"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Here’s a wonderful response to Sessions by Kansas City Attorney Andrea C. Martinez:
The “Christian” B.S. Litmus Test By , Andrea C. Martinez, Esq.
To my amazing friends who are atheist, agnostic, or non-Christian. To the good-willed and the pissed-off. To the people who are genuinely confused as to how Jefferson Sessions and Sarah Huckabee Sanders can use the Bible as a justification for abhorrent policies such as the separation of immigrant children from their parents at the border or the persecution of vulnerable asylum seekers, I am a Jesus-follower with a Bible degree from a Christian college and I GIVE YOU PERMISSION TO CALL B.S.
Please join me in calling B.S. whenever you hear people use the Bible to justify the oppression of others. Especially when they misuse and cite Romans 13 to justify their mistreatment. While Romans 13:4 calls us to submit to government authorities because “the one in authority is God’s servant for your good” it does not require us to submit to an unjust law. If the government authority is not acting in a way that reflects God’s law, which is the loving treatment of others, Jesus invites us to participate in civil disobedience. Remember when Jesus healed a man’s hand on the Sabbath in violation of the Jewish law (Mark 3:1-6) and says, “Which is lawful on the Sabbath: to do good or to do evil, to save life or to kill?” Matthew 3:4. Then he goes ahead and heals the man. There are numerous other examples in the Bible of civil disobedience that I would be happy to analyze with you at a different time (like the story of Shadrach, Meshach, and Abednego).
We must look first and foremost to Jesus Himself and His words when deciding whether a law is just and therefore should be followed. Jesus gave us a “Greatest Commandment” litmus test for determining which actions are really done in his name: “So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets.” Luke 6:31. And Jesus provided us a pretty simple “B.S. Litmus Test” (my words, not Jesus’!) to determine whether an action or law reflects His heart. The B.S. Litmus Test is this: “is this law/action/policy treating others as I would like to be treated?” (Matthew 7:12). And a second question would be, “does this law reflect love or fear?” If the latter, it is not from God. Because “perfect love casts out fear.” 1 John 4:18.
Regarding Jesus’ exact instructions on the treatment of immigrants, read Matthew 25: 34-46. Jesus refers to the immigrant/refugee/foreigner as “the stranger” and says, “Then the King will say to those on his right, ‘Come, you who are blessed by my Father; take your inheritance, the kingdom prepared for you since the creation of the world. For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger (refugee/immigrant/foreigner) and you invited me in, I needed clothes and you clothed me, I was sick and you looked after me, I was in prison and you came to visit me.’ “Then the righteous will answer him, ‘Lord, when did we see you hungry and feed you, or thirsty and give you something to drink?When did we see you a stranger and invite you in, or needing clothes and clothe you? When did we see you sick or in prison and go to visit you?’
“The King will reply, ‘Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.’
“Then he will say to those on his left, ‘Depart from me, you who are cursed, into the eternal fire prepared for the devil and his angels. For I was hungry and you gave me nothing to eat, I was thirsty and you gave me nothing to drink, I was a stranger and you did not invite me in, I needed clothes and you did not clothe me, I was sick and in prison and you did not look after me.’
“They also will answer, ‘Lord, when did we see you hungry or thirsty or a stranger or needing clothes or sick or in prison, and did not help you?’ “He will reply, ‘Truly I tell you, whatever you did not do for one of the least of these, you did not do for me.’ “Then they will go away to eternal punishment, but the righteous to eternal life.” -JESUS
PLEASE BE ON GUARD: when you hear a government official use a passage like Romans 13 to try to justify actions that contradict the commandments of Jesus Himself, it is akin to a lawyer trying to convince a judge that a policy or regulation should be followed even though a statute or the Constitution of the United States itself prohibits it. Oh wait, that is exactly what is happening in the Jeff Sessions video above. The United States has ratified international refugee treaties legally obliging our nation to consider the claims of each asylum-seeker on its own merit and the Attorney General has now created his own self-indulging policy persecuting asylum seekers as a “deterrent” to seeking the protection they are legally entitled to. Laws trump policies in the hierarchy of authority, and Jesus’ words trump unjust government action in the spiritual context.
So please join me in calling BS on policies that oppress the immigrant, the refugee, and the foreigner. No citation to Romans 13 can ever trump Jesus’ calling to love the immigrant in Matthew 25. I stand with Jesus-followers and non-Christians alike in the disgusted renunciation of any attempt to cite Holy Scripture as a justification to oppress the weak or the vulnerable. I proudly stand with Jesus and will continue to defend the “stranger” in my law practice as an act of worship to my Jesus who I know loves and cares for them even more than I do.
I call B.S. But, then most of what Sessions says is B.S.
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Here’s another from JRube in the WashPost:
Attorney General Jeff Sessions displayed an appalling lack of appreciation for the religious establishment clause, not to mention simple human dignity. Speaking to a meeting of the U.S. Conference of Catholic Bishops, and in the wake of the Church’s condemnation of the barbaric policy of separating children from their parents at the border, Sessions proclaimed: “Persons who violate the law of our nation are subject to prosecution. I would cite you to the Apostle Paul and his clear and wise command in Romans 13 to obey the laws of the government, because God has ordained them for the purpose of order. Orderly and lawful processes are good in themselves and protect the weak and lawful.” Later in the day, White House press secretary Sarah Huckabee Sanders repeated his religious admonition to obey the law.
This is horrifically objectionable on multiple grounds. First, he is a public employee and must uphold the First Amendment’s establishment clause. If Sessions wants to justify a policy, he is obligated to give a secular policy justification. (Citing the Bible — inaptly — to Catholic bishops who exercise their religious conscience in speaking out against family separation may be the quintessential example of chutzpah.) Second, he is a policymaker, in a position tochange a position that is inconsistent with our deepest values, traditions and respect for human rights. Third, the bishops were not advocating civil disobedience; they were objecting to an unjust law. Sessions is trying to use the Bible to squelch dissent.
We should point out that invoking this Biblical passage has a long and sordid history in Sessions’s native South. It was oft-quoted by slave-owners and later segregationists to insist on following existing law institutionalizing slavery (“read as an unequivocal order for Christians to obey state authority, a reading that not only justified southern slavery but authoritarian rule in Nazi Germany and South African apartheid”).
I’m no expert in Christianity, but the Rev. Martin Luther King Jr. was when he drafted his letter from the Birmingham jail:
Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: “How can you advocate breaking some laws and obeying others?” The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that “an unjust law is no law at all.”
Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.
Sessions perfectly exemplifies how religion should not be used. Pulling out a Bible or any other religious text to say it supports one’s view on a matter of public policy is rarely going to be effective, for it defines political opponents as heretics.
The bishops and other religious figures are speaking out as their religious conscience dictates, which they are morally obligated to do and are constitutionally protected in doing. A statement from the conference of bishops, to which Sessions objected, read in part:
At its core, asylum is an instrument to preserve the right to life. The Attorney General’s recent decision elicits deep concern because it potentially strips asylum from many women who lack adequate protection. These vulnerable women will now face return to the extreme dangers of domestic violence in their home country. This decision negates decades of precedents that have provided protection to women fleeing domestic violence.
Reminding the administration of the meaning of family values, the bishops continued, “Families are the foundational element of our society and they must be able to stay together. While protecting our borders is important, we can and must do better as a government, and as a society, to find other ways to ensure that safety. Separating babies from their mothers is not the answer and is immoral.”
The Catholics are not alone. The administration’s vile policy has alarmed a wide array of faith leaders. The Southern Baptist Convention issued their own statement. It is quoted at length because it is so powerful:
WHEREAS, Every man, woman, and child from every language, race, and nation is a special creation of God, made in His own image (Genesis 1:26–27); and
WHEREAS, Longings to protect one’s family from warfare, violence, disease, extreme poverty, and other destitute conditions are universal, driving millions of people to leave their homelands to seek a better life for themselves, their children, and their grandchildren; and
WHEREAS, Scripture is clear on the believer’s hospitality towards immigrants, stating that meeting the material needs of “strangers” is tantamount to serving the Lord Jesus Himself (Matthew 25:35–40; Hebrews 13:2); and
WHEREAS, Southern Baptists affirm the value of the family, stating in The Baptist Faith and Message that “God has ordained the family as the foundational institution of human society” (Article XVIII), and Scripture makes clear that parents are uniquely responsible to raise their children “in the training and instruction of the Lord” (Ephesians 6:4). . . .
RESOLVED, That the messengers to the Southern Baptist Convention meeting in Dallas, Texas, June 12–13, 2018, affirm the value and dignity of immigrants, regardless of their race, religion, ethnicity, culture, national origin, or legal status; and be it further
RESOLVED, That we desire to see immigration reform include an emphasis on securing our borders and providing a pathway to legal status with appropriate restitutionary measures, maintaining the priority of family unity, resulting in an efficient immigration system that honors the value and dignity of those seeking a better life for themselves and their families; and be it further
RESOLVED, That we declare that any form of nativism, mistreatment, or exploitation is inconsistent with the gospel of Jesus Christ; and be it further
RESOLVED, That we encourage all elected officials, especially those who are members of Southern Baptist churches, to do everything in their power to advocate for a just and equitable immigration system, those in the professional community to seek ways to administer just and compassionate care for the immigrants in their community, and our Southern Baptist entities to provide resources that will equip and empower churches and church members to reach and serve immigrant communities. . . .
Rabbi David Wolpe dryly observed that “until 2018, I don’t believe any reader of the Bible has argued that separating families is rooted in the Bible, and if the Bible is about obeying the government, it is hard to understand what all those prophets were yelling at the kings about.” (Meanwhile, 26 Jewish organizations sent a letter condemning the policy to Sessions.)
Peter Wehner of the Ethics and Public Policy Center has written extensively on the role of religion in politics. “I would say that this is just the most recent, but also one of the most egregious, ways that those who call themselves Christians are disfiguring and discrediting their faith. They are living in an inverted moral world, where the Bible is being invoked to advance cruelty,” he said. “Rather than owning up to what they are doing, they are trying to sacralize their inhumane policies. They are attempting to harm children and then dress it up as Christian ethics.”
He added: “This shows you the terrible damage that can be done to the Christian witness when the wrong people attain positions of power. They subordinate every good thing to their ideology, twisting and distorting everything they must to advance their political cause. In this case, it’s not simply that an authentic Christian ethic is subordinate to their inhumane politics; it is that it is being thoroughly corrupted, to the point that they are using the Bible to justify what is unjustifiable.”
If the administration is embarrassed by a policy they are trying to insist is required by law (that is untrue, and I know the prohibition against lying is very biblical) they should change it. Trump and his aides need to stop shifting blame to other politicians, and stop telling Christians what their obligations are. Frankly, the lack of outrage from Trump’s clique of evangelical supporters on this issue is not simply unusual given the near-universal outrage in faith-based communities, but is a reminder that leaders of “values voters” traded faith for the political game of power and access. As Wehner put it, “To watch the Christian faith be stained in this way by people like Jeff Sessions and Sarah Huckabee Sanders is painful and quite a disturbing thing to watch. I don’t know whether they realize the defilement they’re engaging in, but that’s somewhat beside the point. The defilement is happening, and they are leading the effort. It’s shameful, and it’s heretical.”
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Remarkably, Sessions claims to be a Christian and a Methodist (although I can’t for the life of me find a speck of the actual kind, merciful, forgiving, teachings of Jesus Christ in any aspect of Sessions’s life, career, or actions). He’s one of the most “unChristian” people I’ve ever witnessed in American public life. And, I’ve seen some pretty bad actors, going all the way back to infamous Wisconsin GOP Senator Joe McCarthy! In his own way, Sessions is just as far removed from the true meaning of Christ’s teaching as his pagan, idolatrous boss, Trump.
At any rate, the Methodist Council of Bishops has joined other religious denominations in condemning Sessions’s policies of cruelty and child abuse.
Faith leaders’ statement on family separation
FOR IMMEDIATE RELEASE
Thursday, June 7, 2018
WASHINGTON, D.C. — The Council of Bishops of The United Methodist Church is joining other faith organizations in a statement urging the U.S. government to stop its policy of separating immigrant families.
Below is the full statement signed by dozens of faith organizations. Bishop Kenneth H. Carter, president of the Council of Bishops, signed on behalf of the Council.
FAITH LEADERS’ STATEMENT ON FAMILY SEPARATION
Recently, the U.S. Administration announced that it will begin separating families and criminally prosecuting all people who enter the U.S. without previous authorization. As religious leaders representing diverse faith perspectives, united in our concern for the well-being of vulnerable migrants who cross our borders fleeing from danger and threats to their lives, we are deeply disappointed and pained to hear this news.
We affirm the family as a foundational societal structure to support human community and understand the household as an estate blessed by God. The security of the family provides critical mental, physical and emotional support to the development and wellbeing of children. Our congregations and agencies serve many migrant families that have recently arrived in the United States. Leaving their communities is often the only option they have to provide safety for their children and protect them from harm. Tearing children away from parents who have made a dangerous journey to provide a safe and sufficient life for them is unnecessarily cruel and detrimental to the well-being of parents and children.
As we continue to serve and love our neighbor, we pray for the children and families that will suffer due to this policy and urge the Administration to stop their policy of separating families.
His Eminence Archbishop Vicken Aykazian
Diocesan Legate and
Director of the Ecumenical Office
Diocese of the Armenian Church of America
Mr. Azhar Azeez
President
Islamic Society of North America
The Most Rev. Joseph C. Bambera
Bishop of Scranton, PA
Chair, Bishops’ Committee for Ecumenical and Interreligious Affairs
Senior Bishop George E. Battle, Jr.
Presiding Prelate, Piedmont Episcopal District
African Methodist Episcopal Zion Church
Bishop Kenneth H. Carter, Jr.
President, Council of Bishops
The United Methodist Church
The Most Rev. Michael B. Curry
Presiding Bishop
Episcopal Church (United States)
The Rev. Dr. John C. Dorhauer
General Minister & President
United Church of Christ
The Rev. Elizabeth A. Eaton
Presiding Bishop
Evangelical Lutheran Church in America
The Rev. David Guthrie
President, Provincial Elders’ Conference
Moravian Church Southern Province
Mr. Glen Guyton
Executive Director
Mennonite Church USA
The Rev. Teresa Hord Owens
General Minister and President
Christian Church (Disciples of Christ)
Rabbi Rick Jacobs
President
Union for Reform Judaism
Mr. Anwar Khan
President
Islamic Relief USA
The Rev. Dr. Betsy Miller
President, Provincial Elders’ Conference
Moravian Church Northern Province
The Rev. Dr. J. Herbert Nelson II
Stated Clerk
Presbyterian Church (USA)
Rabbi Jonah Pesner
Director
Religious Action Center of Reform Judaism
The Rev. Don Poest
Interim General Secretary The Rev. Eddy Alemán
Candidate for General Secretary
Reformed Church in America
Senior Bishop Lawrence Reddick III
Presiding Bishop, The 8th Episcopal District
Christian Methodist Episcopal Church
The Rev. Phil Tom
Executive Director
International Council of Community Churches
Senior Bishop McKinley Young
Presiding Prelate, Third Episcopal District
African Methodist Episcopal Church
###
Media Contact:
Rev. Dr. Maidstone Mulenga
Director of Communications – Council of Bishops
The United Methodist Church mmulenga@umc-cob.org 202-748-5172
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Ed Kilgore over at NY Magazine also nails Sessions’s noxious hypocrisy:
St. Paul would probably like Jeff Sessions to keep his name out of his mouth. Photo: Getty Images
When he spoke to a law enforcement group in Indiana today, the attorney general of the United States was clearly angry about religious objections to his administration’s immigration policies. He may have had in mind incidents like this very important one this week (as notedby the National Catholic Reporter):
The U.S. bishops began their annual spring assembly by condemning recent immigration policies from the Trump administration that have separated families at the U.S.-Mexico border and threatened to deny asylum for people fleeing violence.
The morning session here began with a statement, but by its end escalated to numerous bishops endorsing the idea of sending a delegation to the border to inspect the detention facilities where children are being kept and even floating the possibility of “canonical penalties” for those involved in carrying out the policies.
Being a Protestant and all, Sessions has no fear of the kind of “canonical penalties” Catholic bishops might levy. But perhaps he is aware of an official resolution passed by his own United Methodist Church in 2008 (and reaffirmed in 2016), which reads in part:
The fear and anguish so many migrants in the United States live under are due to federal raids, indefinite detention, and deportations which tear apart families and create an atmosphere of panic. Millions of immigrants are denied legal entry to the US due to quotas and race and class barriers, even as employers seek their labor. US policies, as well as economic and political conditions in their home countries, often force migrants to leave their homes. With the legal avenues closed, immigrants who come in order to support their families must live in the shadows and in intense exploitation and fear. In the face of these unjust laws and the systematic deportation of migrants instituted by the Department of Homeland Security, God’s people must stand in solidarity with the migrants in our midst.
So Sessions decided he’d smite all these ninny-faced liberal clerics with his own interpretation of the intersection of Christianity and immigration:
In his remarks, Sessions hit back at the “concerns raised by our church friends about separating families,” calling the criticism “not fair or logical” and quoting scripture in his defense of the administration’s tough policies.
“Persons who violate the law of our nation are subject to prosecution. I would cite you to the Apostle Paul and his clear and wise command in Romans 13 to obey the laws of the government because God has ordained them for the purpose of order,” Sessions said. “Orderly and lawful processes are good in themselves and protect the weak and lawful.”
Those who are unacquainted with the Bible should be aware that the brief seven-verse portion of St. Paul’s Epistle to the Romans has been throughout the ages cited to oppose resistance to just about every unjust law or regime you can imagine. As the Atlantic’s Yoni Appelbaum quickly pointed out, it was especially popular among those opposing resistance to the Fugitive Slave Act in the run-up to the Civil War. It was reportedly Adolf Hitler’s favorite biblical passage. And it was used by defenders of South African Apartheid and of our own Jim Crow.
Sessions’s suggestion that Romans 13 represents some sort of absolute, inflexible rule for the universe has been refuted by religious authorities again and again, most quoting St. Augustine in saying that “an unjust law is no law at all,” and many drawing attention to the overall context of Paul’s epistle, which was in many respects the great charter of Christian liberty and the great rebuke to legalism in every form. Paul was pretty clearly rejecting a significant sentiment among Christians of his day: that civil authorities deserved no obedience in any circumstance.
Beyond that, even if taken literally, in Romans 13 Paul is the shepherd telling the sheep that just as they must love their enemies, they must also recognize that the wolf is part of a divinely established order. In today’s context, Jeff Sessions is the wolf, and no matter what you think of his policies, he is not entitled to quote the shepherd on his own behalf. Maybe those desperate women and men at the border should suck it up and accept their terrible lot in life and defer to Jeff Sessions’s idolatry toward those portions of secular immigration law that he and his president actually support. But for the sake of all that’s holy, don’t quote the Bible to make the Trump administration’s policies towards immigrant families sound godly. And keep St. Paul out of it.
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Last, but certainly not least among my favorite rebuttals to Sessions is this article from Marissa Martinelli at Slate incorporating a video clip from John Oliver which captures the smallness, meanness, and lack of humane values of Sessions perfectly:
There’s nothing funny about the Trump administration’s policy of separating children from their parents at the border, which doesn’t make it an ideal topic for late night hosts. Stephen Colbert acknowledged that difficulty directly on The Late Show on Thursday night, explaining that he usually only addresses tragic stories on the show if everyone is already talking about them. But he’s willing to make an exception:
That’s my job: to give you my take on the conversation everyone’s already having. With any luck, my take is funnier than yours, or I would be watching you. But this story is different, because this is the conversation everybody should be having. Attorney General and man dreaming of legally changing his name to “Jim Crow” Jeff Sessions has instituted a new policy to separate immigrant kids from their parents at the border.
An estimated 1,358 children have been taken from their families so far, with some officials reportedly telling their parents that the children were being taken away for a bath, only to never return them. “Clearly, no decent human being could defend that,” said Colbert. “So Jeff Sessions did.”
Colbert, who is devoutly Catholic, especially took issue with Sessions quoting the bible—specifically, Romans 13, the same passage used to defend slavery in the 1840s—to justify the policy as morally acceptable. Colbert suggested that Sessions might want to go back and reread that bible, and quoted Romans 13:10 to him. “Love your neighbor as yourself. Love does no harm to a neighbor. Therefore love is the fulfillment of the law,” he recited, before ripping into Sessions’s use of the bible as a smokescreen: “I’m not surprised Sessions didn’t read the whole thing. After all, Jesus said, ‘Suffer the children to come unto me’ but I’m pretty sure all Sessions saw was the words children and suffer and said ‘I’m on it.’”
For I was hungry Jeff, and you gave me nothing to eat.
I was thirsty, Jeff, and you gave me nothing to drink.
I was a stranger seeking refuge, Jeff, and you did not invite me in.
I needed clothes, Jeff, and you clothed me only in the orange jumpsuit of a prisoner.
I was sick and in a foul prison you called “detention,” Jeff, and you mocked me and did not look after me.
I said “suffer the children to come unto me,” Jeff, and you made my children suffer.
In your arrogant ignorance, Jeff, you might ask when did I see you hungry or thirsty or a stranger or needing clothes or sick or in prison, and did not help you?’
But, Jeff, I was right there before you, in a caravan with my poor sisters, brothers, and children, having traveled far, seeking shelter and refuge from mistreatment and expecting mercy and justice under your laws. But, in your prejudice and ignorance, Jeff, you did not see me because I did not look like one of you. For you see, Jeff, as you did not show love, mercy, forgiveness, kindness, and human compassion for the least of my children, you did not do for me.
And so, Jeff, unless you repent of your wasted life of sins, selfishness, meanness, taking my name and teachings in vain, and mistaking your often flawed view of man’s laws for my Father’s will, you must go away to eternal punishment. But, the poor, the vulnerable, the abused, and the children who travel with me and those who give us aid, compassion, justice, and mercy will accompany me to eternal life.
For in truth, Jeff, although you yourself might be immoral, none of God’s children is ever “illegal” to Him. Each time you spout such nonsense, you once again mock me and my Father by taking our names, teachings, and values in vain.
Those looking for legal analysis should read no further. The following is a cry from the heart.
The respondent’s personal nightmare began the year after her marriage. For the next 15 years, she was subjected to relentless physical, sexual, and emotional abuse.
It is most apt that Donald Trump became president by beating a woman. His campaign historically provoked millions to march in angry protest of his denigration of women on his first full day in office.
“The violence inflicted on [her] took many forms. Her husband beat her repeatedly, bashing her against the wall and kicking her, including while she was pregnant. He raped her on countless occasions.”
On Monday, Trump’s Attorney General announced that women who are victims of domestic violence should no longer be deemed to merit protection from our government in the form of political asylum.
Sessions’ action was shockingly tone deaf. As the wonderful Rebecca Solnit wrote in her 2013 essay “The Longest War:” “We have an abundance of rape and violence against women in this country and on this Earth, though it’s almost never treated as a civil rights or human rights issue, or a crisis, or even a pattern. Violence doesn’t have a race, a class, a religion, or a nationality, but it does have a gender.” The year after Solnit wrote those words, our Department of Justice took a step in the right direction. In recognizing domestic violence as a basis for asylum, our government was finally recognizing such gender-based abuse as a human rights issue, at least in the limited forum of immigration law.
“He also frequently threatened to kill her, at times holding a knife to her neck, and at other times brandishing a gun or, while she was pregnant, threatening to hang her from the ceiling by a rope.” The above were supported by sworn statements provided by the respondents’ neighbors.
It is only very recently that our society has begun to hold accountable those who commit gender-based abuses against women. #MeToo is a true civil rights movement, one that is so very long overdue. In opposing such movement, Jeff Sessions is casting himself as a modern day George Wallace. It bears repeating that no one, no one, was challenging the settled precedent that victims of domestic violence may be granted asylum as members of a particular social group. When the precedent case was before the Board of Immigration Appeals, the Department of Homeland Security, i.e. the enforcement agency prosecuting the case, filed a brief in which it conceded that the group consisting of “married women in Guatemala who are unable to leave their relationship” satisfied all of the legal criteria, and was therefore a proper particular social group under the law. No one has appealed or challenged that determination in the four years since. Who is Jeff Sessions, who has never practiced immigration law in his life, to just toss out such determination because he and only he disagrees?
The respondent’s “husband controlled, humiliated, and isolated her from others. He insulted her ‘constantly,’ calling her a ‘slut’ or ‘dog.’ He did not want her to work outside the house and believed ‘a woman’s place was in the home like a servant.’ When he came home in the middle of the night, he forced her out of bed to serve him food, saying things like ‘Bitch, feed me.”
Like Wallace before him, who in 1963 stood in front of the door of the University of Alabama trying in vain to block the entry of four black students, Sessions is trying to block a national movement whose time has come. As with Wallace and the Civil Rights Movement, justice will eventually prevail. But now as then, people deserving of his protection will die in the interim.
“Although [her] husband frequently slept with other women, he falsely accused her of infidelity, at times removing her undergarments to inspect her genitals. He also beat their children in front of her, causing her serious psychological damage.”
The AG’s decision was intentionally released during the first day of the Immigration Judges’ Training Conference. There have been ideological-based appointments of immigration judges under both the Trump and Bush administrations. Several persons present at the conference reported that when the decision was announced, some immigration judges cheered. It was definitely a minority; the majority of immigration judges are very decent, caring people. But it was more than a few; one of my sources described it as “many,” another as “a noteworthy minority.”
Think about that: some federally appointed immigration judges cheered the fact that women who had been violently raped and beaten in their country can no longer find refuge here, and will be sent back to face more violence, and possibly death. Will there be any consequences for their actions? Were the many outstanding immigration judges who have been proud to grant such cases in the past, who were saddened and sickened by this decision, able to openly jeer or weep or curse this decision? Or would that have been viewed as dangerous?
The respondent “believes her life will be in danger” if returned to her country, “where her ex-husband, supported by his police officer brother, has vowed to kill her. She does not believe there is anywhere” in her country “she could find safety.
Victims of domestic violence will continue to file applications for asylum. They will argue before immigration judges that their claims meet the legal criteria even under the AG’s recent decision. Unfortunately, some of those applicants will have their cases heard by immigration judges who, when they heard that the woman whose claim was described in the italicized sections was denied asylum by Jeff Sessions, and will now likely be deported to suffer more such abuse or death, cheered.
The sections in italics are the facts of the asylum-seeker in Matter of A-B-, (including quotes from her appeal brief) who was denied asylum on Monday by Jeff Sessions.
Copyright 2018 Jeffrey S. Chase. All rights reserved.
Criticism is heating up over the Trump administration’s decision to separate children from parents who cross the border into the US illegally. Rallies against it were held yesterday across the country. Attorney General Jeff Sessions and White House press secretary Sarah Sanders tried to use the Bible to justify the policy, but that only seemed to tick people off more. CNN’s Bob Ortega went inside the largest facility where children are being held. It’s in a former Walmart superstore in Brownsville, Texas, and holds almost 1,500 kids. Religious groups have spoken out against the policy, and now medical organizations — like the American Academy of Pediatrics, the American College of Physicians and the American Psychiatric Association — are sounding the alarm as well.
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Wow! What a great, concise, clearly written report! Doug says a lot in five sentences with helpful links to help us understand how evil Sessions actually is. Compare real writing like this with the 30 or so pages of turgid legal prose and gobbledygook that Sessions spewed forth in Matter of A-B- in an attempt to mask his evil intent and unlawful actions!
Time for folks to stand up fight this horrible individual who is abusing his office and power and attacking America’s and the world’s future!
Evil is evil! Call Sessions out, and demand that the Article III Courts and Congress put an end to this disgusting abuse!
DUE PROCESS FOREVER! JEFF SESSIONS NEVER! JOIN THE NEW DUE PROCESS ARMY TODAY AND FIGHT EVIL AND INJUSTICE FROM BORDER TO BORDER, SEA TO SEA, UNTIL IT IS BANISHED FROM OUR LAND FOREVER! END THE KAKISTOCRACY THAT IS RUINING AMERICA!
MCALLEN, Texas — The words “all rise” were still ringing in the brightly lit South Texas courtroom last week when Peter E. Ormsby slipped unceremoniously into his seat.
“Good morning,” the 62-year-old federal magistrate said as the courtroom filled with the clanking of shackled defendants returning to their wooden benches. “We’re here to take up a number of criminal cases that allege that the defendants violated the immigration laws of the United States.”
Seated in front of Ormsby were 71 disheveled immigrants caught illegally crossing the Rio Grande. The number of defendants has soared amid President Trump’s crackdown on a new surge of border crossers. But the mass hearing was remarkable less for its size than for who it included: parents.
For the first time, federal courtrooms here and across the Southwest are being flooded with distraught mothers and fathers who have been charged with misdemeanor illegal entry and separated from their children — a shift in policy touted by the administration as a way to stop families from trying to reach the United States but decried by critics as traumatizing and inhumane. Last month a Honduran father separated from his wife and 3-year-old son killed himself in a Texas jail cell, The Washington Post reported Saturday.
In McAllen alone, 415 children had been stripped from their parents between May 21 and June 5, according to federal public defenders.
Now, on the morning of June 6, 14 more parents from Central America were facing an agonizing choice with uncertain consequences. They could plead guilty in the hope of speeding up their reunification with their children, but risk damaging their chances of receiving asylum in the United States. Or they could plead innocent and head to trial, a process that could take days or weeks and prolong their separation from their kids.
Seven miles from Mexico and surrounded by brushlands that are home to the border’s busiest smuggling routes, the Bentsen Tower federal courthouse has become one of the anguished epicenters of family separation.
On Wednesday morning, the evidence of that was the tears on the parents’ faces. Many clutched fliers with a phone number they could call to try to get their kids back from the increasingly crowded federal shelters where they are being housed.
. . . .
By day’s end, he would sentence more than 100 people, including 28 parents. Most would receive the lightest punishment possible — time served — before they were handed over to Immigration and Customs Enforcement.
The frenzied pace of the proceedings was no accident. As Moody emerged from court in the afternoon, she and a colleague exchanged a high-five.
“I said I’d get done by 3:20,” the prosecutor said, checking the time to see she was only nine minutes behind schedule.
‘Prosecuting everybody’
Aleman-Bendiks had arrived at the tall, dark glass courthouse shortly after dawn that morning. After preparing for an hour in an office decorated with her diplomas from Rice University and Harvard Law, the 52-year-old federal public defender headed upstairs to the courtroom, where the air smelled like sweat and the 71 immigrants were already seated. She was representing all of them.
“How many of you were traveling with children?” she asked in Spanish. More than a dozen hands shot up.
“How did they separate you?” she said to a Guatemalan woman whose 8-year-old daughter was taken away.
“How long since you saw her?” she asked a Honduran separated from her 6-year-old girl.
“They just took them?” she said to a Salvadoran whose two daughters were gone.
This is what Trump’s zero-tolerance policy looked like to Aleman-Bendiks and scores of other federal public defenders along the border.
. . . .
For Meyers, the challenge is not only logistics but the wrenching stories of families being torn apart. In a conference call with her assistant federal public defenders last month, she said she told them to force judges to confront the issue.
“We think it’s important for the court and everybody to hear what’s happening,” she said.
On May 22, Aleman-Bendiks asked Ormsby in court to pressure the government to provide more information about the fate of families being separated. On May 31, she and her boss, Kyle B. Welch, met with ten officials from ICE, Border Patrol, the Justice Department and the Office of Refugee Resettlement, which cares for the children separated from their parents as well as “unaccompanied minors”who arrived in the United States on their own.
“The idea was to try and give us a sense of what’s happening here,” Aleman-Bendiks said, but the meeting delivered little clear information.
One Border Patrol official did say agents in and around McAllen had a policy of not separating children under 5 from their parents — although that policy does not appear to be in place elsewhere along the border. Children as young as 18 months have been taken from their parents.
On Wednesday, Aleman-Bendiks asked Ormsby to order the government to hand over lists of children separated from their parents so that immigration attorneys could ensure they were reunited.
“My concern is that there are lost children here in the system,” she said. “We are hearing it every day, your honor, and it’s not right.”
Ormsby noted that “children are not within the jurisdiction of this court. These people are here because they have a criminal case here.”
He invited her to prepare a brief on how he could order the government to provide lists. “But on its face,” he added, “it seems questionable to me that the court would have the authority to do that.”
. . . .
But immigration advocates aren’t so sure. “They are now convicted of a crime,” said Leah Chavla of the Women’s Refugee Commission. “Under U.S. law, that could be a bar to them receiving asylum, so they’d have to get a waiver.”
In the end, those complications mattered less to the parents in Ormsby’s courtroom than seeing their kids again. All of them pleaded guilty to illegally crossing the border and were sentenced to time served.
“Obviously, in each of your situations, you committed a crime and so the government was within their rights to pursue that,” the magistrate said. “Whether or not they should exercise their discretion that way is something that is obviously being debated.”
“As someone who has children myself,” he added, “it would be a terrible situation to be separated under those conditions.”
Then the guards put handcuffs back on the parents and led them out of the courtroom, where their future remained as unclear as the location of their children.
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Read Mike’s complete report at the above link.
As described in Mike Miller’s article, U.S. Magistrate Judge Peter Ormsby appears to preside over a “court” where “justice” for traumatized, obviously bewildered, and coerced migrants is a cross between a sporting event and a bad joke.
The U.S. Supreme Court held that understanding the immigration consequences of a conviction is a critical element in a migrant’s voluntary decision to plead guilty. Many of these migrant defendants obviously wanted to know whether a guilty plea would 1) free them from detention, 2) reunite them with their children, and 3) adversely affect their asylum cases. Neither Judge Ormsby nor anyone else in his courtroom was able to answer accurately. Judge Ormsby had the authority to defer accepting the pleas until the Assistant U.S. Attorney provided the answers. Yet, he did not do so. These guilty pleas appeared to be neither informed nor voluntary. A federal judge therefore should not have accepted them.
No wonder the prosecuting Assistant U.S Attorney “high fived” at the end of this farce. Likewise, the Public Defender’s claim to simultaneously represent 71 non-English-speaking defendants was a remarkable twist on the canons of ethics and professional responsibility.
Would a group of white, middle class, mostly first-time misdemeanor defendants have been treated this way in federal court? I doubt it. Yet, due process applies equally to everyone in the U.S. regardless of status.
The number of migrants attempting to cross illegally into the United States remained high last month, according to administration officials and Border Patrol agents, an early indication that “zero tolerance” measures separating parents from their children and President Trump’s deployment of National Guard troops have not had an immediate deterrent effect.
The Department of Homeland Security is expected to publish its closely watched monthly arrest totals in coming days, and Trump administration officials are bracing for a new eruption from the president. He has treated the statistics as a gauge for the success of his hard-line immigration policies, and when border arrests fell to historic lows in the months after his inauguration last year, Trump touted the decrease as a personal triumph.
Since then, migration trends have reversed. In March and again in April, border arrests exceeded 50,000, the highest monthly totals of Trump’s presidency, sending him into fits of rage, aides say. Trump unloaded on DHS Secretary Kirstjen Nielsen during a Cabinet meeting May 9, scorching her for nearly 30 minutes over the spike in illegal crossings, while demanding she “close” the border.
The Trump administration is preparing to renew its push for an $18 billion border wall plan that would also tighten asylum procedures and overhaul other laws Trump officials say are encouraging illegal behavior. Trump has threatened to shut down the government this fall if Democrats don’t provide the funds.
But with midterm elections approaching and the president preparing to campaign on his border crackdown, Nielsen and other Homeland Security officials do not appear to be satisfying his strict enforcement targets. May’s arrest totals are expected to be at least as high as the previous two months, administration officials and Border Patrol agents said.
Large groups of Central American migrants have been taken into custody in the Rio Grande Valley of South Texas in recent weeks, according to Border Patrol agents, speaking on the condition of anonymity because they are not authorized to discuss operations. During one 24-hour span last month, 434 migrants were processed at the Border Patrol station in McAllen, agents said.
Department of Homeland Security Secretary Kirstjen Nielsen and President Trump have had a contentious relationship as illegal border crossings increase.(Patrick Martin/The Washington Post)
“The numbers have been very high,” said one agent assigned to the Rio Grande Valley, the nation’s busiest corridor for illegal migration. “It’s to the point that we have had to bring in buses to come out and load these folks up, or send four of five vans at a time.”
Another agent said so many migrants were apprehended in the Rio Grande Valley last month that many were diverted to other sections of the border for processing. The Justice Department has reassigned additional prosecutors to the border region to increase the number of migrants it charges with federal crimes, but one veteran border agent said it was “too early to tell” if the tougher enforcement measures were giving pause to migrants thinking of making the journey from Honduras, El Salvador and Guatemala.
“It’s going to take longer for the message to get back to those countries,” the agent said.
On Friday, Homeland Security officials would not say whether the tougher enforcement measures were meeting their goals. They said the May border arrest totals were not ready for publication, and they would not confirm whether the figures have been sent to the White House.
“The bottom line is Congress needs to act and close loopholes that serve as a tremendous pull factor for illegal immigration,” said Tyler Houlton, a DHS spokesman. “The Trump administration is restoring the rule of law by increasing prosecutions of illegal border crossers.”
According to a Trump adviser, the president was warned this spring that illegal border crossings were likely to increase. Trump said at the time he would not be satisfied with any such surge and everything needed to be done to block it. That led to the decision to deploy the National Guard.
The number of illegal border crossings “is going to go higher and higher yet,” said the adviser. “You’re going to see a line that goes up all summer long.”
Trump has not been briefed on the May arrest numbers yet, two advisers said.
In a statement late Friday, Trump senior adviser Stephen Miller blamed Democrats for blocking the president’s immigration overhaul.
“The illegal migrant crisis is the exclusive product of Democrats’ shameless refusal to close catch-and-release loopholes that cartels exploit to smuggle illegal aliens into the United States at great cost in taxpayer dollars, jobs and, too often, lives,” Miller said.
Weak border enforcement remains the biggest incentive to illegal migration, according to Miller. “We must end catch-and-release by reforming our asylum laws, and establishing expedited removal, to stop the smuggling and defend the nation,” he said.
As in recent years, many of those taken into custody last month were teenagers or parents traveling with children, and the administration has triggered broad condemnation for separating more families with its push to prosecute anyone who crosses illegally.
More than 10,800 migrant children were in federal custody as of May 31, according to the Department of Health and Human Services, up 21 percent since the end of April. The agency’s shelters are 95 percent full, and HHS officials say they are preparing to add thousands of additional beds to cope with the increase.
A Border Patrol agent in South Texas said the family separation measures were not being applied as broadly as assumed. Some parents who face federal charges are apart from their children for only several hours, then released and assigned a court date, the agent said.
“To us, that’s still ‘catch-and-
release,’ ” the agent said. “People are going to continue to come.”
Arrests along the Mexican border peaked at more than 1.6 million in 2000, then fell sharply during the Obama administration. During the government’s past fiscal year that ended in September, U.S. agents made 303,916 arrests, the lowest total since 1971.
Trump’s fixation is driven, in part, by a view that border security is paramount to his most fervent supporters and that immigration is a winning issue for Republican candidates in November’s congressional elections.
“I’m very proud to say that we’re way down in the people coming across the border,” Trump said in January. “We have fewer people trying to come across, because they know it’s not going to happen.”
The arrest numbers began shooting upward soon after that, from 36,682 in February to 50,296 in March. The yearly total for 2018 is on pace to approach or exceed 400,000, a level more consistent with migration patterns of the past five years, DHS statistics show.
During a visit Thursday to the Nogales border crossing in southern Arizona, Nielsen called the increase in illegal migration a crisis and said Homeland Security officials were working to “end this lawlessness.”
The country’s borders are being violated “by criminals, by smugglers and by thousands of people who have absolutely no respect for our laws,” she said.
“This is changing, it will change, and we will do all that we can to change this,” Nielsen added, emphasizing that the “zero-tolerance” approach announced in April will be applied as aggressively as possible.
“If you come here illegally, whether you’re single, whether you have a family, whether you’re a smuggler or whether you’re a trafficker, you’ve broken the law, so we’re prosecuting,” she said.
On Friday, Democratic members of the House Judiciary Committee sent a letter to Nielsen and Attorney General Jeff Sessions demanding information on the administration’s enforcement efforts, including the number of children who have been separated from their parents and whether there are formal procedures to reunite them.
Border arrests typically rise during spring months, when seasonal labor demands increase. Farms across the Midwest are becoming desperate for workers, with the U.S. unemployment rate at the lowest level since 2000. Lawmakers from both parties have told Nielsen that worker shortages are squeezing an array of industries in their states, and the DHS said last week that it will issue 15,000 seasonal guest-worker visas.
But border agents said much of the increase this spring seems to be driven by the same groups — families and teenagers traveling alone — who have been straining Homeland Security capacity since the 2014 crisis that left Border Patrol stations overflowing.
Photos of recent mass arrests provided by one agent show migrants of all ages walking through willow groves along the Rio Grande or lined up in federal custody along the river levees, waiting to board government buses.
Josh Dawsey contributed to this report.
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No surprises here. “Toldja so” back when Trump unwisely declared “Victory at Sea” after a few months of reduced border apprehensions. Since Trump is proudly ignorant of history, he apparently didn’t study what happened to Bushie II after he declared “Victory in Iraq” or his “Heck of Job, Brownie” moment. Nor does he have any idea of the actual dynamics driving human migration. That’s the problem with policies driven by racism, bias, xenophobia, and White Nationalism.
Also, trying to rewrite the Constitution and international protection law, as Trump, Sessions, Miller, Cotton, and the rest of the White Nationalist Gang would dearly like to do, to deny established legal rights won’t work either. In fact, it would make things 10X worse.
The laws aren’t the problem! The problem is the people charged with implementing them.
We can diminish ourselves as a nation, (and in fact, we are diminishing under Trump) but it won’t stop human migration!
A Montana woman said she plans to take legal action after a Border Patrol agent detained and questioned her and a friend — both U.S. citizens — when he overheard them speaking Spanish at a gas station.
The incident occurred early Wednesday morning at a convenience store in Havre, Mont., a town in the northern part of the state, near the border with Canada.
Ana Suda said she and her friend, Mimi Hernandez, were making a midnight run to the store to pick up eggs and milk. Both are Mexican American and speak fluent Spanish, and they had exchanged some words in Spanish while waiting in line to pay when a uniformed Border Patrol agent interrupted them, Suda said.
“We were just talking, and then I was going to pay,” Suda told The Washington Post. “I looked up [and saw the agent], and then after that, he just requested my ID. I looked at him like, ‘Are you serious?’ He’s like, ‘Yeah, very serious.’ ”
Suda said she felt uncomfortable and began recording the encounter with her cellphone after they had moved into the parking lot. In the video Suda recorded, she asks the agent why he is detaining them, and he says it is specifically because he heard them speaking Spanish.
“Ma’am, the reason I asked you for your ID is because I came in here, and I saw that you guys are speaking Spanish, which is very unheard of up here,” the agent can be heard saying in the video.
Suda asks whether they are being racially profiled; the agent says no.
“It has nothing to do with that,” the agent tells her. “It’s the fact that it has to do with you guys speaking Spanish in the store, in a state where it’s predominantly English-speaking.”
Suda, 37, was born in El Paso and raised across the border in Ciudad Juarez, Mexico, but has spent much of her adult life moving around the United States with her husband and young daughter. Hernandez is originally from central California, Suda said.
Despite explaining this to the agent and showing him their IDs, Suda said, he kept them in the parking lot for 35 to 40 minutes. Though no one raised their voices in the video, Suda said she and Hernandez were left shaken and upset by the encounter, which ended around 1 a.m.
“I was so embarrassed … being outside in the gas station, and everybody’s looking at you like you’re doing something wrong. I don’t think speaking Spanish is something criminal, you know?” Suda said. “My friend, she started crying. She didn’t stop crying in the truck. And I told her, we are not doing anything wrong.”
When she got home, Suda posted on Facebook about what had taken place at the gas station. She said her shock began to give way to sadness in the following days, after some local news outlets reported the incident, and her 7-year-old daughter asked whether the video meant they should no longer speak Spanish in public.
“She speaks Spanish, and she speaks English,” Suda said. “When she saw the video, she was like, ‘Mom, we can’t speak Spanish anymore?’ I said ‘No. You be proud. You are smart. You speak two languages.’ This is more for her.”
A representative from U.S. Customs and Border Protection told The Post the agency is reviewing the incident to ensure all appropriate policies were followed. Border Patrol agents are trained to decide to question individuals based on a variety of factors, the agency added.
“U.S. Customs and Border Protection agents and officers are committed to treating everyone with professionalism, dignity and respect while enforcing the laws of the United States,” the agency said. “Although most Border Patrol work is conducted in the immediate border area, agents have broad law enforcement authorities and are not limited to a specific geography within the United States. They have the authority to question individuals, make arrests, and take and consider evidence.”
Havre is a rural town with a population of about 10,000, about 35 miles south of the U.S.-Canada border. Border Patrol agents have broad authority to operate within 100 miles of any U.S. border, though they cannot initiate stops without reasonable suspicion of an immigration violation or crime.
Suda said she is used to seeing Border Patrol agents in Havre because it’s so close to Canada, especially at gas stations, but had never been stopped before.
“It’s a nice town. I don’t think it’s a confrontational [population] here,” Suda said. “But now I feel like if I speak Spanish, somebody is going to say something to me. It’s different after something like this because you start thinking and thinking.”
Suda said she plans to contact the American Civil Liberties Union to seek legal guidance. ACLU representatives did not immediately respond to a request for comment Sunday.
“I just don’t want this to happen anymore,” Suda said. “I want people to know they have the right to speak whatever language they want. I think that’s the most important part, to help somebody else.”
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Nobody’s rights are safe in the Age of Trump, Sessions, & Nielsen. Harm to one is harm to all! Join the New Due Process Army and fight to protect the Due Process and other Constitutional rights of everyone in America!
President Trump berated Homeland Security Secretary Kirstjen Nielsen in a dispiriting Cabinet meeting on immigration Wednesday, according to three administration officials,but her colleagues denied reports that she has threatened to quit.
Trump lashed out at his Cabinet, and Nielsen in particular, when told that the number of people arrested for illegally crossing the Mexico border topped 50,000 for the second consecutive month. The blowup lasted more than 30 minutes, according to a person with knowledge of what transpired, as Trump’s face reddened and he raised his voice, saying Nielsen needed to “close down” the border.
“Why don’t you have solutions? How is this still happening?” he said, adding later, “We need to shut it down. We’re closed.”
Administration officials spoke on the condition of anonymity to provide a candid account of the private meeting.
Trump’s tirade went on so long that many present began fidgeting in their seats and flashing grimaces, White House aides said. Eventually, the topic moved on to health care, bringing relief to many in the room.
Trump’s outburst at Nielsen was first reported Thursday by the New York Times.
The president’s eruption was witnessed by Cabinet members plus a number of senior White House officials — including counselor Kellyanne Conway, advisers Jared Kushner and Ivanka Trump, press secretary Sarah Huckabee Sanders, immigration adviser Stephen Miller and chief economic adviser Larry Kudlow.
Nielsen battled back, one person said, telling Trump that laws limit some of what she could do to block the flow of undocumented immigrants. Attorney General Jeff Sessions defended her, saying the administration was looking for new ways to deter illegal crossings.
Mostly, though, Nielsen struggled to get a word in, said one senior official.
The New York Times and Politico reported that Nielsen, who began the job in December, drafted a resignation letter. In a statement Thursday, a spokesman for the agency said that was false. Two senior White House officials described Nielsen as upset after the meeting, but said they were unaware of such a letter or threats to resign.
One White House official said Nielsen was in the building again Thursday. Hogan Gidley, a White House spokesman, did not respond to emails and phone calls seeking comment.
One person close to Nielsen said she is unlikely to resign. “She feels like she’s doing the best she can and doing a good job on immigration, but she also has to follow the law,” this person said. “It’s frustrating to have your boss unhappy about that.”
Trump has never viewed Nielsen favorably, and complains to colleagues that she is “not tough enough,” according to a senior White House official. He reminds staff that she was a “George W. Bush person” because of her previous tenure as a White House Homeland Security adviser.
In recent weeks, Nielsen has announced measures aimed at deterring illegal migration, including criminal prosecutions for parents who cross the border illegally with their children. Families are typically broken up in those circumstances, as federal immigration agents send children to government shelters while their mothers and fathers remain in custody awaiting court dates.
Trump has asked for frequent updates about the number of people attempting to cross the border illegally and has grown increasingly irritated at the recent trends.
A caravan of Central American migrants traveling through Mexico seized the president’s attention this spring, and in the weeks that followed he frequently asked Homeland Security for updates, administration officials said.
Illegal crossings plunged in the early phase of Trump’s presidency, but have since returned to levels consistent with the last several years of the Obama administration. Arrests along the border with Mexico typically rise during springtime, when migrants seeking jobs on U.S. farms and ranches return for the summer growing season.
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Spinelessness usually isn’t the best policy. Ask “Speaker Paul” how it worked out for him. Cabinet Members are only along for the short ride in any event; why not “do the right thing,” speak “truth to power,” and let the chips fall where they may? Just ask the ghost of Elliott Richardson who “Just said no” to Nixon’s lawless demand to fire the Special Prosecutor!
Immigration and border control are well within normal levels — actually the border is under somewhat better control. Instead of just noting that and moving on to more important issues, Trump unwisely claimed “miraculous powers” of deterrence stemming from his bombastic, anti-immigrant, racist statements last year. Most experts said that was stupid. Now that it has, in fact, proved to be stupid, Trump, as usual, needs to blame someone else. And, the lightweight sycophant Nielsen is the perfect “punching bag” for “Don the Con.”
The story of “The Good Samaritan” reimagined with “Don the Con:” He would have head stomped the helpless victim to death and left the body in the middle of the dusty road as a deterrent.
Border crossings steady in April after March spike
By: Tal Kopan, CN
Illegal border crossings stabilized in April after jumping substantially in March, a sign that a surge at the southern border may not be imminent, according to newly released statistics from the Trump administration.
In April, there were 38,234 apprehensions at the southern border and 12,690 people deemed “inadmissible,” or who came to a port of entry without papers that authorized them to enter the US, virtually unchanged from the month before. The number of family units and children in both categories also held roughly steady from the previous month.
The news comes as the administration has claimed a “crisis” on the southern border, a narrative largely driven by the jump in March and the comparison to the numbers last spring, when crossings were at abnormally low levels.
Administration officials have also been decrying a so-called caravan of migrants — an annual pilgrimage of mostly women and children who say they are fleeing violence and abuse in their home countries — that has arrived at the border with Mexico. More than half of the roughly 150 migrants in that group have been processed by Customs and Border Protection for their claims of asylum. Those who meet the legal threshold will be allowed to pursue their claims in court cases that could take months or years. Those that don’t will be turned away from the US.
In the midst of the caravan’s trek and the release of the March statistics, President Donald Trump has ordered the National Guard to deploy troops to the border, with roughly 1,000 having been sent so far, and with the Justice Department announcing it will send more immigration judges and prosecutors to border districts, as well.
April’s figures indicate that although there was a sharp spike in March, border crossings remain in line with historic seasonal trends. Numbers are still consistent with Obama administration years — slightly below fiscal years 2013 and 2014 but slightly above 2015 and 2016.
The crossings in April of this year were more than triple April 2017, but that comparison is distorted, as crossings last April were at levels unseen in modern history, before they started to pick up and stabilize more in line with recent years.
Crossings have been trending downward for decades and are at historic lows, prompting Homeland Security to declare last fall that the border is the most secure it has ever been.
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Lies and false narratives are a key part of the White Nationalist agenda. Kind of like the modern version of the infamous “Reichstag Fire” that Hitler used to rally nationalist sentiment and seize power. Nice folks!
For six long years the family of Jose Antonio Elena Rodriguez have been caught in a legal saga seeking justice for the 16-year-old who was killed by a US border patrol agent who fired 16 times from Arizona into Mexico.
Ending criminal proceedings that have dragged on since 2012, a jury last week cleared agent Lonnie Swartz of second-degree murder and could not agree on a verdict for two lesser charges of manslaughter. The shooting has compelled judges up to the US supreme court to deliberate whether the American government can be sued in civil court for wrongful deaths on Mexican soil – placing the incident, and eight other cross-border fatal shootings, at the center of scrutiny surrounding the use of force by agents in response to allegedly thrown rocks.
However, lesser known are similar shootings which have occurred inside the US. Such as that of Francisco Javier Dominguez Rivera, who was shot and killed “execution-style”, in the language of a wrongful death complaint the government paid $850,000 to settle. An Arizona agent responding to an alert from the National Guard in 2007 alleged Rivera threatened him with a rock.
Ten years later, the Department of Justice settled another wrongful death claim involving a rock-throwing allegation in California for $500,000.
The shootings are only part of a larger litany of Customs and Border Protection agency-related violence inside the US. Encounters have proven deadly for at least 97 people – citizens and non-citizens – since 2003, a count drawn from settlement payment data, court records, use of force logs, incident reports and news articles.
From Maine to Washington state and California to Florida, the deaths stem from all manner of CBP activity. Border agents manning land crossings and a checkpoint have used deadly force, as have agents conducting roving patrols – up to 160 miles inland from the border.
Quick guide
The US border patrol force
Pedestrians were run over by agents. Car chases culminated in crashes. Some have drowned, others died after they were pepper-sprayed, stunned with tasers or beaten.
But the majority of victims died from bullet wounds, including shots in the back. The bullets were fired not only by agents conducting border enforcement operations, but also those acting in a local law enforcement capacity and by agents off-duty, who’ve shot burglary suspects, intimate partners and friends.
Among the incidents, one agent also died following an exchange of gunfire with a family member who was found dead. Another agent was killed by friendly fire. Border agents sustained non-deadly shots in two incidents.
The picture compiled from official documents and news reports is incomplete, but indicates that at least 28 people who died were US citizens. Six children, between the ages of 12 and 16, were among the victims whose ages were disclosed.
The federal government has paid more than $9m to settle a fraction of the incidents thus far. A Customs and Border Protection spokesperson did not comment on those cases but pointed to the agency’s National Use of Force Review Board, which has investigated 30 significant incidents since June 2015. Each of its 17 reports made public have found the use of force to be compliant with agency policy in effect at the time. Local boards also review incidents, but only those that do not result in serious injury or death.
Here, the Guardian looks at eight fatal encounters with CBP agents that happened inside the United States and the larger patterns of incidents to which they relate.
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Read the complete article at the link.
Of course, there are two sides to every story. Many of the incidents were found to have involved “justified use of force.” Others appeared to be tragic accidents.
Nevertheless, three things are clear from this account: 1) the Border Patrol needs more supervision and accountability for its actions; 2) that’s not going to happen under the “anything goes” attitude of the Trump Administration, any more than it did under the Bush or Obama Administrations, and 3) Congress has once again been AWOL on this issue.
7 states sue to end DACA, potentially jumbling its legal future
By: Tal Kopan, CNN
The future of the Deferred Action for Childhood Arrivals program got murkier Tuesday when the Texas attorney general made good on a threat to challenge it in court.
The lawsuit throws a wrench in an already-complicated legal morass for the DACA program, which protects young undocumented immigrants who came to the US as children and which President Donald Trump has been blocked from ending, for the time being, by other federal courts.
The lawsuit has the potential to create a headache for the Justice Department and courts as it could potentially conflict with rulings from judges in three separate judicial regions of the country who have blocked the end of DACA and could force the government to take an awkward position in the case.
It may also potentially seal the issue’s path to the Supreme Court.
Texas Attorney General Ken Paxton and six other states on Tuesday filed a lawsuit challenging the lawfulness of DACA, arguing that former President Barack Obama’s initial creation of DACA in 2012 violated the Constitution and federal law.
The move follows through on a threat from Paxton and what was originally nine other states to challenge DACA in court as part of a lawsuit regarding a similar but broader program that expanded upon DACA to include parents. Paxton issued an ultimatum to Trump: End DACA himself or defend it in court and face the prospect it is overturned by a judge that had already rejected the program’s expansion in that other lawsuit.
The DACA kids aren’t going anywhere. It’s just a question of how much unnecessary pain and suffering can be inflicted on America’s future leaders and how much enmity from the growing Hispanic electorate Paxton and his White Nationalist cronies will create for the GOP. It figures to be lots.
Hopefully, enough to eventually lead to the GOP’s demise as a viable political force in US politics and the rise of a non-racist Conservative opposition party to take its place.
No, it’s not going to happen in my lifetime! But, hopefully in my kids or grandchildren’s. That’s really what the “New Due Process Army” is all about!
On the “bonus coverage,” it’s a shame that the false narratives about immigration and crime pushed by DHS and encouraged by the Trump Administration are eclipsing truth and understanding.
I’ll testify from my work representing and training Border Patrol Agents at the “Legacy INS” that it’s a difficult, dangerous, important, and thankless job. The vast majority of Border Patrol Agents perform it with courage, dedication, and professionalism. I had friends in the Patrol. Somewhere in the dusty recesses of the Schmidt attic among the remains of my Government career is a box of Border Patrol mementos and memorabilia.
Immigration law enforcement is also being hurt by the bogus White Nationalist “scare stories,” false crime narratives, and constant overt and covert messages of racism being delivered by Trump, Sessions, and their cronies. In the end their dishonest and distorted picture of immigrant communities, the asylum system, their denial of the contributions of all migrants, and their constant over hyping of the dangers of undocumented immigration (it’s been a net gain for the US, and would be an even greater net gain had we enacted a more rational and realistic legal immigration system) hurt everybody in the US, including law enforcement.
In this, as in most situations, a Government dedicated to truth rather than lies and exaggerations designed to divide our country and “fire up” a voter base would better serve the national interest and the interests of everyone concerned.
The Border Patrol’s mission can and should stand on its own merits. It doesn’t need inflated statistics and false narratives.
TIJUANA, Mexico — The American president, a former real estate mogul, does not want Byron Garcia in the United States. But the Honduran teenager was too busy building his own hotel empire this week to worry much about that.
Vermont Avenue and Connecticut Avenue were his. Now he was looking to move up-market.
The mini-Monopoly board on the dusty floor of the migrant shelter was small, but it fit well in the small space beside the tents. His older sister, Carolina, rolled a 2 and landed on Oriental Avenue.
“That’ll be $500,” said Garcia, 15, gleefully extending his hand. “I love this game!”
Garcia is coming to America on Sunday. Or maybe not. His mother, Orfa Marin, 33, isn’t sure it will be a good day to walk up to the border crossing and tell a U.S. officer that her family needs asylum. She knows President Trump wants to stop them.
Marin and her three children are among the 300 or so remaining members of the migrant caravan who have arrived here at the end of a month-long geographic and political odyssey, a trip that has piqued Trump’s Twitter anger and opened new cracks in U.S.-Mexico relations.
Central American migrant children play Monopoly at the Movimiento Juventud 2000 shelter on April 26, 2018 in Tijuana, Mexico. (Carolyn Van Houten/The Washington Post)
The organizers of the caravan say they are planning to hold a rally Sunday at Friendship Park, the international park where a 15-foot border fence splits the beach. From there, activists and attorneys plan to lead a group of the migrants to the U.S. port of entry at San Ysidro, Calif., where they will approach U.S. Customs and Border Protection officers and formally request asylum.
. . . .
Trump has ordered U.S. soldiers to deploy and Homeland Security officials to block the migrants. But the diminished version of the caravan that has arrived here, mostly women and children, has only underscored its meekness.
Migrant families arrive on a bus at the Ejercito de Salvacion shelter on April 26, 2018 in Tijuana, Mexico after driving from Mexicali, Mexico. (Carolyn Van Houten/The Washington Post)
The families are drained after weeks of travel, coughing children and pinto beans. They have crowded here into shelters in the city’s squalid north end, where the sidewalks are smeared with dog droppings and skimpily dressed women hand out drink promotions among the strip clubs and brothels. The tall American border fence is two blocks away.
Children play on the sidewalks outside the shelters, the boredom broken whenever a car with donations arrives to drop off clothes and toys.
Central Americans migrants in Mexico have long been treated as a kind of renewable natural resource, ripe for exploitation by thieves, predators and politicians. The geopolitical importance attached to this particular group was a sign to many here that the U.S. president had recognized an opportunity, too.
“We’re not terrorists or bad people,” Marin said.
Regardless of its size, Trump officials have measured this caravan in symbolic terms, as an egregious example of the “loophole” they want to shut and an immigration system whose generosity is being abused, they say, by hundreds of thousands of Central Americas trying to dupe it.
. . . .
“These people have no option but to seek refuge in another country, and they have every right to seek asylum, they have decided to face the consequences and to be strong in demanding what is their right,” said Leonard Olsen, 26, a law student and one of several caravan organizers from the United States. He wore a tattered Philadelphia Eagles cap and arrived in Tijuana on Thursday with a busload of women and children.
. . . .
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I can understand why guys like Trump, Sessions, Nielsen, and Homan would be scared by mothers with talented kids who show the kind of courage, honesty, humanity, and respect for law that they themselves so conspicuously lack.
Without 5th Amendment protections, who would join the Trump Administration?
The nation’s top immigration and border officials are urging Homeland Security Secretary Kirstjen Nielsen to detain and prosecute all parents caught crossing the Mexican border illegally with their children, a stark change in policy that would result in the separation of families that until now have mostly been kept together.
If approved, the zero-tolerance measure could split up thousands of families, although officials say they would not prosecute those who turn themselves in at legal ports of entry and claim asylum. More than 20,000 of the 30,000 migrants who sought asylum during the first quarter — the period from October-December — of the current fiscal year crossed the border illegally.
In a memorandum that outlines the proposal and was obtained by The Washington Post, officials say that threatening adults with criminal charges and prison time would be the “most effective” way to reverse the steadily rising number of attempted crossings. Most parents now caught crossing the border illegally with their children are quickly released to await civil deportation hearings.
The memo sent to Nielsen on Monday — and signed by acting Director of Immigration and Customs Enforcement Thomas Homan, Director of Citizenship and Immigration Services L. Francis Cissna and Customs and Border Protection Commissioner Kevin K. McAleenan — said attempted crossings by parents with children increased to nearly 700 a day last week, the highest level since 2016. The officials predicted that the number will continue to rise if Nielsen does not act.
Lee Gelernt, an attorney with the American Civil Liberties Union who has filed a federal lawsuit in California over earlier instances of family separations at the border, said the proposal would make “children as young as 2 and 3 years old pawns in a cruel public policy experiment.”
. . . .
Philip G. Schrag, a Georgetown law professor and asylum expert, said that expanding the forced separation of parents and children could cause severe psychological harm to families that ultimately might have legal grounds under federal asylum law to remain in the United States permanently.
“I think it’s absolutely wrenching psychologically and terrible for both the children and the parents,” he said. “What are we doing to those children psychologically that will haunt us years down the road if they become Americans?”
Federal officials say asylum applications have skyrocketed in recent years, raising concerns about fraud. Advocates for immigrants say those seeking asylum have legitimate claims under federal law and are fleeing some of the world’s most dangerous countries.
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Read Maria’s complete article at the link.
I associate myself completely with the remarks of my good friend and Georgetown Law colleague Professor Phil Schrag. Cruelty to children is stupid, counterproductive — children are our future — and morally wrong. It will definitely haunt us as a country for generations to come. It’s largely what I said before about the misguided policies of the Obama Administration. But, as with many things, the Trump Administration takes every dumb and wrong immigration policy of the past and multiplies it.
Lawmakers question Trump’s Homeland Security chief over focus on immigrant caravan, border wall
By: Tal Kopan, CNN
The secretary of homeland security faced sharp questioning about agency priorities from lawmakers on both sides of the aisle at a House Homeland Security Committee hearing Thursday, with many expressing deep concerns about whether the Trump administration is properly promoting Americans’ safety.
Democrats in particular questioned Kirstjen Nielsen about the administration’s prioritization of immigration enforcement and the building of a border wall while also seeking to cut funding for state and local governments to prepare for and respond to security threats.
“Tell us how cutting this kind of funding helps America be safer,” demanded Rep. Bill Keating, D-Massachusetts.
The top Democrat on the committee, Mississippi Rep. Bennie Thompson, had sharp words for Nielsen in his opening remarks, accusing the department of intentionally attacking non-dangerous immigrants as a distraction.
“Based on your press releases this week, you would think the most important homeland security problem facing the nation is a handful of Central Americans moving through Mexico,” Thompson said, referring to a caravan of mostly women and children asylum seekers that takes place every year to call attention to the plight of Central Americans. “That does not make it so. … Better to distract the American people from the very real issues facing the department and perhaps from the President’s own problems too.”
In one particularly sharp exchange, Florida Democratic Rep. Val Demings, a former chief of police in Orlando, pressed Nielsen on whether she prioritized the wall and immigration over helping local communities.
As I’ve said before, Nielsen is an intellectual lightweight, sycophant, and White Nationalist enabler. She proves it almost every time she opens her mouth in public. Her disingenuousness and toadyism make her a threat to our security every day she is in office.
Fortunately, there appear to still be enough professional civil servants in the ranks of DHS somewhere to have averted a national security disaster to date. But, if we survive this Administration, and it’s toxic focus on immigration to the exclusion of real law enforcement and national security problems, it certainly will be in spite of, not because of, folks like Nielsen.
Years-long wait lists, bewildering legal arguments, an extended stay in detention — you can experience it all in the Waiting Game, a newsgame that simulates the experience of trying to seek asylum in the United States. The game was created by ProPublica, Playmatics and WNYC. Based on the true stories of real asylum-seekers, this interactive portal allows users to follow in the footsteps of five people fleeing persecution and trying to take refuge in America.
The process can be exhausting and feel arbitrary – and as you’ll find in the game, it involves a lot of waiting. Once asylum-seekers reach America, they must condense complex and often traumatic stories into short, digestible narratives they will tell again and again. Their lives often depend on their ability to convince a judge that they are in danger. Judicial decisions are so inconsistent across the country, success in complicated cases can come down to geography and luck — in New York City only 17 percent of asylum cases are denied in immigration court; in Atlanta, 94 percent are. Increasingly, many asylum-seekers are held in detention for months or even years while going through the system. The immigration detention system costs more than $2 billion per year to maintain.
The Trump administration has tried to reframe the asylum system as a national security threat and a magnet for illegal immigration. Attorney General Jeff Sessions characterizes the American asylum process as “subject to rampant abuse” and “overloaded with fake claims.” He has aimed recent reforms at expediting asylum adjudications to speed up deportations and at making it more difficult for certain groups to qualify for protection, such as Central Americans who claim to fear gender-based violence or gang persecution.
The narrative that the system is overrun with fraud has long been pushed by groups that favor limiting immigration overall. They point to some 37 percent of asylum-seekers who annually miss their immigration hearings as evidence that people without legitimate fears of persecution game the system. They argue that allowing asylum-seekers to obtain work permits while they wait for a decision on their cases — which sometimes takes years — incentivizes baseless claims.
But another picture emerged when ProPublica spoke with more than 20 experts and stakeholders who study and work in the asylum system, including lawyers, immigration judges, historians, policy experts, an asylum officer, a former border patrol agent and a former ICE prosecutor.
When asked about changes to the system they’d like to see, many suggested providing asylum-seekers with better access to lawyers to support due process, expanding the definition of a refugee to cover modern-day conflicts,providing more resources to help the system process claims in a timely manner, and improving judicial independence by moving immigration courts out of the Department of Justice.
Most acknowledged some level of asylum-claim abuse exists. “In any system, of course, there are going to be some bad actors and some weaknesses people seek to exploit,” said Doris Meissner, the former commissioner of the U.S. Immigration and Naturalization Service from 1993 to 2000.
But they also argued for the importance of protecting and improving a national program that has provided refuge to hundreds of thousands of people. “If you are going to make a mistake in the immigration area, make this mistake,” said Bill Hing, director of the University of San Francisco’s Immigration and Deportation Defense Clinic. “Protect people that may not need protecting, but don’t make the mistake of not protecting people who need it.”
Victor Manjarrez, a former border patrol agent from the 1980s until 2011, said he had seen human smuggling networks exploit the border over the years, but also many people who genuinely needed help.
“We have a system that’s not perfect, but is designed to take refugees. That is the beauty of it,” he said. “It has a lot of issues, but we have something in place that is designed to be compassionate. And that’s why we have such a big political debate about this.”
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Read the narrative and play the interactive “Waiting Game” at the above link!
Getting refuge often depends on getting the right:
Border Patrol Agent an Asylum Officer to even get into the system;
Lawyer;
Local Immigration Court;
Immigration Judge;
DHS Assistant Chief Counsel;
BIA Panel;
U.S. Court of Appeals jurisdiction;
U.S. Court of Appeals Panel;
Luck.
If something goes wrong anywhere along this line, your case could “go South,” even if it’s very meritorious.
I also agree with Professor Hing that given the UNHCR guidance that asylum applicants ought to be given “the benefit of the doubt,” the generous standard for asylum established by the Supremes in INS v. Cardoza-Fonseca and implemented by the BIA in Matter of Mogharrabi, and the often irreversible nature of wrongful removals to persecution, the system should be designed to “error on the side of the applicant.”
Indeed, one of the things that DHS in my experience does well is detecting and prosecuting systemic asylum fraud. While a few individuals probably do get away with tricking the system, most “professional fraudsters” and their clients eventually are caught and brought to justice, most often in criminal court. Most of these are discovered not by “tough laws” or what happens in Immigration Court, but by more normal criminal investigative techniques: undercover agents, tips from informants, and “disgruntled employees or clients” who “blow the whistle” in return for more lenient treatment for themselves.
Here are Tal’s pictures. For whatever technical reason, you’ll have to go to the original article at the link to get the captions that go with them!
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Wow! As those of you who read “Courtside” on a regular basis know, I’m a HUGE FAN of Tal’s timely, incisive, concise, and highly accessible reporting. I feature it on a regular basis. I’ve also seen her do a great job on TV and video. But, until now, I didn’t know about her skills as a photojournalist. Tal can do it all!
Also, as my colleague Judge and Super-Blogger Jeffrey Chase pointed out in one of his recent comments on this blog, pictures play an essential role in understanding the immigration saga in America.
Been there, done that in my career. Takes me back to the long past days of riding three wheelers, helicopters, Patrol Cars, looking through infrared night scopes, and even accompanying foot patrol during my days in the “Legacy INS General Counsel’s Office.” (Most often on the border south of San Diego.) We actually took the Trial Attorneys and some of the Assistant U.S. Attorneys prosecuting our cases with us to show them what it was really like at the “ground level.”
Actually doesn’t look all that much different decades later. What is painfully clear is that walls, fences, helicopters, detectors, unrealistically harsh and restrictive laws, and more detention centers (the “New American Gulag”) will never, ever “seal” our borders as some immigration hard-liners insist is possible.
At best, we can control, channel, and regulate the flow of migrants, but not halt it entirely. Human migration was taking place long before the U.S. became a nation, and I daresay that it will continue as long as there are humans left on earth. To think that walls, troops, concentration camps, harsh laws, and prisons are going to halt it completely is a mixture of arrogance and ignorance.
So, rather than pouring more money down the drain on the same “strategies” that have been failing for decades, a “smart” border control policy would involve:
More realistic and generous interpretations of our refugee and asylum laws that should include most of those fleeing for their lives from the Northern Triangle;
A much larger and more “market based” legal immigration system for permanent and temporary migrants that would meet the legitimate needs of U.S. employers and our economy while making it attractive for most prospective workers and employers to use the legal visa system rather than the “black market” of undocumented entry;
A larger and more robust refugee processing program for Northern Triangle refugees so most would be screened and documented outside the U.S.;
Cooperation with the UNHCR and other stable countries in the Western Hemisphere to distribute the flow of long-term and temporary refugees in an equitable manner that will help both the refugees and the receiving countries;
Working with and investing in Mexico and Northern Triangle countries to address and correct the conditions that create migration flows to the Southern Border.
Providing lawyers for asylum applicants who present themselves at the Southern Border so that their claims for protection (which actually go beyond asylum and include protection under the Convention Against Torture) can be fairly, correctly, and efficiently determined in an orderly manner in accordance with Due Process.
No, it’s unlikely to happen in my lifetime. But, I hope that future generations, including the members of the “New Due Process Army,” will find themselves in a position to abandon past mistakes, and develop the smart, wise, generous, humane, realistic, and effective immigration and refugee policies that we need to keep our “nation of immigrants” viable and vitalized for centuries to come. Until then, we’re probably going to have to watch folks repeat variations of the same painful mistakes over and over.