HON. JEFFREY S. CHASE BLOG PRESENTS “THE FLORES EXHIBITS” – Truth, No Matter How Terrible & Disturbing, Is The Best Antidote To Notorious Human Rights Abuser “Big Mac With Lies” & His Truly Despicable Knowingly False Narratives & Immoral Actions! – “At this time when our nation is led by scoundrels, we are in need of heroes.”

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Elora Mukherjee
Elora Mukherjee
“American Hero”
Clinical Professor of Law & Director of the Immigrants’ Rights Clinic
Columbia Law School

https://www.jeffreyschase.com/blog/2019/9/22/vjwdefjb62lfre600ktwsfj8q1dsab

The Flores Exhibits

“I’m held with my son in a cage.  There are about 60 people in my cages, and more in some of the other cages.  There are six cages in my area. They are all very, very full.”

The above words are part of “Exhibit 29,” which is read by my friend Lenni Benson, a professor at New York Law School and founder of the school’s Safe Passage Project, which provides representation to unaccompanied children in immigration court.  The words are the sworn declaration of a 17-year-old girl, identified by the initial “L.”

There are 65 such declarations, each the actual statement of a child detained at border detention facilities in this country  in June 2019. Recently, Waterwell, the wonderful civic-minded theater and film production company responsible for the immigration court based play The Courtroom filmed a number of actors, lawyers, clinical professors, advocates, and other interested individuals in a dark studio in the East Village in New York City.  I was honored to be one of those filmed. We each sat at a simple table with the written exhibit and a glass of water, and under the direction of Waterwell’s Artistic Director, Lee Sunday Evans, each read a single declaration.

Article 37(b) of the Convention of the Rights of the Child states that “No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.”  A 1997 settlement agreement, known as the Flores Settlement, legally binds our government in limiting the length of time it can detain immigrant children, and holding the government to a standard of humane treatment under prescribed conditions of health, hygiene, education, and privacy. From the contents of the declarations, the Trump Administration has made a mockery of these rules.

Exhibit 3, read by David Gomez, the president of Hostos Community College, memorializes the words of a five year old from Honduras separated from his father upon arrival at the border, as he states “I have not been told how long I have to stay here.  I am frightened, scared, and sad.” My fellow former immigration judge, Betty Lamb, read the statement of a 14 year old girl, who was taking care of two younger parentless girls (one of them 4 years old and sick), who said that she was holding the two in her lap as she spoke trying to comfort them.  She then added “I need comfort, too. I’m bigger than they are, but I am a child, too.” (Exhibit 54).

At this time when our nation is led by scoundrels, we are in need of heroes.  Towards this end, please take a moment to write down the name of Elora Mukherjee, a true hero.  She is a clinical professor of law and Director of the Immigrants’ Rights Clinic at Columbia Law School.  She has devoted her career to aiding immigrant children, whom she began visiting in detention facilities in 2007, and litigating violations of the Flores Settlement. Watching her read her own 22 minute statement gave me nightmares.  She described the overwhelming stench of the hundreds of detained children, who were very hungry and seriously traumatized. One six year old she tried to question ended up sitting in her lap crying inconsolably, until a guard eventually gave him a lollipop “as an incentive to bring him back to his cell.”  (Exhibit 63). Many of the children were seriously in fear of the guards. A number of the children were sick.

I am a native-born American citizen.  I have lived here my entire life. Yet I never felt more foreign than while watching these videos.  I hope that readers of these words feel the same way. No government of a country that is truly ours, that reflects the morals and values that we possess and believe in, could ever treat children this way.  And no decent, moral people, regardless of their political affiliation or their views on immigration, could ever support or approve of the government responsible for such treatment. These children will never get over this.  It is one thing for children to arrive here already traumatized and be granted safe haven under our laws. It is entirely another matter for the government of this country to deliberately cause children to suffer in a way that will scar them for life.

Please visit the site of these powerful videos through this link.  You can also view the one-minute trailer here.  And then please, please help amplify by sharing through social media and email.

Thanks for this project go to Columbia Law School’s Center for Institutional and Social Change and Immigrants’ Rights Clinic; to Waterwell, the Broadway Advocacy Coalition, and Project Amplify; and to all those who participated as readers in the videos.

Copyright 2019 Jeffrey S. Chase.  All rights reserved.

(Below: iPhone photo of me filming my segment, taken by Elizabeth Lamb).

Go to Jeff’s blog at the link for the picture of him presenting.

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What kind of country tortures and torments vulnerable children in search of legal protection while actually employing their corrupt, cowardly, and totally dishonest abusers, like Kevin “Big Mac With Lies” McAleenan, on the public payroll? Big Mac was at it again today, presenting a fictionalized defense of the Administration’s policy of promoting and encouraging human rights abuses, lying about the Flores settlement, and endangering the lives of refugee families!

McAleenan and his fellow immoral sycophants are a disgrace to America!

And, as I have said before, both Congress and the Federal Judges who have enabled these crimes against humanity by failing to take strong action to stop the Trump Administration’s abuse and to hold perpetrators like McAleenan legally accountable also share a major part of the responsibility!

 

PWS

09-23-19

 

 

BLOOD ON THEIR JUDICIAL ROBES! — WHEN A CORRUPT, XENOPHOBIC, RACIST GOVERNMENT IS ASSISTED BY COMPLICIT FEDERAL COURTS, HERE’S WHAT HAPPENS TO THE LIVES OF THE REFUGEES THEY ARE BETRAYING:  “The MPP sends people back to Mexico, where many have been repeatedly victimized by organized criminals or other dangerous groups,” Clarens said. “Their access to the legal system in the U.S.—which had already been severely reduced by the Trump administration—is effectively cut off. MPP will force people to remain for a significant period of time in one of the most vulnerable and dangerous living situations they’ve ever imagined experiencing.”

Leon Krauze
Leon Krauze
Journalist, Author, Educator

https://apple.news/AHwi8LL9GT8qKZ3YHhAPcrQ

 

Leon Krauze reports for Slate:

 

The World

Mexico’s Capitulation to Trump Has Put Thousands of Lives in Danger

The Mexican foreign minister says his government has nothing to be ashamed of. He’s wrong.

September 20 2019 4:51 PM

In recent months, at least 3,000 immigrants have been sent back to towns along the Mexican border between Tamaulipas and Texas, one of the country’s most dangerous areas. What they have faced there defies the imagination. The city of Nuevo Laredo is a well-known hotbed of extortion and kidnapping. Immigrants make easy targets. “These people have been thrown into the lion’s den,” local journalist Daniel Rosas told me recently.

According to Rosas, President Donald Trump’s “Remain in Mexico” program has been particularly harmful, placing thousands of immigrants in imminent danger. “If even us locals are going through a very difficult time dealing with violence here, just imagine what life is like for an immigrant who doesn’t have a home and doesn’t know anyone. This place is completely unsafe,” Rosas told me. In the city of Nuevo Laredo, Rosas described a Dantean scene in which people working for cartels are tasked with identifying and abducting immigrants, who are then taken away to safehouses where they are held for ransom.

“In Tamaulipas, migrants are the most vulnerable. They suffer every kind of abuse imaginable,” he told me. Rosas seemed particularly worried for women and children in Tamaulipas. “They are completely defenseless,” Rosas told me. “When they were waiting and trying to rest under the bridge, there were kids sleeping on cardboard, without any help. They live through sheer horror,” he said.

This nightmare is the predictable result of recent actions by governments on both sides of the border. Three months ago, faced with Trump’s tariff blackmail, Mexico’s government capitulated and agreed to a series of unprecedented measures to reduce the flow of Central American immigrants reaching the United States. Terrified by the possibility of a trade war, President Andres Manuel López Obrador’s administration deployed thousands of troops along Mexico’s southern border, gave control of the country’s immigration authority to an expert in incarceration and enforcement, and pledged full cooperation with some of Trump’s more controversial immigration policies. As part of the deal, Mexican government officials agreed to return to Washington every few months with evidence of results, a recurrent humiliating pilgrimage in search of Trump’s approval and a renewed deferral of the looming tariff threat.

Ten days ago, after his first assessment in Washington with Trump’s inner circle—and, briefly, the president himself—Mexican Foreign Minister Marcelo Ebrard gave a victorious but ultimately unfortunate news conference. Ebrard claimedthat the much-touted downward trend in the number of immigrants reaching the United States would likely be “permanent,” although historical trends suggest the flow of immigrants will likely increase during the fall. Ebrard then said the Mexican government had demanded new and strict gun control measures in the United States. The goal, Ebrard boasted, was to “freeze” gun trafficking along the border. This is disingenuous. Ebrard knows any sort of significant reduction in gun smuggling from the United States would require legislative measures that the Trump administration and the Republican Party will not pursue.

Ebrard then concluded by saying the López Obrador administration had nothing to apologize for on immigration. “We do not regret anything of what’s been implemented,” Ebrard said. “We haven’t done anything we should be ashamed of.”

He is wrong.

The Mexican government’s cooperation with Donald Trump’s punitive immigration strategy has created a calamity along the country’s northern border. Of the many complications, none is more potentially catastrophic than the broad implementation of Trump’s Migrant Protection Protocols program, better known as the “Remain in Mexico” policy. The measure forces potential refugees to wait for months (or years) in Mexico for a slim chance at asylum in the United States. It has opened the door to the creation of a massive community of rootless and marginalized immigrants living in perilous limbo in some of Mexico’s most dangerous areas. There are now close to 38,000 immigrants waitingin Mexico because of MPP. After meeting with Ebrard, the White House announcedthe program would be expanded “to the fullest extent possible,” dramatically increasing the number of potential refugees returned to Mexico, many to regions of the country where they face almost certain peril.

No place seems safe, not even shelters run by religious organizations, one of the few reliable options in other border towns like Tijuana. In Nuevo Laredo, organized crime knows no bounds. Just last month, local pastor Aarón Méndez, who runs the “Casa del Migrante AMAR” shelter in the city, reportedly tried to protect a group of Cuban migrants from a group of abductors. They kidnapped Méndezinstead. No one has heard from him since.

Things aren’t much better in Matamoros, across from Brownsville, Texas. In recent years, the city has seen “open warfare” between rival cartels. American attorneyKristin Clarens, who has been traveling to the region over the past few months to assist potential refugees and make sense of the dire situation in the region, told me she has never met an asylum-seeking immigrant who felt safe in Mexico. “To the contrary,” Clarens said, “most of the people I’ve met described routine and regular acts of violence, such as kidnapping, assault, and extortion.” According to Clarens, migrants in Matamoros, like those in Nuevo Laredo, are facing a full-blown humanitarian crisis. “The heat is intense and unrelenting, and they lack access to sanitation, water, shade, food, and basic shelter,” she told me. “People hike down to the river and use the river to clean themselves, wash their clothes, and occasionally drink. Children and adults are sick and covered with bug bites and lesions.”

Like Rosas, Clarens believes “Remain in Mexico” has complicated the already formidable immigration challenge in the region. “The MPP sends people back to Mexico, where many have been repeatedly victimized by organized criminals or other dangerous groups,” Clarens said. “Their access to the legal system in the U.S.—which had already been severely reduced by the Trump administration—is effectively cut off. MPP will force people to remain for a significant period of time in one of the most vulnerable and dangerous living situations they’ve ever imagined experiencing.” Clarens thinks the crisis will likely worsen. “I know that Mexico can be a safe and stable place for many people, but impoverished and incredibly vulnerable Central Americans who are desperate for security and are leaving their countries of origin for the first time are not able to stay safe,” she told me.

If Mexico continues to quietly go along with the radical expansion of the MPP program, the number of immigrants waiting for asylum in the country could reach the hundreds of thousands. With Mexico’s official refugee agency operating on a ridiculous $1.3 million yearly budget, the López Obrador administration is not remotely ready for such an undertaking. The consequences could be severe. If that happens, Ebrard should be asked again if Mexico really has nothing to be ashamed of.

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Those who should really be ashamed are the cowardly life-tenured judges of the Supremes, the Ninth Circuit, and the Fifth Circuit who as a group have utterly failed to protect migrants’ statutory, Constitutional, and Human Rights from lawless, invidious, and very intentional abuse by Trump’s White Nationalist regime and his DHS and DOJ sycophants.

 

Article III Federal Judges are absolutely immune from liability for their wrongdoing and abuses. But, they shouldn’t be immune from shame and the judgment of history for abandoning our system of justice and the most vulnerable it is supposed to protect at their greatest time of need. That’s basically the definition of legal incompetence and moral cowardice.

 

PWS

 

09-22-19

AS U.S. COURTS FAIL, DARTH VADER TAKES OVER ASYLUM OFFICE – Use Of CBP Agents As “Asylum Officers” Over Objection Flies In Face Of Statute & Shows Administration’s Utter Contempt For Cowardly ARTICLE IIIs Afraid To Stand Up For The Rule Of Law & For The Rights Of Vulnerable Asylum Seekers! — “They’re not trained and geared toward refugee protection, any more than I’m trained to go look for tracks in the desert and chase people.”

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times
Darth Vader
D. Vader
Minister of Justice
Banana Republic of Trump

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=34ad22a1-b89c-4dd4-8b5f-ac66ea536940&v=sdk

Molly O’Toole reports for the LA Times:

WASHINGTON — Border Patrol agents, rather than highly trained asylum officers, are beginning to screen migrant families for “credible fear” to determine whether applicants qualify for U.S. protection, the Los Angeles Times has learned.

The first Border Patrol agents arrived in Dilley, Texas, last week to start training at the South Texas Family Residential Center, the nation’s largest immigrant family detention center, according to lawyers working there and several employees at U.S. Citizenship and Immigration Services.

The move expands the Trump administration’s push for Border Patrol agents to take over the interviews that mark the first step in the lengthy asylum process. Border Patrol agents began training to conduct asylum interviews in late April, but agents have now deployed to family detention facilities for the first time.

As a result, Border Patrol agents — law enforcement personnel who detain migrant families at the border — will also have authority to decide whether those families have a “credible fear” of being persecuted in their home countries.

Customs and Border Protection has provided few details about the Border Patrol asylum training and has not publicly acknowledged whether agents have yielded significantly lower approval rates than federal asylum officers, but internal communications and other official documents obtained by The Times indicate early problems with the program.

The Citizenship and Immigration Services personnel requested anonymity for fear of retaliation. Neither the agency nor Customs and Border Protection, the Border Patrol’s parent agency, responded to requests for comment by deadline.

Agents at Dilley are not wearing the Border Patrol’s well-known olive-green uniforms, and are identifying themselves to migrant families and children as asylum officers, said Shay Fluharty, an attorney with the Dilley Pro Bono Project, who has been in interviews conducted by the agents.

“It’s creating significant strain for our clients — not just because [agents are] unprepared and untrained,” Fluharty told The Times. “We understand that the intention is to significantly limit asylum officers who are conducting these interviews and have them be primarily conducted by Border Patrol.”

The Trump administration’s ultimate goal with the Border Patrol training program is to make it more difficult for migrants to win asylum, according to asylum officers, officials and lawyers, because White House officials believe agents will be more adversarial and less likely to approve asylum requests. Actual asylum officers work under Citizenship and Immigration Services, the Homeland Security agency that administers the legal immigration system and benefits.

Under Homeland Security regulations, the credible-fear interview must be conducted in a “non-adversarial manner.”

Michael Knowles, special representative for the federal asylum officers’ union, said many members are concerned about the use of law enforcement personnel for crucial interviews with people seeking refuge. Neither the union nor its officers have been given official notice of or explanation for the shift, Knowles said.

“I don’t mean to denigrate the proper and legitimate role of Border Patrol, but it’s different,” Knowles said. “They’re not trained and geared toward refugee protection, any more than I’m trained to go look for tracks in the desert and chase people.”

Brandon Judd, president of the National Border Patrol Council, confirmed that agents were undergoing training in which they conducted credible-fear interviews with family units. But he pushed back against the idea that Border Patrol agents would be “tougher” against asylum seekers.

“I’ve personally had conversations with both President Trump and Stephen Miller,” Judd said. “It’s always been my understanding that the reason to have Border Patrol agents do the credible-fear interviews is to ensure the asylum process begins at the earliest practicable moment…. The narrative being painted that Border Patrol agents will deport more persons doesn’t hold water.”

According to a Customs and Border Protection training timeline obtained by The Times, 10 Border Patrol agents from the El Centro sector in California began training to do credible-fear interviews in April, and by August a total of 60 agents were due to conduct their first credible-fear interviews. A new group started training in early September, according to Citizenship and Immigration Services personnel.

The agents are all “nonbargaining employees,” meaning they are not members of a union.

The timeline states three times that “additional training will be required” if the Border Patrol role in asylum interviews expands to family units. Homeland Security officials also assured congressional staffers in August that the Border Patrol was not going to cover family units because of that requirement, a Senate Homeland Security and Governmental Affairs committee aide told The Times. Department officials did not inform the committee they’d be deploying agents to family detention centers.

It’s unclear whether the agents sent to the detention center in Dilley received additional training, or whether any Citizenship and Immigration Services asylum officers will remain at the facility after they finish instructing the agents. Several officers have already been reassigned.

According to separate records obtained by The Times, as of last month, Border Patrol agents had completed 178 credible-fear screenings with asylum seekers from more than 15 countries — all of whom were single adults. Agents determined 54% met the credible-fear standard and 35% did not. They closed 11% of the cases without making a determination.

While the newly trained Border Patrol agents have yet to complete many screenings, that’s a far lower approval rate than is typical for initial interviews. Congress deliberately set a low standard for “credible fear” in order to ensure that the U.S. government did not return people to potential harm, and roughly 80% of asylum seekers pass the first interview.

Ultimately, only about 1 in 5 asylum seekers wins their case, according to the Justice Department. The Trump administration cites that disparity to argue that most asylum seekers have fraudulent cases, and the president frequently disparages asylum as a “hoax.” He also has lamented that Border Patrol and military personnel are restricted from getting “rough” with migrants.

Advocates argue that the disparity only shows how difficult it is to win the right to stay in the United States. With the backlog of immigration cases now surpassing 1 million, a final decision can take years.

The asylum division at Citizenship and Immigration Services has faced heavy pressure from the White House and from Ken Cuccinelli, who was named acting director of the agency in June.

John Lafferty, asylum division chief for six years, recently was reassigned to a service center and replaced on an acting basis by Andrew Davidson, who oversaw fraud detection.

Lafferty was outspoken about his directorate being forced to implement dramatic changes to U.S. immigration policy with what he said was little to no advance notice or consultation. Knowles, the union representative, called Lafferty’s reassignment “diplomatic exile.”

All decisions made so far by Border Patrol agents at the “credible fear” stage have been reviewed by a supervisory asylum officer before they were issued, according to the records obtained by The Times.

But critics of the training program worry that the administration will use it to get around requirements for asylum officers and supervisors to have special training and extensive experience — with comparatively inexperienced and less-trained Border Patrol agents in effect policing themselves rather than having their decisions reviewed by a Citizenship and Immigration Services supervisory officer.

Based on internal communications obtained by The Times, Border Patrol agents appear to have already stepped outside their allowed roles.

Last week, Ashley Caudill-Mirillo, deputy chief of the asylum division at Citizenship and Immigration Services, wrote to leaders in the field stressing that agents could only screen credible-fear claims from the Northern Triangle countries of El Salvador, Honduras and Guatemala and “under no circumstances” should they interview Cubans.

“There are no exceptions to this rule,” she said, adding that officials “may follow up with you if it is found these assignments occurred in the event we are asked to explain.”

Fluharty said she and her colleagues have witnessed a range of issues. The handful of Border Patrol agents deployed to Dilley are all male, effectively preventing clients who’ve suffered from severe sexual or gender-based violence from requesting a female asylum officer.

Some agents are conducting interviews over the phone — a first at Dilley, where all screenings had previously been in-person — and with children as young as 6 years old. Other screenings are lasting far longer than normal, more than six hours.

And agents are consistently asking irrelevant questions, while leaving out the most critical ones, she said.

“It’s most difficult for families who have to share really traumatic experiences under really stressful circumstances,” she said, “And now with someone without the appropriate knowledge or training.”

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

Simply outrageous! This is a direct result of the stunning cowardice of the Supremes’ majority and U.S. Circuit Court Judges who have “tanked” by failing to take a strong stand against the Administration’s constant perversion of immigration statutes and constitutional Due Process and Equal Protection.

 

How spineless! Asylum Officers (and some U.S. Immigration Judges), who are mere Civil Servants, are willing to put their careers and livelihood on the line to speak up against the Administration’s abuses, but life-tenured Federal Judges who, unlike Asylum Officers, are protected from political retaliation are afraid to do their sworn duty!

 

The specific intent behind the Asylum Officer statutory requirement was to insure that impartial, specially trained asylum professionals, oriented toward protection, NOT LAW ENFORCEMENT AGENTS, handle the “credible fear” process.

Just think about the recent gender-based asylum grant described in yesterday’s blog.

https://immigrationcourtside.com/2019/09/19/the-good-news-gender-based-asylum-claims-continue-to-win-in-the-post-a-b-era-the-bad-news-applicants-subjected-to-let-em-die-in-mexico-compl/

What’s the chance that a hastily trained Border Patrol Agent would recognize such a potentially successful claim in the “credible fear” process? Not much! This is a serious, life threatening, intentionally created defect in the system, reflecting malicious intent on the part of Trump and his DHS sycophants, that the Article IIIs are sweeping under the carpet by not requiring that the Trump Administration must follow the Constitution and the immigration statutes protecting asylum seekers.

PWS

 

09-20-19

 

 

 

 

PROFILE IN JUDICIAL COWARDICE: ARTICLE III’S DERELICTION OF DUTY LEAVES BRAVE ASYLUM APPLICANTS AND THEIR COURAGEOUS ATTORNEYS DEFENSELESS AGAINST RACIST ONSLAUGHT BY TRUMP ADMINISTRATION! – “NDPA” Stalwarts Laura Lynch & Leidy Perez-Davis Blog Daily About What’s REALLY Happening At The Border As A Result Of JUDICIAL MALFEASANCE By Life-Tenured Federal Appellate Judges Who Were Supposed To Protect Our Rights, But Are Failing To Do So!

Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA
Leidy Perez-Davis
Leidy Perez-Davis
Policy Counsel
AILA

Here’s their blog from the “front lines” of the New Due Process Army’s battle to save lives in South Texas, updated daily:

https://thinkimmigration.org/blog/2019/09/16/due-process-disaster-in-the-making-a-firsthand-look-at-the-port-courts-in-laredo-and-brownsville/

 

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It’s beyond disgusting! Life-tenured judges who should know better becoming “Modern Day Jim Crows!” What truly horrible, negative “role models” for younger attorneys fighting for the rights of the most vulnerable and to uphold our Constitutional system.

Speaking of good role models (in addition, of course, to Laura and Leidy, who are among the “best ever”), Justices Sotomayor and Ginsburg should be congratulated for having the courage to speak out forcefully in Barr v. East Bay Sanctuary Covenant on the “right side of history” and against their colleagues’ disgraceful dereliction of duty and betrayal of their oaths to uphold the Constitution against all enemies, foreign and domestic.

And, there have been few greater enemies of the U.S. Constitution and the true “rule of law” than Trump and his band of political, bureaucratic, and judicial sycophants!

Due Process Forever, Cowardly Judging Never!

PWS

09-20-19

 

 

 

 

THE GOOD NEWS: Gender-Based Asylum Claims Continue To Win In the “Post A-B- Era” — THE BAD NEWS: Applicants Subjected To “Let ‘Em Die In Mexico” & Completely Bogus “Unsafe Third Country” Procedures By Trump & His Cowardly Article III Judicial Enablers Don’t Have Access To This (Or Any Other) Type Of Justice!

Daniel E. Green, Esquire
Daniel E. Green, Esquire
Immigration Attorney
Kingston, NY

Here’s a copy of the redacted decision by Judge Howard Hom, NY Immigration Court, as submitted by the respondent’s counsel Daniel E. Green of Kingston, NY:

IJDecisionNYC8.6.2019

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

First, many congrats Daniel for saving this family’s lives and for passing this along. YOU are what the “New Due Process Army” is all about!

A few thoughts:

  • Note the meticulous preparation, presentation, and critical use of detailed expert testimony by Daniel in developing this case before Judge Hom. This is “textbook,” exactly what it takes to have any chance of winning asylum in an intentionally hostile Immigration Court environment these days.
    • Yet, how would one of the “Let ‘Em Die In Mexico” refugees, or those subjected to bogus requirements to apply for asylum under barely existent Mexican procedures or virtually non-existent systems in places like El Salvador, Guatemala, and Honduras, some of the world’s most dangerous refugee SENDING countries, possibly have access to this type of life-saving representation?
    • How could any “unrepresented” applicant, particularly a child or someone with minimal formal education and a non-English speaker, possibly make such a winning presentation?
      • Yet this is exactly what is being required in today’s Immigration “Courts.”
      • How are Article III life-tenured Appellate Judges, including the Supremes, letting these absurdly unfair scenarios, clear violations of Due Process and fundamental fairness, unfold before them?
      • This is a clear dereliction of duty, that has been going on for years, by the Article IIIs. Yet, it has gotten immeasurably worse under the biased White Nationalist racist attack on migrants and asylum seekers by the Trump Administration.
      • What are these cowardly and indolent Article III Judges being paid for if they are unwilling and or unable to do their jobs of standing up for the legal and Constitutional rights of the most vulnerable in our legal system?
    • Compare the situation of this highly fortunate applicant with the lives and situations of those poor souls described by Jodi Goodwin at the Texas border and in Mexico in my post from yesterday, many of whom are just struggling to stay alive under the avalanche of unfairness and cruelty heaped upon them by Trump, his DHS sycophants, and his black-robed Article III cowardly enablers: https://immigrationcourtside.com/2019/09/18/america-the-ugly-heres-an-inside-look-at-the-illegal-immoral-let-em-die-in-mexico-program-engineered-by-trump-his-white-nationalists-impleme/
  • Note the equally meticulous, careful, thorough, and scholarly judicial opinion produced by Judge Hom in this case.
    • How could judges ordered to produce three or more final decisions after hearing each work day consistently provide this type of quality analysis and writing, particularly with no personally assigned law clerks or other support staff?
    • Judge Hom happened to have 42 years of judicial and immigration practice experience before his appointment. (He’d actually worked for me as a Trial Attorney when I was the Deputy GC and Acting GC of the “Legacy INS” back in the late 1970’s and early 1980’s). He is also one of a very few recently appointed Immigration Judges who had decades of private practice experience representing foreign nationals before becoming an Immigration Judge.
    • So, how would the “average” new Immigration Judge, with far less experience, no knowledge of representing asylum applicants or anyone else except the Government, no meaningful training, a wealth of misinformation like Gonzo’s decision in Matter of A-B- thrown at them as “gospel,” unethical and unrealistic production guidelines, and neither personal support nor control over their own dockets, consistently produce this type of quality work?
      • The answer: They wouldn’t.  That’s the whole intent behind the Trump Administration’s “malicious mismanagement” of the U.S. Immigration Courts: To crank out racially motivated rote denials of migrants’ rights, particularly in the asylum area. Then count on the corrupt Supremes’ majority and some complicit and cowardly U.S. Court of Appeals Judges to rubber stamp and enable this systematic and unconstitutional malfeasance.
    • Just think back to the dishonest and complicit role of the judiciary on both the Federal and State levels following Reconstruction and during the Jim Crow era. They were key participants in “weaponizing” the U.S. legal system against Black U.S. citizens and implicitly or explicitly encouraging, aiding, and abetting lynching, other extra-judicial killings, torture, other abuses, invidious discrimination, and systematic denial of legal and Constitutional rights.  
    • Go on over to the U.S. Holocaust Museum in Washington, D.C., and learn about the disgusting role of the German Judiciary in assisting, rather than resisting, Hitler and his anti-Semitic ethnic cleansing program. In many instances, the German judges actually appeared anxious to “Out Hitler” Hitler, shockingly, even when it came to persecuting their former Jewish judicial colleagues, suddenly converted to “non-person” status under Hitler’s edicts.
    • Don’t kid yourself! Led by the Supreme’s totally cowardly and disingenuous performance in Barr v. East Side Sanctuary Covenant, where even in the face of courageous dissents the majority didn’t deign to explain their extraordinary support for a bogus, White Nationalist, Anti-Hispanic program that clearly violates the law and the Constitution, the Supremes are well on their way to joining the Trump Administration’s “Dred-Scottification” Program (that is, conversion to “non-person status” of migrants). Hispanic Americans are next on the list, followed by African Americans (the “usual suspects” who never seem to have “gotten off the list”), LGBTQ citizens, women, and anybody else that doesn’t fit Trump’s announced program of minority White Nationalist rule.
    • Think it “can’t happen here?” Sorry, it already is happening — every day! And, that’s the “Bad News” for all of us and for our country!
    • “Women in X Country” is and always has been an obvious “particular social group” for which there is a well-established “nexus” to persecution in many countries that send us refugees. So, why its the U.S. Government and, to a large extent, the judiciary so disingenuously “dug in” against recognizing this very obvious, life-saving truth?
    • Now, let’s consider a brighter alternative:
      • We get better Government, including more honest, scholarly, fair, and courageous Federal Judges;
      • Matter of A-B- and other Trump-era xenophobic atrocities are withdrawn; 
      • Judge Hom’s decision and others like it, showing how asylum can be granted in deserving cases, are made binding precedents;
      • Asylum applicants are encouraged to apply in an orderly fashion at the U.S. border;
      • NGOs, pro bono groups, and Government lawyers work together cooperatively to identify asylum grants like this one and either 1) process them through the Asylum Office system, or 2) document and stipulate to the key legal and factual issues so that the cases can be efficiently moved forward and quickly granted by Immigration Judges without disrupting existing dockets;
      • Experience representing asylum seekers is given equal consideration with Government litigating experience in selecting Immigration Judges; 
      • Judicial candidates like Judge Hom, with experience on both sides of the aisle, and universal reputations for fairness and scholarship, are considered among the “best qualified” to become Immigration Judges;
      • Individuals with backgrounds like Judge Hom’s become Appellate Immigration Judges and ideally are eventually considered for Article III Judgeships;
      • Immigration Judges and Asylum Officers are given extensive training in asylum law by professors, NGO representatives, and clinicians with real expertise in determining asylum claims fairly;
      • Legitimate emergency situations are handled with the assistance of a well-trained corps of experienced volunteer retired judges from a variety of Federal and State court systems;
      • Due Process, fundamental fairness, and meticulous scholarship replace anti-immigrant bias and expediency as the goals and values of a newly independent Article I Immigration Court System;
      • It’s neither “rocket science” nor “pie in the sky.”
        • Truth is, the “better system” I just described could and should have been established under the Obama Administration if it had actually “practiced what candidate Obama preached;”
        • When it finally happens, it will be much cheaper (on a time-adjusted scale) than than the current immigration system involving failed courts, misdirected enforcement, cruel, unnecessary, expensive, and illegal “civil” detention, “show walls,” child separation, frivolous and semi-frivolous Government initiated litigation, and dozens of other “built to fail” gimmicks designed to deter migration through gross mistreatment rather than process would be migrants of all types fairly, reasonably, and efficiently. 
        • It’s now the mission and job of the “New Due Process Army” to succeed where we and past generations have so miserably failed!
        • Due Process Forever! The Trump Administration’s White Nationalism With Judicial & Congressional Enablers, Never!

PWS

09-19-19

AMERICA THE UGLY: Here’s An “Inside Look” At The Illegal & Immoral “Let ‘Em Die In Mexico” Program Engineered By Trump & His White Nationalists, Implemented  By “Big Mac with Lies,” “Cooch Cooch” & Their Henchmen (& Women), & Enabled By Complicit 9th Circuit & 5th Circuit Judges With Encouragement From The Legally Challenged & Morally Untethered Supremes, Funded By YOUR Tax Dollars! – “We are better than this. The humanitarian crisis has not gone away it is just south of the border and worse than ever. In 24 years as a lawyer I have never seen so much extreme cruelty.”

Jodi Goodwin, Esquire
Jodi Goodwin, Esquire
Immigration Attorney
Harlingen, TX

Immprof list subscribers:  This post is from Jodi Goodwin, who is an immigration attorney in Harlingen, TX struggling to provide support to asylum seekers turned back due to the “Remain in Mexico” policy. This description is from a public post on her Facebook page, and she has given permission to share widely.  Margaret Taylor

 

From Jodi:

Long post….please read. Especially if you are an immigration Judge or an ICE attorney.

Two days. 100 degrees. 100% humidity. And a beautiful rainbow to start our second day this weekend in Matamoros with Project MPP Matamoros. We saw about 80 plus principal applicants (that means we didn’t count spouses and children so the real reach is much higher) to help them understand immigration court proceedings and asylum applications.

But not just that….today I met with 5 pregnant or just had their babies in the last week women. One thrown back into Mexico after CBP had taken her to hospital to stop her contractions, one so heavily pregnant she spent 7 days in the hielera only to be sent to Mexico to give birth less than 12 hours after CBP threw her back. Another 13 weeks along dehydrated, sick, living in inhumane conditions on the streets of Mexico that she fainted and then began vomiting. No one from the Mexican authorities came to assist. Myself and some other refugees grabbed some chairs to make a makeshift bed, had her drink rehydration salts and used peppermint oil to bring her back after the fainting spell. More electrolytes, water, and a granola bar I had in my bag. It took about 40 minutes until her pupils returned to normal. Luckily, a Cuban refugee with some EMT training was barking orders for us to try to find the various things he thought could help her all while checking her vitals super old school style with a watch to count her pulse and listening for her breaths as she laid on the makeshift bed. I guess street lawyering means you are also a nurse/EMT. Glad I had the things the Cuban man was barking orders to find.

There are so many stories I can tell. MPP is wrong on a moral level. MPP is wrong legally.

Then there are all the court documents that have fake addresses where CBP puts in an address to a shelter that no one can get in. They are homeless. But the judges buy those fake addresses and use them to deport people. The “tear sheets” which are supposed to instruct refugees how to appear to court are either not given at all or given with wrong information telling them to appear at the bridge at the same time their hearing is supposed to start which ensures they will not make it to their hearing on time. Then there are those thrown back without even giving them their court documents. When they go to the bridge to ask about their paperwork they are told CBP doesnt handle that…..when in fact it is CBP who does! How in the world are refugees supposed to know when and where to go to court when CBP won’t even give them the court documents. And of course I can not fail to mention all the defects in the court charging documents….it goes on and on.

We are better than this. The humanitarian crisis has not gone away it is just south of the border and worse than ever. In 24 years as a lawyer I have never seen so much extreme cruelty. If you are a lawyer and have some time to work remotely on document preparation contact me. If you are a Spanish Speaking Immigration lawyer with asylum law experience, we could use you for 4 days of your life from Friday to Monday.

 

 

Jodi is a private immigration attorney, struggling to make a living as she tries to address this humanitarian crisis.  Here’s her firm website with a contact form:

https://www.jodigoodwin.com/

 

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

Many thanks to my good friend Professor Margaret Taylor of Wake Forest Law for passing along Jodi’s message and request for help.

 

While I know that Jodi, Margaret, and other members of the “New Due Process Army” are “better than this,” it’s hard to say that about our country right now. After all, these U.S. Government sponsored attacks on the legal system, the rule of law, human rights, and human decency are happening right now, every day, “as we speak.”

 

Those carrying them out, like Trump, Miller, “Big Mac With Lies,” “Cooch Cooch,” Matt Albence, Bill Barr, and a host of other sleazy characters operate with total arrogance and impunity.

 

Appellate Judges of the 9th Circuit, 5th Circuit, and the Supremes, whose sworn duty is to uphold the rule of law against such attacks, have instead gone “belly up,” thrown away their moral compasses, and joined the abusers, cowardly hiding in their “Ivory Towers” from having to actually witness the terrors they are inflicting on the most vulnerable, needy, and deserving of our protection. A truly disgusting performance in judicial spinelessness and task avoidance. Don’t know how those “robed dudes” with lifetime sinecures sleep at night!

 

And, of course, under GOP Senate leadership, Congress, which could and should have acted by veto proof margins to rebuke Trump and restore the rule of law has functionally ceased to exist. The GOP has made human rights abuses and false racially charged narratives about immigrants part of its official party platform.

 

And the Dems are “running out the clock” on an impeachment debate that most folks have ceased to care about and which everyone and his brother knows is never going to happen. Where is the House-enacted “Immigration Reform Agenda” that could be a blueprint for future change?

 

PWS

 

09-18-19

 

 

CELEBRATE A “MALICIOUS INCOMPETENCE” MILESTONE! — Under Trump, Sessions, & Barr, Immigration “Courts’” “Active Backlog” Hits Million Case Mark! — 1,007,005 As Of August 31, 2019, Per TRAC, With Another 322,055 “Gonzo Specials” In Waiting! — Congress Take Note: More Judges = More Backlog Under Trump’s DOJ!

https://trac.syr.edu/immigration/reports/574/

==========================================
Transactional Records Access Clearinghouse
==========================================

FOR IMMEDIATE RELEASE

The Immigration Court’s active backlog of cases just passed the million case mark. The latest case-by-case court records through the end of August 2019 show the court’s active case backlog was 1,007,155. If the additional 322,535 cases which the court says are pending but have not been placed on the active caseload rolls are added, then the backlog now tops 1.3 million.

During the first eleven months of FY 2019, court records reveal a total of 384,977 new cases reached the court. If the pace of filings continues through the final month of this fiscal year, FY 2019 will also mark a new filing record.

While much in the news, new cases where individuals have been required to “Remain in Mexico” during their court processing currently make up just under 10 percent (9.9%) of these new filings. These MPP cases comprise an even smaller share – only 3.3 percent — of the court’s active backlog.

As of the end of August, a total of 38,291 MPP cases had reached the court, of which 33,564 were still pending.

For the full report – including links to online query tools where readers can drill into countless additional details covering all 4.5 million court filings since FY 2001, the recent MPP component of these filings, and the court’s over 1 million active case backlog – go to:

https://trac.syr.edu/immigration/reports/574/

Additional free web query tools which track Immigration Court proceedings have also been updated through August 2019. For an index to the full list of TRAC’s immigration tools and their latest update go to:

https://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II   
Syracuse, NY 13244-2100
315-443-3563
trac@syr.edu
http://trac.syr.edu

———————————————————————————
The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (http://whitman.syr.edu) and the Newhouse School of Public Communications (http://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to http://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

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

The futility of throwing more money into this badly broken system has become obvious. Without an independent, Article I U.S. Immigration Court, run by judges who direct the activities of the administrators rather than being run by politicos, there simply will not be any semblance of competent professional management of this system, certainly not under this Administration.

The Administration stubbornly refuses to take the necessary step of responsibly exercising “prosecutorial discretion” to reduce the backlog to a manageable size without “gimmicks.”

It’s equally obvious that Congress needs to enact some type of realistic legalization program that will remove cases of individuals with a period of productive residency and their families from the “active” docket and forestall the further mess that would be created by the absolute insanity of the “Gonzo plan” of restoring properly “administratively closed” cases to the active dockets.

The system is calling out for help. Unfortunately, those cries are being ignored by both Congress and the Article III Courts who are the only ones currently capable of fixing the system.

PWS

09-18-19

SUPREME DISGRACE: Instead Of Protecting The Individual Rights Of Our Most Vulnerable Asylum Seekers, The Supremes’ Majority Joins The White Nationalist Assault On Refugee Laws & Human Dignity!

Azam Ahmed
Azam Ahmed
Bureau Chief, Mexico, Central America, the Caribbean
NY Times
Paulina Villegas
Paulina Villegas
Reporter
NY Times Mexico, Central America, & the Caribbean Bureau

https://apple.news/AzVf9gcH2QyOC67VugroXQg

By Azam Ahmed and Paulina Villegas

MEXICO CITY — Thousands of people fleeing persecution, most from Central America, line up at the United States’ southern border every day hoping for asylum. They wait for months, their names slowly crawling up a hand-drawn list until they are allowed to present their case to American immigration authorities.

After the United States Supreme Court issued an order this week, almost none of them will be eligible for asylum.

The Supreme Court on Wednesday allowed the Trump administration to enforce new rules that bar asylum applications from anyone who has not already been denied asylum in one of the countries they traveled through on their way to the United States.

The rule is among the most stringent measures taken by this administration in its battle to halt migration, upending decades of asylum and humanitarian norms. It is likely to affect hundreds of thousands of migrants traveling through Mexico to reach the United States: Eritreans and Cameroonians fleeing political violence. Nicaraguans and Venezuelans fleeing repression.

And the largest group of all: Hondurans, Salvadorans and Guatemalans escaping the twin scourges of poverty and gangs.

“This takes away all hope,” said Eddie Leonardo Caliz, 34, who left San Pedro Sula in Honduras with his wife and two kids three months ago to try to escape gang violence, and spoke from a shelter in southern Mexico. With measures like this, he said, the Trump administration “is depriving us of the opportunity to be safe.”

The new rule, which has been allowed to take effect pending legal challenges, is consistent with the Trump administration’s posture of hostility and rejection for those seeking protection in the United States.

Whether by separating families of migrants, by drastically limiting the number of asylum applications accepted on a given day or by returning those entering the United States to Mexico to await their hearings, the administration has shown a dogged determination to discourage migration.

Central American migrants at the Amar shelter in Nuevo Laredo in July.

Luis Antonio Rojas for The New York Times

And it has put tremendous pressure on Mexico to help meet its goal, threatening months ago to escalate tariffs on all Mexican goods if the nation did not buffer the surge of migrants heading to the United States from Central America and elsewhere.

Mexico responded. This week, when Mexican and American officials met in Washington to discuss progress on the issue, the Mexican delegation took great pains to show how its crackdown along its border with Guatemala and throughout the country has reduced migration flows to the United States by more than 50 percent in the last three months.

Mexico’s actions, though applauded by Trump administration officials this week, have overwhelmed its troubled migration system. The number of individuals applying for asylum in Mexico has already skyrocketed in the last few years, as the United States has tightened its borders.

This rule could add to that burden, with many more applying for asylum in Mexico, despite the danger of remaining in Mexico. Violence there has soared to the highest levels in more than two decades. Stories of migrants kidnapped along the border abound, as criminal organizations await their return from the United States or pick them off as they attempt to cross the border.

Several migrants who are making their way north said in interviews on Thursday that the new rule would not deter them. For most, the hope of a new life in the United States outweighed whatever legal worries might lie ahead.

“I know things are getting more and more complicated in the U.S.,” said Noel Hernández, 21, who was staying at a migrant shelter in Guatemala after leaving his home in Tegucigalpa, in Honduras, a few days ago.

“It’s like flipping a coin,” he said. “I either win or I lose.”

Others said they would try to make it in Mexico, despite the violence, or in Guatemala, a nation with a barely functional asylum system.

Oscar Daniel Rodríguez, 33, from San Salvador, has been in Guatemala with his wife and 3-year-old son for a month now, and says he will apply for asylum there.

He had applied for asylum in Mexico during a previous trek, and was rejected. If he is denied in Guatemala, he will try again in Mexico, he said. If they deny him again, he will try the United States.

Migrants from a caravan, along with organizers and legal observers, at the pedestrian crossing that will lead them to the U.S, in 2018.

Meghan Dhaliwal for The New York Times

“No matter how long it takes, and how long we have to wait, what we want is to give our son a better future,” he said.

Mexican asylum applicants, who don’t have to transit through another country to reach the United States, are not impacted by the new policy.

Like past efforts by the Trump administration to curb migration, Wednesday’s order could prove a burden for Mexico.

A senior Mexican official who spoke anonymously because the government has not addressed the issue publicly said that, for now, individuals who seek to apply will not fall under a previous provision, called Migrant Protection Protocol. That provision sends those applying for asylum in the United States back to Mexico to await their hearings.

Instead, migrants will either have to apply for another form of relief in the United States — with a higher bar for acceptance and fewer protections — or be deported back to their home countries.

Mexico is already playing host to tens of thousands of migrants awaiting their asylum hearings in the United States. Its migrant detention facilities can be overcrowded, unsafe and unsanitary.

Asylum applications there have soared in the last year, reaching about 50,000 through August, compared to fewer than 30,000 applications in the same period a year ago. This has placed a strain on Mexican society and on a system ill-equipped to handle such demand.

“We see detention centers crammed with migrants and children, riots, social problems arising, human rights abuses, and rising xenophobia among Mexicans,” said Jorge Chabat, a professor of international relations the University of Guadalajara. “The Mexican government has then little to no other choice but to design long-term migration policies to deal with the large number of migrants coming and staying now in Mexico.”

“There is not much else we can do,” he added, ruefully, “besides maybe lighting a candle for the Virgin of Guadalupe and praying for Trump not to be re-elected.”

Raftsmen wait for clients at a river crossing between the Guatemala-Mexico border.

Luis Antonio Rojas for The New York Times

The initial rule to block asylum sent shock waves among immigrant rights advocates when it was issued by the Trump administration in July of this year. It was almost immediately challenged in lawsuits.

The initiative was a unilateral move by the Trump administration after failed negotiations with Mexico and Guatemala to reach deals, called safe third country agreements, that would have required those countries to absorb asylum seekers who passed through them on their way to the United States.

Though Guatemala eventually caved to the administration’s pressure, and reached a safe third country agreement with the United States, Mexico remained firm in its refusal.

Now, with the Supreme Court allowing the asylum rule to go into effect, some feel the United States got what it wanted anyway — without the other countries’ consent.

“This is the latest step in terms of Trump’s policies to push Mexico to become a safe third country, and to make a big chunk of the migration flow stay in Mexico permanently and deter them from traveling north,” said Raúl Benítez, a professor of international relations at the National Autonomous University of Mexico.

The Mexican government, for its part, insists the move is not the same as a safe third country arrangement, which would require a bilateral agreement and would automatically send the majority of asylum seekers back to Mexico for good.

Neither Mexican officials nor independent experts believe it will lead to an immediate influx of returnees to Mexico. Instead, it could leave those who have been returned to Mexico while they await hearings more likely to stay because they will not be granted protection in the United States.

While the new rules will inhibit most migrants from applying for asylum, there are other forms of protected status that remain open to them, though the bar to entry is much higher.

Under current asylum law, individuals must show a credible fear, which is figured to be a 10 percent chance that they will face persecution if sent back home. The threshold for the two remaining protections now — so-called withholding status and qualification under the convention against torture — is reasonable fear. To qualify, the applicant must show a probability of being persecuted back home that is greater than 50 percent.

“The people affected by this policy are the most vulnerable — those without lawyers and those without knowledge of the system,” said Aaron Reichlin-Melnick, an immigration attorney with the Immigration Council. “Those without lawyers are being asked to meet a standard almost impossible for someone uneducated in asylum law to meet.”

Daniele Volpe contributed reporting from Guatemala City.

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

So, just why are Justices like Breyer and Kagan tarnishing their legacies by joining with their White Nationalist enabling brethren in this all out assault on the Refugee Act of 1980, the Due Process and Equal Protection Clauses of the U.S. Constitution, Human Rights, and human dignity?

The latest Trump Administration illegal absurdity encouraged, aided, and abetted by the Supremes: Honduras, one of the most dangerous and corrupt refugee sending countries in the world without a functioning asylum system, as a “Safe Third Country.” Obviously, the actions of an Administration confident that the majority of the Supremes share their corruption and cowardice when it comes to enforcing America’s long-standing human rights obligations.

Although it might not have occurred to the geniuses of the Trump Administration, and certainly not to the Supremes’ majority who apparently believe themselves exempt from the practical consequences of their actions, each of the failed states in the Northern Triangle has a seacoast which would allow ocean transit to the U.S. without touching any other country. So, the Trump White Nationalists and their Supreme enablers could be triggering another “Golden Venture” debacle or the type of even more dangerous sea exodus that happened in the Mediterranean when the EU restricted asylum applicants at its land borders. 

Or, it’s possible that smugglers will simply “sell” refugees on the very plausible idea that the U.S. refugee system and our commitment to the “rule of law” is nothing but a joke. In that case, smuggling individuals into the interior of the U.S will become an even bigger business. No way they will ever all be caught, even with ICE acting as Trump’s “New American Gestapo.” Higher risk means more profits for smugglers, more death and exploitation for migrants, and more unscreened “extralegal migration” into the U.S.

Up until Trump, the U.S. had been lucky. Most asylum seekers presented themselves at ports of entry or nearby Border Patrol Stations and trusted themselves to the U.S. asylum system for orderly processing. Even those who managed to enter the U.S. usually “affirmatively applied” through the USCIS Asylum Offices. 

The current mess in the legal system was almost entirely self-created by the “malicious incompetence” on the part of the Government’s immigration enforcement authorities. The “new message” is clear: only fools should use the US legal system, which in the case of asylum now more closely resembles a Third World dictatorship.

Once folks abandon the U.S. legal system, all of the land and sea borders and indeed the entire land mass of the U.S. will potentially “come into play” for smugglers and their desperate human cargoes of forced migrants. No wall will be long and high enough, no jail cells big enough, no child abuse severe enough, and no extralegal Supreme Court endorsed racist program nasty enough to control the flow of forced migrants seeking shelter. It might well lead to an internal police force that will trample the individual rights of all Americans. But, it won’t stop human migration until the U.S. downward spiral finally reaches the point where we are no better than the “sending countries” from which people are fleeing. 

The other possibility is that conditions in the sending countries improve over time so that most folks will stay put. But, the Administration has shown no interest in investing in long term solutions to forced migration.

Immigration is a sign of a strong country; xenophobia a weak and cowardly one. Unhappily, the Supremes have have abandoned the former vision and become front and center in encouraging and enabling the latter.

PWS

09-13-19

 

RUTH ELLEN WASEM @ THE HILL: When Child Abuse Becomes Our Nation’s Official Policy, We All Share The Shame!

Ruth Ellen Wasem
Ruth Ellen Wasem
Professor of Public Policy
UT-Austin

https://thehill.com/opinion/immigration/460349-report-on-migrant-children-documents-the-painfully-obvious

The Department of Health and Human Services (HHS) Office of Inspector General (OIG)’s new report found the Trump administration’s policy changes in 2018 exacerbated the mental health needs of “unaccompanied alien children” in their custody. The unaccompanied alien children in this study are overwhelmingly asylum seekers from Central America. No one should be surprised that the OIG found two particular policies — separating children from their parents and prolonging the time children are in custody — are especially harmful to the children’s mental health.

Researchers, mental health professionals and policymakers have known for years that refugee children are likely to have experienced traumas that challenge their mental health. Studies in the United States and in Europe have established that asylum-seeking children and adolescents are likely to have post-traumatic stress symptoms, anxiety, depression and externalizing behaviors.  Given that the escape of many of these Central American children was prompted by violence and deprivation in their home countries, they certainly are at high risk of developing mental disorders.

Last year I wrote that the Trump administration “knew it would cause lasting harm, and still took children from parents.” In July 2018, Jonathan White, the former deputy director of children’s programs in the HHS Office of Refugee Resettlement (ORR), testified to Congress that he had warned administration officials, early in the discussions to ramp up the zero tolerance toward asylum seekers, about the harm such policies pose to children. White argued that the separation of children from parents entails “significant risk of harm to children” as well as “psychological injury.” But administration officials overruled White.

The policy of family separation happens less frequently now; the Department of Homeland Security (DHS) reported that 911 children were taken from their asylum-seeking parents in the year after the June 26, 2018, court order to stop the practice. About 30 children whom DHS took from their parents during the peak of the policy in 2018 still remain separated from their parents. The new OIG report documents the deleterious effects this policy has had on the mental health of these children.

The House Committee on Oversight and Reform in July released a report of their investigation of the child-separation policy. The committee’s set of findings on how long children were held in custody is among the deeply troubling results — and not just because they found evidence the administration violated federal law on how long DHS can hold a child in detention. After DHS transferred custody to ORR, the committee reports that “records show that children of all ages were held in ORR custody for extensive periods of time.” The average was 90 days, with some children in ORR custody for more than 18 months.

When the committee’s findings are overlaid on the OIG study, the picture of the extensive damage to children’s mental health becomes even sharper. More precisely, the other policy the OIG found that was especially damaging to asylum-seeking children is the practice of prolonging the time children are in custody. “Facilities reported that children with longer stays experienced more stress, anxiety, and behavioral issues, which staff had to manage. Some children who did not initially exhibit mental health or behavioral issues began reacting negatively as their stays grew longer.”

If you are thinking that these compelling, thorough reports are prompting an end to this human tragedy — enter stage right the new DHS rule for the “Apprehension, Processing, Care and Custody of Alien Minors and Unaccompanied Alien Children.” This regulation takes aim at the 1997 court-ordered consent decree, known as the Flores settlement, that limits the detention of children and set standards for their care. Among other things, the new rule would allow DHS to indefinitely detain migrant families, including those arriving to seek asylum. Administration officials assured that they would provide high standards for the care of children. The official press release stated “all children in the Government’s care will be universally treated with dignity, respect and special concern, in concert with American values and faithful to the intent of the settlement.”

However, the new rule eliminates the requirement that facilities holding families with children be state-licensed facilities. DHS would be responsible for licensing the family detention centers. Given the reports this summer of squalid conditions at facilities overseen by DHS, including a scathing “management alert” report by DHS’s Office of Inspector General, a new policy of prolonged detention of families and children seeking asylum is frightful. Attorneys general representing 20 states have sued to stop the policy change.

Two wrongs don’t make a right — but they do make a place in this administration’s immigration policies.

Ruth Ellen Wasem is a professor of policy practice at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration. Follow her on Twitter @rewasem.

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

Yup!

And, it’s only going to get worse, Ruth, as the Federal Courts have now joined in furthering and justifying the abuses of children, women, gays, and all migrants. 

Astoundingly, we’re seeing an institutional failure of our democratic republic that took more than two centuries to build in a little more than two years of Trump’s lawless authoritarian rule.  

Trump might not be the brightest bulb in the pack, but he has proved to have amazing talent for exploiting democracy’s weaknesses and co-opting and “weaponizing” supposedly democratic institutions to further his plan of destroying them completely. Lots of supposedly smart guys out there these days sucking up and doing his bidding.

PWS

09-12-19

SUPREME TANK: COMPLICIT COURT ENDS U.S. ASYLUM PROTECTIONS BY 7-2 VOTE — Endorses Trump’s White Nationalist Racist Attack On Human Rights & Eradication Of Refugee Act Of 1980 — On 09-11-19, Supremes Celebrate By Joining Trump’s Attack On America & Humanity! — Only Justices Ginsburg & Sotomayor Have Guts To Stand Up For Constitution & Rule Of Law!

Death On The Rio Grande
Supremes Sign Death Warrants For Vulnerable Refugees, Trash Refugee Act of 1980

19a230_k53l

Cite as: 588 U. S. ____ (2019) 1 SOTOMAYOR, J., dissenting
SUPREME COURT OF THE UNITED STATES
_________________
No. 19A230 _________________
WILLIAM P. BARR, ATTORNEY GENERAL, ET AL. v. EAST BAY SANCTUARY COVENANT, ET AL.
ON APPLICATION FOR STAY [September 11, 2019]
The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. The district court’s July 24, 2019 order granting a preliminary injunction and September 9, 2019 order restoring the nationwide scope of the injunction are stayed in full pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.
JUSTICE SOTOMAYOR, with whom JUSTICE GINSBURG joins, dissenting from grant of stay.
Once again the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution. Although this Nation has long kept its doors open to refugees—and although the stakes for asylum seekers could not be higher—the Government implemented its rule without first providing the public notice and inviting the public input generally required by law. After several organizations representing immi- grants sued to stop the rule from going into effect, a federal district court found that the organizations were likely to prevail and preliminarily enjoined the rule nationwide. A

2 BARR v. EAST BAY SANCTUARY COVENANT SOTOMAYOR, J., dissenting
federal appeals court narrowed the injunction to run only circuit-wide, but denied the Government’s motion for a complete stay.
Now the Government asks this Court to intervene and to stay the preliminary decisions below. This is an extraordinary request. Unfortunately, the Court acquiesces. Because I do not believe the Government has met its weighty burden for such relief, I would deny the stay.
The Attorney General and Secretary of Homeland Security promulgated the rule at issue here on July 16, 2019. See 84 Fed. Reg. 33829. In effect, the rule forbids almost all Central Americans—even unaccompanied children—to apply for asylum in the United States if they enter or seek to enter through the southern border, unless they were first denied asylum in Mexico or another third country. Id., at 33835, 33840; see also 385 F. Supp. 3d 922, 929–930 (ND Cal. 2019).
The District Court found that the rule was likely unlawful for at least three reasons. See id., at 938–957. First, the court found it probable that the rule was inconsistent with the asylum statute, 94 Stat. 105, as amended, 8 U. S. C. §1158. See §1158(b)(2)(C) (requiring that any regulation like the rule be“consistent”with the statute). Section 1158 generally provides that any noncitizen “physically present in the United States or who arrives in the United States . . . may apply for asylum.” §1158(a)(1). And unlike the rule, the District Court explained, the statute provides narrow, carefully calibrated exceptions to asylum eligibility. As relevant here, Congress restricted asylum based on the possibility that a person could safely resettle in a third country. See §1158(a)(2)(A), (b)(2)(A)(vi). The rule, by contrast, does not consider whether refugees were safe or resettled in Mexico—just whether they traveled through it. That blunt approach, according to the District Court, rewrote the statute. See 385 F. Supp. 3d, at 939– 947, 959.

Cite as: 588 U. S. ____ (2019) 3
SOTOMAYOR, J., dissenting
Second, the District Court found that the challengers would likely prevail because the Government skirted typical rulemaking procedures. Id., at 947–951. The District Court noted “serious questions” about the rule’s validity because the Government effected a sea change in immigration law without first providing advance notice and opportunity for public comment. Id., at 930; see also 5 U. S. C. §553. The District Court found the Government’s purported justifications unpersuasive at the preliminary-injunction stage. 385 F. Supp. 3d, at 948–951 (discussing statutory exceptions to notice-and-comment procedures).
Last, the District Court found the explanation for the rule so poorly reasoned that the Government’s action was likely arbitrary and capricious. See id., at 951–957; 5 U. S. C. §706. On this score, the District Court addressed the Government’s principal justifications for the rule: that failing to seek asylum while fleeing through more than one country “raises questions about the validity and urgency” of the asylum seeker’s claim, 84 Fed. Reg. 33839; and that Mexico, the last port of entry before the United States, offers a fea- sible alternative for persons seeking protection from persecution, id., at 33835, 33839–33840. The District Court examined the evidence in the administrative record and explained why it flatly refuted the Government’s assumptions. 385 F. Supp. 3d, at 951–957. A “mountain of evidence points one way,” the District Court observed, yet the Government “went the other—with no explanation.” Id., at 955.
After the District Court issued the injunction, the Ninth Circuit declined the Government’s request for a complete stay, reasoning that the Government did not make the required “ ‘strong showing’ ” that it would likely succeed on the merits of each issue. ___ F. 3d ___ (2019), 2019 WL 3850928, *1 (quoting Hilton v. Braunskill, 481 U. S. 770, 776 (1987)). Narrowing the injunction to the Circuit’s borders, the Ninth Circuit expedited the appeal and permitted

4 BARR v. EAST BAY SANCTUARY COVENANT SOTOMAYOR, J., dissenting
the District Court to consider whether additional facts would warrant a broader injunction. 2019 WL 3850928, *2– *3.
The lower courts’ decisions warrant respect. A stay pending appeal is “extraordinary” relief. Williams v. Zbaraz, 442 U. S. 1309, 1311 (1979) (Stevens, J., in chambers); see also Maryland v. King, 567 U.S. 1301, 1302 (2012) (ROBERTS, C. J., in chambers) (listing stay factors). Given the District Court’s thorough analysis, and the serious questions that court raised, I do not believe the Government has carried its “especially heavy” burden. Packwood v. Senate Select Comm. on Ethics, 510 U. S. 1319, 1320 (1994) (Rehnquist, C. J., in chambers). The rule here may be, as the District Court concluded, in significant tension with the asylum statute. It may also be arbitrary and capricious for failing to engage with the record evidence contradicting its conclusions. It is especially concerning, moreover, that the rule the Government promulgated topples decades of settled asylum practices and affects some of the most vulnerable people in the Western Hemisphere—without affording the public a chance to weigh in.
Setting aside the merits, the unusual history of this case also counsels against our intervention. This lawsuit has been proceeding on three tracks: In this Court, the parties have litigated the Government’s stay request. In the Ninth Circuit, the parties are briefing the Government’s appeal. And in the District Court, the parties recently participated in an evidentiary hearing to supplement the record. In- deed, just two days ago the District Court reinstated a na- tionwide injunction based on new facts. See East Bay Sanc- tuary Covenant v. Barr, No. 4:19–cv–4073, Doc. 73 (ND Cal., Sept. 9, 2019). Notably, the Government moved to stay the newest order in both the District Court and the Ninth Circuit. (Neither court has resolved that request, though the Ninth Circuit granted an administrative stay to allow further deliberation.) This Court has not considered

Cite as: 588 U. S. ____ (2019) 5
SOTOMAYOR, J., dissenting
the new evidence, nor does it pause for the lower courts to resolve the Government’s pending motions. By granting a stay, the Court simultaneously lags behind and jumps ahead of the courts below. And in doing so, the Court side-steps the ordinary judicial process to allow the Government to implement a rule that bypassed the ordinary rulemaking process. I fear that the Court’s precipitous action today risks undermining the interbranch governmental processes that encourage deliberation, public participation, and transparency.
***
In sum, granting a stay pending appeal should be an “extraordinary” act. Williams, 442 U. S., at 1311. Unfortunately, it appears the Government has treated this exceptional mechanism as a new normal. Historically, the Government has made this kind of request rarely; now it does so reflexively. See, e.g., Vladeck, The Solicitor General and the Shadow Docket, 133 Harv. L. Rev. (forthcoming Nov. 2019). Not long ago, the Court resisted the shortcut the Government now invites. See Trump v. East Bay Sanc- tuary Covenant, 586 U. S. ___ (2018). I regret that my colleagues have not exercised the same restraint here. I respectfully dissent.

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

Justice Sotomayor’s dissent says it all, but, alas, in vain.

09-11-19 will be remembered as the day that justice, human rights, and human decency died in America!

Shame on Justices Breyer and Kagan for “going along to get along” with the dismantling of the Refugee Act of 1980. The “blood of the innocents” will be on their hands and the hands of their five colleagues.

The “Dred Scottification” (or “dehumanization”) of immigrants, Latinos, and other minorities that Justice Breyer once predicted, yet lacked the guts to speak out against in this case, is now in full swing. It will increase unabated, now that the Supremes’ sellout to authoritarian racism is assured. And don’t expect “Moscow Mitch” and his gang of toadies to put up any opposition.

The American justice system has been dismantled. But history will remember the roles of each of those “Black Robed Cowards” who participated in its demise.

With this atrocious decision, the Supremes have basically made themselves irrelevant to the battle for fairness and individual rights under the Constitution. As I have suggested before, self-created irrelevance might come back to haunt them.

PWS

09-11-19

 

 

18 YEARS AFTER 09-11, THE “BAD GUYS” ARE WINNING THE BATTLE TO DESTROY AMERICAN JUSTICE & SPLIT THE COUNTRY! — Here’s The Disturbing Proof Of What Passes For “Justice” In America Today!

18 YEARS AFTER 09-11, THE “BAD GUYS” ARE WINNING THE BATTLE TO DESTROY AMERICAN JUSTICE & SPLIT THE COUNTRY! — Here’s The Disturbing Proof Of What Passes For “Justice” In America Today!

https://apple.news/ATepJTbYUSAaVGl8T7Cqh6Q

Maria Pitofsky
Maria Pitofsky
American Journalist

Marina Pitofsky reports in The Hill:

Immigration judge told 2-year-old to be quiet or a dog would ‘bite you’: report

An immigration judge reportedly threatened a Guatemalan child who was making some noise that a “very big dog” would “come out and bite you” if the undocumented immigrant did not quiet down, according to a report by Mother Jones.

The boy was in the courtroom with his mother for an immigration hearing in March 2016 when the threat happened, Mother Jones reported, citing testimony from an independent observer present at the court.

“I have a very big dog in my office, and if you don’t be quiet, he will come out and bite you,” Judge V. Stuart Couch reportedly told the child, according to an affidavit signed by Kathryn Coiner-Collier.

Coiner-Collier was a coordinator for a Charlotte, N.C.-area legal advocacy group that assisted migrants who could not afford attorneys.

 “Want me to go get the dog? If you don’t stop talking, I will bring the dog out. Do you want him to bite you?” the judge continued to tell the boy during the hearing, according to Mother Jones.

Couch later asked Coiner-Collier to carry the boy out of the courtroom and sit with him, she told Mother Jones.

The judge reportedly told Coiner-Collier that he had threatened other children but that it appeared not to be working with this particular child.

Coiner-Collier said she immediately wrote the affidavit after the case, and in a message to the mother’s attorney in 2017, she wrote “I have never lost my composure like I did that day. … I was … red in the face sobbing along with [the boy’s mother.]”

Coiner-Collier also accused Couch of turning off the courtroom’s recording device as he threatened the child, whom she described as being 2 years old even though the judge said he was 5.

The child and her mother appeared again in front of Couch in August 2017, but the case was eventually reassigned. The new judge denied their asylum claim, according to Mother Jones. They are appealing the case.

Couch and five other judges were promoted in August to the Justice Department’s Board of Immigration Appeals.

The Hill has reached out to the Justice Department’s Executive Office for Immigration Review for comment.

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

https://apple.news/AnmnbegntRTqguvX-bYCn8g

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

Meanwhile, back at the ranch, NBC News/AP Reports:

Rollout of ‘soul crushing’ Trump immigration policy has ‘broken the courts’

On the day she was set to see a U.S. immigration judge in San Diego last month, Katia took every precaution.

After waiting two months in Mexico to press her case for U.S. asylum, the 20-year-old student from Nicaragua arrived at the border near Tijuana three hours before the critical hearing was scheduled to start at 7:30 a.m.

But border agents didn’t even escort her into the U.S. port of entry until after 9 a.m., she said, and then she was left stranded there with a group of more than a dozen other migrants who also missed their hearings.

“We kept asking what was going on, but they wouldn’t tell us anything,” said Katia, who asked to be identified by her first name only for fear of jeopardizing her immigration case.

Bashir Ghazialam, a lawyer paid for by Katia’s aunt in the United States, convinced the judge to reschedule her case because of the transportation snafu. Later, staff at the lawyer’s office learned that at least two families in the group were ordered deported for not showing up to court.

Since it started in January, the rollout of one of the most dramatic changes to U.S. immigration policy under the Trump administration has been marked by unpredictability and created chaos in immigration courts, according to dozens of interviews with judges and attorneys, former federal officials and migrants.

The program – known as the “Migrant Protection Protocols” (MPP) – has forced tens of thousands of people to wait in Mexico for U.S. court dates, swamping the dockets and leading to delays and confusion as judges and staff struggle to handle the influx of cases.

In June, a U.S. immigration official told a group of congressional staffers that the program had “broken the courts,” according to two participants and contemporaneous notes taken by one of them. The official said that the court in El Paso at that point was close to running out of space for paper files, according to the attendees, who requested anonymity because the meeting was confidential.

Theresa Cardinal Brown, a former Department of Homeland Security official under presidents Barack Obama and George W. Bush, said the problems are “symptomatic of a system that’s not coordinating well.”

“It’s a volume problem, it’s a planning problem, it’s a systems problem and it’s an operational problem on the ground,” said Brown, now a director at the Bipartisan Policy Center think tank. “They’re figuring everything out on the fly.”

U.S. Customs and Border Protection (CBP) estimated that 42,000 migrants had been sent to wait in Mexico through early September. That agency and the Executive Office for Immigration Review (EOIR), which runs the nation’s immigration courts, referred questions about the program’s implementation to the Department of Homeland Security (DHS), which did not respond to requests for comment.

Huge surge, few courts

The disarray is the result of a surge in migrants, most of them Central Americans, at the U.S. southern border, combined with the need for intricate legal and logistical arrangements for MPP proceedings in a limited number of courts – only in San Diego and El Paso, initially. Rather than being released into the United States to coordinate their own transportation and legal appearances, migrants in MPP must come and go across the border strictly under U.S. custody.

Some migrants have turned up in court only to find that their cases are not the system or that the information on them is wrong, several attorneys told Reuters. Others, like Katia, have received conflicting instructions.

According to court documents seen by Reuters, Katia’s notice to appear stated that her hearing was at 7:30 a.m., while another paper she received said she should arrive at the border at 9 a.m., well after her hearing was set to start. She decided to show up at the border before dawn, according to staff in her lawyer’s office. Still, she wasn’t allowed into the border facility until hours later. Ultimately she was never bussed to the San Diego court and was told her case was closed – a fate she was able to avoid only after frantically summoning her lawyer, Ghazialam, to the border.

Most migrants in MPP – including the two families who were deported from her group at the port of entry – do not have lawyers.

In open court, judges have raised concerns that migrants in Mexico – often with no permanent address – cannot be properly notified of their hearings. On many documents, the address listed is simply the city and state in Mexico to which the migrant has been returned.

Lawyers say they fear for the safety of their clients in high-crime border cities.

A Guatemalan father and daughter were being held by kidnappers in Ciudad Juarez at the time of their U.S. hearings in early July but were ordered deported because they didn’t show up to court, according to court documents filed by their lawyer, Bridget Cambria, who said she was able to get their case reopened.

Adding to uncertainty surrounding the program, the legality of MPP is being challenged by migrant advocates. An appellate court ruled here in May that the policy could continue during the legal battle, but if it is found ultimately to be unlawful, the fate of the thousands of migrants waiting in Mexico is unclear. A hearing on the merits of the case is set for next month.

‘Unrealistic’ numbers

When the MPP program was announced on December 20, then-Homeland Security Secretary Kirstjen Nielsen said one of its “anticipated benefits” would be cutting backlogs in immigration courts.

In the announcement, the agency said sending migrants to wait in Mexico would dissuade “fraudsters” from seeking asylum since they would no longer be released into the United States “where they often disappear” before their hearing dates.

But the immediate impact has been to further strain the immigration courts.

A Reuters analysis of immigration court data through Aug. 1 found judges hearing MPP cases in El Paso and San Diego were scheduled for an average of 32 cases per day between January and July this year. One judge was booked for 174 cases in one day.

“These numbers are unrealistic, and they are not sustainable on a long-term basis,” said Ashley Tabaddor, head of the national immigration judge’s union.

To reduce the backlog, DHS estimates the government would need to reassign more than 100 immigration judges from around the country to hear MPP cases via video conferencing systems, according to the attendees of the June meeting with congressional staff.

Kathryn Mattingly, a spokeswoman for EOIR, said that the rescheduling was necessary to deal with the substantial volume of recent cases.

All told, the courts are now struggling with more than 930,000 pending cases of all types, according to EOIR.

As of August 1, 39% of the backlog in the San Diego court and 44% of the backlog in the El Paso court was due to MPP case loads, Reuters analysis of immigration court data showed.

Despite concerns over the system’s capacity, the government is doubling down on the program.

In a July 26 notification to Congress, DHS said it would shift $155 million from disaster relief to expand facilities for MPP hearings, and would need $4.8 million more for transportation costs. DHS said that without the funding “MPP court docket backlogs will continue to grow.”

Tent courts are set to open this month in Laredo and Brownsville, Texas, and so far more than 4,600 cases have been scheduled there to be heard by 20 judges, according to court data.

In Laredo, 20 to 27 tent courtrooms will provide video conferencing equipment so judges not based at the border can hear cases remotely, said city spokesman Rafael Benavides.

Brownsville’s mayor Trey Mendez said last month that about 60 such courtrooms were likely to be opened, though he had few details. City manager Noel Bernal told Reuters that communication with the federal government about the plans has been “less than ideal.”

‘Desperate people’

At her next hearing in San Diego in mid-September, Katia hopes to tell a judge how her participation in student demonstrations made her a target of government supporters.

Meanwhile, she said, she is living with her parents and 10-year-old brother in a fly-infested apartment with broken plumbing outside Tijuana.

The whole group is seeking asylum because of their support for the protests, according to Katia, her mother Simona, her lawyers, as well as court documents.

Recently, family members said they witnessed a shootout on their corner and Katia’s brother is now waking up with night terrors.

“They are playing games with the needs of desperate people,” said Simona, 46, who like Katia requested the family’s last names be withheld to avoid harming their case. “It’s soul crushing.”

Follow NBC Latino on Facebook, Twitter and Instagram

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

Of course, Judge Couch is already well-known for his bias and hostility toward asylum seekers, particularly abused women. Why else would he have been “promoted” to the position of “Appellate Immigration Judge” by “Billy the Sycophant” Barr? Obviously, the idea is to promote bias and “worst practices” as the “nationwide norm.”

And we never should forget the spineless ineptness and complicity of Congress and the Article III Courts who are watching this travesty unfold every day while essentially looking the other way. Guess that as long as it’s somebody else “in the woodshed” these dudes can “tune out” the screams of the dehumanized. But, chances are when it’s finally their rights (or the rights of someone they “care about”) at stake, there will be nothing left of our legal and Constitutional system to protect them. 

Indeed, the lawless and unconstitutional “Let ‘Em Die in Mexico Program” described here is largely the responsibility of the “above the fray” Judges of the Ninth Circuit Court of Appeals who have permitted this intentionally abusive and dehumanizing program to torment refugees and their representatives with impunity.

Disgustingly, these life-tenured judges and elected representatives are lining themselves up squarely with the forces of White Nationalism and overt racism, folks like Neo-Nazi Stephen Miller.

The judicial and Congressional complicity in the abuse and torment of the most vulnerable among us and their wanton disregard for the Constitution they swore to uphold will not go unnoticed by history. This, indeed, is how democracies die and the “bad guys of the world” win. 

PWS

09-11-19

NATIONAL DISGRACE: U.S. “Goes Third World” With “Justice By Omar The Tentmaker!”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=ff10b6f5-86be-4f3a-8291-1aa8b5ad3060

Molly Hennessy Fiske
Molly Hennessy Fiske
Staff Writer
LA Times

Molly Hennessy-Fiske reports for the LA Times:

By Molly Hennessy-Fiske

LAREDO, Texas — Workers climbed atop a massive new U.S. immigration tent court on the banks of the Rio Grande at dawn Monday, adding the last few nails to the white roof, as generators hummed.

A line of people snaked across the nearby border bridge, streaming into the U.S. from Mexico to travel, work and go to school, passing by the fenced walkway to the new 36,000-square-foot tent court complex.

Months after construction began, much about Homeland Security’s $25-million tent courts in south Texas remains a mystery, even to lawyers who expect to represent their migrant clients as soon as this week. What day the hearings will begin, where lawyers should file paperwork and even whether attorneys can meet their clients beforehand — all remain unanswered questions in this border town.

“The question is who’s going to have jurisdiction over these courts?” said Leidy Perez-Davis, Washington-based policy counsel for the American Immigration Lawyers Assn., whose members represent migrants scheduled to appear at the tents. “There’s not a lot of transparency. The confusion is large and wide.”

Tent courts were erected here and in Brownsville, Texas, during the summer by U.S. Customs and Border Protection at a cost of $25 million, so far. At least 20 courtrooms are expected to process 200 to 250 people a day, according to Laredo city spokesman Rafael Benavides. The tent court in Brownsville is expected to handle about 720 migrants a day, according to the federal contract.

The city had offered to lease Homeland Security an air-conditioned, 21,000-square-foot office building for 18 months for only $1, but Homeland Security officials declined the offer, they said, “because of the importance of having an operational hearing facility within the following two months to ensure timely hearings for migrants.” The city had told Homeland Security that the building would be ready in time, but the offer was still rejected.

While federal immigration courts are public, the tent courts are unique because they were built on Homeland Security land. Homeland Security facilities generally are not open to the public beyond occasional press tours, meaning the public and the media could potentially be prevented from observing the hearings.

Access became a concern this summer after migrant advocates and the office of the inspector general reported squalid conditions at migrant holding areas in several south Texas Border Patrol stations. Homeland Security and U.S. Customs and Border Protection officials did not respond to requests from The Times to visit the tents or provide more information about how they will operate.

Immigration courts built inside other Homeland Security facilities, such as adult and family detention centers, are open to the public, though Homeland Security screens lawyers, reporters and other members of the public, in some cases banning them or requiring them to apply for access days in advance.

The tent courts are expected to exclusively host hearings for migrants who have been returned to Mexico to await the outcome of their asylum cases under the Trump administration’s “Remain in Mexico” program, which started in California in January and expanded to Laredo in July. The program has resulted in the return of more than 37,000 migrants to Mexico, many now stuck in overcrowded shelters or makeshift border encampments.

In recent days, the Border Patrol returned an average of 125 migrants daily to Nuevo Laredo. Borderwide, roughly 1,200 migrants are returned to Mexico daily, officials told Laredo Mayor Pete Saenz.

Immigration judges have been hearing Remain in Mexico cases in San Diego and El Paso for months, but in bricks-and-mortar courtrooms, open to the public as space allows.

Rep. Henry Cuellar, a Democrat who represents Laredo, and Saenz said they were told by Homeland Security officials that immigration judges in San Antonio would conduct the tent court hearings via videoconference starting Sept. 16, which is Independence Day, a national holiday in Mexico. Migrants’ attorneys said at least one person was scheduled to appear before that, on Thursday.

Adding to the confusion, attorneys said they have been unable to determine which federal agency controls access to the tents and whether they would be allowed to meet with asylum seekers there privately before a client’s hearing.

“It’s definitely going to affect the ability to represent clients and to help these asylum seekers. Attorneys have no idea where to file the paperwork necessary for these hearings; they don’t know what court will have jurisdiction; they don’t know if they’re supposed to go to the court where their client is or where the judge will be. We don’t know if there will be interpreters,” Perez-Davis said. “What we’re going to see is massive confusion.”

Denise Gilman, co-director of the immigration clinic at the University of Texas School of Law, said she has been visiting migrants in Nuevo Laredo, including one scheduled to appear at the tent courthouse this week. She said the clinic did not plan to represent them because the logistics made it impossible to meet migrants before their hearings.

“I just don’t want to partake of a system that is not set up to adjudicate but, rather, to exclude…. It is really just a mock-up of a court,” she said.

A spokeswoman for the federal immigration courts referred questions about the tent courts to Homeland Security. Spokesmen for Homeland Security and Border Patrol said they were still trying to clarify who would be given access.

A Homeland Security official said the agency “understands the need to protect the privacy and due process rights of individuals who will appear at these locations” and promised that the agency would quickly “determine how best to balance these rights with the special security issues that we must confront at an active port of entry.”

Cuellar, a former lawyer who toured the tents in July, said they sit alongside a dozen air-conditioned metal containers where he was told lawyers would be allowed to meet with their clients. He plans to tour the tent court on Tuesday. “I want to make sure we look at what’s the process there, where they meet with an attorney, where the videoconference is going to be.”

Cuellar said Homeland Security’s decision to reject the city’s offer of near-free use of a municipal building left him feeling cynical.

“It’s a waste of taxpayers’ money,” Cuellar said. “They’re trying to get visuals: tents, barbed wire, National Guard, wall…. They’re manufacturing a crisis.”

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

Wasting taxpayer money, destroying Due Process, making a mockery out of the U.S. Justice system. Par for the course under the Trump Administration and its enablers.

When will Congress or the Article III courts put a stop to this illegal and unconstitutional “downward spiral” into “Third World Authoritarianism?”

In the meantime, join the New Due Process Army and fight for the restoration and improvement of our Constitutional rights and human decency.

PWS

09-10-19

USDJ JON S. TIGAR REIMPOSES NATIONWIDE INJUNCTION AGAINST TRUMP’S ATTEMPTED END RUN AROUND U.S. ASYLUM LAWS!

Maura Dolan
Maura Dolan
Legal Reporter
LA Times

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=b683ac87-c10e-4278-9894-269d94563603

Maura Dolan reports for the LA Times:

By Maura Dolan

SAN FRANCISCO — A federal judge reinstated a nationwide injunction Monday against a Trump administration rule that would deny asylum to most immigrants at the southern border.

U.S. District Judge Jon S. Tigar, citing the need for a uniform immigration policy, issued a 14-page decision explaining why the injunction should not be limited to the Western states within the U.S. 9th Circuit Court of Appeals.

Trump’s new rule makes migrants ineligible for asylum if they passed through another country en route to the U.S. and failed to apply for protection in that country. Most asylum seekers come from Central America.

Tigar first issued a nationwide injunction against the rule in July, but a three-judge 9th Circuit panel decided 2 to 1 to narrow it to the states within the circuit. The appeals court said Tigar had failed to justify the need for a nationwide order.

As a result, border officials in California and Arizona were not allowed to apply the new rule against asylum seekers, but agents in Texas and New Mexico could.

The American Civil Liberties Union, the Center for Constitutional Rights and the Southern Poverty Law Center returned to Tigar’s courtroom last week and asked him to document the need for a nationwide order.

The 9th Circuit has said it would hold a hearing on the case in December.

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

So, the rule is now suspended even outside the 9th Circuit, at least until December when the 9th Circuit takes up the case again. But, what about those who were “processed” outside the 9th Circuit during the ill-advised “limitation of the injunction” by the 9th Circuit?

The Administration’s cowardly “war on refugees and asylum seekers” is causing mass confusion, chaos in the courts, and human misery every day.

PWS

09-10-19Dolan

RETIRED MILITARY LEADERS SPEAK OUT AGAINST TRUMP’S WANTON DESTRUCTION OF U.S. RFUGEE PROGRAM — “When we slam the door on refugees, we encourage other nations to do the same, contributing to a less compassionate and more dangerous world, one in which our military will increasingly be called to provide stability.”

Admiral Robert J. Natter
United States Navy Official photo of ADM (Line) [Now Retired] Robert J. Natter, Deputy Chief of Naval Operations for Plans, Policy and Operations N3/N5. As of August 1999.
Lt. Gen. Mark P. Hertling
Lt. Gen. (Ret.) Mark P. Hertling
U.S. Army

 

https://www.washingtonpost.com/opinions/2019/09/08/cutting-refugee-admissions-will-have-severe-consequences-us-military/

Admiral (Ret.) Robert J. Natter & Lt. General (Ret.) Mark P. Hertling write in WashPost:

Robert J. Natter is a retired U.S. Navy admiral who served as commander of the U.S. Atlantic Fleet and U.S. Fleet Forces from 2000 to 2003. Mark P. Hertling is a retired lieutenant general who served as commanding general of U.S. Army Europe from 2011 to 2012.

America was founded as a safe haven to persecuted people and a beacon of hope, liberty and freedom to people around the world. Those themes reflect our values, and the welcoming of refugees to our shores is one of our proudest legacies and a fundamental part of who we are as a nation.

As military leaders, we spent nearly four decades defending these values. But today, a core American legacy is at risk, as the Trump administration is reportedly considering issuing severe, unprecedented cuts — potentially even zeroing out — the bipartisan U.S. Refugee Admissions Program, the established legal means of entry for these deserving people.

This week, we joined a group of 27 retired generals and admirals — all of whom have been operational leaders in military conflicts and exhibited courage in defending our values on the battlefield — in writing to President Trump expressing grave concerns about the direction of this vital program.

That’s because for many of us, welcoming refugees is not just a matter of smart policy and a reflection of our national values; it is also personal. Many of us know these refugees: They worked for and with us in our fight against terrorists and insurgents. The tangible and significant improvements we were able to make in the lives of millions as well as efforts to protect our own soldiers, sailors and Marines would not have been possible without the dedicated efforts of thousands of Iraqi and Afghan interpreters, logisticians, engineers and others.

Many of those individuals were targeted because of their assistance to us. They and their families have often been threatened for working with coalition forces, yet they bravely continued in their service at every level from translating conversations at the infantry squad level to contributing to task-force-level diplomatic missions. They may claim different cultures and speak different languages, but they have all put their lives on the line along with our citizens as part of our team.

Many of our partners continue to live in fear, given the continued hazardous situations in various parts of the world. In Iraq alone, more than 100,000 await entry to the United States. We promised our Iraqi partners support and safety when they were shoulder to shoulder with us fighting a despicable enemy. If today we turn these people away, or reduce the numbers who are allowed entry, it will be extremely difficult to ask others to assist us in the future.

Providing safety to people who assist American troops is a core function of our refugee program, but it does not stop there. We are living in a moment of unprecedented global displacement. Of the nearly 26 million refugees across the globe, most are hosted by low- and middle-income countries bordering the unstable areas that people are fleeing. A small proportion of the most vulnerable — less than 5 percent — are selected for resettlement. In addition to humanitarian assistance, resettling refugees is a concrete way that the United States offers support to these countries, while also strengthening regional stability and reducing the risk that people will be forced to return to conflict zones.

We know firsthand that both the humanitarian and strategic consequences of conflicts in Iraq, Syria, the Balkans and East and West Africa would be much worse had neighboring countries closed their borders. We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.

When we slam the door on refugees, we encourage other nations to do the same, contributing to a less compassionate and more dangerous world, one in which our military will increasingly be called to provide stability.

Over the past 40 years, the United States has welcomed about 3 million refugees from around the world who have gone on to contribute to and strengthen this country in immeasurable ways. The average refugee admission level across both Republican and Democratic administrations is 95,000 annually. Yet in the last two years, admissions have plummeted 75 percent.

In the next two weeks, the president will decide how many refugees we will admit in 2020. That decision will determine whether we uphold America’s legacy as a haven for the persecuted, and it will send a powerful message to the world about who we are as a people. We strongly recommend that this lifesaving humanitarian program be restored to historic bipartisan-supported levels.

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“We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.”

So much for the Trump Administration’s “solution” of returning refugees and other forced migrants to danger zones in their own countries or to countries that are equally or more dangerous. Killing and abusing forced migrants through improper returns and “deterrents” intended to make them “die in place” is reminiscent of other types of “final solutions” that were disastrous for humanity. Only, this time, the U.S. is the “leader of the pack” downward rather than one of those fighting to save humanity.  

A thoroughly cowardly performance by Trump and his White Nationalist gang.

Also, for the more than four decades I have been involved in immigration and refugee issues, overseas refugee admissions have received overwhelming bipartisan support. What has happened to the GOP which suddenly has “swallowed the whistle” in the face of Trump’s cowardly White Nationalism?

It appears that retired military leaders, like former U.S. Immigration Judges, can make a “full time job” out of speaking out against the stupid, counterproductive, and inhumane policies of the Trump Administration.

PWS

09-10-19

THE U.S. REFUGEE PROGRAM IS A SMASHING SUCCESS THAT SAVES LIVES WHILE PROMOTING THE NATIONAL INTEREST IN MANY WAYS — NOW, TRUMP & HIS STUPID & CRUEL WHITE NATIONALIST GANG WANT TO COMPLETELY SHUT OUT REFUGEES AT A TIME OF THE WORLD’S GREATEST NEED AND WHEN AMERICA NEEDS MORE IMMIGRANTS!

Julie Hirshfeld Davis
Julie Hirshfeld Davis
Congressional Reporter
NY Times
Michael D. Shear
Michael D. Shear
White House Reporter
NY Times

https://www.nytimes.com/2019/09/06/us/politics/trump-refugees-united-states.html

Julie Hirshfeld Davis & Michael D. Shear report for The NY Times:

By Julie Hirschfeld Davis and Michael D. Shear

  • Sept. 6, 2019

WASHINGTON — The White House is considering a plan that would keep most refugees who are fleeing war, persecution and famine out of the United States, significantly cutting back a decades-old program, according to current and former administration officials.

One option that top officials are weighing would cut refugee admissions by half or more, to 10,000 to 15,000 people, but reserve most of those spots for people from a few countries or from groups with special status, such as Iraqis and Afghans who work alongside American troops, diplomats and intelligence operatives abroad. Another option, proposed by a top administration official, would reduce refugee admissions to zero, while leaving the president with the ability to admit some in an emergency.

Both options would all but end the United States’ status as a leader in accepting refugees from around the world.

 

The issue is expected to come to a head on Tuesday, when White House officials plan to convene a high-level meeting to discuss the annual number of refugee admissions for the coming year, as determined by President Trump.

“At a time when the number of refugees is at the highest level in recorded history, the United States has abandoned world leadership in resettling vulnerable people in need of protection,” said Eric Schwartz, the president of Refugees International. “The result is a world that is less compassionate and less able to deal with future humanitarian challenges.”

For two years, Stephen Miller, Mr. Trump’s top immigration adviser, has used his considerable influence in the West Wing to reduce the refugee ceiling to its lowest levels in history, capping the program at 30,000 this year. That is a more than 70 percent cut from its level when President Barack Obama left office.

The move has been part of Mr. Trump’s broader effort to reduce the number of documented and undocumented immigrants entering the United States, including numerous restrictions on asylum seekers, who, like refugees, are fleeing persecution but cross into the United States over the border with Mexico or Canada.

Now, Mr. Miller and allies from the White House whom he placed at the Departments of State and Homeland Security are pushing aggressively to shrink the program even further, according to one senior official involved in the discussions and several former officials briefed on them, who spoke on the condition of anonymity to detail the private deliberations.

White House officials did not respond to a request for comment.

John Zadrozny, a top official at United States Citizenship and Immigration Services, made the argument for simply lowering the ceiling to zero, a stance that was first reported by Politico. Others have suggested providing “carveouts” for certain countries or populations, such as the Iraqis and Afghans, whose work on behalf of the American government put both them and their families at risk, making them eligible for special status to come to the United States through the refugee program.

Advocates of the nearly 40-year-old refugee program inside and outside the administration fear that approach would effectively starve the operation out of existence, making it impossible to resettle even those narrow populations.

“Pulling the rug out from under refugees and the resettlement program, as is reported, is unfair, inhumane and strategically flawed for the United States,” said Nazanin Ash, the vice president for global policy and advocacy for the International Rescue Committee. “This is a program that is reserved for, and vital to, the most vulnerable refugees.”

Now, officials at the advocacy groups say the fate of the program increasingly hinges on an unlikely figure: Mark T. Esper, the secretary of defense, who they are hoping will save the program by protesting the cut and recommending that Mr. Trump set a higher refugee ceiling.

Barely two months into his job as Pentagon chief, Mr. Esper, a former lobbyist and defense contracting executive, is the newest voice at the table in the annual debate over how many refugees to admit. But while Mr. Esper’s predecessor, Jim Mattis, had taken up the refugee cause with an almost missionary zeal, repeatedly declining to embrace large cuts because of the potential effect he said they would have on American military interests around the world, Mr. Esper’s position on the issue is unknown.

The senior military leadership at the Defense Department has been urgently pressing Mr. Esper to follow his predecessor’s example and be an advocate for the refugee program, according to people familiar with the conversations in the Pentagon.

But current and former senior military officials said the defense secretary had not disclosed to them whether he would fight for higher refugee admissions at the White House meeting next week. One former general described Mr. Esper as in a “foxhole defilade” position, a military term for the infantry’s effort to remain shielded or concealed from enemy fire.

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For two years, Stephen Miller, Mr. Trump’s top immigration advisor, has used his influence to reduce the refugee ceiling to its lowest levels in history.

Credit

Erin Schaff/The New York Times

A senior Defense Department official said that Mr. Esper had not decided what his recommendation would be for the refugee program this year. As a result, an intense effort is underway by a powerful group of retired generals and humanitarian aid groups to persuade Mr. Esper to pick up where Mr. Mattis left off.

In a letter to Mr. Trump on Wednesday, some of the nation’s most distinguished retired military officers implored the president to reconsider the cuts, taking up the national security argument that Mr. Mattis made when he was at the Pentagon. They called the refugee program a “critical lifeline” to people who help American troops, diplomats and intelligence officials abroad, and warned that cutting it off risked greater instability and conflict.

“We urge you to protect this vital program and ensure that the refugee admissions goal is robust, in line with decades-long precedent, and commensurate with today’s urgent global needs,” wrote the military brass, including Admiral William H. McRaven, the former commander of United States Special Operations; General Martin E. Dempsey, the former chairman of the Joint Chiefs of Staff; and Lt. General Mark P. Hertling, the former commanding general of Army forces in Europe.

They said that even the current ceiling of 30,000 was “leaving thousands in harm’s way.”

Gen. Joseph L. Votel, who retired this year after overseeing the American military’s command that runs operations in the Middle East, also signed the letter. In an interview, he noted that the flows of refugees leaving war-torn countries like Syria was one of the driving forces of instability in the region.

“We don’t do anything alone,” General Votel said of American military operations overseas, which are regularly helped by Iraqi citizens who become persecuted refugees. “This is not just the price we pay but an obligation.”

Mr. Mattis privately made the same arguments in 2018 and 2019 as he tried to fight back efforts by Mr. Miller to cut the refugee cap, which had already been reduced to 50,000 by Mr. Trump’s travel ban executive order.

Joined by Rex W. Tillerson, who was then the secretary of state, and Nikki R. Haley, the United Nations ambassador at the time, Mr. Mattis succeeded in keeping the cap at 45,000 for 2018. The next year, Mr. Miller tried to persuade Mr. Mattis to support a lower number by promising to ensure the program for the Iraqi and Afghans would not be affected. But Mr. Mattis refused, pushing for the program to remain at 45,000 refugees. But with Mr. Tillerson gone, Mr. Miller succeeded in persuading the president to drop the ceiling to 30,000.

In his announcement last year, Secretary of State Mike Pompeo argued that because of a recent surge of asylum seekers at the southwestern border, there was less of a need for the United States to accept refugees from abroad.

“This year’s refugee ceiling reflects the substantial increase in the number of individuals seeking asylum in our country, leading to a massive backlog of outstanding asylum cases and greater public expense,” Mr. Pompeo said at the time.

Now, a year later, Mr. Miller and his allies have repeatedly made that same argument in urging that the number go even lower.

Barbara Strack, who retired last year as chief of the Refugee Affairs Division at the federal Citizenship and Immigration Services, said the United States used to be a model for other countries by accepting refugees from all over the globe. After America began accepting Bhutanese refugees from Nepal, she said, other countries followed suit.

“Very often, that leadership matters,” she said. “That is something that is just lost in terms of who the United States is in the world and how other governments see us.”

The State Department was once the main steward and champion of the refugee resettlement program, but under Mr. Trump, that has changed, as the president and Mr. Miller have made clear that they view it with disdain. The top State Department official now in charge of refugees is Andrew Veprek, a former aide of Mr. Miller’s at the White House Domestic Policy Council who — with Mr. Zadrozny — was a central player in 2017 in efforts to scale back refugee resettlement as much as possible.

That has left the Defense Department as the last agency that could potentially preserve the refugee program. Its proponents inside the administration say they feel a sense of desperation waiting to see whether Mr. Esper will become its advocate.

“The strength of D.O.D.’s argument would really make a difference,” Ms. Strack said. “There just needs to be an acknowledgment that this administration would be walking away from a longstanding, bipartisan tradition of offering refuge to the most vulnerable people around the world.”

That sense of foreboding has intensified in recent weeks, as Mr. Miller has locked down the process for determining the refugee ceiling, to guard against leaks and cut down on opportunities for officials to intervene to save it. Normally, cabinet-level officials would be informed in advance of the options to be discussed at a meeting like the one scheduled on Tuesday.

This time, officials have been informed that their bosses will learn what numbers the White House is proposing only when they sit down at the table and are asked to weigh in.

Correction: September 6, 2019

An earlier version of this article misstated the age of a refugee program. It is 40 years old, not 50 years old.

Helene Cooper and Thomas Gibbons-Neff contributed reporting.

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Here’s a recent post featuring Don Kerwin of Center for Migration Studies (“CMS”) highlighting the many successes of our national refugee program and how it serves the national need.

https://immigrationcourtside.com/2019/07/21/don-kerwin-cms-refugees-helped-make-america-great-now-unpatriotic-trump-administration-plans-to-completely-abandon-worlds-refugees-at-their-time-of-greatest-need-rich/

As someone who worked on the enactment and initial implementation of the Refugee Act of 1980, I find Trump’s actions to be shockingly un-American and short sighted. The Refugee Program is there for very good reasons — to implement our obligations under the U.N. Convention & Protocol Relating To The Status of Refugees in an orderly and transparent manner with needed participation from both Congress and the Executive. 

While no program is “perfect,” the Refugee Admissions Program under the Refugee Act of 1980 is about as close to a perfect program as you can get. It has fostered nearly unprecedented cooperation among the U.S., other signatory countries, and NGOs who do much of the “footwork” at minimal costs to the Government in relation to the program’s long-term contributions to saving lives and promoting the national interest. Terminating it is nothing short of insane — the action of diseased and twisted minds overcome by fear, cowardice, and White Nationalist-stoked racism.

Undoubtedly, a future Administration will attempt to restore the program to its important place in the American foreign and domestic policy arenas. But, it won’t be so easy. The success of today’s overseas program is based on years of shared expertise among our government institutions, the NGO community, and the international community. Once that apparatus is “disassembled” and the expertise lost or diverted elsewhere, it will not be easily or quickly restored. 

Indeed a much more rational program, recommended by many, would be to substantially increase our refugee admissions, even above Obama Administration levels, and to include a realistically generous and robust program for identifying and accepting for resettlement refugees from the Northern Triangle without forcing them to make the difficult journey to the U.S. border to seek our protection.

Incidentally, since there is an irreducible requirement of “non refoulment,” or “non-return” under Article 33 of the U.N. Convention & Protocol, refugees will continue to seek protection from the U.S. no matter what lengths to which the Trump Administration goes to harass and punish therm. Eliminating existing legal refugee and asylum programs will just make their quest more dangerous and uncertain. It also will force those who succeed in establishing their cases for protection to “remain in limbo” in the U.S. rather than being welcomed and integrated into our society so that they can achieve their full human potential. Talk about a “lose-lose!” But, ultimately, making everybody a loser is about the only real skill that Trump, American’s greatest con-man, possesses.

Every day, the vile characters in the Trump Administration lead our country downward — toward the darkest recesses of failure and despair. We need national leaders who can show us the way upward again, before it’s too late for all of us.

PWS

09-08-19