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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

05-21-17

LEGISLATION: House GOP Takes The Low Road — Eschews Compromise — Goes For Enforcement Overkill!

http://www.cnn.com/2017/05/18/politics/immigration-bill-house-committee/index.html

Tal Kopan reports for CNN:

“Washington (CNN)Democrats and Republicans on Thursday faced off over immigration policy as a House committee began considering a set of immigration bills that Democrats say would amount to the creation of a “mass deportation force.”

Proponents of the first bill under consideration by the House judiciary committee — named after two law enforcement officers who were allegedly murdered by an undocumented immigrant — advocated for the bill as important to public safety and rule of law.
But Democrats on the committee decried the bill as an unnecessarily harsh anti-immigrant push by President Donald Trump.
“Proponents of this bill say that it’s necessary to keep us safe, but what the bill really does is pander to the noxious notion that immigrants are criminals and should be dealt with harshly,” said immigration subcommittee ranking member Zoe Lofgren, a California Democrat. “This bill gives Trump and (adviser Steve) Bannon the legislation to establish their mass deportation force. … This bill should really be called the ‘Mass Deportation Act,’ because that’s what it is.”
Judiciary Chairman Bob Goodlatte said the bill was not intended to target immigrants, but to “respect the rule of law.”
“This is simply a bill that gives any administration, the current one and future ones, the authority to enforce our laws properly, and gives to state and local governments … the ability to participate in that enforcement,” Goodlatte said.
The committee was set to mark up three Republican bills related to immigration on Thursday — one that would vastly expand the role of state and local jurisdictions in immigration enforcement and two others that would authorize immigration components of the Department of Homeland Security.
But by mid-afternoon, the committee recessed until next week after only making its way through two amendments. Both were brought by Democrats to strike portions of the bill, and after lengthy debate, both were rejected by the Republican majority committee. Democrats were expected to continue bringing a number of similar amendments when the markup continues on the nearly 200 page bill.
The main bill the committee discussed, the Michael Davis Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act, was introduced by Republican Rep. Raul Labrador of Idaho, and closely resembles similar legislation that the House judiciary committee has advanced in the past and that now-Attorney General Jeff Sessions introduced in his time in the Senate.
The Davis-Oliver Act would substantially increase the capabilities of federal and local immigration enforcement, including empowering state and local law enforcement to enact their own immigration laws and penalties. It also would give the government powers to revoke visas, beef up Immigration and Customs Enforcement’s ability to arrest and deport undocumented immigrants, increase criminal penalties for undocumented immigrants and punish sanctuary jurisdictions.

The two parties went back and forth on the bill, with Democrats decrying it as demonization of all immigrants, as an increase in mass incarceration and as a promotion of racial profiling and as unconstitutional federal overreach. They noted that local law enforcement in sanctuary cities say their policies are important for victims and witnesses of crimes to feel comfortable coming forward.
But Labrador said the notion that the bill harms public safety is “the most preposterous and outrageous argument I’ve ever heard.”
“For too long we have allowed individuals to enter our country illegally and in many cases do us harm,” he said. “While other reforms are needed, this bill is vital to a long-term fix.”
The other two bills, introduced by Goodlatte, a Virginia Republican, would serve as authorizations for ICE and US Citizenship and Immigration Services, codifying the mission statements of both entities. The USCIS bill would focus the agency, which oversees the issuance of visas and grants immigrants the ability to enter the U.S. . . . .”

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America has all the immigration enforcement we need at present. Undocumented entries are down, the undocumented population is stable, and all reputable studies show that migrants of all types are among the most law-abiding sectors of our society.  Also, the DHS is unable to remove everyone who is currently under a final order of removal.  The U.S. Immigration Court system is completely backlogged, with nearly an astounding 600,000 pending cases.

Consequently, beyond funding “fixes” for the overwhelmed Immigration Courts and the DHS program for executing final orders of removal, there is no need for additional immigration enforcement personnel and authority at this time.  Nor is there any need to push reluctant cities to help DHS out with immigration enforcement.

No, notwithstanding the disingenuous statements by GOP Reps. Goodlatte and Labrador, this is all about generating anti-immigrant sentiment and promoting a non-existent link among  immigrants, crime, and national security..

What America really needs is some type of legalization program to allow the millions of law-abiding undocumented individual already here to continue to work and contribute to our society.  Additionally, we need immigration reform that would expand the legal immigration system to more realistically match supply with demand. This, in turn, would encourage individuals to enter through the legal system and thereby register and submit themselves to complete pre-entry vetting.  That’s what would actually promote the safety and prosperity of America!

PWS

05-19-17

 

 

THE HILL: N. Rappaport — Will Sessions’s Criminal Immigration Enforcement Program Succeed?

http://thehill.com/blogs/pundits-blog/immigration/333419-the-days-of-abdicating-our-duty-to-enforce-immigration-laws

Nolan writes:

“On May 11, 2017, Attorney General Jeff Sessions made an appearance before Customs and Border Protection officers at the U.S.-Mexico border to announce the issuance of new guidance to federal prosecutors on criminal immigration enforcement.

It is here, along this border, he said, that transnational gangs like MS-13and international cartels flood our country with drugs. They leave death and violence in their wake. “And it is here that criminal aliens and the coyotes and the document forgers seek to overthrow our system of lawful immigration.”

“I am here to tell you, the brave men and women of Customs and Border Protection: we hear you and we have your back.”

The president has made enforcement of our immigration laws a priority, and we are seeing the results already. Illegal crossings dropped by 40 percent from January to February of this year, and last month, we saw a 72 percent drop compared to the month before the president was inaugurated. This is the lowest monthly figure in the last 17 years.

It is “the Trump era.” The days of abdicating our duty to enforce the immigration laws are over.

. . . .

Sanctuary cities ‘harboring‘ aliens: Trump’s next immigration target?

The harboring provision provides criminal penalties for concealing, harboring, or shielding aliens from detection knowing that they are in the United States illegally.

Harboring that results in the death of any person, may “be punished by death or imprisoned for any term of years or for life.”

The harboring provision does not specify what actions constitute “harboring,” and the courts have not settled on one uniform definition.

According to the Second Circuit, it encompasses “conduct tending substantially to facilitate an alien’s ‘remaining in the United States illegally,’ provided that the person charged has knowledge of the immigrant’s unlawful status.”

Isn’t that what officials in sanctuary cities are doing when they take affirmative steps to help undocumented aliens to remain in the United States unlawfully? “

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

I’m skeptical that anything “sanctuary cities” are doing could be prosecuted as “harboring.”

PWS

05-16-17

MARJORIE COHN IN HUFFPOST: Destroying American Justice From The Inside — The “Gonzo-Apocalypto Era” Takes Hold At The USDOJ!

http://www.huffingtonpost.com/entry/jeff-sessions-department-of-injustice_us_590dd80ee4b0f711807244f1

Cohn writes:

“Motivated by his deep-seated biases and those of President Donald Trump, Attorney General Jeff Sessions is pursuing a draconian agenda on voting rights, immigration, crime, policing, the drug war, federal sentencing and the privatization of prisons.

Sessions, now head of the Department of Justice, which is charged with enforcing the Voting Rights Act, once called the act “intrusive.” In 2013, after the Supreme Court issued a decision in “Shelby County v. Holder” that struck down the section of the act that established a formula for preclearance of jurisdictions with a history of racial discrimination, Sessions called it “a good day for the South.”

Sessions and Trump tout the existence of what the Brennan Center for Justice at New York University Law School calls a “phantom crime wave.” While this administration scaremongers about high crime rates, in reality, national crime and murder rates are at a near-historic low: 50 percent less than they were at their peak in 1991.

Trump’s campaign mantra was “law and order,” a euphemism for tolerating excessive force by police officers, often against people of color. Trump speaks of “American carnage” in the cities and a “war” on the police. His bogus rhetoric is aimed at Black Lives Matter, which arose in response to increasing numbers of police shootings, particularly of nonwhites.

The president depicts police reform measures as “anti-law enforcement” and Sessions is fully on board with this framing. In 2015, when he was a senator, Sessions said that police reform movements endanger public safety and hinder police work.

Sessions opposes consent decrees, which are court-enforced agreements aimed at eliminating racial profiling and excessive force by police in agencies that demonstrate “a pattern or practice” of violating civil rights. Sessions says the federal government should not be “dictating to local police how to do their jobs” (except when it comes to immigration enforcement, that is).

Amnesty International warns that Trump and Sessions’ “law and order” rhetoric could lead to higher levels of mass incarceration, long sentences and prolonged solitary confinement.

. . . .

Trump and Sessions are not disappointing the white nationalists who favor using immigration policy as a wedge to further their “alt-right” program.

Kevin de León, President pro Tempore of the California State Senate, noted, “It has become abundantly clear” that Sessions and Trump “are basing their law enforcement policies on principles of white supremacy ― not American values.”

From January to mid-March of this year, immigration arrests have increased by 33 percent. Since Trump’s inauguration, the number of arrests of immigrants with no criminal records has doubled. Roughly half of the 675 arrested in early February raids had either driving convictions or no criminal record at all, according to data obtained by The Washington Post.

Sessions drastically increased penalties for illegal reentry into the United States and ordered immigration officials to charge undocumented immigrants with higher-penalty crimes.

Although Sessions’ heavy-handed actions are based on Trump’s spurious claim that immigrants disproportionately murder and rape US citizens, studies have shown that immigrants actually commit fewer crimes than citizens.

Agents from Immigration and Customs Enforcement (ICE) are arresting immigrants who come to the courthouse. This egregious practice motivated California Supreme Court Chief Justice Tani Cantil-Sakauye to complain in a letter to the Departments of Justice and Homeland Security that ICE agents “appear to be stalking undocumented immigrants in our courthouses to make arrests.”

Terrorizing immigrants with frightful measures discourages immigrant witnesses from reporting crimes, and discourages victims from seeking legal measures and services that are meant to protect their own safety and well-being.

By March, the Los Angeles Police Department had seen a 25 percent drop in the number of Latinos reporting sexual assault and a 10 percent decrease in Latinos’ reports of domestic violence. By early April, there was a 42.8 percent drop in the number of Latinos who reported rapes to the Houston Police Department. And a health care center in Los Angeles reported a 20 percent decrease in food stamp enrollments and a 54 percent drop in enrollments for Medicaid.

The Trump administration has been arresting ― even deporting ― “Dreamers” who relied on Barack Obama’s assurances they would be protected if they came out of the shadows and provided their personal information to ICE. Dreamer Juan Manuel Montes Bojorquez is a registrant in Obama’s Deferred Action for Childhood Arrivals (DACA) program, and was the first DACA recipient to be deported. Bojorquez, who is now in Mexico, is suing the US federal government.

On January 25, 2017, Trump signed an executive order to halt federal funding to municipal governments that don’t facilitate federal immigration enforcement. Trump’s order is aimed at “sanctuary cities” that protect immigrants from deportation.

In March, Sessions threatened officials in nine jurisdictions with losing their 2016 grants if they failed to certify by June 30 that they were in compliance with a law that forbids local authorities from forcing officials to withhold information about immigration status from federal authorities.

But the majority of sanctuary policies do not cover information sharing. Most address how to handle “detainers,” where federal immigration officials request that state or local authorities continue to detain people who are eligible for release. Courts have said jurisdictions cannot be forced to honor those detainers.

Trump’s January 25 order is blocked, for now. US District Judge William H. Orrick III issued a nationwide preliminary injunction that forbids the federal government from withholding funds from municipal governments that don’t fully cooperate with immigration agents.

Orrick also ruled the federal government can’t legally force counties to hold undocumented people beyond their release dates. The judge concluded Trump’s order likely violates due process, the separation of powers doctrine, and the 10th Amendment, which prevents federal interference with state and local self-government. Only Congress can limit spending, Orrick wrote.

This is Trump’s third executive order halted by federal courts. His first and second Muslim bans are now pending in the 9th and 4th Circuit Courts of Appeals.

. . . .

After Trump nominated Sessions for attorney general, Rep. Luis Gutiérrez (D-Illinois) stated, “No senator has fought harder against the hopes and aspirations of Latinos, immigrants and people of color than Sen. Sessions.”

Indeed, no one is worse equipped to lead the Department of Justice. Sessions’ racism is prominently on display in every action he has taken during his short tenure in Trump’s cabinet.

It is critical that “we the people” continue to resist, in every way we can, the Trump-Sessions pattern and practice of injustice.

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild and deputy secretary general of the International Association of Democratic Lawyers. Her books include The United States and Torture: Interrogation, Incarceration, and Abuse; Cowboy Republic: Six Ways the Bush Gang Has Defied the Law; and Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Follow her on Twitter. Copyright Truthout. Reprinted with permission.”

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Read the entire article over on HuffPost.

So much damage in so little time. And, I’m sure the worst is yet to come. Most impressive in a depressingly negative way! Senators Liz Warren, Cory Booker, and others were right!

PWS

05-07-17

Two New Pieces From N. Rappaport: Perhaps “Lost In The Shuffle” — Trump’s Plans For An Expanded Travel Ban & “Super Expedited” Removals!

Nolan is one of the “hardest working op-ed writers”in the field! Here’s the intro to what he had to say in HuffPost about an expanded “travel ban.”

https://www.linkedin.com/redir/redirect?url=http%3A%2F%2Fwww%2Ehuffingtonpost%2Ecom%2Fentry%2F5894ed61e4b061551b3dfe64&urlhash=nmYz&_t=tracking_anet

“Too much attention is being paid to a 90-day travel ban in President Donald Trump’s Executive Order Protecting the Nation From Foreign Terrorist Entry into the United States (Order). While it is a serious matter, the temporary suspension of admitting aliens from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen into the United States is just the tip of the iceberg. Other provisions in the Order may cause much more serious consequences.

Section 3(a) of the Order directs the Secretary of the Department of Homeland Security (DHS), in consultation with the Secretary of the Department of State (DOS) and the Director of National Intelligence, to determine what information is needed “from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.” This applies to all countries, not just the seven that are subject to the 90-day suspension.

Those officials have 30 days from the date of the Order to report their “determination of the information needed for adjudications and a list of countries that do not provide adequate information (emphasis supplied).”

Section 3(d) directs the Secretary of State to “request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.” Section 3(e) explains the consequences of failing to comply with this request. Note that this also applies to all countries, not just the seven that are subject to the 90-day delay.

(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, …) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs (emphasis supplied).

This is far more serious than the 90-day ban on immigration from the seven designated countries. With some exceptions, President Trump is going to stop immigration from every country in the world that refuses to provide the requested information. And this ban will continue until compliance occurs.

Does the President have the authority to do this? Yes, he does. The main source of the president’s authority to declare such suspensions can been found in section 212(f) of the Immigration and Nationality Act, the pertinent part of which reads as follows:

(f) Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

The Order permits the Secretaries of DOS and DHS to waive the restrictions on a case-by-case basis when it is in the national interest.

DHS Secretary John Kelly has applied this waiver to the entry of lawful permanent residents. In a statement released on January 29, 2017, he says, “absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.”

The ACLU Executive Director, Anthony D. Romero, claims that the Order is “a Muslim ban wrapped in a paper-thin national security rationale.”

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I understand Nolan’s point that President Trump could be within his rights to invoke the travel ban.  Nevertheless, in a recent blog on this site, former State Department visa officer Jeff Gorsky pointed out that historically the section 212(f) sanction of suspension of visa issuance has been used in a very narrow and focused manner. http://wp.me/p8eeJm-Hr

The prospect of large-scale visa suspensions in the current context also seems like unusual policy to me. Let’s take the most obvious example: Iran, a country with which we have famously strained relations.

Why would Iran want to provide us with any useful information about its nationals? And, if they did, why would we trust it?

For example, if there is a real “Iranian spy” out there I’m sure the Iranian Government will give him or her a “clean bill of health.” On the flip side, if there are some Iranian democracy advocates who are annoying to the Iranian Government but want to travel to the U.S., Iran would likely plant false information to make us believe they were “terrorists.

Hopefully, in Iranian visa cases we are getting our “vetting” information largely from sources other than the Iranian Government. Consequently, like so many of the Trump Administration’s actions, it is hard to take a threat to ban visa issuance as a serious effort to protect national security. It’s likely that national security is just a “smokescreen” for other possible motives. Who knows?

I’m incurred to think that if Trump decides to “go big” with 212(f) visa suspensions, at least some lower Federal Courts are likely to adopt the “Gorsky view” that “he can’t do that.”

You should read Nolan’s complete article in HuffPost at the above link!

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Next, Nolan writes about the Administration’s “expedited removal campaign” in The Hill:

http://thehill.com/blogs/pundits-blog/immigration/332110-on-illegal-immigration-trump-puts-an-end-to-obamas-home-free

As of the end of January 2017, the immigrant court’s backlog was 542,411 cases.  Even if no additional cases are filed, it would take the court two-and-a-half years to catch up with its backlog.

President Trump finessed his way around this problem by expanding the use of expedited removal proceedings with his Executive Order, Border Security and Immigration Enforcement Improvements.

In expedited removal proceedings, which are conducted by immigration officers, an alien who lacks proper documentation or has committed fraud or a willful misrepresentation to enter the country, will be deported without a hearing before an immigration judge, unless he requests an asylum hearing.

 

Asylum hearings, which are conducted by immigration judges, are available to aliens who establish a credible fear of persecution.  An asylum officer determines whether the alien has a credible fear of persecution.

The alien cannot have assistance from an attorney in these proceedings, and, because detention is mandatory, his ability to gather evidence in support of his case is severely restricted.

Moreover, Section 208(a)(2)(B) of the Immigration and Nationality Act (INA) limits asylum to aliens who have been in the United States for less than a year (with some exceptions).

If the asylum officer rejects the credible fear claim, the alien can request an expedited review of his credible fear case by an immigration judge, which usually is held within 24 hours but in no case later than seven days after the adverse credible fear determination.

Federal court review is available, but it is restricted to cases in which the alien makes a sufficient claim to being a United States citizen, to having lawful permanent resident status, or to having been admitted previously as a refugee or an asylee.

A federal judge recently held that asylum denials in expedited removal proceedings are not reviewable in federal court and the Supreme Court let the decision stand.

Previous administrations limited expedited removal proceedings to aliens at the border and aliens who had entered without inspection but were apprehended no more than 100 miles from the border after spending less than 14 days in the country.

The Executive Order expands expedited removal proceedings to the full extent of the law. Section 235(b)(1)(A)(iii)(ll) of the INA authorizes expedited removal proceedings for aliens who have been physically present in the United States for up to two years.

It is likely to be very difficult for aliens to establish physical presence of more than two years, and if they do, they will be faced with the one year deadline for asylum applications, which in many cases is the only form of relief available to an undocumented alien.

President Trump will be able to use expedited removal proceedings to deport millions of undocumented aliens without hearings before an immigration judge.

The only way to stop him is to find a way to work with him on a comprehensive immigration reform bill that meets the political needs of both parties, and time is running out.”

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I’m all for comprehensive immigration reform. But, if it doesn’t happen, I’m not so sure that Trump, Sessions & Co. won’t “push the envelope” on expedited removal to the point where  the Supremes “just say no.” After all, even noted conservative chief Justice John Roberts seemed unenthusiastic about giving the DHS total prosecutorial discretion in a recent citizenship case. See this earlier blog: http://wp.me/p8eeJm-Lv.

PWS

05-076-17

LA TIMES: Immigration Courts Not Only “Broken Piece” Of Trump’s Removal Regime — DHS Can’t Keep Up With Removals Even Now! — “Haste Makes Waste” Rush To Hire More Agents Likely To Dilute Standards, Threaten National Security!” — New IG Report Blasts Current Practices!

http://www.latimes.com/politics/la-na-pol-ice-oig-20170420-story.html

Joseph Tanfani reports:

U.S. Immigration and Customs Enforcement, hampered by poor organization and an overworked staff, will have trouble keeping up with the Trump administration’s plans to ramp up deportations of people in the country illegally, government inspectors have concluded.

ICE has “overwhelming caseloads,” its records are “likely inaccurate” and its deportation policies and procedures “are outdated and unclear,” said a report released Thursday by the inspector general of the Homeland Security Department.

“ICE is almost certainly not deporting all the aliens who could be deported and will likely not be able to keep up with the growing number of deportable aliens,” the 19-page report concludes.

The harsh assessment is the latest dash of cold reality for Trump, who was swept into Washington promising vastly tougher enforcement of immigration laws, including more removals, thousands more Border Patrol agents and deportation officers, and construction of a formidable wall on the U.S.-Mexico border.

“Send Lawyers, Guns, and Money . . . .” — But, Bipartisan Legalization Is What Undocumented Residents REALLY Need, Says N. Rappaport in THE HILL!

Quote from “Lawyers, Guns and Money,” by Warren Zevon, check it out here: http://www.lyricsmode.com/lyrics/w/warren_zevon/lawyers_guns_and_money.html

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http://thehill.com/blogs/pundits-blog/immigration/329310-noncriminal-immigrants-facing-deportation-need-legalization

Nolan writes in a recent op-ed from The Hill:

“The absence of due process protections is permissible because IIRIA “clarified” that aliens who are in the United States without inspection are deemed to be “arriving.” In other words, they are not entitled to the rights enjoyed by aliens who have been admitted to the United States because, technically, they are not in the United States. This legal fiction has been accepted now for more than 20 years.

Previous administrations arbitrarily have limited expedited removal proceedings to aliens at the border and aliens who entered without inspection and were apprehended no more than 100 miles from the border after spending less than 14 days in the country.

But Section 235(b)(1)(A)(iii)(ll) of the Immigration and Nationality Act (INA) authorizes expedited removal proceedings for any alien “who has not been admitted or paroled into the United States, and who has not affirmatively shown, to the satisfaction of an immigration officer, that the alien has been physically present in the United States continuously for the 2-year period immediately prior to the date of the determination of inadmissibility.”

President Trump can use expedited removal proceedings to deport millions of noncriminal aliens without hearings before an immigration judge or the right to appeal removal orders to the Board of Immigration Appeals.

The only way to stop him is to find a way to work with him on a comprehensive immigration reform bill that includes a legalization program. And time is running out.

The Trump administration is quickly identifying ways to assemble the nationwide deportation force that President Trump promised on the campaign trail.

Preparations are being made for U.S. Customs and Border Protection (CBP) to hire 5,000 new officers and for U.S. Immigration and Customs Enforcement (ICE) to hire an additional 10,000. Also, ICE has identified 27 potential locations that could increase its detention space by 21,000 beds, and CBP plans to expand its detention capacity by 12,500 spaces.

But it is not too late to work on a deal that would meet the essential political needs of both parties … yet.”

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Go over to The Hill at the link to read Nolan’s complete op-ed.

I agree with Nolan that given the huge backlogs in the U.S. Immigration Courts, the Administration will use every device at its disposal to avoid the Immigration Courts and completely eliminate due process protections for as many individuals as possible. Moreover, as I have pointed out in a recent blog, to date the Article III Courts have been willing to turn a blind eye to the rather obvious due process and statutory issues involved in expedited removal. See http://wp.me/p8eeJm-IG.

To state the obvious: “Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum” is meaningless without a fair opportunity to be heard on the asylum application before an impartial adjudicator, with a meaningful opportunity to present evidence, and represented by counsel of one’s choice. And, the idea that individuals who have spent months in detention in the U.S. aren’t entitled to “due process” in connection with their asylum applications (which are “life or death” applications) is facially absurd.

Yeah, I know that the Third Circuit in Castro v. DHS spent the whole decision on a turgidly opaque discussion of jurisdiction and and “suspension of habeas.” Surprising how folks living in the “ivory tower” with lifetime job security can sometimes drain all of the humanity out of “real life” tragedies.

But, frankly, in four decades of being a “highly interested observer” of immigration litigation, I’ve never seen an Article III Court, including the Supremes, be deterred from running over supposed statutory limitations on judicial review when motivated to do so. Perhaps it will take some Federal Judge’s nanny, maid, gardener, driver, handyman, neighbor, fellow church member, student, or in-law being swept up in the new “DHS dragnet” to “motivate” the courts here.

In the meantime, as pointed out to me by Nolan in a different conversation, there is some hope for due process in the Third Circuit’s dictum in Castro. In “footnote 13,” the court actually indicates that there might be a “constitutional break point” for review of expedited removal:

“Of course, even though our construction of § 1252 means that courts in the future will almost certainly lack statutory jurisdiction to review claims that the government has committed even more egregious violations of the expedited removal statute than those alleged by Petitioners, this does not necessarily mean that all aliens wishing to raise such claims will be without a remedy. For instance, consider the case of an alien who has been living continuously for several years in the United States before being ordered removed under § 1225(b)(1). Even though the statute would prevent him from seeking judicial review of a claim, say, that he was never granted a credible fear interview, under our analysis of the Suspension Clause below, the statute could very well be unconstitutional as applied to him (though we by no means undertake to so hold in this opinion). Suffice it to say, at least some of the arguably troubling implications of our reading of § 1252 may be tempered by the Constitution’s requirement that habeas review be available in some circumstances and for some people.”

I suspect that the Administration eventually will push expedited removal and credible fear denials to the point where there will be some meaningful judicial review. But, lots of folks rights are likely to be trampled upon before we reach that point.

Nolan’s suggestion for a bipartisan legislative solution certainly seems reasonable and highly appropriate from the viewpoint of both sides. The Administration is about to invest lots of resources and credibility in a “war to deport or intimidate just about everybody” that it is likely to lose in the long run. But, advocates are likely to be bleeding resources and losing individual battles for some time before the tide eventually turns, if it ever does. Anything that depends on litigation as the solution has many risks and unpredictable outcomes that might leave both sides unsatisfied with the results.

Sadly, nobody in the Administration seems interested in solving this issue. The policy appears to be driven by Attorney General Jeff Sessions, a lifelong opponent of immigration reform who seldom if ever has a kind word to say about any immigrant, legal or undocumented.

Secretary Kelly has become “Sessions’s Parrot,” apparently devoid of any original or constructive thoughts on the subject of immigration. In particular, his recent “put up or shut up” outburst directed at Congressional Democrats who sought some meaningful oversight and clarification of his enforcement policies did not seem to be an entree for better dialogue.

Although there almost certainly is a majority of Democrats and Republicans in favor of reasonable immigration reform, which the majority of the country would also like to see, leadership of both parties seems fairly discombobulated. There seems to be “zero interest” in putting together a legislative coalition consisting of Democrats and a minority of Republicans to get anything done. And, even if such a coalition were to coalesce, President Trump likely would veto any constructive result in the area of immigration.

As I’ve pointed out before, there are a number of reasons why folks don’t always act in their best interests or the best interests of the country. But, I appreciate Nolan’s efforts to promote “thinking beyond conflict.” I want to think that it can come to fruition.

PWS

04-20-17

 

DEPORTATION EXPRESS: U.S. Courts Appear Ready To “Green Light” Summary Removal Of Asylum Seekers Without Regard To Due Process — Advocates Striking Out In Attempts To Get Meaningful Judicial Review Of Expedited Removal — Trump Administration’s Plans To Expand Expedited Removal Likely To Deny Thousands Day In Court!

http://www.cnn.com/2017/04/17/politics/supreme-court-castro-expedited-removal/index.html

By Ariane de Vogue, CNN Supreme Court Reporter  writes:

“(CNN)The Supreme Court on Monday left in place a lower court opinion rejecting claims by undocumented Central American women and children — who were apprehended immediately after arriving in the country without authorization — seeking asylum.

Lawyers for the families sought to challenge their expedited removal proceedings in federal court arguing they face gender-based violence at home, but a Philadelphia-based federal appeals court held that they have no right to judicial review of such claims.
The court’s action means the government can continue to deny asylum seekers placed in expedited removal a chance to have their cases heard by federal court.
Justice Neil Gorsuch, who has his first full week on the court starting Monday, did not participate in the decision.
The case, initially brought under the Obama administration, comes as the Trump administration has vowed to more strictly enforce immigration laws.
Originally, 28 mothers and their children entered the US border in Texas in late 2015. They were immediately placed in expedited removal proceedings. Represented by the American Civil Liberties Union, they argue they suffered “gender-based violence, including sexual assault, by men from whom they could not escape” and that they were targeted by gangs because “they are single women residing without a male household member to protect them.” They sought to challenge their removal proceedings in federal court, arguing that they did not receive substantive procedural rights to which they were entitled.
A federal appeals court ruled against the petitioners, arguing that Congress could deny review for those who have been denied initial entry into the country who were apprehended close to the border. The court essentially treated the petitioners as equal to those who arrived at the border but had not yet entered.
“We conclude that Congress may, consonant with the Constitution, deny habeas review in federal court of claims relating to an alien’s application for admission to the country, at least as to aliens who have been denied initial entry or who, like Petitioners, were apprehended very near the border and, essentially, immediately after surreptitious entry into the country,” wrote the majority of the Third Circuit Court of Appeals.
****************************************
Here’s a link to the Third Circuit’s decision in Castro v. DHShttp://www2.ca3.uscourts.gov/opinarch/161339p.pdf
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This could be the real “sleeper” in the Trump Administration’s “get tough” immigration enforcement plan. Given the 540,000+ backlog in the U.S. Immigration Courts, the Administration appears to be looking for ways to circumvent the court process entirely wherever possible.
DHS could easily change the existing regulations to “max out” so called “Expedited Removal” by DHS enforcement officers by applying it to everyone unable to establish at least two years’ continuous residence in the U.S. (Currently, the cutoff is 14 days if apprehended within 100 miles of the border.)
Even individuals who meet the two-year requirement could be subsumed in the Expedited Removal regime. Without a right to be represented by counsel, to have a full hearing before an impartial decision maker, and to appeal to the Article III Federal Courts, an individual wrongly placed in the expedited process would have little chance of avoiding summary removal without a chance to apply for relief that might be available before the Immigration Court.
While the Supreme Court’s refusal to grant certiorari in Castro is not a decision on the merits, to date no circuit has ruled in favor of the claimants. Unless and until that happens, it is unlikely that the Supremes will even consider the advocates’ arguments for at least some degree of judicial review of Expedited Removal.
PWS
04-17-17

“GONZO-APOCALYPTO:” The Ominous Cloud Hanging Over American Justice — In Good Friday Editorials, Both NYT & WashPost Blast Sessions’s Dark, Distorted, “Gonzo-Apocalypto” Vision Of America!

First, the Washington Post ripped Sessions’s “embarrassing” withdrawal of support from African Americans and other minorities challenging the State of Texas’s scheme to disenfranchise them. A Federal Judge has twice found in favor of the plaintiffs — once with the DOJ’s support and once without!

“BLASTING “A PATTERN of conduct unexplainable on nonracial grounds, to suppress minority voting,” U.S. District Court Judge Nelva Gonzales Ramos on Monday repudiated Texas’s voter-ID law, the strictest in the country. Asked by appeals court judges to reconsider her expansive 2014 ruling against the law using slightly different evidence, Ms. Ramos reaffirmed her previous determination that “the law places a substantial burden on the right to vote, which is hardly offset by Texas’s claimed benefits to voting integrity.” She found that racial discrimination was at least a partial motivation for the law, a step toward reestablishing federal supervision over Texas’s voting procedures, per the Voting Rights Act.

Given the ruling and the mountain of evidence, it is embarrassing that the Trump Justice Department dropped its support for the contention that the Texas voter law is purposely discriminatory.

The legal question is not close. “There has been a clear and disturbing pattern of discrimination in the name of combating voter fraud,” Ms. Ramos wrote in 2014. The only type of fraud the law could combat — voter impersonation — hardly ever happens. Meanwhile, the law’s backers knew it would disproportionately impact minority voters; in fact, they designed it so. “The Texas Legislature accepted amendments that would broaden Anglo voting and rejected amendments that would broaden minority voting,” Ms. Ramos found in her 2014 examination. Texas accepts relatively few forms of identification at the polls, and those it does accept, such as gun licenses, are those white Texans tend to hold. Unlike many voter-ID states, Texas does not relax ID rules much for the elderly or the indigent, though obtaining an accepted ID can be surprisingly time-consuming and expensive.”

Read the complete editorial here: https://www.washingtonpost.com/opinions/its-time-for-the-justice-department-to-disown-texass-discriminatory-voting-law/2017/04/13/ee63a0e0-1ef7-11e7-ad74-3a742a6e93a7_story.html

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Meanwhile, A NY Times editorial slammed Session’s disingenuous plan to make immigrants the “#1 target” of law enforcement in the “Trump era.” The emphasis is mine.

Here’s the full editorial:

Attorney General Jeff Sessions went to the border in Arizona on Tuesday and declared it a hellscape, a “ground zero” of death and violence where Americans must “take our stand” against a tide of evil flooding up from Mexico.

It was familiar Sessions-speak, about drug cartels and “transnational gangs” poisoning and raping and chopping off heads, things he said for years on the Senate floor as the gentleman from Alabama. But with a big difference:  Now he controls the machinery of federal law enforcement, and his gonzo-apocalypto vision of immigration suddenly has force and weight behind it, from the officers and prosecutors and judges who answer to him.

When Mr. Sessions got to the part about the “criminal aliens and the coyotes and the document forgers” overthrowing our immigration system, the American flag behind him had clearly heard enough — it leaned back and fell over as if in a stupor. An agent rushed to rescue it, and stood there for the rest of the speech: a human flag stand and metaphor. A guy with a uniform and gun, wrapped in Old Glory, helping to give the Trump administration’s nativist policies a patriotic sheen.

It was in the details of Mr. Sessions’s oratory that his game was exposed. He talked of cities and suburbs as immigrant-afflicted “war zones,” but the crackdown he seeks focuses overwhelmingly on nonviolent offenses, the document fraud and unauthorized entry and other misdeeds that implicate many people who fit no sane definition of brutal criminal or threat to the homeland.

The problem with Mr. Sessions’s turbocharging of the Justice Department’s efforts against what he paints as machete-wielding “depravity” is how grossly it distorts the bigger picture. It reflects his long fixation — shared by his boss, President Trump — on immigration not as an often unruly, essentially salutary force in American history, but as a dire threat. It denies the existence of millions of people who are a force for good, economic mainstays and community assets, less prone to crime than the native-born — workers, parents, children, neighbors and, above all, human beings deserving of dignity and fair treatment under the law.

Mr. Sessions is ordering his prosecutors to make immigration a priority, to consider prosecution in any case involving “transportation and harboring of aliens” and to consider felony charges for an extended menu of offenses, like trying to re-enter after deportation, “aggravated identity theft” and fraudulent marriage.

He said the government was now detaining every adult stopped at the border, and vowed to “surge” the supply of immigration judges, to increase the flow of unauthorized immigrants through the courts and out of the country. He has ordered all 94 United States attorney’s offices to designate “border security coordinators,” no matter how far from “ground zero” they are.

Mr. Sessions and the administration are being led by their bleak vision to the dark side of the law. The pieces are falling into place for the indiscriminate “deportation force” that the president promised. Mr. Sessions and the homeland security secretary, John Kelly, have attacked cities and states that decline to participate in the crackdown. Mr. Sessions has threatened these “sanctuary” locales with loss of criminal-justice funding, on the false assertion that they are defying the law. (In fact, “sanctuary” cities are upholding law and order. They recognize that enlisting state and local law enforcement for deportation undermines community trust, local policing and public safety.)

Mr. Kelly recently told a Senate committee that all unauthorized immigrants are now potential targets for arrest and deportation. And so an administration that talks about machete-waving narco killers is also busily trying to deport people like Maribel Trujillo-Diaz, of Fairfield, Ohio, the mother of four citizen children, who has no criminal record.

“Be forewarned,” Mr. Sessions said in Arizona. “This is a new era. This is the Trump era.”

Let’s talk about this era. It’s an era when the illegal border flow, particularly from Mexico, has been falling for 20 years. When many of those arriving from Central America immediately surrender to border agents — having fled to the United States to find safety, not to do it harm. When American border cities enjoy safety and vitality, thanks to immigrants. When a large portion of the unauthorized population has lived here for years, if not decades, with clean records and strong roots. When polls show that Americans back reasonable and humane immigration policies giving millions a chance to get right with the law.

President Trump has shown his mind to be a place where ideas and principles can morph without warning or explanation. It is a vacuum that allows ideologues like Mr. Sessions — who know their minds — to do their worst. On immigration, that is a frightening thing to contemplate.

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

“Gonzo-Apocalypto” has to be the “word of the day.” What a perfect term to describe Jeff Sessions.

In a grotesque display of disingenuous hypocrisy, Sessions referred to “drug cartels and ‘transnational gangs’ poisoning and raping and chopping off heads.” These are exactly the things causing scared, defenseless women and children to flee for their lives from the Northern Triangle and seek refuge in the U.S. But, instead of refuge they find: well, Jeff Sessions, Donald Trump, Steve Bannon, Stephen Miller, Gen. John Kelly and others anxious to stomp out their humanity in the false name of “law enforcement.”

Turning to civil rights, I watched on the TV news last night two clips of brutal beatings and stompings of African Americans by white police officers. One victim was accused of “jaywalking”  — that’s right, “jaywalking.” The other was “driving without a license plate.” I was wondering how, after all the recent publicity, those officers could have engaged in such conduct, “on camera” no less.

Unfortunately, the answer is pretty simple “Black Lives Don’t Matter,” an attitude that obviously has just become instinctive for too many U.S. police officers. I couldn’t imagine a white pedestrian or a white motorist being treated that way in our multi-racial but predominantly white neighborhood.

Yes, the officers involved were disciplined. I believe that most or all of them were either fired, prosecuted, or both. But, that’s not the point!

The object is to prevent misuse of force by police, not to fire, prosecute, or otherwise discipline more policemen. And, prevention without compromising effectiveness of policing is exactly what the carefully crafted “consent decrees” with some problematic cities developed by the Civil Rights Division under AGs Loretta Lynch and Eric Holder achieved.

Those are the very decrees that Sessions immediately announced an intent to “review” with an obvious eye toward withdrawing or undermining them. Look at the childish behavior in the U.S. District Court in Baltimore, MD, when DOJ attorneys, acting on Sessions’s behalf, withdrew their support from the consent decree and basically refused to participate in a long-scheduled public hearing. Fortunately, the judge has the good sense to go ahead and approve and finalize the consent decree without any participation by DOJ, leading to even more childish whining from Sessions about the horrors of infringing on local law enforcement in the name of African American citizen’s constitutional rights.

The very public “green light” that Sessions has given to law enforcement to run over citizen’s rights as they please, without any fear of DOJ intervention, so long as they are “enforcing the law” — like busting jaywalkers, license plate violators, and presumably undocumented aliens — no doubt plays a role in the continuing anti-minority policing being conducted by some law enforcement agencies.

Sessions “bristles” when anyone uses the term “racist” to describe him. Sessions was given a chance to make good on his (obviously false) promise during his confirmation hearings to turn over a new leaf and look at the responsibilities of being Attorney General for all Americans differently from representing Alabama in the U.S. Senate.

Unfortunately,  his actions have proved that all of the charges his detractors made against him are as true now as they were when he was, quite properly, denied a U.S. judgeship many decades ago. If the shoe fits, wear it. And, sadly, this “shoe” fits Sessions “like a glove.” Liz was “right on.”

Finally, DHS Secretary John Kelly will see his distinguished career in public service end in ignomany if he continues “toadying up” to the ethno-nationalist views of the Sessions-Bannon-Miller crowd on immigration enforcement. Most of the arrests, deportations, detentions, denials of asylum, and removals Sessions is touting in his haste to become the new “Immigration Czar,” actually are within the jurisdiction of DHS. But, these days, you’d hardly know that Sessions isn’t in charge of DHS enforcement as well as Justice. If Kelly isn’t careful, he’s going to develop a neck injury from constantly nodding his head to every absurd “gonzo-apocalypto” immigration enforcement initiative announced by Sessions.

PWS

04-14-17

REUTERS: Has Trump Won The Border War Without Firing A Shot? — Is Discouraging Women & Children Threatened In The Northern Triangle From Seeking Refuge In The U.S. Something Of Which We Should be Proud?

http://www.reuters.com/article/us-usa-immigration-mothers-insight-idUSKBN17F23M?feedType=RSS&feedName=topNews&utm_source=twitter&utm_medium=Social

Julia Edwards Ainsley reports:

“President Donald Trump has won the first major battle in his war on illegal immigration, and he did it without building his wall.

The victory was announced last week by the Department of Homeland Security (DHS), which released figures showing a 93 percent drop since December of parents and children caught trying to cross the Mexico border illegally.

In December, 16,000 parents and children were apprehended; in March, a month in which immigration typically increases because of temperate weather, the number was just over 1,100.

It was a remarkable decline – steeper than the 72 percent drop in overall apprehensions – but for eight DHS officials interviewed by Reuters it was not surprising.

Trump has spoken about the need to crack down broadly on all illegal immigrants. But, internally, according to the DHS officials familiar with the department’s strategy, his administration has focused on one immigrant group more than others: women with children, the fastest growing demographic of illegal immigrants. This planning has not been previously reported.

In the months since Trump’s inauguration, DHS has rolled out a range of policies aimed at discouraging women from attempting to cross the border, including tougher initial hurdles for asylum claims and the threat of prosecuting parents if they hire smugglers to get their families across the border.

The department has also floated proposals such as separating women and children at the border.

DHS Secretary John Kelly told a Senate hearing on April 5 that the sharp drop in illegal immigration, especially among women and children, was due to Trump’s tough policies.

To date, it has been the threat of new policies rather than their implementation that has suppressed family migration.

Mothers and children aren’t being separated – and DHS has shelved the plan; parents haven’t been prosecuted, and there is no wall along most of the border. Yet the number of migrants trying to cross – especially women and children – has dropped drastically.

Asked to comment on the policy of targeting women with children, DHS spokesman Jonathan Hoffman referenced the March drop, saying, “Those were 15,000 women and children who did not put themselves at risk of death and assault from smugglers to make the trip north.”

The White House declined to comment and referred Reuters to DHS.

For months, Central Americans had heard about Trump’s get-tough policies. And public service announcements on radio and television presented bleak pictures of what awaited those who traveled north. Some of the ads were funded by the United States, others by United Nations agencies and regional governments.

One radio ad in Honduras featured a mother, saying, “It’s been a year and I don’t know if she is alive or dead. I’d do anything to have her here with me. Curse the day I sent her north.”

The possibility that mothers and children might be separated at the border caused particular alarm, Honduran Deputy Foreign Minister Maria Andrea Matamoros told Reuters

“That worries any mother that wants to go to the United States with their kid, and being separated drastically changes their plans,” she said.

. . . .

After Kelly’s confirmation as Homeland Security chief in late January, several members of the original working group stepped into key roles at DHS. Gene Hamilton, who had worked for then Republican Senator Jeff Sessions, became senior counselor to Kelly, and Dimple Shah, who had been staff director of the House National Security Subcommittee, became deputy general counsel.

Kathy Nuebel-Kovarik, formerly a staffer for Republican Senator Chuck Grassley, became policy chief at U.S. Citizenship and Immigration Services. Julie Kirchner left her position as executive director of the conservative Federation for American Immigration Reform to become a top policy adviser at U.S. Customs and Border Protection.

None of the group’s members agreed to be interviewed by Reuters. Several DHS officials said that in their new roles they continued to focus on the issue of women and child migrants. Soon, they had the bare bones of a plan: Since the court ruling on children was an obstacle to prolonged detention, why not separate them from their mothers, sending children into foster care or protective federal custody while their mothers remained in detention centers, the two DHS officials and congressional aide said.

The group also advocated two other policies directly affecting mothers and children: raising the bar for asylum and prosecuting parents as human traffickers if they hired human smugglers.

The thinking was that “if they can just implement tough policies for eight weeks – or even threaten to do that – they would see the numbers of families crossing just plummet,” said one DHS official familiar with the planning.

. . . .

When Kelly and his advisers saw the numbers dropping, they announced they were shelving the idea of separating women and children – at least for now.

Asked whether it may be revived, DHS spokeswoman Jenny Burke said, “Families caught crossing the border illegally, generally will not be separated unless the situation at the time requires it.”

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

Time will tell if this really solves the “Southern Border Problem.” It would be interesting to see a study of the fate of the individuals who stayed in the Northern Triangle after hearing the “stay home, we don’t want you” message.

This “gang of eight” working group sounds like they have the “right stuff” to go far in the Trump-Sessions regime. And, their solution was probably cheaper than the “high seas interdiction” program developed and used by prior Administrations to prevent asylum seekers from reaching the United States and asserting their legal rights under U.S. and international law.

I wake up every morning thankful that 1) I woke up, and 2) I’m not a refugee. Wonder if any of the “gang of eight” have ever thought of what it would be like to be a refugee in the world they are creating? But, I suppose that at a certain level of intellectual arrogance, folks don’t think that they will ever have to rely on the the humanity and decency of others to survive. The bad news: that’s not always a correct assumption, and sometimes folks reap what they sow.

PWS

04-13-17

 

 

CNN: Border Busts Fall Again — Is Trump’s “Get Tough” Stance On Immigration Working? Many Think So!

http://www.cnn.com/2017/04/04/politics/border-crossings-drop-continue/index.html

Tal Kopan and David Shortell report:

“Washington (CNN)–Apprehensions at the southern border continue to fall dramatically, according to new numbers from Customs and Border Protection — a drop that experts attribute to President Donald Trump’s aggressive immigration enforcement policies.

There were roughly 12,000 total apprehensions at the southwest border in March, according to numbers obtained by CNN that are expected to be released this week. That represents a 35% drop from February and a 63% drop from March 2016.
In 17 years of CBP data, apprehensions had never dropped from February to March, typically rising slightly.
Former Acting Customs and Border Patrol Commissioner David Aguilar said Tuesday at a hearing in front of the Senate’s Homeland Security Committee that through the end of March, immigration officials have seen a 67% drop in illegal crossings from Mexico as compared to the same period last year.
Aguilar attributed the drop to Trump’s hardline position on immigration — a focal point of his campaign and the first few weeks of his presidency.

“This has happened before when — as it relates especially to immigration — when the US stands strong and takes certain actions,” Aguilar said. “This administration said we’re going to address illegal immigration. ICE has started working in the interior unlike other times. So that message resonates.”

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I haven’t seen anything that would rebut the case that the “get tough on enforcement” approach is reducing pressure on the border. If this approach is already working so well, why do we need to spend billions on a wall?

PWS

04/05/17

Turning Back The Hands Of Time — Sessions Seeks To Restore AG’s Lead Role In Immigration Enforcement!

https://www.washingtonpost.com/politics/seeking-central-role-on-immigration-attorney-general-jeff-sessions-plots-border-visit-to-arizona/2017/03/30/34fc8596-1550-11e7-833c-503e1f6394c9_story.html

David Nakamura and Matt Zapotosky report in the Washington Post:

“The Justice Department is seeking to play a more muscular role in the Trump administration’s immigration enforcement strategy, a move that is alarming immigrant rights advocates who fear Attorney General Jeff Sessions’s hard-line ideology could give Justice too much clout in determining policy.

To highlight the department’s expanding role, Sessions is considering making his first trip to the southern border in mid-April to Nogales, Ariz., a busy border crossing region that features a major patrol station and already has miles of fencing and walls designed to keep out illegal immigrants from Mexico. Aides emphasized that his itinerary is still being developed and the stop in Nogales — which would come as Sessions travels to a conference of state police officials from around the country 200 miles away in Litchfield Park — is still tentative.

If he follows through, the border visit would come at a time when President Trump is asking Congress for billions of dollars to begin construction on a longer and larger wall between the United States and Mexico, a central campaign promise.

In recent weeks, Sessions has taken steps to increase his department’s focus on immigration.

. . . .

But legal experts said Sessions could significantly restructure the Justice Department by ramping up the number of immigration judges sent to the border to speed up hearings and by pursuing more criminal prosecutions against immigrants in the United States beyond those associated with drug cartels and human smugglers that past administrations have focused on.

The Sessions Justice Department also could move to strip some protections from undocumented immigrants, such as how much time they have to find a lawyer; more robustly defend DHS enforcement policies that are challenged in court; and use the Office of the Special Counsel to aggressively prevent employers from discriminating against American workers by hiring undocumented workers, said Leon Fresco, a former deputy assistant attorney general in the Obama administration.

“I think they will be in­cred­ibly active,” said Fresco, who helped draft the 2013 immigration bill while serving as an aide to Sen. Charles E. Schumer (D-N.Y.). The only thing that could slow Sessions, he added, was “finding enough individuals with expertise and the willingness to speed these issues along.”

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

Prior to the creation of the Department of Homeland Security (“DHS”), the Attorney General had responsibility for nearly all aspects of domestic immigration enforcement and adjudication. Most of those functions were reassigned to the DHS, leaving the AG responsible primarily for the Immigration Courts (through the Executive Office for Immigration Review – “EOIR”) and for conducting immigration litigation in the Article III Federal Courts (through the Office of Immigration Litigation — “OIL”).

Apparently, Attorney General Sessions finds these legal roles too “passive” for his enforcement-oriented outlook. Sensing a vacuum because of his closeness to the President and DHS Secretary Kelly’s relative inexperience in immigration issues, Sessions now seeks to make, rather than just defend or adjudicate, immigration policy.

What does this say about the chances that Sessions will promote a fair and impartial administrative hearing system through the U.S. Immigration Courts and the Board of Immigration Appeals over which he exercises ultimate control.

PWS

03/31/17

WSJ: “The Wall” In Maps & Pictures

http://www.wsj.com/graphics/border-wall/

Stephanie Stamm, Renée Rigdon, and Dudley Althaus put together this outstanding illustrated article about the border wall, giving you a real life picture of what’s there now and where the most entries occur:

“President Donald Trump has promised to build a wall along the 2,000-mile U.S. border with Mexico, a project that would total $21 billion, according to an internal Department of Homeland Security estimate. Only about 650 miles of the border have some sort of fencing today, and adding to that is complicated by geography, politics, land-ownership issues and funding.
Here’s a breakdown of which Southwest border-patrol sectors have the most apprehensions—defined as an arrest of removable aliens—versus the most or least amount of fencing. It is important to note that border security is defined by more than fencing. According to Homeland Security, manpower, communication, lights and technology all aid physical barriers.

. . . .

This stretch of the border is where most migrants—including large numbers of Central Americans and other non-Mexicans—have been crossing. In many cases, people are turning themselves over to Border Patrol agents.”

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The last sentence of the above quote is worthy of some consideration. Contrary to popular notions that folks are trying to evade detection and “lose” themselves in the U.S. many, perhaps the majority, of the individuals fleeing the “Northern Triangle” of Central America turn themselves in to the Border Portal or at ports of entry and seek asylum.

I think that it is unlikely that increased detention, summary proceedings, and sophomoric warnings about the dangers of the journey (anyone seriously think that folks south of the border don’t understand the danger — come on man!) will in the long run deter those fleeing to save their lives.

However, it is possible that we eventually could convince refugees that we will mistreat them or not fairly hear their claims. In that case, they are likely to stop turning themselves in and simply invoke “self help refuge” by evading apprehension and losing themselves in the vastness of America — similar to what those crossing the border illegally have been doing for the most of the four decades that I have been involved with immigration enforcement, policy, and adjudication.

Human migration, border control. law enforcement, and refugee/asylum policy are extremely complex subjects. So far, the Trump Administration has chosen to address them in simplistic, one-dimensional ways that, to various degrees, have failed in the past and are likely to continue to do so.

PWS

03/30/17

CNN: Is Trump’s Order To Hire 5,000 More Border Agents a “10-Year Plan?”

http://www.cnn.com/2017/03/07/politics/border-agents-cbp-hiring-slow/index.html

Tal Kopan reports

“Washington (CNN) — Optimistic internal estimates say that it could still take five to 10 years for Customs and Border Protection to hire all the additional agents President Donald Trump has ordered, even if the agency gets a wish list of requests to make hiring easier, according to documents obtained by CNN.

CBP has long struggled to even keep up with attrition in its ranks, and was staffed below currently targeted levels even before the President’s January executive orders called for 5,000 more agents.
CBP’s acting commissioner spelled out a series of steps the agency would need, either from other agencies, its parent DHS or Congress, in order to hire more agents in a memo for the deputy secretary last month, according to a copy obtained by CNN.
But even those measures would only help so much, the memo makes clear.
The hurdles are just the latest practical difficulty faced by Trump’s attempts to substantially increase immigration enforcement in the US. His moves to vastly increase the number of undocumented immigrants detained and deported have rankled Democrats and spread fear in immigrant communities. In addition to his long-promised border wall, Trump has ordered a substantial increase in personnel, including the CBP surge.”

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Read the full article at the link. Let’s see, if hiring 5,000 additional Border Patrol Agents takes DHS as long as 10 years, how long will it take to hire 10,000 additional ICE Agents? 20 years? 25 years?

As Nolan Rappaport has mentioned to me, it’s critical that high standards be maintained. Not only does lowering standards and training to meet goals increase the chances of due process and human rights violations, but it could be an opportunity for corruption and for international criminal cartels and gangs to penetrate the U.S. law enforcement system.

PWS

03/08/17

CNN: Does Sudden Drop In S. Border Stops Mean Trump’s “Get Tough” Policy Is Working? Only Time Will Tell, But DHS Views News Favorably!

http://www.cnn.com/2017/03/08/politics/border-crossings-huge-drop-trump-tough-talk/index.html

Tal Kopan reports:

“Washington (CNN) Illegal Southwest border crossings were down 40% last month, according to just released Customs and Border Protection numbers — a sign that President Donald Trump’s hardline rhetoric and policies on immigration may be having a deterrent effect.

Secretary of Homeland Security John Kelly himself announced the month-to-month numbers, statistics that CBP usually quietly posts on its website without fanfare.
According to CBP data, the 40% drop in illegal Southwest border crossings from January to February is far outside normal seasonal trends. Typically, the January to February change is actually an increase of 10% to 20%.
The drop breaks a nearly 20-year trend, as CBP data going back to 2000 shows an uptick in apprehensions every February.
The number of apprehensions and inadmissible individuals presenting at the border was 18,762 people in February, down from 31,578 in January.
It will still take months to figure out if the decrease in apprehensions is an indication of a lasting Trump effect on immigration patterns. Numbers tend to decrease seasonally in the winter and increase into the spring months.
But the sharp downtick after an uptick at the end of the Obama administration could fit the narrative that it takes tough rhetoric on immigration — backed up by policy — to get word-of-mouth warnings to undocumented immigrants making the harrowing journey to the border.”

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Read the full article at the link.

PWS

03/089/17