ATTORNEY MARTIN GARBUS @ LA TIMES: We’re Rejecting Those We Should Be Protecting: “[T]he process for asylum seekers is long, grueling and often arbitrary.”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=481b8998-3e3e-4f42-9a33-126eda2ae2fe

I met with G, an asylum seeker from Honduras, in a large open space at the South Texas Family Residential Center in Dilley, Texas, last month. As a volunteer attorney working with immigrants detained by Immigration and Customs Enforcement, it was my job to help her prepare for her initial asylum interview. First, though, I needed to hear her story.

The setting was not ideal, since anyone in the room could overhear what she said, including her two daughters, ages 10 and 12. She began hesitantly, describing how she had been raped by her father when she was 12. Her mother and six siblings, rather than being supportive, blamed G, whose full name I am not using because of her pending asylum claim, and her mother began beating her regularly. When she was 14, her father committed suicide, and the family held her responsible for his death.

In her neighborhood, everyone knew of her abuse history, G told me, and she was considered damaged goods, available to any man who wanted her at any time. She soon met an older man who said he loved her, and for two years she stuck with him. He was abusive, though, and she learned he was married.

As she sat across from me crying, recalling events she’d rather forget, I learned she was now 25 and had four children. As best as I could tell given the timeline, the two daughters sitting nearby had been fathered by her father. Since the girls had never heard these stories, G was ashamed and tried to minimize what she had been through. It took two hours of patient questioning to pull the full story out of her, and as she spoke, her daughters cried.

In the end, it hadn’t been her own troubles that made G flee Honduras. That decision was made in December of last year, she said, when local gang members told her that if she did not make her daughters sexually available to them, all her children would be killed.

I spent 10 days in February interviewing women like G in Dilley. I realize that many Americans suspect that Central American families come to the United States simply because it’s a better place to live, and that their asylum claims are fraudulent. But I wish they could meet the women I spoke with and hear their stories of fleeing to protect their children from imminent danger back home. I believe it would change even the most skeptical minds.

Nearly all of those I met with were, like G, applying for asylum, a process that begins with an interview to establish whether an applicant has a credible fear of returning home. Former Atty. Gen. Jeff Sessions attempted last year to disallow asylum claims based on fear of gang violence or domestic abuse, but in December a federal judge in Washington blocked the administration from categorically banning such claims. An appeal by the government is pending.

Whatever the outcome of that case, the process for asylum seekers is long, grueling and often arbitrary, and most Central American applicants will not ultimately be granted asylum.

The women I talked to all knew the difficulties they faced, but felt they had no alternative but to try to stay in the United States for their children’s safety.

Two days after our initial meeting, G had her credible fear hearing, in a windowless trailer 50 feet from the detention center. The stakes were high. If she did not persuade the asylum officer she had a justifiable fear her children would be harmed in Honduras, they would all be sent back.

Although I have practiced law for many decades, I’ve never felt as terrified and helpless entering a legal proceeding. I had no idea whether G would be able to tell the hearing officer what she had told me, and I could do nothing to help her. In a regular courtroom, I could ask questions, object and make statements on behalf of my client. Here I was not allowed to speak. I hoped I my presence would provide at least a modicum of emotional support.

The asylum officer explained at the outset that attorneys who urged their clients to tell false stories would be prosecuted, and asked G if I had told her what to say. She said no. Then, hesitantly, she told her story.

G passed her credible fear interview, but there is no knowing what will happen ultimately to her or her children when their case is heard in immigration court. What I do know is that they and thousands of other women and children are at high risk of being returned to dangerous situations. Most have little education and don’t understand English, yet they must navigate a complicated legal labyrinth to avoid being sent back to their torturers.

Asylum laws exist to provide refuge to people like G. The United States should not abandon its responsibility to assist them.

Martin Garbus, a trial attorney, is the author of the forthcoming book “North of Havana.”

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

Yup.  Thank goodness for pro bono at tourneys like Martin Garbus who can make the difference between life and death in a system that could work in a fair and humane way, but consciously chooses not to.

Deprived of reasonable access to legal counsel and held in intentionally degrading and coercive conditions, many individuals with valid claims for protection don’t even have the faintest idea what standards they have to meet and what proof is expected from them. These are basic requirements of Due Process that our Government ignores and mocks on a daily basis.

PWS

03-26-19

 

 

 

U.S. IMMIGRATION JUDGE JONATHEN SCOTT SIMPSON EXPRESSES FRUSTRATION WITH FECKLESS “COURT” SYSTEM THAT KOWTOWS TO DHS ENFORCEMENT’S “STAY IN MEXICO PROGRAM” — DOJ’s “Captive Courts” Expected To Assist DHS In Misusing Asylum Laws To Discourage & Punish Asylum Seekers”

https://www.cnn.com/2019/03/20/politics/asylum-return-to-mexico-hearing-migrant-protection-protocols/index.html

Priscilla Alvarez reports for CNN:

San Diego (CNN)Twelve asylum seekers required to stay in Mexico for the duration of their immigration hearings presented themselves one by one before an immigration judge over nearly four hours Wednesday. Each case appeared to raise a similar set of questions about the new policy for Judge Jonathen Scott Simpson, and the hearing culminated in a dose of skepticism from the judge.

“Several things cause me concern,” Simpson said toward the end of the hearing, as he weighed whether four asylum seekers who weren’t present should be removed in absentia.
The migrants who appeared at the San Diego immigration court on Wednesday fall under the Migrant Protection Protocols program, informally known as “Remain in Mexico.” The program, which was initially rolled out in January at the San Ysidro port of entry, roughly 18 miles from the court, requires some asylum seekers to stay in Mexico to await their immigration hearings. Immigration and Customs Enforcement manages transportation to and from the border and court appearances.
The requirement that some of those seeking asylum stay in Mexico as they await their US court dates marks an unprecedented change in US asylum policy. As such, it has raised a host of questions among lawyers, advocates and now, immigration judges.
As of March 12, the US had returned 240 migrants to Mexico under these protocols.
The first spate of hearings, which got underway this month, have underscored outstanding issues with the new program, including the challenge of obtaining legal representation while in another country and providing notification of court dates to an individual without a fixed address. They have also revealed glitches in the system, in which conflicting dates are causing confusion among migrants over when to appear at a port of entry for a court appearance.
The largest group to attend court so far came Wednesday. The 12 asylum seekers — five with attorneys, seven without — participated in a master calendar hearing, the first hearing in removal proceedings.
In one case, a man seeking asylum who did not have a lawyer said he had been provided with a list of legal service providers by the government but had trouble understanding it.
“I was confused,” he told the judge. “I don’t know how to read and write. It becomes difficult.” He added: “In Mexico, it’s even more complicated. It’s more complicated than if I were here.”
“I understand it’s more difficult,” Simpson replied. “It’s not lost on me.”
All asylum seekers whose cases were scheduled for Wednesday were set up with merits hearing dates, where individuals provide evidence to substantiate their claims to remain in the US, or are given additional time to find legal representation. The dates were scattered among April, May and July.
In some instances scheduling issues arose, as Simpson explained that his afternoons for the next several months are dedicated to master calendar hearings for Migrant Protection Protocols. Merits hearings, therefore, would need to be scheduled for the mornings.
Given that asylum seekers must wait in Mexico, however, and therefore need time to be processed by US Customs and Border Protection before going to their hearings, mornings were out of the question.
“Immigration officers need four hours,” said Robert Wities, an ICE attorney.
“I can’t do an entire master calendar in the afternoon and merits hearing,” Simpson responded, later asking the ICE attorneys to explain in writing why it wouldn’t be possible for the asylum seekers to attend morning hearings.
In February, a coalition of immigrant advocacy groups asked a federal judge for a restraining order that would block the Trump administration from forcing asylum seekers to stay in Mexico while their cases make their way through the immigration courts. The hearing on the motion is scheduled for this Friday.
In the meantime, the administration may clarify or resolve those issues in the future in documents provided to the immigration court. But for now, immigration hearings for those asylum seekers waiting in Mexico are set to move forward.
*********************************************
Can you imagine what would happen if the ICE Assistant Chief Counsel Robert Wities told a U.S. District Judge when he or she could or couldn’t schedule hearings? What if a private attorney said he or she would only appear in the afternoon? What kind of “court system” doesn’t give its own judges flexibility to set their own court schedules in the manner they believe will be most fair, effective, and efficient? Why has the statutory contempt of court authority that Congress conferred on U.S. Immigration Judges more than two decades ago never been implemented by the DOJ?
A real court would examine both the legality and the procedures that the DHS unilaterally, and apparently incompetently, put in place for their “Stay in Mexico” program. Deputy AG Rod Rosenstein’s rewriting of the oath of office notwithstanding, U.S. Immigration Judges, like other Federal employees, swear an oath to uphold our Constitution (e.g., Due Process) not an oath of loyalty to the Attorney General, the  President, or the DOJ.
PWS
03-24-19

Amín E. Fernández @ NY Law School: A FIRST-HAND ACCOUNT FROM THE BORDER — “As I would inform families of the future that awaited them, I felt embarrassed of my country. I felt anger at the fact that we are telling folks who are fleeing cartel, gang and military violence to grab a number and wait in line for four to five weeks. That I had to help mothers and fathers write their information on their babies in case they were separated. It broke my heart to have to tell a mother that her pain and suffering just couldn’t be pigeon holed into ‘race, religion, nationality, political opinion or a particular social group.'”

Amín E. Fernández

            Prior to this year, I had never been on a college spring break trip. I had never experienced the stereotypical American “Cancun trip” full of debauchery, innocentfun and the fantasy MTV sold me in the early 2000s. Part of this was due to financial considerations, the other part was that I always had some kind of commitment whenever this season came upon me. This year, I finally got to go on a spring break trip with some of my law school peers. But the Mexico I saw was far from a carefree oasis for the inebriated and the carefree.

            This past March, I along with my Asylum clinic professor and four New York Law School classmates volunteered in Tijuana for a week at an organization called Al Otro Lado, Spanish for “On the Other Side.” Al Otro Lado (“or AOL”) is a not for profit organization run almost exclusively by volunteers. AOL provides free legal and medical services to migrants both in Tijuana and San Diego and is currently in the process of suing the U.S. government for its recently adopted border policies. AOL is composed of volunteers from all walks of life. Some are attorneys, others doctors or nurse practitioners. Most, though, are concerned U.S. citizens who wanted to see for themselves the humanitarian crisis occurring in our country. They come from all walks of life, ages, races and socioeconomic backgrounds. But for that week, our collective problems and biases were set aside due to the more pressing concerns facing the people we were seeking to assist.

            During my week volunteering with AOL in Tijuana, my classmates and I utilized our studies in immigration and asylum law to educate asylum seekers as to the process that awaits them. I met with over a dozen migrants, one-on-one, and heard their stories of plight and fear. I didn’t tell them what to say, instead I explained to them that asylum is a narrowly applied form of relief. That in order to be granted asylum in the U.S. that they had to essentially prove 1. They have suffered a harm or credible fear of harm. 2. This fear or harm is based on an immutable trait (such as race, religion, nationality, political opinion or membership to a particular social group) 3. They cannot relocate to another area of their country because their government either cannot or refuses to help them. 4. They tried to go to the police or couldn’t due to inefficacy or corruption. Many of the folks I spoke with had no idea what asylum was or what exactly were its requirements. At times, I would find out that the family I was speaking to was crossing that same day meaning that I had 5 minutes to explain to them what a “credible fear interview” was.

            My favorite part of my week though, was when I got to conduct the Charla slang for “a talk.” The Charla is a know your rights workshop where AOL explains the asylum procedure, the illegal “list” number system currently being conducted by the U.S. and Mexican government, and what possibilities await them after their credible fear interviews. Currently, if you arrive in Tijuana and want to plead for asylum in the U.S. you can’t just go and present yourself to U.S. Customs and Border Protection officials. The Mexican government has security keeping you from being able to speak to U.S. CBP. Mexican officials, though, do not want to take on this responsibility either, so the idea somehow came about of having the migrants themselves keep a list or a queue amongst themselves. The way it works is that every morning at El Chaparral, one of the ports of entry between Tijuana and San Diego, a table with a composition notebook is set up. In that notebook is a list usually somewhere in the several thousands. For each number, up to ten people can be listed and in order to sign up and receive a number you have to show some form of identification. Once you have a number, the average wait time is about 4-5 weeks. Sometimes families and people disappear as their persecutors come to Tijuana and seek them out. Every morning at El ChaparralI would see families lined up either to receive a number or to hopefully hear their number be called. Best of all, right next to the migrants who would be managing “the list” would be Grupo Betas, a Mexican “humanitarian” agency who aids in the siphoning of migrants to the U.S.

            If and when your number is called, you’re shuttled off to U.S. CBP officials who will likely put you inLa Hieleras or “The Iceboxes.” Migrants named them as such because they are purposely cold rooms where migrants are kept for days or weeks until their credible fear interviews. Here, families can be separated either due to gender or for no reason given at all. Migrants who had been to La Hieleras would tell me that they were given those aluminum-like, thermal blankets marathon runners often get. They state how they are stripped down to their layer of clothing closest to the skin and crammed into a jail like cell with no windows and lights perpetually on. After La Hieleras, a U.S. immigration official will conduct a credible fear interview. The purpose of this interview is for the U.S. to see if this permission has a credible asylum claim.  If you fail this interview your chances of being granted asylum become slim to none. If you pass three possibilities await you. First, you might be released to someone in the U.S. who can sponsor you, so long as that person has legal status and can afford to pay for your transport. The second, and newest, is that you might be rereleased and told to wait for your court date in Tijuana. And the last is indefinite detention somewhere within the U.S.

            As I would inform families of the future that awaited them, I felt embarrassed of my country. I felt anger at the fact that we are telling folks who are fleeing cartel, gang and military violence to grab a number and wait in line for four to five weeks. That I had to help mothers and fathers write their information on their babies in case they were separated. It broke my heart to have to tell a mother that her pain and suffering just couldn’t be pigeon holed into “race, religion, nationality, political opinion or a particular social group.” Thank you, try again. I feel like after this trip I have more questions than answers. That the work volunteer work I was doing was more triage than anything else. That even if I graduate law school and become an attorney at most I would be putting a band aid on a gunshot wound and never really addressing the disease.

            It’s easy to feel defeated. It’s much more difficult to work towards a solution. I’m not an expert on any of these subjects. But I know that xenophobia and racism have no place in international police or immigration practices. I know that the folks I encountered during my time at the border were families fleeing not criminals scheming. I know that I may not have all the solutions but we should begin by instilling empathy, humanity and altruism into how we speak of asylum seekers and immigrants in general. That not much separates me, an American citizen, from the people I met in Tijuana. I may not have the answers to the turmoil I saw at the border but I’m determined to giving the rest of my life to figuring it out.

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

Thanks, Amín!

He is one of the students of NY Law School Clinical Professor Claire Thomas who went to the border to “fight for the New Due Process Army” following the Asylum and Immigration Law Conference at New York Law School.  Putting knowledge into practice! Saving lives!

Two really important points to remember from Amín’s moving account. First, because of BIA and AG interpretations intentionally skewed against asylum seekers from Latin America, many of whom should fit squarely within the “refugee” definition if properly interpreted, many refugees from the Northern Triangle intentionally are “left out in the cold.” That, plus lack of representation and intentionally poor treatment by DHS meant to discourage or coerce individuals results in unrealistically “depressed” asylum grant rates. Many who have been to the border report that a majority of those arriving should fit within asylum law if fairly and properly interpreted.

Second, many of those who don’t fit the asylum definition are both highly credible and have a very legitimate fear of deadly harm upon return. They merely fail to fit one of the “legal pigeon holes” known as “nexus” in bureaucratic terms. The BIA and this Administration have gone to great lengths to pervert the normal laws of causation and the legal concept of “mixed motive” to use “nexus” as an often highly contrived means to deny asylum to those genuinely in danger.  A better and more humane Administration might devise some type of prosecutorial discretion or temporary humanitarian relief as an alternative to knowingly and intentionally sending endangered individuals and their families back into “danger zones.”

What clearly is bogus is the disingenuous narrative from Kirstjen Nielsen and other Administration officials that these are “frivolous” applications. What is frivolous is our Government’s cavalier and often illegal and inhumane treatment of forced migrants who seek nothing more than a fair chance to save their lives and those of their loved ones.

Whether they “fit” our arcane and intentionally overly restrictive interpretations, they are not criminals and they are not threats to our security. They deserve fair and humane treatment in accordance with our laws on protection and Due Process under our Constitution. What they are finding is something quite different: a rich and powerful (even if diminishing before our eyes) country that mocks its own laws and bullies, dehumanizes, and mistreats those in need.

PWS

03-23-19

 

 

NQRFPT: Due Process, Administrative Competence, Common Sense MIA From Initial “Return to Mexico” Hearings, Forcing Frustrated Judge Into A Round Of “Aimless Docket Reshuffling!”

NQRFPT = “Not Quite Ready For Prime Time”

MIA = “Missing in Action”

ADR = “Aimless Docket Reshuffling”

https://www.sandiegouniontribune.com/news/immigration/sd-me-remain-in-mexico-hearings-20190314-story.html

Kate Morrissey reports for the San Diego Union Tribune:

Two of the three asylum seekers who were supposed to show up for the first immigration court hearings under the “Remain in Mexico” policy did not make it across the border on Thursday to appear.

After the Homeland Security Secretary announced what she called a “historic” program, known officially as Migrant Protection Protocols, in December, many wondered — and worried — about the logistics of shuttling migrants back and forth across the border for court hearings.At least one of the people who had been returned to Tijuana after asking for asylum at the San Ysidro Port of Entry missed the court hearings because of what Assistant Chief Immigration Judge Rico Bartolomei called a “glitch” in the scheduling system.

Court cases for the program were supposed to start next Tuesday, but somehow cases got scheduled for this Thursday, Bartolomei explained. At first, the court tried to reschedule those hearings for Tuesday but realized it wouldn’t have a way to communicate that effectively with the asylum seekers in Mexico.

The issue was that when the court rescheduled to March 19, anyone who called its toll-free number to check for court date updates thought that the hearings would be on March 19. That happened in the case of one Honduran woman who had Los Angeles-based attorney Olga Badilla representing her.

Badilla explained to the judge that she had only learned the day before that the hearing had moved back to March 14 and that her client hadn’t found out in time to be at the port of entry at 9 a.m. She arrived a couple of hours later, but Customs and Border Protection officers wouldn’t let her into the U.S. for her hearing.

“She’s present at the port of entry and ready to come in,” Badilla told the judge, asking for the court’s help. “It’s an unusual situation given the circumstances.”

Aguilar said the judge should order the woman deported in her absence.

Bartolomei denied that motion, saying that the woman had received “insufficient notice” of the hearing. Instead, he scheduled a future date with Badilla to turn in the woman’s asylum application.

Though the woman was given another chance to show up for court, she ran into more problems down at the border. Her permit to stay in Mexico was on the verge of expiring in anticipation of her crossing into the U.S. for court. If she had crossed and returned again, she would likely get a new one. Without entering the U.S., she was about to become deportable from Mexico.

When court ended for the day, Badilla went to try to help her client.

The other person who didn’t show up for court, a 24-year-old man from Honduras, had also had his case rescheduled through the court’s glitch.

ICE attorney Aguilar again moved to have the man ordered deported.

Bartolomei pushed the ICE attorney about whether it made sense to order someone deported from the U.S. while they are still in Mexico. He asked if it made more sense to consider the person’s application for admission withdrawn.

According to immigration attorney Tammy Lin, a withdrawal would limit potential restrictions on the man’s ability to come to the U.S. in the future. A deportation order would make it much more difficult for the man to come to the U.S.

During the conversation, Bartolomei sighed audibly, weighing the options before him.

Then he decided to reschedule his case for the 19th to see if the man showed up then. Since he didn’t have an address to send the new hearing notice to, he gave it to the Department of Homeland Security to pass on to the man.

The one person who did show up did not have an attorney. Also from Honduras, the man arrived at El Chaparral plaza outside the port of entry well before 9 a.m. A volunteer from a legal services organization that supports migrants in the plaza every morning before they ask for asylum saw him and escorted him to the gate inside the port that marks the entry to the U.S.

He waited in line, shuffling down the spiral walkway in a mix of commuters, shoppers and friends returning from trips abroad. When he got to the front of the line, a Customs and Border Protection official held him to the side to wait for the other two who were supposed to come.

He was nervous, he said.

A few minutes after 9 a.m., several CBP officers and two plainclothes officials took him into the U.S. Officers from Immigration and Customs Enforcement transported him from the port of entry to the office building in downtown San Diego that houses the immigration court.

He arrived at the court before noon and sat in a corner of the back row of benches, head bowed.

When it was his turn to face the judge, he spoke softly into the microphone and watched attentively as Bartolomei explained each of the documents he had received.

Bartolomei asked him if he wanted more time to find an attorney.

Yes, the man replied.

The judge granted him another month to try to find someone to help him and told him he would likely be taken back to Mexico again.

“I know it will be difficult to try to get an attorney from there,” Bartolomei told him, urging him to try his best to find a lawyer to take his case.

When his turn was over, ICE officers quickly whisked him away, back to the port of entry.

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

Notice will continue to be an issue in this ill-designed process. It actually appears that it will be impossible to properly serve anyone at a “last known address” in Mexico. Thus, any in absentia hearings should ultimately be vacated for lack of notice and will have to be re-started. That’s what “ADR” is all about.

The ICE Attorney was both unhelpful and probably unethical when he insisted on frivolously moving for an “in absentia” order given the obvious scheduling and notice issues attributable to his agency’s choice of this “historically” goofed up and perhaps illegal method of proceeding. Unwillingness to assume any responsibility for their own frequent screw ups and predictably bad policy choices is certainly a “hallmark” of the Trump Administration!

Once of the things that made the Arlington Immigration Court run as well as it did during my tenure was the sense of justice, common sense, practicality, and overall cooperation and helpfulness of the ICE Chief Counsel’s Office in working with the Immigration Judges and private bar to “keeping the ball moving down the field.” Apparently deprived of such a professional approach by the mindless “due process and common sense be damned policies” of this Administration, today’s Immigration Judges face additional roadblocks in promoting efficiency and fairness in accordance with the law. No wonder the backlogs are growing exponentially even with more Immigration Judges on the bench!

Here’s how might a “due process and efficiency-oriented system” could have dealt with the same issues:

  • Work with the private sector to obtain local counsel for individuals who have passed the “credible fear” process;
  • Find out how long it will take the lawyer to prepare the application for asylum for filing with the Immigration Court;
  • Choose a compatable date for filing at the “Initial Master” from a computerized list of  “available first Master dates” on Judge Bartolomei’s calendar made available by EOIR;
  • Release the applicant to a local nonprofit who will help insure that he or she understands the system and the importance of keeping attorney meetings and appearing before the Immigration Court as scheduled;
  • At the first Master, the attorney files the completed asylum application with Judge Bartolomei, and he assigns an Individual Hearing date;
  • Presto! A system that works, uses court and judicial time wisely, and promotes fair and efficient results.

Contrast that with the mindless system described above. The key: under the current system everybody has wasted time and effort, particularly Judge Bartholomei, but without getting any closer to assigning an actual Individual Hearing date than on the day the applicant passed “credible fear.”

That’s how Government-created “bogus emergencies” happen. It’s really important that folks like Kate keep reporting on the “nitty gritty” of the Trump Administration’s “malicious incompetence” and how it is destroying and degrading our immigration and justice systems on a daily basis.

Undoubtedly, this Administration will attempt to shift blame for its own predictable failures to the victims — asylum seekers, their lawyers, and Immigration Judges. It’s important that the Trump Administration be held fully accountable, both in the present and for history, for the consequences of their terrible White Nationalist restrictionist agenda.

PWS

03-16-19

 

“RETURN TO MEXICO” GIVES DHS A CHANCE TO HARASS IMMIGRATION LAWYERS AND ACTIVISTS AT BORDER!

 

https://www.nbcnews.com/politics/immigration/u-s-officials-made-list-reporters-lawyers-activists-question-border-n980301

Julia Ainsley

Julia Edwards Ainsley reports for NBC News:

WASHINGTON — Customs and Border Protection has compiled a list of 59 mostly American reporters, attorneys and activists for border agents to stop for questioning when crossing the U.S-Mexican border at San Diego-area checkpoints, and agents have questioned or arrested at least 21 of them, according to documents obtained by NBC station KNSD-TV and interviews with people on the list.

Several people on the list confirmed to NBC News that they had been pulled aside at the border after the date the list was compiled and were told they were being questioned as part of a “national security investigation.”

CBP told NBC News the names on the list are people who were present during violence that broke out at the border with Tijuana in November and they were being questioned so that the agency could learn more about what started it.

The list, dated Jan. 9, 2019, is titled “San Diego Sector Foreign Operations Branch: Migrant Caravan FY-2019 Suspected Organizers, Coordinators, Instigators, and Media” and includes pictures of the 59 individuals who are to be stopped. The people on the list were to be pulled aside by Customs and Border Protection agents for questioning when they crossed the U.S.-Mexico border to meet with or aid migrants from the Honduran caravan waiting on the Mexican side of the border.

A sample of names and photos from the list. KNSD blurred the names and photos of individuals who haven't given permission to publish their information.
A sample of names and photos from the list. KNSD blurred the names and photos of individuals who haven’t given permission to publish their information.Obtained by KNSD

The list includes 10 journalists, seven of them U.S. citizens, a U.S.-based attorney and others labeled as organizers and “instigators,” 31 of whom are American. Symbols on the list show that by the time it was compiled 12 of the individuals had already been through additional questioning during border crossings and nine had been arrested.

Click here to read KNSD’s story about the list

In some cases, CBP had also compiled dossiers on the individuals with the help of intelligence from Mexican officials, according to the materials obtained by KNSD.

The cover of the list includes a seal with both the American and Mexican flags and was compiled shortly after the arrival of nearly 5,000 Honduran immigrants at the Tijuana-San Ysidro border, which is in the Border Patrol’s San Diego sector.

On Nov. 25, unrest broke out as some immigrants attempted to run through border checkpoints or scale the barriers after growing frustrated with the long wait to enter the country. CBP officers responded with tear gas, bringing attention to the worsening tension between CBP and the frustrated migrants in Tijuana.

In response to a KNSD question about the list, a spokesman for CBP said it is protocol to “collect evidence that might be needed for future legal actions.”

“To determine if the event was orchestrated…CBP and our law enforcement partners evaluate these incidents, follow all leads garnered from information collected, conduct interviews and investigations, in preparation for, and often to prevent future incidents that could cause further harm to the public, our agents, and our economy,” the spokesman told KNSD.

FEARS CONFIRMED

The documents confirm what many people who report on immigration or provide humanitarian aid and legal counsel to asylum seekers at the southern border have reported anecdotally. They say that CBP is focused on them and increasingly pulling them aside for what is known as a “secondary screening.”

During that screening, journalists and lawyers describe being told that they are being interviewed as part of a national security investigation and that they must give officers access to their cell phones. Many do not know their rights as American citizens to refuse to answer such questions or request a lawyer.

One lawyer from the list who was recently stopped at a San Diego-area crossing, Nicole Ramos, refugee director for Al Otro Lado, a law center for migrants in Tijuana, Mexico, learned from NBC News that CBP had compiled a dossier of information on her. The dossier included personal details such as her mother’s name, her social media pictures, the car she drives and her work and travel history.

“The document…appears to prove what we have assumed for some time, which is that we are on a law enforcement list designed to retaliate against human rights defenders who work with asylum seekers and who are critical of CBP practices that violate the rights of asylum seekers,” Ramos said.

Two other immigration lawyers who frequently travel to northern Mexico to help asylum seekers attempting to cross into the U.S. say the practice is starting to scare away would-be volunteers.

“It has a real chilling effect on people who might go down there. I was going to go this week, but I had to worry about whether I could get back in [to the U.S.],” one lawyer speaking on the condition of anonymity told NBC News.

Other immigration lawyers told NBC News they have been stopped and questioned in places far from San Diego. In Juarez, an attorney was stopped and accused of being a human smuggler. She was released only after the officers took her contacts and data from her phone. She was also asked what she was telling asylum seekers to say to U.S. authorities, according to another lawyer speaking on her behalf.

A former senior DHS official said it is against U.S. policy to target travelers based on their profession.

“It would be highly inappropriate and questionable from a legal perspective,” the former official said.

“While it is true that CBP has broad authority to interview and search anyone crossing the border, if there is no reasonable suspicion that you are involved in criminal activity, then they have no right to detain you,” the former official added.

This is a tragedy. Legal representation is probably the single most important and cost-effective thing that could be done to facilitate processing, insure fair decisions consistent with Due Process, prevent the mistakes that are prevalent in an overloaded and inherently biased system, and insure appearance at future hearings. For a fraction of the cost of the various “built to fail” and often illegal enforcement schemes this Administration crooks up, they could actually take a big step toward resolving the problem with universal representation.
Kakistocracy has its costs, both human and fiscal.
Join the New Due Process Army and fight the Trump Kakistocracy every day!
PWS
03-07-19

FORGET THE SHAMELESS LIES, EVASIONS, & VICTIM BLAMING BY NIELSEN AND MCALEENAN BEFORE CONGRESS – Vox’s Dara Lind Tells You Everything You REALLY Need To Know About What’s Happening At The Southern Border In 500 Words!

https://apple.news/A3s8h4IozRDGHLo1SJ6rPtg

Dara Lind reports in Vox News

In February 2019, 66,450 migrants crossed the US/Mexico border between official border crossings and were apprehended by US Border Patrol agents, committing the misdemeanor of illegal entry.

It’s a sharp increase from January and marks an 11-year high. But the number reflects an ongoing trend: record numbers of families coming to the US without papers.

The Trump administration reported that 76,103 people tried to enter the US without valid papers in February. That number combines people who came to official border crossings and migrants who were caught by Border Patrol after crossing illegally.

The total has alarmed conservatives; President Donald Trump has taken it as validation of his decision to declare a national emergency and appropriate more funding to build “a wall” along the border. (Construction of the wall would take months or years.)

But while current apprehension levels are higher than they’ve been in the last decade, they’re still way below pre-recession levels.

What is truly unprecedented is who the migrants are.

Almost two-thirds of Border Patrol apprehensions are of parents and their children. While we don’t have complete historical data, it seems likely that more families are coming to the US without papers than ever before. Additionally, a large share of migrants (both families and single adults) are expressing a desire to seek asylum.

Both groups are overwhelmingly coming from the Central American countries of Guatemala, Honduras, and El Salvador.

The US immigration enforcement system was designed to swiftly detain and deport migrants who attempted to sneak into the US illegally. Asylum-seekers and families don’t fit that mold.

Border Patrol agents aren’t equipped to deal with large groups of families who travel through Mexico by bus and then turn themselves in at the border. This has arguably contributed to the deaths of multiple children in Border Patrol custody in recent months, and spurred Customs and Border Protection to expand medical care.

There are strict limits on how long immigrant children and families can be held in immigration custody; in practice, officials release most families pending an immigration hearing. Asylum seekers can’t be deported without a screening interview, and those who pass (by meeting a deliberately generous standard) are often eligible for release from detention while their cases are resolved.

Some of those migrants, either intentionally or accidentally, do not complete the asylum process or lose their cases, and live in the US as unauthorized immigrants. For many Trump officials, this is the heart of the crisis. Officials have spent the last year working on regulations and pushing Congress to expand family detention and reduce asylum protections.

Trump critics continue to insist that migration isn’t at crisis levels. To them, the more urgent issue is the administration’s treatment of families, children, and asylum seekers. They are urging the administration to allow more asylum seekers to present themselves at ports of entry legally. They are calling attention to the conditions in which migrants are being held in custody.

Asylum seekers cannot be barred from entry. The question is whether they should be treated as vulnerable migrants who the US is obligated to treat with kindness, or as deportable migrants until (if at all) they win legal status.

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

It’s really a question of whether we honor our legal and international obligations by fairly processing refugees, or choose to dehumanize and further victimize them. The totally disingenuous performance by Administration officials testifying before Congress on Tuesday tells you all you really need to know. This Administration has shown a slavish devotion to failed policies, dumb gimmicks, and just downright cruelty in a vain attempt to stop people from fleeing danger zones. Not surprisingly, their “built to fail” policies, scofflaw behavior,  and malicious incompetence has made things worse rather than better.

What if we had an honest Administration that admitted that this is a refugee flow that we had a significant role in creating? What if we used the existing law and legal mechanisms to take as many refugees as we could and worked with the UNHCR and the international community to help the others find viable resettlement alternatives? Wow, that would be making government work for the common good. something that’s just not in the “White Nationalist playbook.”

PWS

03-07-19

REP. DON BEYER (D-VA) IN THE HILL: There Are Strategies To Constructively Address Human Rights Problems In The Northern Triangle — A Wall Isn’t One Of Them

https://thehill.com/blogs/congress-blog/foreign-policy/431757-rep-beyer-what-i-learned-in-central-america

Rep. Breyer writes:

Last week I traveled with colleagues to Central America’s Northern Triangle — Guatemala, Honduras, and El Salvador — where we spent five days meeting with heads of state, law enforcement, business leaders, U.S. ambassadors and diplomatic staff, USAID officials, and working people.

The trip, organized by Sen. Tom Carper of Delaware, was highly informative, particularly given the ongoing debate over immigration policy, temporary protected status (TPS), trade, and other related issues.

I think my fellow travelers – Sens. Carper and Jeff Merkley (Ore.) and Reps. Lisa Blunt Rochester (Del.), Lou Correa (Calif.), and Donald Norcross (N.J.) – would agree that what we saw and heard was both depressing and encouraging.

It is clear that the top mission of our U.S. presence in these countries is changing the conditions which drive irregular migration attempts to the United States. We are attacking the corruption, especially within the governments, which undermines citizen confidence that their countries will progress.  We are training police forces to deal with both gang violence and narcotics trafficking, with significant reductions in the murder rates in all three countries.  And we are investing in the conditions necessary for economic growth, especially the training of young people for jobs that pay much more than the minimum wage.

Our top concern was the decline in presidential support for U.S. initiatives to support economic growth and improved security in the region, and the naive idea that a wall on a border more than a thousand miles north will be any disincentive for jobless people living in fear of violence. The notion that a wall would magically solve the complex problems which cause people to flee to the United States was not borne out by what we saw.

Instead, we saw again and again that when we help create conditions of the most modest prosperity, when we reduce the fear of imminent violence, and when folks believe things will get better, it greatly reduces people’s desire to emigrate to the United States.

The most effective way for us to deal with unwanted immigration is to address the root causes in the developing economies of the Northern Triangle. We have already made a significant difference, but there is so much more we can and must do.

We should begin by shifting the useless waste of taxpayer funds in a silly border wall into greater investment into the Alliance for Prosperity, into our law enforcement efforts, and into diplomacy which will ensure ever less corrupt and more responsive governments.

My colleagues and I will be sharing these lessons with our colleagues this week, as Congress takes up a measure to reject the president’s fake national emergency, and beyond it as we look for humane, practical solutions to improve our immigration system and our relationships with these nations.

Beyer represents Virginia’s 8th District.

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

There are many other things that we could do, both internationally and domestically, to address the current humanitarian situation in the Northern Triangle. The money that the Trump Administration is happy to waste on a wall, unnecessary and inhumane detention, and the unneeded stationing of troops on the border could actually support much more reasonable and effective approaches that would comply with the law, rather stretching and often breaking it.

We need a better government by better people. Join the New Due Process Army and help end the Trump Kakistocracy.

NOTE:  Don Beyer is our Representative.

PWS

03-06-19

IN MATTER OF A-B-, SESSIONS DISINGENUOUSLY SUGGESTED SALVADORAN POLICE COULD PROTECT ABUSED WOMEN – THE TRUTH IS STARKLY DIFFERENT: American-Trained Cops Flee El Salvador Because Gangs Are In Control – Ex-Cops Granted Asylum While Helpless DV Victims Sent Back To Face Deadly Abuse – Trump Administration Continues To Pervert Asylum Law!

https://www.washingtonpost.com/world/the_americas/its-so-dangerous-to-police-ms-13-in-el-salvador-that-officers-are-fleeing-the-country/2019/03/03/e897dbaa-2287-11e9-b5b4-1d18dfb7b084_story.html

Kevin Sief reports in WashPost:

They were given one of the most dangerous tasks in policing: Take down MS-13.

They were bankrolled by the United States and trained by FBI agents. But members of the Salvadoran police have been killed by the dozens in each of the past three years, most in attacks that investigators and experts blame on MS-13, an international street gang. At least nine officers were killed in the first month of this year.

Now, a number of El Salvador’s police officers are fleeing the gang they were tasked with eliminating.

There is no list in either El Salvador or the United States of Salvadoran police officers who have fled the country. But The Washington Post has identified 15 officers in the process of being resettled as refugees by the United Nations and six officers who have either recently received asylum or have scheduled asylum hearings in U.S. immigration courts. In WhatsApp groups, police officers have begun discussing the possibility of a migrant caravan composed entirely of Salvadoran police — a caravana policial, the officers call it.

The exodus of Salvadoran police points to how the country’s security forces have failed to break the stranglehold of organized crime. It also shows that among those seeking refuge in the United States during the Trump administration are some of America’s closest security partners.

“These are among the most vulnerable people in El Salvador,” said Julio Buendía, the director of migration at Cáritas El Salvador, a nonprofit organization that works with the United States and United Nations on refugee resettlement.

The United States has been bolstering the Salvadoran police, part of a regional strategy intended to stabilize Central America’s most violent countries and reduce migration. The State Department spent at least $48 million to train police in El Salvador, Guatemala and Honduras from 2014 through 2017, according to the Government Accountability Office.

The department opened a law enforcement training academy in San Salvador, where 855 Salvadoran officers were trained by the FBI and other American law enforcement agencies in those four years.

“The Salvadoran government, with U.S. government support, has made significant gains in the area of security, including reductions in homicides and every other category of violent crime measured,” the State Department said in a statement issued in response to an inquiry by The Post.

Citing “privacy reasons,” the department would not comment on whether it was receiving asylum or refugee applications from Salvadoran police officers.

By some measures, the U.S.-backed security efforts appeared to be showing results. In 2018, El Salvador’s murder rate was 50.3 per 100,000 inhabitants. That was still among the highest in the world, but it was down from 60.8 per 100,000 in 2017 and 81 per 100,000 in 2016.

MS-13 was born in Los Angeles in the late 1970s, expanding as more Salvadorans arrived in the United States after fleeing the country’s civil war. The group splintered, with Barrio 18 becoming a chief rival, and both groups grew in American prisons before reaching El Salvador through mass deportations. Between 2001 and 2010, the United States deported 40,429 ex-convicts to El Salvador, according to the Department of Homeland Security.

El Salvador’s government adopted an “iron fist” response to the gangs, including more police operations. When that approach failed, it tried to broach a truce with the gangs in 2014. The pact quickly disintegrated and was followed by another surge in violence. It was then that the gangs began to explicitly broadcast their threats against police officers.

“If you kill a ‘pig,’ or a police officer, you’re more respected in these gangs. That’s the policy — using death as exchange currency,” said Héctor Silva Ávalos, a journalist and researcher who has written a book on the Salvadoran police and has served as an expert witness at several asylum hearings for former police officers in the United States.


A man with an MS-13 tattoo is detained by Salvadoran security forces during an operation in San Salvador in January. (Marvin Recinos/AFP/Getty Images)

With salaries of $300 to $400 per month, the low-level police officers who make up the majority of the force often have no choice but to live in neighborhoods vulnerable to gangs. And so, in the vast majority of the cases, police officers are killed when they are home from work or are on leave.

In August, Manuel de Jesús Mira Díaz was killed while buying construction materials. In July, Juan de Jesús Morales Alvarado was killed while walking with his 7-year-old son on the way to school. In November, Barrera Mayén was killed after taking leave to spend time at home with his family.

The police investigated a number of the killings since 2014 and found members of the major gangs responsible.

“They have more control than we do. When we go home, we’re in neighborhoods where there’s one police to 100 gang members. We’re easy victims,” said one officer in the country’s anti-gang unit, who, after being threatened by MS-13 in his home, is awaiting refugee status from the United Nations. He spoke on the condition of anonymity out of fear for his safety.

An MS-13 member killed a man on a New York subway platform. The gang dates back to the 1970s.

Police arrested a 26-year-old man, who they said is an MS-13 member, after he fatally shot an alleged rival gang member Feb. 3 in Queens.

Complicating their response to the threats, Salvadoran police are also not legally allowed to take their weapons home with them.

“I bring it home anyway. I sleep with it on my waist,” said a female officer, who is awaiting refugee status from the United Nations and spoke on the condition of anonymity out of fear for her safety. “My husband and I take turns sleeping. We know they are going to come for us.”

Many units in the Salvadoran police are forbidden to wear balaclavas to conceal their identities. In anti-gang units, officers are allowed to wear such masks during operations, but they are frequently asked to testify in court, where they must show their faces and identify themselves by name while gang members look on.

In 2017, El Salvador’s attorney general, Douglas Meléndez, urged the government to do more to protect off-duty police, asking the parliament to pass a “protection law” for police and soldiers that would also provide funding to protect their families. The law was never passed.

Last month, security concerns played a central role in a presidential election won by San Salvador’s 37-year-old former mayor, Nayib Bukele. At least 285 people were killed in January, leading up to the vote, which many saw as the gangs’ attempt to leverage their influence amid the election campaign. In a security plan leaked to the Salvadoran news media, Bukele’s campaign wrote: “The expansion of these criminal groups is undeniable, as is the impact on the lives of ordinary citizens.”

In response to the targeting of police officers this year, El Salvador’s police chief introduced a policy: For their own protection, officers were not allowed to return to their homes. The police chief declined multiple interview requests.


Suspects are detained by police in a neighborhood in San Salvador dominated by MS-13. (Marvin Recinos/AFP/Getty Images)

Many officers, feeling unprotected by their own force, have said their only option is to leave the country.

Organizations that work with the United Nations to resettle Salvadoran refugees in the United States say they have found more and more police officers arriving unannounced at their offices. In addition to the 21 asylum seekers and refugees identified by The Post, several others have recently arrived in Spain and Mexico, according to news reports, applying for humanitarian visas or other forms of protection. Lawyers for police officers and many officers themselves say that far more officers are preparing to flee.

One of the cases that Buendía, the migration director of Cáritas, referred to the United Nations High Commissioner for Refugees is an officer who survived two attacks while off duty. First, he was shot eight times by suspected gang members; then, two years later, he was shot four times. The officer pleaded for protection from his commander.

Buendía included a letter from the commander in the officer’s refugee application. “There’s nothing we can do for you,” the commander wrote. “You need to protect yourself.”

A police spokesman declined to comment on the letter.

In one case, concerning a police officer now applying for asylum in U.S. immigration courts, gang members threatened to kidnap the officer’s child at an elementary school in rural El Salvador.

“That’s not what these guys signed up for. It’s one thing to be shot at on the job. It’s another for your family to be targeted while you’re off duty,” said Emily Smith, the attorney representing the officer.

Lawyers such as Smith who are representing the officers typically try to explain to immigration judges that as former police officers, their clients would be persecuted if they were forced to return to El Salvador. But the attorneys are also aware of how narrowly U.S. asylum law can be applied, and that the courts are unlikely to grant asylum to all former officers.

“What we chose to do is focus on the specific threats facing our client,” said Patrick Courtney, who last year represented a Salvadoran officer who had been physically assaulted in his home before fleeing. “We focused on his anti-gang views, on the fact that the threats were directed at him individually.”

Courtney’s client was granted asylum late last year. They discussed where he would live in the United States, and what he would do next. The former officer had only one goal: He wanted to join the United States military.

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

Former policemen have been recognized by BIA precedent as a “particular social group” for asylum for many years. Matter of Fuentes, 19 I&N Dec. 658 (BIA 1988). However, in their rush to deny asylum to Central Americans, particularly under  this xenophobic Administration, some U.S. immigration Judges and BIA panels simply choose to ignore precedent or to manufacture other reasons to deny asylum.

Granting asylum to endangered former police officers clearly is appropriate; but, granting it to the women targeted because of their gender whom those police cannot protect is equally required. Nevertheless, Sessions simply “streamrolled” the asylum law in Matter of A-B-.

While some U.S. Immigration Judges have recognized that even A-B-, properly read without regard to its pernicious dicta, leaves plenty of room for protecting refugee women who have suffered or fear domestic violence, others, and a number of BIA “panels” have jumped on the “Sessions deportation express.” I wouldn’t count on new AG Bill Barr to restore justice to this system, particularly since he has retained some of Sessions’s worst and most unqualified henchmen on his staff.

That’s why we need a legitimate, independent Immigration Court system not beholden to prejudiced “enforcement only” officials in the DOJ and the Executive Branch. It’s also time for a better and wiser Congress to specifically write gender into the asylum law to guard against this and future scofflaw Administrations who seek to inflict cruelty and injustice on some of the most vulnerable and deserving among us.

PWS

03-04-19

PARENTS VICTIMIZED BY SESSIONS’S CHILD ABUSE RETURN TO BORDER SEEKING THEIR CHILDREN, JUSTICE, & MERCY FROM A SYSTEM RUN BY THOSE WHO MOCK THE CONCEPTS! — Abusers Escape Accountability While Victims Continue To Suffer!

https://www.washingtonpost.com/world/the_americas/29-parents-separated-from-their-children-and-deported-last-year-arrive-at-us-border-to-request-asylum/2019/03/02/38eaba7a-2e48-11e9-8781-763619f12cb4_story.html

Kevin Sieff and Sarah Kinosian report for the Washington Post:

Twenty-nine parents from across Central America who were separated from their children by U.S. immigration agents last year crossed the U.S. border on Saturday, demanding asylum hearings that might allow them to reunite with their children.

The group of parents quietly traveled north over the past month, assisted by a team of immigration lawyers who hatched a high-stakes plan to reunify families divided by the Trump administration’s family separation policy last year. The 29 parents were among those deported without their children, who remain in the United States in shelters, in foster homes or with relatives.

At about 5 p.m. local time, the families were taken to the U.S. side of the border by immigration agents, where their asylum claims will be assessed.

Although the Trump administration’s family separation policy has prompted congressional hearings, lawsuits and national protests, the parents have for nearly a year suffered out of the spotlight at their homes in Honduras, Guatemala and El Salvador. They celebrated birthdays and Christmas on video calls, trying to determine whether their children were safe.

Now, they will pose a significant test to the embattled American asylum system, arguing that they deserve another chance at refuge in the United States, something rarely offered to deportees.

Before the Trump administration, families had never been systematically separated at the border. And before Saturday, those families had never returned to the border en masse.

More than 2,700 children were separated from their families along the border last year, according to the Department of Health and Human Services. About 430 of the parents were deported without their children, and at least 200 of them remain separated today. Some waited in the hope that U.S. courts would allow them to return to the United States. Others paid smugglers to get them back to the border. Then came Saturday’s confrontation.

The group of parents walked toward the border here, flanked by local religious officials, and then waited at the entrance to the United States as the lawyers negotiated with U.S. officials. The parents sat on wooden benches, surrounded by their luggage, while officials decided how many of the parents to allow into the country.

Over the past three weeks, the parents stayed in a Tijuana hotel, sharing rooms and preparing for asylum hearings. They showed one another documents that their children had sent them: photos of foster families and report cards from Southwest Key, a company that runs shelters for migrant children.

A woman explained through tears how her daughter had tried to kill herself while in government custody. A man spoke about trying to communicate with his daughter, who is deaf, over a shelter’s telephone. Others carried bags full of belated Christmas gifts for their children.


José Ottoniel, 28, from Guatemala, at the Hotel Salazar in Tijuana, Mexico. Ottoniel was separated from his 10-year-old son, Ervin, and deported. (Carolyn Van Houten/The Washington Post)

Many of the parents, like José Ottoniel, from the tiny town of San Rafael Las Flores, Guatemala, said they had been pressured into signing deportation papers after being separated from their children, before they could begin their asylum claims. When he returned home after being deported in June, Ottoniel was told that his 10-year-old son, Ervin, was still in the United States at a shelter.


Ottoniel and Ervin are seen in a picture taken on Sept. 15, 2017, Guatemala’s independence day. (Daniele Volpe/for The Washington Post)

The family chose to keep Ervin in the United States with an uncle, rather than forcing him to return to the violence and poverty of their home village. It was a wrenching decision that Ottoniel’s wife, Elvia, who had remained in Guatemala when Ottoniel had tried to cross the border, eventually decided she couldn’t live with. In January, she paid a smuggler $8,000 to travel to the United States to reunite with Ervin in Arkansas, applying for asylum in South Texas.

A few days later, Ottoniel received a call from an American immigration lawyer with the Los Angeles-based legal advocacy group Al Otro Lado, which means “to the other side.” The attorney asked him if he was willing to travel the 2,500 miles from his village to the U.S.-
Mexico border to deliver himself once again to immigration agents.

Al Otro Lado had received more than a million dollars in financial assistance from organizations such as Families Belong Together and Together Rising, which mounted fundraising campaigns in the midst of the government’s separation policy. The lawyer told Ottoniel that the organization would pay for his buses, flights and hotels.

“At that point, we were already seeing some of these parents paying smugglers to bring them back to the U.S.,” said Erika Pinheiro, litigation and policy director for Al Otro Lado, which had interviewed deported parents from across Central America who feared for their lives because of violence in their home countries. “We needed to provide them with another option.”

For Ottoniel, who referred to his family as “disintegrated,” it seemed his best shot at a reunion.

“It was a chance to see my son again. How could I say no?” he said.

Ottoniel and other parents converged at a three-story hotel in Tijuana,where lawyers told them to remain quiet about their plans. They rehearsed how they would address U.S. immigration officials. They watched telenovelas. At night, they called their children across the border.

There was Luisa Hidalgo, 31, from El Salvador, whose daughter, Katherinne, 14, is in the Bronx with a foster family. The girl texted her mother the same words over and over: “Fight for me.”

Luisa Hidalgo, 31, from El Salvador, displays a jewelry box she purchased to give her daughter when they reunite. (Carolyn Van Houten/The Washington Post)

Hidalgo sits for a portrait Feb. 14 in Hotel Salazar. (Carolyn Van Houten/The Washington Post)

There was Antolina Marcos, 28, who said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. “How can I live when she’s so far away?” Marcos said.

There was Santos Canelas, 44, who said he fled Honduras with his 16-year-old daughter, Merin, in May after gang members threatened to sexually assault her. She is living in New Orleans with a cousin. “Without my daughter, I’m dead inside,” he said.

In most of the 2,700 cases from when the Trump administration separated families at the border last year, both the parents and children remained in the United States, sometimes held in shelters and detention centers thousands of miles apart. Almost all of those families have now been reunified and are in the process of pursuing their asylum claims.

But the cases of about 430 parents deported without their children were particularly difficult. Often, the government lost track of which child belonged to which parent, and it did not link their immigration cases, sending parents back to Central America without telling them where their children were.

In some of those cases, parents later made the painful decision to leave their children in the United States, typically with relatives, rather than bringing them back to the violence and poverty from which the families fled. In other cases, the U.S. government determined that the parents were unfit to receive their children, often based on their criminal records.

Pablo Mejia Mancia, 53, from Honduras, was separated from his 10-year-old daughter, Monica, when they crossed the border in Reynosa, Mexico. Monica was detained for 3½ months. (Carolyn Van Houten/The Washington Post)

Santos Canelas, 45, from Honduras, was separated from his daughter Merin, 16, who was detained for five months. Back home, gang members had threatened to rape his daughter. (Carolyn Van Houten/The Washington Post)

After Trump signed an executive order officially ending the family separation policy on June 20, lawyers launched a legal battle to reunify many of the deported parents and their children in the United States. The American Civil Liberties Union filed a lawsuit demanding that the government allow 52 parents back into the United States to pursue their asylum claims, which the lawyers argued had been stymied after the parents were separated from their children at the border.

But the government has not responded to that appeal and later said it needed more information about the parents from the ACLU. It remains unclear when, or if, the U.S. government will invite those parents back to the United States to launch new asylum claims.

“The government has resisted bringing anyone back who was separated and deported without their kids,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project. “We hope the government will take a fresh look at these cases.”

But as the government declined to articulate any plan to reunify the families, Pinheiro decided waiting much longer would put the parents at risk. Some had relocated to a safe house in Guatemala City to escape threats in El Salvador and Honduras. Some had already been without their children for more than a year, and those separations were taking a psychological toll.

“We gave them the option — you can wait for the court process, or you can do it this way,” Pinheiro said. Al Otro Lado worked with the ACLU to identify the separated parents in Central America, but the ACLU was not involved in bringing the 29 parents back to the border.

With few other options, Pinheiro said, almost every parent she approached accepted her offer. The parents first gathered in the Guatemalan city of Tecun Uman before crossing into Mexico with humanitarian visas that Al Otro Lado helped arrange. They flew to Mexico City and then to Tijuana, eventually taking a bus to Mexicali.

“We’re traveling back to the border where we lost our children in the first place,” said Pablo Mejia Mancia, 53, of Honduras, who was separated from his daughter, who is now 9 years old, when they crossed the border into Texas in May.


Antolina Marcos said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. (Carolyn Van Houten/The Washington Post)

It’s likely that some of the parents could be detained for months if the government decides to process their asylum claims. The U.S. policy of forcing asylum seekers to wait in Mexico has not yet been put into practice in Mexicali.

“They’re standing right at the border, preparing to reenter a system that traumatized their families months earlier,” Lindsay Toczylowski, executive director of the Immigrant Defenders Law Center, who counseled the parents in Tijuana, said before the parents crossed into the United States. “It says a lot about what they’re fleeing, and what they lost.”

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

Folks, we don’t have to look much further than Michael Cohen’s testimony (even if every word isn’t absolute truth), the House Judiciary GOP’s disgusting “head in the sand” performance, and Trump’s totally deranged two-hour litany of lies, distortions, fabrications, and White Nationalist myths before a deliriously giddy audience at CPAC this weekend to see that our country is in deep trouble. 

Four out of ten voters and a major party just don’t care if we’re “led” by a congenital liar, racist, and suck-up to the world’s worst dictators, who lacks any trace of human empathy, an essential ingredient for governing for the common good.

In the meantime, your tax dollars are being spent on misguided, wasteful, and counterproductive “immigration enforcement” and a failed Immigration Court system that no longer prioritizes Due Process and fundamental fairness. Never forget that the damage already done to these families and children might well be irreparable and that we are responsible as a nation for the atrocities, deceptions, and mindless cruelty carried out by Trump and his minions in our name. Yes, as these pictures by Carolyn Van Houten show, there are real human beings out there, decent people much more like us than we might choose to believe, who are suffering because of what our Government has become.

It could be a long uphill fight to save our republic.  But, that’s what the New Due Process Army is fighting to do every day!

PWS

03-03-19

TRUMP’S DUMB & UNLAWFUL POLICIES INCREASE ILLEGAL BORDER CROSSINGS & UNNECESSARILY ENDANGER REFUGEES — The DHS Lies By Calling Them “Illegitimate Asylum Seekers” & Dishonestly Implying That Their Claims Aren’t Legitimate — In Fact, Asylum Seekers Have A Right To Apply At The Border That Trump Is Unlawfully Denying — They Also Have A Legal Right To Apply Regardless Of How They Enter!

https://www.nbcnews.com/politics/immigration/trump-restricted-flow-border-more-migrants-trying-sneak-through-undetected-n976356

Julia Ainsley

Julia Edwards Ainsley reports for NBC News:

WASHINGTON — Undocumented immigrants are increasingly choosing to cross the U.S. border illegally rather than waiting in line to claim asylum at legal ports of entry, according to U.S. Customs and Border Protection data obtained by NBC News.

Immigration lawyers and rights advocates say asylum seekers are opting for illegal crossing because they are growing frustrated with waiting lines caused by Trump administration policies. Advocates say immigrants who might otherwise have presented themselves at legal ports are now going between entry points where, if caught, they can remain in the country while awaiting an asylum hearing.

In recent months, CBP has restricted the number of immigrants who can be processed for asylum at ports of entry and has begun turning back asylum seekers, who must now wait in Mexico while their cases are decided.

CBP data shows that at the same time, the proportion of immigrants caught crossing illegally rather than through legal ports of entry has been rising.

It climbed from 73 percent of border crossings between October 2017 and January to 2018 to 83 percent for the same period ending this January 31. The percentage reporting to legal ports of entry, meanwhile, dropped from 27 percent to 17 percent, even as the overall number of border crossings rose sharply, according to the data.

An official from the Department of Homeland Security, of which CBP is a part, said those abandoning legal entry points may not have legitimate asylum claims.

“The fact that illegitimate asylum seekers may be abandoning efforts at our [ports of entry] means that legitimate asylum seekers at the [ports of entry] can receive protections far more quickly — which has been our goal from the start,” said the DHS official. The department declined to comment on the record.

WAITING IN TIJUANA

In January, U.S. officials finalized a deal with Mexico that forces asylum seekers who present themselves at the legal port of entry in San Diego back across the border to Tijuana. There they must wait months or years, often in unsafe and unsanitary conditions, while an American immigration judge determines whether asylum can be granted. The policy, known as Remain in Mexico, may soon spread to other ports of entry if Mexico agrees to shelter the immigrants at other locations.

Illegal crossers, meanwhile, do not have to wait in Mexico, even if they are caught. Two DHS officials told NBC News that there are no plans to send asylum seekers back across the border if they are caught crossing illegally, primarily because the Mexican government lacks the infrastructure to shelter them at what are often remote points.

If they are caught and do not claim asylum or pass the initial asylum screening, procedure requires that they are flown back to their home countries. Most current border crossers are not from Mexico but from Honduras, Guatemala and El Salvador.

Immigration advocates and lawyers say immigrants are being warned about the conditions in cities like Tijuana and are increasingly choosing to risk apprehension by the Border Patrol while crossing into the U.S. illegally instead of waiting in Mexico.

Michelle Brané, director of the Women’s Refugee Commission, said 9 out of 10 immigrants she spoke to in CBP custody would tell her and her staff they made the choice to cross illegally after other migrants told them the line to enter legally would mean a long wait in a dangerous place.

“They would say, ‘There was a line and they told me I would get turned away,’ or, ‘People told me it’s too dangerous and you can’t get in that way,'” Brané said.

The most notorious line is in Tijuana, where thousands of immigrants have waited in shelters and tent camps since last fall, hoping to claim asylum to enter San Diego.

Immigrants in Tijuana keep what is known as “la lista,” or the list, to decide who can approach the U.S. border each day to claim asylum, according to affidavits by immigration lawyers. Due to a U.S. policy known as metering, only about 40 to 100 immigrants per day are permitted to enter. CBP is only permitting a maximum of 20 migrants per day to cross into Eagle Pass, Texas, where another group of about 1,800 immigrants has recently arrived.

DHS says metering is a result of only being able to process so many asylum seekers per day, due to limited resources. However, the Trump administration has not increased its manpower for processing asylum claims at the border, though it has increased border enforcement officers and numbers of military troops.

A CALCULATED RISK

The number of undocumented immigrants attempting to enter the U.S. from Mexico is not near levels seen in the early 2000s. But the overall number of undocumented immigrants crossing the southern border has risen since a year ago. From October 2017 to January 2018, according to CBP figures, 150,346 crossed the border, a number that surged to 242,667 in the same four-month period ending in January 2019.

The biggest surge has come in the numbers who are crossing illegally. CBP apprehended more than 200,000 crossing illegally between October 2018 and this January, compared to 109,543 a year earlier — nearly doubling the total of illegal crossings.

Working with asylum seekers in Tijuana in December, Kennji Kizuka, senior researcher and policy analyst at Human Rights First, said he saw some immigrants grow frustrated with the wait and try their luck at crossing illegally.

“People were leaving and saying they were about to cross. They had just given up on waiting their turn to get on the list after finding out how long it was and how many months they would be there and how horrible the conditions were,” Kizuka said.

But crossing between legal ports of entry also comes with dangers.

Late last year, two children who crossed with their parents died in CBP custody after being picked up in remote areas after making long journeys, where access to water and other basic needs are severely limited.

Border Patrol Chief Carla Provost told Congress on Tuesday that for the first time in U.S. history, families and unaccompanied children make up 60 percent of those arrested between ports of entry. Also, Provost said border patrol is noticing that families and unaccompanied children are traveling in larger numbers: Nearly 68 groups ranging from 100-350 so far in 2019, compared to 13 last year and two the year prior.

Immigration advocates say the large groups are due in part to a “safety in numbers” strategy as families and children are being warned about the dangers not only on the journey but as they await entry to the U.S. in northern Mexico.

IEVA JUSIONYTE @ LA TIMES: Border Walls, Fences, & Barriers Are, At Best, Marginal To Real Law Enforcement – But, They Are Absolutely Guaranteed To Cause Fractures, Trauma, & Amputations For Refugees Fleeing Persecution & Other Desperate People Just Looking For A Better Life!

https://www.latimes.com/opinion/op-ed/la-oe-jusionyte-border-emergency-responders-20190217-story.html

Jusionyte writes in the LA Times:

We found her in a ditch a few steps away from the rusted border fence on the east side of Nogales, Ariz., an inch-and-a-half laceration on her swollen forehead. She came from Guerrero, one of the most violent states in Mexico, and could not remember how she landed on the rugged surface after her grip on the top of the barrier failed and she fell.

Six firefighters carried her to the ambulance, which took her to a helicopter bound for the regional trauma center in Tucson. Captain Lopez recorded the incident in the logbook when we returned to the firehouse: “1107 Medic 2, Engine 2: Dead End Freeport — Jumper/Head Injury.” This was two lines below an entry logged earlier that morning, for a teenage boy who had come down with a 102-degree fever while locked in a cell at the Border Patrol station after agents apprehended him in the desert: “0951 Medic 2: 1500 West La Quinta Rd — High Fever.”

Emergency responders are the first on the scene in any life-threatening situation: car accidents, drug overdoses, heart attacks, shootings. In the southern United States, the list of routine trauma scenarios includes border-related injuries.

For more than a year, while I was volunteering as an EMT and paramedic in Arizona, I witnessed ambulances pick up wounded border crossers so frequently that some of my peers were casually referring to the cement ledge abutting the fence as “the ankle alley.”

Such reinforcements don’t contribute to national security. Instead, they erode the foundations of public safety in communities on both sides of the border.

From EMTs to emergency room doctors, medical professionals see firsthand how, as the design of the barrier changes, so do the patterns of injury: While the previous, shorter fence, built in the 1990s and made of sharp corrugated sheet metal, amputated the fingers of those who tried to scale it, the current 20-foot-tall bollard barrier causes orthopedic fractures and multi-system trauma.

Emergency responders also see that, no matter its design, the fence does not deter unauthorized migrants. Even more often than ambulances are dispatched to “the ankle alley,” they are sent to help those choosing the dangerous journey across what the Border Patrol calls “hostile terrain,” where enforcement is outsourced to the extreme environment.

Migrants rescued in the desert are often severely dehydrated and face a life with permanent kidney damage. Lucky ones, nevertheless: In the last two decades, more than 7,000 people have died crossing the increasingly militarized Southwest border region, some of them from head trauma suffered when they fell off the fence in Nogales.

The border fence, now enhanced by spools of concertina wire, is a key component of “tactical infrastructure,” a term Customs and Border Protection uses to refer to the assemblage of materials and technologies that regulate movement in the name of national security. CBP doesn’t have metrics to assess whether fencing contributes to their border enforcement operations, as the Government Accountability Office noted in a report released last year.

The ineffectiveness of current fences has nothing to do with their size or their length. Barriers along the border have doubled in height since the 1990s and now cover nearly 700 miles, or about one-third of the length­ of the U.S. Southwest border. But they have failed to stop unauthorized migrants or illegal drugs.

Still, as we can see from the ongoing debate on border security among lawmakers, there are no plans to abandon this brutal and ineffective enforcement strategy.

The stubborn focus on barriers is shortsighted, and it obscures how the deployment of tactical infrastructure harms and threatens the safety of communities that straddle the international boundary, such as Nogales. The same emergency responders who splint broken legs and give IV fluids to wounded border crossers depend on partnerships with fire departments in Mexico. Wildfires and flash floods, air pollution and toxic spills spread from one country to another without regard for borders. Walls don’t stop them.

Arizona is downhill, downwind and downstream from the Mexican state of Sonora. Towns on both sides have their public utilities and transportation systems intermeshed. In Nogales, Ariz., and Nogales, Sonora — together known as Ambos Nogales — an arroyo and a sewage pipeline cross the border through a drainage tunnel underneath the port of entry, where residents line up for passport control steps away from railcars carrying sulphuric acid. Aware of this intertwining, emergency managers and first responders have developed binational partnerships.

The U.S. Forest Service and Mexico’s National Forestry Commission jointly fight wildfires within 10 miles of the border. Sister cities have mutual aid agreements, which allow them to share resources in cases of emergency on either side. While Americans push fire hoses through the gaps in the fence, supplying their peers in Mexico with water, Mexican volunteers come to the U.S. side to provide manpower in large structure fires and search-and-rescue operations. Such cooperation is more than a century old. It precedes the fence that divides the communities.

Building barriers undermines these achievements and imperils border residents. To speed up the construction of the wall after Sept. 11, 2001, the Department of Homeland Security was authorized to waive more than 30 environmental and other federal laws, including regulations preserving clean air and clean water. Tactical infrastructure, deployed at any human, social or ecological cost, exacerbates the potentially disastrous consequences of natural phenomena.

We saw it happen a decade ago, when the CBP installed a 5-foot concrete barrier inside the drainage tunnel under Nogales. The barrier formed a bottleneck. With heavy rain, water pressure kept rising, until about 1,000 feet of the tunnel collapsed and inundated the city. Mexican authorities declared the area a disaster zone, citing damage to hundreds of homes, while the CBP recovered two bodies, suspecting the drowned were unauthorized migrants. Despite calls for investigations and reparations, the U.S. government’s only concession was an offer to lower the barrier by a foot and a half.

Such reinforcements don’t contribute to national security. Instead, they erode the foundations of public safety in communities on both sides of the border. As U.S. soldiers added more concertina wire to the fence in Nogales earlier this month, an EMT told me he dreads the day he may be called to help someone entangled in its razor-sharp coils.

Ieva Jusionyte is an assistant professor of anthropology and social studies at Harvard University and the author of “Threshold: Emergency Responders on the U.S.-Mexico Border.” She has volunteered as an emergency medical technician, paramedic and firefighter in Florida, Arizona and Massachusetts.

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On the “real border,” Trump’s lies and White Nationalist nonsense don’t just waste money and create artificial barrier to international cooperation; they actually harm folks on both sides every day. And, they most certainly bring us no closer to the rational solutions needed to manage a shared border and reasonably control and channel human migration.

PWS

02-18-19

 

“LIES, DAMN LIES, & (BOGUS) STATISTICS” — That Sums Up Trump’s White Nationalist Immigration Agenda — America Needs To Stand Up Against This Would-Be Fascist Tyrant Who Threatens Our Country, Our Constitution, & Our Precious Democratic Institutions!

https://www.washingtonpost.com/opinions/dont-be-fooled-by-trumps-make-believe-crisis/2019/02/15/b66adc60-3158-11e9-8ad3-9a5b113ecd3c_story.html

From the Washington Post Editorial Board:

IT IS hard to single out any single event in Donald Trump’s presidency as the most untethered from truth and reality. Still, Friday’s news conference, in which Mr. Trump tried to defend his end run around Congress based on a make-believe emergency at the southern border, was, to use the president’s own words, a “big con game.”

Mr. Trump’s technique is to spin fiction as fact, secure in the knowledge that minds will reel as fact-checkers labor to deconstruct his ziggurat of falsehoods. So let’s stick to one big, basic truth: There is no crisis at the southern border.

There is no crisis, and there is no justification to specifically and surgically contravene the will of Congress, which just weighed and dismissed Mr. Trump’s demand for $5.7 billion to build a border wall, opting instead to grant him $1.375 billion.

Fact: Illegal crossings between ports of entry, as measured by Border Patrol arrests along the Mexican border, have plummeted since the turn of the century, falling to just below 400,000 in the most recent fiscal year, from more than 1.6 million in 2000. That nose-dive in illegal crossings coincides with better economic conditions in Mexico and a major increase in Border Patrol agents, technology and infrastructure along the southwest frontier.

Fact: Most illegal drugs that enter the country from Mexico are discovered by authorities at legal crossing points, not in remote areas where a wall would serve as a deterrent. That was the case, according to U.S. Customs and Border Protection, for 90 percent of the heroin seized along the border. It’s not a Democratic talking point. Vice President Pence, in an opinion piece published last month in USA Today, noted that most seizures of illegal narcotics are “primarily at points of entry.”President Trump declares a national emergency at the U.S.- Mexico border during remarks about border security in the Rose Garden of the White House on Feb. 15. (Oliver Contreras/For The Washington Post)

Fact: The number of illegal immigrants in the United States has been falling for more than a decade, and two-thirds of those who remain have been here for more than a decade. An estimated 10.7 million unauthorized migrants were in the country in 2016, about 1.5 million fewer than in 2007, according to the Pew Research Center.

Fact: Mr. Trump, having conjured a nonexistent crisis, simply could not countenance his failure to persuade Congress to pay for his border wall. The source for this assertion is the president himself, who acknowledged in his news conference Friday that “I didn’t need to do this” and “I just want to do it faster.”

The emergency for Mr. Trump is purely political, impelled by expectations inflated by his campaign promises to build a border wall and force Mexico to pay. Having conflated a political crisis with a national one, Mr. Trump chooses to dodge, dissemble and lie. A self-respecting Congress would not let stand this manufactured emergency.

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We shouldn’t think that just because 1) the courts  likely will stop Trump; and 2) even if they don’t, he’s too incompetent to build much wall anyway, no matter how long his regime lasts, everything “will be OK.”

The real tragedy and shameful disgrace is that with the time, money, and resources being squandered on “Trump’s fraud on America,” a competent “real” Administration could actually solve the problem in less time using current legal procedures.

A “real government” with those resources could:

  • Hire more Asylum Officers to do “credible fear” interviews;
  • Hire more U.S. Immigration Judges and Court staff to hear asylum cases in accordance with Due Process;
  • Provide lawyers for all asylum applicants; and
  • Hire more CBP Inspectors for Ports of Entry.

It’s not “rocket science;” it’s just using common sense to solve problems in accordance with the law, the (not alternative) facts, and without racist bias.

With competent apolitical professional management, which is undoubtedly available but unsought by this Administration, it could happen in the foreseeable future. And, unlike the “wall hoax,” a solution consistent with the law and due process actually would be as “durable” as anything can be in the 21st Century!

The 2020 elections will be a critical opportunity to use our existing democratic institutions to stop the perverted regime of this pathetic, yet dangerous, self-styled “Knockoff American Mussolini” and to end the “minority rule” that has allowed him and his party to assume power against the will and in disregard for the best interests of the majority of Americans. For the sake of our nation’s future and that of our world, we can’t afford to blow it!

PWS

02-16-19

ACLU & SPLC SUE TRUMP ADMINISTRATION ON “MIGRANT REJECTION PROTOCOLS!”

https://www.bustle.com/p/this-update-on-trumps-remain-in-mexico-policy-means-its-about-to-face-a-challenge-15956331

Kavitha George reports for Bustle:

Two weeks ago, immigration authorities began to enforce a new policy that requires some asylum seekers to wait in Mexico while their claims are being processed. NPR and The Washington Post have already reported on migrant families being returned across the border by Department of Homeland Security (DHS) officials. But a new update on Trump’s “Remain in Mexico” policy means it’s about to face a legal challenge.

On Thursday, the American Civil Liberties Union (ACLU) and the Southern Poverty Law Center (SPLC) teamed up, filing a lawsuit to address the matter in Northern California’s District Court. The suit names DHS Secretary Kirstjen Nielsen, as well as numerous Customs and Border Protection (CBP) and Immigrations and Customs Enforcement (ICE) officials. Nielsen has described the policy, officially known as Migrant Protection Protocols as “a huge step forward in bringing order to chaotic migration flows, restoring the rule of law and the integrity of the United States immigration system.” Bustle has reached out to DHS and ICE for comment.

However, some civil rights organizations disagree with that characterization. “Immigration authorities are forcing asylum seekers at the southern border of the United States to return to Mexico — to regions experiencing record levels of violence,” the lawsuit reads. “By placing them in such danger, and under conditions that make if difficult if not impossible for them to prepare their cases, Defendants are depriving them of a meaningful opportunity to seek asylum.”

In its statement, the ACLU rejected the administration’s claims of an immigration crisis at the border.

Before the implementation of the new return policy, asylum-seekers would legally enter the country through a port of entry along the border, and remain in detention while they waited for a “credible fear” assessment. If they were approved, migrants could remain in the country until a future court hearing. However in 2018, CBS News reported, the Trump administration hit a record high in asylum denials, rejecting some 65 percent of applicants.

In a December statement, Nielsen described the “catch and return” policy as a way to prevent migrants trying to “game the system” by obtaining entry and then “disappear[ing] into the United States, where many skip their court dates.” In fact, according to the Department of Justice’s own data from the 2017 fiscal year, some 89 percent of asylum-seekers released into the country return for their court dates.

Under the new plan, CBS reported, migrants crossing at the San Ysidro checkpoint in San Diego, are processed and returned across the border to Tijuana with a toll-free phone number to check on their claim status. Immigration rights activists argue that this system defeats the purpose of an asylum claim for people trying to escape violence and political unrest in Central America.

“They’re just spending their time just trying to survive in Tijuana,” Aaron Reichlin-Melnick, an analyst for the American Immigration Council, told CBS. “We know that there are people who have been turned away from the border who have then been kidnapped, raped. There are likely people who have been murdered.”

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

Everybody expected this, including the Trumpsters.  Stay tuned for the results.

One problem that I see right off the bat for the DHS is counsel. The immigration law guarantees individuals in removal proceedings the right to be represented by counsel of their own choice at no expense to the Government.

Not only did the Administration put these “Protocols” into operation without consulting with NGOs and pro bono groups on both sides of the border, but there have been credible reports of DHS actually harassing and impeding American lawyers going back and forth to Mexico in an attempt to provide the representation guaranteed by statute (and probably also by Due Process).

Additionally, contrary to Nielsen’s lies and misrepresentations, there really was no coordination with the Mexican Government of what steps would be taken to guarantee U.S. lawyers reasonable access to clients in Mexico. There have also been credible reports that the Mexican authorities have been uncooperative and have placed roadblocks in the way of attorneys representing asylum seekers. Add that to the fact that like Trump himself, Nielsen and DHS are well-known for lying, evading, and misrepresenting to Congress, the Federal Courts, the press, and the American people, and we have the makings for yet another in the series of “failed restrictionist initiatives” taken by the Trumpsters.

PWS

02-15-18

 

HON JEFFREY S. CHASE: Trump’s Disingenuously Named “Migrant Protection Protocols” Are Anti-American – “As the late Arthur Helton wrote more than 25 years ago, ‘A basic measure of a civilized society is the way it treats strangers.’”

https://www.jeffreyschase.com/blog/2019/2/10/wait-in-mexico-policy-access-to-counsel-amp-crime

Feb 10 Wait in Mexico Policy, Access to Counsel, & Crime

A February 1, 2019 article in the L.A. Timesreported that two American attorneys who work for the immigrant rights organization Al Otro Lado, which has sent attorneys to Tijuana to offer advice to Central American refugees seeking to apply for asylum in the U.S., were stopped by Mexican immigration officials while attempting to enter that country.  The attorneys were detained and questioned, and eventually denied entry because their passports had been “flagged.” One of the lawyers was actually traveling to Mexico on a family vacation, and was separated from her husband and 7-year-old daughter at the airport and taken to a separate room where she was interrogated.  Her crying daughter was eventually allowed to join her; the two were held for 9 hours and forced to sleep on a cold floor without food or water before being sent back to the U.S. Two journalists who had been covering the issue of refugees seeking asylum at the U.S.-Mexico border suffered the same experience. The Mexican government denied responsibility for the “flagging;” one of the journalists was told “the Americans” were responsible.

One of my first reactionsto the remain in Mexico policy was the impact it would have on access to counsel.  I have heard disturbing first-hand reports from individuals who have traveled to Tijuana to provide legal assistance to refugees there.  When crossing back to the U.S., American citizens identified by Customs and Border Patrol officers as “activists” have been harassed by being sent to secondary inspection, where they have been questioned and, remarkably, have had the contents of their electronic devices accessed by DHS agents.  A means of avoiding such treatment was to fly directly to Mexico. However, the reported policy of flagging the passports of attorneys engaged in such work has undermined that route as well. Thus, attorneys are being treated like criminals for the “crime” of doing their job of providing legal assistance to asylum seekers.

While DHS focuses on such imaginary “crime,” it willfully ignores the actual crime to which those asylum seekers forced to wait in Mexico are exposed.  In a letterto DHS Secretary Kirsjen M. Nielsen, the American Immigration Council, American Immigration Lawyers Association, and Catholic Legal Immigration Network reported that 90.3% of asylum seekers surveyed said that do not feel safe in Mexico; 46% stated that either themself or their child had suffered harm in Mexico, and 38.1% reported mistreatment at the hands of the Mexican police.  Female asylum seekers accompanied by their minor children reported suffering crimes in Mexico including rape, sexual assault, kidnaping, extortion, and death threats.

Keep in mind that the Administration has shamelessly named its wait-in-Mexico policy the “Migrant Protection Protocols.”  Instead, the policy exposes asylum seekers (including vulnerable unaccompanied children and families) to crime and police harassment, while restricting their access to counsel.

Access to counsel is increasingly critical to Central American asylum seekers, many of whose claims require proving that their fear is on account of their membership in a particular social group.  Where fear is of non-governmental persecutors, applicants must further establish that the government is unable or unwilling to control such actors, and that internal relocation to another part of the country was not reasonable.  Meeting these criteria requires an applicant to offer complex legal theories, and to support such claims with affidavits, reports, and articles from one or more experts. Without legal assistance, this is a daunting task for refugees (some of whom are families or children) living under difficult conditions (including the above-mentioned exposure to crime and government harassment) on the Mexico side of the border.  Under present BIA precedent, an asylum seeker who is just a little off in formulating their particular social group (even if they included one word too many or too few) is stuck with such formulation, and may not amend it should they be fortunate enough to obtain counsel to assist them with their appeal. See Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018).

The Trump Administration’s policies towards Central American asylum seekers has consistently run counter to our country’s international treaty obligations.  The Administration has tried to argue that those fleeing to our country are not truly refugees, falsely painting them (in the words of a Human Rights First release) as “frauds, security threats, and dangerous criminals.”

By undertaking efforts on so many fronts to make it increasingly more difficult for such claimants to succeed in their asylum applications, the Administration seeks to paint the resulting drop in grant rates as “proof” that such claims are “fraudulent.”  In criminally prosecuting those who eventually try to cross the border when they are no longer to endure the conditions under which refugees are forced to wait in Mexico, the Administration cites such convictions as “proof” that the refugees are “criminals.”  The Administration seems to view the flight to the U.S. as a choice, and believes that its deterrence policies might convince refugees to simply return to their home countries.

Such view is at odds with reality.  This December articleby Prof. Karen Musalo in the Yale Journal of Law & Feminismadds further corroboration to the many reports detailing the horrible violence Central American refugees are fleeing.   And the World Migration Project at the Columbia Univ. School of Journalism continues to track those who have suffered harm (including death) following their deportation from the U.S.; its findings also counter the Administration’s position that those fleeing are not truly refugees, and that repatriation is a viable option.

As the late Arthur Helton wrote more than 25 years ago, “A basic measure of a civilized society is the way it treats strangers.”  Similarly, Jorge Ramosrecently wrote in Timemagazine that “countries are judged by the way they treat the most vulnerable, not the rich and powerful.”  Our government’s policies towards asylum seekers (including its most recent efforts to interfere with that population’s ability to retain counsel), and its willingness to expose such a vulnerable population to harm (including murder and rape) shames us all.

Copyright 2019 Jeffrey S. Chase.  All rights reserved.

 

JEFF CHASE

Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

 

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Feb 10 All The World’s A Stage (including the 2d Cir.!)

 

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As Jeffrey and I have pointed out a number of times before, a “bona fide Administration” could resolve the “self-created non-crisis” at the Southern Border simply by:

  • Following existing asylum laws;
  • Generously granting asylum in accordance with the Refugee Act of 1980, the Supreme Court’s decision in INS v. Cardoza-Fonseca, the BIA’s precedent in Matter of Mogharrabi, and the Handbook;
  • Working with NGOs, pro bono groups, bar associations, “Big Law,” the religious community, and affected states and localities to provide easy access to counsel and achieve universal representation of asylum seekers, which, in turn:
    • has a proven strong correlation to court appearances;
    • makes most detention unnecessary, and most important,
    • safeguards Due Process and the rule of law.

Clearly, these measures could be accomplished more quickly and for far less than the $5.7 billion that Trump so desperately wants to waste on his Wall. And, other than perhaps a few “tweaks” to allow some U.S. Government funding of pro bono and “low bono” representation projects, they would not require a major rewrite of current statues.

By sharply reducing unnecessary and wasteful “civil immigration detention” (a/k/a the “New American Gulag” or “NAG”) and the many legal challenges it generates, the  money and litigation time, on both sides, could be redirected at actually solving the problems, rather than making them worse.

 

PWS

 

02-11-19

 

 

 

 

 

J

 

 

PROVING MY POINT: DOJ/EOIR “NO-SHOW” STATS LIE, PARTICULARLY WHEN IT COMES TO ASYLUM SEEKERS!

http://immigrationimpact.com/2019/01/30/asylum-seekers-show-up-for-court/

Aaron Reichlin-Melnick writes for Immigration Impact:

Immigration restrictionists have often repeated a bold and erroneous claim: that there is a serious problem of asylum seekers who come to the U.S. border and disappear once released from detention. But both fact-checkers and independent studies show this is not true. In reality, the vast majority of asylum seekers diligently attend all of their immigration court hearings.

Given that studies consistently show a high appearance rate for asylum seekers, why do some people keep getting this wrong? Boiled down to its simplest answer: the only government measurement on failures to appear in court has been unreliable for years.

If an immigrant fails to appear for a scheduled immigration court hearing, they may be issued an order of removal “in absentia” (or “while absent”). Each year, the Executive Office for Immigration Review (EOIR) reports the total number of cases that were “completed” by immigration judges. The government report looks at cases that finished with a grant of relief from removal or an order of removal, as well as the percent of case completions which involved an order of removal for failure to appear.

In Fiscal Year 2017, there were 41,384 orders of removal for failure to appear issued out of 149,436 total cases completed. EOIR reported this as a 28 percent failure to appear rate. However, immigration court cases often require multiple hearings before they can be completed and, due to skyrocketing backlogs in the last decade, the average immigration court case takes almost three years to complete.

The government’s statistic counts failures to appear only against the number of cases that are fully completed. By doing this, it neglects to account for the many immigrants who appeared in court in ongoing cases that have not yet reached completion.

As a result, because tens of thousands of immigrants appeared in court in 2017 but did not have a case completed, EOIR’s number does not represent the rate at which immigrants missed court.

Since there are now more than 800,000 people in immigration court, the failure to include these incomplete cases is extremely misleading.

In addition, by only reviewing initial case completions, the statistic doesn’t consider cases where an immigrant missed court through no fault of their own (like in the event of an emergency) and then successfully overturned a removal order. According to an analysis from the Transactional Records Access Clearinghouse (TRAC), excluding cases where the immigrant successfully overturned a removal order for failure to appear “significantly impacts and reduces the calculated rates.”

From 2012 to 2017, over 1.25 million new cases were filed in immigration court, but only 151,000 removal orders were issued for failure to appear; 13.5 percent of the total. When looking only at 2017, cases in which an immigrant was ordered removed for failure to appear constituted just five percent of the 802,503 cases pending or completed in immigration court.

Despite the flaws with using the failure to appear rate as a proxy for the rate at which immigrants miss court proceedings, the government continues to use this number to make policy. This is a mistake; good policy can only be made based on good data.

Given this error, what is the actual rate at which immigrants fail to appear in court? Unfortunately, there is no exact answer for this. But a series of studies has made one thing clear: the vast majority of asylum-seekers attend all their immigration court hearings.

The Detaining Families report, for example, reviewed every case between 2001 and 2016 where a family was detained by ICE and then released. It determined that 86 percent of families had not missed a single court hearing. This number rose to 96 percent when a member of the family filed an application for asylum.

Other studies have come to similar conclusions. According to a review of immigration court records by TRAC, only 22.9 percent of the 167,219 women and children who entered the United States between 2014 and 2017 were ordered removed for failure to appear. Those who managed to obtain counsel were the most likely to appear for their hearings; only 2.3 percent of that group were ordered removed for failure to appear.

Even government studies show similar results. In 2018, U.S. Citizenship and Immigration Services published a study analyzing the outcomes of every person encountered by Customs and Border Protection in 2014. Of the roughly 60,000 individuals who sought asylum at the border that year, only 14 percent had been issued an order of removal that ICE was not able to carry out—likely because the asylum-seeker failed to appear in court and fled.

As long-term studies show, when you actually track individual cases from start to finish, most asylum-seekers diligently appear in court. The government should make policy based on this reality and not their own flawed metrics.

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Trump, Miller, Nielsen, Sessions, Whitaker, and the rest of the “Band of Sycophants” make immigration policy based on a false White Nationalist agenda incorporating intentional lies, distortions, misrepresentations, and racist myths.

Not only do the stats show that asylum applicants show up for Immigration Court, but the also show a high correlation between represented respondents and appearance.

Rather than disgracefully wasting money on all sorts of expensive, ineffective, and often illegal “gimmicks,” one of the best things the Government could do is work with NGOs, pro bono organizations, and the private bar to achieve “universal representation.” It’s much more “doable” and infinitely more effective than the “Wall folly.” The Government could also help facilitate more trained, non-attorney “accredited representatives” to increase Asylum Office and Immigration Court representation.

Instead, Jeff Sessions slandered and went out of his way to disrespect immigration lawyers and make their already difficult jobs next to impossible. And, Nielsen went out of her way to bar, that’s right, bar, attorneys from initial interviews under her inaptly named “Migrant Protection Protocols.” Those protocols also obviously are a thinly veiled attack on representation at the Immigration Court level.

The Trump Administration and its motley crew of corrupt political officials should be confronted with and held accountable for their tireless lies and White Nationalist distortions that endanger the lives and rights of migrants. Harm to one of the most vulnerable among us is harm to all! And, intentional and unnecessary harm to the most vulnerable is a staple of the Trump Administration!

PWS

01-31-19