☠️⚰️ KILLER POLITICOS GET AWAY WITH MURDER: GOP NATIVISTS, SPINELESS DEM ENABLERS DRIVE DEATH @ THE BORDER: Locals Run Out Of Body Bags & Burial Plots As Gov’s Intentional, Immoral Failure To Properly Process Legal Asylum Seekers Takes Deadly Human Toll!🤮

Angel of Death Artist: Evelyn De Morgan 1880 Public Realm The Angel of Death (“AOD”) comes for another asylum seeker at the border. Biden border policies have created “full employment” for tge AOD!
Angel of Death
Artist: Evelyn De Morgan 1880
Public Realm
The Angel of Death (“AOD”) comes for another asylum seeker at the border. American border policies have needlessly and heedlessly created “full employment” for the AOD!

Arelis R. Hernandez, Mariana Dias, Danielle Volpe report from Eagle Pass, TX for WashPost:

https://www.washingtonpost.com/nation/interactive/2024/texas-border-eagle-pass-migrant-deaths/

. . . .

“If they’ve been in the water awhile, their skin gets pruned and webby and starts to peel off. Their eyes, nose and mouth get swollen,” [Sgt. Aaron] Horta said with a far-off look in his eyes. “For a while, I couldn’t sleep.”

By the end of 2022, Horta had recorded 225 deaths. He said it bothers him when no one claims a body, so he tries to do what he can. This past Thanksgiving, 11-year-old Cristal Tercero Medrano of Nicaragua drowned while wearing a bright-yellow Tweety Bird sweater. Horta worked with Border Patrol agents to identify her. Not long after, they found the girl’s family. Relatives sent in a photo of Cristal wearing the same yellow sweater.

“I get mad, as the father of a little girl,” Horta said. “There should be a process that isn’t the river. It gets to me, but I have to be a professional.”

. . . .

As she swiped through the images in her photo album, she landed on one of a boy in his late teens who had been in the river so long that the current had wiped the features of his face away. In another, the braces inside the mouth of a sun-scorched child were still visible. Behind [Justice of the Peace Jeannie] Smith were rows of folders detailing each death.

“River. River. Ranch. Ranch,” she said as she thumbed through the files. “John Doe. Jane Doe. John Doe. Fetus, the mother gave birth at the river, but the baby didn’t survive. They come from everywhere. I say a little prayer for each one.”

. . . .

“There’s no dignity in this,” [forensic scientist Kate]Spradley said. “But this is what our state deems acceptable.”

. . . .

As for the total fiction that immoral politicos dishonestly present (and the “mainstream media” too often mindlessly and uncritically repeats) that “deterrence — even by death” will stop forced migrants from seeking legal refuge:

[Evelin Gabriella] Gue [of Guatemala] said she and her relatives are still struggling with denial and hoping that the body Texas officials found was not her mother. They want her home, if for nothing more than to be absolutely sure it is her as they grieve. Consular officials have confirmed to the family that it is her body, though they have not submitted DNA for further verification.

Cú Chub’s family is still in debt. To pay off the loan they took out for her to migrate, they may soon make the same journey that cost them their matriarch.

So much for the deadly, irresponsible “bipartisan BS” spouted by politicos who have lost their humanity and their sense of decency!

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

Everyone should read the stomach-churning complete report at the link. 

It has lots of dramatic color photography, so folks can get “face to face” with this preventable human carnage. These are the truths and consequences that should — but aren’t —  being heard and heeded as border enforcement is discussed.

For the same amount, or likely much less, that governments at all levels are squandering on uncoordinated “proven to fail, illegal, gonzo enforcement and false deterrence,” that enriches cartels and human smugglers while killing legitimate refugees and harming our national psyche, the U.S. could build a first-class, timely, legally compliant, processing and resettlement system for forced migrants here and abroad that would reduce unnecessary border tragedies while capitalizing on the positive power of migration in today’s world. 

🇺🇸 Due Process Forever!

PWS

04-14-24

☠️ ⚰️ DEADLY “BIPARTISAN BORDER POLICIES” CONTINUE TO TAKE AN UGLY HUMAN TOLL 🤮 WHILE FAILING TO DETER REFUGEES FROM SEEKING PROTECTION, EVEN IF THEY DIE IN THE PROCESS! — Melissa Del Bosque Interviews Leader Of “No More Deaths” About Shocking Increase In Preventable Deaths Caused By Cruel, Costly, & Ineffective “Bipartisan Deterrence!”  — As Innocents Die, The “Mainstream Media” Take A “Moral & Ethical Holiday!” 🤯 

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com

Melissa reports in the latest issue of The Border Chronicle:

https://open.substack.com/pub/theborderchronicle/p/a-new-report-shows-skyrocketing-deaths?

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A New Report Shows Skyrocketing Deaths in El Paso, New Mexico Border Region

“It’s really just shocking how close to help a lot of people died,” says Bryce, who led the report for the nonprofit No More Deaths.

MELISSA DEL BOSQUE
APR 9
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Illustration from the new report. Each red dot represents a life lost.

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As safe corridors for migration disappear, more people risk their lives crossing the U.S.-Mexico border. And more people die. A new report by the nonprofit No More Deaths, along with a searchable map and database, documents the increasing number of migrant deaths at the border in New Mexico and far West Texas. Until now, not much research has been done on the deaths of people migrating through this section of the border. The project was led by Bryce, a No More Deaths volunteer (who asked that we not use his last name because the Far Right has recently been targeting the group). He, along with several others, have created the most comprehensive database to date of deaths in the Border Patrol’s El Paso Sector, which includes New Mexico and two counties in Texas, El Paso and Hudspeth. The report covers 15 years, from 2008 to 2023, and it shows many disturbing trends, including the acceleration of deaths that has accompanied “prevention through deterrence,” the U.S. government’s strategy implemented in the 1990s to push migrants into more remote, dangerous crossings. That strategy is now morphing into something all the more tragic as people, increasingly women and children, are barred from accessing asylum and are dying at the doorstep of American cities and towns. In this Q&A, Bryce talks about documenting these deaths, and the discoveries that both shocked and angered him in creating this new report.

Why did you study this particular part of the border in New Mexico and far West Texas?

A couple of years ago, a few of us started getting interested in what’s happening in New Mexico, and whether there’s any need for humanitarian aid out there, just because we hadn’t really heard anything but assumed there must be something happening out there. Quickly, we noticed that there was not much data in general about the area. So I started doing public records requests. And pretty quickly, just with the first batch of data, we got about 20 deaths for 2022. We went to some of those locations to see if we’d see trails. And while we were checking out some of these locations, we found human remains right across the street from a cemetery and about 50 feet from a main road in Sunland Park [New Mexico]. It was not a remote place. It was right in town. So we started looking at the Sunland Park Fire Department’s social media page, and quickly realized that there was a lot happening and quickly. And then 2023 ended up being this record deadly year for the area.

It’s shocking that you found a dead person right there in the middle of Sunland Park. Can you tell me more about this person? Were they identified? How long had the person been there? And how could this have been missed by people who live there?

He was later identified as a man from Colombia. [His name was Johan Orozco Martinez, age 36.] He had been there for a couple of days. I’m not joking when I say he was right across the street from the Memorial Pines Cemetery, and near the shoulder of the road. Many cars drive this road, but I think typically people look toward the cemetery, and I guess they didn’t see him because they were looking in the other direction. He was in his 30s and so older than many of the usually young men you see, for instance, crossing through southern Arizona.

Two findings that really stand out to me from your report are the number of women who have died, and how increasingly people are dying within city limits and no longer just in remote areas that are hard to access. I mean, you found a person in the middle of Sunland Park. What’s going on, do you think?

The dynamics of migration are complex. But one thing that seems pretty clear is that the asylum policies in the last few years have led to an increase in some of these deaths, just from people trying to get asylum and being prevented either by metering or by turnbacks. And then feeling they have no choice but to cross through the desert. A lot of people who are crossing are older, they’re women, they’re people with health problems. The demographics, we found, were much different in the El Paso sector than in southern Arizona, with people being older and more than 50 percent of the deaths in 2023 being of women, which is unusual.

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When did the deaths start increasing? And has the increasing militarization of the border and Operation Lone Star in El Paso contributed to these deaths?

Up until 2015, there were very few deaths in this area. But especially since 2018, the deaths have just been ramping up every single year. We were in New Mexico watching Operation Lone Star soldiers put up a barbed-wire fence between New Mexico and El Paso in an area where a lot of people cross. So once you’re in the United States, even crossing into Texas from the New Mexico side has become more deadly. And you can see National Guard in El Paso patrolling and pushing people back. The more enforcement, the more the deaths increase. In El Paso, there are what I call “moats” because if people climb the border wall, there’s an irrigation canal right on the other side, which at times can be moving very quickly. Then beyond that there’s multiple highways and more canals. So if someone is being chased by Border Patrol or Operation Lone Star, there are multiple deadly obstacles.

In 2022 there was a two-week period when 15 people died in the canals, one right after the other. This was during irrigation season in El Paso. Water is released from a reservoir in New Mexico into the canals and the river to irrigate farmland further east of El Paso. When that happens, the water can be going like 20 miles per hour. Unless somebody physically rescues you, there’s no way of getting out once you’ve fallen in. I watched a news broadcast in El Paso where they made a public service announcement about drowning deaths in El Paso, saying like, “Irrigation season is here, stay away from the canals, watch out for drowning.” But if you read all the autopsy reports, it’s almost all migrants dying. Because the medical examiner doesn’t flag whether it’s a migration-related death, you end up getting these weird statistics about drowning deaths being on the rise in El Paso. And so they’re directing these public safety messages toward El Paso residents who are actually in very little danger of drowning. And the people who are in danger of drowning, the migrants, have no idea.

Did you also find an increase in the deaths of children?

Definitely, yes. In 2018, two eight-year-old Guatemalan kids died. There’s a lot of teenagers dying, crossing the border wall, a lot of them drowning in El Paso city itself. For instance, there was a Russian man and his teenage daughter who both fell into a canal and drowned. They were running from Border Patrol agents. I believe that happened in 2021. We saw fewer deaths of younger people in New Mexico.

You also found that Customs and Border Protection is significantly undercounting deaths related to enforcement. Can you talk about this finding?

CBP is supposed to keep track of migrant deaths and CBP enforcement-related deaths, but we found that the agency is severely undercounting them. There’s been a lot of documentation in the past, talking about that fact, but there hasn’t been a whole lot of quantifying that undercount. Aside from the Arizona data that the Pima County Office of the Medical Examiner and Humane Borders have reported. For example, in one year we found 39 deaths, while CBP reported only 10 deaths.

We looked at investigator reports and so we were able to read the narratives, and learn circumstances around the deaths. We were able to see if someone was chased by Border Patrol, either on foot or by vehicle, or if they died in Border Patrol custody. We found that Border Patrol had tried to underplay some of these deaths.

We found that 15 percent of all migrant deaths in the El Paso sector were caused directly by Border Patrol due to chases or use of force, also due to custody deaths, or falls from the border wall. Humane Borders doesn’t track deaths related to Border Patrol enforcement. So this is the first instance that I’m aware of, where we are able to quantify the CBP undercount of Border Patrol-related deaths.

For 2022, for instance, we found 16 deaths that should have been reported by CBP as CBP-related deaths. CBP had only reported six of those deaths. Of the 16 we found, I think it’s still an undercount, because a lot of the investigative reports use vague or passive language about a person “jumping into the canal,” for instance. So you don’t know if the person was actually chased. So we only included cases where it’s very explicit.

What surprised you most in working on this report?

It’s really just shocking how close to help a lot of people died. I’m used to southern Arizona, where the terrain and trails are very remote. But we found people dying across the street from the cemetery, people dying a short walk from the Dollar General store. We’ve had this narrative of “prevention through deterrence” for the last few decades, which has pushed people away from cities into remote areas where they’re more prone to dying from heat exposure or something else. But now the border is militarized to the point where even Sunland Park, this suburb of El Paso, can be as deadly as the middle of nowhere in southern Arizona.

Last June, for instance, something like 40 percent more people died in Doña Ana County in New Mexico than the entire state of Arizona. Most of these deaths were close to the highway or close to a town. It’s a dynamic that has not really been studied. And the fact that it’s been happening for years without anybody really noticing is really scary.

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With these findings, are No More Deaths and other humanitarian groups mobilizing to do search-and-rescue and water drops in this area?

Like Texas, much of the land in New Mexico where people are dying is privately owned land, so it’s difficult to access for humanitarian groups.

We’ve been going there about once a month for the past year to try to organize some support. There’s a group that doesn’t have a name yet that we’ve started to work with, that’s putting out water in some of these areas. There’s another group from southern Arizona that has moved over to New Mexico to search for remains in the desert.

We’re hoping the news will spread and that others will join to help. We have some money to help out some groups that are forming. We’re really hoping that groups will form on their own for search-and-rescue and putting out water. Because right now, Border Patrol is the only game in town if you call 911 as a migrant. And Border Patrol has a horrible track record of actually helping anybody.

To get involved, learn more, or support humanitarian efforts, contact No More Deaths here.

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

Border Death
Too many members of the so-called “mainstream media” are ignoring their moral, professional, and ethical duties to report honestly on the known, preventable “human collateral damage” resulting from both current and proposed anti-asylum “border enforcement” policies!  It’s been going on for years, largely “under the political and media radar screens!” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

Two things stand out: 

  1. A complete lack of accountability for the misguided politicos and bureaucrats who are dishonestly pushing these immoral and ineffective policies without “owning up” to both the known deadly consequences and the lack of long-term “deterrent” value (even assuming, as I do not, that effective deterrence could justify immoral and illegal policies) of the actions they are touting; and 
  2. A complete abdication of professional journalistic standards and performance from the many members of the so-called “mainstream media” who fail to include in each report on draconian “border control” proposals and “policies” the deadly, well-documented human consequences of those policies and who provide a toxic forum for politicos and supposed “pundits” spouting myths and  nativist propaganda about “border enforcement,” without presenting experts like Melissa, Todd Miller and many others who have actual experience with the unending trauma and futility caused by our current misguided, often flatly illegal, and clearly immoral approach to “border enforcement.”

🇺🇸 Due Process Forever!

PWS

04-10-24

   

😎🤮 CONTRAST: AS CONGRESS, FEDS FAIL, SOME STATES STEP UP AND LEAD THE WAY ON ASSISTING MIGRANTS 🗽😎, WHILE GOP STATES DOUBLE DOWN ON CRUELTY, STUPIDITY, GROSS SQUANDERING OF PUBLIC FUNDS! 🏴‍☠️🤮 — Reports From Emerson Collective & Border News Show Contrast

Wall Hits Sea
The border between Tijuana and California. Studies indicate an increase in the number of drowned migrants at this point on the border. David Ludwig’s photo is licensed as Attribution-ShareAlike.
Certainly, Biden & the Dems can promote a better version of “border security” than this deadly and ultimately failed “hangover of Trumpism!”
  1. Some States Step Up With Innovation & Humanity, While GOP-Led States Fall Down On Migrant Reception, Assistance, Resettlement — From Emerson Collective

https://substack.com/redirect/75874ce8-e696-4b78-9496-2d47a6f109e6?j=eyJ1IjoiMXNlNzhtIn0.8hVV2FxILD3e6tMtjfLdJqJhstwOJgxvhGPCBO-pvCg

STATE LEVEL DIVERGENCE IN RESPONSE TO THE MIGRATION SURGE

While legislative reform continues to be blocked at the federal level, states across the country have adopted diametrically opposed responses to the surge of migrants that have reached the U.S.-Mexico border in search of safety and economic opportunity.

On one side of the split screen, we see real innovation happening with 20 states now having dedicated, high-level staff focused on immigrant integration and building a more welcoming, inclusive America. That includes programs designed to better incorporate immigrants and refugees into state workforce systems, expand the capacity of legal and direct service providers, and ensure access to other support systems that welcome new arrivals with dignity and care.

On the other side of the screen, we see Governor Abbott (TX) continuing to sow constitutional chaos. Building on his claim that Texas has a “right to self-defense” that supersedes the Constitution – a claim endorsed by 25 Republican governors – he announced his intention to “build an 80-acre base to house up to 1,800 Texas National Guard members near Eagle Pass.” This base could “expand to incorporate up to 2,300 personnel” and “cements a large law enforcement infrastructure in the region,” The state is also targeting a Catholic migrant shelter with “human smuggling”, elevating the state’s challenge to federal supremacy over immigration and border enforcement.

We are undoubtedly facing a unique set of pressures at our southern border and in states and cities throughout the country as a result of historic levels of migration throughout the hemisphere. Our current inability to effectively respond to these pressures is the result of decades of Congressional failure to forge compromise on the contours of a flexible system that can effectively manage migration. As states take steps to fill the breach, we are seeing very different visions of what the future may hold.

2) U.S. Judge In Texas Tosses GOP States’ Frivolous Challenge To Successful Parole Program — From The Border News

https://open.substack.com/pub/bordercenter/p/drownings-spike-along-san-diego-coastline?r=1se78m&utm_medium=ios

🌍 Humanitarian Asylum Program Survives States’ Challenge, Federal Judge Upholds Entry for Migrants from Four Countries

The Associated Press’s Eric Gay.- A federal judge in Texas dismissed a lawsuit from Republican-led states challenging a Biden administration program that allows a certain number of migrants from Cuba, Haiti, Nicaragua, and Venezuela to enter the U.S. on humanitarian grounds. U.S. District Judge Drew B. Tipton ruled that the states failed to demonstrate financial harm caused by the humanitarian parole program, which admits up to 30,000 asylum seekers each month from the specified countries. The program aims to offer lawful pathways while reducing unauthorized border crossings. The White House hailed the ruling, emphasizing the program’s role in addressing labor shortages and enhancing border management. Despite the legal challenge, over 357,000 individuals have benefited from the program, with Haitians being the largest group. The decision underscores the administration’s use of parole authority for urgent humanitarian reasons or significant public benefit, marking an important victory for immigration advocates and the migrants they serve.

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

Notes:

How unhinged was Texas’s parole challenge?  U.S. District Judge Drew B. Tipton is a Trump appointee, certainly not known for being sympathetic to migrants or the Biden Administration. Previously, he probably was best known for his attempt to block the so-called “Mayorkas Memo” on prosecutorial discretion, which decision later was overturned by the Supremes. See, e.g.https://immigrationcourtside.com/2021/08/19/%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8f%f0%9f%a4%aetexas-style-racism-trumpy-usd-judge-tipton-in-bid-to-take-over-ice-reinstate-gonzo-white-nationalist-enforcement-directed-at-comm/.

Biden must step up on reception and resettlement. This should be a huge “win-win” for the Administration and the nation. With some states, localities, and NGOs already doing the “heavy lifting,” what’s needed is White House leadership and resources! That’s exactly what Heidi Altman of NIJC and other experts recommend with a White House Task Force.  See, e.g.,https://immigrationcourtside.com/2024/03/10/%F0%9F%A4%AE-the-presidential-candidates-are-feeding-us-fear-driven-bs-%F0%9F%92%A9-on-the-border-w-o-meaningful-pushback-from-the-complicit-media-get-some-constructive-practical-humane/. 

But, without new expert, dynamic “kick ass” leadership, empowered to supersede those currently bobbling this program at the national level, it will remain a sore point, a horrendous missed opportunity for the Administration, and a “de-energizer” for his core progressive supporters. 

Come on, Joe, lead and build on the good work already done by your friends, rather than undermining it by spreading the fears and parroting “lite” versions of the xenophobic approaches of your opponents! Instead of challenging Trump to join you in “closing the border to asylum seekers,” invite everyone to join you in developing and implementing humane, achievable, solutions for fairer and more efficient asylum processing at the border and elsewhere!

Biden must “lose the Miller Lite BS on the border” and tout his successes, like the parole program. Joe, Joe, Joe! Think it through! Trump is going to “win” the “race to the bottom on the border” because he’s a natural “bottom dweller.” So, you need to pivot and emphasize and expand upon the positive things you have done to solve migration problems, like these parole programs! 

Additionally, as recently pointed out by David J. Bier of the Cato Institute, your legally and morally correct decision to eliminate the scofflaw Title 42 “bogus border closing” has resulted in an unprecedented drop in the “number of known successful evasions of Border Patrol (“gotaways”) [which] have fallen to just 800 per day in fiscal year 2024.” See  https://substack.com/redirect/a275d25f-333e-4e38-9951-2b452d9b1ea3?j=eyJ1IjoiMXNlNzhtIn0.8hVV2FxILD3e6tMtjfLdJqJhstwOJgxvhGPCBO-pvCg.

Logically, re-opening ports of entry for asylum claims (despite the huge widespread problems with “CBP One”) and incentivizing those who can’t wait at the ports to turn themselves in to CBP in an orderly manner for asylum screening after crossing elsewhere (despite both physical impediments and artificial legal obstacles to doing so) works to reduce the number of those seeking to avoid screening! This is directly contrary to the nativist blather surrounding Title 42!  

As Bier says, “This should force the many members of Congress and the administration who opposed ending Title 42 to rethink their position.” While there is zero chance that the GOP will do this, because their position is based on spreading fear and xenophobia for perceived political gain, you and your advisors should reverse your disastrous public stance on how to best promote real, durable, achievable border security.

As Heidi and others have cogently suggested, future success will come from investing in better asylum screening, processing, adjudication, and resettlement, NOT from bombastic threats to “close the border” and effectively eliminate the fundamental right to seek asylum! 

🇺🇸 Due Process Forever!

PWS

03-11-24

 

🤯☠️ SURPRISE (NOT): SPINELESS 🐥 DEMS, BIDEN ADMINISTRATION, REPORTERS AFRAID TO CONSULT EXPERTS, HEAR FROM THOSE THEY DEHUMANIZE & CONDEMN! — Report By Todd Miller @ The Border Chronicle! — “It is for those who view politics as merely a game to be won rather than a moral terrain to advance the greatest good of all people. If you were to take this logic to its extreme, Democrats could also support an abortion ban or decertify the 2020 election. I mean, where does it end? President Biden could get that face-off surgery and become Trump himself.”

Border Death
Spineless Dem politicos think that by ignoring the deadly human consequences of their sell-out to the nativist right, they will escape moral accountability. This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.
Todd Miller
Todd Miller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

https://open.substack.com/pub/theborderchronicle/p/the-bipartisan-border-consensus-moves?r=1se78m&utm_medium=ios&utm_campaign=post

The Bipartisan Border Consensus Moves Right: A Q&A with Media Analyst Adam Johnson

“I went through dozens of reports, scores of articles, on the discussion of this migration bill, and the reporters talked to zero migrants and zero migrant rights groups.”

TODD MILLER
FEB 22

In recent weeks, longtime media analyst Adam Johnson has been looking through scores of articles and analyzing Democrats’ rhetoric to see how the border was being framed. One of the texts he looked at was the emergency national security supplemental bill that emerged for a vote on the Senate floor. This bipartisan border bill had been at the negotiation table for months, and it included provisions for military aid for Ukraine and Israel. The bill was ultimately voted down, after Donald Trump rejected it and the Republican Party followed suit. In our conversation, Johnson talks about his deep dive into the coverage surrounding the deal, and he speculates on what that means in this election year: that Democrats have entered new political terrain around the border and immigration enforcement. This interview is based on articles Johnson wrote for The Real News (“Media ‘Border Deal’ Coverage Erases Actual Human Stakes) and The Nation (“The Democrats’ Hard-Right Turn on Immigration Is a Disaster In Every Way”), both places that he contributes to regularly. He also wrote “Top 10 Media Euphemisms for Violent Bipartisan Anti-immigrant Policies,” at his Substack, The Column. Johnson cohosts the popular podcast Citations Needed, where they discussed the border on their February 21 edition. Johnson’s media analysis spans back nearly a decade, much of it for Fairness & Accuracy in Reporting.

Adam Johnson
Adam Johnson

Let’s start with the “border deal.” In The Real News you write that it dehumanizes migrants. Can you tell us a little bit about what the border deal is, and some key points about the coverage?

It’s a Republican border deal by framing and admission. Senators Chris Murphy, Tina Smith, and Mark Warner have framed it as a Republican border deal. Almost entirely. It is a 90 to 95 percent Republican deal in nature. They’ve repeatedly said that Republicans demanded XYZ and they gave them XYZ. This is how they’re framing it, because otherwise the hypocrisy gotcha doesn’t really work.

Can you clarify what you mean by “hypocrisy gotcha”?

If it’s not an overwhelming Republican bill, then the idea that they’re abandoning their won bill in service of Trump—which has been their primary gotcha—doesn’t make sense.

But let’s look at the substance of what the bill is.

Among other things, it has $8 billion in emergency funding for ICE, which more than doubles ICE’s enforcement budget. Do you remember “abolish ICE,” back five years ago or so?

It includes $3 billion in increased detention, a mechanism to shut down the border, and $7 billion to Customs and Border Protection, including the continuation of Trump’s wall. And so this is both objectively and how the Democrats describe a far-right Republican bill. That’s the appeal of it.

And the clever idea behind this is that a typical triangulation, that is, if you take a right-wing policy and adopt it as your own, you therefore take away that issue a little quicker come election time. It is for those who view politics as merely a game to be won rather than a moral terrain to advance the greatest good of all people. If you were to take this logic to its extreme, Democrats could also support an abortion ban or decertify the 2020 election. I mean, where does it end? President Biden could get that face-off surgery and become Trump himself.

. . . .

All this is laundered through euphemism, which I wrote about on my Substack and in The Real News, where I talk about the various ways in which the human costs are obscured. According to the International Organization for Migration, the U.S.-Mexico border is the deadliest land crossing in the world. And so if you double the enforcement, and triple the broader security apparatus, bring in more surveillance drones, more weapons, invariably more people will die. There is a real human cost to this type of militarization.

. . . .

Keep in mind, too, that Biden in 2020 mobilized a lot of the immigration activists who opposed Trump’s policies. He rode that wave to pick up a lot of young votes, a lot of progressive voters, a lot of people who are sympathetic to or adjacent to immigrant communities. And this cruel policy shift has really moved them to the right. In the days after Democrats embrace this hard-right bill, Trump began to double down on things like internment camps, shipping off immigrants, because he has to differentiate himself from the Democrats, at least rhetorically.

We’re gonna have this fortress America mentality. No one wants to deal with any of the underlying issues. And we have to deal with global inequality. No one wants to deal with climate change. That’s too egg heady and academic and difficult. We’re just going to do what we always do, which is cops and cages. And cops and cages are the solution to every social ill, whether it’s homelessness, crime, or whatever. That’s the order of the day. The bipartisan consensus. Democrats and Republicans both want it. The worst place for a vulnerable group to be is on the business end of a bipartisan consensus.

. . . .

Many Border Chronicle readers are interested in shifting the narrative. But how do you shift the narrative? Is it just too entrenched?

Some members of Congress have pushed back on this. But I think they’ve been pretty quiet. Alexandria Ocasio-Cortez pushed back in an interview, but I don’t think she’s really tweeted about it. Once you have this “we have to defeat Trump in 2024 above all else,” then everybody shuts up and goes along with it.

And I think that’s absolutely wrong. I think now is the time to stand up to this demagoguery. Adopting a Republican bill is not the solution. And, hopefully, if enough people stand up to this, then it can become politically costly for Democrats to continue doing this.

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

Read the full report at the link.

The worst place for a vulnerable group to be is on the business end of a bipartisan consensus.

These days, on immigration issues the term “bipartisan consensus” is actually a  euphemism for “Dem giveaway of others’ rights to GOP nativists.” And, of course, even after the giveaway, the GOP shows absolutely no interest is such one-sided “bipartisanship” because Der Fuhrer tells them they must vote it down.

Yet, the disingenuous media and pundits keep misusing the term “bipartisanship” as if it had real meaning! And, although holding power in two of the three political branches, while the GOP struggles mightily to cling to its narrow margin in one, Biden and the Dems “wimp out” time after time on immigration, human rights, and racial justice.

The GOP proudly advertises that it has no values beyond whatever Trump wants on any particular day.

By contrast, Dems claim to have values. But a campaign being run against those professed values and their own core voters suggests that they too have become a “transactional party of no enduring values.” 

Does America really need two political parties that stand for nothing beyond gratuitous cruelty to others and getting elected?

“Go along to get along.” Unhappily, that’s what today’s Dems appear to stand for. 

Frankly, that has been at the heart of many of the problems at EOIR, particularly in Dem Administrations that were afraid of taking the bold and sometimes controversial actions necessary to change culture, institutionalize due process, fundamental fairness, and best practices. Current AG Merrick Garland is a classic example of this failed Dem model. As a result, EOIR is a dramatically dysfunctional and unjust agency.

Will the Democratic Party keep mindlessly following in EOIR’s footsteps? What’s it going to take for the next generation of Democrats to halt the slide into moral vapidity and political irrelevance?

🇺🇸 Due Process Forever!

PWS

02-23-24

⚾️🤯 “CAN’T ANYBODY HERE PLAY THIS GAME?” — BIDEN’S “BUSH LEAGUE” DISSING OF ASYLUM SEEKERS & THEIR PROGRESSIVE SUPPORTERS COULD BE “STRIKE THREE” FOR OUR DEMOCRACY!😞 — Baseball Is A Great Example Of How Biden’s “Miller Lite” Approach To Immigration & Ignoring The Experts Is Wrong & Costly! — “[T]here are no curses except those that are self-inflicted by cheap, regressive thinking.”🤯

Casey Stengel
“The Dems’ wrong-headed “Miller Lite” approach to immigration and the border would leave Casey scratching his head. With “major league talent” available, they have put an “amateur night at the Bijou” team on the field for what is perhaps the most important season in modern American history!
PHOTO: Rudi Reit
Creative Commons

https://www.washingtonpost.com/opinions/2024/02/21/baseball-immigrants-diversity/

Jaswinder Bolina writes in WashPost:

As a former president of the United States excoriates immigrants for “poisoning the blood” of our country, as the governors of Texas and my current home state of Florida bus and fly migrants to points north — including my hometown, Chicago — my thoughts turn to baseball.

. . . .

While that inhospitable bunch has been villainizing migrants and refugees as a strain on U.S. resources, I have been marveling at how much foreign-born players have enlivened (and enriched) baseball in recent decades. Far from being poisoned, the sport has been rejuvenated by infusions of immigrants from Ohtani to Soto to Ronald Acuña Jr., Yordan Álvarez, Ha-Seong Kim, the Cubs’ Seiya Suzuki and so many others.

As these non-White non-Americans wow — and earn — millions with their transcendent talents, in a sport still emerging from its startlingly racist past, bigoted fictions about the “blood of our country” are being exposed. It’s true that baseball is still struggling with exploitative international recruiting practices, decreasing numbers of U.S.-born Black players and a lack of diversity among its executive ranks. Yet the increasing number of foreign-born major leaguers now counted among the best in the game’s long history dispels the self-aggrandizing myth that the United States possesses any monopoly on excellence.

The Republican presidential front-runner might argue that undocumented migrants and refugees aren’t elite athletes and are instead “animals” arriving from “s—hole countries.” But such dehumanizing insults are not only guilty of offensive fixation on national origin, ethnicity and race. They also mistake a person’s predicament for a person’s potential.

This is made plain by the origin stories of some of baseball’s biggest stars. Those same players who fashioned makeshift mitts out of milk cartons and cardboard, who rose to the game’s highest levels through arduous, harrowing and near-tragic journeys, might have languished on the other side of a barbed and militarized wall if this country’s right wing had its way.

The politicians who would build those walls, who attack immigrants for supposedly burdening our national resources, need only consider baseball’s explosive growth into a $10 billion industry and the financial value of Ohtani alone to the Dodgers — some estimate the team could make more than $1 billion off his deal over the course of a decade — to see that industries and economies thrive by inclusion, not exclusion.

Even so, ideologues seek to end inclusive practices in private industry and public education. They guarantee endless winning and new revolutions by promising to slash resources and wall off our country — all while whiffing on the most rudimentary of winning principles understood by most every baseball fan in America:

Great teams are made great by deep, diversified rosters. They are built on investment in both homegrown and international talent. And there are no curses except those that are self-inflicted by cheap, regressive thinking.

As the Republican presidential primary churns toward that party’s national convention, coincidingthis July with baseball’s annual All-Star Game, all of this will be evident to anyone ready to take a break from the campaign, take a seat in the bleachers and take in the world’s greatest ballplayers thriving at America’s game.

Jaswinder Bolina is a poet and essayist. His latest book is “English as a Second Language and Other Poems.”

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

Read the full op-ed at the above link!

“Mistaking a person’s predicament for a person’s potential!” That’s exactly what Biden’s new-found attacks on asylum seekers and their advocates (his 2020 supporters!) are doing!

Biden is flying in the face of the sage advice for running on a pro-immigration, pro-asylum, pro-rule-of-law platform cogently set forth by Beatriz Lopez on Substack and reposted here on Courtsidehttps://immigrationcourtside.com/2024/02/21/%f0%9f%91%82listen-up-biden-campaign-dems-a-dynamic-latina-leader-%f0%9f%a6%b8%f0%9f%8f%bd%e2%99%80%ef%b8%8f-has-the-formula-for-success-%e2%9c%8c%ef%b8%8fon-immigration-in-2024-sequence/.

It’s not quite too late for Biden to start fixing the asylum and resettlement system at the border and elsewhere so it works in a fair and timely manner for America and forced migrants. But, he can’t do it with the lame advice he’s getting from his advisors, his own moral relativism, and the failed leadership at DOJ and DHS. He needs to move the “bush leaguers” aside, bring in, and pay attention to, some “major league talent” before it IS too late. See, e.g.,https://immigrationcourtside.com/2023/12/19/%E2%9A%96%EF%B8%8F%F0%9F%A4%AF%F0%9F%91%A9%F0%9F%8F%BD%E2%9A%96%EF%B8%8F%F0%9F%91%A8%F0%9F%8F%BB%E2%9A%96%EF%B8%8F-as-garlands-backlog-hits-3-million-way-past-time-to-clean/.

It’s painful to watch the errors pile up and the game slipping away from the Dems! 😣 Meanwhile, rather than being out there helping unify and re-elect Biden and Harris, advocates are marshaling their resources and considerable energy to fight tooth and nail in courts against the Administration’s apparent bone-headed intention to violate asylum law and human rights with illegal asylum bars! Energizing former core supporters to fight against your inane and immoral actions during an election year: A “strategy” that only inept, tone-deaf Dem politicos could love!

🇺🇸 Due Process Forever!

PWS

02-22-24

☠️ THE REAL BORDER CRISIS HAS NOTHING TO DO WITH THE BS 💩 BEING HURLED BY POLITICOS & THE MEDIA! — Todd Miller Reports From The Border For The Border Chronicle — “‘Border crisis’ rarely refers to people like the injured, sick, wet, and shivering asylum seekers at the border, who on Saturday included children and pregnant women.”

Asylum seekers walk along the border wall near Sasabe in 34-degree weather after snowfall on February 10. (Photo credit: David Damian Figueroa)
Asylum seekers walk along the border wall near Sasabe in 34-degree weather after snowfall on February 10. (Photo credit: David Damian Figueroa)
Todd Miller
Todd Miller
Border Correspondent
The Border Chronicle
PHOTO: Coder Chron

 

https://open.substack.com/pub/theborderchronicle/p/what-is-the-border-crisis-a-snowstorm?r=1se78m&utm_medium=ios&utm_campaign=post

. . . .

During the week, the term “border crisis” was featured prominently in the national airwaves in both political rhetoric and media coverage. Perhaps the term would be appropriate and accurate if it referred to people freezing in the snow and rain, or dying crossing the desert in the summer. Yet, even though thousands have died crossing the world’s most dangerous land border—including record numbers in the past two years—this is almost never mentioned in media reports on the “border crisis.” Instead, the most prominent “crisis” is the right wing narrative of an overrun, open border. Everything else follows. The Border Patrol is overwhelmed. The enforcement apparatus is overwhelmed. Washington is overwhelmed. An NBC headline alarmingly suggested that ICE and CBP might have budget shortfalls, or entirely run out of money (spoiler: that’s not going to happen). “Border crisis” has been used so frequently that it has become both abstract and mind numbing, a term deployed either to gain political points or to justify more funding for border and immigration enforcement, which has received more than a hefty $400 billion since DHS opened its doors in 2003. “Border crisis” rarely refers to people like the injured, sick, wet, and shivering asylum seekers at the border, who on Saturday included children and pregnant women.

Perhaps instead of portraying the border as in crisis, we should say that the border, by its very design, creates crisis. I thought about this on Monday when I went down with a group of Green Valley Samaritan volunteers to where the asylum seekers had crossed. The snow was gone, but the mud puddles were not. The makeshift camp where many of the 400 people had stayed was empty. I kneeled by a tent made of aluminum blankets where a single kid’s sandal was on the ground. I meditated on that sandal and wondered how many times I’d seen this same scenario over the decades in Arizona—a kid’s Mickey Mouse suitcase, a stuffed animal, a small pair of pants or a shirt—in places where people had camped. How many times had I seen the electrolyte bottles, black bottles, empty tin cans in desolate places of the desert where people couldn’t possibly carry enough water to get where they were going?

A child’s sandal left behind at the makeshift camp along the border near Sasabe on February 12. (Photo credit: Todd Miller)
A child’s sandal left behind at the makeshift camp along the border near Sasabe on February 12. (Photo credit: Todd Miller)

The border is designed to create crisis; that is the deterrence strategy. Right next to the camp were two idly parked Caterpillar excavators, presumably used to construct the border wall. Staring at them over the tents and makeshift shelters, I assumed that it was machinery from Spencer Construction—a company that received more than $600 million in contracts from CBP in the summer—for “border maintenance.” Now Spencer construction crews cruise up and down the border road, “filling in the gaps” of the border wall, as the Biden administration puts it. They filled in one such gap much closer to Sasabe several months ago, and now people crossed much farther away. With its focus on enforcement, the now-rejected border bill would have injected $14.4 billion into CBP and ICE (on top of a 2024 budget that was already more than $28 billion), including more funds for wall construction. Also included in the bill was money dedicated to surveillance technology, such as more autonomous towers (in addition to the nearly 400 such towers already installed), and the further digitization of the border, including systems for taking DNA samples from border crossers, and ground and maritime drone systems (yes, boat drones). Detention Watch Network describes the bill’s proposed expansion of ICE’s detention and deportation apparatus as the “largest appropriation of funds for immigration detention custody and surveillance operations in ICE’s history,” which included a daily capacity for detainment rising from 34,000 people to 50,000. Mind you, many of ICE’s detention facilities are run by private companies, so, as with surveillance, the profit motive is always lurking behind the scenes.

In short, the bill was what GOP lawmakers wanted, yet they rejected it. Democrats such as Chuck Schumer and Kyrsten Sinema (or excuse me ex-Democrat, now independent) lamented that Republicans weren’t taking the border seriously—an accurate critique, since the bill was only offering more fortification, including an unprecedented provision that gave Washington the authority to shut down the border (though it was unclear what closing the border meant exactly). Even more confusing was that Donald Trump opposed ramping up enforcement. It all makes sense, however, when the election is considered: Trump wants to run against Biden on this issue, but he can hardly do that if Biden is pounding the iron fist. As ABC News reported, “Trump probably still does benefit politically from a protracted [and manufactured!] border crisis.” However, Senator Chris Murphy, who was the chief Democratic negotiator for the bill, wrote: “Republicans can’t claim that the border is in crisis and then vote against the bipartisan bill, written by their own leadership, that would fix the problem.” He concluded, “Quite simply, we risk losing the 2024 election if we do not seize this opportunity to go on offense on the issue of the border and turn the tables on Republicans on a key fall voting issue.” The Senate Democrats took Murphy’s challenge and went on the offensive with a slick video on Twitter showing Democrats as hardline border enforcers. For his part, Biden stated, “Every day between now and November the American people are going to know the only reason the border is not secure is Donald Trump and his MAGA Republican friends.” In other words, the so-called border crisis has become a race to see which candidate can better fortify the border.

As for the people freezing and in various states of medical distress, this border cold war (and the proposed border bill) only makes matters worse. On top of that, according to a press release by No More Deaths on Saturday, Border Patrol agents told the humanitarian aid organization that they were “informed of the situation,” of people stranded in potentially life-threatening conditions, “but did not plan to drive out to address it.” Volunteers began to transport people from the border wall to the Border Patrol substation, also known as its processing center, so refugees could turn themselves in. Volunteers reported that Border Patrol agents in Sasabe detained and threatened them, and took pictures of their driver’s licenses. At one point there was a “rolling roadblock” of Border Patrol trucks. One volunteer reported a situation in which two agents spoke to them at “yelling volume” that seemed to be “backed with a bunch of anger.” The agents told the volunteers that they were “breaking the law” and threatened to arrest them and impound vehicles. But the volunteers persisted, driving the 15 miles or so back to retrieve more people. More and more asylum seekers assembled in front of the Border Patrol processing center. Eventually, the school in Sasabe was opened as a temporary shelter for the night. By the end of the day, the humanitarian aid organizations evacuated every person from the border. On Sunday morning all migrants were in Border Patrol custody. And as Arizona Public Media reported, “Seemingly at odds with the aid workers’ account, Customs and Border Protection says they prioritized the humanitarian response to the migrants abandoned in the cold.”

By the time I arrived on Monday, the real crisis had come and gone. There was the shoe, the blankets now drying on the mesquite trees, the construction workers driving up and down the road in their vehicles, and a 30-foot border wall meant to push people further into the desert. No More Deaths and Samaritans volunteers cleaned up the mess in the aftermath. What played out was not just a battle between humanitarian aid and the Border Patrol. It was a battle over what the crisis really was.

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

Read the complete article at the link.

Sigh! 😮‍💨

So, our brave nation and our courageous leaders are “existentially threatened” by a bunch of desperate unarmed people patiently waiting in misery to turn themselves in to the Border Patrol for asylum screening because our Government can’t process them in a fair and timely manner through legal ports of entry as required by law! That’s despite the relative predictability of flows of forced migrants and their slow progress toward the border.

If our “intelligence” services can’t foresee very public flows of forced migrants northward, and our nation can’t prepare to fulfill our legal and moral obligations to our fellow humans, Lord help us!

$600 million for annual “border maintenance,” but not enough trained Asylum Officers to screen asylum seekers at ports of entry? $28 billion for ineffective “deterrence,” but they can’t run resettlement programs that get asylum seekers and those granted asylum to the many places in the U.S. that need their skills? Gimmie a break!

This is the human face 😢 of our shameful and preventable bipartisan failure to meet our legal, humanitarian, and moral obligations to forced migrants at the border and elsewhere! No wonder cowardly politicos and complicit media don’t have the guts to “look their victims in the eye!”👁️ 🐥

And, the failed bogus bipartisan Senate bill that the Administration and many Dems tout and the media fawn over, would have done ABSOLUTELY NOTHING  to solve this real humanitarian crisis at the border. Indeed, as almost all real border experts agree, it would have made the suffering and dereliction of duty by our Government immeasurably worse for these our fellow humans in need!

Thanks to folks like Todd Miller and Melissa del Bosque for bearing witness, speaking truth, and refusing to let our nation’s grotesque abuses of, and intentional misrepresentations about, forced migrants be swept under the carpet.

 

Border Death
Cowardly U.S. politicos and the media don’t want to take responsibility for the foreseeable deadly consequences of their chronic border failures. They would rather see their victims dead and buried, preferably on the other side of the border where they will be “out of sight, out of mind!” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

🇺🇸 Due Process Forever!

PWS

02-16-24

🎁 CATHERINE RAMPELL @ WASHPOST “CHANNELS” LOPEZ & SCHMIDT —  THE MIGRANT “SURGE” IS A GIFT TO AMERICA’S ECONOMY & TO DEMS: Will Latter Be Able To  “Quit The Miller Lite” & Get Back “On Message?” — Tuesday’s Dem Victory In NY Could Be An Opportunity ONLY IF Dems Ignore The Mainstream Media & Showcase Sane, Humane, Solutions! — How About “Judges Without Borders?” — The Disgusting Immorality & Irresponsibility Of The Media!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post
PHOTO: Linkedin

https://www.washingtonpost.com/opinions/2024/02/13/immigration-economy-jobs-cbo-report/

Catherine writes in WashPost:

As the economy has improved and consumers have begun recognizing that improvement, Republicans have pivoted to attacking President Biden on a different policy weakness: immigration. After all, virtually everyone — Democrats included — seems to agree the issue is a serious problem.

But what if that premise is wrong? Voters and political strategists have treated our country’s ability to draw immigrants from around the world as a curse; it could be a blessing, if only we could get out of our own way.

Consider a few numbers: Last week, the nonpartisan Congressional Budget Office released updated 10-year economic and budget forecasts. The numbers look significantly better than they did a year earlier, and immigration is a key reason.

The CBO has now factored in a previously unexpected surge in immigration that began in 2022, which the agency assumes will persist for several years. These immigrants are more likely to work than their native-born counterparts, largely because immigrants skew younger. This infusion of working-age immigrants will more than offset the expected retirement of the aging, native-born population.

. . . .

Instead, GOP lawmakers scaremonger about the foreign-born, characterizing immigration as an invasion. As Rep. Mike Collins (R-Ga.) dog-whistled last week, “Import the 3rd world. Become the 3rd world.”

Alas, the faction working to turn the United States into a developing country is not immigrants but Collins’s own party. It’s Republicans, after all, who have supported the degradation of the rule of law; the return of a would-be dictator; the gutting of public education and health-care systems; the rollback of clean-water standards and other environmental rules; and the relaxation of child labor laws (in lieu of letting immigrants fill open jobs, of course).

America has historically drawn hard-working immigrants from around the world precisely because its people and economy have more often been shielded from such “Third World”-like instability, which Republican politicians now invite in.

Ronald Reagan, the erstwhile leader of the conservative movement, often spoke poignantly of this phenomenon. In one of his last speeches as president, he described the riches that draw immigrants to our shores and how immigrants in turn redouble those riches:

Thanks to each wave of new arrivals to this land of opportunity, we’re a nation forever young, forever bursting with energy and new ideas, and always on the cutting edge, always leading the world to the next frontier. This quality is vital to our future as a nation. If we ever closed the door to new Americans, our leadership in the world would soon be lost.

— https://www.reaganlibrary.gov/archives/speech/remarks-presentation-ceremony-presidential-medal-freedom-5

Reagan’s words reflected the poetry of immigration. Since then, the prose — as we’ve seen in the economic numbers, among other metrics — has been pretty compelling, too.

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

Read Catherine’s full article at the link. Compare it with the observations that Beatriz Lopez and I recently made in Substack and Courtside about Dem short-sightedness on immigration, particularly in light of all the “good stories” about immigrants that Dems are afraid to tell out here. See  https://immigrationcourtside.com/2024/02/13/🤯dems-miller-lite-strategy-🤮-could-spell-disaster-☠%EF%B8%8F-in-november-time-to-regrow-spines-put-fight/.

Already the media are “at it again,” most attributing Democrat Tom Souzzi’s easy win over his GOP opponent for the House seat vacated by George Santos to his “move right” on immigration. But, as Catherine suggests above, “what if that premise is wrong?”

There is certainly support for a more nuanced view, both anecdotally and in polls.  “Suozzi, [a voter]  said, would ‘protect us but also be fair to those who are seeking asylum.’” https://www.washingtonpost.com/elections/2024/02/13/new-york-district-3-special-election-george-santos/. Sadly, and outrageously, the so-called Senate “compromise” border bill that Souzzi touted and which has become the “darling” of the tone-deaf mainstream media does neither. Not even close!

Yet, supposedly responsible journalists are falling all over themselves touting the benefits to Dems of a horrible “Miller-Lite” bill that essentially would have destroyed the right to asylum while turning the border over to cartels and smugglers to exploit some of the world’s most vulnerable who are victims of our own failings. Today’s wrong-headed WashPost editorial is a particularly egregious piece of such media sophistry. https://www.washingtonpost.com/opinions/2024/02/14/immigration-border-suozzi-mayorkas-special/.

We don’t have to “guess” at the human consequences of the nativist-inspired “bipartisan” non-solution at the border being trumpeted and glorified by Post editorialists safely ensconced in their “ivory tower!” We know! The results of recent half-baked attempts to close the border and eliminate asylum seekers are clear and well documented: death and human carnage inflicted on legal asylum seekers! See, e.g.https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjq1pmw_qWEAxUwL1kFHUbSDMIQFnoECBAQAw&url=https://www.americanimmigrationcouncil.org/research/migrant-protection-protocols#:~:text=According%20to%20Human%20Rights%20First,individuals%20sent%20back%20under%20MPP.&usg=AOvVaw2ehZRBR_jXYoI41NZZN2DK&opi=8997844.

We also know that abuses of forced migrants at our borders fall disproportionately on the who are Black, Hispanic, or other people of color. See, e.g., https://humanrightsfirst.org/library/card-us-discrimination-against-black-migrants-refugees-and-asylum-seekers-at-the-border-and-beyond/ .

So, here’s a more intellectually honest “rewrite” of today’s lead editorial:

POST EDITORIAL BOARD: Death, Murder, Rape, Torture, Assault, Robbery, Extortion, Kidnapping of Hispanics, Blacks, Other Forced Migrants A Small Price To Pay For Bipartisan Deal To Outsource Migration To Gangs, Cartels, and Traffickers!

We Must Not Only “Turn Away The St. Louis,” But Torpedo It So Every Man, Woman, & Child Goes To The Bottom Where They Will Be Effectively Deterred From Ever Again Invoking Our Laws & Moral Obligations!

Nowhere, and I repeat nowhere, are the voices of those with decades of actual hands on experience working with migrants at the border, and the voices of those migrants themselves, being heard and heeded in this “non-debate” that resulted not in a “compromise” but in a “human rights giveaway.” What gives us the right to arrogantly and immorally give away rights and human lives that are NOT ours in the first place as if they were “table favors at a political fundraiser?“

As Beatriz so pointedly said:

Hanging above our heads like a Florida cockroach threatening to fly into our faces was the fact that the Biden administration, Majority Leader Chuck Schumer, Senator Chris Murphy, and Democrats who voted for the bill had officially moved the goalpost on immigration.

Thanks to the moral vapidity of Dem politicos and the Administration the “game” for the lives, rights, future, and human dignity of asylum seekers is now being “played” between the “Good Guys’”goal line and their ten yard line! We are being offered a “choice” between “cruel and stupid” and “crueler and dumber!” Certainly, the Dems and our nation could and should do better!

Supporting fairness, orderly processing, and actions that protect asylum and the community would be a far more prudent choice for Dems than the virulent “death to asylum craze” (the unstated part of which is that it also means “death to asylum seekers”) that currently seems to be “in vogue” with both parties and mindlessly hyped by the media. 

It’s quite possible that Souzzi won not because of his extreme position on asylum, but because his position was “less extreme” that that of his GOP opponent and her openly xenophobic party. This conclusion is actually supported by polls that show that while most voters understandably want “order at the border,” they also want to protect the right to claim asylum and a fair process for doing so. See, e.g.https://wp.me/p8eeJm-9hU.

There is opportunity here for Dems to change minds and create a stronger coalition for asylum seekers and other immigrants. NGO experts like Beatriz Lopez need to partner with Congressional Dems who understand asylum and the border (like Rep. Hillary Scholten (D-MI) and Rep. Joaquin Castro (D-TX)) to reach out and meet with Rep. Souzzi and others like him to explain practical solutions and useful changes at the border that would create order while maintaining and enhancing fair and timely asylum processing. 

Among these is the low-budget, common sense proposal advanced by retired Wisconsin Judge Thomas Lister and me for “Judges Without Borders,” essentially “leveraging” voluntary service by trained, retired State and Federal Judges to work with groups informing and advising individuals before they make the dangerous journey to our Southern Border. Budget-friendly humane solutions that can reduce the pressure on the border should be a bipartisan winner. Read more about our proposal here! See https://immigrationcourtside.com/2023/12/13/%F0%9F%91%A9%F0%9F%8F%BD%E2%9A%96%EF%B8%8F%F0%9F%91%A8%F0%9F%8F%BB%E2%9A%96%EF%B8%8F-%E2%9A%96%EF%B8%8F%F0%9F%97%BDjudges-without-borders-an-innovative-op/

Beyond that, advocates must explain and model how migrants themselves can help resolve the problems facing Rep. Souzzi’s district and improve the quality of life for all. They must show how migrants are “part of the solution,” perhaps, for example, by establishing public-private partnerships that would involve migrant communities in constructing high-quality, attractive affordable housing that would help the entire community. Working on various civic improvement projects might also be a mutually beneficial option.

Advocates, NGOs, and political supporters of migrants must do more than just point to graphs and cite statistics about the long-term economic and societal benefits of immigration. They must actually model and create practical joint projects and expand opportunities for the benefit of migrants and the communities to which they have been relocated. 

Problem-solving needs to be brought into the “here and now” rather than just being presented to U.S. communities as a vague promise of future benefits. My experience is that most people react to what’s before them today rather than than relying on a constructed view of tomorrow, now matter how attractive and statistically supported that future vision might be.

In addition to the misguided “Miller Lite nonsense” from the editorial board and, disappointingly, even the usually responsible and insightful Karen Tumulty, today’s WashPost contained useful observations from Eduardo Porter about the need to get migrants to places in the U.S. where they, their job skills, and their work ethic would be welcomed, appreciated, and useful.

But, both the Biden Administration and Congress have shamefully failed to convert this “low-hanging fruit” into reality. Even worse, that has allowed White Nationalist demagogues like Abbott and DeSantis to waste and divert millions in public funds to make the situation worse and to convert those who want to help America succeed and prosper into hapless “political footballs” being tossed back and forth between GOP nativists and wimpy Dem politicos who long-ago lost their moral bearings. Although NGOs and advocates are weary and overburdened, if they don’t take the initiative to make this happen, on at least some scale, the opportunity will be lost and the nativist myth-makers will prevail.

Only by modeling actual results in real time will we be able to demonstrate the fallacy and counterproductivity of the GOP’s nativist “burden myths.” There’s no time like the present to start!

🇺🇸 Due Process Forever!

PWS

02-15-24

📖 BOOKS: BLITZING ⚡️ BORDER MYTHS & SACKING 🏈 SELECTIVE HISTORICAL AMNESIA — Jonathan Blitzer Takes On Generations Of Official Misconduct, Human Misery At The Border — PLUS: Here’s Your Chance To Hear From Those Migrants Whose Voices Are Ignored By U.S. Politicos & Media, Courtesy Of Immigration Law & Justice Network & The Hope Border Institute!

Jonathan Blitzer
Jonathan Blitzer
American Author & Staff Writer, The New Yorker
PHGOTO: Linkedin

Read Manuel Roig-Franzia’s WashPost review of Jonathan Blitzer’s book “Everyone Who Is Gone Is Here:”

https://www.washingtonpost.com/books/2024/02/05/everyone-gone-here-blitzer-review/

Blitzer’s villains include “[n]umerous U.S. institutions, bureaucrats, and presidents” who supported and enabled “savage governments responsible for vast numbers of people killed — many of them poor and Indigenous.” 

Blitzer has particular contempt for “one of the most ineptly titled American officials ever — the State Department’s assistant secretary for human rights, Elliott Abrams — [who] tried to suppress information about the massacre of 978 people, including 477 children, in the Salvadoran village of Mozote.” Abrams, later was convicted of misdemeanors for withholding information from Congress in connection with the Iran-Contra scandal, but was pardoned by Bush I. 

Our political bureaucracy continues to have infinite capacity for inventing intentionally misleading, mocking titles that directly contravene truth, particularly when it comes to abusing human rights. For example, the so-called “Migrant Protection Protocols” (a/k/a “Remain in Mexico”) were quite specifically intended to unlawfully reject migrants who had established a “credible fear” of persecution! The MPP resulted in numerous “publicly documented cases of rape, kidnapping, assault, and other crimes committed against individuals sent back under MPP.” See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjq1pmw_qWEAxUwL1kFHUbSDMIQFnoECBAQAw&url=https://www.americanimmigrationcouncil.org/research/migrant-protection-protocols#:~:text=According%20to%20Human%20Rights%20First,individuals%20sent%20back%20under%20MPP.&usg=AOvVaw2ehZRBR_jXYoI41NZZN2DK&opi=8997844.

According to U.S. District Judge Jesus Bernal, the MPP “trapped [] asylum seekers in Mexico in dangerous conditions that impeded their ability to access the U.S. asylum system or obtain legal representation.” See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjLgaLW_6WEAxUqFmIAHb5MDlEQFnoECCYQAQ&url=https://immigrationimpact.com/2023/03/24/where-the-migrant-protection-protocols-stand-four-years/&usg=AOvVaw18vgP5kU86mgTigCBEFLNY&opi=89978449%0A%0A.

Among Blitzer’s unsung heroes are “relentless US. immigration advocates,” the late Rep. Joe Moakley (D-MA) who “grasped all the nuances of U.S.-manufactured border crises,” and of course, an “array of migrants” who bravely persevered in the face of treacherous, dishonest, ill-informed, and often deadly U.S. immigration policies intended to “break them” and destroy their humanity. That disgraceful process continues today — on steroids!

The review ends on a perhaps unexpectedly optimistic note:

And yet, after reading Blitzer’s book, one can’t help but think that the impossible might be possible — that maybe, just maybe, this could be fixed. He’s not trying to lay out a set of policy solutions. He’s making a more nuanced plea, a rejection of the “selective amnesia” of politics in favor of a deeper understanding of how we — as a nation and as a region — got here.

It is a book with a “mission,” he writes, a nudge for U.S. decision-makers and a platform for voices on the other side of the border, a “kind of go-between: to tell each side’s story to the other; to find a way to bring the Homeland Security officials into the housing-complex basement; and to allow the migrants in the basement to participate, for once, in the privileged backroom conversations that decide their fate.”

Hopefully, those with the power to change things will listen.

Manuel Roig-Franzia is a Washington Post features writer and formerly served as The Post’s bureau chief in Miami and Mexico.

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

Following up on the last point — the “seldom-heard and never-heeded by our politicos and media” voices of those whose lives and humanity are threatened by our failed policies, this Thursday, Feb. 15, @ 3 PM EST, Immigration Law & Justice Network & The Hope Border Institute will present a free webinar, “Stop The War On The Border: Migrants Speak: 

pastedGraphic.png

Stop the War on the Border: Migrants Speak – Detengan la Guerra en la Frontera: Migrantes Hablan

Date & Time

Feb 15, 2024 03:00 PM in

Description

ILJ Network and our partners invite you to participate in this webinar and hear directly from migrants in the northern Mexican border and the U.S. interior on how restrictions to asylum and humanitarian parole impact their lives.

ILJ Network y compañeros de coaliciones los invita a participar en este evento virtual para escuchar directamente de migrantes, ubicados entre la parte Norte de México y el interior de los Estados Unidos, acerca de cómo dichas restricciones al derecho de asilo y de parole humanitario impactan sus vidas.

Webinar Registration

https://us02web.zoom.us/webinar/register/WN_efx1ZeUqTCmSOVCBNTRxrg#/registration?os=ipad

Information you provide when registering will be shared with the account owner and host and can be used and shared by them in accordance with their Terms and Privacy Policy.

This is very timely! Rarely do we hear from those whose lives, dignity, and safety are being bargained away and devalued as if they were “commodities” at the disposal of disingenuous politicos and interests who have turned their misery and desperation into “profit centers” and political rallying cries.

🏈🏆Finally, on another topic, congrats to Coach Andy Reid, Patrick Mahomes, Travis Kelce, the rest of the Kansas City Chiefs, and “Chiefs’ Superfan” Taylor Swift on their second consecutive Lombardi Trophy and third in five seasons.  As almost everyone in sleep-deprived America knows by now, KC outlasted the SF 49ers in yesterday’s Super Bowl ending with a thrilling overtime finish 25-22!

For everyone else, including my Green Bay Packers, it’s “wait till next season!”😎

🇺🇸 Due Process Forever!

PWS

02-12-24

🧐 GW LAW PROF ALBERTO BENITEZ AMONG EXPERTS REFUTING GOP FALSE CLAIM 🤥 THAT BIDEN CURRENTLY CAN “CLOSE THE BORDER!” 🚫

“NDPA Hall of Famer” GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera

 

https://spectrumlocalnews.com/tx/south-texas-el-paso/news/2024/02/06/president-biden-authority-border-shutdown-

Reena Diamante reports for the Spectrum News El Paso:

. . . .

“A president doesn’t have the unilateral authority to shut down the border. If a president did, the prior president would have done it,” said Alberto Benitez, director of the Immigration Clinic at George Washington University Law School. “Even the prior president, who had a particular perspective on immigration, never shut down the border. There needs to be buy-in from Congress that a border shutdown is necessary, which there never has been.”

. . . .

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

You can read the full article at the link.

Professor Benitez modestly quipped that this was: “My five seconds of fame on Spectrum News!”

You are always in the “NDPA Hall of Fame,” my friend!

🇺🇸Due Process Forever!

PWS

02-10-24

😩TIRED OF PANDERING POLITICOS BASHING HUMAN RIGHTS & DEHUMANIZING BORDER COVERAGE BY THE MEDIA? — Here’s Some Straight Talk On The Border From Migration Expert Harvard Law Professor Gerald L. Neuman! ⚖️🗽 — “There is danger that any new legislation would decrease protection, which would mean that we would be taking no steps forward, and several steps backward, and that nonetheless, issues about migration would remain just as divisive as they are now.”🤯

Professor Gerald L. Neuman
Professor Gerald L. Neuman
J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law
Harvard Law
PHOTO: Harvard Law

https://news.harvard.edu/gazette/story/2024/02/immigration-roars-back-in-headlines-time-finally-come-for-reforms/

Liz Mineo, Staff Writer, interviews Professor Neuman in The Harvard Gazette:

. . . .

What should be done about border security, enforcement, and the immigration court backlog?

In terms of enforcement, there is no easy solution. A border fence is merely a symbol and no solution. Clearly, the adjudication system needs more resources, and adjustments to improve both efficiency and fairness. For both sides, justice delayed is justice denied, and that should be an important part of the focus.

Another priority, contrary to some claims, is to reduce reliance on detention. The U.S. is engaged in arbitrary detention of migrants who really don’t need to be detained; they could be subject to surveillance.

The country should also respect its international obligations not to send people back to countries where they will be persecuted, tortured, or killed. It cannot suspend its international obligations on that front, and it should not openly violate them, as it did under COVID.

What measures should be taken to reduce the flow of migrants into the U.S?

In terms of enforcement, the important point to stress is that this is not an issue that the U.S. can solve unilaterally. There must be a regional solution. It’s obvious to anyone who looks at the logistics of the problem that the solutions depend on cooperation with Mexico. Congress can’t just impose a solution and assume that Mexico will go along with it. More broadly, there are other countries that need to be involved in protecting refugees and in solving some of the problems that lead to migration.

Some experts say the asylum system is a parallel immigration system and that it should be revamped. What’s your take on this?

I’d like to use the term asylum broadly, not legalistically, to cover forms of protection from persecution, killing, and torture. The U.S. asylum system is too opaque and too inconsistent: Valid claims may be rejected, and claims that are made in perfectly good faith may turn out to be invalid.

On the other hand, some people seek desperately to come to the U.S. for reasons that are not covered by asylum, such as poverty, loss of livelihood, or to join family members. The system needs to winnow those claims out while remaining open to valid claims for protection. It would also benefit from greater clarity on which claims are valid, and from more consistent adjudication, but now, the system is not meeting its obligations to persecuted people.

Finally, what are your realistic hopes for changes in immigration policies?

For now, my hopes would be that any new legislation would increase funding and would help give the public the sense that the border situation is being addressed.

And meanwhile that the executive would use the authority that it already has to manage the situation better, including by negotiating with other countries. The executive should resist efforts that obstruct its compliance with its obligations.

There is danger that any new legislation would decrease protection, which would mean that we would be taking no steps forward, and several steps backward, and that nonetheless, issues about migration would remain just as divisive as they are now.

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

Read the full (edited) interview at the link.

“Decrease protection” seems to be a toxic bipartisan goal of Congress and the Administration. What’s preventing it? They can’t agree on the amount of cruelty, suffering, and dehumanization to inflict on vulnerable forced migrants who overwhelmingly seek only to have the USG process their legal claims for protection in a fair and timely manner! That reality has clearly been lost in the rancid, one-sided, often secret “negotiations” in Congress; the insipid statements of the Biden Administration promising more border closures, cruel, inhuman, degrading, expensive, and wasteful detention; and treacherous “bipartisan” abrogation of well-established “life or death” legal rights to fair consideration of claims!

Professor Neuman says “this is not an issue that the U.S. can solve unilaterally.” There is general consensus among migration experts on this fundamental truth! Yet, Congress and the Administration keep pretending otherwise, with little critical, informed “pushback” from the media.

Why isn’t Kristen Welker interviewing Professor Neuman and other migration experts, rather than making “Meet the Press” a “Foxlike Forum” for those promoting White Nationalist lies about the border and national security? Welker hasn’t bothered to inform herself about the human lives and human rights involved with forced migration at the border. Therefore, her feeble attempts to stop GOP nativist politicos from rambling on with their border myths are somewhere between ineffective to pathetic, but certainly must be maddening to anyone involved with assisting the actual humans seeking protection under our dysfunctional legal system!

Remarkably, but not surprisingly, many of Professor Neuman’s points relate directly or indirectly to the failure of AG Merrick Garland (amazingly, a former Article III Circuit Judge) and his lieutenants to reform EOIR and get it working in “real time.” The ideas for fixing EOIR and the enlightened expert leadership to do it are available in the private sector. See, e.g., https://immigrationcourtside.com/2023/12/19/⚖%EF%B8%8F🤯👩🏽⚖%EF%B8%8F👨🏻⚖%EF%B8%8F-as-garlands-backlog-hits-3-million-way-past-time-to-clean/.

Garland’s inexcusable failure to fix EOIR and get it working fairly, professionally, expertly, and in real time is a drag on the Biden Administration immigration policies and an existential threat to our democracy!

Inexcusable indeed! 🤯

🇺🇸Due Process Forever!

PWS

02-08-24

 

😢 CRIES IN THE WILDERNESS: The Voices Of Experience & Reasonableness Are Being Drowned Out By Nativism, Butt-Covering, & Imagined Political Expediency In The One-Sided “Border Debate” Taking Place In The Senate!

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com
Caitlyn Yates Fellow Strauss Center for International Law & Security PHOTO: Strauss Center
Caitlyn Yates
Fellow
Strauss Center for International Law & Security
PHOTO: Strauss Center

This podcast from Melissa Del Bosque of The Border Chronicle and Caitlyn Yates, who actually works with migrants in the Darien Gap, gives real life perspective on the humanitarian crisis and all the reasons why more cruelty, punishment, and deadly deterrence isn’t going to solve the flow of forced migrants. But, unhappily, policy makers aren’t interested in the voices of those who actually have experience with forced migrants, nor are they interested in learning from the forced migrants themselves — a logical — if constantly ignored — starting point for making sound policy decisions!

https://substack.com/app-link/post?publication_id=373432&post_id=139696609&utm_source=post-email-title&utm_campaign=email-post-title&isFreemail=true&r=1se78m&token=eyJ1c2VyX2lkIjoxMDgxNTc5OTAsInBvc3RfaWQiOjEzOTY5NjYwOSwiaWF0IjoxNzAyMzkzMzIwLCJleHAiOjE3MDQ5ODUzMjAsImlzcyI6InB1Yi0zNzM0MzIiLCJzdWIiOiJwb3N0LXJlYWN0aW9uIn0.CSjTGVDSTEoVPMU3vd7l-vjE2t6LYzS6bfkSQ-qMOcU

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

In the Wilderness
Migration and human rights experts have excelled in court and academia. Yet, they have been consigned to wander the political wilderness, their wisdom, expertise, and real world solutions are routinely ignored or mindlessly rejected by both political parties.
Colmar – Unterlinden Museum – The Isenheim Altarpiece 1512-16 by Matthias Grünewald (ca 1470-1528) – Visit of Saint Anthony the Great to Saint Paul the Hermit in the Wilderness
Creative Commons

Four “takeaways” on what a consensus on migration should be:

  1. Human migration is real;
  2. Forced migration is largely beyond the unilateral control of any one nation;
  3. Deterrence alone won’t stop migration;
  4. More legal pathways for migration are necessary.

We’re a long way from that needed consensus right now!

🇺🇸 Due Process Forever!

PWS

12-16-23

🤯 “DESPERATE PEOPLE DO DESPERATE THINGS!”

Rebecca Santana
Rebecca Santana
Homeland Security Reporter
Associated Press
PHOTO: AP

https://www.theitem.com/stories/biden-and-congress-consiering-big-changes-on-immigration,408794

REBECCA SANTANA

Associated Press

WASHINGTON (AP) – President Joe Biden is taking a more active role in Senate negotiations about changes to the immigration system that Republicans are demanding in exchange for providing money to Ukraine in its fight against Russia and Israel for the war with Hamas.

The Democratic president has said he is willing to make “significant compromises on the border” as Republicans block the wartime aid in Congress. The White House is expected to get more involved in talks this week as the impasse over changes to border policy has deepened and the money remaining for Ukraine has dwindled.

Republican Sen. James Lankford of Oklahoma, who is leading the negotiations, pointed to the surge of people entering the U.S. from Mexico and said “it is literally spiraling out of control.”

But many immigration advocates, including some Democrats, say some of the changes being proposed would gut protections for people who desperately need help and would not really ease the chaos at the border.

Connecticut Sen. Chris Murphy, the top Democratic bargainer, said the White House would take a more active role in the talks. But he also panned Republican policy demands so far as “unreasonable.”

. . . .

Critics say the problem is that most people do not end up getting asylum when their case finally makes it to immigration court. But they say migrants know that if they claim asylum, they essentially will be allowed to stay in America for years.

“People aren’t necessarily coming to apply for asylum as much to access that asylum adjudication process,” said Andrew Arthur, a former immigration court judge and fellow at the Center for Immigration Studies, which advocates for less immigration in the U.S.

Some of what lawmakers are discussing would raise the bar that migrants need to meet during that initial credible fear interview. Those who do not meet it would be sent home.

But Paul Schmidt, a retired immigration court judge who blogs about immigration court issues, said the credible fear interview was never intended to be so tough. Migrants are doing the interview soon after arriving at the border from an often arduous and traumatizing journey, he said. Schmidt said the interview is more of an “initial screening” to weed out those with frivolous asylum claims.

Schmidt also questioned the argument that most migrants fail their final asylum screening. He said some immigration judges apply overly restrictive standards and that the system is so backlogged that it is hard to know exactly what the most recent and reliable statistics are.

. . . .

WHAT MIGHT THESE CHANGES DO?

Much of the disagreement over these proposed changes comes down to whether people think deterrence works.

Arthur, the former immigration court judge, thinks it does. He said changes to the credible fear asylum standards and restrictions on the use of humanitarian parole would be a “game changer.” He said it would be a “costly endeavor” as the government would have to detain and deport many more migrants than today. But, he argued, eventually the numbers of people arriving would drop.

But others, like Schmidt, the retired immigration court judge, say migrants are so desperate, they will come anyway and make dangerous journeys to evade Border Patrol.

“Desperate people do desperate things,” he said.

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

Ignoring both the powerful forces that drive human migration and folks who actually work with migrants at the border and in foreign countries seems like a totally insane way to “debate policy.” But, then, whoever said this “nativist-driven debate” on enhanced cruelty, dismantling the rule of law, and de-humanization is rational?

You can read Rebecca’s full article, with an “accessible” explanation of what’s at stake and what’s being proposed at the above link.

🇺🇸 Due Process Forever!

PWS

12-14-23

🇺🇸🗽⚖️ ANDY J. SEMOTIUK @ FORBES: A 5-MINUTE “PLAIN ENGLISH” READ (OR LISTEN)  WITH TRUTH & CLARITY ABOUT ASYLUM & IMMIGRATION POLICY — “In short, national leaders must prioritize bipartisan comprehensive immigration reform and give it enough focus, time and effort for it to be achieved. There is just no other way!”

 

Andy J. Semotiuk
Andy J. Semotiuk,
Esquire
Attorney & Writer
PHOTO: Linkedin

https://www-forbes-com.cdn.ampproject.org/c/s/www.forbes.com/sites/andyjsemotiuk/2023/11/16/the-best-way-forward-on-immigration-reform-in-america/amp/

Three principles are at the core of Andy’s article:

. . . .

International Obligations and Refugee Protection

Key international obligations regarding refugees also play a crucial role in shaping the discourse. The United States, as a signatory to the 1967 Protocol to the United Nations Convention relating to the Status of Refugees, is bound by several obligations, including:

  1. Non-refoulement: Prohibiting the return of refugees to countries where they would face persecution or harm based on their race, religion, nationality, political opinion, or membership in a particular social group.
  2. Access to asylum procedures: Ensuring a fair and accessible process for individuals to seek asylum and present their claims for protection.
  3. Non-discrimination: Preventing discrimination against refugees based on factors such as nationality or place of entry.

. . . .

*************** 

Read the complete article at the link!

I think that the U.S. is in violation of all three of these essential, mandatory legal obligations. 

Gimmicks like Title 42, “Remain in Mexico,” coercive detention, “CBP One,” and artificial roadblocks for those applying between ports of entry have violated and continue to violate our “non-refoulment” obligation.

These provisions, along with conducting interviews in detention settings, improperly limiting access to representation, and “expedited dockets” to limit the ability to prepare and present claims are examples of violations of our obligation to provide “fair access” to our asylum system.

And, by intentionally designing our system to discourage and deny applicants of color from the Western Hemisphere, Africa, and Muslim nations, and imposing illegal higher burdens on those not applying at ports of entry, we clearly are violating the “non-discrimination” requirement.

The GOP answer is simply to double down on the violations and abrogate our domestic and international obligations. While the Biden Administration at least nominally acknowledges these obligations, their actions and policies, some actually carried over or borrowed from the Trump Administration, blatantly undermine these principles of protection. 

Indeed, the whole “movement” by both parties to use the refugee/asylum system for “rejection and deterrence” rather than “enhanced protection” is a “bipartisan legal and moral travesty!”

What if our “number one priority” was what it should be: Establish a world-class, expert, efficient, robust, generous system that is driven by, and true to, these three governing obligations?

Only after achieving that can we discuss and achieve “border security” in a realistic and effective manner! And, it couldn’t possibly be more expensive, in both fiscal terms and human lives cost, than decades of costly failed deterrence gimmicks and schemes! It’s a case of badly screwed up priorities aggravated by political cowardice! 

Institutionalized cruelty, deterrence, and unlawful behavior by our Government has failed to create order at the border and has demonstrably destroyed or diminished human lives. Why not give adherence to laws and to humanitarian values and principles a chance?🤯

We can diminish ourselves as a nation, but it won’t stop human migration!

🇺🇸 Due Process Forever!

PWS

11-25-23

🤯YOU’VE GOT TO BE KIDDING! — Bumbling  Administration “Cans” One Of Few Positive Changes In Asylum Adjudication Process!

 

Hamed Aleaziz
Hamed Aleaziz
Staff Writer
LA Times

https://www.latimes.com/politics/story/2023-04-12/biden-asylum-processing-rule-pause

Hamed Aleaziz in the LA Times:

The Biden administration will pause its signature effort to reform asylum processing at the border, Department of Homeland Security officials confirmed Wednesday.

The so-called asylum processing rule, which the administration launched with great fanfare in 2022, allowed asylum officers to grant and deny asylum to migrants at the southern border.

Administration officials say the pause is a temporary measure designed to ensure that the country’s immigration agencies are prepared for a potential increase in border crossings after the end of Title 42, a pandemic-era policy that allows border agents to quickly turn back migrants.

But critics say the pause signals President Biden’s latest move away from reforming the asylum process and back toward Trump-style restrictions at the southern border.

. . . .

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

Read Hamed’s complete’s article at the link.

Like the term “temporary,” a “pause” is a bureaucratic “term of art” used to deflect attention from what’s really happening. “Pauses” can last indefinitely. If, after two years to work on it, and touting it as a transformational change, the Biden Administration can’t put this fairly straightforward “no brainer” change into effect, it’s not obvious what the “right time” would be!

Granting much more asylum at the AO level nearer to the time of initial encounter is one way of gaining “leverage” and avoiding the EOIR backlog — without stomping on anyone’s rights!  The latter is key! 

I think most experts would say that it should have been much easier to implement this positive change than some of the new, tone-deaf, bone-headed “proposed restrictions” on asylum, re-instituting dehumanizing and problematic “family detention,” and removing 30,000 non-Mexicans per month to potential danger, exploitation, and death in Mexico. These moves are guaranteed to provoke strong opposition as well as generating some rather unhappy publicity when  the situation in Mexico gets out of control, as it inevitably will.🏴‍☠️

Remember folks, the Biden Administration claimed a year ago that it wanted to terminate Title 42 at the border. After an additional year, they still don’t have a plan for following the law! No wonder some critics perceived that the Biden Administration was actually relieved when a right-wing Federal Judge abused his authority to block the ending of Title 42.

Clown Car
Most experts doubt that the Biden Administration has the “right team” (pictured above) in place to restore fair, competent, due-process-compliant asylum adjudication at the border or anywhere else!
PHOTO CREDIT: Ellin Beltz, 07-04-16, Creative Commons License, https://creativecommons.org/licenses/by-sa/4.0/. Creator not responsible for above caption.

Instead of preparing, planning, and “knocking some heads” within the bureaucracy, the Administration has squandered the last year thinking up new anti-asylum gimmicks, rather than making the long-overdue changes at EOIR, the Asylum Office, and the Refugee Program necessary to admit refugees legally, robustly, and timely — in other words to restore the rule of law as they had promised.

Oh, for some competence, backbone, and leadership in the Biden Administration’s immigration policy bureaucracy! Never has America needed the Ambassadorial Level position of Refugee Coordinator more than now! Unfortunately, that important role established by the Refugee Act of 1980 was “swallowed and digested” by a hostile bureaucracy years ago. Alex Aleinikoff, where are you when your country needs you?

🇺🇸 Due Process Forever!

PWS

03-13-23

🤮👎🏼 AMERICA’S WORST FEDERAL JUDGE ALL TOO FAMILIAR TO IMMIGRATION/HUMAN RIGHTS EXPERTS — Even Before Targeting Women’s Reproductive Rights, U.S. District Judge Matthew Kacsmaryk Was An Anathema To Human Rights & Racial Justice!

Trump Judges
Trump Federal Judges Tilt Against Democracy
Republished under license

 

Ruth Marcus
Washington Post Columnist Ruth Marcus, moderates a panel discussion about chronic poverty with Education Secretary John B. King (blue tie) and Agriculture Secretary Tom Vilsack (striped tie), during the National Association of Counties (NACo), at the Washington Marriott Wardman Park, in Washington, DC, on Tuesday, Feb. 23, 2016. U.S. Department of Agriculture photo by Lance Cheung.

https://www.washingtonpost.com/opinions/2023/04/08/abortion-pill-worst-judge-kacsmaryk/

From WashPost:

Opinion by Ruth Marcus

April 8, 2023 at 5:11 p.m. ET

Congratulations are in order for Judge Matthew Kacsmaryk. The competition is fierce and will remain so, but for now he holds the title: worst federal judge in America.

Not simply for the poor quality of his judicial reasoning, although more, much more, on this in a bit. What really distinguishes Kacsmaryk is the loaded content of his rhetoric — not the language of a sober-minded, impartial jurist but of a zealot, committed more to promoting a cause than applying the law.

Kacsmaryk is the Texas-based judge handpicked by antiabortion advocates — he is the sole jurist who sits in the Amarillo division of the Northern District of Texas — to hear their challenge to the legality of abortion medication.

And so he did, ruling exactly as expected. In an opinion released Friday, Kacsmaryk invalidated the Food and Drug Administration’s 23-year-old approval of the abortion drug mifepristone and, for good measure, found that abortion medications cannot be sent by mail or other delivery service under the terms of an 1873 anti-vice law.

Even in states where abortion remains legal. Even though study after study has shown the drug to be safe and effective — far safer, for instance, than over-the-counter Tylenol. Even though — or perhaps precisely because — more than half of abortions in the United States today are performed with abortion medication.

My fury here is not because I fear that Kacsmaryk’s ruling will stand. I don’t think it will, not even with this Supreme Court. Indeed, another federal district judge — just hours after Kacsmaryk’s Good Friday ruling — issued a competing order, instructing the FDA to maintain the existing rules making mifepristone available. Even Kacsmaryk put his ruling on hold for a week; the Justice Department has already filed a notice of appeal; and the dispute is hurtling its way to the Supreme Court. (Nice work getting yourselves out of the business of deciding abortion cases, your honors.)

No, my beef is with ideologues in robes. That Kacsmaryk fits the description is no surprise. Before being nominated to the federal bench by President Donald Trump in 2017, Kacsmaryk served as deputy general counsel at the conservative First Liberty Institute. He argued against same-sex marriage, civil rights protections for gay and transgender individuals, the contraceptive mandate and, of course, Roe v. Wade.

. . . .

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

“Ideologues in robes!” That’s also a good description of many of the judges appointed by Sessions and Barr to the U.S. Immigration Courts. While there have been a few improvements in the appointment process, the Biden Administration has not effectively addressed the serious institutional dysfunction and anti-immigrant bias at EOIR. 

And, let’s remember, EOIR is a “court system” affecting millions of lives and futures that is 100% controlled by the Administration. If this Administration is unwilling or unable to embrace and advance progressive values in a court system they own, how are they going to address other issues of justice, gender, and racial,equity in America?

Indeed, this tone-deaf Administration is now at war with more than 33,000 progressive groups and experts about their scofflaw “death to asylum seekers” regulations. The Administration’s immoral, impractical, and illegal proposal to send up to 30,000 legal asylum seekers to Mexico without due process or fair consideration of their claims for legal protection basically replicates, and in some ways goes even beyond, Kacsmaryk‘s endorsement of the discredited and proven to be deadly “Remain in Mexico” program instituted by Trump and Miller. See, e.g., https://immigrationcourtside.com/wp-admin/post.php?post=26734&action=edit.

🇺🇸 Due Process Forever!

PWS