DENISE LU & DEREK WATKINS @ NY TIMES: A Very Clear Explanation Of How The Trump Administration’s Bias, Incompetence, & Commitment To Unfairness Have Accelerated The Demise Of The U.S. Immigration Court System

https://www.nytimes.com/interactive/2019/01/24/us/migrants-border-immigration-court.html

Every day, dozens of migrants arrive at the southern border hoping to seek asylum and stay in the United States. President Trump champions a wall as the one thing that could keep them from starting a life in the country. Right now, the big hurdle for many migrants comes not at the border but on the other side.
. . . .
**********************************
I highly recommend the complete article, with some spectacular graphics, at the link.
The article says the Immigration Courts are “in crisis.” I say they are “in shambles!”
While this disaster has been unfolding since 2000, there is no doubt that the Trump Kakistocracy, featuring totally unqualified, biased, and managerially incompetent White Nationalist Attorney General Jeff “Gonzo Apocalypto” Sessions bears the major responsibility for this mockery of justice and trashing of Constitutional norms. A 50% increase in backlog created by “malicious incompetence” is beyond outrageous and a shocking example of fraud, waste, and abuse by a cabinet officer with no accountability from a GOP Congress that has long abandoned its responsibility to govern in the public interest.
Not only do the self-generated backlog and Sessions’s distortions of law form a barrier for migrants, but also a barrier to legitimate immigration enforcement, another casualty of the Trump Kakistocracy. Under Trump, DHS has become so arbitrary, capricious, and unprofessional that its “Gonzo” policies have actually spawned an “Abolish ICE” movement as well as made DHS an anathema to serious law enforcement efforts of all types across the country.
PWS
01-24-19

Julia Edwards Ainsley @ NBC: DHS Set To Launch “Wait in Mexico” Program For Asylum Seekers — Expect Another Disaster!

https://www.nbcnews.com/politics/immigration/dhs-plans-begin-turning-asylum-seekers-back-mexico-await-court-n962401

Julia Ainsley

Julia reports:

WASHINGTON — The Trump administration plans to begin turning asylum-seekers back across the southern border on Friday to wait in Mexico under a new policy designed to crack down on immigration by Central American families, according to three Department of Homeland Security officials familiar with the matter.

Customs and Border Protection officers will begin returning asylum-seekers trying to enter at the San Ysidro port of entry in California from Tijuana, Mexico, where thousands of migrants from Honduras, Guatemala and El Salvador are already waiting in poor conditions.

Under current policy, immigrants who pass an initial “credible fear” interview are allowed to remain in the U.S. while they wait for immigration judges to decide their cases. Single adults are detained while they await their hearing, but a federal court decision in 2015 mandates that families with children be detained no longer than 20 days.

The Trump administration has blamed that court decision, known as the Flores settlement, for being a magnet that is driving record numbers of immigrant families to apply for asylum at the southern border. Last summer under the “zero tolerance” policy, DHS separated asylum-seeking parents from their children at the border, sparking international outcry.

Overall numbers of undocumented immigrants apprehended or stopped from legally entering the United States are lower than the historic highs reached in the early 2000s.

Children who travel without a guardian, immigrants who appear ill as well as other “vulnerable populations” will be exempt from the policy and allowed to wait in the U.S. for an immigration hearing.

Immigrant and civil rights organizations have threatened to sue the Trump administration over the policy, known as Migration Protection Policy, which Homeland Security Secretary Kirstjen Nielsen announced was coming in her congressional testimony in December.

The policy is a unilateral move by the U.S. and not part of an agreement with Mexico, two officials said, though Mexico has agreed to care for immigrants who are waiting to apply. The Lopez Obrador administration in Mexico has been vocal about its opposition to the policy in the past.

Beginning Friday, the asylum-seekers who come to the San Ysidro port of entry will be sent back to Tijuana with a notice to appear in court in San Diego. On their court dates, U.S. Immigration and Customs Enforcement will provide transportation from the port of entry to immigration court. Asylum-seekers will also be given a 24-hour hotline to call for the status of their asylum cases.

SHUTDOWN HAS FURLOUGHED IMMIGRATION COURT JUDGES

Due to a backlog in U.S. immigration courts of more than 800,000 cases, asylum-seekers currently have to wait months or even years to see a judge. DHS has asked the Justice Department to expedite the cases of immigrants waiting in Mexico, and two officials said they expect the asylum-seekers affected by the new policy to wait no more than a year.

Agents fire tear gas at migrants at the border

NOV. 26, 201802:26

SPLIT DECISION: Supremes Deliver “Gut Punch” To Transgender Americans, But Give Another Round To Dreamers

SPLIT DECISION: Supremes Deliver “Gut Punch” To Transgender Americans, But Give Another Round To Dreamers

 

By Paul Wickham Schmidt

United States Immigration Judge (Retired)

On Tuesday, a divided Supreme Court allowed a portion of Trump’s homophobic ban on certain transgender troops to go into effect. At the same time, they properly squelched the arrogantly disingenuous attempt by Trump and his “go along to get along” Solicitor General Noel Francisco to “expedite” review of lower court rulings that found that Trump, former Attorney General Sessions, and DHS acted lawlessly and without any apparent legal rationale in terminating the “DACA” program. In simple terms, decisions that required the Administration to follow the law.

Prior Solicitors General have sometimes balked at representing liars and presenting disingenuous arguments in behalf of their Government “clients.” (Actually, somewhat of a bureaucratic misnomer, because the “institutional client” is really the “People of the U.S.”  who pay Government salaries, regardless of whether they are citizens or can vote.) Not this one, who seems to savor the opportunity to carry Trump’s more than ample “dirty water” and reduce the credibility of his one-respected office to around zero. As I predicted, nobody serves Trump without being tarnished.

For the LGBTQ community, it’s a horrible signal that a narrow majority of the Supremes are unwilling to move into the 21stcentury and recognize their Constitutional rights to equal protection under the 14thAmendment as well as their rights as human beings. It’s also shockingly disrespectful to those who have stepped forward to risk their lives in the name of our country, something Trump took great pains to avoid. It’s doubly disappointing that Chief Justice John Roberts joined his far-right colleagues on this one, at least in part (he rejected the bogus argument for immediate review put forth by Francesco and instead sent the case back to the lower courts for further development).

Unlike some of his colleagues on the right, Roberts has some sense of institutional history, the horror and existential dangers to democracy of Trump as Chief Executive, and the future. Come on, “Chiefie,” we can all get smarter as we get older! Don’t blow your chance to “get on the right side of history.” Leave the “Four Horsemen of the Apocalypse” behind in their dust and join your four more enlightened colleagues in moving America forward and showing some leadership and courage on the Supremes. As this month has shown, you might be the only person able to save America.

Paraphrasing what many pundits have said, “The Supremes can basically do anything they want, whenever they want to, for any reason they can come up with, because they are Supreme.” With that caveat in mind, the Court’s well-deserved slap down of Trump on DACA basically leaves the full protections in effect for Dreamers until the end of the Trump Administration. At that point, we’ll either get a new President, or there won’t be any country left for the “Dreamers,” the Supremes, or the rest of us to “dream about” or live in. The so-called “American Dream” will be at a tragic end. We’ll all be living in a continuing nightmare of cruelty, incompetence, and randomness.

I think the Supremes would be wise not to take up the DACA issue ever. It needs to be resolved by the lower courts, who have for the most part done a fine job, and the Congress, which hasn’t. But, assuming the Supremes do take the issue, they probably wouldn’t schedule argument before the October Term 2020. That makes it highly unlikely that they would reach and issue any final decision before the November 2020 elections. There would certainly be no reason for them to “rush to judgement” on this one.

Thus, Trump’s hollow offer of meager “Dreamer relief,” no path to green cards or citizenship and less than they have now under the court decisions, is even less of a legitimate “bargaining chip” than it was before. And, “poisoning the well” with Stephen Miller’s White Nationalist anti-asylum, child-abuse agenda shows how intellectually dishonest Trump and the GOP are and that the rancid “thousand pages of vile gibberish” that they launched as a “fake offer to reopen our Government” is a pure political stunt and an insult to 800,000 unpaid Government workers.

Moreover, all of this nonsense must be viewed in context of reality. That’s something that seldom intrudes on the daily intentionally created chaos and national dysfunction of this Administration. The Dreamers aren’t going anywhere! Almost all of them have legitimate applications for immigration relief that they can file in Immigration Court, including cancellation of removal, asylum, withholding of removal, or relief under the CAT.

Trump, Sessions, and now Whitaker have totally destroyed the U.S. Immigration Court system.  I’m not sure it will be able to reopen even when the Trump shutdown finally ends. With a politically-created backlog of well over one million cases, growing by tens of thousands with every day of the mindless Trump shutdown, virtually no “Dreamer” (other than a minute percentage who might be convicted of crimes and probably would have had their DACA status revoked or denied on that basis) would be scheduled for removal proceedings within the next four years, let alone by 2020. Indeed, if Congress doesn’t step in and provide Dreamer relief and an Article I independent Immigration Court to replace the current dysfunctional mess in the DOJ, some of these cases may well still be pending a decade from now!

This context also reaffirms the total disingenuous absurdity of SG Francisco’s argument that this is an “emergency” requiring “early intervention” by the Supremes. Nothing could be further from the truth. The only “emergency” is the one intentionally caused by his “client” Trump — by illegally and unnecessarily trying to shut down the DACA program and aggravated by his Administration’s wanton destruction of our U.S. Immigration Courts, and by the “Trump shutdown.”

The Supremes must take a “hard line” against being “sucked in” to the many bogus “emergencies” that Trump creates to detract attention from his and his party’s inability to govern in even a minimally fair and effective manner. Perhaps, it’s also time for Francisco to reread the rule of ethics for lawyers and have a “heart to heart” with his “client” about abusing the Federal Courts with semi-frivolous litigation and presenting lies as “facts.” It’s never too late to learn!

PWS

01-23-19

TRUMP’S “OFFER” MIGHT WELL BE A STUNT – BUT, IT’S ALSO AN OPPORTUNITY FOR THE DEMS TO STEP UP, SAVE LIVES, AND GOVERN RESPONSIBLY – They Should Make A Counterproposal – Here’s The “SMARTS Act Of 2019!”

There are opposing “schools of thought” on Trump’s latest immigration statement. For example, the LA Times says it another “Trump stunt to shift blame” that the Dems should resist.  https://www.latimes.com/opinion/editorials/la-ed-trump-shutdown-daca-20190119-story.html

Makes sense.

 

On the other hand, the Washington Post says that notwithstanding Trump’s annoying tactics, it’s an opportunity to reopen the Government and save the Dreamers that the Dems should pursue. https://www.washingtonpost.com/opinions/make-a-deal-to-help-the-real-people-behind-the-rhetoric/2019/01/19/f5b18866-1c17-11e9-88fe-f9f77a3bcb6c_story.html?utm_term=.5b08d589dfa9

Also makes sense.

 

I understand the Dems reluctance to enable Trump’s “hostage taking” strategy. But, I doubt they can solve that with Trump and the GOP controlling two of the three political arms of Government.

 

Indeed, a better idea would be for Speaker Pelosi and Majority Leader McConnell to get together “when the smoke clears” and see what they can do jointly to take back and fix the bipartisan Congressional budget process and protect it from overreach by Executives of both parties.  For two of the major legislative “gurus” of our age in the twilight of their careers, that would be a great “bipartisan legacy.”

 

But, for the time being, folks are suffering, and lives are in danger: Government employees, those that depend on Government, asylum applicants, Dreamers, TPSers, those in Immigration Court, and the families of all of the foregoing. So, I think the Dems should make a “robust” counterproposal that gives Trump at least part of his “Wall,” but also includes other important reforms and improvements that will diminish the impact of border migration issues in the future. Most important, almost everything in this proposal would save or improve some human lives and benefit America in the short and long run.

 

So, here’s my outline of the “SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019”

 

SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019

 

  • Federal Employees
    • Restart the Government
    • Retroactive pay raise

 

  • Enhanced Border Security
    • Fund half of “Trump’s Wall”
    • Triple the number of USCIS Asylum Officers
    • Double the number of U.S. Immigration Judges and Court Staff
    • Additional Port of Entry (“POE”) Inspectors
    • Improvements in POE infrastructure, technology, and technology between POEs
    • Additional Intelligence, Anti-Smuggling, and Undercover Agents for DHS
    • Anything else in the Senate Bill that both parties agree upon

 

  • Humanitarian Assistance
    • Road to citizenship for a Dreamers & TPSers
    • Prohibit family separation
    • Funding for alternatives to detention
    • Grants to NGOs for assisting arriving asylum applicants with temporary housing and resettlement issues
    • Require re-establishment of U.S. Refugee Program in the Northern Triangle

 

  • Asylum Process
    • Require Asylum Offices to consider in the first instance all asylum applications including those generated by the “credible fear” process as well as all so-called “defensive applications”

 

  • Immigration Court Improvements
    • Grants and requirements that DHS & EOIR work with NGOs and the private bar with a goal of achieving 100% representation of asylum applicants
    • Money to expand and encourage the training and certification of more non-attorneys as “accredited representatives” to represent asylum seekers pro bono before the Asylum Offices and the Immigration Courts on behalf of approved NGOs
    • Vacate Matter of A-B-and reinstate Matter of A-R-C-G-as the rule for domestic violence asylum applications
    • Vacate Matter of Castro-Tumand reinstate Matter of Avetisyan to allow Immigration Judges to control dockets by administratively closing certain “low priority” cases
    • Eliminate Attorney General’s authority to interfere in Immigration Court proceedings through “certification”
    • Re-establish weighing of interests of both parties consistent with Due Process as the standard for Immigration Court continuances
    • Bar AG & EOIR Director from promulgating substantive or procedural rules for Immigration Courts — grant authority to BIA to promulgate procedural rules for Immigration Courts
    • Authorize Immigration Courts to consider all Constitutional issues in proceedings
    • Authorize DHS to appeal rulings of the BIA to Circuit Courts of Appeal
    • Require EOIR to implement the statutory contempt authority of Immigration Judges, applicable equally to all parties before the courts, within 180 days
    • Bar “performance quotas” and “performance work plans” for Immigration Judges and BIA Members
    • Authorize the Immigration Court to set bonds in all cases coming within their jurisdiction
    • Fund and require EOIR to implement a nationwide electronic filing system within one year
    • Eliminate the annual 4,000 numerical cap on grants of “cancellation of removal” based on “exceptional and extremely unusual hardship”
    • Require the Asylum Office to adjudicate cancellation of removal applications with renewal in Immigration Court for those denied
    • Require EOIR to establish a credible, transparent judicial discipline and continued tenure system within one year that must include: opportunity for participation by the complainant (whether Government or private) and the Immigration Judge; representation permitted for both parties; peer input; public input; DHS input; referral to an impartial decision maker for final decision; a transparent and consistent system of sanctions incorporating principles of rehabilitation and progressive discipline; appeal rights to the MSPB

 

  • International Cooperation
    • Fund and require efforts to work with the UNHCR, Mexico, and other countries in the Hemisphere to improve asylum systems and encourage asylum seekers to exercise options besides the U.S.
    • Fund efforts to improve conditions and the rule of law in the Northern Triangle

 

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

No, it wouldn’t solve all problems overnight. But, everything beyond “Trump’s Wall” would make a substantial improvement over our current situation that would benefit enforcement, border security, human rights, Due Process, humanitarian assistance, and America. Not a bad “deal” in my view!

 

PWS

01-20-19

 

 

 

COLBERT I. KING @ WASHPOST: NATION IN REGRESSION: Trump & His White Nationalist Flunkies Are An Insult To All That Rev. Martin Luther King & His Supporters, Of All Races & Religions Stood For! — From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.” — But, The New Due Process Army Continues MLK’s Legacy!

https://www.washingtonpost.com/opinions/martin-luther-king-jr-would-be-outraged/2019/01/18/e4a7b4c6-1a75-11e9-8813-cb9dec761e73_story.html

Colby King writes:

. . . .

The greatest contrast between the time King led the struggle for America’s legal and social transformation and now is a White House occupied by Donald Trump.

There is a long list of ways in which backtracking on civil and human rights has occurred since the election of a president who lost the popular vote by nearly 3 million votes. It ranges from discriminatory travel bans against Muslims to turning a federal blind eye to intentionally racially discriminatory state voter-suppression schemes, to opposing protections for transgender people, to inhumanely separating children from families seeking to enter the country.

Sadly, that’s not all that stands out.

Once the federal locus of the nation’s quest for racial reconciliation, today’s White House is a source of racial divisiveness and a beacon to the prejudice-warped fringes of American society. It’s no surprise that the FBI found hate crimes in America rose 17 percent in 2017, the third consecutive year that such crimes increased. In King’s day, racially loaded, hateful rhetoric could be heard across the length and breadth of the Deep South. Now, mean, disgusting and inflammatory words come out of the mouth of the president of the United States.

From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.

King, and the movement he led, would be outraged. The rest of us should be, too.

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

Read the full op-ed at the above link.

Very powerful! King speaks truth, reason, and humanity — in the spirit of Dr. King. Contrast that with the vile slurs, bogus race-baiting narratives, and non-policies spewing from the mouth of our racist (and incompetent) Liar/Grifter-in-Chief!

Two of my favorite MLK quotes (from the Letter from the Birmingham Jail — with acknowledgment to the Legal Aid and Justice Center from their poster hanging in my “office”)):

Injustice anywhere is a threat to justice everywhere.

Whatever affects one directly, affects all indirectly.

Thanks to those many courageous and dedicated individuals tirelessly serving America in the New Due Process Army by resisting Trump’s illegal and anti-American policies! You, indeed, are the 21st Century continuation of Dr. King’s legacy to our country and the world! Dr. King would be proud of you! Due Process Forever!

PWS

01-21-19

THE GUARDIAN EXPOSES CONTINUING CHILD ABUSE BY ADMINISTRATION: Child Separations Underreported — Children Detained In Health-Threatening Conditions!

 

https://www.theguardian.com/us-news/2019/jan/17/trump-family-separations-report-latest-news-zero-tolerance-policy-immigrant-children?CMP=Share_iOSApp_Other

Amanda Holpuch reports for The Guardian:

The Trump administration may have separated thousands of migrant children from their parents at the border for up to a year before family separation was a publicly known practice, according to a stunning government review of the health department’s role in family separation.

A report by the health department’s Office of Inspector General (OIG) published Thursday said officials at the health department estimated “thousands of separated children” were put in health department care before a court order in June 2018 ordered the reunification of 2,600 other children.

“The total number of children separated from a parent or guardian by immigration authorities is unknown,” the report said.

In 2017, officials at the health department’s Office of Refugee Resettlement (ORR) observed a steep increase in the number of children referred to ORR care who had been separated from their parents or guardians by the Department of Homeland Security (DHS), according to the report.

In response to the increase, officials began informally tracking separations. “Thousands of children may have been separated during an influx that began in 2017, before the accounting required by the court, and HHS has faced challenges in identifying separated children,” the report said.

US attorney general Jeff Sessions announced the “zero tolerance” policy that made family separations possible in April 2018, but advocacy groups had been warning for months that family separations were already taking place.

In June 2018, a federal judge ordered 2,600 children to be reunited with their parents, but the health department said in the five months following the order, it was still identifying children who should have been considered separated but were not being clearly tracked in government systems.

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

Alexandra Villarreal reports for The Guardian:

https://www.theguardian.com/us-news/2019/jan/17/pennsylvania-detention-center-sick-children?CMP=Share_iOSApp_Other

At the Berks Family Residential Center, an immigrant detention facility in Leesport, Pennsylvania, advocates and former detainees say it’s normal for children held there to have health problems.

One mother, who asked to use her middle name Arely, told the Guardian that children often had fevers or vomited when she was detained at Berks. She said she watched helplessly as her two-and-a-half-year-old daughter threw up blood for three days.

Another woman – who asked to be referred to only by her middle name Fernanda because she still fears her antagonists in her home country – remembered children with the flu and respiratory illnesses, and how the on-site medical professionals would take their temperatures but never give out medicine. When Fernanda’s own daughter had fever, she had to go to the hospital just to get Tylenol, she said.

Since attorney Jacquelyn Kline began representing immigrant families detained at Berks in the summer of 2014, she said the majority of her clients have gotten sick. Usually, the illnesses have been minor. But sometimes, when common problems have gone ignored or untreated, they have spiraled to become something more.

“In my experience, [the staff] do the bare minimum and they don’t want to do more than that unless it becomes a situation where they have to do it,” Kline said. “Because they don’t address things when there are minor issues, it allows them to become more serious issues.”

One Berks resident wrote to US Immigration and Customs Enforcement (Ice) in late 2015 that though her son’s skin disease had spread to his genitals and bled when scratched, the clinical team had not provided him with medication.In May 2016, a three-year-old boy who had been suffering from fevers and loss of appetite for months was finally diagnosed with an intestinal parasitism after his mother found a worm in his diaper.

Berks did not respond to a request for comment. Ice’s public affairs officers are out-of-office for the duration of the government shutdown, according to an automated email from the Pennsylvania officer’s account. Ice confirmed that he is currently furloughed.

Relatives cry over the coffin of seven-year old Jakelin Caal, who died in a Texas hospital on 8 December, two days after being taken into custody by US border patrol agents.
Relatives cry over the coffin of seven-year old Jakelin Caal, who died in a Texas hospital on 8 December, two days after being taken into custody by US border patrol agents. Photograph: Johan Ordóñez/AFP/Getty Images

The fact that serious medical conditions occur and go untreated for days, weeks or months while immigrant children are under the government’s protection may come as a surprise to many. But advocates who have been on the ground at detention facilities under the purview of the Department of Homeland Security (DHS) are well acquainted with stories such as these that point to a wider trend.

“I am surprised that more children or parents have not died while in DHS custody, given the systemic failure on the part of the government to provide medical services,” said Kathryn Shepherd, national advocacy counsel for the Immigration Justice Campaign at the American Immigration Council.

In late 2018, the deaths of two migrant children while in US custody near the southern border made national headlines and refocused attention on immigrant children who are in the country illegally. First, seven-year-old Jakelin Amei Rosmery Caal Maquin died from cardiac arrest associated with dehydration on 8 December after being apprehended by DHS’s Customs and Border Protection (CBP).

Then, on Christmas Eve, eight-year-old Felipe Gómez Alonzo became the second child in a matter of weeks to succumb to illness after being taken into custody by CBP. It was later determined that he had the flu.

At first glance, the deaths appeared an exceptional phenomenon. Homeland security secretary Kirstjen M Nielsen has said that before last December, an immigrant child had not died in CBP custody in more than a decade.

But for those familiar with the ways in which DHS holds immigrant families beyond the border through Ice, the deaths felt part of a long medical history of neglect, misdiagnoses and close calls associated with undocumented children. This history dates to at least 2014, when the department ramped up mass incarceration of immigrant families under President Barack Obama.

“I don’t think that this is a new problem,” said Shepherd. “I think that this is something that’s been a problem for a long time.”

Before accepting her current post, Shepherd served as managing attorney for a pro-bono project representing asylum-seeking families at the South Texas Family Residential Center in Dilley, Texas. Women and children detained there have beenairlifted or rushed to a hospital in an ambulance on a number of occasions, she said. Last summer, Vice News reported that a toddler had died six weeks after leaving the Ice detention center, where she contracted what started as a common cold but evolved into a deadly virus.

Eight-year-old Felipe Gómez Alonzo died on Christmas Eve after being taken into custody by DHS’s Customs and Border Protection.
Eight-year-old Felipe Gómez Alonzo died on Christmas Eve after being taken into custody by DHS’s Customs and Border Protection. Photograph: Catarina Gomez/AP

Brad Berman, a clinical professor of pediatrics at the University of California- San Francisco and fellow of the American Academy of Pediatrics, said the DHS facilities he is aware of that hold immigrant families crossing through the US’s southern border appear to be “providing inadequate or substandard medical care”.

“They are violating their own standards – federal standards, as well as state standards, as well as ethical standards,” he said.

Vincent Picard, deputy assistant director to Ice public affairs, said that Ice spends more that $250m annually on healthcare for their charges. He cited the June 2017 DHS inspector general’s report that found the agency’s family residential centers to be “clean, well-organized and efficiently run”.

“Ice takes very seriously the health, safety and welfare of those in our care,” Picard said in a statement. “Ice is committed to ensuring the welfare of all those in the agency’s custody, including providing access to necessary and appropriate medical care. Comprehensive medical care is provided to all individuals in Ice custody.”

An independent medical evaluation Berman did tells a different story. He found that the standards of pediatric medical care and mental health evaluations and care” for one immigrant child “were breached during her stay” at Berks, the Ice family detention center in Pennsylvania, in 2016. The girl, whose mother Maria requested she be referred to by her middle name Beatriz, was bedwetting after traveling to the US from El Salvador. She was nine years old.

Soon after arriving at Berks, Beatriz had several appointments with Michael Mosko, a psychologist provided by the facility. In his notes from one of the sessions, Mosko wrote that after conferring with an interpreter , he was under the impression that the bedwetting “was related to nothing more than laziness”.

After Beatriz was released from Berks, she visited a pediatric urologist and nephrologist who diagnosed her with chronic renal failure – or loss of kidney function. Though the condition was likely associated with Beatriz’s premature birth, it was exacerbated by a misdiagnosis during her time in detention, Berman said.

Now, Beatriz takes pills every night for her illness, which Maria said can’t be cured.

“She looked good when we were in El Salvador,” Maria said. “It was when she came here that she got sick.”

For Maria and Beatriz – as for many of the families from Central America who have crossed the US-Mexico border in recent years – leaving El Salvador was an attempt at self-preservation. When licensed clinical social worker Kathryn S Miller evaluated Beatriz, her report indicates that Beatriz and Maria shared stories about how the child watched her mother get robbed at knifepoint, experienced a home invasion, and overheard accounts of family friends being murdered by gang members.

Over the course of a year, Miller evaluated a handful of children who were detained at Berks. She said there was no doubt that each of them had been exposed to repeated trauma while in their home countries and had legitimate reasons for requesting asylum.

While families seeking asylum make their case, many of them fall into DHS custody and rely on the medical professionals the department supplies.

“There’s just basic needs that children have,” said Miller. “And if they’re going to be tasked with taking care of vulnerable children, they need to have the training and support to make sure they’re taking good care of them.”

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

The shutdown hasn’t stopped the Administration’s many abuses of migrants and children. Clearly, a Wall is not the answer to forcing the Administration to follow the law.

PWS

01-17-19

 

NO, WE’RE NOT “OVERWHELMED” WITH ASYLUM SEEKERS – BUT TRUMP’S SHUTDOWN IS ADDING TO THE IMMIGRATION COURT BACKLOG, CREATING MORE “AIMLESS DOCKET RESHUFFLING” THAT HELPED CREATE THE BACKLOG IN THE FIRST PLACE, AND SCREWING ASYLUM SEEKERS WITH PENDING CASES! — We Won’t Be Able To Solve Immigration Until The Immigration Court is Removed From The Executive Branch & Becomes An Independent Court!

The latest TRAC IMMIGRATION report confirms what most of us familiar with the dysfunctional U.S. Immigration Courts already knew: Trump has already needlessly added 42,000 cases to the backlog and will have added at least 100,000 of the shutdown lasts through the end of January.

 

==========================================
Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Since the beginning of the federal government shutdown, most Immigration Court hearings have been cancelled. As of January 11, the estimated number of cancellations reached 42,726. Each week the shutdown continues, cancelled hearings will likely grow by another 20,000. As many as 100,000 individuals awaiting their day in court may be impacted if the shutdown continues through the end of January.

Each week the shutdown continues the practical effect is to add thousands of cases back onto the active case backlog which had already topped eight-hundred thousand (809,041) as of the end of last November. Individuals impacted by these cancellations may have already being waiting two, three, or even four years for their day in court, and now may have to wait years more before their hearing can be rescheduled once the shutdown ends.

Immigration Courts in California have experienced the most hearing cancellations – an estimated 9,424 as of January 11. These and many more details are based on analyses of court records by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

For state-by-state impacts, see the full report at:

http://trac.syr.edu/immigration/reports/543

In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through November 2018. For an index to the full list of TRAC’s immigration tools go to:

http://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

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But, that’s not all folks!

Amy Taxin reports for NBC LA:

https://apple.news/AB_FhnUCjSkylre8-ue8cZQ 

The partial government shutdown over President Donald Trump’s demand for a border wall is playing havoc with the nation’s already backlogged immigration courts, forcing the postponement of hearings for thousands of immigrants.

For some of those asking for asylum in the U.S., the impasse could mean years more of waiting — and prolonged separation from loved ones overseas — until they get a new court date.

But for those immigrants with little chance of winning their bids to stay in this country legally, the shutdown could help them stave off deportation that much longer — adding to the very delays the Trump administration has railed against.

“It is just dripping with irony,” said Sarah Pierce, policy analyst at the nonpartisan Migration Policy Institute. “This administration has put a lot of emphasis on speeding up court cases, and the shutdown obviously is just going to cause massive delays.”

The shutdown has furloughed hundreds of thousands of government employees and halted services that aren’t deemed essential, including, in many instances, the immigration courts overseen by the Justice Department.

Hearings involved detained immigrants are still going forward. But untold thousands of other proceedings have been postponed. No one knows for how long; it depends on when employees return to work and hearings can be reset.

Immigration experts said cases could be delayed months or years since the courts have more than 800,000 pending cases, according to the Transactional Records Access Clearinghouse at Syracuse University, and many courtrooms are tightly booked.

Immigration Judge Dana Marks, former president of the National Association of Immigration Judges, said she has at least 60 hearings a day in her San Francisco courtroom and no space on her docket for at least the next three years.

“The cases that are not being heard now — there is no readily available place to reschedule them until at least 2022 or beyond,” Marks said of her courtroom.

Immigration judges hear a wide range of complex cases from immigrants from across the world, some who have recently arrived in the United States, others who have lived in the country for years and the government is seeking to deport.

Immigration judges have long sought more staffing to handle the ballooning caseload, which has roughly doubled in five years following a surge in Central American children and families arriving at the southern border. The Trump administration has tried to speed up the courts by assigning immigration judges quotas and stopping them from shelving cases.

Some of the toughest cases immigration judges hear are claims for asylum, or protection from persecution. And long wait times can be especially difficult for asylum seekers, since they can’t bring spouses or children to join them in the United States unless their asylum requests are approved.

Reynold Finnegan, an immigration attorney in Los Angeles, said one of his Afghan clients hasn’t seen his wife or children in nearly nine years. After being kidnapped and tortured by the Taliban, the man left his homeland, traveled across the world and made his way to the U.S.-Mexico border to seek asylum, Finnegan said.

He waited more than six years for his final hearing before an immigration judge, but it was canceled last week because of the shutdown, and he doesn’t know how much longer it will take.

“He is devastated,” Finnegan said. “He was really planning on seeing his wife later in the year when he got approved, and his children.”

Since the shutdown began in December, immigrants have had to prepare for their scheduled court hearings and in many cases travel to court, knowing the proceedings might be postponed. In Northern states, that can mean hourslong car trips through ice and snow and taking days off from work.

The delays are painful for many immigrants, especially those who have strong asylum claims or green card applications and want to get their lives on solid footing in the United States.

Those with the weakest asylum claims actually benefit from the delays, because they are able to remain in the U.S. in the meantime and hold out hope of qualifying for legal status by some other means down the road.

In the 2017 fiscal year, immigration courts decided more than 52,000 asylum cases. About 1 in 5 were approved, according to statistics from the courts.

Courts have been crippled by a government shutdown. More than 37,000 immigration hearings were delayed by one in 2013.

And it isn’t just immigration courts that are affected. Since Justice Department attorneys are allowed to work in limited circumstances only, some high-profile civil cases have been put on hold, including a lawsuit in Oregon by the widow of Robert “LaVoy” Finicum, a man shot by police in 2016 after the takeover of a wildlife refuge.

Government attorneys have also sought to put on hold environmental cases, including challenges to logging projects and wild horse roundups in Montana and a lawsuit over the disposal in Oklahoma of toxic coal ash from power plants.

Most major criminal cases are expected to stay on track because of federal requirements for a speedy trial.

One aspect of immigration unaffected by the shutdown is the review of applications for green cards and citizenship. That’s because those tasks, which are handled by an agency in the Homeland Security Department, are paid for by application filing fees.

One asylum seeker, who spoke on condition of anonymity for fear of persecution in her home country, said the wait has been unbearable since her 2014 court date was twice delayed. It is now set for February.

“The past four years have been horrible enough, but this uncertainty, and my life being handled with such, I don’t know, no one cares, basically,” she said. “The process takes forever — just to get the date in front of the judge.”

Associated Press writers Dave Kolpack, Amy Forliti and Matthew Brown contributed to this report.

 

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But, wait!  That’s not all folks. There’s more!

Brittany Shoot @ Fortune writes that Immigration Court waiting times could double as a result of Trump’s shutdown!

https://apple.news/AEy1h1oc7RSux5Cdw1fo4PQ

The United States immigration courts are overburdened. Roughly 800,000 cases are portioned out between around 400 immigration judges, according to PBS NewsHour.And with the federal government shutdowncontinuing into its third week, applicants who have already waited years for their court date may now be shuttled to the back of the line, their hearings rescheduled as late as the 2022. This directly effects people’s everyday lives, as immigration status impacts basics such as the ability to get a work permit.

Focus on immigration enforcement under the Department of Homeland Security may be up, but the immigration courts, which fall under the Department of Justice, have not been given much attention despite the record-high demand for hearings that has been growing over the past decade. Judge Dana Leigh Marks, president emeritus of the National Association of Immigration Judges, told NewsHour the effects of the shutdown are having a “devastating impact.” San Francisco-based Judge Marks says that her own caseload of nearly 4,000 dockets includes cases that are already several years old. With no scheduling slots available, she says those cases may be reset to another date several years in the future.

Non-detained immigrants make up about 90% of judges’ caseloads, and those cases can end up involving anything from asylum decisions to deportations. The other 10% of cases, those for immigrants who are detained by immigration officials, are the only ones that can be processed during the shutdown. And that’s why the vast majority of those waiting for a hearing will simply be moved to the back of the line again.

The effects of the record-long government shutdownare also touching the lives of everyone from private-sector contractorsto Transportation Security Administration (TSA) agents and travelers. And if the shutdown continues for another two weeks, its cost to the economy will surpass $5.7 billion, the amount it would cost to build President Trump’s border wall.

Visit FORTUNE.com

 

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Yeah, it’s going to continue to get worse until the shutdown ends and the Immigration Courts are removed from the DOJ.

Also, don’t let Trump, the DOJ, or any of their apologists in Congress or elsewhere “con” you into blaming the largely contrived “flood of asylum applicants” for this. We must stop “blaming the victims” for the lousy policies and gross incompetence of this Administration!

The Immigration Court has been in trouble and should have been fixed years ago. But, Trump, Sessions, Nielsen, and Miller intentionally have made things much, much worse—with no hope of improvement in sight.

Returning Due Process and fairness as the primary focus of these courts as well as placing them under professional court administration working for the Immigration Judges, not bureaucrats in Washington or Falls Church, wouldn’t solve the current immigration issues overnight. But, it certainly would be a head start and a beginning of a solution. That’s one heck of an improvement over the “downward spiral” promoted by this Administration. And, it wouldn’t cost $5.7 billion to fix, either!

PWS

01-15-19

 

 

THE ABSURDITY OF TRUMP’S SHUTDOWN & ITS DEVASTATING EFFECT ON OUR ALREADY CRUMBLING IMMIGRATION COURT SYSTEM DETAILED IN OPEN LETTER TO CONGRESS BY NAIJ PRESIDENT, HON. A. ASHLEY TABADDOR

01092019senate

NATIONAL ASSOCIATION OF IMMIGRATION JUDGES
President A. Ashley Tabaddor c/o Immigration Court 606 S. Olive Street, 15th Floor Los Angeles, CA 90014 (213) 534-4491
______________________________________________________________________________________________________ January 9, 2019
Dear Senator,
As has been widely reported, the current government shutdown over U.S. immigration policy has placed an unmanageable burden on our nation’s Immigration Courts. As an Immigration Judge in Los Angeles presently on furlough and as President of the National Association of Immigration Judges (NAIJ), I am acutely aware of the impact of the current government shut down on our Immigration Courts, Immigration Judges and the parties who appear before us.
There is currently a backlog of more than 800,000 pending immigration cases (an increase of 200,000 cases in less than two years, in spite of the largest growth in the number of judges in recent history – from under 300 to over 400 U.S. Immigration Judges). We, as Immigration Judges, are responsible for determining whether claimants can remain in the United States or must be deported or detained.
Because of the crushing backlog of cases, our individual court calendars are booked, morning and afternoon, every day of the week, multiple years in advance. Some days our judges have more than 80 cases on their dockets. Every day that our courts are closed, thousands of cases are cancelled and have to be rescheduled. However, the likely re-scheduling option is – as Washington Post editorial writers suggest – plucked from a New Yorker cartoon: “Never. Does never work for you?” While this is hyperbole, it is not far from the truth. Since it is impossible to predict when these cases can reasonably be rescheduled, it might as well be “never.”
The concept of “never” cannot be accepted and does not work for the United States. It is unacceptable to prevent those who should be deported to remain here indefinitely or to prevent those who are eligible for relief from being granted relief and receive the benefit they deserve. When a hearing is delayed for years as a result of a government shutdown, individuals with pending cases can lose track of witnesses, their qualifying relatives can die or age-out and evidence already presented becomes stale. Those with strong cases, who might receive a legal
1

immigration status, see their cases become weaker. Meanwhile, those with weak cases – who should be deported sooner rather than later – benefit greatly from an indefinite delay.
Judges, as public servants, along with our fellow federal employees and people across the country, are also being asked to carry the burden of a government shut-down. Every Immigration Judge across the country is currently in a “no-pay” status. Those who have been furloughed are anxious about having been prevented from continuing to work and earn their living. The judges who have been deemed as “excepted” are serving the American people without pay and doing so with added unnecessary pressures, including the Department’s recent announcement that most hearings will no longer be accompanied with in-person interpreters, and that the judges’ previous compressed work schedules and administrative time to review cases has been cancelled. On behalf of the NAIJ, I urge you to bring a rapid end to the current shutdown.
The root cause, however, of an increasing backlog of cases, the delays, uncertainty and unfairness in U.S. Immigration Courts is that our Immigration Court and judges are directly accountable to the U.S. Attorney General, the federal government’s lead prosecutor. This underlying structural flaw has led to repeated violations of the basic tenants of our American judicial principles, that of an independent and impartial judge and court. While we are grateful to Congress for the recent allocation of additional funding to our resource starved courts, such as added Immigration Judge teams, history has proven that the issues plaguing our Immigration Courts will not be corrected simply through more funding. The enduring solution, which has been publicly supported by multiple prominent legal organizations and scholars, is to remove the Immigration Court from the Justice Department and afford it with the true independence it needs and deserves. It is long past time to vest U.S. Immigration Judges – like our counterparts in U.S. tax and bankruptcy courts – with full judicial independence under Article 1 of the U.S. Constitution.
We are available at your convenience to discuss these critical issues. Sincerely,
Hon. Ashley Tabaddor
President, National Association of Immigration Judges
2

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Wow! Trump is taking “Aimless Docket Reshuffling” — the REAL primary cause of the unmanageable court backlog — to new heights.

And, Judge Tabaddor isn’t even counting the 300,000 or so already closed cases that EOIR Director McHenry includes in his backlog count (undoubtedly on orders from his DOJ “handlers”)!

Nor does she include more than 300,000 Central Americans and Haitians that the Administration is mindlessly (and perhaps illegally) trying to boot out of their current status. Of course, the vast majority of the TPSers would have strong claims for “Cancellation of Removal.” So, in truth, they are not going anywhere except into the Court’s backlog. Trump will be long gone before the Immigration Courts even get to,the first of those cases!

Running hearings without in person interpreters! That’s almost a prima facie Due Process violation. I can virtually guarantee that it will result in many inadequate or disputed translations, meaning remands by the BIA and the Article IIIs for “redos.” Haste makes waste!

What if we actually invested in a system that “does Due Process right” the first time around? Certainly, it would make the system fairer and more efficient. It wouldn’t cost $5.7 billion either. Indeed some of that money could be spent on providing universal representation for asylum seekers.  Or how about a functioning e-filing system which almost all other high volume courts in America also have?

Could it get any dumber than Trump shutting down the Immigration Courts, essential to immigration administration and enforcement, over immigration enforcement? No, it couldn’t!

PWS

01-12-19

BESS LEVIN @ VANITY FAIR: KAKISTOCRACY IN ACTION — America Suffers As Trump Bumbles Along With His White Nationalist, Pro-Kremlin Agenda!

https://www.vanityfair.com/news/2019/01/bye-bye-donald-trump-throws-a-fit-after-pelosi-tells-him-no

Bess writes:

Today is the 19th day of the government shutdown. If it drags on much longer, the U.S. is at risk of losing its triple-A rating, which could increase borrowing costs and put a chill on the economy. At present, 800,000 federal employees are either furloughed or being forced to work without pay, including T.S.A. agents and the Secret Service. Farmers are struggling to get the subsidies they were promised to offset the damage done by the president‘s trade war. Financial-fraud investigations have “ground to a halt.” Human shit and garbage have piled up in national parks. Speaking of shit, food inspections by the F.D.A. have been curtailed, including inspections of food considered “high risk,” raising the possibility of E. Coli and salmonella outbreaks. At the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, 1,523 of 3,531 employees “are considered non-essential,” while D.H.S.’s Countering Weapons of Mass Destruction Office is reportedly two-thirds empty.

Understanding that Democrats are unlikely to ever agree to fund a border wall—barring getting something major in exchange, like a DACA deal—did the president decide to cut a deal to get things up and running again? Not exactly! Chuck Schumer told reporters on Wednesday that when Democrats didn’t fork over the hostage money during a meeting at the White House, Trump slammed the table and stormed out of the room, like a tween who’s been told she can’t leave the house in a crop top. Shortly after, Trump confirmed:

For those old enough to remember back to mid-December, Nancy Pelosi’s position has not changed—the only thing that has changed is that the president, who told Pelosi and Schumer on December 11 “I’m not going to blame you for [the shutdown],” is now trying to blame the completely unnecessary closure of the government on Democrats. His lies have shifted as well— after claiming that the unpaid federal employees are “mostly” Democrats, ergo he has no sympathy for them, on Wednesday he insisted the workers facing evictionand permanent loss of wages want the wall as much as he does. “You take a look at social media,” the ex-Miss Universe owner explained, “[And] so many of those people are saying, ‘It’s very hard for me, it’s very hard for my family, but, Mr. President, you’re doing the right thing.’”

Elsewhere in delusions, the G.O.P. continues to believe that Trump will get Democrats to bend to his demands by employing the same negotiating skills and business acumen that led him to acquire the Plaza Hotel for $60 million more than it was thought to be worth, purchase the Eastern Air Lines Shuttle for, again, some $60 million more than high estimates said it should go for, overpay for football players as a team owner in the doomed United States Football League, and put multiple Trump companies into bankruptcy, most memorable among them the “the debt-bloated Trump Taj Mahal.” Instead, this is the level of savvy we’re dealing with:

House Minority Leader Kevin McCarthy said that Trump had brought candy to the meeting in an effort to smooth things over.

Who could have predicted Chuck and Nancy wouldn’t immediately write a check for $5.6 billion after being plied with Baby Ruth bars, M&M’s and Butterfingers? That kind of thing totally worked when he was negotiating a licensing deal for Trump Steaks! People were lining the streets to give him money!

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White House decides letting 38 million people starve during shutdown would’ve been a bad look

To be fair, you could see them going either way on this one:

Trump administration officials said Tuesday that the Agriculture Department will be able to pay out food-stamp benefits for the entire month of February—tamping down fears that the partial government shutdown could have resulted in rationing or halting of benefits. . . . Just a few days ago, White House officials had said funds for the Supplemental Nutrition Assistance Program were likely to run out in February if Congress didn’t act, an outcome that would have led to a sharp cut in benefits for millions of low-income Americans who rely on the program to help them pay for groceries each month. Democrats had seized on the White House’s threat as both sides tried to increase their political leverage as the shutdown, now in its [19th day], entered its third week.

This is obviously good news for the people who depend on the SNAP program, assuming they avoid the food that the F.D.A. won’t be able to inspect thanks to the furlough.

Treasury set to ease sanctions on Putin pal’s companies

Aw, we could never stay mad at you (for reasons Robert Mueller’s forthcoming report may or may not reveal):

Treasury Secretary Steven Mnuchin will brief lawmakers in the House of Representatives on Thursday about his department’s plan to terminate sanctions on three companies linked to Oleg Deripaska, a Russian billionaire with ties to Russian President Vladimir Putin. . . . The meeting follows Treasury’s December 19 notification to Congress that it would end sanctions on Rusal, EN+, and EuroSibEnergy in 30 days. Mnuchin said at the time that the decision was made after the companies “committed to significantly diminish Deripaska’s ownership and sever his control.”

Deripaska, a metals tycoon and close friend and ally of Putin, remains sanctioned, meaning no American may conduct business dealings with him directly or indirectly. He has come under scrutiny in the United States for his ties to the Kremlin as well as to Paul Manafort.

In September, we learned that the Treasury had effectively fallen ass-backwards into sanctioning Deripaska and Rusal last April after Mnuchin got flustered and announced sanctions that the administration never intended to implement.

At least some people are benefitting from Trump’s lies

I.e. the people who put money on just how many falsehoods will spew from his mouth at any given moment:

A gambling site is paying out thousands of dollars to people who correctly bet that President Donald Trump would tell more than 3.5 lies in his Oval Office address on Tuesday. Bookmaker.eu asked people to wager on the president’s truthfulness, offering odds of -145 for more than 3.5 lies and +115 for less than 3.5 lies. That means if a person bet $145 dollars that Trump would lie at least four times, they would win $100.

And some people won big. Odds consultant John Lester told BuzzFeed News the site will lose $276,424, with 92 percent of its bettors correctly wagering that Trump would lie a lot.

Lester said that Bookmaker had, of course, expected that Trump would lie but underestimated just how many “alternative truths” would spring from his mouth given the time constraints of the speech.

Bob Mercer will have to find a new way to dodge gun laws

Last April, we learned that when he wasn’t facilitating Brexit or getting Donald Trump elected, former hedge-fund manager Bob Mercer was spending a week each year in Yuma County, Colorado, in order to qualify as a volunteer sheriff, a status that allowed him to carry a concealed weapon in any state or locality. But according to a new report from Bloomberg, the Long Island billionaire will have to figure out an alternative workaround should he wish to continue packing heat in a covert fashion:

The New York hedge-fund magnate and conservative donor had his status as a volunteer deputy sheriff revoked by Yuma County, Colorado, Sheriff Chad Day on Monday, his last day in office. Day lost his re-election bid last year after Bloomberg News reported on Mercer’s role and his purchase of a new pickup truck for the sheriff’s official use.

The arrangement provoked controversy in the prairie county that borders Kansas and Nebraska. Day submitted papers last week ending the appointments of Mercer, 72, and at least a dozen other volunteer posse members, effective January 7, according to documents signed by Day and filed with the county clerk.

This isn’t the first county to force Mercer to turn in his badge: last year, the mayor of Lake Arthur, New Mexico, announced that he was shutting down the volunteer reserve-officer program and requiring existing reserve officers to turn in their credentials. Hopefully this turn of events simply means that Mercer won’t be able to, for instance, walk into Grand Central Oyster Bar with a gun in his pocket, and not that he’ll put those extra six days in his calendar toward helping get another papaya-colored fascist of his choice elected.

Jeff Bezos has a new lady friend

The Amazon founder is reportedly dating Lauren Sanchez, after announcing on Twitter than he and his wife are divorcing after 25 years of marriage. (Bezos and Sanchez did not respond to requests for comment.) Unsurprisingly, various wealth-trackers have already crunched the numbers—in this case, divided by two—and informed us that MacKenzie Bezos stands to become the richest woman in the world, assuming she and Jeff split their $137.2 billion fortune evenly (which, to be fair, is a fairly big assumption!).

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Read the complete “Levin Report” at the link.  (Or, better yet, sign up to have it delivered directly to your mailbox — I don’t believe that you have to be a Vanity Fair subscriber.)

Placing the government in the hands of a racist incompetent like Trump and his sycophantic stooge Cabinet Members is a prescription for national disaster. But, that doesn’t seem to bother the “Party of Putin.” The GOP seems to have sold us out long ago.

PWS

01-10-19

RUTH ELLEN WASEM @ THE HILL: Trump’s Bogus Terrorism Claims Endanger America!

https://thehill.com/opinion/immigration/424189-terrorism-is-not-a-thing-to-cry-wolf-about

Ruth writes:

In the manic push for a border wall, some officials in the Trump administration have cried wolf about the number of terrorists caught trying to enter the United States. Terrorism is a serious threat and should not be trotted out to justify an unpopular policy proposal. It is a false alarm that, as the ancient story of the shepherd boy who cried wolf teaches, results in no one believing the cry when the wolf eventually does come to eat the sheep.

On Jan. 4, 2019, White House Press Secretary Sarah Sanders said that nearly 4,000 known or suspected terrorists were picked up trying to cross the southern border last year. She made the remarks in anticipation of President Trump’s meeting with congressional leaders on funding the government and his request for $5 billion for a border wall. When Fox News’ Chris Wallace challenged these claims of thousands of terrorists attempting entry that Sanders and Department of Homeland (DHS) Secretary Kirstjen Nielsen have made, Sanders refused to correct the record, alleging that the southern border is the “most vulnerable point of entry.”

Obfuscation, misrepresentation and falsification of immigration statistics has become commonplace in the Trump administration, the most glaring of which is the 2018 report that the Department of Justice (DOJ) co-authored with DHS. Eighteen former national security experts who had worked at the highest levels in several administrations wrote a letterseverely critiquing the report. They identified a number of mischaracterizations in the report and sought its rescission under the Information Quality Act (IQA).

In doing so, the national security experts emphasized the damage such a misleading report inflicts on counterterrorism efforts. They concluded: “Terrorists’’ success or failure in spreading fear and provoking self-inflicted overreactions hinges, in significant part, on how the public understands the actual threat that terrorists pose. DOJ’s and DHS’s Report distorts that threat in ways that run contrary not only to the IQA but also to sound, responsible approaches to counterterrorism.” Although DOJ has acknowledged errors in the 2018 report, officials in the Trump administration refuse to correct the record and continue to the muddy and distort the research.

In fact, most of the suspected terrorists or suspicious foreign nationals are detected abroad and intercepted before they set foot on American soil or when they attempt to enter at a port of entry. Improvements in intelligence gathering and sharing, along with advances in technologies, have greatly enhanced the rigor of visa screening abroad. State Department consular officers use biometric and biographic databases to screen all foreign nationals seeking visas. They also use facial recognition technology to screen applicants against photographs of known and suspected terrorists obtained from the Terrorist Screening Center. Consular officials partner with the National Counterterrorism Center (NCTC) to utilize the Terrorist Identities Datamart Environment on known and suspected terrorists and terrorist groups.

National security screenings do not end with consular visa processing. As I have written, commercial airlines are required to make passenger name record data available to DHS Customs and Border Protection (CBP) up to 72 hours in advance of travel. Biographic traveler data is submitted to the Advance Passenger Information System. Passenger data are forwarded to CBP’s National Targeting Center (NTC), where they once again are vetted against intelligence and law enforcement databases. Finally, CBP inspectors examine and verify U.S. citizens and foreign nationals who seek admission to the United States at all ports of entry, linking with the Terrorist Identities Datamart Environment on known and suspected terrorists and terrorist groups.

With such a rigorous and extensive web of national security screenings conducted on millions of foreign travelers, it is credible that the United States had almost 4,000 “hits” of suspicious individuals, including more than a few false-positive “hits” on people with similar names. What is not credible is the claim that 4,000 known or suspected terrorists attempted to cross the southern border.

The latest reporting on actual statistics presents a sharply different picture than the one drawn by Nielsen and Sanders. Julia Ainsley of NBCreports, “U.S. Customs and Border Protection encountered only six immigrants at ports of entry on the U.S-Mexico border in the first half of fiscal year 2018 whose names were on a federal government list of known or suspected terrorists.” Nick Rasmussen, director of the National Counterterrorism Center from December 2014 through December 2017, characterized the threat of terrorists crossing the southern border as more of a “theoretical vulnerability than an actual one.”

If anything, Trump’s border wall would divert needed resources away from stymieing terrorist travel at land ports of entry. Terrorists are not likely to trek through the desolate lands along the southern border if our ports of entry are overburdened, understaffed and lacking in the latest technologies.

Ruth Ellen Wasem is a clinical professor of policy at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. For more than 25 years, she was a domestic policy specialist at the U.S. Library of Congress’ Congressional Research Service. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration. Follow her on Twitter @rewasem.

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Vladimir Putin must be in “celebration mode” to see all the damage that Trump is inflicting on America and our national security. Who needs an army, spies, missiles, drones, bombs, or any other type of weapons when they have Trump’s daily internal war on America and American institutions.

PWS

01-09-19

MORE PHONY BALONEY FROM LIAR-IN-CHIEF!

https://www.washingtonpost.com/politics/2019/01/09/fact-checking-president-trumps-oval-office-address-immigration/

Salvador Rizzo reports for WashPost:

The first misleading statement in President Trump’s Oval Office address Tuesday night came in the first sentence.

Trump, addressing a national television audience from behind his desk, warned of a “security crisis at the southern border” — even though the number of people caught trying to cross illegally is near 20-year lows.

Another false claim came moments later, when Trump said border agents “encounter thousands of illegal immigrants trying to enter our country” every day, though his administration puts the daily average for 2018 in the hundreds. A few sentences later, he said 90 percent of the heroin in the United States comes across the border with Mexico, ignoring the fact that most of the drugs come through legal entry points and wouldn’t be stopped by the border wall that he is demanding as the centerpiece of his showdown with Democrats.

Over the course of his nine-minute speech, Trump painted a misleading and bleak picture of the situation at the U.S.-Mexico border. He pumped up some numbers, exaggerated the public safety risks of immigration and repeated false claims regarding how to fund a border wall.

The appearance, coming as a partial federal government shutdown resulting from the wall fight enters its third week, underscored the extent to which Trump has relied on false and misleading claims to justify what has long been his signature political issue.

One false claim noticeably absent from the speech was the assertion made by the president and many of his allies in recent days that terrorists are infiltrating the country by way of the southern border. Fact-checkers and TV anchors, including those on Fox News, spent days challenging the truthfulness of the claim.

Below are the truths behind Trump’s claims from the Oval Office address:

“Tonight I am speaking to you because there is a growing humanitarian and security crisis at our southern border.”

By any available measure, there is no new security crisis at the border.

Apprehensions of people trying to cross the southern border peaked most recently at 1.6 million in 2000 and have been in decline since, falling to just under 400,000 in fiscal 2018. The decline is partly because of technology upgrades; tougher penalties in the wake of the 9/11 terrorist attacks; a decline in migration rates from Mexico; and a sharp increase in the number of Border Patrol officers. The fiscal 2018 number was up from just over 300,000 apprehensions at the U.S.-Mexico border for fiscal 2017, the lowest level in more than 45 years.

There are far more cases of travelers overstaying their visas than southern border apprehensions. In fiscal 2017, the Department of Homeland Security reported 606,926 suspected in-country overstays, or twice the number of southern border apprehensions. In fiscal 2016, U.S. officials reported 408,870 southern border apprehensions and 544,676 suspected in-country overstays.


(Kevin Uhrmacher/Washington, D.C.)

While overall numbers of migrants crossing illegally are down, since 2014 more families from El Salvador, Guatemala and Honduras have begun to trek to the United States in search of safer conditions or economic opportunities, creating a humanitarian crisis.

“Record numbers of migrant families are streaming into the United States, overwhelming border agents and leaving holding cells dangerously overcrowded with children, many of whom are falling sick,” The Washington Post reported Jan. 5. “Two Guatemalan children taken into U.S. custody died in December.”

“Every day Customs and Border Patrol agents encounter thousands of illegal immigrants trying to enter our country.”

Southern border apprehensions in fiscal 2018 averaged 30,000 a month (or 1,000 a day). They ticked up in the first two months of fiscal 2019, but it’s a stretch to say “thousands” a day. Better to say “hundreds.”

“America proudly welcomes millions of lawful immigrants who enrich our society and contribute to our nation, but all Americans are hurt by uncontrolled illegal migration. It strains public resources and drives down jobs and wages. Among those hardest hit are African Americans and Hispanic Americans.”

Some context here: In general, economists say illegal immigration tends to affect less-educated and low-skilled American workers the most, which disproportionately encompasses black men and recently arrived, low-educated legal immigrants, including Latinos.

The U.S. Commission on Civil Rights in 2010 found that illegal immigration has tended to depress wages and employment for black men. However, there are other factors at play, and “halting illegal immigration is not a panacea even for the problem of depressed wage rates for low-skilled jobs,” the commission found.

The consensus among economic research studies is that the impact of immigration is primarily a net positive for the U.S. economy and to workers overall, especially over the long term. According to a comprehensive 2016 report by the National Academies of Sciences, Engineering, and Medicine on the economic impacts of the U.S. immigration system, studies on the impact of immigration showed “the seemingly paradoxical result that although larger immigration flows may generate higher rates of unemployment in some sectors, overall, the rate of unemployment for native workers declines.”

“Our southern border is a pipeline for vast quantities of illegal drugs, including meth, heroin, cocaine and fentanyl. Every week, 300 of our citizens are killed by heroin alone, 90 percent of which floods across from our southern border.”

‘There is no crisis’: Three border-town neighbors react to Trump’s wall demand

With a partial wall near their homes, three neighbors in Penitas, Tex., react to President Trump’s call to expand the barrier on the Mexican border.

In 2017, more than 15,000 people died of drug overdoses involving heroin in the United States, according to the Centers for Disease Control and Prevention. That works out to about 300 a week.

But while 90 percent of the heroin sold in the United States comes from Mexico, virtually all of it comes through legal points of entry. “A small percentage of all heroin seized by [Customs and Border Protection] along the land border was between Ports of Entry (POEs),” the Drug Enforcement Administration said in a 2018 report. So Trump’s wall would do little to halt drug trafficking. Trump’s repeated claim that the wall would stop drug trafficking is a Bottomless Pinocchio claim.

“In the last two years, ICE officers made 266,000 arrests of aliens with criminal records, including those charged or convicted of 100,000 assaults, 30,000 sex crimes, and 4,000 violent killings. Over the years, thousands of Americans have been brutally killed by those who illegally entered our country, and thousands more lives will be lost if we don’t act right now.”

Trump warns about dangerous criminals, but the numbers he’s citing involve a mix of serious and nonviolent offenses such as immigration violations. U.S. Immigration and Customs Enforcement reports yearly arrest totals without breaking down the type of offense, which could be anything from homicide to a DUI to illegal entry.

Notice how Trump switches quickly from the 266,000 arrests over two years to charges and convictions: “100,000 assaults, 30,000 sex crimes, and 4,000 violent killings.” In many cases, the people arrested face multiple counts, so that switch gives a confusing picture.

In fiscal 2018, ICE conducted 158,581 administrative arrests for civil immigration violations. The agency’s year-end report says two-thirds (105,140) of those involved people with criminal convictions and one-fifth (32,977) involved people with pending criminal charges. Of the 143,470 administrative arrests in 2017, 74 percent involved people with criminal records and 15.5 percent involved people who had pending charges. But these totals cover all types of offenses — including illegal entry or reentry.

In the fiscal 2018 breakdown, 16 percent of all the charges and convictions were immigration and related offenses.

“Last month, 20,000 migrant children were illegally brought into the United States, a dramatic increase. These children are used as human pawns by vicious coyotes and ruthless gangs.”

No government statistic tracks children smuggled in by bad actors, “coyotes” or drug gangs. What Trump is referring to is CBP’s number for family unit apprehensions, a monthly statistic. The family unit by definition must include at least one parent or legal guardian and one minor. (There’s a separate figure for unaccompanied alien children.)

That number was 25,172 in November, the most recent month for which data are available, but it’s wrong to describe it as a statistic that represents children being smuggled into the country.

Trump describes this as 20,000 children, but it could be many more, considering that some families have multiple children. More important, Trump describes this as children being smuggled in by coyotes or gangs, but border officials screen for false claims of parentage. To imply as Trump does that a child’s mother, father or legal guardian is or hired a smuggler, coyote or gang member in all of these cases is wrong.

“Furthermore, we have asked Congress to close border security loopholes so that illegal immigrant children can be safely and humanely returned back home.”

The Trump administration considers the Flores settlement agreement a loophole. That policy requires the government to release unaccompanied immigrant children who are caught crossing the border within 20 days to family members, foster homes or “least restrictive” settings.

The president also wants to tighten U.S. asylum laws generally and the Trafficking Victims Protection Reauthorization Act, with the goal of restricting some immigrants’ opportunities to file asylum petitions. Trump describes these asylum provisions as “border security loopholes,” but supporters call them core provisions of U.S. laws that cover refugees.

“Finally, as part of an overall approach to border security, law enforcement professionals have requested $5.7 billion for a physical barrier. At the request of Democrats, it will be a steel barrier rather than a concrete wall.”

Trump suggests that Democrats requested a steel barrier rather than a concrete wall, but the proposed switch to steel was an idea the Trump administration brought up. No Democrats are on record demanding a steel barrier along the U.S.-Mexico border.

“This is just common sense. The border wall would very quickly pay for itself. The cost of illegal drugs exceeds $500 billion a year, vastly more than the $5.7 billion we have requested from Congress.”

Trump tweeted a similar claim in March, citing a study from the Center for Immigration Studies, which supports more restrictive immigration policies. Essentially, the claim that the wall pays for itself turns on three numbers: a) estimated savings from each undocumented immigrant blocked by the wall, b) the total number of undocumented immigrants stopped over 10 years and, and c) the cost of the wall.

It’s (a) $75,000 multiplied by (b) 160,000 to 200,000 equals (c) $12 billion to $15 billion. So, if the wall actually costs $25 billion, the number of undocumented immigrants halted by the wall would need to be doubled, or one has to assume it would take 20 years to earn the money back. But other experts offer different estimates for each of those numbers.

Plus, as we’ve previously reported, the wall would do little to stop drugs from entering the United States, since they primarily come in through legal points of entry, making the cost of illegal drugs irrelevant to this issue.

“The wall will also be paid for indirectly by the great new trade deal we have made with Mexico.”

This is a Four Pinocchio claim. During the campaign, Trump more than 200 times promised Mexico would pay for the wall, which the administration says would cost at least $18 billion. Now he says a minor reworking of the North American Free Trade Agreement (NAFTA) will earn enough money for pay for the wall.

This betrays a misunderstanding of economics. Countries do not “lose” money on trade deficits, so there is no money to earn; the size of a trade deficit or surplus can be determined by other factors besides trade. Congress must still appropriate the money, and the trade agreement has not been ratified.

“Senator Chuck Schumer, who you will be hearing from later tonight, has repeatedly supported a physical barrier in the past, along with many other Democrats. They changed their mind only after I was elected president.”

Schumer, Hillary Clinton and many other Democrats voted for the Secure Fence Act of 2006, which authorized building a fence along nearly 700 miles of the border between the United States and Mexico. But the fence they voted for is not as substantial as the wall Trump is proposing. Trump himself has called the 2006 fence a “nothing wall.”

Michelle Ye Hee Lee and Meg Kelly contributed to this report.

(About our rating scale)

 

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Here is a good summary of Trump’s “Bogus, Self-Created Non-Emergency” (a/k/a “Fiddling While Rome Burns”) from the WashPost Editorial staff:

https://www.washingtonpost.com/opinions/here-are-some-real-emergencies-none-of-them-requires-the-president-to-turn-into-a-dictator/2019/01/08/7030a93c-1376-11e9-803c-4ef28312c8b9_story.html

January 8 at 4:44 PM

AS CRISES go, the situation along the southern border is certainly a logistical, humanitarian and managerial challenge. Its urgency is accentuated by laws and infrastructure ill-suited to the current flood of families seeking asylum in the United States. But it is not a national emergency, as President Trump has framed it, any more than numerous other challenges we can think of.

The Border Patrol’s average monthly arrests of undocumented immigrants have plummeted by nearly two-thirds from the administration of President George W. Bush to that of Mr. Trump. There is no evidence that terrorists have crossed the frontier illegally from Mexico, as Mr. Trump likes to say. And a wall of the sort the president covets would do little to deter drugs or criminals, most of which enter the country through legal crossing points.

As a legal matter, it’s unclear whether Mr. Trump has the authority to declare an official emergency as a means of diverting funds that would enable the military to build the wall; certainly, he would be challenged in court if he tried it. What is clear is that, as a policy matter, many crises are equally or more deserving of the attention, money and resolve Mr. Trump has focused on the wall.

Start with the opioid addiction epidemic, which the president did designate a national health emergency in the fall of 2017. Unfortunately, there has been limited follow-up from him or his administration since then. Even with more than 70,000 people dying in 2017 from drug overdoses, federal spending remains at levels far short of what experts say is required to fight addiction effectively.

What about fatal motor vehicle crashes, which, despite impressive progress in recent decades, claimed the lives of more than 37,000 people in 2017? That’s more than 100 deaths on average each day — more than twice the rate at which U.S. soldiers were killed during the Vietnam War’s bloodiest year, 1968. A similar number of people died in the United States as a result of firearms in 2016, about two-thirds of them involving suicide. Any other Western democracy would regard that as a bona fide emergency; Mr. Trump barely mentions it.

An excellent case could be made for declaring an emergency over Russian meddling in U.S. elections, the scale and scope of which is only gradually becoming clear. Climate change is a full-blown emergency whose threat to lives and property is poised to rise exponentially.

The right response to all these emergencies would be for Congress and the president together to shape policy responses — not to deny their existence, as Mr. Trump does with climate change, or use them for political gain, as he does with the border. The one emergency Mr. Trump fears is the threat he faces from his own base should it conclude his border-wall promise was a hoax. Thus has the president perverted the public debate and diverted the United States’ gaze from authentic dangers.

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I could have spent all day posting about Trump’s bogus crisis, lies, etc. But, the above two posts really say about all you really need to know about the real facts about the border and Trump’s dishonest attempt to shift attention away from the real crisis he’s caused: The unnecessary and idiotic shutdown of essential Government functions from which it might take us years to recover, if ever! As pointed out by the Post, Trump’s dishonesty and incompetence undermines efforts to address the real problems faced by our nation. That’s going to take some “competence in government” — a feature completely absent from the Trump Administration which has encouraged and implemented “worst practices” at all levels.

I don’t know how we’re going to be able to recruit the “best and brightest” for our Career Civil Service in the future given the way they have been mistreated by Trump and the GOP.

And, Trump’s “kakistocracy,” is a shocking foretaste of what we’re in for in the future if we don’t get some basic competency, decency, and expertise back into our Government Service — at all levels, starting with the top.

PWS

01-09-19

 

JULIA EDWARDS AINSLEY @ NBC: Trump’s “Border Terrorist” Numbers Are Bogus! — Expect A Barrage Of Lies & White Nationalist Myths In His Scheduled TV Address!

https://www.nbcnews.com/politics/immigration/only-six-immigrants-terrorism-database-stopped-cbp-southern-border-first-n955861

Julia Ainsley

Julia reports:

By Julia Ainsley

U.S. Customs and Border Protection encountered only six immigrants at ports of entry on the U.S-Mexico border in the first half of fiscal year 2018 whose names were on a federal government list of known or suspected terrorists, according to CBP data provided to Congress in May 2018 and obtained by NBC News.

The low number contradicts statements by Trump administration officials, including White House press secretary Sarah Sanders, who said Friday that CBP stopped nearly 4,000 known or suspected terrorists from crossing the southern border in fiscal year 2018.

Secretary of Homeland Security Kirstjen Nielsen told reporters on Monday the exact number, which NBC News is first to report, was classified but that she was working on making it public. The data was the latest set on this topic provided to Congress. It is possible that the data was updated since that time, but not provided to Congress.

Overall, 41 people on the Terrorist Screening Database were encountered at the southern border from Oct. 1, 2017, to March 31, 2018, but 35 of them were U.S. citizens or lawful permanent residents. Six were classified as non-U.S. persons.

On the northern border, CBP stopped 91 people listed in the database, including 41 who were not American citizens or residents.

Border patrol agents, separate from CBP officers, stopped five immigrants from the database between legal ports of entry over the same time period, but it was unclear from the data which ones were stopped at the northern border versus the southern border.

The White House has used the 4,000 figure to make its case for building a wall on the southwest border and for closing the government until Congress funds it. They have also threatened to call a national emergency in order to get over $5 billion in funding for the wall.

The U.S. keeps databases of people it believes may have ties to terrorist networks based on their spending activities, travel patterns, family ties or other activities. It is not a list of people who could be criminally charged under terrorism statutes, and it is possible that someone could be stopped because they have the same name as a person on the list.

Thanks, Julia, for your timely reporting. As most readers probably know, the Washington Post and others recently have exposed what many of us knew all along: The DOJ intentionally used false and misleading numbers to support the racist, xenophobic narratives set forth by Sessions, Nielsen, Homan, and others! And, shamelessly, the DOJ refuses to withdraw its bogus reports!

Once we get real government back again, seems that the DOJ is a prime candidate for a thorough housecleaning! Integrity seems to have disappeared from the DOJ’s mission at all levels!

PWS

01-08-19

AZAM AHMED @ NY TIMES: PERVERSION OF JUSTICE: How Trump Aids Smugglers While Punishing Legitimate Asylum Seekers!

https://www.nytimes.com/2019/01/06/world/americas/mexico-migrants-smugglers.html

Ahmed reports:

REYNOSA, Mexico — As the human smugglers stalk the bus stations, migrant shelters and twisting streets of this Mexican border town, they have no trouble collecting clients like Julian Escobar Moreno.

The Honduran migrant arrived in Reynosa, Mexico, intending to apply for asylum in the United States. But new policies north of the border have instead driven him into the hands of the city’s smuggling cartels, whose business is booming.

“I honestly don’t want to cross illegally, but I don’t really have a choice,” said Mr. Moreno, 37.

The Trump administration, which has partially shut down the federal government in a fight over funding for an enhanced border wall, has adopted a number of strategies over the last two years to deter migrants and persuade them to turn around — or not to come at all.

Its latest effort is a policy that admits only a few asylum seekers a day, if that, at border crossings. As a result of this metering, migrants are now waiting on the Mexican side of the border for weeks and months before they can submit their applications.

In Reynosa and elsewhere, the delays caused by the policy are prompting many migrants to weigh the costs and dangers of a faster option: hiring a smuggler, at an increasingly costly rate, to sneak them into the United States.

In November, the number of migrant families apprehended attempting to cross the border skyrocketed to its highest levels on record, with some of those caught having turned to smugglers at some point in their trip.

“What we have seen is that no one is getting across the border,” said Hector Silva, the director of a center providing services to migrants that sits near the banks of the Rio Grande, which separates Reynosa from McAllen, Tex. “This forces families, with all the desperation they feel, to go illegally.”

The decision to endure a long wait or illegally expedite the journey to the United States is playing out not only in Reynosa, where the crack of gunfire has become a soundtrack of the city, but across the long sweep of the United States-Mexico border, all the way to Tijuana, where a crisis is unfolding as thousands of Central Americans wait their turn to cross the border.

A visit to a Reynosa migrant shelter quickly makes it clear how many are considering the smuggling option.

“I’m scared to go to the border crossing, because they will deport me,” said Maximo Rene Arana Nunez, a Guatemalan who arrived in Reynosa a few days ago and is looking to cross. “I’m stuck here until my family in the United States can save enough money to pay for a smuggler.”

According to those recently deported, migrants who are attempting to cross and local officials, the price that smugglers can command is rising along with the demand for their services.

For those able to afford it, and willing to accept the risk, finding smugglers in Reynosa is easy. The streets seethe with smuggling cartel agents, who openly pitch their services.

The dangers of an illegal crossing are not enough to dissuade migrants. They are fearful, but many feel they have no other recourse. For many, the calculation is predicated on a simple truth: What lies behind them is worse than what may lie ahead.

“I don’t have an option, I can’t be there,” Mr. Moreno said of his native Honduras. “Our government is totally corrupt, and if the Mexicans or Americans deport me, I’m dead.”

Mr. Moreno now works 12-hour shifts on the outskirts of the city, trying to save enough to pay for a smuggler.

For other migrants in the shelter, the equation was not necessarily of life or death, but of exchanging well-known hardship for vaguer hope.

“Look, we know what the situation is in our country,” said Osman Noe Guillén, 28, who reached Reynosa with his partner shortly after their marriage, having treated the ride on the buses up from Honduras as something of a honeymoon. “We don’t know what will happen when we cross.”

Mr. Guillén gripped the hand of his wife, Lilian Marlene Menéndez, and allowed himself a smile. Blind faith and economic need were enough for them. They did not know how grim and dangerous Reynosa was before they arrived, only that it was the closest crossing from Honduras and therefore the cheapest to reach.

Yes, they had heard the angry rhetoric about migrants coming out of the United States, they said, and knew about the deportations and long waits at the border. But they didn’t care.

“Desperation makes you do crazy things,” Mr. Guillén said. “I don’t think anything would stop me. And certainly not a wall.”

The couple, having priced out the next leg of the journey with local smugglers, said they had accepted the risks of continuing. The smugglers, or polleros, are known to kill or strand migrants who falter in their payments, and to extort those who have families that can mortgage homes or drum up more money.

In recent days, the couple was quoted a price of $7,000 apiece just to make it to the banks on the Texas side of the river.

That appears to be on the higher end; many Central Americans recently have been quoted $5,500 to be ferried to reach the other side of the river. Not long ago, $4,000 was the going rate.

Some of the migrants interviewed who were planning to try the smuggling route said they still intended to apply for asylum if and when they made it to the United States.

While the United States’ revised policy toward asylum seekers is primarily aimed at dissuading Central American migrants from making the trip to the border, it is also affecting Mexican policy and the lives of Mexicans in border cities.

The mayor of Reynosa, Maki Esther Ortiz Dominguez, noted that her city, in the state of Tamaulipas, was already one of the most dangerous in Mexico. She said she is worried the situation in Reynosa could grow even worse, as migrants are either preyed upon by criminals or recruited to join their ranks.

“This policy could at any moment detonate a new crime wave here,” Ms. Ortiz Dominguez said.

In the center of the bridge that connects Reynosa with McAllen, the United States Border Patrol this summer constructed a new booth for prescreening people hoping to make it into American territory. At least two officers are on duty in the tiny structure, asking everyone who passes for their documentation.

More recently, Mexican officials have begun acting as a first line of border defense. As people queue up to cross the bridge, Mexican agents are now pulling Central Americans out of the line, demanding their paperwork and detaining them if they have not filled out the proper documentation.

Some have languished for months waiting for family members to send money to pay the fee for the paperwork.

The new approach by Mexican agents at the border was begun under pressure from the United States, said one Mexican official in Reynosa, requesting anonymity because this person was not authorized to discuss the decision publicly.

It was this new approach by the authorities in Mexico that ensnared Mr. Moreno.

Having been run out of Honduras by the notorious 18th Street gang for refusing to work for them, he believed he had a good case for political asylum in the United States and went to the bridge in Reynosa so he could start the application process.

But moments after arriving with his pregnant wife and three children at the foot of the international bridge, he and his family were stopped by Mexican officials and detained.

A few months ago, Mr. Moreno’s lack of proper paperwork would have been ignored by the Mexican authorities, according to local officials and immigration lawyers. But Mr. Moreno was held in a cell for 20 days and his family was placed in a temporary shelter.

The lure of the smugglers in Reynosa is not limited to Central Americans. Mexicans, too, employ their services, although the cost is lower — the prices charged seem to depend on just how bad the situation is in a migrant’s home country.

On a recent day in a migration office in Reynosa, a group of Mexicans sat waiting to be processed after their deportations from the United States.

“For the migration authorities, it is a job,” said Melvin Gómez, 18, who is from the Mexican state of Chiapas. “For Mexicans and Central Americans, immigration is a dream.”

Mr. Gómez had just tried crossing for the fourth time the day before.

“We have something to live for,” he said, “and that keeps us going.”

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Trump, Sessions, & Nielsen have helped empower criminal gangs in the U.S. and the Northern Triangle with their clueless and racist-driven enforcement policies. Now they are handing out similar benefits to smugglers and human traffickers. And, in both instances, the Trumpsters have discouraged those actually trying to help law enforcement and/or comply with the law.

Yes, our immigration system needs changes. But, the only “immigration emergency” right now is that intentionally manufactured by Trump and his gang of White Nationalist incompetents. Don’t let them get away with their fraud, waste, and abuse!

PWS

01-08-19

RUTH ELLEN WASEM @ THE HILL: “Trump’s Wall Would Be A Symbol Of Failure”

https://thehill.com/opinion/immigration/423079-trumps-wall-would-be-a-symbol-of-failure

Ruth writes:

If erected, President Trump’s border wall would be a symbol for America’s failure to implement effective immigration policies. It would be a tombstone marking the abandonment of our values that protect refugees and welcome immigrants. It would be a monument to our neglect to support healthy democracies in our hemisphere.

Most Americans, of course, do not support a border wall. Public opinion polls from December 2018 found that 54 percent to 57 percent of those surveyed did not support building a wall along the U.S.-Mexico border. Most recently, the NPR/PBS/Marist Poll similarly reported that 56 percent of those surveyed thought President Trump should compromise on the border wall.

One only needs to turn to border security experts for reasons not to support a border wall. They note that the United States already has invested over $2 billion to build about 700 miles of fencing and has spent billions of dollars on border surveillance technologies. A 2016 study by the Migration Policy Institute that reviewed research from across the globe found little evidence that border walls stopped unauthorized migration. At best, the such barriers divert, rather than prevent, illegal flows.

It’s difficult to make a case for the border wall since unauthorized migration from Mexico has dropped to historic lows in recent years. The only significant uptick are the well-documented flows of asylum-seekers from Central America. Others more expert than I have warned about the dangers to our hemisphere if we turn our back on the violence and breakdown of civil society in the Northern Triangle. It is irresponsible to abandon Mexico to deal with the Central Americans displaced by the violence. Building Trump’s wall is not an honorable or a credible policy response, and it puts the stability of the whole region at risk.

The good news is that responsible and effective immigration policies do not need to be highly partisan issues. Democrats and Republicans are at an impasse only because President Trump insists that he needs $5 billionfor his border wall. When it comes to immigration reform and border control, there is considerable common ground among Republicans and Democrats.

Reasonable policymakers in both parties long have known that border security resources need to be committed to modernizing our ports of entry (POEs). As RAND border security expert Blas Nunez-Neto has written, “(P)olicymakers could consider investing in improvements to the ability to detect narcotics at ports of entry, the common entry point for the most dangerous drugs.” In addition, national security and commerce require that we upgrade the infrastructure at POEs to be able to handle the flow of people and goods in the 21st century. Neglecting the POEs in pursuit of a border wall is shortsighted and dangerous.

There long has been bipartisan support for increasing the number of immigration judges and asylum officers along the southern border. For example, Sen. Ted Cruz  (R-Texas) and Rep. Henry Cuellar (D-Texas) have supported increasing the number of judges. We would not need to turn a Walmart into a detention center if there were sufficient adjudicators and judges to process credible-fear and asylum cases fairly and expeditiously. Asylum-seekers and other migrants would not be languishing along the border, and children would not be separated from their parents, if we funded adjudicators commensurate with border security.

Finally, for the past two decades, policymakers from both sides of the political aisle have recognized the need to reform legal immigration so that it better conforms to the national interest. Several times during the Bush and Obama administrations, comprehensive immigration reform billsdrafted by a bipartisan group of senators passed the U.S. Senate. Even the “Dreamers” who enjoy broad and bipartisan support have not seen legislation enacted to resolve their immigration status. In other words, there is agreement that immigration policy should be revised to reflect the national interest, but we have not yet reached a consensus on what constitutes the national interest. This, not the wall, is the debate that should engage us.

At the dawn of 2019, it is time to leave failed ideas behind and move immigration reform and control forward.

Ruth Ellen Wasem is a clinical professor of policy at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. For more than 25 years, she was a domestic policy specialist at the U.S. Library of Congress’ Congressional Research Service. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration.

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I agree with Ruth that for $5+ billion we should get some real border security, which certainly should include fairer, more efficient, more humane processing of asylum applicants. That, rather than bogus “Walls” (which wouldn’t be built for years anyway), more expensive, needless, and inhumane detention, and gimmicks like “return to Mexico” and intentional slowdowns in applicant processing is the way to get individuals to apply for asylum at ports of entry.

That being said, I’m sure that border security could include some physical barriers in places where experts think they actually would assist humane, professional border enforcement.

I also think, as Nolan and others have suggested, that some form of “Dreamer Relief” could be part of a compromise border security that could gain bipartisan support.

PWS

01-07-19

NYT: TRUMP’S FAILED “DETERRENCE” STRATEGIES CONTINUE TO THREATEN CHILDREN’S SAFETY AND WELFARE! — Even Some Of Those Charged With Implementing Administration’s Policies Recognize Their Cruelty and Futility — They Just Can’t “Speak Truth” Publicly!

bhttps://www.nytimes.com/2019/01/04/us/mexico-wall-policy-trump.html

Manny Fernandez, Caitlin Dickerson, and Paulina Villegas report for the NY Times:

. . . .

Much of the growing chaos, say many of those who work along the border and in some of the government’s own security agencies, is a result of a failed gamble on the part of the Trump administration that a succession of ever-hharsher border policies would deter the flood of migrants coming from Central America.

It has not, and the failure to spend money on expanding border processing facilities, better transportation and broader networks of cooperation with private charities, they say, has led to the current problems with overcrowding, health threats and uncontrolled releases of migrants in cities along the border.

“It’s the complete, 100 percent focus on harsher options that will deter the influx, with a disregard for managing what’s happening,” said a Department of Homeland Security official who spoke on the condition of anonymity for fear of being fired. “We have a lot more families, a lot more unaccompanied children, and the focus has just been on how can we deter, rather than how can we handle.”

Mr. Trump has made it a priority to end what he calls the practice of “catch and release,” but the policy of holding large numbers of migrants in detention has led to capacity problems. The Obama administration had a policy of releasing migrants who were considered safe and likely to appear in court in order to make room for others who were a higher priority for detention, but the Trump administration has largely eliminated that practice.

The number of detainees at Immigration and Customs Enforcement facilities has reached its highest point ever, according to figures provided by the agency, with an average daily population of 45,200 single adults and family units.

The result is the recent need to release large numbers of migrants, many simply dropped off at bus stations. About 600 migrants were dropped off with no advance planning in El Paso during the last full week in December. Similar releases have happened in recent days and weeks in Arizona and California.

The homeland security official said the administration could have done more to improve the situation and avoid the recent mass drop-offs, such as working more closely with nonprofit groups. “They could have put more resources down there, either monetary or physical,” the official said. “There are things you could do to manage it so that it’s not just, ‘We’re overwhelmed. We’re releasing them.’”

. . . .

Some of those involved in the policymaking said that there was open acknowledgment within the government that the newest policies under development — a plan that would require asylum seekers to wait in Mexico through the duration of their immigration cases, and one to build tent cities along the border to house more families — were either likely to face an immediate court injunction or were so costly that they could not be justified to taxpayers. But the officials said they were under orders from the White House to push forward.

“It’s like, ‘O.K., why are we working on this if it’s just another lawsuit in the making?’” said a second Homeland Security official, who also spoke on the condition of anonymity. “Everybody knows that it’s going to be challenged in the courts and likely struck down. I don’t think the people at the top feel like they have a choice. They just do what they are asked to do.”

The situation has become more tense in recent weeks as ICE authorities, who in the past were careful to coordinate with volunteer shelters when releasing migrants, have instead begun dropping them in large numbers in the streets in Texas, Arizona and California, forcing city officials and charity groups to scramble.

“We’re dealing with the symptoms of the root cause, which is the lack of a rational immigration policy from Washington, and both sides are culpable,” said Dee Margo, the mayor of El Paso.

City officials have been told that the government may soon increase the number of migrants released in El Paso to 500 daily. “That may be a killer, that may be a real challenge for us to be able to deal with,” Mr. Margo said.

The government itself is dealing with some of the most acute problems — housing large numbers of families in border processing centers built to handle single men.

. . . .

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Read the complete article, with accompanying stats and charts, at the link.  Part of the real shame here is that the Government could actually make great strides in dealing with this situation properly and legally.  And it wouldn’t cost anything near the $5 billion the President insists on wasting on his “Wall.”

What’s really needed for improved border security is:

  •  More Asylum Officers;
  • More Immigration Judges and Court personnel;
  • More ICE Assistant Chief Counsel;
  • More port of entry inspectors;
  • Better technology at and between ports or entry and at international airports;
  • Better DHS intelligence capabilities;
  • More anti-smuggling and undercover officers;
  • Better funding for the UNHCR to improve asylum reception and processing in Mexico and other countries surrounding the Northern Triangle;
  • Funding to assist pro bono groups and NGOs in representing, advising, and when appropriate arranging either temporary or permanent resettlement;
  • More honest recognition of the many real refugees and granting them asylum or other protections in a timely and consistent manner so that they can get work authorization and begin contributing to our society;
  • Much better management and leadership at DHS.

I’ll bet that all that could be done for less than $5 billion. And, rather than more controversy, waste, and abuse, we’d see real improvement in both border security and the lives of human beings we are legally obligated to assist and protect.

PWS

01-06-19