KILLER “COURTS:” DUE PROCESS TAKES A DIVE, AS TRUMP REGIME’S WHITE NATIONALIST POLICIES SUPPRESS ASYLUM GRANT RATES IN NEW YORK AND OTHER IMMIGRATION “COURTS” — “Oh, Jesus Christ!” Menkin shouted at the lawyers when he learned a reporter had been present for the hearing. “Don’t you people look around the room? What’s the matter with you?” After the judge expressed his alarm, the reporter was ejected with Gloria’s tearful assent, and so the basis for Judge Menkin’s ruling on Gloria’s asylum petition is not known. The outcome is, though: denied, 30 days to appeal.”

Paul Moses
Paul Moses
Reporter
The Daily Beast
Tim Healy
Tim Healy
Reporter
The Daily Beast

https://apple.news/AYWheKLcqSvWk_toIFrDVLg

Paul Moses, Tim Healy in The Daily Beast:

‘ALL RIGHT, STOP’

Here’s Why the Rejection Rate for Asylum Seekers Has Exploded in America’s Largest Immigration Court in NYC

“It’s basically like the same problem with putting quotas on police officers for tickets.”

The rate of asylum petitions denied in New York City’s busy immigration court has shot up about 17 times times faster than in the rest of the country during the Trump administration’s crackdown—and still Ana was there, a round-faced Honduran woman with a black scarf wrapped turban-like over her hair, a look of fright crossing her dark eyes as the judge asked if she faced danger in her home country.

Her eyes darted over to her helper, a Manhattan lighting designer with New Sanctuary Coalition volunteers to offer moral support—she couldn’t find a lawyer to take her case for free. Then Ana turned back to the judge, or rather, to the video screen that beamed him in from Virginia, and whispered to the court interpreter in Spanish: “My spouse and my son were killed.” Tears welled in her eyes as she said a notorious transnational gang had carried out the slaying.

“Yes we were receiving threats from them,” she added. And that was why, months before her husband and son were slain, she and her 5-year-old daughter had come “through the river,” entering the United States near Piedras Negras, Mexico.

After ruling that she was deportable, the judge gave Ana—The Daily Beast is withholding her real name because of the danger she faces in Honduras—three months to submit a claim for asylum, a possible defense against her removal. “You should start working on that,” the judge told her. As she left the courtroom, Ana hugged the volunteer who’d accompanied her, Joan Racho-Jansen.

New York’s immigration court has long been the asylum capital; it has made two out of every five of the nation’s grants since 2001, while handling a quarter of the caseload. With approval of 55 percent of the petitions in the fiscal year ended Sept. 30, it still grants a greater percentage of asylum requests than any other courts except San Francisco and Guam.

But New York’s golden door is slamming shut for far more asylum seekers than in the past, especially for women like Ana.

The asylum denial rate in the New York City immigration court rose from 15 percent in fiscal year 2016, the last full year of the Obama administration, to 44 percent in fiscal year 2019, which ended Sept. 30.  The rest of the country, excluding New York, has been relatively stable, with denials going from 69 percent to 74 percent. That is, the rate of denials in the rest of the country increased by one-ninth, but in New York they almost trebled.

There are other courts where the rate of denials has shot up sharply over the same period: Newark, New Jersey (168 percent); Boston (147 percent); Philadelphia (118 percent). But because of the volume of its caseload, what’s happening in New York is driving the national trend against asylum. For now, in sheer numbers, New York judges still granted more asylum requests over the last year than those in San Francisco, Los Angeles, and Arlington, Virginia, the next three largest courts, combined.

An analysis of federal data compiled by the Transactional Records Access Clearinghouse at Syracuse University and interviews with former immigration judges, lawyers, immigrant advocates and experts finds multiple reasons for the sharp shift in the nation’s largest immigration court as compared to the rest of the country:

—Many more migrants are coming to the New York court from Mexico and the “Northern Triangle” of El Salvador, Honduras, and Guatemala, and the judges have been far more likely to deny them asylum than in the past: from two out of five cases in the 2016 fiscal year to four out of five cases in the 2019 fiscal year.

—Many veteran New York judges retired, and most of the replacements have a prosecutorial, military, or immigration enforcement background. In the past, appointments were more mixed between former prosecutors and immigrant defenders. Immigration judges are appointed by the U.S. attorney general and work for the Justice Department, not the federal court system.

—All the judges are under heavier pressure from their Justice Department superiors to process cases more quickly, which gives asylum applicants little time to gather witnesses and supporting documents such as police reports. New judges, who are on two years of probation, are under particular pressure because numerical “benchmarks” for completing cases are a critical factor in employee evaluations.

“You have a huge number of new hires in New York,” said Jeffrey Chase, a former New York immigration judge. “The new hires are mostly being chosen because they were former prosecutors. They’re normally of the background that this administration thinks will be statistically more likely to deny cases.”

Judge Jeffrey L. Menkin, who presided in Ana’s case via video hookup, began hearing cases in March. He is based in Falls Church, Virginia, the home of the Executive Office of Immigration Review, the Justice Department agency that runs the immigration courts. He’d been a Justice Department lawyer since 1991, including the previous 12 years as senior counsel for national security for the Office of Immigration Litigation.

Menkin can see only a portion of his New York courtroom on his video feed and as a result, he didn’t realize a Daily Beast reporter was present to watch him conduct an asylum hearing for a Guatemalan woman—we’ll call her Gloria—and her three young children, who were not present.

Immigration and Customs Enforcement took Gloria into custody at the Mexican border in March. Released on bond, she made her way to New York and had an initial immigration court hearing on June 26, one of many cases on a crowded master calendar. She was scheduled for an individual hearing four months later.

At the hearing scheduled three months later on the merits of her case, she decided to present an asylum defense to deportation. Her lawyer asked for a continuance—that is, a new hearing date—while his client waited to receive documentation she’d already requested from Guatemala. The papers were on the way, Gloria said.

Judges in such cases—those that the Department of Homeland Security designates as “family unit”—have been directed to complete them within a year, which is about 15 months faster than the average case resolved for the year ending Sept. 30. Down the hall, other types of cases were being scheduled for 2023. Menkin called the lawyer’s unexpected request for a continuance “nonsense” and “malarkey” and asked: “Are you and your client taking this case seriously?”

The judge then asked if Gloria was requesting a case-closing “voluntary departure,” a return to her homeland that would leave open the option she could apply again to enter the United States.

But Gloria had no intention of going back to Guatemala voluntarily.  So Menkin looked to the government’s lawyer: “DHS, do you want to jump into this cesspool?” The government lawyer objected to granting what would have been the first continuance in Gloria’s case.

And so Menkin refused to re-schedule, telling Gloria and her lawyer that they had to go ahead right then if they wanted to present an asylum defense. Gloria began testifying about threats and beatings that stretched back a decade, beginning after a failed romance with a man who was influential in local politics. Details are being withheld to protect her identity.

She finally fled, she said, when extortionists threatened to hurt her children if she didn’t make monthly payoffs that were beyond her means. When she observed that she and her children were being followed, she decided to leave. After she said she had gone to police three times, Menkin took over the questioning.

“Are you familiar with the contents of your own asylum application?” he asked, pointedly.

“No,” Gloria responded.

Menkin said her asylum application stated she had gone to police once, rather than three times, as she’d just testified. Gloria explained that she had called in the information for the application to an assistant in her lawyer’s office, and didn’t know why it was taken down wrong.

When her lawyer tried to explain, Menkin stopped him, raising his voice: “I did not ask you anything.”

Later, Menkin came back to the discrepancy he’d picked up on. “I don’t know why,” Gloria responded.

“All right, STOP,” Menkin told the woman, who cried through much of the two-hour hearing. Again, he sought to terminate the case, asking the DHS lawyer, “Do I have grounds to dismiss this now?”

“I’m trying to be fair,” she replied.

“We’re all trying to be fair,” Menkin said.

And to be fair, it should be noted that since October 2018, the Executive Office for Immigration Review (EOIR) has been evaluating judges’ performance based on the numbers for case completions, timeliness of decisions and the percent of rulings upheld on appeal. “In essence, immigration judges are in the untenable position of being both sworn to uphold judicial standards of impartiality and fairness while being subject to what appears to be politically-motivated performance standards,” according to an American Bar Association report that assailed what it said were unprecedented “production quotas”  for judges.

The pressure is especially strong on judges who, like Menkin, are new hires. They are probationary employees for two years.

Denise Slavin, a former president of the National Association of Immigration Judges who retired from the bench in April after 24 years of service, said the judges’ union had tried to talk EOIR Director James McHenry out of his quotas. “It’s basically like the same problem with putting quotas on police officers for tickets,” she said. “It suggests bias and skews the system to a certain extent.” Told of the details of Gloria’s hearing, she added, “That’s a prime example of the pressure these quotas have on cases… the pressure to get it done right away.”

Kathryn Mattingly, spokeswoman for the Executive Office of Immigration Review, said by email that she couldn’t comment on individual cases, but that all cases are handled on their individual merits. “Each asylum case is unique, with its own set of facts, evidentiary factors, and circumstances,” she wrote. “Asylum cases typically include complex legal and factual issues.”  She also said that Menkin could not comment: “Immigration judges do not give interviews.”

It’s true that each asylum case has its own complex factors. But a 2016 study by the U.S. Government Accountability Office took many of them into account—the asylum seeker’s nationality, language, legal representation, detention status, number of dependents—and determined that there are big differences in how the same “representative applicant” will be treated from one court and one judge to another.

“We saw that grant rates varies very significantly across courts and also across judges,” said Rebecca Gambler, director of the GAO’s Homeland Security and Justice team.

Some experts say that changes in the way the Justice Department has told immigration judges to interpret the law may be having an outsize effect in New York.

Starting with Jeff Sessions, the Trump administration’s attorneys general have used their authority over immigration courts to narrow the judges’ discretion to grant asylum or, in their view, to clarify existing law.

Asylum can be granted to those facing persecution because of “race, religion, nationality, membership in a particular social group, or political opinion.” In June 2018, Sessions overturned a precedent that many judges in New York had been using to find that victims of domestic assaults or gang violence could be members of a “particular social group,” especially when police were complicit or helpless. Justice’s ruling in the Matter of A-B-, a Salvadoran woman, seems to have had a particular impact in New York.

“Where there’s a question about a ‘particular social group,’ judges in other parts of the country may have taken a narrower view” already, said Lindsay Nash, a professor at Cardozo Law School in New York and co-director of the Kathryn O. Greenberg Immigration Justice Clinic.

Mauricio Noroña, a clinical teaching fellow at the same clinic, said new judges would be especially careful to follow the lead in the attorney general’s ruling.

Andrew Arthur, a fellow at the Center for Immigration Studies in Washington and a former immigration judge in York, Pennsylvania, said Sessions’ decision in the Matter of A-B- would particularly affect Central American applicants, whose numbers have increased sharply in New York’s court. Data show that just 8.5 percent of the New York asylum cases were from Central America or Mexico in 2016; in the past year, 32.6 percent were.

Arthur said a larger portion of the New York court’s asylum rulings in the past were for Chinese immigrants, whose arguments for refuge—persecution because of political dissent, religious belief, or the one-child policy—are fairly straightforward under U.S. asylum law. Although the number of Chinese applicants is still increasing, they have fallen as a portion of the New York caseload from 60 percent in 2016 to 28 percent in the past year.

Sessions’ determination against A-B- is being challenged, and lawyers have been exploring other paths to asylum in the meantime. “It’s extremely complicated to prepare cases in this climate of changing law,” said Swapna Reddy, co-executive director of the Asylum Seeker Advocacy Project. But, she said, “That’s not to say advocates and judges can’t get back to that [higher] grant rate.”

Gloria continued to cry; the DHS lawyer asked that she be given a tissue. The government lawyer’s cross-examination was comparatively gentle, but she questioned why Gloria didn’t move elsewhere within Guatemala and seek police protection.

“He would find out before I even arrived at the police station,” she said of the man she feared. And, she added, “They’re always going to investigate and as for always being on the run, that’s no life for my kids.”

In closing arguments, Gloria’s lawyer said his client had testified credibly and that she legitimately feared her tormentor’s influence. The DHS lawyer did not question Gloria’s credibility, but she said Gloria’s problem was personal, not political—that she could have moved to parts of Guatemala that were beyond the reach of the man’s political influence.

Judge Menkin then declared a 20-minute recess so that he could compose his decision. In the interim, the lawyers discovered that a man sitting in one corner of the small courtroom was a reporter and, when the judge returned to the bench to rule, so informed him.

Immigration court hearings are generally open to the public. There are special rules for asylum cases, however. The court’s practice manual says they “are open to the public unless the respondent expressly requests that they be closed.”

“Oh, Jesus Christ!” Menkin shouted at the lawyers when he learned a reporter had been present for the hearing. “Don’t you people look around the room? What’s the matter with you?”

After the judge expressed his alarm, the reporter was ejected with Gloria’s tearful assent, and so the basis for Judge Menkin’s ruling on Gloria’s asylum petition is not known. The outcome is, though: denied, 30 days to appeal.

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

Sound like Due Process to you? Only if it’s not your life at stake! Wonder how Judge Menkin and others like him would feel if they and their families were subjected to the same type of “judicial” procedure.

In viewing Judge Menkin’s ridiculous denial of a routine continuance, it’s important to understand that the precedent decisions binding Immigration Judges have intentionally over-emphasized the importance of documenting claims – even though documentation is often unavailable or time-consuming to obtain, have properly translated, and serve on the Immigration Judge and ICE in advance of the hearing. Therefore, denying a first continuance for needed preparation is tantamount to “giving the finger” to Due Process!

“Women in Honduras” has been found to be a valid “particular social group” by a number of Immigration Judgers elsewhere. Given the corruption of the Government of Honduras, the political influence of Ana’s tormentor, and the high rate of femicide, it’s highly unlikely that Ana would receive government protection.

The ICE attorney made an absurdist argument that Ana could “safely resettle” elsewhere in Honduras. Honduras is a small country, about the size of Virginia. It has an astronomical murder rate, highly corrupt police, snd almost no viable infrastructure, all important considerations in a legitimate inquiry into relocation. Under these conditions, there is no way that Ana had a “reasonably available internal relocation alternative” in Honduras as described in Federal Regulations. A “real” judge might have grilled ICE counsel about her legally and factually untenable position. But, not Menkin. He apparently had already made up his mind to deny regardless of the law or facts.

In short, before a “fair and impartial” judge with expertise in asylum law this could and should have been an “easy grant” of asylum, even without the additional documentation that could have been presented if the judge had granted a continuance. Instead, it was “orbited” off into a dysfunctional administrative appellate system where results are akin to “Refugee Roulette” highly dependent on the “panel” or individual “Appellate Immigration Judge” to which the case is assigned at the BIA. In this respect, it’s also noteworthy that Barr recently appointed six Immigration Judges with some of the highest asylum denial rates in the country to the BIA. Some “fair and impartial” judiciary!

It also appears that Menkin belatedly and improperly “duressed” Ana into agreeing to a “closed” hearing. Most of the time, once asylum applicants’ attorneys carefully explain to them that public observation and exposure of this “rigged” process might be the only way of getting pressure to change it, they readily agree to have the press present. Also, generally everybody tends to perform better and more professionally when the press or other observers are present (obviously, however, in this particular case, not so much).

First the Trump Regime artificially suppresses asylum grant rates with skewed hiring, improper interpretations of the law, unethical quotas, and pressure on the “judges” to crank out more removal orders. Then, they use the bogus statistics generated by the intentionally flawed and biased process to make a case that most of the asylum claims are non-meritorious.

Notably, even under this clearly biased, overtly anti-asylum procedure, the majority of asylum claims that get decided “on the merits” in New York are still granted. Imagine what the grant rate would be in a truly fair judicial system that properly applied asylum law and the Constitution: 70%, 80%, 90%? We’ll never know, because the regime fears the results of a fair asylum process that fully complies with Due Process: The “dirty little secret” the regime doesn’t want you to know! Talk about “fraud, waste, and abuse!” Something to remember the next time you hear “Cooch Cooch,” “Markie,” Albence, and other Trump sycophants at DHS and DOJ falsely claim that the overwhelming number of asylum applications are without merit.

Judges likes Menkin might want to remember that the truth will eventually “out’ even if too late to save the life of Ana and others like her. When that happens, those judges who put expediency, their jobs, and homage to the Trump Regime’s White Nationalist agenda before the law, Due Process, and human lives will find their “legacies” tarnished forever.

Many thanks to Judge Jeffrey S. Chase and Judge Denise Slavin of our Roundtable of Former Immigration Judges for their usual incisive comments. And a shout out to journalists like Moses and Healy who continue to shed light on the outrageous abuses taking place every day in our Immigration “Courts!”

Ultimately, legal and moral responsibility is on Congress, the Article III Courts, and the voters for allowing this clearly unconstitutional, deadly mess to continue to unfold in the Immigration “Courts” every day. That’s why it’s critical that the New Due Process Army “Constantly Confront Complicit Courts 4 Change.”

Due Process Forever; Complicit (& Corrupt) Courts Never!

 

PWS

 

12-03-19

 

 

ALAN CUMMING @ NBC NEWS:  THE ANTI-IMMIGRATION MOVEMENT IS ALL ABOUT RACISM, PLAIN AND SIMPLE: “This government is trying to brainwash its citizens into believing that the very thing that has made America what it is and has made America great — immigration — is a negative thing. That is complete doublespeak.“

Alan Cumming
Alan Cumming
Actor

https://apple.news/A9MUmrFflRFuwxRgcWulUGQ

Opinion | The racism behind anti-immigration rhetoric is palpable to every immigrant. Including me.

America is such a young country: It’s only a few hundred years old, and no one who has been here for only a few generations is without an immigrant connection. So, from the outside — from a place like Europe — the idea that Americans are not connected to immigration and our immigrant pasts seems like we are denying ourselves. We sound very self-hating about the very notion of immigration, but we’re actually just confusing racism with a desire to fix the immigration system.

I see that all the time: Things that are being said about immigration and the ideals of immigration are basically just being used as a thinly veiled form of racism. It’s so blatant. The president himself actually said he doesn’t mind people coming from countries like Norway — white people; it’s the people from “shithole countries” he doesn’t want. It seems almost pedantic and obsolete to actually have to talk about the fact that it’s racism.

The contributions of all immigrants has been so derided by our present administration, so I felt that I needed to celebrate immigration rather than have it openly derided. Also, I wanted to try to make people stand back and just see the anti-immigration propaganda that they were being fed, and understand instead how this country is what it is because of immigration. That was the genesis of my cabaret show (now an Audible book) “Legal Immigrant.”

The whole point of the show was to tell my experience from my perspective as immigrant, but also to show that I’m feeling these negative things about being an immigrant and I’m a white man of privilege; I can’t imagine what it must be like for people of color or Muslims. I don’t know the exact percentage, but I would say that, the day I became an American, at least 75 percent of the other people being sworn in with me were people of color.

So I wanted to try and make people stand back from this vehemence and have some fun while analyzing what was going on. I don’t want to be didactic, though: I understand that there are problems with the immigration system; I understand there’s a massive refugee problem in the world. But I will not condone racism or bigotry as part of that debate.

That doesn’t mean I’m not open to dialogue. I like when people engage, that’s why I do theater. I don’t want to just be behind a screen; I actually enjoy the fact that I can hear how people are reacting to me. And I’ve been heckled doing the show — from both sides. I want to hear what people have to say and I totally engage with some people. A couple of times it got quite rowdy, but that’s why I wanted to do these cabarets. They’re good ways to get people to engage and be provoked, and to maybe change their minds … or at least consider other options. And, at the end of the show, I make everyone in the audience sing “The Sun Will Come Out Tomorrow,” so I’m obviously someone who likes bringing people together, even though I also like provoking them.

There’s a thing in this country right now: Any dissent against the president or any disagreement with his views is seen as a red flag and people immediately respond in an aggressive way. People are just screaming at one another right now; it makes it very difficult to engage. And so, aside from trying to celebrate immigration, I’m trying to get people to also stand back and try to not let the tropes of this awful rhetoric blind us to what is actually going on.

This government is trying to brainwash its citizens into believing that the very thing that has made America what it is and has made America great — immigration — is a negative thing. That is complete doublespeak. The idea that if you’re pro-immigrant, you’re anti-America, and if you’re anti-immigration, you are pro-America is completely wrong. That’s not just my opinion; if you stand back from it and look at the history of this country, you can’t deny that is the truth.

I really do believe that people have lost the power of analysis in this country because of the duality of the political system: Politics in this country is a team sport. I also think that, with people like Betsy DeVos running the Education Department, it’s going to take a long time before we have a generation who can regain the powers of analysis. It’s all a multilayered effort to dumb us down, in order to be able to brainwash us and feed us propaganda. We need to stand up and take heed before it’s too late.

As told to THINK editor Megan Carpentier, edited and condensed for clarity.

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

Yup!

It’s hard to have a “debate” or a “dialogue” when one side is wedded to myths and bogus narratives, rather than facts: when one side is driven by what it wants to believe, egged on by those who find it politically advantageous, rather than truth.

One of the worst of the many horrible things about the Trump Regime is that supposedly responsible public officials spread the anti-immigrant, anti-refugee White Nationalist myths and false narratives (see, e.g., “Gonzo Apocalypto,” Barr, “Big Mac With Lies,” Nielsen, “Cooch Cooch,” Mark “Fund My TGIF” Morgan, Matt Albence, EOIR, etc.).

PWS

12-01-19

CRIMES AGAINST HUMANITY: TRUMP REGIME OFFICIALS SCHEMED TO UNCONSTITUTIONALLY SEPARATE FAMILIES WITHOUT SYSTEM TO REUNITE THEM — “I really think a part of this administration’s approach is that we don’t view this population as having human rights.”

Angelina Chapin
Angelina Chapin
Reporter
HuffPost

https://www.huffpost.com/entry/how-many-immigrant-families-separated_n_5ddebbbbe4b0913e6f782022

Angelina Chapin reports in HuffPost:

Last year, the Trump administration ripped apart thousands of immigrant families despite knowing it did not have a tracking system in place that would ensure they could be reunited, according to a new report from the inspector general of the Department of Health and Human Services. 

As a result, the public will likely never know how many immigrant children have been separated from their parents.

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The Trump administration was prepared to separate more than 26,000 children from their families between May and September 2018 under a zero tolerance policy for unauthorized border crossing, according to the inspector general report released on Wednesday. But in spite of the plan for mass separations ― ultimately blocked in court in June 2018 ― the government didn’t have the technology to track family separations.

The estimate that roughly 3,000 children were taken from their parents between May and June 2018 is undoubtedly lower than the true number.

The Department of Homeland Security failed to accurately record the family relationships of roughly 1,400 children over a year and a half, from October 2017 to February 2019, according to the report.

Immigration officials knew about these technical issues long before the zero tolerance policy was implemented. But they failed to fix them before taking children from their families en masse, making an already traumatic situation for parents and kids all the more chaotic.

“It just confirms that the real policy and attitude of dehumanization of this population,” said Michelle Brané, the director of the Migrant Rights and Justice Program at the Women’s Refugee Commission. “I really think a part of this administration’s approach is that we don’t view this population as having human rights.”

DHS and HHS did not immediately respond to a request for comment.

I really think a part of this administration’s approach is that we don’t view this population as having human rights.

Michelle Brané, director, Migrant Rights and Justice Program at the Women’s Refugee Commission

The Trump administration has admitted that it didn’t have a proper system to track separated families across both DHS and HHS. HHS is responsible for unaccompanied immigrant children, including those taken from their families at the border.

In April, after an internal watchdog report revealed the Trump administration had likely separated thousands more children from their parents than previously known, HHS officials said it could take up to two years to identify them because of the disorganized data. In a court filing, a deputy director at HHS called the process of tracking down these children a “burden” and said the department didn’t have enough staff to take on the project.

During family separation, DHS’s IT system did not have the ability to properly label separated family members or track them after they were split up, according to the inspector general report. As a result, employees came up with various ad hoc methods of tracking families. But they were not standardized across the department and caused widespread confusion once the data reached ICE officers.

Agents were also not properly trained on how to use the existing technology, and mistakes were rampant. Shortly after the zero tolerance policy was implemented, eight children were separately entered into the system despite being from the same family, according to the report. There was also no plan to reunify families post-separation, despite the fact that parents were being deported without their children.

While the stated goal of the zero tolerance policy was to prevent immigrants from being apprehended and released into the U.S. while they awaited legal proceedings ― a process derisively known as “catch-and-release” ― the result was that children were traumatized and detained for record amounts of time.

Brané said the government has still failed to take accountability for its faulty tracking system and the lifelong trauma it has caused these families.

“There was an affirmative decision not to record,” she said. “They continue to drag their feet and act defensive as though this was some sort of natural disaster that happened to them that they didn’t respond to in the best way.”

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

So, the victims of these human rights violations continue to suffer while the regime’s “perps” go free and even brag about their White Nationalist racist dehumanization actions. Some are still in Government positions, others are giving speeches, and the evil mastermind of “zero tolerance” Jeff Sessions is running for office. Incredibly, Sessions was actually in charge of insuring that our Government complied with the law and respected individual rights. Instead, he carried out a Jim Crow racist program of  human rights abuses, demeaning the Department of Justice and the rule of law in the process. How does this make sense? 

This happens when regime flunkies believe that they will never be held accountable for their actions and abuses. Obviously, that’s a view that starts with their Supreme Leader and his party of enabling sycophants.

PWS

11-30-19

THANKSGIVING WISH: JUSTICE FOR THOSE HELD IN TRUMP’S DEADLY “NEW AMERICAN GULAG” — DHS KID KILLERS: CDC TELLS CBP TO VACCINATE DETAINED MIGRANTS: CBP Chooses To Kill Kids & Spread Disease!

Robert Moore
Robert Moore
Freelance Reporter
El Paso, TX

https://apple.news/Ag7KzWmcGSWqY5RAzCSzygg

Robert Moore reports in the WashPost:

CDC recommended that migrants receive flu vaccine, but CBP rejected the idea

EL PASO — As influenza spread through migrant detention facilities last winter, the Centers for Disease Control and Prevention recommended that U.S. Customs and Border Protection vaccinate detained migrants against the virus, a push that CBP rejected, according to a newly released letter to Congress.

The CDC recommendation was revealed in a letter from the agency to Rep. Rosa L. DeLauro (D-Conn.), chair of the House Appropriations subcommittee that oversees funding for the Department of Health and Human Services, which includes the CDC. The agency’s director, Robert Redfield, issued the letter Nov. 7 in response to questions DeLauro posed last month after the flu had taken a toll on migrants in U.S. custody during the past year.

An 8-year-old Guatemalan boy died of the flu while being detained near El Paso in December, a month before the CDC’s vaccination recommendation. In the months after CBP rejected the recommendation, at least two children — one in El Paso and one in Weslaco, Tex. — died after being diagnosed with the flu in Border Patrol custody, autopsy reports showed. Influenza outbreaks in Border Patrol detention facilities continued through May, sickening hundreds of people, including agents and detainees.

DeLauro said CBP’s continuing refusal to provide flu vaccines to detained migrants is “unconscionable,” especially given Trump administration policies and migrant influxes that at times have caused U.S. facilities to be significantly overcrowded.

“CDC’s recommendations are clear: flu vaccines should be administered to people as soon as possible to prevent the spread of this deadly disease,” she said. “Worse still, administration policies that kept families locked in cages for extended periods of time greatly increased their risk of illness.”

Officials with CBP have never provided immunizations for detained migrants and does not plan to do so now, according to Kelly Cahalan, an agency spokeswoman.

“CBP has significantly expanded medical support efforts, and now has more than 250 medical personnel engaged along the Southwest border. To try and layer a comprehensive vaccinations system on to that would be logistically very challenging for a number of reasons,” she said. “The system and process for implementing vaccines — for supply chains, for quality control, for documentation, for informed consent, for adverse reactions — is complex, and those programs are already in place at other steps in the immigration process as appropriate.”

The two agencies that hold migrants for extended periods, Immigration and Customs Enforcement and the Office of Refugee Resettlement, provide flu vaccines. Adults and families who cross the U.S. border increasingly are being sent back to Mexico under the Migrant Protection Protocols program before they are turned over to ICE and thus do not get vaccinated. Unaccompanied children generally go to ORR shelters.

A Trump administration strategy led to the child migrant backup crisis at the border

The CDC recommends that most people in the United States age 6 months and older receive a flu vaccination, as it is the primary preventive measure against what can be a potentially severe illness. In the 2018-2019 flu season, nearly 63 percent of children under the age of 18 received the flu vaccine and just more than 45 percent of adults received the vaccine.

CDC officials visited Border Patrol detention facilities in El Paso and Yuma, Ariz., in December and January, at CBP’s request. The CDC’s January report warned that because of inadequate medical infrastructure in the facilities, “illness in the Border Patrol facilities stresses both the Border Patrol staff and community medical infrastructure.”

The report made nine recommendations for minimizing the spread of the flu, and CBP adopted many of them, including expanding medical staff at detention facilities and increasing flu surveillance.

But CBP did not implement a recommendation for an aggressive vaccination program that would prioritize children and pregnant women.

Brazilian families spent weeks in tent-like border facility, far longer than typical

In his Nov. 7 letter to DeLauro, Redfield reiterated the vaccination recommendation: “CDC recommends that priority should be given to the screening and isolation of ill migrants, early antiviral treatment, and flu vaccinations for all staff. CDC further recommends influenza vaccination at the earliest feasible point of entry for all persons at least six months of age, which is in concurrence with our general influenza vaccine recommendations.”

Other health experts also have recommended vaccines for migrants detained by CBP, especially children. A group of physicians that reviewed autopsy reports of children who died in CBP custody made that recommendation in an August letter to DeLauro and others in Congress.

A new report from the Brookings Institution warns that risk factors such as lackluster sanitation, overcrowding and poor nutrition are creating a “perfect storm” of conditions in CBP detention facilities that could lead to severe outbreaks of the flu and other communicable diseases. The report recommends vaccinating detained migrants as a way of limiting outbreaks.

Robert Moore is a freelance journalist based in El Paso.

Democracy Dies in Darkness

© 1996-2019 The Washington Post\

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Trump’s White Nationalist “DUD” (“Detain Until Dead”) policy in action! Might also include in your Thanksgiving thoughts those abused under Trump’s “Let ‘Em Die in Mexico” program as well as those who will soon be “orbited” to potential harm or death under bogus “Dangerous Third Country Agreements.”  

Will Markie “Fund My TGIF” Morgan and his fellow killers, child abusers, and human rights abusers at DHS ever be held accountable for their arrogant misdeeds in Trump’s service? Don’t count on it. But, removing this truly cruel, immoral, and otherwise horrible group of “kakistocrats” and their Supreme Leader in 2020 is both possible and necessary for the continued existence of our country and would be a service to the future of the human race.

Doesn’t mean it will happen; but, our nation might not survive if it doesn’t.

Give thanks for the New Due Process Army!

Due Process Forever; New American Gulag Never!

Happy Thanksgiving,

PWS

11-28-19

SURPRISE (NOT): Many Of Us Already Knew That CBP Acting Commish Mark Morgan Is Sleazy, Cruel, Immoral, Unethical, & Not Very Bright — Now, It’s Confirmed By The DOJ’s Inspector General — That’s Why He’s A Perfect Fit For The Trump Regime’s Immigration Kakistocracy!

Tal Kopan
Tal Kopan
Washington Reporter, SF Chronicle

Tal Kopan reports for the SF Chronicle:

Exclusive: Trump’s top border official broke FBI rules to fund happy hours

By Tal Kopan

WASHINGTON — President Trump’s top border official broke federal ethics rules in a previous job by seeking sponsors to buy alcohol and fancy food for FBI happy hours, according to a watchdog report exclusively obtained by The Chronicle.

Mark Morgan, acting commissioner of the Customs and Border Protection agency, continued asking the outside entities to pay for the social events even after being warned it was against federal rules, the Justice Department’s inspector general found.

The previously unreported finding raises questions about the Trump administration’s vetting process for top officials. Although Morgan’s role is typically subject to Senate confirmation, Trump has not nominated him for the job. That has circumvented the traditional review by the Senate — leaving it unclear whether the ethical lapse was ever known to the administration.

Customs and Border Protection and Morgan declined to comment. The White House did not respond to a request for comment.

The violations occurred when Morgan was working at the FBI in 2015 as deputy assistant director of the training division, according to the inspector general’s report. Midway through the investigation in the summer of 2016, Morgan retired from the FBI and was named under then-President Barack Obama to head the Border Patrol. He declined to cooperate with the probe after that, the report said.

More: https://www.sfchronicle.com/politics/article/Exclusive-Trump-s-top-border-official-broke-14864340.php#

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Let’s see. Morgan is the racist charlatan who claimed that he could identify a future gang member just by “looking in their eyes.” He was also an enthusiastic supporter of Trump’s threatened (but never fully implemented) “reign of terror” directed against families in ethnic communities. And, of course, as acting CBP Honcho, he encourages and presides over parts of the “New American Gulag,” “Let ‘Em Die in Mexico,” and other human rights violations every day.

Plus, Morgan is as dim as he is evil if he considers government ethics advice to be “mere suggestions.” But, of course, when funding of a TGIF is on the line, why not “push the envelope.” He does exhibit the arrogance and disregard for the rules that apply to others that is a hallmark of the Trump Regime’s Kakistocracy. 

However, it’s also significant that this information was available when Obama appointed Morgan Border Patrol Chief. Lots of today’s gross abuses by the Trump Regime have their roots in the Obama Administration’s overall poor, often uninformed, and sometimes negligent approach to immigration issues. 

Travesties like “family detention,” “insider-only” hiring at the Immigration Courts and the BIA, absolutist positions on indefinite detention, defense of “toddlers representing themselves” in Immigration Court, and use of “Aimless Docket Reshuffling” at the Immigration Courts in support of inappropriate and unethical “enforcement goals” all helped create unnecessary disorder and inhumanity in the already poorly functioning system. 

Obama had a golden chance both to resolve Dreamers and create an Article I Immigration Court at the beginning of his Administration with badly needed, straightforward statutory reforms. Instead, by putting all of his attention on healthcare, to the exclusion of other pressing humanitarian problems, he more or less insured the later “weaponization” of the Immigration Courts, the creation and expansion of the “New American Gulag,” and holding “Dreamers” hostage.  

If Obama had taken bold action in 2009, many of the “original Dreamers” would be fully integrated into our society and on their way to citizenship and full participation in our political process by now. Instead, they are being “hung out to dry” by Trump, the GOP, and likely the Supremes. A generation of American youth is being denied the opportunity to contribute and achieve their full potential in the United States.

And, think of how a “real” independent Immigration Court system, with a diverse judiciary with true immigration, human rights, and due process expertise, might have dealt with Trump’s consistent legal overreach on immigration and asylum issues. Indeed, while the Immigration Court backlog might not have been eliminated by an Article I Court, I’ll be it would be considerably less than it is now with an independent court where judges, not enforcement-driven bureaucrats, are in charge of managing their own dockets.

Obviously, we can’t change the past. But, we certainly can avoid repeating its mistakes in the future. Something to consider when looking at Democratic Presidential contenders.

PWS

11-27-19

HISTORICAL PERSPECTIVE:  HOW TRUMP’S WHITE NATIONALIST REGIME SEIZED CONTROL OF THE IMMIGRATION BUREAUCRACY & IS USING IT TO RE-CREATE 1924 & PROMOTE ITS AGENDA OF RACIST HATE — Who Needs Legislation When You Have GOP Obstructionists In Congress & Feckless Federal Courts?

https://www.huffpost.com/highline/article/invisible-wall/

Rachel Morris
Rachel Morris
Executive Editor
HuffPost Highline

Rachel Morris writes in Highline:

IN THE TWO YEARS AND 308 DAYS THAT DONALD Trump has been president, he has constructed zero miles of wall along the southern border of the United States. He has, to be fair, replaced or reinforced 76 miles of existing fence and signed it with a sharpie. A private group has also built a barrier less than a mile long with some help from Steve Bannon and money raised on GoFundMe. But along the 2,000 miles from Texas to California, there is no blockade of unscalable steel slats in heat-retaining matte black, no electrified spikes, no moat and no crocodiles. The animating force of Trump’s entire presidency—the idea that radiated a warning of dangerous bigotry to his opponents and a promise of unapologetic nativism to his supporters—will never be built in the way he imagined.

And it doesn’t matter. In the two years and 308 days that Donald Trump has been president, his administration has constructed far more effective barriers to immigration. No new laws have actually been passed. This transformation has mostly come about through subtle administrative shifts—a phrase that vanishes from an internal manual, a form that gets longer, an unannounced revision to a website, a memo, a footnote in a memo. Among immigration lawyers, the cumulative effect of these procedural changes is known as the invisible wall.

In the two years after Trump took office, denials for H1Bs, the most common form of visa for skilled workers, more than doubled. In the same period, wait times for citizenship also doubled, while average processing times for all kinds of visas jumped by 46 percent, even as the quantity of applications went down. In 2018, the United States added just 200,000 immigrants to the population, a startling 70 percent less than the year before.

Before Trump was elected, there was virtually no support within either party for policies that make it harder for foreigners to come here legally. For decades, the Republican consensus has favored tough border security along with high levels of legal immigration. The party’s small restrictionist wing protested from the margins, but it was no match for a pro-immigration coalition encompassing business interests, unions and minority groups. In 2013, then-Alabama Senator Jeff Sessions introduced an amendment that would have lowered the number of people who qualified for green cards and work visas. It got a single vote in committee—his own. As a former senior official at the Department of Homeland Security observed, “If you told me these guys would be able to change the way the U.S. does immigration in two years, I would have laughed.”

. . . .

In November, Cuccinelli was promoted to DHS deputy acting secretary. Kathy Nuebel Kovarik became acting deputy at USCIS and Robert Law, the former FAIR lobbyist, ascended to the head of the policy office. The agency has promised a new flurry of major policy changes before the end of the year. And in what is perhaps the purest expression of the administration’s intentions so far, it started sending Central American asylum seekers to Guatemala with no access to an attorney, no review by an immigration court, far away from the border infrastructure of activists and reporters and lawyers or any form of help at all.

IT’S EASY ENOUGH TO BELIEVE THAT BECAUSE NONE of the Trump administration’s reforms are entrenched in law, they can be overturned as quickly as they were introduced. And yet even though, in theory, the policy memos can all be withdrawn, the “sheer number of both significant and less significant changes is overwhelming,” said Jaddou, the former USCIS chief counsel. “It will take an ambitious plan over a series of years to undo it all.” Formal regulations, like the third-country asylum rule and public charge rule, if it succeeds, will be especially hard to unravel.

The institutional implications run deeper. The backlog of delayed cases will likely take several years to get under control. The administration has promoted six judges with some of the highest asylum denial rates to the Justice Department’s immigration appeals court, including one who threatened to set a dog on a 2-year-old child for failing to be quiet in his courtroom. Those appointments are permanent.

The refugee program, too, will take years to rebuild. The plunge in admissions caused a plunge in funding to the nine resettlement agencies, which have closed more than 100 offices around the country since 2016. That’s a third of their capacity, according to a report by Refugees Council USA. “The whole infrastructure is deteriorating,” said Rodriguez, the former USCIS director. Because the application process is so lengthy, even if a new administration raises refugee admissions on day one, it would take as long as five years before increased numbers of people actually make it to the United States. Consider that in January 2017, the State Department briefly paused in-bound flights for refugees who had finally made it through the gauntlet of health, security and other checks. As of this summer, some of those refugees were still waiting to leave. While the flights were grounded, they missed the two-month window during which all of their documents were current. When one document expires, it can take months to replace, causing others to expire and trapping the refugee in what the report called “a domino effect of expiring validity periods.”

Even harder to repair is the culture shift within USCIS. New visa adjudicators will remain in their jobs long after the political appointees have gone—kings and queens of their own offices. Employees who were promoted for their skeptical inclinations will stay in those positions, setting priorities for subordinates. The multitude of changes at USCIS are the product of an administration that regards immigration as its political lifeblood. There’s no guarantee—or indication—that any of the potential Democratic nominees would apply the same obsessive zeal to overturning them.

Back in 1924, Johnson-Reed’s supporters never anticipated the Holocaust, and yet they expanded its horrors. We don’t know where our own future is headed, but we live in a time of metastasizing instability. Last year, the United Nations’ official tally of refugees passed 70 million, the highest since World War II. Mass migrations, whether because of violence or inequality or environmental calamity or some murky blend of factors that don’t conveniently fit existing laws, are the reality and challenge of our era. There aren’t any easy solutions. But already, what started as a series of small, obscure administrative changes is resulting in unthinkable cruelty. If left to continue, it will, in every sense, redefine what it means to be American.

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Read Rachel’s entire, much longer, article at the link.

Building Due Process and fundamental fairness is a painstaking incremental process that takes years, sometimes decades, to achieve. Destroying it can happen basically overnight.

This should never have happened if the Supremes had stood up to the Administration’s unconstitutional, factually bogus, racist, religiously targeted “Travel Ban” instead of green-lighting the return of “Jim Crow 2” under a clearly pretextual and fabricated “national security” facade. Judicial complicity and task avoidance enables cruelty and the destruction of democratic institutions (including, ultimately, the independent judiciary).  That’s why the “New Due Process Army” is in it for the long run!

Constantly Confront Complicit Courts 4 Change!

Due Process Forever. White Nationalism Never! Complicit Courts Never!

PWS

11-26-19

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

Kevin Sieff
Kevin Sieff
Latin America Correspondent
Washington Post

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

Kevin. Sieff reports for the WashPost:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cañas hugged him.

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

Falling coffee prices drive Guatemalan migration to the United States

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

His mother recorded a message from daughter to father.

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

He played the message over and over and cried.

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

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

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

PWS

11-23-19

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

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
BuzzFeed News

https://apple.news/AijtlVW8iRqm87hLGuQq7uA

Hamed Aleaziz reports for BuzzFeed News:

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

BuzzFeed News Reporter

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

11-19-19

YOUR TAX DOLLARS AT WORK: Trump Looking For Ways To Skirt Constitution, Appointments Statute To Make Ineligible White Nationalist Racist “Cooch Cooch” Acting Head Of DHS!

Dominique Mosbergen
Domonique Mosbergen
Senior Reporter
HuffPost

https://www.huffpost.com/entry/dhs-secretary-job-loophole-trump_n_5db91056e4b066da5528c76a

Dominique Mosbergen reports for HuffPost:

The White House is reportedly exploring a legal loophole that would allow President Donald Trump to pick “whomever he wants” to fill the top job at the Department of Homeland Security, potentially paving the way for a hardliner who’s vigorously defended Trump’s immigration agenda to lead the department.

The president has been searching for someone to take the reins at DHS since the department’s Acting Secretary Kevin McAleenan announced his resignation earlier this month after just six months on the job.

Though McAleenan — the fourth DHS chief since Trump took office — implemented some of the president’s more extreme immigration policies and saw a drop in border crossings during his tenure, the official’s relationship with the White House was reportedly rocky from the get-go.

An “isolated” McAleenan admitted to The Washington Post in a recent interview that he’d struggled to control the department, which he viewed as a neutral law enforcement agency, and prevent it from being used as a partisan tool.

With McAleenan out, Trump was expected to tap a replacement whose views were more aligned with his own. The New York Times first reported on Tuesday that the White House was mulling a legal loophole so the president could potentially do just that. The Wall Street Journal corroborated the news.

Trump’s two favored picks for the top DHS job are reportedly Ken Cuccinelli, the acting director of the U.S. Citizenship and Immigration Services, and Mark Morgan, acting commissioner of U.S. Customs and Border Protection. Both officials, who were nominated to their roles by Trump earlier this year, have publicly defended and championed the president’s hardline immigration agenda.

But according to earlier reports by the Wall Street Journal and Politico, Trump was recently informed by his staff that neither Cuccinelli nor Morgan would be eligible for the role under a federal statute that dictates who can fill cabinet-level positions.

Under the federal Vacancies Act, acting officials taking on cabinet-level jobs must either be next in the line of succession, be confirmed by the Senate or have served for at least 90 days in the past year under the last Senate-confirmed homeland security chief, who in this case is Kirstjen Nielsen.

Nielsen resigned in April.

Neither Cuccinelli, who Politico reported was a favorite of immigration hawks inside the administration, nor Morgan would fulfill the requirements of the statute, Sean Doocey, head of the White House Presidential Personnel Office, reportedly told Trump.

It’s believed that both men would face a difficult path to Senate confirmation. Cuccinelli, for one, has made many enemies in the Senate, having repeatedly clashed with Majority Leader Mitch McConnell (R-Ky.) and other incumbent Republicans as president of the anti-establishment Senate Conservatives Fund.

McConnell has previously expressed his “lack of enthusiasm” at the prospect of Cuccinelli’s elevation to head the DHS.

According to the Times, however, the White House is considering a loophole that would allow Trump to bypass the Vacancies Act and potentially pick Cuccinelli or Morgan for the job anyway.

“Under this route, the White House would tap someone to be the assistant secretary of the Countering Weapons of Mass Destruction Office, which is vacant, and then elevate that person to be the acting secretary of homeland security,” the Times said, citing an administration official familiar with the deliberations.

“The chief of that office is known as an ‘inferior officer,’ and under an exception in the laws governing appointments, such officials can be appointed to acting positions with the sole approval of the president,” the paper continued.

The Journal elaborated on how this plan would work.

Under a 2017 law, the DHS secretary has the authority to change the department’s line of succession beyond its top three positions, which all require Senate confirmation, the paper said. Those top three posts, however, have been vacant for months.

The White House has therefore considered asking McAleenan to change the line of succession by elevating the assistant secretary of the obscure CWMD office to the number four position, the Journal reported. Since Trump can appoint anyone to the CWMD role without the need of Senate approval, whoever is tapped for the job could then be next in the line of succession for the top DHS role.

“And then the Asst Sec for CWMD can serve … indefinitely as acting DHS Sec,” said Anne Joseph O’Connell, a Stanford law professor who specializes in administrative law and federal bureaucracy, in a Tuesday night Twitter thread.

. . . .

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

Read the rest of Dominique’s story of massive Administration corruption, dishonesty, and clear abuse of public funds (we’re paying  Trump and his gang of scofflaw thugs to look for ways around our Constitution and the statutes enacted by Congress!) at the link.

    • Remember, folks, these are the are the same corrupt officials who keep falsely referring to legitimate asylum and refugee laws as “loopholes.”
    • So, given that Trump is thumbing his nose at Mitch McConnell, why doesn’t Congress step in and put an end to this illegal nonsense once and for all?
    • Note that “Big Mac With Lies” is being asked to perform yet one final act of sleazy subservience to knowingly undermine the rule of law on his way out. Will he go down for Trump one final time? He claims he has “no plans to do so.” But, remember, “Big Mac” lies! 
    • The real problem here actually is the Supremes, who in the “Travel Ban Case” signaled that at they had no intention of requiring Trump to operate within the Constitution. Trump has taken this statement of judicial task avoidance to heart and used it to run over the rights of all Americans (not just migrants and asylum seekers).
    • Think how things might be different if right off the bat the Supremes had unanimously applied the Constitution to stop Trump’s misdeeds and had also “just said no” to GOP gerrymandering which threatens our democracy. That’s what “profiles in judicial courage” might have looked like.

PWS

10-31-19

HOW TRUMP, COMPLICIT COURTS, FECKLESS CONGRESS, AND DHS ARE KILLING MORE CHILDREN AT THE SOUTHERN BORDER WHILE HELPING HUMAN SMUGGLERS STRIKE IT RICH – “Malicious Incompetence” Fueled By Judicial Dereliction Of Duty & Congressional Malpractice Is A Boon to The Bad Guys! – “Most of all, he sees no end to the ways he can make profits off the border crackdown. He makes a joke out of it.”

Nacha Cattan
Nacha Cattan
Deputy Mexico Bureau Chief
Bloomberg News

https://www.bloomberg.com/news/features/2019-10-19/a-smuggler-describes-how-children-die-and-he-gets-rich-on-border

 

Nacha Cattan reports for Bloomberg News:

 

Children Die at Record Speed on U.S. Border While Coyotes Get Rich

Deaths of women and children trying to cross into U.S. set record in first nine months of the year, UN research project finds

By

Nacha Cattan

October 19, 2019, 8:00 AM EDT

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Roberto the coyote can see a stretch of border fence from his ranch in Ciudad Juarez, Mexico, about a mile south of El Paso. Smuggling drugs and people to “el otro lado,” the other side, has been his life’s work.

There’s always a way, he says, no matter how hard U.S. President Donald Trump tries to stop the flow. But this year’s crackdown has made it a tougher proposition. A deadlier one, too—especially for women and children, who are increasingly dying in the attempt.

Not much surprises Roberto, who asks not to be identified by his surname because he engages in illegal activity. Sitting on a creaky metal chair, shaded by quince trees and speaking above the din from a gaggle of fighting roosters, the 65-year-old grabs a twig and scratches lines in the sand to show how he stays a step ahead of U.S. and Mexican security forces.

Here’s a gap in the fence that migrants can dash through—onto land owned by American ranchers in his pay. There’s a spot U.S. patrols often pass, so he’s hiring more people to keep watch and cover any footprints with leaf-blowers.

Coyote Roberto, on Aug. 28.

Photographer: Cesar Rodriguez/Bloomberg

Roberto says he was taken aback in July this year, when he was approached for the first time by parents with young children. For coyotes, as the people-smugglers are known in Mexico, that wasn’t the typical customer profile. Roberto asked around among his peers. “They were also receiving a lot of families,” he says. “Many, many families are crossing over.”

That helps explain one of the grimmer statistics to emerge from all the turmoil on the U.S.-Mexican border.

Even more than usual, the 2,000-mile frontier has turned into a kind of tectonic fault line this year. Poverty and violence—and the pull of the world’s richest economy—are driving people north. At the border, they’re met by a new regime of tightened security and laws, imposed by Trump in tandem with his Mexican counterpart, Andres Manuel Lopez Obrador, also known as AMLO.

Some give up and go home; some wait and hope—and some try evermore dangerous ways to get through.

Nineteen children died during attempted crossings in the first nine months of 2019, by drowning, dehydration or illness, according to the UN’s “Missing Migrants” research project. That’s up from four reported through September 2018 and by far the most since the project began gathering data in 2014, when two died that entire year. Women are dying in greater numbers, too—44 in the year through September, versus 14 last year.

A 9 month-old baby sleeps inside El Buen Pastor migrant shelter, on Aug. 29. The baby had been in and out of hospitals due to respiratory illnesses during his shelter stay.

Photographer: Cesar Rodriguez/Bloomberg

Many of those families are fleeing crime epidemics in Central America, as well as economic shocks. Prices of coffee—a key export—in the region plunged this year to the lowest in more than a decade, crushing farmers.

Making matters worse, climate change will produce more frequent crop failures for those growers that will, in turn, drive more migration, said Eleanor Paynter, a fellow at Ohio State University. “Asylum law does not currently recognize climate refugees,” she said, “but in the coming years we will see more and more.”

The demand side is equally fluid. When the Great Recession hit in 2007, a slumping U.S. economy led to a sharp drop in arrivals from Mexico and Central America. Today, the reverse is true: Record-low unemployment in the U.S. is attracting huge numbers from Central America.

Recession Factor

The U.S. economy’s slump a decade ago coincided with a sharp drop in migrant arrivals from Central America

Source: Estimates by Stephanie Leutert, director of Mexico Security Institute at University of Texas, based on model created for Lawfare blog

But none of those factors fully explains why so many families are now willing to take such great risks. To understand that, it’s necessary to go back to the birth of the “Remain in Mexico” policy in January, when new U.S. rules made it much harder to seek asylum on arrival—and its escalation in June, when Trump threatened to slap tariffs on Mexican goods, and AMLO agreed to deploy 26,000 National Guard troops to the border.

The crackdown was aimed at Central Americans—mostly from such poor, violent countries as El Salvador and Honduras—who’d been entering the U.S. through Mexico in growing numbers. Many would cross the border, turn themselves in and apply for asylum, then wait in the U.S. for a court hearing. That route was especially favored by migrants with young children, who were likely to be released from detention faster.

Under the new policy, they were sent back to Mexico by the tens of thousands and required to wait in dangerous border towns for a court date. They might wait in shelters for months for their number to be called, with only 10 or 20 families being interviewed each day. Word was getting back that applications weren’t being approved, anyway.

A white cross marks the death of a person near the border between Ciudad Juarez and El Paso.

Photographer: Cesar Rodriguez/Bloomberg

That pushed thousands of families into making a tough decision. Juan Fierro, who runs the El Buen Pastor shelter for migrants in Ciudad Juarez, reckons that about 10% of the Central Americans who’ve stayed with him ended up going back home. In Tijuana, a border town hundreds of miles west, Jose Maria Garcia Lara—who also runs a shelter—says some 30% of families instead headed for the mountains outside the city on their way to the U.S. “They’re trying to cross,” he says, “in order to disappear.”

The family that approached Roberto in Ciudad Juarez wanted to take a less physically dangerous route: across the bridge into El Paso.

Roberto has infrastructure in place for both options. He says his people can run a pole across the Rio Grande when the river’s too high, and they have cameras on the bridge to spot when a guard’s back is turned. He has a sliding price scale, charging $7,500 for children and an extra $1,000 for Central Americans—fresh proof of studies that have shown smugglers’ prices rise with tighter border controls. “They pay a bundle to get their kids across,” he says. “Why don’t they just open a small grocery with that money?”

Typically, migrants don’t come from the very poorest communities in their home countries, where people struggle to cover such coyote costs, or from the middle class. Rather, they represent a range from $5,000 to $10,000 per capita in 2009 dollars, according to Michael Clemens, an economist at the Center for Global Development in Washington. This happens to be the level that the economies of El Salvador, Honduras and Guatemala have reached.

A mother and her 5-month-old baby has lived in a migrant shelter since July, waiting for their November court date, on Aug. 29.

Photographer: Cesar Rodriguez

For the family going across the bridge into El Paso, Roberto wanted to send the parents and children separately, to attract less attention. Ideally, the kids would be asleep, making the guards less likely to stop the car and ask questions. But that raised another problem. He resolved it by arranging for a woman on his team to visit the family and spend three days playing with the children. That way, they’d be used to her and wouldn’t cry out if they woke up while she was taking them across.

Roberto says the family made it safely into the U.S. with their false IDs, a claim that couldn’t be confirmed. He earned about $35,000 from the family, and soon after had another three children with their parents seek passage. “They want to cross, no matter what,” he says. “I don’t know where the idea comes from that you can stop this.”

But people are being stopped and turned back, and the number of migrants caught crossing the U.S. border has plunged from its peak in May. That has allowed Trump to portray the new policy as a success. (Mexican officials tend to agree, though the Foreign Ministry didn’t respond to a request for comment.) Yet it’s not that simple. Andrew Selee, president of the Migration Policy Institute, said the flow northward initially surged because Trump threatened to close the border, setting off a wave of migrant caravans and smuggling activity. Arrests rose 90% through September from a year earlier, but they’re now at the same levels they were before the surge.

Enrique Garcia was one of those arrested. A 36-year-old from Suchitepequez in Guatemala, he was struggling to feed his three children on the $150 a month he earned as a janitor. So he pawned a $17,000 plot of land to a coyote in exchange for passage to the U.S. for him and his son.

They slipped into Mexico in August on a boarded-up cattle truck, with eight other adults and children, and drove the length of the country, to Juarez. The coyotes dropped them by car at the nearby crossing point called Palomas, where they literally ran for it.

After 45 minutes in the summer heat, Garcia was getting worried about his son, who was falling behind and calling out for water. But they made it past the Mexican National Guard and gave themselves up to a U.S. border patrol, pleading to be allowed to stay. Instead, they were sent back to Mexico and given a January court date.

Children play outside a migrant shelter while a women hand washes clothing in a sink.

Photographer: Cesar Rodriguez/Bloomberg

Garcia, who recounted the story from a bunk bed in a Juarez shelter, said he was devastated. He couldn’t figure out what to do for five months in Mexico, with no prospect of work. His coyotes had managed to reestablish contact with the group, and most of them—with children in tow—had decided to try again. This time, they wouldn’t be relying on the asylum process. They’d try to make it past the border patrols and vanish into the U.S.

But Garcia decided he’d already put his son’s life at risk once, and wouldn’t do it again. He scrounged $250 to take the boy home to Guatemala. Then, he said, he’d head back up to the border alone. He wouldn’t need to pay the coyotes again. They’d given him a special offer when he signed away his land rights—two crossing attempts for the price of one.

Researchers say there’s a more effective deterrent to such schemes: opening more lawful channels. Clemens, at the Center for Global Development, noted that illegal immigration from Mexico dropped in recent years after U.S. authorities increased the supply of H-2 visas for temporary work, almost all of them going to Mexicans—a trend that’s continued under Trump.

The current debate in Washington assumes that “hardcore enforcement and security assistance in Central America will be enough, without any kind of expansion of lawful channels,” Clemens said. “That flies in the face of the lessons of history.”

The Legal Route

Illegal crossings by Mexicans have plunged. They’re now much more likely to enter the U.S. with temporary H-2 work visas

Source: Calculations by Cato Institute’s David Bier based on DHS, State Dept data

A hard-security-only approach deters some migrants, while channeling others into riskier routes where they’re more likely to die. That’s what happened after Europe’s crackdown on migration from across the Mediterranean, according to Paynter at Ohio State, who’s studied data from the UN’s “Missing Migrants” project. In 2019, “even though the total number of attempted crossings is lower, the rate of death is three times what it was,” she said.

A child plays outside a migrant shelter in Ciudad Juarez.

Photographer: Cesar Rodriguez/Bloomberg

As for Roberto, he expresses sadness at the children who’ve died trying to cross the U.S.-Mexico border. He claims he would’ve tried to help them, even if they couldn’t pay.

Most of all, he sees no end to the ways he can make profits off the border crackdown. He makes a joke out of it.

“I’m hearing Trump wants to throw crocodiles in the river,” he says. “Guess what will happen? We’ll eat them.” And then: “Their skin is expensive. We’ll start a whole new business. It’ll bring in money, because we’ll make boots, belts and wallets. We’ll look real handsome.”

 

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

 

The “Trump Immigration Kakistocracy” is as evil and immoral as it is stupid and incompetent.

 

But, that shouldn’t lessen the responsibility of complicit Article III Appellate Judges (including the Supremes) and a sleazy and immoral GOP Senate who are failing to stand up for our Constitution, the rule of law, and human rights. They should not be allowed to escape accountability for their gross derelictions of duty which are killing kids with regularity and unconscionably abusing vulnerable asylum seekers on a daily basis.

 

America can’t afford to be governed by idiots abetted by the spineless. Join the “New Due Process Army” and fight to save our country, our Constitution, and humanity from evil, incompetence, and disgusting complicity.

 

PWS

 

10-31-19

 

 

INSIDE TRUMP’S “NEW AMERICAN GULAG” THERE IS NEITHER DUE PROCESS NOR JUSTICE! – So, What Happened To The Legislative & Judicial Branches Who Are Supposed To Protect Against Such Outrageous Executive Overreach? — “Whatever we call them, America’s immigration prisons are antithetical to the free society we claim to be. We must do all we can to dismantle this system.”

Naureen Shah
Naureen Shah
Senior Advocacy & Policy Counsel
ACLU

 

 

https://apple.news/AsyQuZEMeR0mXWpvWd19-Mg

By Naureen Shah:

opinion

At detention facilities, legal rights ‘in name only’

Whether we call them ‘concentration camps’ or detention centers, the lack of justice for those seeking refuge must end.

7:42 pm EDT Oct. 25, 2019

As President Donald Trump prepares to pick a new secretary for the Department of Homeland Security, Rep. Alexandria Ocasio-Cortez, D-N.Y., is preparing to appear in a Brooklyn court. She is being sued for blocking a man on Twitter who criticized her for calling immigration detention sites “concentration camps.” Her opponents seized on the comment. One of their talking points: America’s hardworking immigration officers should not be equated with Nazis.

To some extent, I can understand their perspective.

I recently visited four Immigration and Customs Enforcement (ICE) detention sites across the country. I met many of their workers. They carried clear plastic backpacks and lunchboxes as they filed through security in the morning, looking weary and bored. As I left each site, some asked me whether I had had a “nice visit” and wished me safe travels.

These workers don’t bring to mind cinematic villains. Yet they are part of a system that, no matter its appearances, is inflicting the horror of trapping people inside.

I saw it in the eyes of the people I interviewed in detention. A 28-year-old Cuban woman told me about spending five days sleeping on the ground in an outdoor cage run by Border Patrol, the “perrera” — a place for dogs. That was followed by 17 days in the “hielera,” a frigid room. She had been denied a shower the entire time.

She recounted this months later, when I met her at an ICE detention site in Adams County, Mississippi. She had not seen or talked to her husband for months, since U.S. authorities separated and detained them. She said that last summer, an asylum officer interviewed her and determined that her fear of persecution if she returned to Cuba was credible — the first step in an asylum case. But she said she had never seen a judge, had no court date, no lawyer, no ICE officer assigned to her. She was alone and trapped: She had no idea of what would happen to her next, how to move her asylum case forward and whether she would ever be released.

COLUMN: In the hands of police, facial recognition software risks violating civil liberties

Adams County is part of the immigration detention boom. Detention levels have skyrocketed to a record high of about 50,000 people a day, at an annual cost of more than $2 billion. Counties are grabbing at detention contracts that provide jobs, although many will be filled by out-of-town residents. New detention sites are opening in the Deep South — hours from urban areas with networks of pro bono or low-cost attorneys. Even in big cities, the number of people detained far outpaces the number of attorneys available to help them. The result is that these immigration jails are effectively legal black holes, where legal rights often exist in name only.

“You come to this place and you can never win,” another woman told me. She had spent three months in an ICE detention center near Miami, separated from her then 5-month-old baby. Her husband, a U.S. citizen, was driving her to Walmart when local police questioned them during a random traffic stop. She was not accused of a crime, and she was in the process of petitioning for residency based on her marriage to a citizen. But police took her to a local jail and held her for ICE.

COLUMN: After terrifying ICE raid, Mississippi is still fighting back

“I haven’t seen my baby in three months,” she said, and asked me what would happen to her.

Without a lawyer, she is likely to remain in detention for months or years — and ultimately be deported away from her husband and child. Just 3% of detained individuals without a lawyer succeeded in their cases, compared with 74% of nondetained and represented individuals who won in theirs, according to a study that focused on New York immigration cases. For asylum-seekers, the stakes are often life or death.

Yet immigrants have been denied the right to a government-appointed lawyer in their deportation proceedings. I met many who didn’t have enough money to make a phone call from prison, let alone pay a lawyer. Even those who could afford it struggled to find one, since they are stuck on the inside without access to Google, email or a cellphone.

POLICING THE USA: A look at race, justice, media

Our immigration system is set up for them to fail, with Kafka-esque limits on their ability to apply for legal relief and appeal to federal courts. Navigating this complex and unforgiving set of legal rules is hard for lawyers, let alone for detained individuals. Some are offered release on bond, but in unaffordable amounts like $25,000.

Many people I met had never seen a judge, several months into their detention. They had no idea how or when they might ever be free. They were confused, scared and, in some cases, suicidal. A woman from Cameroon who fled its ongoing civil war after her father was murdered told me she prayed that God would provide her a way out.

We have an obligation to respond.

Local governments should end ICE detention contracts, if they exist, and prohibit new ones. Cities and states should robustly fund free legal service providers and bond funds. Major law firms should send their lawyers to the Deep South to work with local pro bono providers to address the drastic shortfalls in legal services. Community groups should lobby Congress to cut funding for detention and pass comprehensive reform legislation like the Dignity For Detained Immigrants Act.

Trump’s new Homeland Security secretary is likely to ramp up immigration detention to even higher levels, using the specter of prison to deter people from coming here and the reality of it to punish those who do. We cannot afford to be divided by semantics.

Whatever we call them, America’s immigration prisons are antithetical to the free society we claim to be. We must do all we can to dismantle this system.

Naureen Shah is the senior advocacy and policy counsel at the American Civil Liberties Union, working on immigrant rights.

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7:42 pm EDT Oct. 25, 2019

 

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

DHS’s “New American Gulag” – the “brainchild” of Stephen Miller, Jeff Sessions, and Steve Bannon – is an affront to our Constitution, the rule of law, and human decency. Remember that the next time Trump’s “Gulag Enablers” like Kelly, Nielsen, Sessions, and Barr try to “reinvent themselves” as something other than the sleazy human rights violators they are and will always remain.

 

PWS

 

10-29-19

 

 

FRESH CLAIMS OF CHILD ABUSE BY DHS IN YOUR “NEW AMERICAN GULAG” – Ever Wonder Why YOUR Tax Dollars Are Being Used To Fund What Medical Professionals Say Is An Inherently Abusive & Potentially Permanently Damaging “Kiddie Gulag?” – And, In Cases Like This, The Alleged Abuse Is Actually Individualized & Beyond the “Regular Damage” Intentionally Inflicted By The Trump DHS, Abetted By Complicit Courts!

Amanda Holpuch
Amanda Holpuch
Reporter
The Guardian

 

https://www.theguardian.com/us-news/2019/oct/25/texas-immigration-detention-guard-assault-child-claims?CMP=Share_iOSApp_Other

 

Amanda Holpuch reports for The Guardian:

 

A private prison guard physically assaulted a five-year-old boy at an immigration detention center in Texas, according to a complaint filed with the Department of Homeland Security (DHS).

She raised her niece like a daughter. Then the US government separated them at the border

 

Read more

Advocates for the boy and his mother expect the family to be deported on Friday and asked the US government to halt the deportation to investigate the alleged assault. The advocates also said the family, who are anonymous for safety reasons, face imminent harm or death in their home country of Honduras.

The alleged assault occurred in late September, when the boy was playing with a guard employed by the private prison company CoreCivic who had played with the boy before.

The five-year-old tried to give the guard a high-five, but accidentally hit him instead, angering the guard, according to a complaint seen by the Guardian. The guard then allegedly grabbed the boy’s wrist “very hard” and would not let go.

“The boy’s mother told the guard to let go and tried to pull her son’s hand away, but the guard kept holding on,” according to the complaint. “He finally released the boy and threatened to punish him if he hit him again.”

The complaint said the boy’s hand was swollen and bruised and he was treated with pain medication and ice at the South Texas family residential center in Dilley, in a remote part of the state about 100 miles from the US-Mexico border.

The Dilley detention center has been controversial since it opened in 2014. Dilley can hold 2,400 people, the most of any family detention center in the country, and in March 2019 held at least 15 babies under one year old.

“Since the assault, the boy is afraid of male officials at the jail, goes to the bathroom in his pants, bites his nails until they bleed, and does not want to play, sleep, eat, or bathe,” the complaint said.

The Guardian contacted US Immigration and Customs Enforcement (Ice), the homeland security agency which oversees immigration detention, and CoreCivic for comment, but they had not provided a response at the time of publication.

Katy Murdza, advocacy manager for the Dilley Pro Bono Project, which sends volunteers into the Dilley detention center to help families, met with the mother on Wednesday.

Murdza said the mother is fearful of her imminent deportation and is upset about what happened to her son because she had little power to protect him.

“She was unable to prevent someone from hurting her child and while she has tried to report it, she hasn’t received any information on what the results are, so she still does not have control of whether the detention center let that staff member back in,” Murdza said.

“When people are detained and it’s hidden from the public, these sorts of things happen and there are probably many other cases that we have never learned about that could be similar to this,” Murdza added.

The American Academy of Pediatrics said in March 2017 that no migrant child in the custody of their parent should ever be detained because the conditions could harm or retraumatize them.

The US government can release asylum-seeking families in the US while they wait for their cases to be heard in court, but Donald Trump’s administration favors expanding detention and has tried to extend how long children can be held in detention centers.

Katie Shepherd, national advocacy counsel with the American Immigration Council’s Immigration Justice Campaign, filed the complaint on Thursday with the DHS watchdog, the office of the inspector general, and with its office for civil rights and civil liberties.

“The government has a long history demonstrating it’s not capable of holding people in their custody responsibly and certainly not children who require special protections and safeguards,” Shepherd said. “They require a different environment, not one where guards are going to be physically abusing them.”

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

Ever wonder how things might be different if Article III Judges’ children and grandchildren were being treated this way?

 

Please think about situations like this the next time you hear sleazy folks like Kelly, Nielsen, or “Big Mac With Lies,”and other former “Trump toadies” tout their “high-level executive experience” and how “proud” they were of their law enforcement initiatives at DHS and other parts of the Trump kakistocracy! What’s the relationship between abusing children and real law enforcement or protecting our national security? None!

 

Outrageously, these former Trump human rights abusers not only have escaped legal and moral accountability for their knowing and intentional human rights abuses, but they have the audacity to publicly attempt to “leverage” their experience as abusers into “big bucks gigs” in the private sector. How disgusting can it get.

 

Here’s Professor (and ImmigrationProf Blog guru) Bill O. Hing’s “spot on” description of the “despicable John Kelly:”

 

 

Despicable John Kelly – Profits from Detention of Children

By Immigration Prof

 Share

I was recently reminded of how John Kelly, former DHS Secretary and former White House Chief of Staff, is now on the board of Caliburn International: the conglomerate that runs detention facilities for migrant children. He is despicable. This was reported in May:

Former White House Chief of Staff John Kelly can now count on a second line of income.

In addition to his attempt at scoring paid speaking gigs, Kelly has now joined the board of Caliburn International, the company has confirmed to CBS News. Caliburn is the parent company of Comprehensive Health Services, which operates four massive for-profit shelters that have government contracts to house unaccompanied migrant children.

Kelly’s new job first became apparent when protesters gathered outside Comprehensive Health Services’ Homestead, Florida facility last month — it’s the biggest unaccompanied migrant child detention center in the country. They, along with a local TV station, spotted Kelly enter the facility, and CBS News later confirmed his affiliation. Read more..

When Kelly was DHS secretary, he began the implementation of Trump’s anti-immigrant agenda in the early stages of the administration. Julianne Hing reported on Kelly’s record at DHS on the eve of becoming chief of staff for Trump.

Read here…

bh

October 20, 2019

 

Apparently, Kelly’s USG pension as a retired 4-star General wasn’t enough to support him in the style to which he aspired (perhaps after rubbing shoulders with the Trump family and its circle of grifters). So, he found it necessary to supplement his income off the misery of families and children in the “New American Gulag” he helped establish.

I had accurately predicted that Kelly wouldn’t leave his “service” to Trump with his reputation intact. Nobody does, except those with no reputation to start with.

 

Trump runs a kakistocracy. The private sector should treat the steady stream of spineless senior officials fleeing the Trump Circus accordingly.

Or compare the “achievements” of horrible frauds like these guys, who abused their time in the service of Trump by betraying our country’s most fundamental values, with that of a real American hero like the late Congressman Elijah Cummings (D-MD) who was eulogized today. As President Obama said, “he was ‘honorable’ long before he was elected!”

 

PWS

10-25-19

 

 

 

 

TRUMP’S CHUMPS @ DHS UNQUALIFIED, IN MORE WAYS THAN ONE: White Nationalist Restrictionists “Cooch Cooch” and Morgan Aren’t Legally Eligible For “Acting” Appointments – Will That Actually Stop the Scofflaw-in-Chief?

 

https://apple.news/Aak3uZr8uS5GOKZLIhHEVHQ

Michelle Hackman
Michelle Hackman
Immigration Reporter
Wall Street Journal
Andrew Restuccia
Andrew Restuccia
White House Reporter
WSJ

 

By Michelle Hackman and Andrew Restuccia in the WSJ:

 

WASHINGTON—The White House personnel office chief has told President Trump that his top two picks to fill the Homeland Security secretary job aren’t eligible under a federal law dictating who can fill the role without Senate confirmation, people familiar with the matter said.

During a meeting Friday at the White House, Sean Doocey, head of the White House Presidential Personnel Office, informed the president that neither Ken Cuccinelli nor Mark Morgan, who head two prominent immigration agencies at the Department of Homeland Security, were legally eligible to lead the department on an acting basis.

Mr. Trump and many of his top immigration advisers favored Messrs. Cuccinelli and Morgan, who have worked at DHS for only the past few months but are ardent defenders of the president’s immigration policies on television. The previous acting secretary, Kevin McAleenan, submitted his resignation this month but will remain on the job through the end of the month.

The two men were installed in the spring after the White House pushed out several officials, including former DHS Secretary Kirstjen Nielsen, whom they felt were standing in the way of tougher immigration enforcement.

Mr. Cuccinelli heads the U.S. Citizenship and Immigration Services, the agency overseeing legal immigration and asylum applications, while Mr. Morgan leads Customs and Border Protection. Both men are serving on an acting basis, and neither has been nominated by Mr. Trump for permanent roles, which would require Senate confirmation.

Although he is popular with conservative immigration activists, Mr. Cuccinelli in particular isn’t a likely candidate to lead the department on a permanent basis. He made powerful enemies in the Senate, including Senate Majority Leader Mitch McConnell (R., Ky.), when he ran the Senate Conservatives Fund, an outside group that challenged incumbent Republicans. Mr. McConnell has said his nomination would inspire a “lack of enthusiasm.”

The federal statute that governs vacancies states that acting officials in cabinet-level positions must either be next in line for a position or hold a Senate-confirmed position.

Under a third option, the official being elevated must have served for at least 90 days in the past year under the previous secretary.

 

During the meeting Friday, Mr. Doocey briefed Mr. Trump on an opinion from the Justice Department’s Office of Legal Counsel that the past secretary was Ms. Nielsen, not Mr. McAleenan, the people familiar with the matter said. Under that interpretation, Messrs. Cuccinelli and Morgan wouldn’t qualify, as they joined the agency after Ms. Nielsen departed.

The meeting with Mr. Trump on Friday included Stephen Miller, a top adviser to the president, and Emma Doyle, deputy chief of staff, the people said.

An administration official said the president hopes to announce his next acting DHS secretary in the next few days. Another White House official said the administration doesn’t intend for that person to serve for as long as Mr. McAleenan did.

The White House didn’t respond to a request for comment.

White House officials are instead considering Chad Wolf, Ms. Nielsen’s former chief of staff, as acting secretary, administration officials said, a move supported by Mr. Miller. In February, Mr. Wolf was nominated to serve as the department’s undersecretary for policy.

The White House is also considering David Pekoske, the Transportation Security Administration head who is serving as acting deputy DHS secretary, and Chris Krebs, head of the Cybersecurity and Infrastructure Security Agency, according to administration officials. Mr. Pekoske has already indicated to DHS colleagues that he doesn’t want the top job, though, and would prefer to return to the TSA full-time, according to a person familiar with the matter.

As Mr. Wolf’s possible appointment began to circulate on Monday, it drew public criticism from outside groups pushing a more restrictive immigration policy.

RJ Hauman, government relations director at the Federation for American Immigration Reform, pointed to Mr. Wolf’s past work for the National Association of Software and Services Companies, which lobbies for the U.S. government to issue more green cards to foreign workers each year. Advocates also said Mr. Wolf’s close relationship with Ms. Nielsen meant he likely wouldn’t steer the department in a more hard-line direction.

The legal ineligibility of Messrs. Morgan and Cuccinelli for the acting DHS post isn’t likely to have a big impact on Mr. Trump’s immigration agenda. The two men will continue at their respective agencies, where they have been given wide latitude to set policy and shape the administration’s immigration messaging—sometimes to the chagrin of Mr. McAleenan, the department’s top official.

A White House official said that if the next secretary formally nominated to lead the department doesn’t have a strong immigration background, the president may revive an idea to appoint a “border czar” to oversee the Department’s immigration policy and enforcement. That position wouldn’t require Senate confirmation.

Vivian Salama contributed to this article.

Write to Michelle Hackman at Michelle.Hackman@wsj.com and Andrew Restuccia at Andrew.Restuccia@wsj.com

 

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

Not hard to see the corruption here. DHS is actually supposed to protect our national security and fairly administer our immigration laws, which includes insuring that applicants for various benefits including asylum and legal immigration are promptly approved when eligible. It’s not supposed to be a repository for White Nationalist, racist, restrictionist, xenophobes and their extralegal policies. Enforcement is supposed to be professional, humane, even-handed, nonpartisan, and include reasonable exercises of prosecutorial discretion.

 

But, given the DHS’s well-deserved reputation as the least trusted and most despised agency of the Federal Government, I’m sure that whomever gets the next “acting” role will serve up a steady diet of cruel, illegal, and counterproductive xenophobia.

 

PWS

10-22-19

 

 

 

 

“BIG MAC WITH LIES” OUT AT DHS — Implementing White Nationalist Agenda & Parroting Anti-Immigrant False Narratives Failed To Win Him Favor With Trump, Miller, & Other Neo-Nazi Extremists Running Administration’s All-Out Attack On Due Process & Human Rights!

“BIG MAC WITH LIES” OUT AT DHS — Implementing White Nationalist Agenda & Parroting Anti-Immigrant False Narratives Failed To Win Him Favor With Trump, Miller, & Other Neo-Nazi Extremists Running Administration’s All-Out Attack On Due Process & Human Rights!

By Paul Wickham Schmidt

immigrationcourtside.com 

Oct. 11, 2019. Acting Homeland Secretary Kevin McAleenan’s resignation was announced by Trump this evening. It contained the minimal “faint praise” for his efforts and the standard disingenuous bureaucratic BS about wanting to spend more time with the family and pursuing interests in the private sector. At least Big Mac has a family left, unlike those asylum seekers who died seeking legal protection, illegally separated children, abused asylum applicants living on streets in Mexico, and mindlessly deported long-time residents who suffered under his corrupt, yet inept, leadership at DHS. 

Some news reports claim it was Big Mac’s decision. But, that seems unlikely, since he never was on the “Trump/Miller A Team.” It’s more likely that Big Mac actually was forced out by the White Nationalist Cabal lead by neo-Nazi Miller.

While cruel, corrupt, and complicit, Big Mac didn’t appear sufficiently ideologically committed to Miller’s racist restrictionist hate agenda. He certainly willingly abused human rights, but he didn’t do it with the obscene glee and delight in unnecessary human suffering consistently exhibited by Trump, Miller, and “Cooch Cooch.”

The DHS Secretary position has been a parade of horrors for the American Constitution, the Rule of Law, human rights, and human decency. McAleenan, like his predecessors General John Kelly and Kristjen Nielsen, came to the job with an undeserved reputation for professionalism and bipartisanship. In practice, he followed in the footsteps of his predecessors by performing like a typical political hack and Trump sycophant.

Illegal child separations, deaths in substandard detention conditions, misappropriation of funding for the Wall, totally absurd and dishonest “Safe Third Country” agreements with some of the most dangerous and “asylum free” countries in the world, abuse of legal asylum seekers under the “Let ‘em Die In Mexico” program, disrespect for and hindrance of attorney representation, bogus claims about failures to appear, expansion of the “New American Gulag,” illegal regulations aimed at indefinite detention of families and children, trashing the U.S. Refugee Program, illegal attempts to impose discriminatory “public change” requirements, illegal use of unreliable information to apprehend individuals, false imprisonment of U.S. citizens, mindless deportation of long-term residents who were actually benefitting America, tremendous backlogs of applications for legal stratus, overloading the Immigration Courts with improvidently commenced cases, schemes to discourage legal immigrants, insults to Federal Judges, lack of candor in dealing with Congress, and disrespect for Congressional Representatives are just some of the abominations that took place on Big Mac’s watch.

Indeed, in the past month lower Federal Courts have slammed as illegal at least five of the racist gimmicks that Big Mac and the DHS have tried to foist on the migrant community at the urging of Miller, “Cooch Cooch,” and the other White Nationalists. Some of Big Mac’s most egregious actions came in connection with the “in your face” regulations that DHS & DOJ presented to Judge Dolly Gee in the Flores litigation. Those regulations proposed unlimited abuses to be inflicted on detained children in unregulated facilities during indefinite detention, which was just the opposite of what Judge Gee had ordered. The DOJ’s unethical arguments in support of Big Mac’s indefensible position left Judge Gee incredulous.

Undoubtedly, he will be replaced by someone with a more overt ideology of racism and hate. Neo-Nazis like Ken “Cooch Cooch” Cuccinelli, now illegally serving as head of USCIS, or some of the DHS underlings who have been competing for Miller’s attention with public statements of cruelty, anti-immigrant sentiment, and disrespect for the law are strong possibilities. Trump has a penchant for finding and selecting the worst that humanity has to offer to serve him. 

Indeed, it’s quite likely that Trump’s next choice will be so spectacularly unqualified and unpalatable, even to some in the GOP (see, “Cooch Cooch”), that “Moscow Mitch” might balk at pushing the nomination through. But, since Trump prefers to flaunt the Constitution and to operate with “acting toadies” anyway, that probably won’t make any difference. 

The Trump Administration is a kakistocracy. So, expect the worst, but be prepared for something far more grotesque and absurd. In the meantime, Big Mac should be remembered for the laws he broke, his attacks on human rights and human decency, his intellectual dishonesty, his immorality, his cowardice in the face of tyranny, the cruel and unnecessary pain he inflicted on legal asylum seekers invoking our laws, and the many lives that he needlessly ruined in service to the worst and most unqualified President in U.S. history.

PWS

10-11-19

CATHERINE RAMPELL @ WASHPOST: Trump & His GOP’s Cowardly “War On Children” Should Outrage Every American! — Join The “New Due Process Army” & Fight To Save Humanity!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

Catherine writes in the Washington Post:

You’ve heard of the Wars on Drugs, Terror, Poverty, even Women. Well, welcome to the War on Children.

It’s being waged by the Trump administration and other right-wing public officials, regardless of any claimed “family values.”

For evidence, look no further than the report released Wednesday by the Department of Health and Human Services’s own inspector general. It details the trauma suffered by immigrant children separated from their parents under the Trump administration’s evil “zero tolerance” policy.

Thousands of children were placed in overcrowded centers ill-equipped to provide care for them physically or psychologically. Visits to 45 centers around the country resulted in accounts of children who cried inconsolably; who were drugged; who were promised family reunifications that never came; whose severe emotional distress manifested in phantom chest pains, with complaints that “every heartbeat hurts”; who thought their parents had abandoned them or had been murdered.

Such state-sanctioned child abuse was designed to serve as a “deterrent” for asylum-seeking families, as then-Chief of Staff John F. Kelly and other administration officials made clear.

Of course, they failed to recognize just how horrific are the conditions these asylum-seeking children are fleeing — conditions that further decreased HHS’s ability to adequately care for them.

“Staff in multiple facilities reported cases of children who had been kidnapped or raped” back in their home countries, the IG report states. Other children witnessed family members raped or murdered.

But hey, Trump believes these kiddos must be punished further for the crime of seeking refuge — a.k.a., the “invasion” of America.

Despite this and other abundant evidence that government facilities are not able to care for children for extended periods, last month, the administration also announced a new policy that would allow it to keep children (along with their families) in jail-like conditions for longer periods of time.

 

This is hardly the only way the administration has knowingly enacted policies that harm children.

In August, it finalized a rule that would make it more difficult for immigrants to receive green cards if they have used certain safety-net services they’re legally entitled to — or if government officials suspect they might ever use such services. Confusion and fear about the policy and whom it affects abound. This has already created a “chilling effect” for usage of social services, with immigrant parents disenrolling even their U.S.-citizen children just to be safe.

Last fall, for instance, I interviewed a green-card-holding mother who decided not to enroll her underweight newborn in a program that would have provided free formula (even though the program in question was not mentioned in the rule, and the baby is a U.S. citizen). Huge recent declines in children’s Medicaid and Children’s Health Insurance Program enrollment are also believed to be at least partly a result of fears about this policy change.

If Your Dog Does This, It Could Be Them Signaling A Warning

And lest you think only immigrant or brown children are being targeted in this war: U.S. servicemembers’ children, of all sorts of backgrounds, are being hurt, too.

The Trump administration is siphoning billions from various defense projects to fund border wall construction, despite promises that Mexico would pay for it. This might sound unlikely to affect kids, but somehow the Trump administration found a way. Among the projects losing funds are schools for the children of U.S. servicemembers based in Kentucky, Germany and Japan, and a child-care center at Joint Base Andrews in Maryland.

Trump’s proposed federal budgets have likewise axed funding for other programs that serve children, such as subsidized school meals and Medicaid. Indeed, both federal and state GOP officials more broadly are still working to kill the Medi­caid expansion, as well as other Affordable Care Act provisions that benefit kids.

The GOP has likewise ignored the pleas of children who want their lives protected from gun violence, or who want their futures protected from a warming planet.

A year ago, I offered a suggestion : that Democrats make children the theme of their midterm campaign. They mostly ignored me and still did okay. Nonetheless, I’m re-upping it.

Because even without Trump’s baby jails and proposed Medicaid cuts, our country’s emphasis on children’s well- being is seriously deficient.

Last year, for the first time on record, we spent a greater share of the federal budget servicing the national debt than we did on children, according to an analysis out next week from First Focus on Children. Spending on children as a share of the federal budget is also expected to shrink over the coming decade, crowded out by both debt service and spending on the elderly.

This is despite the fact that spending on children (especially low-income children) has among the highest returns on investment of any form of government spending.

Whatever the opposite of Trump’s War on Children is, that’s what Democrats should be running on.

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

Thanks, Catherine, for speaking out so clearly and articulately about what has become our #1 National Disgrace: Trump’s War On Human Decency & Future Generations and its sleazy cast of supporting characters like Pence, Kelly, Miller, Nielsen, “Big Mac With Lies,” Homan, Albence, Morgan, “Cooch Cooch,” “Gonzo Apocalypto,” Barr, Cotton, Graham, and others with their glib immorality and disregard for truth, our Constitution, the rule of law, and basic human values. 

Who thought the U.S. would ever stoop so low — to use our government’s power and might to abuse defenseless, already traumatized, and highly vulnerable children. (Catherine’s article does’t even get into how, with the help of scofflaw Attorneys General Sessions and Barr and some complacent Article III Judges, the Administration has manipulated asylum law and Immigration “Court” procedures to deny children and other asylum seekers the legal protection to which they are entitled under U.S. and international laws.)

There are many groups out there in the “New Due Process Army” fighting every day against this kind of outrageous behavior by our elected leaders, their corrupt cronies, and their many “go along to get along” enablers in the bureaucracy. Join or donate to one today!

The war to save America and humanity from Trump’s vile and cowardly agenda is one that we can’t afford to lose: For the sake of future generations!

PWS

09-06-19