JUST “OFF BROADWAY,” BUT REACHING THE HEARTS AND MINDS OF AMERICA – Waterwell’s “The Courtroom” & “The Flores Exhibits” Paint a Chilling Picture Of Justice That All Americans Should See!  — Retired Immigration Judges & Pro Bono Advocates Join “A-List” Actors In Giving Human Voices To The Dispossessed Struggling For Their Lives In A Badly Broken & Dysfunctional System That All too Often Leaves Humanity Behind As It Mindlessly Grinds Down Lives!

Arian Moayed
Arian Moayed
Actor
Lee Sunday Evans
Lee Sunday Evans
Artistic Director
Waterwell
Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Hon. Robert D. Weisel
Hon. Robert D. Weisel
Retired U.S. Immigration Judge
Member, Round Table of Retired Immigration Judges
Hon. Elizabeth Lamb
Hon. Elizabeth Lamb
Retired U.S. Immigration Judge
Member, Round Table of Retired Immigration Judges
Elora Mukherjee
Elora Mukherjee
“American Hero”
Clinical Professor of Law & Director of the Immigrants’ Rights Clinic
Columbia Law School

Here’s a recent anecdote from my good friend, colleague, and leader of our Round Table of Former Immigration Judges,  Hon. Jeffrey S. Chase:

 

More theater news!  On Monday, the director of The Courtroom emailed me in Rome to ask if I would perform at a special performance at the Lucille Lortel Theater in NYC on Wednesday night, in which three Tony winners were making guest appearances.  Curtain was at 7 pm; our flight was scheduled to land at JFK at 4 pm.  Just as we were about to board the flight, a delay was announced due to mechanical problems.  We took off an hour and a half late, and were told we would be further slowed by strong headwinds.  As I was worrying about making it in time, it occurred to me what a charmed life I am living in which worrying whether I will return from a 10-day vacation in Italy in time to act with three Tony Award winners constitutes a problem.

 

Landing at almost 6 pm, we cleared customs and jumped in a taxi; we arrived at the theater about 15 minutes into the play.  I had emailed my daughter in NY asking her to bring one of her fiancé’s ties and a printed copy of my script (since we write out own remarks) to the theater.  I performed my part; my wife and daughter each got to meet their theater idols; and my daughter and I attended the after-party in the West Village.  I had been awake since 1 am NYC time, and got home at 11:30 pm.

 

At the party, I was talking with Arian Moayed (Stewy in “Succession” on HBO) and Kelli O’Hara (Tony Award winner who played the lead on Broadway in both South Pacific and The King and I).  Kelli had played the IJ in Act I, and said that she had been in the audience at one of the very early performances, at which our group’s Betty Lamb had performed.  Both Kelli and Arian said how powerful and impressive Betty’s performance had been!

 

I’m hoping others from this group get the opportunity to perform in the future.  The Chicago IJs in our group probably know the real-life lawyer in the case, Richard Hanus, and you certainly know the real-life IJ, Craig Zerbe.  The ICE attorney was Gregory Guckenberger.  Do the last two realize they are being portrayed by actors of such caliber in a play that made the New York Times Best Theater of 2019 list?

Click on the link below to listen to the 37 minute podcast:

https://broadwaypodcastnetwork.com/the-backdrop/episode-2-waterwells-the-courtroom/

 

  • Episode 2: Waterwell’s THE COURTROOM

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EPISODE 2: WATERWELL’S THE COURTROOM

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Waterwell Theater Company’s latest play, The Courtroom, has no playwright. Or even a theater. But as Waterwell founder (from HBO’s “Succession” and Tony nominee) Arian Moayed and Artistic Director Lee Sunday Evans tell Kevin, that’s the point. They found their inspiration — and their script — in the actual language of a deportation trial. And as immigrant rights advocate/attorney Elora Mukherjee reveals, they also found themselves pulled to ground zero of today’s drama: all the way to the border.

Resources

The Courtroom returns for monthly performances at civic venues in NYC through November 2020. For information and tickets visit https://waterwell.org/.

View The Flores Exhibits at https://flores-exhibits.org/.

For other resources and to get involved, visit https://www.newsanctuarynyc.org/.

Jeffrey S. Chase, a former immigration judge, was the legal advisor for The Courtroom. Read his article “The Immigration Court: Issues and Solutions” here.

Follow guest Arian Moayed on Twitter at @arianmoayed.

Credits

The Backdrop is hosted by Kevin Bleyer and produced by Nella Vera.

The Backdrop artwork is by Philip Romano.

Follow Kevin Bleyer and Nella Vera on Twitter: @kevinbleyer / @spinstripes

 

VISIT THIS PODCAST’S PAGE

ABOUT BPN

© 2019 BROADWAY PODCAST NETWORK. All Rights Reserved. Site by AAC.

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Congrats and thanks to all involved. This should be “required theater” at all Federal Judicial Conferences.

PWS

02-15-20

AS IMMIGRATION COURT BACKLOGS CONTINUE TO SPIRAL OUT OF CONTROL, TRUMP REGIME TURNS TOWARD PUNISHING MIGRANTS FLEEING LEFT-WING AUTHORITARIAN STATES — Cuban, Venezuelan, Nicaraguan Dissidents Now Squarely In Sights Of Regime’s White Nationalist Enforcement Agenda! — “To put this recent 65,929-case growth in the backlog in perspective, assuming the pace of new filings continues at the existing rate and each judge met their administration-imposed quota of closing 700 cases a year, it would still require the court to hire almost 400 new judges – while stemming resignations and retirements among current judges – to stop the backlog from growing further. And a much larger round of judge hirings than this would be required in order to begin to reduce the backlog.”

Transactional Records Access Clearinghouse

Cubans, Venezuelans, and Nicaraguans Increase in Immigration Court Backlog

FOR IMMEDIATE RELEASE

The fastest growing segments of the Immigration Court backlog are now Cubans, Venezuelans, and Nicaraguans. Between September 2018, when fiscal year 2018 drew to a close, and December 2019, Cubans in the backlog increased by 374 percent, Venezuela increased by 277 percent, and Nicaraguans increased by 190 percent. These rates of increase stand out when compared to the overall growth of 42 percent across all nationalities during this same period.

Despite the many actions by the Trump Administration designed to stem the growth in the Immigration Court backlog, the court’s backlog continues to climb. In just the three-month period from October through December 2019 the backlog has grown by 65,929 new cases. The court ended December 2019 with 1,089,696 in its active backlog.

To put this recent 65,929-case growth in the backlog in perspective, assuming the pace of new filings continues at the existing rate and each judge met their administration-imposed quota of closing 700 cases a year, it would still require the court to hire almost 400 new judges – while stemming resignations and retirements among current judges – to stop the backlog from growing further. And a much larger round of judge hirings than this would be required in order to begin to reduce the backlog.

To read the full report, go to:

https://trac.syr.edu/immigration/reports/591/To examine the court’s backlog in more detail, now updated through December 2019, use TRAC’s free backlog app:

https://trac.syr.edu/phptools/immigration/court_backlog/Additional free web query tools which track Immigration Court proceedings have also been updated through December 2019. For an index to the full list of TRAC’s immigration tools and their latest update go to:

https://trac.syr.edu/imm/tools/If you want to be sure to receive notifications whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=immFollow us on Twitter at

https://twitter.com/tracreportsor like us on Facebook:

https://facebook.com/tracreportsTRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

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The awful, unconstitutional mess in our Immigration Courts is a direct result of the regime’s “malicious incompetence” leading to round after round of “Aimless Docket Reshuffling” (“ADR”). Contrary to the regime’s false narratives and distortions these backlogs are NOT primarily the result of either a) systematic use of dilatory tactics by migrants and their attorneys, or b) lack of work ethic on the part of Immigration Judges and court staff.
Those of us “in my age group” can remember when a concerted attack on those fleeing from Communist countries or other leftist dictatorships would have earned more immediate “pushback” from the GOP both from Congress and from those within GOP Administrations.
Indeed, the Reagan Administration famously just stopped enforcing deportation orders against Nicaraguans in South Florida, even if they had been denied asylum, without ever announcing a formal policy of “deferred action.” This eventually led to creation of “Temporary Protected Status” by Congress and the “Nicaraguan and Central American Relief Act” (“NACARA”) to grant lawful permanent resident status to nationals of Nicaragua, El Salvador, and Guatemala, as well as some former Soviet-Bloc nationals who were in the U.S. without status.
As a former Immigraton Judge who saw the many positive effects of NACARA, it was one of the “smartest ever” bipartisan immigration programs enacted by Congress. It gave many deserving and hard-working families a chance to become permanent residents and eventually citizens. At the same time, it was easy to administer — so easy in fact that many asylum cases could be sent from the the Immigration Courts to the Asylum Offices for adjudication under NACARA, thereby freeing time and space on overcrowded court dockets. Moreover, the NACARA program was self-supporting, being financed from the filing fees charged by USCIS.
Basically, it was a win-win for everyone.
Similarly, the Bush I Administration declined to deport Chinese resistors to the “one-child” policy even where they had been denied asylum under the standards then in effect. This eventually led to a bipartisan amendment to the “refugee” definition to include those opposed to “coercive population control.”
A wiser Administration would draw on the many favorable lessons learned from TPS and NACARA to propose a large-scale legalization program to Congress. In the meantime, those with long residence and no serious crimes could be taken off Immigration Court dockets and granted work authorization pending Congressional action.
With dockets thus cleared of those with substantial equities whose removal actually would harm our national interests, the Immigration Courts could once again begin working “in the present tense” on cases of more recent arrivals who have not yet established equities. And it wouldn’t take another 400 Immigration Judges to put non-detained cases on a more reasonable and achievable 6-18 month completion schedule.
As it is, unless and until the Article III courts do their constitutional duty, or we have regime change and an independent Article I Immigration Court, the backlogs and injustices will continue to grow.

Due Process Forever!

PWS
01-22-20

IMMIGRATION HISTORY: Here’s The Chase-Burman Mini-Library Of Immigration History, Courtesy Of “The Green Card!”

75 Years of the BIA

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Spring-2016-updated.aspx

“Matter of L-, 1 I&N Dec. 1 (BIA 1940), was issued on August 29, 1940, the day before the Board of Immigration Appeals came into existence.2 Some background about the Board’s early history is required to explain this. From 1922 until 1940, a five-member Board of Review existed within the Department of Labor to review all immigration cases. The Board of Review had no decision- making authority of its own; it could only recommend action to the Secretary of Labor. In 1933, the Immigration and Naturalization Service (INS) was formed within the Department of Labor,3 and from 1933 until 1939 the Board of Review made its recommendations to the Commissioner of Immigration and Naturalization.4″

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Commentary on “Pattern or Practice” Persecution

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Fall-2016-.aspx

In INS v. Cardoza-Fonseca, its landmark 1987 decision establishing that the burden of proving a “well-founded fear of persecution” is significantly less than fifty percent, the Supreme Court relied on the following scholarly example: “Let us…presume that it is known that in applicant’s country of origin every tenth adult male person is either put to death or sent to some remote labor camp… In such a case it would be only too apparent that anyone who managed to escape from the country would have ‘well-founded fear of being persecuted’ on his eventual return.”2 While the Court’s decision predates the “pattern or practice” regulation by more than three years, the example it relies on (which predates the regulation by 24 years) presents a classic “pattern or practice” scenario. The hypotheti- cal establishes (1) a group, i.e., all adult males in a particular country; and (2) information establishing systemic persecution of one in ten members of such group. all members of the group therefore have a well-founded without the need to explain their individual circumstances.”

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The History of Racism in U.S. Immigration


http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/the-green-card-winter-2017.aspx

“Racism was codified in this country’s original natu- ralization law. The Naturalization Act of 1790 limited the right to naturalize to “free white persons.” Following the Civil War, the Act of July 14, 1870, added “aliens of African nativity” and “aliens of African descent” to those eligible to naturalize. However, all others considered “non-white” continued to be barred from obtaining United States citizenship. In 1922, the Supreme Court denied Takao Ozawa, a Japanese immigrant who had lived in the U.S. for 20 years, the right to become a naturalized citizen because he “clearly” was “not Caucasian.” In interpreting the term “free white persons,” the Court found that “the framers did not have in mind the brown or yellow races of Asia.”1 In United States v. Bhagat Singh Thind,2 the Supreme Court reached the same conclusion regarding an “upper-caste Hindu” who claimed a lineage classi ed as “Aryan” or “Caucasian.” The Court determined that “Aryan” related to “linguistic, and not at all with physical, characteristics,” and concluded that the term “free white persons” as understood by the common man, would not include those of Hindu ancestry.3 It was not until passage of the McCarran-Walter Act in 1952 that the naturalization law was amended to read that “[t]he right of a person to become a naturalized citizen shall not be denied or abridged because of race or sex…”4

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Read all three of Judge Chase’s outstanding histories and get some “instant perspective” on how we got to where we are today as a nation of immigrants. There was no shortage of hypocracy. And, I submit that in the course of history some of today’s politicians advocating restrictive racially and religiously charged immigration policies are going to look just as distasteful, arrogant, prejudiced, and ignorant as some of the judges, lawmakers, and government officials described in these articles.

PWS

06-19-17

UPDATE

Judge Chase has reminded me that there is a fourth part to this collection:

The History of U.S. Asylum Law

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Summer-2016.aspx

“U.S. asylum policy is a product of the tension between the public sentiments of compassion and fear. In the words of a former Deputy UN High Commissioner: “The public will not allow governments to be generous if it believes they have lost control.” 1 Although asylum can be traced back at least to the Old Testament, for all practical purposes, U.S. asylum policy began on the eve of World War II.”

PWS

06-21-17

WSJ: 47 Years Have Passed, But The Mariel Boatlift Is Still Generating Controversy!

https://www.wsj.com/article_email/the-great-mariel-boatlift-experiment-1497630468-lMyQjAxMTI3NTEyNzIxMDc0Wj/

Ben Leubsdorf writes in the WSJ:

“In the spring and summer of 1980, some 125,000 Cuban refugees sailed from the port town of Mariel on fishing boats and pleasure craft toward the U.S., many destined to settle in Miami.

Nearly four decades later, that exodus is at the center of an unresolved, sometimes bitter argument among economists, hinging on a basic question: When foreigners come to the U.S., does their presence drive down the wages of native workers? The long-running dispute has gained new relevance as the Trump administration tries to implement and enforce a stricter immigration policy.

Research published a decade after the Mariel boatlift, as well as more recent analyses, concluded that the influx of Cuban migrants didn’t significantly raise unemployment or lower wages for Miamians. Immigration advocates said the episode showed that the U.S. labor market could quickly absorb migrants at little cost to American workers.

But Harvard University’s George Borjas, a Cuban-born specialist in immigration economics, reached very different conclusions. Looking at data for Miami after the boatlift, he concluded that the arrival of the Marielitos led to a large decline in wages for low-skilled local workers.

 While the debate rages in the academy and online, Dr. Borjas and his views are ascendant in the political realm. Attorney General Jeff Sessions cited his research for years while a senator. President Donald Trump, with whom Dr. Borjas met during last year’s campaign, has echoed the Harvard economist’s research by regularly saying that low-wage immigrants hurt some Americans.

“This is his moment,” said David Card, the author of the early research on the boatlift that Dr. Borjas is seeking to upend. (The Justice Department declined to comment, and the White House didn’t respond to requests for comment.)

Dr. Borjas has sparred for years with Dr. Card, an economist at the University of California, Berkeley, as well as with Giovanni Peri of the University of California, Davis. In 2015, Dr. Borjas and Dr. Peri released papers three months apart that arrived at wildly different conclusions about Mariel.

The argument among the academics—all immigrants themselves—has escalated into charges of bias and bad faith. Dr. Peri and a co-author dismissed Dr. Borjas’s study as having “serious limitations.” Dr. Borjas fired back that “sloppiness” in their own paper “helps obfuscate what your eyes can clearly see and leads to a claim that nothing at all happened in post-Mariel Miami.”

Dr. Card and Dr. Peri, reviewing a textbook by Dr. Borjas several months later, said that he only “presents half the story about the economics of immigration.” Last fall, in another book, Dr. Borjas compared Dr. Peri to Marxist-Leninist teachers in his native Cuba: “They believed. All that was left was to compel everyone else to believe as well.”

The real-world stakes in the dispute are considerable. More than 43 million U.S. residents were born somewhere else, and most of the rest are descended from immigrants. Still, for more than two centuries, waves of migration have provoked backlashes from Americans worried about the nation’s economy, culture and social makeup.

Among economists today, there is little controversy about the benefits of immigration for the economy as a whole. A roughly 500-page assessment last year by the National Academies of Sciences, Engineering, and Medicine, which reviewed decades of research, concluded that immigrants are “integral to the nation’s economic growth” and have little or no effect on overall employment and earnings for workers already in the U.S.

A Cuban refugee rests on his cot in Miami’s ‘tent city,’ Aug. 18, 1980. At the time, five out of every six working-age Cuban refugees in Florida’s Dade County were without a job.
A Cuban refugee rests on his cot in Miami’s ‘tent city,’ Aug. 18, 1980. At the time, five out of every six working-age Cuban refugees in Florida’s Dade County were without a job.PHOTO: ASSOCIATED PRESS

The report said that experiences aren’t the same for everyone and noted that some studies have found “sizable negative short run wage impacts” for U.S.-born high-school dropouts, the group most likely to compete for work with low-skilled immigrants.

“There’s no free lunch. There’s going to be some effect of immigration” on wages, said Pia Orrenius, a senior economist at the Federal Reserve Bank of Dallas and a member of the panel that wrote the 2016 report. But, she added, the flexible U.S. economy adapts and should render any hit to the wages of native workers “a short-run phenomenon.”

Those most exposed to competition from new arrivals have long been a focus for Dr. Borjas. “Immigration is not like manna from heaven,” he said. “It can be great on average, but it doesn’t mean that every single person benefits.”

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Read the entire article at the link.

First, I find it interesting that Dr. Borjas, who came here as an immigrant, seems so highly motivated to prove that those who came after him weren’t as “worthy.”  Sort of a “I’m OK, but you guys not so much” approach.

Second, none of these studies seem to go into the human element of immigration. What were to forces that drove the Marielitos to come? What have they accomplished in the long run? Did Americans in low wage jobs in Miami really sink into poverty and go on welfare, or did they just move on to other types of work that perhaps paid more?

Third, why don’t economists spend less time on analyzing the past and more time on figuring out how to minimize or avoid any adverse effects of immigration, even if those effects are only short-term and unequally distributed across the working population.

Fourth, I was at the “Legacy INS” during the boatlift and was involved in an intense effort to stop it. We used arrests, mass detention, vessel seizures, fines, criminal prosecutions, deterrents, warnings and public service announcements, and exclusion proceedings. But, frankly, nothing really worked until Castro closed the port of Mariel again. The Cuban Adjustment Act, which is still in effect, also made it difficult or impossible to return Cubans who had no prior criminal records.

Eventually, the Reagan Administration came up with controversial policy of high seas interdiction, which has been used in the Caribbean to some extent by every succeeding Administration. Although interdiction survived Supreme Court review, it has criticized by many and is inconsistent with at least the spirit, if not the letter, of the UN Convention and Protocol, to which we are a party. I doubt, however, that interdiction could have stopped the Cuban boat lift, given the large number of boats and American citizens of Cuban descent who participated in going to Mariel to transport relatives, friends, or former neighbors or co-workers who wanted to leave Cuba.

Fifth, and finally, I find the Mariel Boatlift to be one of the “major events” of modern U.S. refugee history.  It has left a legacy of four enforcement strategies that are still with us today:

 * The use of long-term mass civil immigration detention as a deterrent;

* High seas interdiction;

* Overall negative vibes and case law on asylum applicants who are part of a so-callled “mass migration situation” (“Scarface Syndrome,” a reference to the Al Pacino movie about a Cuban drug kingpin who used the boatlift to get a foothold in the U.S.);

* A belief that the case-by-case adjudication procedures established by the Refugee Act of 1980 are inadequate to handle mass migrations (probably one of the origins of “expedited removal” procedures).

PWS

06-18-17

 

 

 

 

 

 

 

 

 

 

 

 

President Obama Moves To End Special Immigration Treatment of Cubans!

http://www.nbcmiami.com/news/local/Statement-by-President-Obama-on-Cuban-Immigration-Policy-410577185.html

Here’s the “meat” of the President’s statement today:

“Today, the United States is taking important steps forward to normalize relations with Cuba and to bring greater consistency to our immigration policy. The Department of Homeland Security is ending the so-called “wet-foot/dry foot” policy, which was put in place more than twenty years ago and was designed for a different era. Effective immediately, Cuban nationals who attempt to enter the United States illegally and do not qualify for humanitarian relief will be subject to removal, consistent with U.S. law and enforcement priorities. By taking this step, we are treating Cuban migrants the same way we treat migrants from other countries. The Cuban government has agreed to accept the return of Cuban nationals who have been ordered removed, just as it has been accepting the return of migrants interdicted at sea.”

The full statement, as reported by NBC News 6 in Miami, is at the link.

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As we normalize relations with Cuba, the Cuban Adjustmemt Act of 1966, which  basically allows Cubans to immigrate without regard to most of the restrictive requirements applied to other immigrants, does seem to be an anachronism. Yet, it’s still a politically charged issue, particularly in South Florida and among the Cuban-American community. Several bills to repeal the Cuban Adjustment Act have been introduced in Congress and have gone nowhere.

Additionally, because this change was made by Executive direction, rather than by legislation or a regulations change, it would be easy for the Trump Administration to revoke or modify it.  However, given President’s Trump’s pronouncements on immigration, I’d be somewhat surprised if facilitating Cuban immigration is on his agenda.  But, we’ll see.

PWS

01/12/17