report was disputed by the same officials it cited; they pointed out that López Obrador’s government would not take office for several more days. “There is no agreement of any sort between the future government of Mexico and the US government,” said a press release from López Obrador’s transition team.

Immigration promises to be a major challenge for López Obrador, who has pledged to give work permits and offer jobs to Central American migrants in Mexico. Detentions and deportations of migrants have increased steadily since 2014, when the government launched the Southern Border Program, shortly after a large wave of unaccompanied minors surged across the US-Mexico border.

Lucy Nicholson / Reuters

Sunday’s events were much different from the results of a spring caravan that arrived in Tijuana in late April with hundreds of asylum seekers. The group camped out on the grounds of the Chaparral border crossing for days after being turned away by CBP agents because the port of entry was at capacity. Over several days, small groups of asylum seekers were allowed into the US to make their claim, 93% of whom passed what’s known as a credible fear interview, a crucial first step in the asylum application process.

But that caravan was much smaller, at most 1,500 at its start in southern Mexico, than the thousands now waiting in Tijuana, and its members had been vetted by the NGO that led it, Pueblo Sin Fronteras, to weed out those whose asylum claims were likely to be found without merit by the time it reached the border. In the end, only 228 people sought asylum in a process that took just five days. Separately, other members of the caravan asked for asylum before and after those five days, putting the total number of asylum seekers at 401.

This time around, asylum seekers have been told they would likely have to wait weeks in Tijuana before they could ask the US for refuge because of a backlog at the border. The current expected wait to begin the process is now up to six weeks.

Delay at the border for requesting asylum is nothing new, but it’s been getting worse under Trump. The Department of Homeland Security’s inspector general found recently that US immigration authorities’ inability to handle the number of people seeking asylum at ports of entry had forced migrants to cross illegally. But there’s little sign that US officials are planning to take steps to improve the wait times.

And the likelihood is great that those who must wait in Tijuana will find only that their frustration will grow in the coming months.

“It’s difficult because we came as one peaceful caravan and now we’re just waiting here without any results,” Rosales, the march participant, told BuzzFeed News. “We’re sitting in the sun, thirsty, hungry, with no resolution to our situation.”

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The Trump Administration created this artificial mess. The solution is hardly “rocket science:”
  • More USCIS Asylum Officers;
  • More pro bono private attorneys;
  • More U.S. Immigration Judges and staff;
  • Restoring authority to Immigration Judges to work with both parties before their courts to close and remove hundreds of thousands of “low priority” cases from the courts’ dockets, thus freeing up judicial time to work on asylum cases of more recent arrivals;
  • Restoring precedents that would allow refugees with documented cases of persecution on the basis for domestic violence and family relationships to be expeditiously granted, thus freeing up docket space for other types of cases.

No chance that the Trump Administration will do this voluntarily. But, there might be an opening for House Democrats to condition further immigration enforcement funding on improvements in the foregoing areas and an end to the Trump-created “border backups.”

PWS

11-26-18

 

SCOFFLAWS OUTED AGAIN: U.S. DISTRICT JUDGE BLOCKS TRUMP’S ILLEGAL ATTACK ON ASYLUM LAW: ORDERS PROCESSING OF ALL WHO APPLY TO RESUME! — “Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden!”

https://www.nytimes.com/2018/11/20/us/judge-denies-trump-asylum-policy.html?action=click&module=Top%20Stories&pgtype=Homepage

Miriam Jordan reports for the NY Times:

LOS ANGELES — A federal judge on Monday ordered the Trump administration to resume accepting asylum claims from migrants no matter where or how they entered the United States, dealing at least a temporary setback to the president’s attempt to clamp down on a huge wave of Central Americans crossing the border.

Judge Jon S. Tigar of the United States District Court in San Francisco issued a temporary restraining order that blocks the government from carrying out a new rule that denies protections to people who enter the country illegally. The order, which suspends the rule until the case is decided by the court, applies nationally.

“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Mr. Tigar wrote in his order.

As a caravan of several thousand people journeyed toward the Southwest border, President Trump signed a proclamation on Nov. 9 that banned migrants from applying for asylum if they failed to make the request at a legal checkpoint. Only those who entered the country through a port of entry would be eligible, he said, invoking national security powers to protect the integrity of the United States borders.

Within days, the administration submitted a rule to the federal registry, letting it go into effect immediately and without the customary period for public comment.

But the rule overhauled longstanding asylum laws that ensure people fleeing persecution can seek safety in the United States, regardless of how they entered the country. Advocacy groups, including the Southern Poverty Law Center and the American Civil Liberties Union, swiftly sued the administration for effectively introducing what they deemed an asylum ban.

The advocacy groups accused the government of “violating Congress’s clear command that manner of entry cannot constitute a categorical asylum bar” in their complaint. They also said the administration had violated federal guidelines by not allowing public comment on the rule.

But Trump administration officials defended the regulatory change, arguing that the president was responding to a surge in migrants seeking asylum based on frivolous claims, which ultimately lead their cases to be denied by an immigration judge. The migrants then ignore any orders to leave, and remain unlawfully in the country.

”The president has sought to halt this dangerous and illegal practice and regain control of the border,” government lawyers said in court filings.

Mr. Trump, who had made stanching illegal immigration a top priority since his days on the campaign trail, has made no secret of his frustration over the swelling number of migrants heading to the United States. The president ordered more than 5,000 active-duty troops to the border to prevent the migrants from entering.

The new rule was widely regarded as an effort to deter Central Americans, many of whom request asylum once they reach the United States, often without inspection, from making the journey over land from their countries to the border.

United States immigration laws stipulate that foreigners who touch American soil are eligible to apply for asylum. They cannot be deported immediately. They are eligible to have a so-called credible fear interview with an asylum officer, a cursory screening that the overwhelming majority of applicants pass. As result, most of the migrants are released with a date to appear in court.

In recent years, more and more migrants have availed of the asylum process, often after entering the United States illegally. A record 23,121 migrants traveling as families were detained at the border in October. Many of the families turn themselves in to the Border Patrol rather than queue up to request asylum at a port of entry.

The Trump administration believes the migrants are exploiting asylum laws to immigrate illegally to the United States. Soaring arrivals have exacerbated a huge backlog of pending cases in the immigration courts, which recently broke the one-million mark. Many migrants skip their court dates, only to remain illegally in the country, which Mr. Trump derides as “catch and release.”

But advocates argue that many migrants are victims of violence or persecution and are entitled to seek sanctuary. Gangs are ubiquitous across El Salvador, Honduras and Guatemala, where lawlessness and corruption enable them to kill with impunity.

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

Entirely predictable. “Many of the families turn themselves in to the Border Patrol rather than queue up to request asylum at a port of entry.”

Why aren’t ethical requirements being enforced on Government lawyers who present and defend these clearly frivolous positions in court?  Knowingly and intentionally depriving individuals of statutory, civil, and constitutional rights, while tying up Federal Judges and other “officers of the court” on frivolous political stunts directed at harming individuals on the basis of race and nationality must, at some point, be deterred!

These are not criminal proceedings, and the Administration is not entitled to a “presumption of innocence” for its lawless actions. At some point, ethical lawyers have an obligation “not to serve” a lawless Administration and to publicly disclose and oppose the Administration’s intentionally illegal actions and intentional wrongdoing aimed at migrants and communities of color in the U.S.  “Job security” doesn’t entitle Government employees, let alone those who also are members of the bar, to violate their oaths to uphold the Constitution.

And no, no matter how much the GOP appointees might want to do so, the Supremes can’t authorize the President to rewrite the clear terms of the law at his whim.

PWS

11-20-18

EYORE FIDDLES WITH DOCKET AS ROME BURNS – Latest Bureaucratic Gobbledygook From Falls Church Shows Why EOIR Must Be Abolished & Replaced By An Independent Court, Run By Sitting Judges, With Professional, Apolitical Administration!

https://www.justice.gov/eoir/page/file/1112036/download

**************************************************
So, let’s see what’s really going on here, beneath all of the “Tower bureaucratese.”
  • Bureaucrats at Falls Church “Headquarters,” who are beholden to DOJ politicos, are setting the local Immigration Court docket priorities to the exclusion of sitting Immigration Judges, Respondents’ Counsel, NGOs and the members of the public who actually use the system;
  • But one party, the DHS, is effectively being given unilateral authority to establish the Immigration Courts’ “docket priorities;”
  • DHS also unilaterally decides which cases will be designated as “family units” and therefore “prioritized;”
  • EOIR notes that the prioritization of certain “aliens with children” cases between 2014 and 2017, also at the behest of DHS, was a MASSIVE failure that actually decreased productivity and significantly accelerated the backlog (what I refer to as “Aimless Docket Reshuffling”);
  • Nevertheless, EOIR inexplicably decides to “double down” on a known failure just because their “partners” (Sessions’s term) at DHS essentially have ordered them to do so;
  • Why “Baltimore, but not Arlington;” “San Francisco, but not San Diego,” “Denver, but not Dallas,” etc.?
  • “EOIR remains committed to the timely completion of all cases consistent with due process” — Really?
    • Lead by enforcement guru Jeff Sessions and DHS, the Trump Administration has intentionally “artificially jacked” the “backlog” to over 1.1 million cases;
    • If the approximately 350 currently authorized Immigration  Judges were all on board and each met their 700 case “quota,” the Immigration Court could complete only about 250,000 cases per year;
    • If no additional cases were filed, and none of the judges left, the pending cases wouldn’t be completed until the latter half of 2023;
    • But of course, under the Trump Administration’s mismanaged and totally undisciplined enforcement program, new cases will be piled into the system without regard to its capacity and judges will continue to burn out and leave;
    • So, effectively, there is no cogent program for getting the backlog under control — ever;
  • What’s missing from this bureaucratic never-never land is any sense of fairness, competence, or meaningful participation by those most affected by the backlogs and “Aimless Docket Reshuffling” and who possess the most expertise at arranging dockets for fairness and efficiency: sitting Immigration Judges, Respondent’s Counsel, NGOs, and respondents themselves (along, of course, with the ICE Chief Counsel unencumbered by the “DHS Enforcement Wackos“);
  • Also glaringly absent: any requirement that the DHS justify their requests to prioritize the dockets or exercise any responsible “prosecutorial discretion” to take “lower priority ” cases off the dockets;
  • A “no-brainer” in a functioning independent court system would be requiring DHS to remove one (or more) “low priority” cases for each case they wish the court to “prioritize” or otherwise move ahead of other, older pending cases.

The rapidly failing and unfair system needs aggressive oversight and monitoring — from Congress (read the House) and the Article III Courts!

Ultimately, it will continue its “death spiral” until both the EOIR bureaucracy and the Administration politicos who abuse it are permanently removed from the equation  and an independent court, run by sitting judges with assistance from other court management professionals with meaningful public input is established. A strong, independent, efficient, unbiased U.S. Immigration Court will also help ICE carry out its law enforcement mission in a professional, legal, non-discriminatory, de-politicized, and humane manner, perhaps bringing enough rationality to the system to save that beleaguered agency from its critics.

PWS

11-18-18

 

TAL @ SF CHRONICLE: DHS Enforcement Policies Calculated To Maximize Kiddie Detention @ ORR, Create Backlogs, Increase Suffering, & Maximize Long-Term Damage To Kids, Families!

More than 14,000 immigrant children are in U.S. custody, an all-time high

WASHINGTON — The number of undocumented immigrant children in government custody has topped 14,000 for the first time, a rise that shows no signs of slowing as the Trump administration enforces policies that are keeping them in care longer.

 

There were 14,056 unaccompanied immigrant minors in Health and Human Services custody on Friday, according to a government source familiar with the number. A spokeswoman for the Department of Health and Human Services confirmed that the total had reached approximately 14,000.

 

That number tops records set just two months ago, putting further strain on an already overburdened system.

 

The issue of immigrant children in government custody gained widespread attention in the spring and summer when the Trump administration separated thousands of families at the southern border. Almost all those separated children have since left Health and Human Services care, but the total number of children in the system has steadily grown.

 

The reason is that children who arrive unaccompanied in the U.S. are spending more time in holding facilities before they can be released to suitable adults, often family members. One change that has especially slowed that down is an agreement Health and Human Services signed earlier this year for Immigration and Customs Enforcement to do background checks on potential sponsors.

 

ICE confirmed in September that it had used that information to arrest undocumented adults who came forward to take custody of children. Previous administrations didn’t look into people’s immigration status when deciding whether to release children into their care, but that changed under President Trump.

 

The Health and Human Services care system was intended to be a temporary bridge for often-traumatized children into a more stable home while they sought legal status in the U.S. But the Trump administration changed course, declaring that no undocumented immigrant was off limits from potential arrest and deportation.

More: https://www.sfchronicle.com/nation/article/More-than-14-000-immigrant-children-are-in-U-S-13399510.php

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

The nasty incompetents in charge of these programs need some meaningful oversight from both Congress (read House) and the Article III Courts. When this sorry episode is finally over, there should be some accountability for both the politicos and the career bureaucrats who have designed and implemented a system intended to inflict maximum harm and suffering on kids and their families, and, in some cases, lied to cover up or mask what they are really doing. Nielsen should be first in line as she fits all the categories: intentionally inhumane (probably illegal) policies, incompetent administration, and intentional lies.

“Nice folks” working for the Government these days!

PWS

11-17-18

JULIA PRESTON @ THE MARSHALL PROJECT: Unfinished Business – Sessions Leaves Behind An Unprecedented Man-Made Human Rights Disaster & A Demoralized, Rapidly Failing U.S. Immigration Court — “I’ve never seen an attorney general who was so active in the immigration sphere and in a negative direction,” said Daniel Kowalski!”

https://www.themarshallproject.org/2018/11/07/the-immigration-crisis-jeff-sessions-leaves-behind

Julia writes:

ANALYSIS

The Immigration Crisis Jeff Sessions Leaves Behind

Assessing the ousted attorney general’s legacy on President Trump’s favorite issue.

But anyone who was following Sessions’ actions on immigration had no doubt that he was working hard. Before he was forced to resign on Wednesday, Sessions was exceptionally aggressive as attorney general, using his authority to steer the immigration courts, restrict access for migrants to the asylum system and deploy the federal courts for immigration enforcement purposes.

Under American law, the attorney general has broad powers over the immigration courts, which reside in the Justice Department not in the independent federal judiciary. Sessions, who made immigration a signature issue during his two decades as a Republican senator from Alabama, exercised those powers to rule from on high over the immigration system.

While Trump complained about Sessions, on immigration he was an unerringly loyal soldier, vigorously executing the president’s restrictionist policies.

Sessions made it his mission to reverse what he regarded as a failure to enforce order in the system by President Barack Obama and Democrats in Congress, despite plunging numbers of illegal border crossings and record deportations under the previous administration.

“No great and prosperous nation can have both a generous welfare system and open borders,” Sessions told a gathering of newly-appointed immigration judges in September. “Such a policy is both radical and dangerous. It must be rejected out of hand.”

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A primary goal he declared was to speed the work of the immigration courts in order to reduce huge case backlogs. But according to a report this week by the Transactional Records Access Clearinghouse, or TRAC, the backlogs increased during his tenure by 49 percent, reaching an all-time record of more than 768,000 cases. That tally doesn’t include more than 330,000 suspended cases, which justice officials restored to the active caseload.

“I’ve never seen an attorney general who was so active in the immigration sphere and in a negative direction,” said Daniel Kowalski, the editor of Bender’s Immigration Bulletin, a widely-used reference for lawyers. Kowalski said he’s been practicing immigration law for 33 years.

Here are some of Sessions’ measures that shaped the crisis the next attorney general will inherit:

  • He imposed case quotas on immigration judges, which went into effect Oct. 1, demanding they complete at least 700 cases a year. With compliance becoming part of a judge’s performance evaluation, the immigration judges’ association has said the quotas impinge on due process.
  • He made frequent use of the attorney general’s authority to decide cases if he doesn’t like opinions coming from the immigration courts. Sessions used that authority to constrain judges’ decision-making. He made it more difficult for them to grant continuances to give lawyers time to prepare, and he limited judges’ options to close cases where they concluded deportation was not warranted, as a way to lighten overloaded court dockets.
  • Sessions discouraged immigration judges from allowing prosecutors to exercise their discretion to set aside deportations for immigrants with families or other positive reasons to remain in the United States.
  • He issued decisions that made it far more difficult for migrants, like those coming in recent years from Central America, to win asylum cases based on fears of criminal gang violence, sexual abuse or other persecution by “private actors,” rather than governments.
  • In a policy known as zero tolerance, in April Sessions ordered federal prosecutors along the southwest border to bring charges in federal court against migrants caught crossing the border, for the crime of illegal entry. The policy resulted in parents being separated from their children, in episodes last summer that drew outrage until Trump ordered the separations to stop. But the prosecutions continue for illegal crossers who aren’t parents with children, swelling federal dockets and making it harder for prosecutors to pursue other border crimes, like narcotics and human trafficking, weapons offenses and money-laundering. In September, according to TRAC, 88 percent of the prosecutions in the Southern District of Texas were for an illegal entry misdemeanor; 65 percent of the cases in the Southern District of California were for the same minor crime.

Zero tolerance at the border

Under former Attorney General Jeff Sessions, federal prosecutors in five border districts significantly ramped up the number of misdemeanor cases they filed against migrants crossing illegally this year, particularly in south Texas.

  • Sessions took the position that a program initiated by Obama, which gave protection from deportation to undocumented immigrants who came here as children, was an overreach of executive authority. He declined to defend the program, called Deferred Action for Childhood Arrivals, or DACA, and praised Trump’s decision last year to cancel it. After federal courts allowed the program to continue, the Justice Department fought to bypass the appeals courts and get a hearing before the Supreme Court for its efforts to terminate the program.

Even though his relations with Trump soured early in his tenure, Sessions maintained a line of communication to the White House through Stephen Miller, a senior adviser. Miller was a senior staff member for Sessions in the Senate, and the two share similar views and goals for clamping down on immigration.

Lawyers and advocates say Sessions’ actions have politicized immigration court proceedings. “He stripped the judges of the authority to ensure due process and demonstrated how susceptible the courts are to the whim of politics,” said Mary Meg McCarthy, executive director of the National Immigrant Justice Center, based in Chicago.

Advocates for immigration reform said a new attorney general should restore the flexibility of immigration judges to manage their own dockets to find efficient ways to reduce their caseloads. But they said Sessions’ tenure provided new arguments for Congress to move the immigration courts out of the Justice Department to the federal judiciary.

Gregory Chen, director of government relations for the American Immigration Lawyers Association, said, “The aggressive nature of his actions infringing on the independence of the courts has made the need for a new court system even more urgent.”

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

Go to Julia’s article at the above link to get the accompanying graphics and pictures.

The Immigration Court backlog reported by TRAC now is over 1.1 MILLION cases, with no end in sight. More disturbingly, there is no coherent plan for addressing these cases in anything approaching a rational manner, nor is there a plan for restoring some semblance of due process and functionality to the Immigration Courts. Like most Trump/Sessions initiatives, it’s “we’ll create the problem, make it much worse, then hinder the efforts of others to fix it.”

Three “no-brainers ” that Sessions wouldn’t do:

  • Working with the private bar, NGOs, states, and localities  to make legal representation  available to everyone in Immigration Court who wants it;
  • Letting U.S. Immigration Judges control their own dockets and make independent decisions, free from political interference; and
  • Removing hundreds of thousands of older cases of individuals eligible to apply for “Cancellation of Removal For Non-Lawful Permanent Residents” from the Immigration Courts’ active dockets and having them adjudicated by USCIS in the first instance.

Of course an independent Article I Immigration Court is an absolute necessity. But, that will take legislation. In the meantime, the foregoing three administrative steps would pave the way for an orderly transition to Article I status while promoting Due Process, fairness, and efficiency in the system.

But, I wouldn’t count on anyone in the “Current Kakistocracy” doing the right thing or actually implementing “good government.” If the Article IIIs don’t put an end to this travesty, it will continue to get worse and pull them down into the muck until we get “regime change.”

Ironically, Trump isn’t the only one who “hasn’t had an Attorney General over the past two years.” The majority of Americans haven’t had one either; while he might be on the verge of getting “his” Attorney General, the rest of us can only look forward to more pain and misery!

PWS

11-12-18

MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!

https://slate.com/news-and-politics/2018/11/jeff-sessions-donald-trump-resign-disgrace.html

Stern writes:

Attorney General Jeff Sessions resigned on Wednesday at the request of Donald Trump. He served a little less than two years as the head of the Department of Justice. During that time, Sessions used his immense power to make America a crueler, more brutal place. He was one of the most sadistic and unscrupulous attorneys general in American history.

At the Department of Justice, Sessions enforced the law in a manner that harmed racial minorities, immigrants, and LGBTQ people. He rolled backObama-era drug sentencing reforms in an effort to keep nonviolent offenders locked away for longer. He reversed a policy that limited the DOJ’s use of private prisons. He undermined consent decrees with law enforcement agencies that had a history of misconduct and killed a program that helped local agencies bring their policing in line with constitutional requirements. And he lobbied against bipartisan sentencing reform, falsely claiming that such legislation would benefit “a highly dangerous cohort of criminals.”

Meanwhile, Sessions mobilized the DOJ’s attorneys to torture immigrant minors in other ways. He fought in court to keep undocumented teenagers pregnant against their will, defending the Trump administration’s decision to block their access to abortion. His Justice Department made the astonishing claim that the federal government could decide that forced birth was in the “best interest” of children. It also revealed these minors’ pregnancies to family members who threatened to abuse them. And when the American Civil Liberties Union defeated this position in court, his DOJ launched a failed legal assault on individual ACLU lawyers for daring to defend their clients.

The guiding principle of Sessions’ career is animus toward people who are unlike him. While serving in the Senate, he voted against the reauthorization of the Violence Against Women Act because it expressly protected LGBTQ women. He opposed immigration reform, including relief for young people brought to America by their parents as children. He voted against the repeal of Don’t Ask, Don’t Tell. He voted against a federal hate crime bill protecting gay people. Before that, as Alabama attorney general, he tried to prevent LGBTQ students from meeting at a public university. But as U.S. attorney general, he positioned himself as an impassioned defender of campus free speech.

While Sessions doesn’t identify as a white nationalist, his agenda as attorney general abetted the cause of white nationalism. His policies were designed to make the country more white by keeping out Hispanics and locking up blacks. His tenure will remain a permanent stain on the Department of Justice. Thousands of people were brutalized by his bigotry, and our country will not soon recover from the malice he unleashed.

His successor could be even worse.

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

Can’t overstate the intentional damage that this immoral, intellectually dishonest, and bigoted man has done to millions of human lives and the moral and legal fabric of our country. “The Father of the New American Gulag,” America’s most notorious unpunished child abuser, and the destroyer of Due Process in our U.S. Immigration Courts are among a few of his many unsavory legacies!

The scary thing: Stern is right — “His successor could be even worse.”  If so, the survival of our Constitution and our nation will be at risk!

PWS

11-06-18

SCOFFLAW KAKSITOCRACY: Trump Politicos Were Advised That “Zero Tolerance” & Family Separation Likely Illegal & Unconstitutional – They Went Ahead Anyway!

https://www.washingtonpost.com/news/posteverything/wp/2018/10/25/feature/civil-servants-said-separating-families-was-illegal-the-administration-ignored-us/

Scott Shuchart writes in the Washington Post:

The meeting was way overdue, and it wasn’t going well.

It was May 21. The Department of Homeland Security, where I worked as a senior adviser in the Office for Civil Rights and Civil Liberties, had been making a show of prosecuting undocumented immigrant parents for weeks, cleaving them from their children without paying much attention to where the family members went or setting up any procedure for tracking and reuniting them later.

My office had played a central role, for years, in Homeland Security’s treatment of families and children. But when a cadre of Trump administration political appointees put the family separation plan into motion, neither they nor the career staff in the immigration enforcement agencies under DHS consulted with the civil servants in my office. When media reports throughout April and May led us to understand what was going on, we had urgent questions: What exactly was the policy? What had DHS’s front-line agents in Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) been told to do? How had the department assessed the risk that litigation would interfere with the policy? How was this justified in light of our treaty obligations toward refugees? And why was the department pushing out transparently misleading — or simply false — statistics to justify these steps? We were obliged, under the law that created our office, to register our objections that the administration was knowingly violating people’s rights.

But the top political appointee at the May meeting — John Mitnick, the experienced, Senate-confirmed general counsel — and his deputy seemed confused that the civil rights office would see any cause for concern. The administration was claiming in public that a policy of prosecuting all border crossers didn’t target families as such, so it could not present any legal issues. And if there were any issues, they hadn’t been raised ahead of time.

That was false. The next day, I called around to colleagues who confirmed that there had been multiple interagency phone calls and documents, involving the State and Justice departments as well as DHS, making clear that lawyers throughout the government worried that deliberately separating families could violate migrants’ rights under humanitarian treaties or U.S. law. But the political appointees simply didn’t listen. And a few weeks later, I came across an April 24 memo — signed by the very officials I had met with a month later — acknowledging, but dismissing, the legal risks. Even worse, it encouraged indicting immigrants specifically because doing so would justify separating families, arguing that the government’s “legal position” on “separating adults and children through the immigration process . . . is likely strongest [when] separation occurs in connection with a referral of an adult family member for criminal prosecution.”

Mitnick, through a DHS spokeswoman contacted by The Washington Post, declined to comment for this story. That spokeswoman, Katie Waldman, said: “The Department of Homeland Security does not disclose or comment on privileged legal advice provided by our attorneys to the Secretary or other officials, and therefore, unfortunately, we are not in a position to refute false narratives put forward by a former employee. We note, however, that in order to address the crisis at the border, the Trump Administration made a decision to enforce long-standing U.S. law and refer for prosecution under 8 U.S.C. § 1325(a) adults who crossed into the United States illegally. As we have repeatedly stated, the policy was to enforce the law, not to separate families.”

She also sent a statement from Cameron Quinn, the Trump appointee who runs the office I worked in: “I participated in the meeting in question. It was a brief, general discussion, and Mr. Mitnick made it clear that he desired to work collegially with our office.”

By law, our job in that office was to ensure that “the civil rights and civil liberties of persons are not diminished” by DHS’s programs. When it became clear that the department would be tearing families apart and — thanks to incompetence, dishonesty and sheer disinterest — had no reasonable plan to put them back together, I realized I could not do that. A few weeks after that meeting, I quit my job and left public service, carrying a profound sense of failure.

Children and parents from Central America, part of a caravan trying to reach the United States, wait to apply for asylum in Mexico at a checkpoint in Ciudad Hidalgo on Oct. 20. (Ueslei Marcelino/Reuters)

The government formally announced the family separation policy in April. The point was clear, as several officials later admitted: By threatening to separate their children, the administration hoped to deter Central American asylum seekers from coming here in search of humanitarian protection. Then-Homeland Security Secretary John Kelly had suggested the practice during a CNN interview in March 2017, and it had been gaining support in the White House since then.

Many senior civil servants at DHS believed that the policy violated the civil and human rights of migrants. (Many of them, like me, were trained and licensed attorneys, though our role was to give policy advice, not legal advice.) Crossing the border to surrender immediately to authorities and claim asylum is protected by the United Nations refu­gee protocol signed by the United States. Even for families outside that protection, the substantive due process principle in the Constitution suggests that it is illegitimate to threaten to harm or abscond with someone’s children to deter the commission of a misdemeanor. (First-time unlawful entry is the lowest level of federal crime.)

During past surges in border crossings, such as in 2005, 2006 and 2007 under George W. Bush and 2014 under Barack Obama, the civil rights office was central to planning humane and effective protections for migrants as they were arrested, detained, screened and, if they passed initial “credible fear” screenings, placed into immigration court proceedings. But Trump appointees such as White House adviser Stephen Miller, Attorney General Jeff Sessions, DHS Secretary Kirstjen Nielsen, CBP Commissioner Kevin McAleenan and U.S. Citizenship and Immigration Services (USCIS) Director L. Francis Cissna — along with many deputies, assistants and enablers inside ICE and CBP who dreamed up the “zero tolerance” policy — didn’t consult career experts like me: not when it was being considered last year, not when it was unveiled and not for the critical weeks afterward, even as we begged to share our legal and policy analyses.

My job was to ensure that the government did not violate clearly established individual rights, and the Trump administration was pushing a policy whose principal aim was to do just that. My colleagues and I identified a number of constitutional provisions and related case law holding that parents had rights to due process that could limit the ability of the government to separate them from their children for civil immigration violations. That meant that once parents served their typically short criminal sentences for crossing the border illegally, they should have been reunited with their children. Our research also suggested that threatening to detain children separately, and threatening civil detention generally to deter future conduct, was probably unconstitutional.

In our capacity as a gateway for public complaints about DHS, my office was analyzing hundreds of incidents of family separation, including dozens sent over by career staff at the Department of Health and Human Services, which was taking custody of children who had been separated from their parents. We noticed early that CBP and ICE weren’t providing HHS with proper records to allow families to be reunited or pursue their immigration cases jointly. We recommended that officials tell parents promptly and clearly where their children were going, how they could be reached and how family members could get them out of government custody while the parents were detained. Perhaps most urgently, we tried to ensure that children with serious disabilities were not thrown into a system unprepared to care for them. As allegations emerged of chaotic separations and deliberate lies — parents being told that their children were headed to a shower when they were instead placed in another agency’s custody — we started drafting guidelines and training for the Border Patrol agents on the ground. Above all, we tried to ring the alarm that the legal, strategic and human dimensions of the policy hadn’t been thought through, needed fast improvement and posed a massive liability for the government.

My colleagues and I learned while reviewing internal DHS documents through April and May that CBP had, the previous fall, undertaken a pilot project of prosecuting parents with small children who crossed the border illegally near El Paso, leading to a wave of separated families. But when we asked the acting second-ranking CBP official about it, he denied having any information.

That was also false. The formal memo to Nielsen from CBP, ICE and USCIS recommending the family separation policy had justified it on the basis of this same El Paso project, including misleading statistics that had already been debunked by Vox when DHS tried to pass them off to reporters.

Every attempt to raise civil rights concerns led nowhere: a lengthy staff memo to my boss, the top civil rights official; efforts to explain in meetings the toll on our staff from investigating complaints of children and parents who had been separated, without any communication to get back together; multiple efforts to schedule, and reschedule, a briefing that James McCament, the head of the DHS Office of Policy, had promised near the start of the crisis but never convened. Civil servants advanced recommendations for mitigating the worst of the harm; we suggested improving record-keeping, giving separated parents and children better information, and permitting more regular phone calls among families.

After hundreds of complaints filed by migrant children, parents and advocates on their behalf, my office finally managed to arrange a meeting in June with CBP managers to understand how they were separating families and to present ideas about how to do it in a more humane way, if they insisted on doing it. My notes from the meeting record my boiling frustration with the absurd answers we received. Border Patrol agents dismissed our offer to train them on how to speak to children after ripping them from their families. “No,” we were told, “many of our agents are parents themselves. They are very empathetic to the child’s needs and will know what to do.” Had officials in Washington directed agents to record family members’ names and information, so they could later be reunited? “I think we sent an email.” Can we see the email so we know what agents were directed to do? “Um, I’d have to find it.” (The official never did.) Is there a written policy on how to determine whether children have suffered trauma or have some other condition that would mean separating them from their parents would do too much harm? “No, we have no need for written policy. It’s simply ingrained in law enforcement culture.”

The culture ingrained at CBP, though, is one where the Border Patrol’s union opened its podcast (“The Green Line”) with the oath of the Night’s Watch from “Game of Thrones” — the pledge of a band of warrior monks to protect a magical kingdom from an army of ice zombies. If federal law enforcement agents see Central American children as the moral equivalent of the frozen undead, we can’t expect them to understand intuitively how to detain and process them humanely without training, guidance and leadership. That’s why my colleagues and I were pushing for record-keeping, communication and other policies that Trump appointees ignored. (Representatives of the Border Patrol union did not immediately return requests for comment from The Post.)

A U.S. Border Patrol agent acknowledges a family that had illegally crossed the Rio Grande from Mexico in Fronton, Tex., on Oct. 18. (Adrees Latif/Reuters)

It would be easy to see all this as part of the federal sausage-making, the usual intentional delays and risk-managing memos that bureaucrats deploy. But this level of dishonesty and subterfuge was unusual. This month, the DHS inspector general released a report making clear that the incompetence in managing family separation was pervasive, from a lack of planning, to “information provided to alien parents [that] resulted in some parents not understanding that their children would be separated from them,” to false public claims of having a “central database” of parents and children.

The Department of Homeland Security is filled with excellent, dedicated public servants. But it also has enormous authority and the power to enforce thousands of laws well or badly. Its leaders have a responsibility to give their people orders that they can competently and ethically execute, and the tools and guidance to do so. The family separation crisis represented a new frontier in weaponizing DHS’s authority, and its borderline competence, to disastrous effect. Front-line officers weren’t given enough guidance, and their managers in the field didn’t do enough to help them figure it out. Only the administration’s naivete in failing to predict the bipartisan public outrage kept it from being worse.

But most culpable were the high-level appointees, unwilling to take ownership of what they’d decided to do; lying to their staffs in the expectation that nobody really cared what happened to poor Central American kids; cynical about the notion that most of us who swear an oath to uphold the Constitution actually mean it. I cast about for more to do, but within a month of that June meeting, I realized there was no way to keep my oath and my job.

I quit.

Outlook • Perspective

Scott Shuchart was a senior adviser at the Department of Homeland Security’s Office for Civil Rights and Civil Liberties from 2010 to 2018. He is a non-resident senior fellow at the Center for American Progress. Follow @scottshuchart

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Seems like these are precisely the type of knowingly lawless, extra-legal actions that personal liability under the “Bivens doctrine” is supposed to discourage and prevent. It remains to be seen whether the Federal Courts, particularly the Supremes, will have the backbone to hold scofflaw Government officials like Sessions, Nielsen, Miller, & co. personally accountable for their intentional perversions of the rule of law. Recently, the Supremes have indicated that a majority would like to narrowly limit or even abolish Bivens liability.  Just when the country needs it most to rein in an out of control Administration!
PWS
10-29-18

 

POPULATION OF TENT CITIES IN TRUMP’S “KIDDIE GULAG” HAS INCREASED 5X – The Solution, According To Trump, Sessions, Nielsen, & Miller: Detain Even More Children & Families For Longer Periods Of Time!

https://www.buzzfeednews.com/article/amberjamieson/tornillo-tent-city?utm_term=.oolylVZRJr#.oolylVZRJr

Amber Jamieson reports for BuzzFeed News:

TORNILLO, Texas — Having immigrant teens live in the “tent city” in Tornillo, Texas, was always supposed to be a temporary solution, after the Trump administration’s policy of separating immigrant families at the border meant the government didn’t have enough beds in the shelter system.

It opened in June, and the contractor running the site had a 30-day contract. At that time, 326 children were being housed there.

But four months after its opening, the shelter 30 miles outside of El Paso has grown into a bustling town. It now holds nearly five times its initial population — roughly 1,500 teens — and its contract has been extended until at least Dec. 31.

The tent city’s purpose has changed as well. Officials at the Department of Health and Human Services, the federal agency responsible for the care of unaccompanied child immigrants, say none of the teens currently housed there were detained as a result of family separations. It now holds immigrant children who crossed the border without an adult, in theory as a last stage of their stay in the vast US shelter bureaucracy.

And as the shelter expands, administrative issues have cropped up concerning legal representation and FBI background checks — extending many teens’ stays longer than what HHS says is the average.

Tornillo now has a new football field, math and English classes, and more than 100 tent structures. Staffers zipped around in carts between dozens of portable offices offering mental health services, emergency medical care, legal services, and even a barber. A huge emergency tent has been turned into a sleeping hall for 300 teenage girls, decorated with paper chains and lanterns.

BuzzFeed News toured the Tornillo facility for the second time on Friday, as part of a group of reporters. Like the first and only other tour, instructions were strict. No photographs or recording devices were allowed, and reporters were not permitted to use the names of employees or speak with the teens living at the camp — though HHS was more lenient on the last rule during Friday’s tour. The only photos were provided by the government.

The facility in Tornillo, Texas.

HHS

The facility in Tornillo, Texas.

“I frankly thought we were done here in July,” the facility’s incident commander, who works for the contractor BCFS, told reporters Friday. He spoke from a new command center that is nearly triple the size of the office he occupied in June.

Back then, the same incident commander, who is in charge of running the shelter, called the Trump administration’s family separation policy — which created the need for Tornillo — “an incredibly dumb, stupid decision.” With the rollback of that policy, he said he expected the camp to shut soon afterward.

“I’m still here, ’cause otherwise, where are these kids going?” the commander said.

Only children between ages 13 and 17 stay at the Tornillo facility, which is now the largest in the HHS’s nationwide system. Pregnant teens, and teens requiring behavioral medication, are not allowed — “we’re too big, too high-profile,” the incident commander explained.

Officials said the average length of time that teens spend at Tornillo is 25 days. Yet many of the teens living at the camp have spent weeks or even months in HHS shelters before arriving at Tornillo. In order to clear out those other facilities, teens are sent to the tent shelter to await final processing before they are released to a sponsor in the US.

“This is a last stop, if you will,” said Mark Weber, a spokesperson for HHS.

Ten teens in Tornillo BuzzFeed News encountered had spent between three to five months in government detention — significantly more than the 59 days that HHS says is the average stay for an unaccompanied immigrant minor in its care. That average is up from 48 days in 2017, and around 30 days during the Obama administration.

Christopher Smith / HHS Photo Christopher Smith

And even after arriving in Tornillo, the young occupants find themselves facing a fresh final set of administrative hurdles that threaten to complicate or delay their stay in the US shelter system.

One of the teens BuzzFeed News spoke with last week, a 16-year-old girl from Guatemala, told reporters that she’d been in Tornillo exactly one month on Saturday. Before being transferred to Texas, she had spent four months in an HHS shelter in Miami, meaning she’d already spent five months in HHS care. She was uncertain how much longer she’d remain there.

Her brother, who lives in Texas and had been in the US for a decade, is trying to sponsor her, which should secure her release. But he is undocumented, and he told her that her caseworker is not sure if he will be able to act as a sponsor.

She didn’t want to go back to Guatemala, where her parents are. “I suffered a lot in the journey [to the United States], and what, for nothing?” she said.

Another teenage girl standing next to her told reporters she’d also come to Tornillo from the Miami shelter at the same time, and that she’d crossed the border four months earlier.

The delays stem in part from a new requirement — that the FBI perform a fingerprint background check — imposed by the Trump administration on family members and other adults who wish to sponsor an unaccompanied immigrant minor.

Those changes are delaying how long kids are staying in care, and have created the ongoing need for Tornillo to operate as a temporary shelter to handle the overflow from permanent HHS shelters, said the incident commander. He added that more than half of the children at the Tornillo shelter are there because of FBI delays.

Christopher Smith / HHS Photo Christopher Smith

“It is the extra precaution that HHS has put in place for sponsors,” said the incident commander on Friday. “That is absolutely what has caused this, without any question whatsoever.”

While he applauded the extra care HHS has taken to ensure the safety of unaccompanied minors, the incident commander criticized the length of time the FBI takes to do fingerprint checks. On Friday, 826 of the kids in Tornillo were still awaiting the results of fingerprint checks, the final step needed before they are released, he said.

“I think it should be done quickly,” the incident commander said. “I don’t understand why it’s taking so long. It seems like a system issue. … That is frustrating to me.”

He noted that it takes time to do background checks, but said that HHS is “working through the process [with the FBI] and working to speed it up.” He did not provide further details.

Asked if the teens who end up in Tornillo spend longer than the average stay in the shelter system, Weber replied: “I don’t think that’s [true]. … These kids are very close to being released.”

Weber also argued that the need for the Tornillo facility is “driven by the number of kids crossing the border” — which this year, he said, is set to be the third highest on record. Around 50,000 unaccompanied minors are expected to cross the border this year.

Christopher Smith / HHS Photo Christopher Smith

On Thursday, BuzzFeed News visited the juvenile immigration proceedings in downtown El Paso. Eleven teenage boys from the Tornillo facility, aged between 15 and 17, had been given notice to appear in court on that day.

The boys were dressed in new, matching navy and white polo shirts, denim jeans or khakis, and black, braided leather belts. They had fresh haircuts.

The judge asked the boys if they had copies of their Notices to Appear, a charging document issued by US Immigration and Customs Enforcement informing them of removal proceedings, and read the date on which each NTA had been issued. Dates ranged from June 6 until July 1, meaning the teenagers had been in HHS care for a minimum of over three months — longer than the average stay.

None of the boys had legal representation at the court hearing — they were just accompanied to court by a BCFS employee. All of them asked the judge to delay their cases so they could find an immigration lawyer. They were given until late January to do so.

The HHS spokesperson said it’s just not his agency’s job. “Yes, children are appearing in court, but that is not part of HHS’s responsibility,” Weber told reporters on Friday. “Those legal options are pursued basically after they are released from us.”

Juveniles facing immigration proceedings do not have the right to a government-appointed lawyer. Weber said the children who appeared in court would absolutely have received legal help beforehand.

Everyone in HHS care receives a “Know Your Rights” training, Weber said, and upon arrival to Tornillo, the teenagers are again reminded that they are able to speak with a lawyer. Ten legal representatives — a combination of lawyers and social workers from different legal organizations — are on hand on weekdays in Tornillo to meet with children.

But those lawyers don’t formally represent them. They offer advice to the children.

And those representatives only meet with detainees if the teen specifically asks to see a lawyer, the incident commander said. He estimated that of the approximately 3,100 teens who have been housed at Tornillo since it opened, only about 400 had requested and received a meeting with a legal representative.

Christopher Smith / HHS Photo Christopher Smith

Moreover, to organize a meeting with the lawyers, the children must fill out a form — a difficult task for many of the children at Tornillo. The incident commander said most of the facility’s residents are at a fourth-grade learning level.

Asked how children in the care of HHS with very little education were supposed to be able to navigate the legal system alone, or even the process of arranging and interacting with a lawyer, Weber acknowledged that “negotiating the legal system is incredibly difficult.”

Although the incident commander is hopeful the facility will close on Dec. 31, Weber didn’t commit to that deadline. “It depends how many kids come,” he said.

The facility — its population peaked at 1,637 on Sept. 28 — has 1,400 beds on standby in two giant tents. This is in case the Homestead shelter in Florida — another temporary facility that opened during the family separation crisis — needs to evacuate due to a hurricane.

In immigration court Thursday, Judge Robert S. Hough, who oversees all juvenile immigration proceedings in El Paso, asked the BCFS employee assisting the children before him about Tornillo’s supposed Dec. 31 closing date.

“Hurry up and wrap it up before you get any bigger,” suggested the judge.

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Once the smokescreen of all the Trump lies and racism clears, how could we ever explain to future generations what we have done to the most vulnerable among us and to children, young people, and young families that are our world’s future?  I guess it will go along with explaining how have we let Trump and his grifter buddies destroy, pollute, and poison the universe that also belongs to future generations.

PWS

10-15-18

 

MILLER & TRUMP ADMINISTRATION HATCHING ANOTHER ILLEGAL CHILD SEPARATION PROGRAM AS THEIR CRUEL & COUNTERPRODUCTIVE WHITE NATIONALIST ENFORCEMENT CONTINUES TO FAIL!

https://www.washingtonpost.com/local/immigration/trump-administration-weighs-new-family-separation-effort-at-border/2018/10/12/45895cce-cd7b-11e8-920f-dd52e1ae4570_story.html?utm_term=.e82d531c008e

Nick Miroff, Josh Dawsey, & Maria Sacchetti report for WashPost:

The White House is actively considering plans that could again separate parents and children at the U.S.-Mexico border, hoping to reverse soaring numbers of families attempting to cross illegally into the United States, according to several administration officials with direct knowledge of the effort.

One option under consideration is for the government to detain asylum-seeking families together for up to 20 days, then give parents a choice — stay in family detention with their child for months or years as their immigration case proceeds, or allow children to be taken to a government shelter so other relatives or guardians can seek custody.

That option — called “binary choice” — is one of several under consideration amid the president’s frustration over border security. Trump has been unable to fulfill key promises to build a border wall and end what he calls “catch and release,” a process that began under past administrations in which most detained families are quickly freed to await immigration hearings. The number of migrant family members arrested and charged with illegally crossing the border jumped 38 percent in August and is now at a record level, according to Department of Homeland Security officials.

Senior administration officials say they are not planning to revive the chaotic forced separations carried out by the Trump administration in May and June that spawned an enormous political backlash and led to a court order to reunite families.

But they feel compelled to do something, and officials say senior White House adviser Stephen Miller is advocating for tougher measures because he believes the springtime separations worked as an effective deterrent to illegal crossings.

At least 2,500 children were taken from their parents over a period of six weeks. Crossings by families declined slightly in May, June and July before surging again in August. September numbers are expected to be even higher.

While some migrants worried about separations, others felt seeking asylum was worth the risk

For some seeking asylum, family separations were worth the risk: ‘Whatever it took, we had to get to this country’

While some inside the White House and DHS are concerned about the “optics” and political blowback of renewed separations, Miller and others are determined to act, according to officials briefed on the deliberations. There have been several high-level meetings in the White House in recent weeks about the issue. The “binary choice” option is seen as one that could be tried out fairly quickly.

“Career law enforcement professionals in the U.S. government are working to analyze and evaluate options that would protect the American people, prevent the horrific actions of child smuggling, and stop drug cartels from pouring into our communities,” deputy White House press secretary Hogan Gidley said in an emailed statement.

Any effort to expand family detentions and resume separations would face multiple logistical and legal hurdles.

It would require overcoming the communication and data management failures that plagued the first effort, when Border Patrol agents, Immigration and Customs Enforcement officials and Department of Health and Human Services caseworkers struggled to keep track of separated parents and children.

The Trump administration believes it is on solid legal ground, according to two officials, in part because U.S. District Judge Dana M. Sabraw, who ordered the government to reunite separated families in June, approved the binary-choice approach in one of his rulings. But a Congressional Research Service report last month said “practical and legal barriers” remain to using that approach in the future and said releasing families together in the United States is “the only clearly viable option under current law.”

‘Administration officials said the CRS report cited earlier legal rulings. But the American Civil Liberties Union, which launched the separations lawsuit, disputed that interpretation and said it would oppose any attempt at expanded family detentions or separations.

“The government need not, and legally may not, indiscriminately detain families who present no flight risk or danger,” ACLU attorney Lee Gelernt said in an email. “It is deeply troubling that this Administration continues to look for ways to cause harm to small children.”

Another hurdle is that the government does not have detention space for a large number of additional families. ICE has three “family residential centers” with a combined capacity of roughly 3,000 parents and children. With more than four times that many arriving each month, it is unclear where the government would hold all the parents who would opt to remain with their children.

But Trump said in his June 20 executive order halting family separations that the administration’s policy is to keep parents and children together, “including by detaining” them. In recent weeks, federal officials have taken steps to expand their ability to do that.

In addition to considering “binary choice” and other options, officials have proposed new rules that would allow them to withdraw from a 1997 federal court agreement that bars ICE from keeping children in custody for more than 20 days.

The rules would give ICE greater flexibility to expand family detention centers and potentially hold parents and children longer, though lawyers say this would be likely to end up in court.

Officials have also imposed production quotas on immigration judges and are searching for more ways to speed up the calendar in its courts to adjudicate cases more quickly.

Federal officials arguing for the tougher measures say the rising number of family crossings is a sign of asylum fraud. DHS Secretary Kirstjen Nielsen has blasted smugglers for charging migrants thousands of dollars to ferry them into the United States, knowing that “legal loopholes” will force the administration to release them pending a court hearing. Federal officials say released families are rarely deported.

Advocates for immigrants counter that asylum seekers are fleeing violence and acute poverty, mainly in Central America, and deserve to have a full hearing before an immigration judge.

“There is currently a crisis at our southern border,” DHS spokeswoman Katie Waldman said in a statement, adding, “DHS will continue to enforce the law humanely, and will continue to examine a range of options to secure our nation’s borders.”

In southern Arizona, so many families have crossed in the past 10 days that the government has been releasing them en masse to shelters and charities. A lack of available bus tickets has stranded hundreds of parents and children in Tucson, where they sleep on Red Cross cots in a church gymnasium.

At a Senate hearing Wednesday, Sen. John Kyl (R-Ariz.) told Nielsen that migrants were “flooding into the community” and that authorities there had “no ability to do anything about it.”

Nielsen said lawmakers needs to give DHS more latitude to hold families with children in detention until their cases can be fully adjudicated — a process that can take months or years because of huge court backlogs.

DHS officials have seen the biggest increase this year in families arriving from Guatemala, where smugglers called “coyotes” tell migrants they can avoid detention and deportation by bringing a child, according to some community leaders in that country.

On Friday, Nielsen called for a regional effort to combat smuggling and violence in the region and to “heighten our penalties for traffickers.”

“I think there’s more that we can do to hold them responsible, particularly those who traffic in children,” she said in a speech in Washington at the second Conference on Prosperity and Security in Central America.

More than 90,000 adults with children were caught at the southwest border in the first 11 months of fiscal 2018. The previous high for a single year was 77,600 in 2016

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

My recollection is that 1) the DOJ conceded in court that a policy of intentionally separating families is unconstitutional; and 2) Federal Courts have held that detention of individuals who are neither security risks nor likely to abscond for the primary purpose of “deterrence” is illegal.

So, if this facially illegal program is put into action, why shouldn’t Stephen Miller go to jail and be held personally liable for all the damages he causes with his scofflaw racist policies? Why shouldn’t Nielsen, Sessions, and others who are part of the Miller White Nationalist scheme also be held personally liable?

More cruelty, more wasting of taxpayer resources, more abuse of the judicial process by the Trump Administration.

Oh, and by the way. although today’s out of control U.S. Immigration Court backlogs began with “Aimless Docket Reshuffling” during the Bush II and Obama Administrations, Sessions and the Trump Administration have pushed them to astounding new levels with their incompetence and anti-asylum bias. Don’t blame the victims for the Government’s irresponsible actions!

If folks who believe in human decency and the rule of law don’t get out and vote, these abuses and degradations of our national values will continue.

PWS

10-12-18

GONZO’S WORLD: DHS IG REPORT SLAMS GONZO’S “KIDDIE GULAG” WHILE CRITICISM OF INTENTIONAL CHILD ABUSE BY HIM AND OTHERS IN THE ADMINISTRATION CONTINUES TO MOUNT — Will The Article IIIs Eventually Draw The Line Between Incompetence & Intentional, Malicious Violations Of Constitutional Rights & Hold Gonzo & His Collaborators in DHS & ORR Personally Liable Under “Bivens?”

https://www.washingtonpost.com/world/national-security/trumps-family-separation-policy-was-flawed-from-the-start-watchdog-review-says/2018/10/01/c7134d86-c5ba-11e8-9b1c-a90f1daae309_story.html

 

October 1 at 7:44 PM

The Trump administration’s “zero tolerance” crackdown at the border this spring was troubled from the outset by planning shortfalls, widespread communication failures and administrative indifference to the separation of small children from their parents, according to an unpublished report by the Department of Homeland Security’s internal watchdog.

The report, a copy of which was obtained by The Washington Post, is the government’s first attempt to autopsy the chaos produced between May 5 and June 20, when President Trump abruptly halted the separations under mounting pressure from his party and members of his family.

The DHS Office of Inspector General’s review found at least 860 migrant children were left in Border Patrol holding cells longer than the 72-hour limit mandated by U.S. courts, with one minor confined for 12 days and another for 25.

Many of those children were put in chain-link holding pens in the Rio Grande Valley of southern Texas. The facilities were designed as short-term way stations, lacking beds and showers, while the children awaited transfer to shelters run by the Department of Health and Human Services.

U.S. border officials in the Rio Grande Valley sector, the busiest for illegal crossings along the nearly 2,000-mile U.S.-Mexico border, held at least 564 children longer than they were supposed to, according to the report. Officials in the El Paso sector held 297 children over the legal limit.

The investigators describe a poorly coordinated interagency process that left distraught parents with little or no knowledge of their children’s whereabouts. In other instances, U.S. officials were forced to share minors’ files on Microsoft Word documents sent as email attachments because the government’s internal systems couldn’t communicate.

“Each step of this manual process is vulnerable to human error, increasing the risk that a child could become lost in the system,” the report found.

Based on observations conducted by DHS inspectors at multiple facilities along the border in late June, agents separated children too young to talk from their parents in a way that courted disaster, the report says.

“Border Patrol does not provide pre-verbal children with wrist bracelets or other means of identification, nor does Border Patrol fingerprint or photograph most children during processing to ensure that they can be easily linked with the proper file,” the report said.

“It is a priority of our agency to process and transfer all individuals in our custody to the appropriate longer-term detention agency as soon as possible,” U.S. Customs and Border Protection, which includes Border Patrol, said in a statement. “The safety and well-being of unaccompanied alien children . . . is our highest responsibility, and we work closely with the Department of Health and Human Services (HHS) Office of Refugee Resettlement to ensure the timely and secure transfer of all unaccompanied minors in our custody as soon as placement is available from HHS.”

In its Sept. 14 response to the inspector general’s report, DHS acknowledged the “lack of information technology integration” across the key immigration systems and “sometimes” holding children beyond the 72-hour limit.

Jim Crumpacker, the DHS official who responded to the report, said the agency held children longer mainly because HHS shelter space was unavailable. But he said transferring children to less-restrictive settings is a priority.

On June 23, three days after the executive order halting the separations, DHS announced it had developed a “central database” with HHS containing location information for separated parents and minors that both departments could access to reunite families. The inspector general found no evidence of such a database, the report said.

“The OIG team asked several [Immigration and Customs Enforcement] employees, including those involved with DHS’ reunification efforts at ICE Headquarters, if they knew of such a database, and they did not,” it states. “DHS has since acknowledged to the OIG that there is no ‘direct electronic interface’ between DHS and HHS tracking systems.”

Inspectors said they continue to have doubts about the accuracy and reliability of information provided by DHS about the scope of the family separations.

In late June, a federal judge ordered the government to reunite more than 2,500 children taken from their parents, but three months later, more than 100 of those minors remain in federal custody.

The inspector general’s report also found that U.S. Customs and Border Protection (CBP) restricted the flow of asylum seekers at legal ports of entry and may have inadvertently prompted them to cross illegally. One woman said an officer had turned her away three times, so she crossed illegally.

At one border crossing, the inspection team saw CBP attempt to increase its detention space by “converting former offices into makeshift hold rooms.”

The observations were made by teams of lawyers, inspectors and criminal investigators sent to the border amid concerns raised by members of Congress and the public. They made unannounced visits to CBP and ICE facilities in the border cities of El Paso and McAllen, Tex.

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Meanwhile, over at Vanity Fair, Isobel Thompson give us the “skinny” on how the self-created “Kiddie Gulag” that Sessions, Stevie Miller, and Nielsen love so much has turned into total chaos, with the most vulnerable kids among us as its victims. We’ll be feeling the effects of these cruel, inhuman, and unconstitutional policies for generations!

https://www.vanityfair.com/news/2018/10/donald-trump-child-detention-crisis-is-getting-worse

Three months after Donald Trump gave in to global opprobrium and discontinued his administration’s policy of separating children from their parents at the Mexican border, the stark impact of his zero-tolerance directive continues to unfold, with reports emerging that, in the space of a year, the number of migrant children detained by the U.S. government has spiked from 2,400 to over 13,000—despite the number of monthly border crossings remaining relatively unchanged. The increase, along with the fact that the average detainment period has jumped from 34 to 59 days, has resulted in an accommodation crisis. As a result, hundreds of children—some wearing belts inscribed with their emergency-contact information—have been packed onto buses, transported for hours, and deposited at a tented city in a stretch of desert in Tornillo, West Texas. According to The New York Times, these journeys typically occur in the middle of the night and on short notice, to prevent children from fleeing.

The optics of the child-separation crisis have been some of the worst in history for the Trump administration, and the tent city in Tornillo is no exception. The facility is reportedly run according to “guidelines” provided by the Department of Health and Human Services, but access to legal aid is limited, and children—who sleep in bunks divided by gender into blocks of 20—are given academic workbooks, but no formal teaching. In theory, the hundreds of children being sent to Tornillo every week should be held for just a short period of time; the center first opened in June as a temporary space for about 400. Since then, however, it has been expanded to accommodate 3,800 occupants for an indefinite period.

Again, the lag time is largely thanks to the White House. Typically, children labeled “unaccompanied minors” are held in federal custody until they can be paired with sponsors, who house them as their immigration case filters through the courts. But thanks to the harsh rhetoric embraced by the White House, such sponsors are now in short supply. They’re often undocumented immigrants themselves, which means that in this environment, claiming a child would put them at risk for deportation. In June, that risk became even more acute when authorities announced that potential sponsors would have to submit their fingerprints, as well as those of any adults living in their household: data that would then be passed to immigration authorities. Matthew Albence, who works for Immigration and Customs Enforcement, unwittingly illustrated the problem when he testified before Congress last week that I.C.E. had arrested multiple people who had applied to sponsor unaccompanied minors. Almost three-quarters had no criminal record.

Over time, the number of detained children is only expected to increase. According to The Washington Post, the flood of Central American immigrants moving north, driven by “hunger, joblessness, and the gravitational pull of the American economy,” shows no sign of abating. The number of men who cross the border with children has reportedly risen from 7,896 in 2016 to 16,667 this year, while instances of migrants falsely claiming children as their own have reportedly increased “threefold.” “Economic opportunity and governance play much larger roles in affecting the decision for migrants to take the trip north to the United States,” Kevin McAleenan, a border-security official, told the Post, adding that “a sustained campaign that addresses both push and pull factors” is “the only solution to this crisis.”

Given the attitude of the current administration, such a campaign seems unlikely to materialize. With Congress poorly positioned to pass comprehensive immigration reform, and a suddenly swamped detention system draining money and resources and damaging the mental health of thousands of children, the escalating crisis seems poised to become an ever more serious self-inflicted thorn in the president’s side. Although the White House is confident that, as hard-liner Stephen Miller boasts, it can’t lose on immigration, it will at some point be forced to acknowledge that its draconian strategy has morphed into chaos.

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

Wonder if any of these evil dudes who along with Sessions helped plan and  implement the “Kiddie Gulag” knowing that it was likely in violation of the Constitution (in Federal court, DOJ lawyers didn’t even contest that a policy of intentional child separation would be unconstitutional) took out the “Bivens Insurance” offered to USG employees at relatively low-cost (I sure did!).

The only good news is that they are likely to be tied up in law suits seeking damages against them in their personal capacities for the rest of their lives!

So, perhaps there will eventually be some justice! But, that’s still won’t help traumatized kids whose lives have been screwed up forever as an illegal, immoral, and bogus, “deterrent” by a racist White Nationalist regime.

PWS

10-02-18

TAL @ CNN: Misogyny, Racism, White Nationalism, Intentional Child Abuse @ Heart of Trump/Sessions Ugly Restrictionist Immigration Policies!

Trump’s immigration policies have especially affected women and domestic violence victims

By: Tal Kopan, CNN

The Salvadoran woman could not escape her ex-husband’s abuse. Even after their divorce, he tracked her down in a town two hours away, raped her, and separately had a friend and his police officer brother threaten her directly. So she snuck into the US and applied for asylum.

Then Attorney General Jeff Sessions used her case to make it extremely difficult for her and women like her to get those protections.

The identity of the woman in the case remains anonymous. But her story is too familiar for the advocates and attorneys who work with thousands of immigrant women and immigrant women victims seeking the right to stay in the country.

Despite their stated objectives of cracking down on criminals and fraud, many of the Trump administration’s immigration policies have especially impacted the vulnerable and victims.

One policy change that could deter women victims from reporting their crimes takes effect Monday as the Senate deliberates whether to confirm Supreme Court nominee Brett Kavanaugh amid assault allegations against him, which he has vehemently denied.

Some of the changes were barely noticed. Others, like Sessions’ overhaul of asylum law, have generated numerous headlines.

But the sum total of those policies could put an already particularly vulnerable population even at risk, advocates who work with women say. And that could empower abusers and predators even further, they add, making everyone less safe.

The policies

A policy takes effect on Monday that could increase the risk of deportation for undocumented immigrant victims or witnesses of crimes. The agency that considers visa applications will begin to refer immigrants for deportation proceedings in far more cases, including when a person fails to qualify for a visa. The policy would also constrain officers’ discretion.

The new US Citizenship and Immigration Services policy specifically applies to visas designed to protect victims of violent crime and trafficking, including some created under the Violence Against Women Act. Those visas will give legal status to victims who report or testify about crimes.

The result: Victims who apply for the special visas but fall short, including for reasons like incomplete paperwork or missing a deadline, could end up in deportation proceedings. Previously, there was no guidance to refer all visa applicants who fall short to immigration court for possible deportation. Under the new policy, it’ll be the presumption. Advocates for immigrants worry the risk will be too great for immigrants on the fence about reporting their crimes.

In the Salvadoran woman’s case, Sessions ruled in June that gang and domestic violence victims generally don’t qualify for asylum, and the Department of Homeland Security applied those rules to all asylum seekers at the border and refugees applying from abroad.

Other policies that especially impact women and victims include:

More: http://www.cnn.com/2018/09/30/politics/trump-immigration-women-victims/index.html

 

 

‘I wouldn’t wish it even on my worst enemy’: Reunited immigrant moms write letters from detention

By Tal Kopan, CNN

The women say they were treated like dogs and told that their children would be given up for adoption. They lied awake at night, wondering if their kids were safe.

But even after being reunited with their children, they say their nightmare has not ended.

Their anguish is conveyed in a collection of letters written from one of the few immigrant family detention centers in the country, where some moms and children who were separated at the border this summer are now being held together while they await their fate. The mothers’ writings reflect a mix of despair, bewilderment and hope as they remain in government custody and legal limbo, weeks after they were reunited.

“My children were far from me and I didn’t know if they were okay, if they were eating or sleeping. I have suffered a lot,” wrote a mother identified as Elena. “ICE harmed us a lot psychologically. We can’t sleep well because my little girl thinks they are going to separate us again. … I wouldn’t want this to happen to anyone.”

The letters reflect the scars inflicted at the height of family separations this summer, when thousands of families were broken up at the border and kept apart for weeks to months at a time. They also reflect the ongoing uncertainty and emotional recovery for the families that are still detained.

The letters were collected at the Dilley detention center in Texas. They were provided via the Dilley Pro Bono Project by the Immigration Justice Campaign, a joint effort by leading immigrant advocacy and legal groups to provide access to legal support in immigrant detention centers.

The mothers speak with the Dilley Pro Bono staff in visitation trailers in the evenings and had expressed a desire to tell their stories to the public. The staff suggested writing them down, and the mothers agreed to write the letters, translated from Spanish, under pseudonyms.

More: https://www.cnn.com/2018/09/30/politics/separated-mothers-reunited-letters/index.html

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Yup. Don’t let all the BKavs commotion distract you from focusing on the daily intentional and gross abuses of human rights and fundamental decency being committed by the Trump Administration.

Think a partisan Trump sycophant like BKavs would ever impartially uphold the rule of law against the abuses of the Trump Administration, particularly when it comes to treatment of women? Not a chance! He’s being put on the Supremes because Trump & the GOP are confident of his predetermined extreme right-wing agenda, his lack of objectivity, and his demonstrated inability to think outside the “box of privilege” which has allowed him to succeed and prosper (often at the expense of others).

No more BKavs for America!

PWS

10-01-18