FOUR TODDLERS RESCUED BY PRO BONO LAWYERS FROM DEADLY SITUATION IN CBP CUSTODY — Putrid, Unsanitary, Repressive Conditions Causing Lifetime Harm To Other Traumatized Kids — But, Border Patrol Chief Carla Provost Wants You To Know That She’s Not Taking Responsibility For The Humanitarian Disaster Intentionally Engineered On Her Watch!

https://www.huffpost.com/entry/four-severely-ill-migrant-babies-hospitalized-after-lawyers-visited-border-patrol-facility_n_5d0d3bbce4b07ae90d9cfe4f

Angelina Chapin
Angelina Chapin
HuffPost

Angelina Chapin reports for HuffPost:

Four toddlers were so severely ill and neglected at a U.S. Border Patrol facility in McAllen, Texas, that lawyers forced the government to hospitalize them last week.

The children, all under age 3 with teenage mothers or guardians, were feverish, coughing, vomiting and had diarrhea, immigration attorneys told HuffPost on Friday. Some of the toddlers and infants were refusing to eat or drink. One 2-year-old’s eyes were rolled back in her head, and she was “completely unresponsive” and limp, according to Toby Gialluca, a Florida-based attorney.

She described seeing terror in the children’s eyes.

“It’s just a cold, fearful look that you should never see in a child of that age,” Gialluca said. “You look at them and you think, ‘What have you seen?’”

Another mother at the same facility had a premature baby, who was “listless” and wrapped in a dirty towel, as HuffPost previously reported.

The lawyers feared that if they had not shown up at the facility, the sick kids would have received zero medical attention and potentially died. The Trump administration has come under fire for its treatment ― and its alleged neglect ― of migrants who have been crossing the southern border in record numbers. The result is overcrowded facilities, slow medical care and in some instances, deaths.

Immigration authorities say they’re overwhelmed; activists say they’re not trying hard enough.

“It’s intentional disregard for the well-being of children,” Gialluca said. “The guards continue to dehumanize these people and treat them worse than we would treat animals.”

U.S. Customs and Border Protection declined to respond to HuffPost’s request for comment.

The Associated Press reported this week that children in border facilities don’t have adequate access to food, water, soap or showers. On Tuesday, a Justice Department attorney argued in court that the government should not have to provide detained children with soap, toothbrushes or beds.

The AP report is based on interviews a group of lawyers conducted with hundreds of children in three Texas-based Border Patrol stations last week as part of the Flores settlement ― an agreement that outlines conditions for detained children. The lawyers say children are also being held in these facilities for longer than the 72-hour limit the settlement specifies, and in some cases up to three weeks.

Lawyers are particularly concerned about the spread of illness inside Border Patrol facilities, which can sometimes turn fatal. Five children have died in Border Patrol custody since December, some of whom were initially diagnosed with a common cold or the flu. The processing center in McAllen, known as Ursula, recently quarantined three dozen migrants who were sick after a 16-year-old died of the flu at the same facility.

Children and their parents told lawyers that in some cases they didn’t have any access to medical treatment in Border Patrol facilities despite being visibly ill. Gialluca spoke with one 16-year-old mother whose toddler had the flu, but was told by a guard the child “wasn’t sick enough to see a doctor.” She said others also reported being denied medical attention despite having critically sick babies.

Medical experts say that because children have less developed immune and respiratory systems, their symptoms can escalate quickly if they aren’t properly treated.

Dr. Julie Linton, the co-chair of the American Academy of Pediatrics, previously told HuffPost that children can’t recover from illnesses in Border Patrol facilities. These centers are described as “hieleras” ― Spanish for iceboxes ― because of their freezing temperatures, and migrants describe sleeping on floors under bright lights that shine 24/7, with nothing but Mylar blankets to keep warm.

Gialluca met one 16-year-old mother whose 8-month-old baby was sick with the flu and forced to sleep outside for four days at the McAllen Border Patrol station. The mother said the guards took the clothing off the baby’s back, leaving her in a diaper, and forced them to sleep on concrete without a blanket.

A sick 2-year-old girl was shivering in a T-shirt and had shallow breathing, according to Mike Fassio, a Seattle-based immigration attorney who visited Ursula.

“I was very, very concerned,” he said, adding lawyers spoke with immigrants in a room outside of the facility. “When she left us, I knew she was going back to a place that was cold, crowded and unsanitary.” Fassio noted that guards referred to the children as “bodies.”

Some children were so exhausted they fell asleep during the interviews, said Clara Long, a senior researcher at Human Rights Watch who spoke with kids at a facility in Clint, Texas. Long met a 3-year-old boy who was dirty with matted hair and was being taken care of by his 11-year-old brother. She said that more than 10 sick children were being quarantined in cells.

While the group of roughly eight lawyers and interpreters at Ursula were supposed to be interviewing children about conditions in the facilities, they also ended up asking guards and government officials to bring kids to the hospital because they were so worried about their state. Gialluca added that she and her colleagues interviewed only a small portion of migrants in the facility, which is the largest processing center in the U.S. and can hold up to 1,000 people. She believes the number of migrants in need of hospitalization is likely much higher.

Government officials have blamed horrific conditions at detention facilities on the fact that Congress has not yet passed an emergency funding package that would include almost $3 billion to help care for unaccompanied migrant children. But Gialluca says border officials shouldn’t need more resources to treat immigrants like human beings.

“Money isn’t keeping guards from allowing people to access toilets,” she said. “Money isn’t causing guards to take clothing and medicine away from children.”

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

Nicole Goodkind
Nicole Goodkind
Political Reporter, Newsweek

Here’s Another report from Nicole Goodkind at Newsweek on the “malicious incompetence” and intentional misallocation of resources by Trump and his DHS sycophants that is willfully endangering kids’ lives as part of a cheap White Nationalist political stunt:

8-YEAR-OLD MIGRANTS BEING FORCED TO CARE FOR TODDLERS IN DETENTION CAMPS

 

A team of lawyers conducted 60 interviews with migrant children being held in an El Paso, Texas, detention camp and found conditions to be dismal.

Fifteen of those in the holding center had the flu and 10 more are quarantined with illness, according to the lawyers, who first gave the data to the Associated Press. Three infants are being detained alongside their teenage mothers, and many children are under the age of 12.

“A Border Patrol agent came in our room with a 2-year-old boy and asked us, ‘Who wants to take care of this little boy?’ Another girl said she would take care of him, but she lost interest after a few hours and so I started taking care of him yesterday,” one teenaged girl told the lawyers in an interview. The boy was not wearing a diaper and his shirt was covered in mucus, she said.

Law professor Warren Binford, who aided in the interviews, said she witnessed an 8-year-old girl caring for a 4-year-old child who was very dirty, the girl was unable to get the boy to take a shower. She also described the children she interviewed as sleep-deprived, often falling asleep while speaking with her.

“In my 22 years of doing visits with children in detention, I have never heard of this level of inhumanity,” said Holly Cooper, co-director of the University of California, Davis’ Immigration Law Clinic, to the AP.

The lawyers were inspecting the facility as part of the Flores agreement, which resulted from a landmark 1985 case that established that facilities where minor migrants are held must be kept “safe and sanitary.”

A representative of the Trump administration, the Justice Department’s Sarah Fabian, argued Tuesday that safe and sanitary conditions don’t necessarily have to include toothbrushes, soap or towels for children.

Nicole Goodkind is a political reporter at Newsweek. You can reach her on Twitter @NicoleGoodkind or by email, N.Goodkind@newsweek.com.

TRUMP ADMINISTRATION PLANS MAJOR ICE RAIDS FOR SUNDAY
U.S. immigration authorities plan to raid Miami, Houston, Chicago and Los Angeles and other cities. They intend to arrest up to 2,000 families, three U.S. officials with knowledge of the plans told The Washington Post. The orders reportedly come directly from President Donald Trump.

On Monday, the president tweeted: “Next week ICE will begin the process of removing the millions of illegal aliens who have illicitly found their way into the United States. They will be removed as fast as they come in.”

Officials told The Washington Post that the Department of Homeland Security agency plans to hold families in hotel rooms until they are deported. Acting DHS Secretary Kevin McAleenan is allegedly targeting families that have completely dropped out of the court process, but has warned that the operation could lead to further cases of families being separated.

Los Angeles Police Department Chief Michel Moore confirmed the raids on Friday, saying that about 140 families in southern California will be targeted in pre-dawn raids early next week. The chief also made clear that the raids are done on a federal level and that the police department will not be involved.

On Thursday, Carla Provost, chief of the United States Border Patrol argued that the Department of Homeland Security was not receiving enough money to properly care for migrants on the southern border, and that was leading to terrible conditions in detention centers. On Wednesday, the Senate Appropriations Committee agreed to $4.6 billion in emergency funds for what the Trump administration has referred to as a “border crisis.”

Texas Congressman Joaquin Castro questioned how the agency could afford mass raids while asking for more money Friday. “The Trump Administration says it needs more money (supplemental bill) for the situation at the border yet they may be starting massive immigration raids next week. So how do you have the money for that if you’re running out of money ICE?” he tweeted.

“These potential raids are a disgusting political ploy to stoke fear and rile up Trump’s base for 2020,” wrote Sandra Cordero, Director of Families Belong Together, an immigration advocacy group, in a statement. “Past raids have left children alone and afraid in empty homes, praying they won’t be left to care for younger siblings by themselves, with no idea if they’ll see their parents again. This is yet another flagrant disregard for the welfare of children on behalf of a cruel administration bent on fomenting fear and creating chaos.”

 

 

 

 

 

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

Come on, Carla, cut the BS and butt covering. The “mix” of arrivals at the Southern Border began to shift to refugee families from the Northern Triangle back in the summer of 2014. So, CBP and DHS have had five years to prepare for this “change” which is actually “old news.” 

More “old news” is the increased flow of asylum seekers with kids which began back before Thanksgiving. Plenty of time for CBP and DHS to bring back retired asylum officers and adjudicators and reassign other adjudicative personnel to the border to insure prompt, orderly, safe, and efficient processing of asylum applicants at ports of entry, thus eliminating the incentive (or necessity) for folks to turn themselves in after crossing the border between ports.

Also, plenty of time to work with NGOs, pro bono groups, states, and communities to insure representation and proper placement of family groups in various locations throughout the country without panic or “dumping.” 

Another bogus claim spread by Trump, Provost, and the rest of the sycophants: that the prevalence of kids among new asylum arrivals is somehow totally a response to the Flores settlement (which actually has been in effect for decades).

Undoubtedly, with the Trump Administration’s active assistance, unscrupulous smugglers and coyotes are encouraging some folks to bring children as the only way to have a shot at fair processing under the tilted U.S. asylum system promoted by Trump. Indeed, as I have observed before, the Trump Administrations has consistently been a “best friend” to gangs, smugglers, traffickers, cartels, and druggies seeking to “jack up” profits by further exploiting the human misery caused by the Trump Administration’s “maliciously incompetent “ approach to immigration, effective law enforcement, and humanity generally. https://apple.news/AFQw_eqcHSZCYxUznmP0wpQ

Undoubtedly, some of these unscrupulous individuals are telling families to travel with kids. But, the truth is that according to the UNHCR, over one-half of today’s refugees are children. https://www.unhcr.org/children-49c3646c1e8.html.

So, the prevalence of children among new arrivals should properly been seen as part of a sad worldwide trend that Trump and his cronies disgustingly have done everything possible to encourage, exploit, and aggravate. It most certainly is not primarily caused by the Flores settlement or by giving soap, toothbrushes, blankets, or medical care to children being abused in the “DHS Gulag” administered in part by disingenuous folks like Provost.

Any honest observer of what’s going on knows that the majority of the asylum applications that passed credible fear probably could have been granted (or given protection under the Convention Against Torture — “CAT”) by the Asylum Office without even going to Immigration Court under the proper generous interpretation of our asylum laws, an honest interpretation of CAT that reflects the true conditions in the Northern Triangle, and a very “doable” change in procedures. 

Only dishonest fools in the Trump Administration (and a few from the Obama Administration) would maintain that gender isn’t a social group subject to widespread persecution in the Northern Triangle, deny that gangs have assumed the role of quasi-governmental entities thus making most of the harm they inflict on resisters “political persecution,” and make the beyond ludicrous claim that the corrupt failed states of the Northern Triangle have either the ability or much real interest in protecting those subject to persecution.

And, Carla, why aren’t you out there today registering a public protest of the waste of time and funds in ICE going after families with ridiculously inappropriate “raids” when every  resource could and should be focused instead on providing humanitarian assistance to asylum seekers arriving at the Southern Border?

This racist-inspired  “Sunday Morning Reign of Terror” directed at U.S. ethnic communities is specifically designed to return helpless families to the very dangerous countries from which they originally fled! Thus, Trump and his phony DHS are intentionally feeding “fresh meat” to gangs and cartels and insuring that the cycle of northward migration, no matter how dangerous, will continue until everyone who needs to leave its either gone or dead (the latter apparently the “solution” favored by Provost, Trump, Morgan, McAleenan, Miller, and others).

Provost, McAleenan, Morgan, and their co-conspirators are all participants in a cynical scheme to intentionally “crash” the asylum system, rather than competently administering it. They are intentionally endangering the lives of children and other vulnerable asylum seekers, many entitled to legal protections, to promote, along with GOP restrictionists, totally bogus, dishonest, and completely unnecessary and unwarranted restrictions of the precious, life-saving right of refugees to seek asylum in the U.S. 

It’s an unbelievably dishonest and cowardly scheme, and a complete breach of both oaths of office and public trust. It might be that those who long ago abandoned American values will lap up this insult to human values and human dignity.

But, there are plenty of us out here who know and understand exactly what you are doing. We will not only resist it, but will be historical witnesses to your cruel, inhuman, and unlawful schemes and gimmicks to “abuse and kill the innocent.” And, we’ll be keeping count.

PWS

06-22-19

DON’S KILLER DEAL: Salvadoran Teenage Girl First Casualty Of Trump’s “Make ‘Em Die In Mexico” Deal — As Investigation Continues, One Thing Is Clear: This Is Just The First Of Many Deaths & Human Tragedies That Will Result From Trump’s “Malicious Incompetence” & Unwillingness To Comply With Asylum Laws!

https://www.nytimes.com/2019/06/21/world/americas/mexico-migrant-death.html?smid=nytcore-ios-share

Kirk Semple
Kirk Semple
Reporter, NY Times
Paulina Villegas
Paulina Villegas
Reporter, NY Times

MEXICO CITY — The Mexican authorities are investigating the death of a teenage migrant from El Salvador who was shot and killed after the truck she was in ran a government checkpoint.

Witnesses have told investigators in the state of Veracruz, where the shooting happened last Friday, that a truck carrying the 19-year-old woman and other migrants bound for the United States border passed through a government checkpoint and that people wearing police uniforms gave chase in a police car and shot at the truck, said Jorge Winckler Ortiz, the attorney general of Veracruz.

Two other migrants in the truck were wounded in the shooting, officials said.

The incident occurred amid a Mexican government deployment of security forces to assert greater control of migration toward the United States, part of a dealthat President Andrés Manuel López Obrador struck with President Trump earlier this month to fend off a threat of tariffs.

The possibility that the Mexican police may have killed the teenager has reaffirmed the fears of migrants’ advocates and human rights experts, who worry that the security forces, being rushed into migration control, are ill-prepared for the task.

THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

Trump’s ‘Remain in Mexico’ Policy Can Continue, the Ninth Circuit Rules

Lawfare: On May 7, the Ninth Circuit stayed an injunction against the Trump administration’s “Remain in Mexico” policy. That policy, officially called the Migrant Protection Protocols (MPP), requires the return of certain migrants to Mexico pending a full immigration court hearing.

 

More Immigrants Are Giving Up Court Fights and Leaving the U.S.

Marshall Project: Last year, voluntary departure applications reached a seven-year high of 29,818 applications. In the Atlanta court, which hears cases of Irwin detainees like Zamarrón, the applications grew nearly seven times from 2016 to 2018.

 

De Blasio Defends Expanded Cooperation With ICE For ‘Serious Crimes’

Gothamist: Under a local law, the police and jails will already cooperate with ICE if they’ve detained someone convicted of any these 170 violent crimes. De Blasio said it’s appropriate to add seven more to that list because of state legislation since the 2014 law went into effect.

 

ICE announces program to allow local law enforcement to make immigration arrests

The Hill: Immigration and Customs Enforcement (ICE) on Monday announced a new program that would allow local law enforcement officers to start arresting and temporarily detaining immigrants on behalf of the agency, even if established local policies prevent them from doing so.

 

U.S. asylum screeners to take more confrontational approach as Trump aims to turn more migrants away at the border

WaPo: The Trump administration has sent new guidelines to asylum officers, directing them to take a more skeptical and confrontational approach during interviews with migrants seeking refuge in the United States. It is the latest measure aimed at tightening the nation’s legal “loopholes” that Homeland Security officials blame for a spike in border crossings.

 

HUD Says Its Proposed Limit on Public Housing Aid Could Displace 55,000 Children

NYT: Thousands of legal residents and citizens, including 55,000 children who are in the country legally, could be displaced under a proposed rule intended to prevent undocumented immigrants from receiving federal housing assistance, according to the Department of Housing and Urban Development.

 

Pentagon Shifts $1.5 Billion to Border Wall From Afghan War Budget and Other Military Projects

NYT: The acting defense secretary, Patrick Shanahan, notified Congress on Friday that he intended to shift $1.5 billion that had been designated for the war in Afghanistan and other projects to help pay for work on President Trump’s border wall. See also Shanahan says military won’t leave until border is secure.

 

White House launches new uphill bid to overhaul immigration

AP: Though similar efforts have failed to garner anywhere near the support necessary, Trump hopefully invited a dozen Republican senators to the White House to preview the plan, which was spearheaded by senior adviser and presidential son-in-law Jared Kushner. See also White House may include mandatory E-Verify in immigration proposal.

 

Fact-checking the Trump administration’s immigration fact sheet

WaPo: The five-page document, released this month, attempts to debunk 18 claims about immigration to the United States. In some cases, it seems more as though EOIR officials are misusing the fact-checking format to make a point about issues that no one is mischaracterizing.  See also  HRF Notice of Rejection of EOIR Factsheet (attached).

 

Trump administration makes a mockery of asylum system

The Hill: The Trump administration has been contemptuous of refugees and asylum seekers from its earliest days. In recent weeks, as White House adviser Stephen Miller has reportedly exerted greater influence in the White House, we have witnessed a dismantling of protections our country has held dear for decades.

 

Border detention cells in Texas are so overcrowded that U.S. is using aircraft to move migrants

WaPo: Overcrowding at Border Patrol stations in South Texas has become so acute in recent days that U.S. authorities have taken the rare step of using aircraft to relocate migrants to other areas of the border simply to begin processing them, according to three Homeland Security officials. See also Inside Texas’ New Migrant Tent Facility.

 

Pediatrician Who Treated Immigrant Children Describes Pattern of Lapses in Medical Care in Shelters

ProPublica: How prepared is the Trump administration for an influx of unaccompanied minors at the border? A new complaint shows shelters in New Jersey were already failing to respond when kids got hurt or sick.

 

Feds in Southern Arizona turn attention to family fraud at border

Tuscon: Last week, the Border Patrol’s Yuma Sector reported more than 700 fraudulent family claims since October. Homeland Security Investigations sent a team of special agents to Yuma in late April to investigate those claims. See also ICE Reallocates Resources to Investigate Use of Fraudulent Documents at Southwest Border.

 

Who Killed Claudia Gomez?

Marie Claire: A year ago this month, a 20-year-old Guatemalan woman seeking opportunity in the U.S. was shot dead by a Border Patrol agent in Texas. A video of the killing went viral on Facebook and spurred a media outcry, yet neither the agent’s name nor why he opened fire has ever been made public. In the first of our series on women and migration, we ask, will her family ever get justice?

 

How Has Immigration Changed in the Last 100 Years?

AIC: 21st century immigrants tend to be more educated, have a more diverse range of skills, and know more English than those in previous generations.

 

Federal Court Stops USCIS Policy Harmful to Students and Exchange Visitors

AIC: The policy could radically changed how the agency determines when a foreign student or exchange visitor is “unlawfully present” in the United States.

 

She Stopped to Help Migrants on a Texas Highway. Moments Later, She Was Arrested.

NYT: As the Trump administration moves on multiple fronts to shut down illegal border crossings, it has also stepped up punitive measures targeting private citizens who provide compassionate help to migrants — “good Samaritan” aid that is often intended to save lives along a border that runs through hundreds of miles of remote terrain that can be brutally unforgiving.

 

Democrats ask federal watchdog to examine ‘unprecedented’ immigration backlog

WaPo: More than 80 Democratic members of Congress have asked the Government Accountability Office to conduct an investigation into the “record-breaking” backlog of immigration cases pending under the Trump administration.

 

Mayor de Blasio Unveils NYC Care Card, Details Progress Toward Launch of Guaranteed Health Care

NYC: When NYC Care launches in the Bronx on August 1, residents will be able to use their NYC Care Card to receive their own doctor, get preventative screenings and tests, and connect to a 24/7 service to help make appointments. An estimated 300,000 New Yorkers are currently ineligible for health insurance, including people who can’t afford insurance and undocumented immigrants, and will be able to enroll in NYC Care.

 

Trump taps Mark Morgan, former Obama official who supports border wall, to head ICE

WaPo: At DHS, Morgan is viewed as a capable and hard-charging law enforcement official, but he was widely resented during his Border Patrol tenure by the agency’s senior officials and union chief Brandon Judd.

 

LITIGATION/CASELAW/RULES/MEMOS

 

As Trump continues to push deportations, a fight over data goes to court

LA Times: The class-action lawsuit, which represents broad categories of people who have been or will be subjected to detainers, alleges the databases that agents consult are so badly flawed by incomplete and inaccurate information that ICE officers should not be allowed to rely on them as the sole basis for keeping someone in custody.

 

Post Acosta BIA Decision (attached)

Listservs: The government argued that, because the client’s convictions were on appeal pursuant to a late filed notice of appeal – that per Acosta we needed to rebut the finality presumption by providing evidence that the client’s appeal related to the merits or a ‘substantive defect’ in the proceedings. We provided an affidavit from the criminal appeal attorney stating that she “expected to challenge the client’s case on the merits”. At the BIA, we argued that a NY late-filed notice of appeal is essentially a direct appeal because under NY Criminal Procedure – it becomes a direct appeal once it is granted. We also argued that even if it wasn’t a direct appeal, we had rebutted the presumption of finality with our affidavit from the criminal appeal attorney. The BIA punted on the first issue and decided that the presumption of finality had been rebutted sufficiently in this case.

 

Court rules immigrants can be deported for marijuana crime

AP:  A federal appeals court has ruled that California’s legalization of marijuana doesn’t protect immigrants from deportation if they were convicted of pot crimes before voters approved the new law in 2016.

 

Justice Department’s Four-Year Effort To Strip Citizenship From Kansas Man Flops In Federal Court

Intercept:  In a 17-page order, U.S. District Judge Carlos Murguia of the District of Kansas wrote that the federal government failed to meet the high burden of proof required to strip citizenship. “The overriding issue with plaintiff’s case is a lack of reliable, clear, unequivocal, and convincing evidence about what happened during defendant’s immigration-related interviews and what information was material to the interviewers,” Murguia wrote.

 

Presidential Proclamation 9880 Extending Proclamation 9822 for 90 Days

President Trump issued a proclamation extending the suspension and limitation from Proclamation 9822 for an additional 90 days, which would begin running if the injunction against the interim final rule at 83 FR 55934 were to be lifted. (84 FR 21229, 5/13/19) AILA Doc. No. 19051300

 

USCIS Notice on Continuation of Documentation for Beneficiaries of TPS Designations for Nepal and Honduras

USCIS notice that DHS will not terminate TPS for Honduras or Nepal pending final disposition of the appeal in Ramos v. Nielsen. The notice further announces that DHS is extending the validity of TPS-related documentation for Nepalese TPS beneficiaries through 3/24/20. (84 FR 20647, 5/10/19) AILA Doc. No. 19051033

 

DHS Final Rule Exempting “Criminal History and Immigration Verification” System of Records from Privacy Act

DHS final rule exempting portions of the “DHS/ICE–007 Criminal History and Immigration Verification (CHIVe)” System of Records from one or more provisions of the Privacy Act. The final rule is effective 5/9/19. (84 FR 20240, 5/9/19) AILA Doc. No. 19051034

 

HUD Proposed Rule on Verification of Immigration Status of Recipients of Public Housing Assistance

Department of Housing and Urban Development (HUD) proposed rule which would require the verification of the eligible immigration status of all recipients of assistance under HUD’s public housing programs who are under the age of 62. Comments are due 7/9/19. (84 FR 20589, 5/10/19) AILA Doc. No. 19051030

 

USCIS Updates Policy Manual Guidance Regarding Services USCIS Provides to the Public

USCIS issued PA-2019-03, updating policy guidance in the USCIS Policy Manual regarding services USCIS provides to the public, including general administration of certain immigration benefits, online tools, and up-to-date information. Guidance is effective immediately and comments are due by 5/24/19. AILA Doc. No. 19051031

 

EOIR 60-Day Notice and Request for Comments on Form EOIR-26

EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. Comments are due 7/8/19. (84 FR 19960, 5/7/19) AILA Doc. No. 19050730

 

DOS Final Rule on Requests for Waivers of Inadmissibility

DOS final rule modifying the non-statutory requirement for consular officers to refer §212(d)(3)(A)(i) waiver requests to the Department of State for consideration based on an applicant’s request by limiting the requirement to certain specified circumstances. Effective 5/6/19. (84 FR 19712, 5/6/19) AILA Doc. No. 19050601

 

USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form N-648

USCIS 60-day notice and request for comments on proposed revisions to Form N-648, Medical Certification for Disability Exceptions. Comments are due 6/25/19. (84 FR 17870, 4/26/19) AILA Doc. No. 19050632

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, May 13, 2019

Sunday, May 12, 2019

Saturday, May 11, 2019

Friday, May 10, 2019

Thursday, May 9, 2019

Wednesday, May 8, 2019

Tuesday, May 7, 2019

Monday, May 6, 2019

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There is plenty of stuff about our evil, immoral, scofflaw Administration in this edition of Elizabeth’s report that ought to make us sick to our collective stomachs.

I strongly recommend that you read my choice for “Article of the Week” — “Trump Administration makes a mockery of our asylum system” in The Hill, written by my friends Anna Gallagher and Victoria Nielson of CLINIC.  Here’s an excerpt:

For an administration that claims to believe in the rule of law, it has shown little interest in following domestic and international asylum law. If Border Patrol agents are willing to slam the door on asylum seekers, where asylum officers would not, the administration may win political points with its base. In the end, the United States loses, as our executive branch simply stops following laws it doesn’t like. As the number of displaced persons around the world rises to its highest levels since World War II, if the United States finds ways to sidestep its obligations under international law, other countries will do the same. With each new affront to our moral obligations as a nation, the “lamp beside the golden door” held high by the Statue of Liberty fades towards darkness.

Anna Gallagher is the executive director of the Catholic Legal Immigration Network, Inc.

Victoria Neilson is managing attorney in CLINIC’s Defending Vulnerable Populations Program.

PWS

05-16-19

THE ASYLUMIST WEIGHS IN ON EOIR’S “FACT SHEET:” “Sometimes, myths and facts get mixed up, especially in the Trump Administration, which has redacted human rights reports to show that countries are safe, buried other reports that don’t say what they like, and claimed that asylum lawyers are making up cases to get their clients across the border. It’s all in the grand tradition of the merchants of doubt, men and women who know better, but who obfuscate the truth–about tobacco, global warming, vaccines, whatever–to achieve a political goal (or make a buck). Why shouldn’t EOIR join in the fun?”

http://www.asylumist.com/2019/05/15/the-myths-and-facts-that-eoir-does-not-want-you-to-see/

Earlier this month, the Executive Office for Immigration Review (“EOIR”)–the office that oversees our nation’s Immigration Courts–issued a Myths vs. Facts sheet, to explain that migrants are bad people and that most of them lose their asylum cases anyway.

I am always suspicious of “myths vs. facts” pronouncements, and to me, this one from EOIR seems particularly propaganda-esque (apparently the Washington Post Fact Checker thinks so too, as they gave the document two Pinocchios, meaning “significant omissions and/or exaggerations”). In terms of why EOIR created this document, one commentator has theorized that the current agency leadership is tired of answering the same questions and justifying its actions, and so they created a consolidated document that could be used whenever questions from the public or Congress come up.

EOIR has released a new “Myths vs. Facts” brochure.

This is a plausible enough explanation, but I wanted to know more. Lucky, I have a super-secret source inside EOIR itself. I met up with my source in a deserted parking garage, where he/she/it/they (I am not at liberty to say which) handed me a sealed envelope containing an additional sheet of myths and facts. These myths and facts didn’t make it into EOIR’s final draft. But now, for the first time, in an Asylumist exclusive, you can read the myths and facts that EOIR did not want you to see. Here we go:

Myth: Aliens who appear by video teleconferencing (“VTC”) equipment get just as much due process as anyone else. Maybe more.
Fact: The video camera makes aliens who appear by VTC look 20% darker than their actual skin tone (the skill level of EOIR’s make-up crew leaves something to be desired). Since dark people are viewed as less credible and more dangerous, this increases the odds of a deportation order. Another benefit of VTC is that  Immigration Judges (“IJ”) can turn down the volume every time an applicant starts to cry or says something the IJ doesn’t want to hear. This also makes it easier to deny relief. Fun fact: Newer model VTC machines come with a laugh track, which makes listening to boring sob stories a lot more pleasurable.

Myth: Immigration Judges don’t mind production quotas. In fact, most IJs keep wall charts, where they post a little gold star every time they complete a case. At the end of the month, the IJ with the most stars gets an ice cream.
Fact: While some IJs relish being treated as pieceworkers in a nineteenth century garment factory, others do not. Frankly, they shouldn’t complain. EOIR recently commissioned a study, which found that a trained monkey could stamp “denied” on an asylum application just as well as a judge, and monkeys work 30% faster. Even for human judges, EOIR has determined that it really shouldn’t take more than 10 minutes to glance at an asylum case and write up a deportation order. At that rate, an IJ can deny six cases an hour, 48 cases per day, and 12,480 cases per year. Given these numbers, even IJs who insist on some modicum of due process should easily complete 700 cases per year (as required by the new production quota). And they better. Otherwise, it’s good bye homo sapien, hello pan troglodyte.

Myth: Aliens who participate in Legal Orientation Programs (“LOP”) spend an average of 30 additional days in detention, have longer case lengths, and add over $100 million in detention costs to DHS.
Fact: Knowing your rights is dangerous. It might cause you to exercise them. And people who exercise their rights are harder to deport. EOIR is working on a new LOP, which will teach aliens how to properly respond to a Notice to Appear (“Guilty, your honor!”), how to seek asylum (“I feel totally safe in my country!”), how to seek relief (“I don’t need any relief – please send me home post haste!”), and how to appeal (“Your Honor, I waive my appeal!”). EOIR estimates that aliens who follow this new ROP will help reduce detention time and save DHS millions. The new ROP will help Immigration Judges as well. It’s a lot easier to adjudicate an asylum case where the alien indicates that she is not afraid to return home. And faster adjudications means IJs can more easily meet their production quotas – so it’s a win-win!

Myth: EOIR Director James McHenry got his job based on merit. He has significant prior management experience, and he is well-qualified to lead an agency with almost 3,000 employees and a half-billion dollar budget.
Fact: James McHenry’s main supervisory experience prior to becoming EOIR Director comes from an 11th-grade gig stage-managing “The Tempest,” by William Shakespeare. In a prescient review, his school paper called the show “a triumph of the Will.” More recently, Mr. McHenry served as an attorney for DHS/ICE in Atlanta, and for a few months, as an Administrative Law Judge for the Office of the Chief Administrative Hearing Officer. In those positions, he gained valuable management experience by supervising a shared secretary and a couple of interns. When asked for a comment about her boss’s management skills, Mr. McHenry’s former intern smiled politely, and slowly backed out of the room.

Myth: In the EOIR Myths vs. Facts, the myths are myths and the facts are facts. That’s because the Trump Administration is always honest and credible when it comes to immigration.
Fact: [Sounds of screeching metal and explosions]. Uh oh, I think we just broke the myths and facts machine…

So perhaps all is not as it seems. Sometimes, myths and facts get mixed up, especially in the Trump Administration, which has redacted human rights reports to show that countries are safe, buried other reports that don’t say what they like, and claimed that asylum lawyers are making up cases to get their clients across the border. It’s all in the grand tradition of the merchants of doubt, men and women who know better, but who obfuscate the truth–about tobacco, global warming, vaccines, whatever–to achieve a political goal (or make a buck). Why shouldn’t EOIR join in the fun? But to return to our friend William Shakespeare, I have little doubt that, eventually, the truth will out. The question is, how much damage will we do to migrants and to ourselves in the meantime?

**************************************
Jason is absolutely correct. Truth eventually will win out.
But, some have already died or been irreparably harmed, and other migrants will be needlessly sacrificed on the alter of nativist White Nationalism before this corrupt Administration eventually is removed.
We have already diminished ourselves as a nation. Will we ever recover? Will those responsible at EOIR, DOJ, DHS, Congress, the Article III Courts, and elsewhere ever be held fully accountable for their lies and corrupt roles in trashing human rights and our Constitution?
PWS
05-17-19

PROFESSOR FITZ BRUNDAGE @ WASHPOST: Can We Regain Our Humanitarian Values In The Age Of Trump? — “We must shine a spotlight on cruel and illegal policies that undermine our national ideals and find the wisdom and the courage to do better.”

https://www.washingtonpost.com/outlook/2019/05/03/can-united-states-retain-its-humanity-even-crisis

Brundage writes in WashPost:

Fitz Brundage is the William B. Umstead professor of history at UNC-Chapel Hill and the author of “Civilizing Torture,” which was a finalist for the 2019 Pulitzer Prize in History.

May 3

Does it violate human rights to hold children in fenced enclosures in grim facilities that are bone-chillingly cold for weeks on end? Is separating children from their parents a form of cruel and unusual punishment? When does a crisis justify the kind of treatment normally seen as inhumane?

The furious debate over migrant detention along the nation’s southwest border with Mexico has put these questions front and center in American politics. But they’re not new. The treatment of people on the margins of American life — criminals, immigrants, civilians in overseas war zones — has always proven a challenge to our democratic ideals.

Yet beginning in the 1920s, activists waged a half-century-long struggle to persuade the Supreme Court to stop abusive practices by authorities. After World War II, the United States also committed itself to the promotion of international human rights. These two signal developments have been seriously eroded, first by the excesses of the war on terrorism and now by the Trump administration’s targeting of the unwelcome and powerless, whether they are undocumented immigrants in the United States or asylum seekers. We have returned to a pattern of willful ignorance, one that allows us to avoid grappling with deeply immoral policies.

Threats to our safety, perceived or real, have long justified the kind of “tougher policies” that President Trump has demanded for the southern border. He may not be well versed in history, but the president is joining a long line of elected officials who found that rights and basic norms are easily jettisoned when they collide with demands for greater security. Across our history, from the Indian wars to the war on terrorism, officials were quick to call for “tougher policies” and slow to fill in the details. In 1901, President Theodore Roosevelt ordered military commanders in the Philippines to adopt “the most stern measures” to punish Filipino guerrillas; in a subsequent campaign the Marines followed orders and left a trail of devastation and death across the island of Samar. But such methods were justified as a “military necessity.”

Roosevelt rationalized the brutal treatment of alleged guerrillas by citing the need to stanch the threat to security. This kind of evasive language has repeatedly prevented us from coming to terms with acts of cruelty carried out in the name of national security. We’re seeing that pattern again.

What precisely did Trump officials mean when they announced “a tougher direction” for immigration? They certainly imply more than just the proposals for new fees and regulations reducing the numbers of asylum seekers. Are the American people ready to confront the reality of harsh security measures? Or will we retreat into euphemisms such as a “hardened” border and “zero tolerance” for migrants that covers up the reality of what is actually happening on the border?

We are deciding day by day whether to extend the basic protections of law and civilization to the people arriving on our border. For much of the nation’s history, the prohibition on cruelty and torture in American law rested on the premise that the fundamental decency of Americans, especially empathy for fellow citizens, would make such violations unthinkable.

But our capacity to empathize begins to fray at the margins, and we grow less certain about who, exactly, deserves protection. Those deemed undeserving, unwelcome or powerless — Native Americans, the enslaved, prison inmates and criminal suspects — have commonly suffered forms of violence and abuse that violated our national principles. Some people are inside the protection of the law, and some are cast out from it.

In fact, we’ve already seen this pattern. Accusations of cruelty and torture by ICE and CBP agents have been circulating for years, and they follow this well-worn pattern. Official denials are followed by investigations that almost always find limited violations by “a few bad apples,” not the kind of systemic abuse that would call our broader policies into question.

This pattern has long historical roots: When investigations of police brutality in Washington during the 1930s revealed widespread use of abusive interrogation methods, the police superintendent, whose predecessors had dismissed similar allegations for decades, only grudgingly conceded that a few officers may have gone too far in their resolve to protect the public.

Focusing on bad apples has long allowed us to excuse morally bankrupt policies. We need to realize that human rights abuses on the southern border aren’t spurred by immoral actors in ICE or CBP, but rather because of a political leadership that can’t or won’t come up with humane immigration policies.

Congress needs to do its job and exercise scrupulous oversight of Trump’s immigration policies. But the real solution to our border crisis is to demand that all elected officials, from local sheriffs to senators, responsibly address immigration and human rights. Trump declared that he wants immigration to be a key campaign issue in 2020. His opponents should accept that challenge. We must shine a spotlight on cruel and illegal policies that undermine our national ideals and find the wisdom and the courage to do better.

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

Join the New Due Process Army today and fight for human rights, the rule of law, accountability for Government scofflaws, and a return to basic human decency! Fight for a better future for ALL Americans!

PWS
05-07-19

U.W. LAW PROFESSOR ERIN BARBATO & THE U.W. LAW IMMIGRANT JUSTICE CLINIC FIGHT FOR DUE PROCESS IN THE BADGER STATE & AT THE SOUTHERN BORDER!

https://madison.com/ct/news/local/neighborhoods/uw-immigrant-justice-clinic-work-affected-by-changing-asylum-policies/article_be4f9f1b-315a-5012-8812-ff679362e30d.html

Lisa Speckhard Pasque writes in the Madison Capital Times:

Erin Barbato is the director of the Immigrant Justice Clinic at the University of Wisconsin-Madison Law School.
In October 2018, law professor Erin Barbato and her students represented a Cuban man in a political asylum case.

He was “beaten, detained (and) threatened with disappearance by the Cuban authorities twice,” said Barbato, director of the Immigrant Justice Clinic at the University of Wisconsin-Madison Law School. He fled when his wife was eight months pregnant because he was accused of a crime he didn’t commit and knew he didn’t have any other options. He traveled to South America and walked all the way to the border.

He was granted asylum.

Barbato and her students want to help with even more cases like this, but due to shifting asylum policies at the border, they haven’t been able to, Barbato said. She’s also seen firsthand how these changes have limited access to justice and due process for asylum seekers.

“These policies are really affecting the work I do, and the way we teach and the way that we can serve,” she said.

Arriving undocumented immigrants used to present themselves at the southern border and tell a customs and border patrol officer they’d like to apply for asylum, Barbato said. They needed to then pass a “credible fear” interview, giving the reasons they believed they would qualify for asylum.

Those who passed the interview could be released on bond or transported to detention centers throughout the U.S., like Dodge Correctional Institution in Waupun, to await their court hearing.

That’s where Barbato and her students found them. They regularly represented clients from Dodge seeking asylum like the Cuban man. It’s a great chance for students to learn and participate in a humanitarian effort, Barbato said.

After the Cuban man was granted asylum, the judge said he would allow IJC to defend asylum cases in Chicago via telephonic appearance, which would let IJC take more cases.

“I think it’s easier for (the judge) when the individual seeking asylum is represented and the government’s represented,” Barbato said. “And so we left there and we’re like, ‘Wow, maybe we can do more.’”

So when they went back to Dodge a few weeks after that successful case, they prepared to take two asylum cases. But there weren’t any asylum seekers at Dodge, which was “really curious,” Barbato said.

And there haven’t been any since, Barbato said. That’s because many asylum seekers aren’t being allowed into the U.S. after passing a credible fear interview. Instead, even after passing the interview, they have to wait in Mexico for their court hearing, she said.

SCOFFLAWS STUFFED AGAIN: U.S. Judge Finds Trump’s “Remain In Mexico” Program Illegal – Orders Halt! – Malicious Incompetence, Illegal Gimmicks Thwarted – We Need A Government That Follows The Laws!

https://www.washingtonpost.com/immigration/federal-judge-blocks-trump-administration-program-forcing-asylum-seekers-to-remain-in-mexico-while-awaiting-court-hearings/2019/04/08/68e96048-5a42-11e9-a00e-050dc7b82693_story.html?utm_term=.137c9c2e12a3

April 8 at 5:46 PM

A federal judge on Monday blocked an experimental Trump administration policy that requires asylum seekers to wait in Mexico while their cases make their way through the immigration court system, a major blow to President Trump as border crossings have surged to their highest point in more than a decade.

U.S. District Court Judge Richard Seeborg in San Francisco enjoined the Migrant Protection Protocols policy days after outgoing Homeland Security Secretary Kirstjen Nielsen pledged to expand the program. The policy began in January.

Trump has justified blocking asylum seekers from entering the United States by claiming that many asylum seekers are trying to carry out a scam — that they are coached to file false asylum claims knowing that they will be released into the country because of a lack of detention bed space. The administration had hoped to keep more asylum seekers in Mexico — and off U.S. soil — while they await court hearings on their claims.

Migrants who reach U.S. soil — including areas that are outside U.S. border barriers but inside U.S. territory — have the legal right to seek asylum. They generally are either held in detention facilities to await rulings in their cases or are released into the United States.

The policy had been one idea to stem the flow of migrants into the country, but Seeborg said his order ending the policy will take effect at 5 p.m. on April 12. Within two days, he said, the 11 migrants named in the lawsuit must be allowed to enter the United States, and the administration may not implement or expand the program.

The American Civil Liberties Union, one of the groups that filed the lawsuit, hailed the ruling as a “very important decision” on an “unpredecented” attempt to block asylum seekers from setting foot on U.S. soil.

“What it will mean is that nobody else can be sent to Mexico,” said Judy Rabinovitz, an ACLU lawyer. “They can’t enforce this policy.”

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

As I had predicted!

PWS

04-08-19

FORMER ACTING ICE DIRECTOR JOHN SANDWEG TELLS CNN TRUMP’S MINDLESS PROPOSAL TO ELIMINATE U.S. IMMIGRATION JUDGES AND ABOLISH ASYLUM LAW IS “THE SINGLE DUMBEST IDEA I’VE EVER HEARD” – And, That’s Saying Something Given Some Of Trump’s Other Insane Threats, Lies, and Hoaxes!

https://apple.news/AWKeqCVDGSce8oOk8NklD4A

Ex-ICE head: Trump had ‘single dumbest idea I’ve ever heard’

Former Acting Director of US Immigration and Customs Enforcement John Sandweg says President Trump’s suggestion to eliminate immigration judges is “the single dumbest idea I’ve ever heard” in terms of dealing with border crossings.

MOLLY HENNESSEY-FISKE @ LA TIMES: As DHS Disintegrates Under Trump, Volunteers Pick Up The Pieces & Save Lives!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=c0589a9f-92f8-4e10-98e2-b19dd6e8d7ee

By Molly Hennessy-Fiske

McALLEN, Texas — Federal immigration officials dropped the first group of several dozen asylum seekers — all Central American parents with children — at the downtown bus station early in the day.

They dropped more throughout the day, all of them Spanish speakers in need of food, medicine and guidance from volunteers.

Jose Manuel Velasquez, 24, cradled his squirming 3-year-old-daughter, Sofia, as volunteer Susan Law advised him how to reach Oklahoma City, where he hoped to join his cousin. He was one of thousands of asylum seekers trying to leave the border region this week to reach friends, family and immigration court hearings in other parts of the country.

Ahead of President Trump’s Friday visit to California,volunteers along the border helped hundreds of asylum seekers who had been released from U.S. custody. Cities are pitching in, but helping the migrants has mainly fallen to volunteers whose resources were already at a breaking point from responding to a slew of new immigration policies.

On Thursday in McAllen, the U.S. released 700 migrants to crowded nonprofit shelters and dropped others at the bus station. Some arrived at the station with confirmation numbers to claim tickets paid for by relatives. Many arrived confused.

Law, a volunteer with the group Angry Tias and Abuelas of the Rio Grande Valley, said the constant arrivals this week made volunteers’ work “more overwhelming.”

The 73-year-old, a retired human resources director for Texas RioGrande Legal Aid, sat with one parent after another Thursday. She explained each step of their bus trip, highlighting connections on a stack of maps.

She reviewed their paperwork, reminded them to keep their addresses updated and attend immigration court, and shared lists of free legal services at their destinations.

Many eastbound buses arriving in McAllen on Thursday were already packed with those released in El Paso and San Antonio. The wait time for migrants released to shelters to make it onto a bus has stretched to two days, according to Eli Fernandez, a volunteer at a nonprofit shelter.

Migrant advocates have suggested that recent mass releases at the border were intended to create chaos and give Trump something to point to when he argues that there is a national emergency.

Border Patrol officials have said their resources were strained by people crossing into the U.S. and asking for asylum. The officials have asked for millions more in funding to run temporary holding areas in Texas’ Rio Grande Valley.

A Federal Emergency Management Agency team arrived in the valley this week, meant to support Border Patrol operations and nongovernmental groups, a FEMA spokeswoman said. But many volunteers said they hadn’t been contacted by the agency.

Trump policies blocking asylum seekers led volunteers to found Angry Tias and Abuelas about a year ago, after U.S. officials blocked asylum seekers at a border bridge south of McAllen. They brought food and supplies to the bridge and kept helping migrant families once Border Patrol started separating them. As immigrant parents were released, the volunteers shifted to the bus station to assist Catholic Charities, which runs a nearby shelter.

Most volunteers in Angry Tias and Abuelas are local, some are winter Texans, and others out-of-state visitors.

Luis Guerrero, a retired firefighter, remembers a 4-year-old Salvadoran girl explaining why she and her parents had to flee to the U.S.: Armed men had broken into their house and demanded money. “If you stay here,” Guerrero told the couple, “make sure your daughter gets therapy.”

Many of the migrants are from poor, rural areas and need the most basic help, volunteers said.

A young Honduran mother paid attention Thursday as Law traced the route she would follow to join her sister, a legal resident who migrated years ago and settled in Memphis, Tenn. Olga Lara had brought her 3-year-old, Alva, but left her 13-year-old daughter, Lilia, in Honduras with Lara’s mother.

Lara, 29, said she hoped to learn to read, as her sister had, in the U.S. She doesn’t know how to spell her name. She has never attended school, she said, because her family couldn’t afford it.

Law ensured the woman was traveling with another migrant who could read, write and look out for her. Law also warned Lara and other female migrants about the risk of trafficking, advising them to stay in main bus terminals and avoid anyone who might try to persuade them to leave.

Lara tucked her ticket into her bra and her paperwork into a bag next to Alva’s Elmo doll. She was wearing a donated puffy jacket and sneakers that were stripped of shoelaces while she was in Border Patrol detention. Law ran to grab her some of the laces she keeps stashed at the bus station. Lara threaded them through her shoes and thanked the volunteer.

On Thursday, good Samaritans from local churches dropped by with books, toys and hot breakfast tacos for the migrants. But there were not enough tacos to go around. A van from the nearby shelter was delayed when it ran out of gas. A few families boarded buses without eating.

Volunteer Roland Garcia, a former U.S. Marine, loaned his cellphone to a single Salvadoran mother of three, a domestic violence victim, so she could contact family in Houston and book her bus ticket.

“If we could just get more volunteers to help these people,” he said. “To them, everything is new. Some of them don’t even know how to work the Coke machine.”

Garcia, 60, who used to be a truck driver, started volunteering after he ducked into the bus station a few months ago to wait during a delivery and saw the crowds. He had been diagnosed with stage 4 pancreatic cancer and felt the need to do something meaningful. He’s already recruited other volunteers.

His friend Rafael Mendoza said volunteers counter misinformation some asylum-seeking families receive from staff in Border Patrol facilities: “You’re wasting your time, you’re going to lose your case, you’re not welcome here.”

“Our own agents are telling them that,” said Mendoza, 59. “It’s very discouraging.”

The Catholic Charities shelter was packed Thursday, even after opening a second site when the Border Patrol started releasing large groups of families two weeks ago. The shelter’s halls were full of parents with small children who had not bathed in days while being held in chilly Border Patrol cells, where they said they caught colds.

Honduran Eulogio Erazo Varela said his 3-year-old daughter developed a fever while they were held for almost a week, first in a Border Patrol cell — what migrants call a hielera, or icebox — then behind a chain-link fence in a converted warehouse.

He was relieved to meet volunteers at the bus station Thursday. He said they treated him kindly as he prepared to catch a bus to Memphis — unlike Border Patrol agents, he said, who didn’t provide much treatment or help.

Many of the volunteers, including Law, had caught the migrants’ colds. But they were determined to keep helping. Law has driven a few migrants whose families could afford tickets to the airport, and hoped to recruit more volunteer escorts to help them navigate air travel in coming weeks.

Law recalled a migrant mother she met Wednesday, confused by her bus itinerary until the volunteer walked her through it in Spanish. Afterward, the woman said she would have been lost without Law’s help.

“That’s what keeps me going,” Law said.

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

Ironically, government by the worst among us (“kakistocracy”) is bringing out the best in many others. Along with the efforts of the “New Due Process Army,” it’s certainly reason to hope for a better future for America and for mankind!

PWS

04-07-19

 

TRUMP’S MALICIOUS INCOMPETENCE IS THE REAL “SOUTHERN BORDER CRISIS” — AND, A GENUINE HUMAN TRAGEDY — The Legal Tools To Address The Crisis In The Northern Triangle Causing A Refugee Flow Exist; This Administration Stubbornly Refuses To Use Them!

TRUMP’S MALICIOUS INCOMPETENCE IS THE REAL “SOUTHERN BORDER CRISIS” — AND, A GENUINE HUMAN TRAGEDY — The Legal Tools To Address The Crisis In The Northern Triangle Causing A Refugee Flow Exist; This Administration Stubbornly Refuses To Use Them!

By Paul Wickham Schmidt

United States Immigration Judges (Retired)

In short, families are coming to ports of entry and crossing the border to turn themselves in to be screened for credible fear and apply for asylum under our existing laws. That’s not a “border crisis;” it’s a humanitarian tragedy. It won’t be solved by more law enforcement or harsher measures; we’re actually quite fortunate that folks still believe in the system enough to voluntarily subject themselves to it.

Most don’t present any particular “danger” to the U.S. They are just trying to apply for legal protection under our laws. That’s something that has been denied them abroad because we don’t have a refugee program for the Northern Triangle. This Administration actually eliminated the already inadequate one we had under Obama.

Certainly, we have enough intelligence to know that these flows were coming. They aren’t secret. There was plenty of time to plan.

What could and should have been done is to increase the number of Asylum Officers and POE Inspectors by hiring retired Asylum Officers, Inspectors, adjudicators, and temps from the NGO sector who worked in the refugee field, but no longer have anything to do overseas since this Administration has basically dismantled the overseas refugee program.

A more competent DOJ could also have developed a corps of retired Immigration Judges (and perhaps other types of retired judges who could do bond setting and other functions common to many judicial systems) who already “know the ropes” and could have volunteered to go to the border and other places with overloads.

Also, working closely with and coordinating with the NGOs and the pro bono bar would have helped the credible fear process to go faster, be fairer, the Immigration Courts to function more fairly and efficiently, and would have screened out some of the “non viable” cases.

For some, staying in Mexico is probably a better and safer option, but folks don’t understand. Pro bono counsel can, and do, explain that.

By treating it as a humanitarian tragedy, which it is, rather than a “fake law enforcement crisis,” the Administration could have united the private sector, border states, communities, and Congress in supporting the effort; instead they sowed division, opposition, and unnecessary litigation. I’m actually sure that most of the teams of brilliant “Big Law” lawyers helping “Our Gang of Retired Judges” and other to file amicus briefs pro bono would just as soon be working on helping individuals through the system.

A timely, orderly, and fair system for screening, adjudicating, and recognizing refugee rights under our existing laws would have allowed the Administration to channel arrivals to various ports of entry.

I think that the result of such a system would have been that most families would have passed credible fear and the majority of those would have been granted asylum, withholding, or CAT.

Certainly, others think the result would have been mostly rejections (But, I note even in the “Trump Era” merits approval rates for Northern Triangle countries are in the 18-23% range — by no means an insignificant success rate). But, assuming “the rejectionists” are right, then they have the “timely rejection deterrent” that they so desire without stomping on anyone’s rights. (Although my experience over decades has been that rejections, detention, prosecutions, and harsh rhetoric are ineffective as deterrents).

No matter who is right about the ultimate results of fair asylum adjudication, under my system the Border Patrol could go back to their job of tracking down smugglers, drug traffickers, criminals, and the few suspected terrorists who seek to cross the border. While this might not satisfy anyone’s political agenda, it would be an effective and efficient use of law enforcement resources and sound administration of migrant protection and immigration laws. That’s certainly not what’s happening now.

PWS

04-06-19

RUTH ELLEN WASEM @ THE HILL: There Are Better Options At The Border – This Administration Refuses To Use Them!

https://thehill.com/opinion/immigration/436725-to-solve-the-us-crisis-at-the-border-look-to-its-cause

Ruth writes:

When a problem is misdiagnosed, it is no surprise that it gets worse. The current “crisis at the border” is real, but one that results from flawed policy analysis and inappropriate policy responses.

The Department of Homeland Security (DHS) officials overseeing Customs and Border Protection (CBP) project that they will have over 100,000 migrants in their custody for the month of March, the highest monthly total since 2008. CBP reported that over 1,000 migrants reached El Paso on one day alone last week. As many border security experts have noted, these numbers are not unprecedented. Border apprehensions of all irregular migrants (including asylum seekers) remain lower than the peak of 1.6 million in fiscal year 2000.

Making matters worse, DHS uses dated policy tools that were crafted in response to young men attempting to enter the United States to work. The threat of detention was considered a deterrent for economic migrants. At that time, they most often were from Mexico and thus could just be turned around at the border because they came from a contiguous country.

Today, the migrants are families with children from the northern triangle countries. Rather than being pulled by the dream of better jobs, these families are being pushed by the breakdown of civil society in their home countries. As the Pew Research Center reports, El Salvador had the world’s highest murder rate (82.8 homicides per 10,000 people) in 2016, followed by Honduras (at a rate of 56.5). Guatemala was 10th (at 27.3). Many of them have compelling stories that likely meet the “credible fear” threshold in the Immigration and Nationality Act.

It is abundantly clear that policies aimed at deterring single men are inappropriate and that CBP is unequipped to deal with families seeking asylum. Journalist Dara Lind maintains that these policy inadequacies have contributed to death of multiple children in DHS custody. Former DHS Secretary Jeh Johnson recently stated that the Trump administration strategy at the border is not working because it does not address the underlying factors.

Meissner replied: “Because people are uncertain about what’s going to happen. They see the policies changing every several months. They hear from the smugglers that help them, and from the communities in the United States that they know about, that the circumstances are continually hardening. And so with the push factors that exist in Central America — lots of violence, lots of gang activity — they’re trying to get here as soon as they can.”

Fortunately, the United States has an array of policy options that would more effectively respond to the surge of families seeking asylum from Central America than the erratic and ill-conceived policies of the Trump administration.

Aid to Central America to stimulate economic growth, improve security and foster governance is a critical policy response to address the factors propelling migrants. Congress appropriated $627 million for these purposes, but reportedly the distribution of the funds is stalled because President Trump wants to cut the aid countries because they failed to stop the flight of their people. This is another misguided policy reaction — if these countries would crack down on people trying to leave, it would escalate people’s panic to flee.

As is often said, the most important step is to beef up the asylum corps in DHS’s Citizenship and Immigration Services and to fully staff the immigration judges in the Department of Justice’s Executive Office for Immigration Review. This action would enable expeditious processing of asylum claims in a fair and judicious manner — key to reversing the bottleneck of asylum seekers at the border.

Current law enables asylum seekers arriving without immigration documents to have a credible fear hearing and be released from detention pending their court dates. Those who establish that they have well-founded fear of returning home would be permitted to stay in the United States and those who do not would be deported. If DHS implemented our asylum laws to the fullest effect, it would increase the likelihood that migrants understood our laws.

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Absolutely, Ruth! Basically what others and I who have spent years working in and studying this system have been saying all along.

The current law provides the necessary tools for addressing the only real border crisis:  the humanitarian tragedy. But, this Administration has neither the competence nor the interest to address that problem in a constructive, effective, and humane manner.  It wouldn’t fit their bogus White Nationalist false narratives and agenda.

That’s why we need “regime change” in 2020.  Until then, we’ll have to rely on private groups, some states, and the New Due Process Army to keep the country functioning until we get better, wiser, and more competent leaders.

PWS

04-05-19

 

TRUMP’S LATEST ATTACK ON AMERICA, DUE PROCESS, & OUR CONSTITUTON! – Let’s Get Rid Of Judges!

https://apple.news/AIKJMMrCQT0-3ex8Gf1TDyA

CBS News reports:

President Trump reiterated a threat to close the U.S.-Mexico border after a meeting at the White House on Tuesday, saying he stands ready to take drastic action if the country doesn’t do more to curb illegal immigration. He also railed against the U.S. immigration system and said he wants to “get rid” of immigration judges who hear migrants’ cases.

“Security is more important to me than trade,” Mr. Trump said when asked about the severe economic impact of closing the border. “We’ll have a strong border or we’ll have a closed border.”

The president spoke after meeting in the Oval Office with Jens Stoltenberg, the secretary general of the North Atlantic Treaty Organization (NATO).

Last week, Mr. Trump tweeted threats to close the border if Mexico doesn’t do more to cooperate with the U.S. and slow the flow of migrants. But the commander-in-chief appeared to shift that timeline Tuesday, saying Mexico is assisting the U.S. more than it was even a few days ago. The president said he’s still “totally prepared” to close the border if necessary.

Along with a list of frustrations over immigration, however, Mr. Trump included immigration judges. U.S. immigration court backlogs are at all-time highs, with not enough judges to adjudicate the cases. That problem was exacerbated by the government shutdown earlier this year.

“We need to get rid of chain migration, we need to get rid of catch and release and visa lottery, and we have to do something about asylum. And to be honest with you, have to get rid of judges,” Mr. Trump said in his laundry list of frustrations with the U.S. immigration system.

Mr. Trump also walked back his insistence that the Republican Party will imminently introduce a new health care plan. Overnight, the president tweeted he would wait to hold a vote on his yet-to-be-envisioned health care plan until after the 2020 election. On Tuesday, the president said he will bring forth a plan “at the appropriate time.”

“We don’t have the House,” Mr. Trump said about the delay, which came after he said the Republican Party will become the “party of health care.”

Republicans failed to repeal and replace Obamacare in the two years they held the House and Senate.

Stoltenberg’s visit came as Mr. Trump tries to decrease the U.S. footprint abroad with his “America First” foreign policy. Mr. Trump has urged other NATO nations to increase their defense spending to agreed-upon levels, a stance many see as positive, but on Tuesday the president said defense spending will need to go higher than 2 percent. Currently NATO members agree to spend at least 2 percent of GDP on defense, but Mr. Trump, in a meeting alongside the secretary general, said that figure “may have to go up.”

Meanwhile, Mr. Trump’s close relationships with North Korean leader Kim Jong Un and Russian President Vladimir Putin while criticizing U.S. allies has made some ally NATO nations distance themselves from the U.S. Last year, for instance, German Chancellor Angela Merkel said Germany can’t rely “on the superpower of the U.S.” any longer to bring order to the world.

Before he became president, Mr. Trump declared NATO “obsolete.” He later revised that statement, saying he no longer believes that to be the case.

“I said it was obsolete. It’s no longer obsolete,” Mr. Trump declared during Stoltenberg’s visit in 2017.

When NATO was founded in 1949, there were 12 ally nations. Now there are 29. Last month, Mr. Trump suggested perhaps Brazil could be a part of NATO, though Brazil is largely in the southern hemisphere.

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

Trump simply doesn’t care about the Constitution or Due Process of law (except where he, his family, and their corrupt cronies are involved). Migrants seeking to apply for legal protections under our laws aren’t a security problem; Trump is! And, the idea that closing the border wouldn’t cause both an economic catastrophe and threaten our security just shows what an absurdist presidency Trump has foisted on the majority of Americans who did not want him in office in the first place.

PWS

04-02-19

TED HESSON @ POLITICO: What’s REALLY Happening At The Border — Not Surprisingly, It Bears Little Resemblance To Trump’s Largely False & Contrived “Panic Narratives” — Rep. Veronica Escobar (D-TX) Says: “In my community when these families are released, the community … scrambles and works hard to create hospitality centers, to feed these people, to help get them to their final destination. If we can do it with a fraction of the resources and power of the federal government, surely DHS can find a better solution.”

https://politi.co/2FtPtru

Ted Hesson, Immigration, Pro — Staff mugshots photographed Feb. 20, 2018. (M. Scott Mahaskey/Politico)

Ted Hesson reports for Politico:

The border crisis that President Donald Trump used to justify declaring a national emergency was never real, but a different crisis at the border is now starting to escalate as immigration officials hold hundreds of parents and children in makeshift facilities, including a parking lot.

During a press conference in El Paso, Texas, Customs and Border Protection Commissioner Kevin McAleenan argued Wednesday that a surge of incoming Central American migrants has pushed the U.S. immigration system to a “breaking point” and that all available resources should be devoted to manage it.

Rep. Veronica Escobar (D-Texas), a freshman lawmaker who represents El Paso, fumed Thursday over the border situation — which she also described as a crisis — during an interview after leaving the House floor.

“They knew that the numbers would increase,” she said. “Why were they not planning?”

Here’s what’s really happening now at the border:

The president’s frequent claims that unprecedented numbers of undocumented migrants are streaming into the country remain untrue. (Twice as many came during the 1990s and early 2000s.) And President Trump’s caricature of border-crossers as violent criminals is still belied by study after study showing that immigrants in general, and undocumented immigrants in particular, commit fewer crimes than the native-born.

“We have a capacity crisis, if you want to think of it that way,” Rep. David Schweikert (R-Ariz.) told POLITICO. “We don’t have capacity to deal with the populations that they’re getting at the border right now.”

Border Patrol anticipates that it will apprehend more than 55,000 family members in March, by far the highest monthly total since such record-keeping began in fiscal year 2012. The warmer spring and summer months ahead will likely bring even higher numbers.

The adult men from Mexico who a decade ago constituted most border migrants were able to be returned more swiftly, often simply by walking them across the border. While they were detained, the men required comparatively little in the way of social or medical services.

Furthermore, a 2008 federal law and related bilateral agreement allowed the U.S. to repatriate Mexican unaccompanied minors rapidly. The law, called the Trafficking Victims Protection Reauthorization Act, does not similarly authorize quick deportation for children from Central America.

By contrast, the greater volume of children among the new Central American migrants imposes on immigration agencies a need for more psychologists, nutritionists, educators and a host of others. Border officials contend that with the rise in families and children, more migrants have health issues than in the past.

Federal court orders in recent years have limited to 20 days the time children can be kept in detention, which means border agents often must release families into the interior. Such releases speed up processing, but demoralize agents and may encourage more migration, McAleenan argued.

The current migratory flow is also different because of the greater proportion of asylum applications at the border in recent years. Central American families arriving at the border frequently seek such refuge, which puts them into an immigration process that can take years to resolve.

The Trump administration argues that the asylum claims largely lack merit, but immigration court statistics don’t back that up. Roughly 25 percent of defensive asylum applications were approved by an immigration judge in fiscal year 2017, with 41 percent denied and 34 percent resolved in another manner, such as a withdrawn application.

Still, immigration hard-liners contend that lax asylum laws have been a magnet for Central Americans.

Mark Krikorian, director of the restrictionist Center for Immigration Studies, compared the current influx at the border to Europe’s migratory surge in 2015.

“We are seeing an Angela Merkel-style disaster on the border caused by loopholes in our laws that the Democrats refuse to even consider changing,” he said.

Democrats and advocates argue that the Trump administration’s response has exacerbated problems at the border.

Administration officials have known for months — arguably years — that more migrant families could trek to the United States, yet they appear to have been caught flat-footed.

During McAleenan’s press conference in El Paso Wednesday, reporters observed hundreds of parents and children held in a parking lot converted into a makeshift detention center.

“That’s their solution? That’s not a solution,” Escobar said. “In my community when these families are released, the community … scrambles and works hard to create hospitality centers, to feed these people, to help get them to their final destination. If we can do it with a fraction of the resources and power of the federal government, surely DHS can find a better solution.”

“They’ve been acting and responding in the same way over the last five years despite the change in the migration pattern,” she said.

The spending package approved by Congress in February included $192 million to construct a large processing center for migrant families in El Paso. The facility will house multiple agencies that deal with families in one building, but will take six months to a year to become functional, according to Escobar.

In the meantime, the Texas Democrat argues that if Trump truly deems immigration a national emergency, he should work harder to house and care for incoming migrants, perhaps with Federal Emergency Management Agency trailers or Red Cross assistance.

Under a January 2017 Trump executive order, federal immigration officials remain tasked with arresting and detaining as many migrants as possible, without a system of prioritization. Advocates contend the enforcement push has sapped resources that could be used to address the care and custody of newly arrived migrant families.

“They just detain any grandpa or mom that they find in the interior and they don’t prioritize who they should be putting in detention,” said Kerri Talbot, a director with the Washington, D.C.-based Immigration Hub. “They don’t need any more money, they need a new strategy.”

Under its “zero tolerance” strategy, the Trump administration sought to prosecute all suspect border crossers for illegal entry. Children couldn’t travel with their parents to criminal detention facilities, so they were reclassified as “unaccompanied” and transferred to the custody of the Health and Human Services Department. Thousands of families were split apart from April until June, only to see Trump reverse the policy and a federal judge order families reunited.

The administration also has sought to keep asylum-seeking migrants in Mexico for longer periods of time.

Using a practice known as “metering,” border officials have forced families to wait in Mexico, only accepting a certain number of asylum applicants at ports of entry each day.

“They’re afraid of waiting in Mexico until they can get in at the port,” said Theresa Cardinal Brown, director of immigration and cross-border policy at the Bipartisan Policy Center. “They’re balancing that against their desire to do it legally. And I definitely think its emboldening the smugglers to go to those who are waiting.”

McAleenan acknowledged during a December Senate committee hearing that metering could lead to an increase in the number of people attempting to cross the border illegally, saying it’s “certainly a concern.”

Still, the Trump administration has moved forward with a separate policy to keep asylum seekers in Mexico for extended periods of time.

The administration’s “remain in Mexico” policy — announced in late December and now implemented in several areas along the border — forces certain non-Mexican asylum seekers to wait in Mexico during the duration of an asylum case.

At the same time, the administration has moved slowly to disperse funding to address root causes of migration in El Salvador, Guatemala and Honduras.

POLITICO reported this week that hundreds of millions in aid dollars remain stalled at the White House budget office as aides wonder how seriously to take Trump’s threats to cut the funding.

“Mexico is doing NOTHING to help stop the flow of illegal immigrants to our Country. They are all talk and no action,“ Trump tweeted Thursday. “Likewise, Honduras, Guatemala and El Salvador have taken our money for years, and do Nothing. The Dems don’t care, such BAD laws. May close the Southern Border!“

Trump’s unwise threat to “close” the Southern Border could turn a humanitarian situation into a self-created international crisis. And, Trump continues to be the “best friend” of smugglers, cartels, and gangs.
There is a clear and present threat to our national security. It’s not desperate refugees (mostly women, children, and families) seeking to exercise their legal rights; unfortunately, it’s our President.
PWS
03-31-19

CBP COMMISSIONER McAleenan Is At It Again — Blaming Victims & The Smugglers He Empowers For His Own Incompetence & Lack Of Courage To Stand Up For Human Rights, The Real Rule Of Law, & Legitimate Law Enforcement — Don’t Let Him Get Away with His Latest False Narrative!

CBP COMMISSIONER McAleenan Is At It Again — Blaming Victims & The Smugglers He Empowers For His Own Incompetence & Lack Of Courage To Stand Up For Human Rights, The Real Rule Of Law, & Legitimate Law Enforcement — Don’t Let Him Get Away with His Latest False Narrative!

By Paul Wickham Schmidt

CBP Commissioner McAleenan is at it again: declaring a self-created “border emergency” and blaming smugglers (whom he aided and empowered with “designed to fail” policies) and lax asylum laws for the problem. 

No mention of wasting time on walls and barbed wire, zero tolerance, child separation, mindless detention, Migrant Protection Protocols, bogus “Regional Compacts” that don’t address the problems, illegal regulations, overloading the courts, wrong credible fear advice, failing to deal with root causes, eliminating the Central American Refugee program, slow walking asylum applications, overloading the Immigration Courts with cases that never should have been brought, deporting gang members without considering the consequences, failing to work cooperatively with attorneys and NGOS, failing to focus on conditions in the Northern Triangle, intentional misinterpretation and bias in asylum adjudication, bogus statistics, false narratives about crime, or any of the other many failed Administration “enforcement only” policies that created this perfectly foreseeable “crisis.” While it is a legitimate humanitarian tragedy, it is not a “law enforcement crisis.”

Apparently, the only solution according to McAleenan is for Congress to eliminate rights of asylum seekers and kids so that the Border Patrol can just arrest them and toss them back across the border without any process at all. (No mention, of course, of how that might affect folks turning themselves in — why wouldn’t smugglers just do a “quick reset” and smuggle everyone to the interior? Too deep a thought for the Commish, apparently).

Problem is that in the absence of knowledge and an understandable “counter-message and solutions” McAleenan’s idiotic restrictionist views are getting traction with the press. Indeed, they were reflected in Nielsen’s equally idiotic and dishonest request to Congress for permission to abuse and threaten the lives of the most vulnerable of the vulnerable — children.

Seems like it would be prudent for some group with expertise and credibility to push back against this latest offensive. And, it would also be critical to get folks to the House Dems with the information and facts they need to resist what is sure to be a new offensive by the Administration and GOP for harsh laws basically eliminating asylum status, claiming quite falsely that it’s the only way to secure the border. Or perhaps, the declaration of a “New Border Emergency” suspending asylum laws and the Fifth Amendment. 

Indeed, the best way of securing the border would be the immediate removal of Trump and the rest of the “malicious incompetents” who make up his Kakistocracy. But, that’s not going to happen any time too soon.

Trump has failed yet again. That means that his victims and the “usual suspects” — asylum applicants, kids, women, lawyers, NGOs, reporters, Dems — are going to have to pay “big time” for his latest failure. Might as well get ahead of the curve.

PWS

03-29-19

PREDICTABLE YET REPREHENSIBLE: Nielsen Proposes War On Children To Cover Up Administration’s Cruelty, Incompetence, and Scofflaw Conduct — Idiotic Proposal Likely To Be DOA In House!

jhttps://www.nbcnews.com/politics/immigration/dhs-ask-congress-sweeping-authority-deport-unaccompanied-migrant-children-n988651

Julia Ainsley

Julia Edwards Ainsley reports for NBC News:

WASHINGTON — Department of Homeland Security Secretary Kirstjen Nielsen will ask Congress for the authority to deport unaccompanied migrant children more quickly, to hold families seeking asylum in detention until their cases are decided and to allow immigrants to apply for asylum from their home countries, according to a copy of the request obtained by NBC News.

In a letter to Congress, Nielsen said she will be seeking a legislative proposal in the coming days to address what she called the “root causes of the emergency” that has led to a spike in border crossingsin recent weeks. The letter has not yet been sent.

The legislative proposal would have to clear the Democratic-controlled House of Representatives, which is likely to respond with strong opposition.

Click here to read Nielsen’s letter

Since February, Customs and Border Protection has seen a jump in the number of undocumented immigrants attempting to cross the border each day.

Daily border crossings have recently hit a 13-year high, leading immigration agents to release immigrants from their custody rather than transferring them to prolonged detention. The influx has left many charities in the U.S. and Mexico scrambling to provide care and has left many asylum seekers waiting in dangerous areas without shelter on the southern side of the border.

Under current law, children who enter from non-contiguous countries, which effectively means children from Central America, are transferred to the custody of the Department of Health and Human Services, which works to reunite them with a relative or sponsor in the United States. And under a federal court agreement, immigrant families with children cannot be detained longer than 20 days. The Trump administration has previously tried to reverse the court decision through executive action, but has so far been unsuccessful.

In the letter, Nielsen makes the case that the law’s limitations on DHS’s ability to deport migrant children is serving as “another dangerous ‘pull’ factor.”

“The result is that hundreds of Central American children come into our custody each day, await transfer to (Health and Human Services) care, and, ultimately are placed with a sponsor in the United States,” Nielsen said in the letter, which is expected to be sent to members of Congress on Thursday night.

The letter also indicates that the Trump administration will be requesting emergency funds to deal with the migrant flow, including what Nielsen predicts to be thousands of shelter beds for unaccompanied migrant children.

Image: Kirstjen Nielsen
Kirstjen Nielsen, from center, Secretary of the Department of Homeland Security, tours the border area with San Diego Section Border Patrol Chief Rodney Scott at Borderfield State Park along the United States-Mexico Border fence in San Ysidro, California on Nov. 20, 2018.Sandy Huffaker / AFP – Getty Images file

HHS, the agency responsible for sheltering children who arrive at the border without a parent, “is still approaching its maximum capacity and will very likely require thousands of additional beds in the coming weeks and months,” the letter said.

Nielsen said in the letter that the exact dollar amount of the request is still being worked out with the Office of Management and Budget, but a senior administration official told NBC News the request is likely to be in the hundreds of thousands of dollars.

The funding would also cover more medical teams and vehicles to transport immigrants, following the deaths of immigrants in the custody of CBP agents who were not able to provide care in time.

Why not rehire retired Asylum Officers, Refugee Officers, and other retired personal at the USCIS Office of International Operations? Why not use VOLAGS involved in overseas refugee processing who now under Trump’s destruction of refugee programs have nothing to do overseas? Why not ask for processing help from the UNHCR? Why not use some of the bloated DHS enforcement and detention budgets to hire temporary Asylum Officers from the private sector? Why not offer grants to Catholic Conference, LIRS, HIAS and other experienced refugee resettlement agencies to aid in temporary placement of those who pass credible fear? Why not beef up accreditation programs for non-attorney representatives working for charitable organization to meet representation needs? Why not simply recognize gender-based persecution as a subset of “particular social group” rather than forcing slow and intensive re-litigation of gender-based issues in ever case with inconsistent results and no guidance for parties or adjudicators.
There are lots of things a competent Administration dedicated to fairly administering refugee and asylum laws could do to handle this humanitarian situation. But, that won’t happen without “regime change” and removal of the Kakistocracy.
Indeed, the most likely outcome of the Trump Admonistration’s “malicious incompetence” will be complete loss of faith in our legal system. Folks will do what they have to do to save their lives — even if it means abandoning a system that has betrayed Due Process and fundamental fairness.
Then, we finally will have a Trump-caused “law enforcement crisis.” While the presence of more refugees in the U.S. presents more of an opportunity than a security problem, the disappearance of our Constitutional protections and intentional destruction of our legal system will be a lasting problem for all of us.
PWS
03-28-19