Lisa Rosenberg: Trump Administration’s Misinformation Campaign Targets Immigrants!

http://augustafreepress.com/trump-administration-using-campaign-disinformation-secrecy-target-immigrants/

Rosenberg writes in the Augusta (VA) Free Press:

“The Trump administration has yet to break ground for its promised border wall to keep the undocumented out of the United States, but by embarking on a campaign of misinformation and secrecy, it is rapidly moving forward with efforts to target and deport immigrants already here.
To advance the false narrative that the undocumented community includes an outsized and particularly dangerous set of criminals, the Administration ignores data that shows that high rates of immigration actually coincide with reduced crime rates, and that immigrants are less likely to commit crimes than those born in the United States. As Alex Nowrasteh of the libertarian Cato Institute noted, “It is absurd to highlight the crimes committed by a small group of people without reporting on the crimes committed by everybody.” The misleading use of crime data not only results in questionable policy decisions, but also could lead to unwarranted fear of immigrants and an uptick in hate-crimes against them.
Such fear-mongering appears to be behind the new office for Victims of Immigration Crime Engagement (VOICE) recently launched by Immigration and Customs Enforcement (ICE). VOICE will share selective data about alleged criminals’ immigration and custody status, but will omit information on other crimes, including crimes in which immigrants are victims. VOICE stems from the President’s Executive Order on internal safety and immigration enforcement, which also decreed that Privacy Act protections do not apply to the undocumented. The result is that when VOICE shares information about immigrants, their right to legally challenge potentially erroneous disclosures may be curtailed. The implications could be devastating for individuals who are wrongly targeted, especially given administration’s track record with the facts.
The launch of the VOICE office comes on the heels other efforts by the administration to manipulate facts to support misleading conclusions about immigration enforcement. In an apparent effort to name and shame, the White House ordered ICE to release weekly reports highlighting jurisdictions it claimed did not comply with requests to keep undocumented individuals in custody for up to 48 hours beyond their scheduled release—so-called “detainer requests.” Law enforcement officials in counties nationwide described the data as “unfair and misleading” and openly disputed ICE’s claims. Because complying with detainer requests has been held to be unconstitutional, jurisdictions also objected to the reports’ mischaracterization that they were not complying with federal law. Responding to pressure, ICE has temporarily suspended publication of its misleading weekly reports, but is now concealing data about its own immigration investigations and enforcement with its illegitimate decision to withhold information previously released under Freedom of Information Act (FOIA) requests.
To be sure, the immigration enforcement and deportation machine grew to new levels under a cloak of secrecy during the Obama administration, with serious policy consequences that resonate today. Rights groups litigated with ICE for years to obtain information about its controversial deportation and fingerprint program, known as Secure Communities, which required local law enforcement to forward the digital fingerprints of everyone they booked, regardless of citizenship. ICE then used the information to determine who could be deported. To this day, the FBI continues to expand the massive biometrics database that grew dramatically under the Secure Communities program, and ICE’s ability to issue detainer requests continues because local law enforcement still forwards biometric information about suspects in custody.”

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One of the biggest lies repeated by the Trump Administration and many GOP politicos is that the Obama Administration “didn’t enforce immigration law.” On the contrary, as those of us who served during that Administration know well, Obama enforced the heck out of immigration law — sometimes wisely, sometimes not. Most of today’s real immigration problems (such as the total mess in the U.S. Immigration Courts) stem from over enforcement, not any type of mythical “under enforcement.”

PWS

05-25-17

USCIS Nominee Apparently Has Strong Anti-Immigrant Views!

https://psmag.com/news/trumps-uscis-pick-harsh-on-undocument-immigrants

Pacific Standard reports:

“Lee Francis Cissna, President Donald Trump’s nominee to head the federal agency that handles applications for visas, refugee status, and citizenship, has put little on the public record in his 20 years as a lawyer, government employee, diplomat, and Capitol Hill aide.

But it turns out he has left many clues about how he could reverse Obama-era policies if he becomes director of United States Citizenship and Immigration Services, a non-enforcement arm of the Department of Homeland Security.

On Wednesday, May 24th, Cissna, 50, who has worked on immigration policy at Homeland Security for much of his career, is scheduled to appear at a confirmation hearing chaired by Senate Judiciary Committee Chairman Charles Grassley. From 2015 until earlier this year, Cissna worked for Grassley on immigration issues, having been detailed to his staff by Homeland Security. During that time, he remained on the agency’s payroll.

While there, he drafted dozens of letters under the senator’s name to Homeland Security officials, helping Grassley, an Iowa Republican, to intensify his oversight of immigration and creating a blueprint for dismantling President Barack Obama’s initiatives, according to a dozen current and former agency and congressional staff members.

ProPublica reviewed more than 60 of the letters sent by Grassley during the time Cissna worked in his office. Among the policies they criticized were:

An emergency program for Central American children to reunite with parents in the U.S. The system “unquestionably circumvents the refugee program established by Congress,” according to a November of 2015 letter.
The system for granting asylum to people claiming persecution in their home countries. A November of 2016 letter claimed thousands of immigrants were “amassing” in Mexican border cities with the intention of “asserting dubious claims of asylum, which will practically guarantee their entry.”
Giving so-called “Dreamers”—undocumented immigrants brought to the U.S. as children—the chance to obtain travel documents on top of work permits. This program would “open the door to undocumented immigrants to gain U.S. citizenship,” a March of 2016 letter said.
A program allowing undocumented immigrants who are victims of crime to stay in the U.S. even if there are no visa slots available. A December of 2016 letter said the policy is “being exploited by those wishing to defraud the system and avoid deportation.”

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Dude seems to oppose many of the best things that USCIS has done to improve the immigration situation. Also appears that like Senator Grassley he has a habit of repeating largely “fact free” restrictionist, white nationalist dogma. Grassley is right on a few things (allowing cameras in court is one of them) but none of the items mentioned in this article.

PWS

05-25-17

NEW PRECEDENT: Family Is A PSG, But Beware Of Nexus — Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017) — Read My “Alternative Analysis!”

https://www.justice.gov/eoir/page/file/969456/download

BIA Headnote:

“(1) Whether a particular social group based on family membership is cognizable depends on the nature and degree of the relationships involved and how those relationships are regarded by the society in question. (2) To establish eligibility for asylum on the basis of membership in a particular social group composed of family members, an applicant must not only demonstrate that he or she is a member of the family but also that the family relationship is at least one central reason for the claimed harm.”

PANEL: BIA Appellate Immigration Judges Greer, Malphrus, Liebowitz

OPINION BY: Judge Anne Greer

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I was the Immigration Judge in one of the leading “family as a PSG” cases cited by the BIA, the Fourth Circuit’s decision in Crespin-Valladares v. Holder, 632 F.3d 117, 124−25 (4th Cir. 2011). In Crespin, I had granted asylum to a Salvadoran family comprising a PSG of “family members of those who actively oppose gangs in El Salvador by agreeing to be prosecutorial witnesses.”

The BIA reversed me on appeal, and the respondents sought judicial review in the Fourth Circuit. That Court (much to my delight and satisfaction, I must admit) reversed the BIA and agreed with me that the respondent’s PSG was valid.

Following that, family based PSGs came up frequently in the Arlington Immigration Court. However, in a number of cases, as in L-E-A-, in their haste to posit a valid family-based PSG, attorneys neglected to prove the nexus between the PSG and the harm, or, even more surprisingly, failed to show that the respondent was even a member of the proposed PSG. Details are important!

Nevertheless, since family-based PSG cases are often “grantable,” I can’t help wondering why the BIA selected a denial for the precedent, rather than putting forth a positive example of how family-based PSGs can be a legitimate means of granting protection under the law and thereby saving lives?

In L-E-A-, the PSG was the respondent’s membership in his father’s family. Gangs threatened him with harm because they wanted him to sell drugs in his father’s store, and he refused. The respondent’s membership in the family is immutable. Additionally, there is no reason to believe that the gangs would have threatened the respondent but for his membership in a family which ran a store where they wanted to sell drugs.

Consequently, the IJ and the BIA panel could just have easily found that “family membership” was at least one central reason for the threatened harm. To me, this seems like a better analysis. I find the panel’s observation that anyone who owned the store would have been threatened irrelevant. So what?

PWS

05-25-17

AMERICA’S WORST PUBLIC SERVANT: Read Patrick S. Tomlinson’s NYT Op-Ed: “I’m From Milwaukee And I Oughtta Know, Sheriff David Clarke Has Gotta Go” (Screw Up DHS Like He Did Milwaukee County)!

https://www.nytimes.com/2017/05/23/opinion/take-it-from-milwaukee-beware-of-sheriff-david-clarke.html?em_pos=small&emc=edit_ty_20170524&nl=opinion-today&nl_art=8&nlid=79213886&ref=headline&te=1&_r=0

Tomlinson writes:

“MILWAUKEE — When David A. Clarke Jr., the sheriff of Milwaukee County, announced last week that he’d been appointed to a senior position at the Homeland Security Department, Milwaukee residents like me felt two things: relief that we might finally rid ourselves of his disastrous leadership, and deep concern about what his reported new role will mean for the rest of the country.

Sheriff Clarke (whose appointment the Trump administration has not confirmed) has attracted national attention on several occasions over the past year. In July, he drew scrutiny when, writing for The Hill, he suggested there was a “civil war” between law enforcement officers and members of the Black Lives Matter movement. Last week, CNN reported that he had plagiarized portions of his 2013 master’s thesis from several sources, including the American Civil Liberties Union and President George W. Bush’s book, “Decision Points.” (Sheriff Clarke has denied this accusation, and called the CNN journalist who wrote the report a “sleaze bag.”) And with his image accompanying articles that have circulated online, Sheriff Clarke’s penchant for festooning his uniform with an abundance of pins and ribbons has drawn the ire of veterans and inspired comparisons to the over-adorned uniforms beloved by military dictators.

Locals have been aghast at his conduct for years, and our criticism goes far deeper than his outrageous statements, his bizarre fashion choices and even his academic dishonesty. Residents of this county have witnessed a series of embarrassing incidents and, much worse, human tragedy on Sheriff Clarke’s watch.

Many have seen the 2015 tweet in which he went as far as to say that the Black Lives Matter movement would “join forces with ISIS.” Less well known is the fact that a police union, on behalf of two deputies, successfully sued him in 2007 for religious proselytizing. A district court in Milwaukee found his actions unconstitutional, which a federal appeals panel upheld in 2009. Apparently, Sheriff Clarke thought it was appropriate to force his deputy sheriffs to listen to a Christian-themed presentation, without regard for the separation of church and state.

There’s more. Sheriff Clarke has exhibited petty vindictiveness in response to those who give him even the mildest rebuke. He’s been accused of harassment by Dan Black, a Riverwest resident who said he was detained and questioned by deputies after an interaction with the sheriff on an airplane in January. Mr. Black’s offense? Shaking his head as he walked by Sheriff Clarke, in his first-class seat, wearing Dallas Cowboys gear on the day the team faced Wisconsin’s Green Bay Packers in the playoffs.

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More familiar to the national audience and more disturbing, especially to residents of Milwaukee, one of the most racially segregated cities in the country, is the story of Terrill Thomas, a 38-year-old inmate with bipolar disorder who died in 2016 while awaiting trial in solitary confinement in a jail Sheriff Clarke oversees. Mr. Thomas had gone seven days without water.

But what most Americans outside the Milwaukee metro area may not know is that Mr. Thomas’s death hasn’t been the only suspicious death during Sheriff Clarke’s tenure. Several people have died at a county jail since Sheriff Clarke took office in 2002, including a newborn baby who perished after her mother, Melissa Hall, gave birth on her cell floor. According to a federal lawsuit, Ms. Hall was shackled as she gave birth.

Perhaps the most bizarrely unhinged moment in Sheriff Clarke’s sordid career in Milwaukee came in March when he used a Facebook post to personally attack the city’s mayor, Tom Barrett. After Mr. Barrett criticized Sheriff Clarke for neglecting his duties in favor of Fox News appearances and book promotions, Sheriff Clarke became unhinged. Using the official page of the sheriff’s office, he mocked Mr. Barrett, saying, “The last time Tom Barrett showed up at a crime scene he got his ass kicked by a drunk, tire-iron-wielding man who beat him within inches of his life.” He was referring to a 2009 incident during which Mr. Barrett stepped between a deranged, tire-iron-wielding man threatening a grandmother and a 1-year-old child. Barrett was beaten and hospitalized after the assault, but the woman and child were saved from harm and the man taken into custody.

The timing couldn’t be better for him to step down from his post here. Milwaukee residents are fed up with our homegrown sideshow act. His job approval ratings have tanked in recent months. Were he to run in next year’s sheriff election, he would face an almost insurmountable primary fight for the Democratic spot.

The day we can finally rid ourselves of his malignant, sociopathic leadership can’t come soon enough. “Yippee, giddy up, and leave was my response,” said State Senator Lena Taylor of Sheriff Clarke’s possible appointment. But it’s little comfort because Sheriff Clarke’s power will only expand with his new role, which he has said will begin next month. As Representative Gwen Moore said of the sheriff in Mic, “I can think of few men more uniquely unqualified to liaise with local law enforcement at this juncture.”

The rest of the country should not have to suffer what Milwaukee residents have. David Clarke is not fit for public office. He is incompetent, dishonest, petty, vindictive and cruel. Take it from someone who has had a front-row seat to his antics: Do whatever you can to keep him out of public service, and public life, permanently.

Patrick S. Tomlinson (@stealthygeek) is a novelist, stand-up comic, and political commentator living in Milwaukee, Wis.”

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“Incompetent, dishonest, petty, vindictive, and cruel.” Hmmm, sounds like a perfect fit for the Trump Administration! On the other hand, he was elected to the position three times by the voters of Milwaukee County. So, someone out there must like his style.

PWS

05-24-17

DHS Reports 740,000 Visa Overstays! — Oh, Those Canadian Businessmen & Tourists, Threatening Our National Existence By Hanging Around & Spending Their Dollars Here — Will A Wall Along The Northern Border Be Next?

https://www.washingtonpost.com/national/us-nearly-740000-foreigners-overstayed-visas-last-year/2017/05/22/f70bea2e-3f16-11e7-b29f-f40ffced2ddb_story.html?tid=hybrid_content_2_na&utm_term=.db2c42f1f0db

The AP reports in the Washington Post:

“SAN DIEGO — Nearly 740,000 foreigners who were supposed to leave the United States during a recent 12-month period overstayed their visas, the Homeland Security Department said Monday, detailing a crucial but often overlooked contributor to the number of people in the country illegally.

President Donald Trump has proposed spending billions of dollars to erect a wall on the U.S. border with Mexico and hire more border agents, but those measures would not address people who arrive legally and stay after their visas expire. An estimated 40 percent of the roughly 11 million people in the country illegally stayed past their visas.

There were 739,478 overstays from October 2015 through September 2016 among visitors who arrive by plane or ship — more than the population of Alaska.

The total number of overstays is much larger but has not been quantified because the statistic doesn’t include how many people leave by land.

The cost and technological hurdles to develop a checkout system at congested land crossings are enormous because the sites are so busy. Last year, Homeland Security tested facial scans at a San Diego border crossing but has npt said if the technology works or will be expanded.

Homeland Security last year published the number of overstays for the first time in at least two decades, saying 527,127 people who came by air or ship stayed past their visas from October 2014 to September 2015.

This year’s report added student and foreign exchange visitors and many visa categories for temporary workers, while last year’s only counted business travelers and tourists. Homeland Security said it will make additional improvements in future reports, including more data on people who cross by land.

Overstays accounted for 1.5 percent of the 50.4 million visitors who arrived by plane or ship in the latest period, Homeland Security said. Canada occupied the top slot for overstays among business travelers and tourists, followed by Mexico, Brazil, Venezuela and the United Kingdom. Germany, Colombia, China, India and Italy rounded out the top 10.”

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Read the complete,article at the link.

Immigration is a much more complex and nuanced subject than this Administration will acknowledge. But, I’m not sure that these raw numbers, without more analysis, are anything we should be losing sleep over.

PWS

05-24-17

INSIDE THE 2018 DOJ BUDGET: Some Good News (Sort Of) For Beleagured U.S. Immigration Courts

https://www.justice.gov/opa/pr/department-justice-fy-2018-budget-request

According to an official DOJ press release:

“+$79 million for the Executive Office of Immigration Review (EOIR), including $75 million for 75 new Immigration Judges and associated positions, boosting the Department’s capacity for prompt, efficient, and just hearings for those accused of violations of immigration law.”

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The Good News:

More U.S. Immigration Judges are certainly needed and welcome. And, it’s smart to treat them as “judicial teams,” including support staff, Judicial Law Clerks, space, and equipment!

“Prompt, efficient, and just hearings” also sounds like the right objective for the U.S. Immigration Court system!

So, what could go,wrong?

The Bad News:

75 additional U.S. Immigration Judge teams will hardly put a dent in a 600,000 case backlog which continues to grow daily. Indeed, since many of the most experienced and efficient Immigration Judges are eligible to retire, 75 new Immigration Judges will barely even cover the potential loss of literally centuries of collective judicial expertise and experience.

Moreover, with Attorney General Sessions serving as a “cheerleader and chief instigator” for DHS’s current “Gonzo Maximo Random Enforcement and Detention Program,” the Immigration Courts’ future is almost certainly going to see more “aimless docket reshuffling” (“ADR”), rather than the careful structural, administrative, and procedural reforms needed to enable the Immigration Court to fulfill its mission of “guaranteeing fairness and due process for all!”

In the long run, the due process crisis in the Immigration Courts can’t be solved without responsible leadership at the DHS with the courage and determination to limit and focus DHS enforcement in a “smart” way that recognizes that Immigration Court time will always be precious and that court dockets are not infinitely expandable! Additionally, it will require DOJ leadership to treat the Immigration Court as a truly independent judicial system, not just an adjunct to the enforcement arm of DHS.

PWS

05-24-17

Only 6% Of Trump Immigration Arrests Involve “Violent Crimes!”

http://www.truthdig.com/report/item/trump_administration_arrests_noncriminal_immigrants_150_percent_20170523

Truthdig reports:

“For the most part, the Trump campaign was transparent in its xenophobia, playing to the anti-immigrant sentiments of Trump’s base with promises to increase deportations of the undocumented. But on one point, Trump pretended to care about nuance: He would not, he stated on multiple occasions, target undocumented immigrants indiscriminately, but would focus on those with criminal records—the “bad hombres,” to use the president’s own ridiculous words. Predictably, this has not been the case in practice. A new report shows that amidst a staggering increase in undocumented immigrant deportations overall, arrests of law-abiding undocumented immigrants shot up the most, by a whopping 150 percent.

A report by U.S. Immigration and Customs Enforcement boasts that between January 29 and April 22, agents arrested 41,318 undocumented immigrants. That figure, which breaks down to roughly 400 arrests per day, represents an increase of 37 percent over arrests made during the same period under President Obama, who previously held the title of Deporter-in-Chief. Seventy-five percent of those taken into custody have criminal convictions, but even that notation is potentially misleading. As Vox notes, “it’s not clear how many of those were for crimes that might be considered minor, or for crimes that are the result of being an unauthorized immigrant in the U.S. (such as driving without a license in a state that doesn’t permit unauthorized immigrants to get drivers’ licenses).” In fact, as the outlet points out, just 6 percent of those arrested had been convicted of violent crimes such as “homicide, rape, kidnapping and assault.”

The number of non-criminal undocumented immigrants arrested more than doubled, going “from approximately 4,200 in 2016 to more than 10,800 in 2017.” The ICE reports highlights this statistic as a point of pride, stating that while “convicted criminals are an immigration enforcement priority, Homeland Security Secretary John F. Kelly has made it clear that ICE will no longer exempt any class of individuals from removal proceedings if they are found to be in the country illegally.”

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Disrupting communities across America, pushing the U.S. Immigration Courts to the brink, burning through taxpayer dollars, without accomplishing much of anything useful. That’s the Trump way!

Contrary to the GOP fantasy hype, the Obama Administration was certainly no slouch at apprehending and removing serious criminals. So, the Trump enforcement charade has increased misery, deepened divisions, and created unnecessary commotion, while, by most reliable accounts, actually making us less safe by eroding years of hard-earned trust and cooperation between migrant communities and local police in reporting and solving crimes! Talk about a “built for failure” program!

PWS

05-23-17

Critics Blast Tex. Gov. Abbott’s Statements On Sanctuary Cities!

https://www.texasobserver.org/two-blatant-lies-governor-greg-abbotts-sanctuary-cities-op-ed/

Gus Bova writes in the Texas Observer:

“Governor Greg Abbott published an editorial in the San Antonio Express-News Friday defending Senate Bill 4 — the anti-“sanctuary cities” law that critics say will encourage racial profiling, undermine local policing efforts and tear immigrant families apart.

In the piece, titled “SB 4 will make Texas communities safer,” Abbott spreads at least two major lies: One, that only criminals need to worry about being asked for their papers under SB 4, and two, that the bill only requires jails to honor immigration detainers when a person is charged with a violent crime.

Abbott, who made “sanctuary cities” a legislative emergency this session, did not immediately respond to a request for comment.

The governor writes: “Regardless of your immigration status, if you have not committed a crime and you are not subject to an Immigration and Customs Enforcement [ICE] detainer, you have nothing to fear about the change in Texas law.”

That isn’t true. Thanks to a hotly contested amendment, the bill specifically permits police to request proof of citizenship from someone who’s merely been detained, not arrested. Put simply, being stopped by a cop does not mean you’ve committed a crime. Abbott seems to have forgotten about “innocent until proven guilty.”

Second, Abbott writes: “SB 4 requires law enforcement agencies to honor ICE detainers issued for violent criminals.”

In fact, the law requires jails to honor all ICE detainers. Detainers are voluntary requests from ICE to local jails to keep someone locked up beyond when they would normally be released, so that federal agents may arrive and potentially deport them.”

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Thanks to Dan Kowalski over at LexisNexis for forwarding this item!

PWS

05-23-17

DHS Extends Haitian TPS For 6 Months — Some Still Seek Longer Period!

http://www.voanews.com/a/us-gives-haitian-immigrants-6-month-tps-extension/3865735.html

VOA News reports:

USA

US Gives Haitian Immigrants 6-month TPS Extension

Last Updated: May 22, 2017 6:06 PM

VOA News

FILE – Farah Larrieux, an immigration activist shown in April at home in Miramar, Fla., is among at least 50,000 Haitians who could be deported with the loss of Temporary Protected Status. She predicted they might go into the shadows.

The U.S. Department of Homeland Security on Monday announced it has extended Haitian immigrants’ access to a program of humanitarian protection for six months.

At least 50,000 Haitian immigrants are registered for Temporary Protected Status (TPS), which permits them to live and work in the United States. TPS, offered in the wake of a deadly 2010 earthquake in Haiti, was set to expire July 23. It has been extended through January 22 – though some U.S. lawmakers, Haitian authorities and immigration advocates who’d sought a longer term expressed disappointment.

“Haiti has made progress across several fronts since the devastating earthquake,” DHS Secretary John Kelly said in a statement, adding that he was “proud of the role the United States has played during this time in helping Haitian friends.”

Kelly said the extension “should allow Haitian TPS recipients living in the United States time to attain travel documents and make other necessary arrangements for their ultimate departure from the United States, and should also provide the Haitian government with the time it needs to prepare for the future repatriation of all current TPS recipients.”

Pierrot Mervilier hugs an unidentified girl whose family, covered by TPS, met with news media in Miami, May 22, 2017.

Haiti sought 1-year minimum

Haiti’s government had urged the United States to extend TPS “for at least another year,” its ambassador to the United States, Paul Altidor, told VOA earlier this month.

Altidor said the Caribbean country, while glad to welcome back “our brothers and sisters,” was not ready to absorb tens of thousands of returnees “overnight.”

Haiti “has not recovered entirely from the earthquake,” the ambassador said, noting that not all of the financial aid pledged by “many friends and countries around the world” had materialized. He also pointed out that his country had endured additional setbacks, such as a cholera epidemic and a crippling hurricane last October.

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Read the complete story at the link.

From Secretary Kelly’s statement, its appears that DHS intends to terminate Haitian TPS at the conclusion of this six month extension. That move is sure to be fraught with controversy. However, the law gives the Secretary complete, unreviewable discretion to make TPS decisions.

PWS

05-23-17

“Trump Effect” Slows Migration, But There Might Be More Than Meets The Eye — Increase In Surreptitious Entries, Higher Smuggling Fees, Wait & See Attitude All Play Roles!

https://www.washingtonpost.com/world/the_americas/the-trump-effect-has-slowed-illegal-us-border-crossings-but-for-how-long/2017/05/21/dfa12a0a-39be-11e7-a59b-26e0451a96fd_story.html?hpid=hp_hp-more-top-stories_border-crossings410am%3Ahomepage%2Fstory&utm_term=.3cb4b3c465ee

Joshua Partlow reports in the Washington Post:

“SAN JOSE LAS FLORES, El Salvador — In a different era, Oscar Galvez Serrano might have abandoned his mother’s tin-roof shack in the jungly Central American hills by now and set out for the United States.

Despite having been deported in March, Galvez said, he would have tried to quickly return to join his 11-year-old son in Sherman, Tex., and his siblings and cousins. He would have taken another job — roofing, landscaping or washing dishes. There is something different now, however, looming over Central Americans’ decisions on migration: President Trump.

Migrants used to feel that if they reached the United States illegally, they could stay. “They’ve gotten rid of all that,” said Galvez, 36. “I still hope I can go back there. I just don’t know when.”

Trump has credited his tough stance on illegal immigrants for the sharp decline in apprehensions of migrants at the U.S.-
Mexico border, tweeting in March that “many are not even trying to come in anymore.” In the first four months of the year, U.S. authorities have detained about 98,000 would-be immigrants heading north, a 40 percent drop from the previous year.

In El Salvador, which has contributed tens of thousands of border crossers in recent years, officials and potential migrants acknowledge that fewer people are heading to the United States. But they say that the slowdown may be temporary — and that the drop-off may not be as large as it seems.”

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Read the complete article at the link.

In immigration, things seldom have simplistic explanations. So, if I were the Trump Administration, I’d wait awhile before going into the “victory dance” on halting unauthorized migration.

PWS

05-22-17

N. Rappaport On GOP’s “Extreme Enforcement” Initiatives!

http://thehill.com/blogs/pundits-blog/immigration/334554-republicans-are-preparing-extreme-immigration-measures

Nolan writes in The Hill:

“Highlights from Labrador’s summary of the Davis-Oliver Act.

It provides states with congressional authorization to enact and enforce their own immigration laws to end the executive branch’s ability to unilaterally shut down immigration enforcement.
It withholds certain federal grants from jurisdictions that refuse to honor immigration detainers or prohibit their law enforcement officers from giving immigration-related information to U.S. Immigration and Customs Enforcement (ICE).
Jurisdictions that refuse to honor detainer requests and release criminal aliens may be sued by the victims of crimes the aliens commit after they are released.
It makes membership in a criminal gang grounds for deportation.
It requires background checks to be completed before immigration benefits can be granted.
Criminalization of undocumented aliens.

Section 314 makes crimes out of illegal entry and unlawful presence. If an offender does not have three misdemeanor convictions or a felony conviction, a first offense can result in imprisonment for up to six months. Subsequent offenses can result in imprisonment for up to two years.

If the alien has three misdemeanor convictions or a felony conviction, however, the term of imprisonment can be up to 20 years. This is not as harsh as some of the criminal provisions which are in the Immigration and Nationality Act (INA) already. Smuggling an alien into the country or helping one to remain here unlawfully (harboring) may “be punished by death or imprisoned for any term of years or for life” if it results in the death of any person.

Home free magnet.

President Obama created what I call the “home free magnet”, when he focused enforcement on undocumented aliens who had been convicted of serious crimes or had been caught near the border after making an illegal entry. Aliens wanting to enter the United States illegally knew that they would be safe from deportation once they had reached the interior of the country.

This attracted undocumented aliens and became a powerful incentive for them to do whatever was necessary to enter the United States. President Trump destroyed this magnet with tough campaign rhetoric and his executive order, Enhancing Public Safety in the Interior of the United States, which greatly expands Obama’s enforcement priorities.

. . . .

Perhaps the Democrats should consider supporting a modified version of the Davis-Oliver Act in return for Republican consideration of a modified legalization program and other measures that are important to the Democrats.

A similar agreement was the basis for the Immigration Reform and Control Act of 1986 (IRCA), which made legalization available to millions of undocumented aliens in return for interior enforcement measures and border security.

The Republicans can deport most of the undocumented aliens in the country if they choose to do so, but it would take a long time and would be very expensive politically as well as financially.

They might be willing to consider a legalization program that is based on American needs, such as preventing citizen and lawful permanent resident families from being broken up and providing needed foreign workers for American employers.”

It could be limited to temporary lawful status while background investigations are being conducted. Greg Siskind and I suggested a way to do this in, “Pre-Registration: A Proposal to Kick-Start CIR.”

To be truly comprehensive, immigration reform has to include effective enforcement measures and time for putting together such a bill is running out.

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Read Nolan’s complete article over on The Hill at the above link.

Having served during the Obama Administration (as well as others from both parties) I disagree with Nolan’s characterization of Obama as having a “home free” policy. At least since the summer of 2014, no characterization could be further from the truth!

Beginning in the summer of 2014, the Obama Administrations, quite unwisely in my view, “prioritized” the cases of recent arrivals at the Southern Border. By taking these cases out of sequence, and totally out of proportion to any “threat” they posed, the Obama Administration’s policy of Aimless Docket Reshuffling (“ADR”) helped create an Immigration Court backlog that now approaches 600,000 cases, notwithstanding relatively “flat” receipts and actual increases in the number of sitting judges.

While eliminating the “recent arrivals priority,” the Trump Administration’s essentially “random” enforcement policy, lacking in any type of restraint or rationality, has actually made things much worse. As backlogs mushroom, the “home free” problem is actually more significant, although with a pronounced degree of randomness and irrationally. In other words, total docket chaos in Immigration Court.

While the threat of more “expedited removals,” which evade the Immigration Courts, does hang over the system, the procedures have not actually been implemented. Moreover, contrary to Nolan’s suggestion, there is no chance that the GOP will be able to remove more than a small fraction of the approximately 11 million undocumented aliens in the U.S. Yes, arbitrary enforcement does produce some “terrorism” effect by making everyone feel unsafe. Perhaps a relatively small number of undocumented residents will give up and leave (or try to enter Canada). Nevertheless, there is no practical way that 11 million individuals actually could be removed.

The GOP would do much better to sign on to immigration reforms that would give some type of legal status (not necessarily green cards) to most of those already here, while expanding legal immigration opportunities across the board. The resulting system would actually reduce pressure on the border while making interior enfircement more of a practical possibility than it has been at any time during the last for decades. But, that would take a thoughtful, practical, non-xenophobic, approach — something that has eluded the GOP in the years since the Reagan Administration.

Look for folks like Labrador & Goodlatte to work with the Adminstration to create a complete “train wreck” in the immigration enforcement system.

PWS

05-22-17

ROGUE! — Will Push To Hire More DHS Agents Weaken National Security With More “Bad Apples?” — “Haste Makes Waste” Governing Has Real Life Consequences!

https://www.nytimes.com/2017/05/20/us/politics/border-patrol-immigration-trump.html?hpw&rref=politics&action=click&pgtype=Homepage&module=well-region®ion=bottom-well&WT.nav=bottom-well

Ron Nixon reports in the NYT:
“BROWNSVILLE, Tex. — Joel Luna was just the kind of job candidate the Border Patrol covets. He grew up on both sides of the border, in Mexico and South Texas. He participated in the Reserve Officers Training Corps in high school and later served in the Army, seeing combat in Iraq.

Mr. Luna joined the agency as part of a hiring surge that began under the George W. Bush administration, patrolling a rural area about 100 miles north of Mexico. But six years later, his decorated career came to a shocking end: He was arrested and charged with helping to send illegal weapons to Mexico and ship drugs into the United States. He was convicted in January and sentenced to 20 years in prison.

Now, as President Trump plans a similar hiring surge at the Border Patrol, Mr. Luna’s case is casting a large shadow. The president wants to make 5,000 new hires, under a streamlined process that critics fear could open a door to other rogue agents like Mr. Luna.

Agency officials, some members of Congress and the Border Patrol union say the current process has made it too hard to hire agents. It typically takes more than a year to vet candidates and get them on the job.

At the center of this notoriously slow and stringent process — which Customs and Border Protection, the patrol’s parent agency, put in place after a number of corruption cases — is a mandatory polygraph test. Officials are considering changing the test, and in some cases the agency would simply waive it.

“C.B.P. has a big problem in not being able to hire agents because of the polygraph test,” said Senator Jeff Flake, Republican of Arizona, who has sponsored the legislation to make hiring agents easier and faster. “I’m not saying that we should get rid of the polygraph, but we want to make sure the process isn’t an overall detriment to good candidates.”

Three weeks ago, the agency began using a different lie detector test that takes less time than the current one and asks fewer questions. And legislation moving through Congress would grant the agency the authority to waive the polygraph for some former law enforcement officers and military veterans.
Top officials said the changes would allow the agency, which is losing agents faster than it can replace them, to compete for qualified candidates with other law enforcement agencies more effectively without sacrificing standards. Applicants would still undergo a background check in addition to the shorter polygraph test, officials said.

“No one wants corrupt agents inside the Border Patrol,” said Jayson Ahern, a former acting commissioner of Customs and Border Protection. “What C.B.P. is proposing is a sensible way to weed out corruption but speed up the hiring.”

But some current and former Department of Homeland Security officials said the proposed changes could expose the agency to corrupt individuals who could use their position to help drug cartels or human smugglers. Border Patrol agents work largely by themselves in isolated areas and are routinely targeted by criminal organizations.”

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How many times have we seen this pattern: scandal, followed by reform? Time goes by, and we forget the scandal. But, “best practices” can be burdensome. So someone proposes a “streamlined” process which recreates the conditions for scandal. And the cycle begins again.

Ironically, the risk to American security from corrupt DHS agents probably exceeds the risk from the undocumented entries that additional hastily hired agents are supposed to be preventing. The border today is probably under better control than at any other point in my lifetime. But, corrupt border agents can be co-opted by terrorists, narco traffickers, and human smugglers, all of whom “pay” much better than the USG. So, taking time to make sure the folks we’re hiring for these key jobs have the “right stuff” makes sense to me. Also, how about raising their pay to reflect their important, challenging (and dangerous) mission and to reduce turnover?

PWS

05-21-17

10th Amendment Scoring A Comeback At Both Ends Of The Political Spectrum

https://www.wsj.com/article_email/federalism-for-the-left-and-the-right-1495210904-lMyQjAxMTE3MTIyMDUyNTA0Wj/

Jeffrey Rosen writes in the WSJ:

“President Donald Trump has issued a series of controversial executive orders on immigration that are now tangled up in federal courts. Judges in Hawaii and Maryland have blocked the president’s ban on travelers from six mostly Muslim countries, and another judge in Seattle has blocked his executive order threatening to remove federal funding for “sanctuary cities” that refuse to cooperate with federal immigration agents.

If this contest between branches of government sounds familiar, it should. President Barack Obama also tried to use executive orders to push through his own very different immigration policies, and he was similarly rebuffed by the courts. They held that he lacked the unilateral authority to shield millions of undocumented immigrants from deportation.
There’s a lesson in the symmetry of these two examples, and figures from across the political and ideological spectrum are increasingly embracing it: Many of the issues that recent presidents have tried to decide at the national level through executive orders are best resolved at the state or local levels instead. In an era of fierce partisan divisions, all sides are beginning to see the virtues of our federal system in accommodating differences—and encouraging experimentation—on issues such as immigration, law enforcement and education.

Federalism has long been a cause on the right, but now it’s just as likely to be a rallying cry on the left. Rep. Zoe Lofgren, the top Democrat on the House Judiciary’s immigration and border-security subcommittee, recently said: “The Constitution, specifically the Tenth Amendment, protects states’ rights, and it prohibits federal actions that commandeer state and local officials. When it comes to immigration, these principles seem to be overlooked.”

The framers of the Constitution would be pleased with this emerging consensus. By creating a national government with limited powers, they intended to allow the states and local governments to pursue a range of different policies on matters within what used to be called their “police powers”—that is, their authority to regulate behavior, maintain order and promote the public good within their own territory. The founders considered this arrangement the best way to protect liberty and diversity of opinion, as well as to defend political minorities from nationalist tyranny and concentrated power.”

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Perhaps this is a return to constitutionalism. But, perhaps it’s more representative of the failure of Congress to effectively address the need for comprehensive immigration reform.

PWS

05-21-17

DANGEROUS MISSION: 2 UN Investigators Killed In DRC!

https://www.nytimes.com/2017/05/20/world/africa/congo-zaida-catalan-michael-j-sharp-united-nations-democratic-republic-of-congo.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news

The NY Times reports:

“Zaida Catalán was on to something, and it was making her jumpy.

“Exciting development,” she scribbled in her diary in late January. “I can maybe nail this bastard. Damn!”

Weeks later, Ms. Catalán, a United Nations investigator with little training and no safety equipment or even health insurance, headed into a remote area teeming with militia fighters to find the culprits behind a massacre in the Democratic Republic of Congo.

A grainy cellphone video shows what happened next: A cluster of men with rifles and red bandannas lead Ms. Catalán, a 36-year-old Swedish-Chilean, into a grove with her American colleague, Michael J. Sharp, 34. The two investigators are barefoot.

Mr. Sharp starts arguing. He and Ms. Catalán are forced onto the ground. Suddenly, shots are fired, hitting Mr. Sharp first. Ms. Catalán screams and tries to run for cover. She is shot twice.

Their bodies were discovered weeks later in a shallow grave, laid out carefully, side by side, in opposite directions. Ms. Catalán had been decapitated. Her head had been taken.

Their deaths raise tough questions about the United Nations and its work in the most dangerous places in the world. Almost two months passed before the United Nations even assembled a panel to look into what went wrong. The United Nations Security Council could go further and order a more formal investigation, but more than two months after the murders, it has taken no steps in that direction.

Instead, it has left the investigation to Congo, a nation where violence, corruption and impunity are so widespread that the United Nations has had to spend billions of dollars over the years in a failed effort to bring peace and stability. Indeed, a big focus of Ms. Catalán and her colleagues was whether the Congolese government played a role in the massacre and broader chaos she was investigating.

“The U.N. needs to take ownership,” said Akshaya Kumar, a deputy director at Human Rights Watch. She added that the Congolese authorities, who are implicated in the region’s conflict, were in no position to carry out a credible investigation.

The killings have also stirred a sharp debate over the United Nations’ responsibility to prepare and protect the people it hires to investigate wrongdoing around the world. Ms. Catalán and Mr. Sharp belonged to a panel of six experts authorized by the Security Council to investigate rapes, massacres and the exploitation of Congo’s vast natural resources.”

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Sometimes we forget or minimize the great dangers faced by those fighting for human rights throughout the world.

Probably the most vivid personal example in my career was the untimely death of noted human rights activist and attorney Arthur Helton in Iraq. During my “Legacy INS” career I opposed, and probably helped depose, Arthur in a number of vigorously litigated Federal Court cases. But, I always considered Arthur a gentleman, a scholar, a person of great principle and integrity, and a most worthy opponent. His death was indeed a shock. In 2004, the American Society of International Law established the Arthur Helton Fellowship in his memory.

Some Undocumented Migrants Flee US For Canada — A 21st Century “Underground Railroad”

https://apple.news/AcVFywEAtSw6IcI4GHsDgww

Adolfo Flores reports for BuzzFeed News:

“Martha never imagined she’d be in an upstate New York church basement hiding from the US government, far from the troubled El Salvador she had left behind years ago and very different from the life she had slowly built in Virginia.
The ascension of Donald Trump to the White House after threatening to deport high numbers of undocumented immigrants — combined with the prospect of being separated from their US-born daughters and the fact that Immigration and Customs Enforcement (ICE) was on her husband’s heels — drove them into hiding to wait for an asylum interview in Canada.
“A lot of people like us are desperate, looking for where to run because they can’t be here, because of this man,” Martha, who has lived in the US for 16 years, told BuzzFeed News in a recent interview.
The family declined to use their real names out of fear of retaliation from US immigration authorities.
“When you come to this country, you come with nothing, zero, and little by little you build a life,” Martha said. “Then, suddenly you have to make a decision you never thought you’d have to make: leave and start over again.”
Her family is part of a small but growing number of immigrants who lived in the US for years and are being ferried to the Canadian border via an underground network of churches and immigration rights groups. Rev. Justo Gonzalez II of Pilgrim St. Luke’s in Buffalo, New York, said that so far they’ve helped 20 people, including six children, get to Canada to petition for asylum.
During a recent visit by BuzzFeed News, there were nine people, including Martha’s family, waiting at the church to make the same journey.
Vive, a Buffalo-based organization that helps refugees, reached out to Gonzalez and other sites when they started seeing large numbers of immigrants asking for their help getting to Canada. As a precaution, Gonzalez set up additional security cameras around the church, and everyone has to be buzzed in during non-mass hours. Volunteers patrol the building during mass to make sure no one is there to harass their guests.”

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Read the full article at the above link.

Outwardly, this appears to be a nice, self-sufficient family which is contributing to our society. Their reasons for fleeing from El Salvador and coming here also appear to be compelling, at least from their standpoint.

The article glosses over the question of why Moises’s TPS protection was rescinded in 2007. Most often, this happens when someone commits two or more misdemeanors (or one felony) in the U.S. So, at least to some extent, the family’s problems might be self-inflicted.

Still, is it a good use of our law enforcement resources to create a climate which drives folks like this out of the US?

Or would it be better to use limited resources to integrate these folks into our society in some way or another?

PWS

05-21-17

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