CREEPY NEO-NAZI GOP REP STEVE KING HAS BEEN PEDDLING HIS VILE MESSAGE OF RACIAL HATRED FOR MORE THAN A DECADE — The GOP Is Belatedly Shamed Into Taking Action Against Him

https://www.washingtonpost.com/opinions/2019/01/15/king-toppled-what-now/

Jennifer Rubin writes in the Washington Post:

Steve King was toppled. But what now?

Opinion writer

January 15 at 9:45 AM

The Post reports:

A panel of Republican leaders voted unanimously Monday to keep veteran Iowa lawmaker Steve King off House committees, a firm rebuke to an influential opponent of illegal immigration who sparked outrage last week after openly questioning whether the term “white supremacist” was offensive.

House Minority Leader Kevin McCarthy (R-Calif.) said the decision by the Republican Steering Committee, which seats lawmakers on House committees, followed his own recommendation and was meant to send a message about the GOP at large.

“That is not the party of Lincoln,” he said of King’s comments. “It is definitely not American. All people are created equal in America, and we want to take a very strong stance about that.”

One is tempted to ask: Why only now? The decision was made after Democrats threatened to bring a motion of censure, and more egregiously, after years of King’s blatantly racist comments. This is a man who met with an Austrian far-right politician who had been active in neo-Nazi circles in his youth and declared that he’d be a Republican if he were an American.

Democrats still might press for further action against King. (“[House Speaker Nancy] Pelosi on Monday left open the possibility that there could be votes on multiple sanctions for King, ranging from disapproval to censure.”) Whether Democrats proceed or not, the party of Lincoln has an elephant-size problem that dwarfs King.

If King’s defense of “white nationalism” is not acceptable, why do Republicans tolerate and extol a president who declared there to be some “fine people” among neo-Nazis, called African and Caribbean nations “shithole countries,” equated Mexican immigrants with rapists, repeatedly questioned African American critics’ IQ, asserted a federal court judge of Mexican descent to be unable to perform his job, created a conspiracy to delegitimize the first African American president, started a running battle with African American athletes who kneel to protest police brutality and fails to employ any high-level African American staffer? Why do they tolerate a president who recently declared, “If Elizabeth Warren, often referred to by me as Pocahontas, did this commercial from Bighorn or Wounded Knee instead of her kitchen, with her husband dressed in full Indian garb, it would have been a smash”?

Moreover, Republicans have spent three-plus years telling us that words don’t really matter, that tweets don’t matter. If we now agree that the words of an Iowa congressman matter a great deal, they’re going to have a hard time sticking to the view that the words of the president of the United States shouldn’t be held against him.

King is a minor-league racist, a buffoon; but President Trump leads their party. Ever since he made birtherism his signature issue and rode down the gold escalator to disparage Mexicans, Republicans have rationalized or ignored his blatant racism (and we haven’t even gotten to the nonstop misogyny).

When Senate Majority Leader Mitch McConnell (R-Ky.) says of King, “I have no tolerance for such positions, and those who espouse these views are not supporters of American ideals and freedoms,” one has to ask why he tolerates Trump and undoubtedly will support his reelection. If Sen. Mitt Romney (R-Utah) agrees that King should resign, surely he should say the same of Trump, whose words carry far more weight and who defines Romney’s party.

Republicans should have disowned Trump long ago. The good news: There is still time. No elected Republican should support Trump’s reelection for the very same reason that they belatedly took action against King. A major political party should not stand by racists.

Republicans have to decide once and for all whether they want to be the party of white grievance and racist dog-whistles and bullhorns. So long as they stand with Trump and accept the support of racists, they cannot seriously claim to be the party of Lincoln. And if it’s not the party of Lincoln, why exactly do we need a Republican Party?

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

King has the public persona of a dead eel, and represents a politically insignificant rural district. By contrast, Donald Trump is a media megastar and holds the office of President. Otherwise, there is little difference between them as racist provocateurs.

Trump basically took King’s message, effectively changed “Make America White Again” to “Make America Great Again,” and mass marketed it to a racially motivated base in locations strategically calculated to enable him to achieve electoral success with a minority of the votes.

So, why did the GOP act now? Well, one reason could be the harsh criticism that African-American GOP Senator Tim Scott of South Carolina directed at King. Scott is a rarity in today’s GOP: a person of color who matters. Unlike King, Scott is politically critical to the GOP with a narrow 53-47 majority in the Senate. Indeed, Scott recently teamed up with the Dems and several of his more moderate GOP colleagues to defeat one of Trump’s most blatantly racist judicial candidates. So, he’s not someone GOP Congressional leadership wants to mess with (particularly since Scott is otherwise willing to mindlessly line up with Trump on measures that disproportionately harm minorities in addition to being bad for the majority of Americans).

Also, King’s “foot in mouth” style keeps reminding Americans of the seamy side of Trump’s political support at inopportune times. While the GOP these days is always happy to play the “race card” when convenient and necessary, they would much prefer that it be played by Trump to rev up his base and get out the vote than by a minor and politically unappealing figure like King.

King’s demise is long overdue good news for America. But, I would neither give the GOP much credit nor expect them to take any action against the chief purveyor of lies, false narratives, and racial hatred in their party — Trump. Rubin said it simply and eloquently: “A major political party should not stand by racists.” Is anybody out there in the GOP listening?

PWS

01-15-19

GENDER-BASED PERSECUTION OF WOMEN IN CENTRAL AMERICA IS WIDESPREAD & WELL-ESTABLISHED! — Trump Administration’s Disingenuous Refusal To Treat Them As Refugees Is Illegal & Immoral! –“Homicides will only be brought under control when we teach society that women’s lives are worth more.”

https://www.wsj.com/articles/it-is-better-not-to-have-a-daughter-here-latin-americas-violence-turns-against-women-11545237843?emailToken=5cbcc917221424825baa00c26277a3bdzdI+3vtll7KBkMM00Z6+dsoSHU6OaTUnSQQuir5waepAYBzkaUG3llg70bJ/Sf2HOx/vEO/irclDJDwOJpFXRJ2amiJz9BofjN/oVgB1wR4Meq2bA099I4KJFl6mnIF+UPdNqetFe3GINnT3AxJmN+bjIXPxZD7CpkIoH4UmAzE%3D&reflink=article_email_share

Juan Forero reports for WSJ:

Women in Latin America Are Being Murdered at Record Rates

The deadliest region for men has become perilous for women as well, especially in gang-riddled parts of Central America

  • El PLATANAR, El Salvador—Andrea Guzmán was just 17 but sensed the danger. For weeks, the chieftain of a violent gang had made advances that turned to threats when she rebuffed him.

    He responded by dispatching seven underlings dressed in black to the two-room house she shared with her family in this hamlet amid corn and bean fields. They tied up her parents and older brother, covered Andrea’s mouth and forcibly led her out into the night in her flip-flops.

    Hours later, one of her abductors fired a shot into her forehead in a field nearby. And once again, another woman had been slain, one of thousands in recent years in this violent swath of Central America, simply because of her gender.

    “It is better not to have a daughter here,” said her weeping father, José Elmer Guzmán, recounting how he had found his girl, wearing the shorts and a T-shirt she liked to sleep in, off the side of a road. “I should have left the country with my children.”

    ‘Andrea’s only sin was being beautiful,’ said Claudia Solórzano, shown holding a photo of her murdered daughter. (The Wall Street Journal chose to publish the photograph of Andrea Guzmán’s murder, at top of article, because it viscerally shows the reality of violence sweeping Latin America. Her parents provided the image and gave the Journal permission to use it.)
    ‘Andrea’s only sin was being beautiful,’ said Claudia Solórzano, shown holding a photo of her murdered daughter. (The Wall Street Journal chose to publish the photograph of Andrea Guzmán’s murder, at top of article, because it viscerally shows the reality of violence sweeping Latin America. Her parents provided the image and gave the Journal permission to use it.)

    Latin America has the highest homicide rate in the world. The region’s most-murderous corner—the so-called Northern Triangle of Central America, including El Salvador, Honduras and Guatemala—annually registers the deaths of thousands of young men who shoot, stab, bludgeon and asphyxiate each other, often in gang-related violence.

    Now, the Northern Triangle is turning deadly for women, too.

    El Salvador, a tiny country of 6 million, has seen homicides of women more than double since 2013 to 469 last year. The death rate per 100,000 women, at 13.5, is more than six times that of the U.S., with Honduras and Guatemala close behind.

    Gang violence has turbocharged the problem here, but doesn’t explain all of it. Women die disproportionately at the hands of men throughout much of Latin America. From Mexico to Brazil, episodes of lethal domestic violence are frequent staples on social media and television.

    Women in Danger

    A total of 2,559 cases of femicide were reported in Latin America and the Caribbean in 2017. Central American nations top the list of the 10 riskiest countries for women.

    *The definition of femicide varies from country to country, but at its narrowest means the intentional murder of women because they are women.

    Source: United Nations Economic Commission for Latin America and the Caribbean

    In August, Brazilians were horrified after a TV news show broadcast security camera video showing a muscle-bound young man chasing his 29-year-old wife around the underground parking lot in their building and then struggling with her in the elevator as it ascended to their fifth-floor apartment. The camera then captured her lifeless body—she had been strangled, investigators later said—falling from the apartment balcony to the street below.

    A Peruvian man poured gasoline on 22-year-old Eyvi Ágreda Marchena on a public bus in April and set her on fire. The attack so horrified the country that President Martín Vizcarra visited her in the hospital before she died in June from the burns. Her assailant admitted killing her, telling investigators she had spurned his advances.

    “She uses her looks to use men,” he said, according to authorities. “I gave her a stuffed bear and flowers last year when I saw that she was sad. But she was annoyed. She said I wasn’t her boyfriend.”

    Friends and family gather at the wake of 31-year-old Berta Hernández Arce, who was murdered in El Salvador by MS-13 gang members after refusing to pay $8,000 they were trying to extort from her and her husband. The assailants shot her 40 times in front of her 6-year-old niece.

    What amounts to a public health crisis has women of all ages living in fear, according to researchers and interviews with dozens of women in El Salvador. As elsewhere in Latin America, the challenge is enormous for an overtaxed and poorly funded judicial system that can solve only a minority of homicides, let alone effectively prosecute rapes and spousal battery cases, also endemic here.

    The ramifications are broken families and traumatized children. The violence generates migration to the U.S., with women who say they flee to save their lives increasingly filing asylum claims before American immigration judges.

    “Women are looked down upon as they grow up, making them second-class citizens,” said Silvia Juárez, a lawyer with the Organization of Salvadoran Women for Peace, which catalogs violence against women. “Homicides will only be brought under control when we teach society that women’s lives are worth more.”

    Specialists studying violent crime in Central America say the killings of women often come at the hands of their partners, and that the rise of vicious gangs has added a tragic new dimension.

    “Violence against women existed before the gangs,” said Angelica Rivas, a women’s rights lawyer. “The gangs make it worse.”

    Activists hold a candlelight protest against femicides in El Salvador on Nov. 30.
    Activists hold a candlelight protest against femicides in El Salvador on Nov. 30.

    The two gangs that operate in nearly all of El Salvador’s 262 municipalities—MS-13 and Barrio 18—treat women as little more than slaves, say law-enforcement authorities and women’s-rights advocates.

    Once an initiated gang member, or homeboy as they call themselves, takes possession of a teenage girl or young woman, she risks a beating or death if she tries to leave without permission.

    “When you have a woman, she becomes property for you, and only for you, no one else,” said Wilfredo Cabrera, who is 24 and recently left a gang.

    The safe houses the gangs use to store weaponry, cash and contraband are also used to imprison girls, some as young as 12 and 13. Gang rape is not uncommon.

    Lisseth, a slight, 21-year-old woman, cried gently as she described her life in such a house of horrors. Escaping an abusive family at 12, Lisseth said she was lured by gang members “who said they would take care of me and give the love that my family had not given me.”

    Instead, she was forcibly kept in the basement of a safe house. At one point, she recalled, 12 gang members took turns raping her. “When they wanted to use me, they’d say, ‘Come on up,’” said Lisseth, who made an escape and is now in a home that protects women who have been victims of violence.

    Lisseth, 21, poses for a portrait while in hiding from the gang MS-13 in El Salvador.
    Lisseth, 21, poses for a portrait while in hiding from the gang MS-13 in El Salvador.

    Families with girls in gang-controlled regions know they, too, can be targeted if a homeboy takes an interest. Saying “no” isn’t an option.

    The local gang overlord in Manuel Juárez’s neighborhood on the outskirts of San Salvador wanted his oldest daughter, he recounted. He warned her that if she didn’t go along with him, her family would be killed.

    “He would see her. He would touch her, kiss her wherever, in the street,” Mr. Juárez, 45, said. “He came and told me, ‘I’m going to take your girl. Do not look for her or else I will kill you.’ ” Mr. Juárez was too afraid to go to the police.

    Gang members did take his daughter, leaving her pregnant before the family was able to get her, eventually, to a new life in Spain. Now, Mr. Juárez worries about his youngest daughter, just 16, and whether one option might be to flee to the U.S. should gang members take interest.

    It’s too late for Mr. Guzmán and his wife, Claudia Solórzano. They can only recount the sense of hopelessness and anguish they felt as gang members began to notice Andrea, with her blue eyes and long black hair.

    First it was a chieftain nicknamed Thunder, who dated Andrea. But when he was jailed, the homeboy who replaced him, who went by the alias Little Spoon, wanted her for himself, said her mother, Ms. Solórzano.

    He followed Andrea. He phoned her constantly. Sometimes, he’d wave his semiautomatic handgun at her father, making clear he wouldn’t take no for an answer.

    “He’d come across, tell her, ‘Be careful. You look real good,’ ” Ms. Solórzano said. “She would say, ‘I don’t want to be the girlfriend of a gang member.’ When he sent her chocolates, she didn’t eat them.”

    Andrea seemed to sense that her life could be cut short. Ms. Solórzano said that near the end, her daughter went so far as to tell a neighbor she wanted two black roses placed on her casket.

    Prosecutor Graciela Sagastume, who heads a new unit that investigates violence against women, said attacks have been so commonplace that Salvadoran society had become inured. She said that may be changing in the wake of several high-profile killings of professional women at the hands of their partners, among them a Health Ministry doctor beaten to death by her husband in January.

    “Sadly, it took the death of a woman doctor for us to take note that the deaths of women due to domestic violence exist,” Ms. Sagastume said. “They are everyday cases.”

    The casket had to be closed at the wake of Berta Hernández Arce because her body was so badly mutilated.
    The casket had to be closed at the wake of Berta Hernández Arce because her body was so badly mutilated.

    Last year in El Salvador, 345 women became victims of what authorities classified as femicides, the killing of a woman for no other reason than her gender.

    Unlike the killings of men, women slain here usually know their killers. In more than half the cases, it was a partner, ex-partner, family member or other acquaintance, including a gang member known to the victim.

    Intentional Homicide Rate (per 100,000 people)

    Sources: Igarapé Institute (El Salvador, Honduras, Guatemala); FBI (U.S.); National Institute of Statistics and Geography (Mexico)

    Whereas men are often shot to death, women are killed with particular viciousness, according to a 2015 Salvadoran government study on femicides that noted how some victims had been tortured, had fingers cut off, been raped, tied up or burned.

    “In many cases,” the report said, “the methods used surpassed those needed to cause death.”

    Ms. Sagastume said the violence sometimes arises when men are threatened by women who challenge the traditional gender roles of Salvadoran society.

    Those factors were at play in the case of Karla Turcios, a newspaper columnist asphyxiated in April, her body left on the side of a road. Prosecutors charged her husband, Mario Huezo. He is jailed, awaiting trial and says he is innocent.

    Ms. Sagastume said various aspects of the relationship between Ms. Turcios and Mr. Huezo led investigators to conclude he bristled at her success.

    He would drive her to work and then wait in the parking lot until she finished her shift. She couldn’t spend time with co-workers or friends. He held control of her bank accounts.

    Yet, she had been the one with the salaried job. She owned the car. She paid for the couple’s daily needs. Her death came after she asked him to contribute his fair share, Ms. Sagastume said, adding, “He felt humiliated by her.”

    Mario Huezo, the accused husband of slain journalist Karla Turcios, is led away by police after a court hearing in San Salvador.
    Mario Huezo, the accused husband of slain journalist Karla Turcios, is led away by police after a court hearing in San Salvador. PHOTO: RODRIGO SURA/EPA-EFE/REX/SHUTTERSTOCK

    The Salvadoran government, with aid from the U.S., is developing courts to deal with violence against women and staffing them with specially trained prosecutors, judges and other personnel, among them psychologists, to work with victims. The number of cases of homicide processed has risen to 270 in 2017, from 130 in 2015. Convictions are still a minority of all cases but they rose from 76 in 2015 to 117 last year.

    Judge Glenda Baires said the new system, which also handles assaults and sex crimes against women, is persuading more women to denounce their assailants. “Women are now saying, ‘I’m going to say something before I get killed,’” she said.

    In a ballad popular here and elsewhere in Latin America, “Kill Them With An Overdose of Tenderness,” the singer advises an extreme response when confronting heartbreak.

    “Get a gun if you want, or buy a dagger if you prefer, and become a killer of women,” the lyrics go.

    It’s a melodic refrain sung with gusto at parties.

    More than a quarter of women in El Salvador reported being a victim of violence in their lifetime while 43% said they had suffered a sexual assault, according to a national household survey in 2017 by the country’s statistics agency.

    Women from the “La Cachada” theatre troupe perform a play about the struggles of informal street vendors in El Salvador based on their personal experiences. The troupe has delved into issues of gender-based violence both as a cathartic exercise for themselves and as a public service.
    Women from the “La Cachada” theatre troupe perform a play about the struggles of informal street vendors in El Salvador based on their personal experiences. The troupe has delved into issues of gender-based violence both as a cathartic exercise for themselves and as a public service.

    In San Salvador, Meghan López, an American expert on family violence working on her doctorate at Johns Hopkins University, is carrying out research on the impact of parenting skills on children in dangerous, poverty-stricken environments.

    She uses a research tool called the Adverse Childhood Experiences International Questionnaire, or ACE-IQ, which identifies 13 factors in young lives that can lead to problems in adulthood. Those ACEs, which include violence, sexual abuse, family dysfunction, neglect, poverty and other factors, are each assigned a point.

    Ms. López’s work is still preliminary, but she has found that parents of young children in the four communities she is examining score an average of 8, which she calls “astronomical.” In the U.S., a 4 would be considered high.

    Exposure to ACEs can alter the development of a child’s brain as well as their hormonal system, stunting the cognitive tools they need as adults to rationalize and react calmly to stressful situations, Ms. López said. That can cause the brain’s more primitive areas to overdevelop while those responsible for emotional control can be underdeveloped.

    What that means on a national scale is violence is bred from one generation to another in El Salvador, a country already buffeted by pervasive violence and the legacy of civil war in the 1980s.

    “If we don’t break the cycle of violence,” said Ms. López, “it’s not going to get better.”

    A mural painted by artist Julia Valencia on a wall in San Salvador denounces femicide.
    A mural painted by artist Julia Valencia on a wall in San Salvador denounces femicide.

    Write to Juan Forero at Juan.Forero@wsj.com

    Appeared in the December 20, 2018, print edition as ‘Latin America Turns Deadly for Women.’

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

    Go to the link above for the full article and to be able to read the charts!

    Folks, this is the Wall Street Journal, bastion of conservative thought and rhetoric, for Pete’s sake! It’s not HuffPost or Slate. And, it’s not just Latin American Countries that are guilty of devaluing the lives of women. Trump, Pence, Sessions, Kelly, Nielsen, Whitaker, Francisco, U.S. Immigration Judge Couch, some BIA Appellate Immigration Judges, EOIR Officials, DOJ Politicos, Pompeo, GOP Legislators, to name just a few dehumanize women and trash their legal rights on a regular basis by pushing a scofflaw restrictionist immigration agenda targeting people of color, particularly women and girls of color.

    “Women in [X Country]” clearly fits the three basic criteria for a “particular social group” protection under asylum and refugee law:  1) immutable/fundamental to identity; 2) particularized; 3) socially distinct. It’s not material that not all women are equally in danger. Those harmed clearly are targeted largely (sometimes entirely) because of their gender. So, there’s a clear “nexus” or “at least one central reason” as the law states. The idea pushed by Sessions and other restrictionists that countries in the Northern Triangle are “willing and able” to protect them is preposterous, as this article demonstrates.

    Also women who are activists, members of religious groups opposed to gangs, political candidates, or members of indigenous populations are targeted for political, racial, or religious reasons.

    In other words, refugee women fleeing Central America often fit squarely within “classic” refugee protection.

    Some are granted protection by conscientious and courageous U.S. Immigration Judges who simply refuse to let the anti-refugee, anti-Central-American bias of their “superiors” in the Administration influence their decisions. But, many other female refugees find themselves improperly denied (or denied any hearing at all by the Asylum Office) by those anxious to please the White Nationalist restrictionists in power, to “expedite” dockets by looking for anti-immigrant “handles” in Sessions’s skewed precedents, or actually relish their chance to release their own anti-asylum biases on women of color.

    And, in the absence of positive BIA precedents requiring grants and recognizing the truth about female refugees from Central America, justice is terribly uneven and depends largely on the “luck of the draw.” Traditionally, U.S. Immigration Judges serving in DHS Dentition Centers and at the border often have been less willing than others to recognize legitimate refugees by granting asylum. Not incidentally, those also happen to be locations where representation rates for asylum seekers are lowest.

    The treatment of these legitimate refugees by our country is a national disgrace! Recently, in Grace v. Whitaker, U.S. District Judge Emmet Sullivan (what a difference a real, truly independent judge makes) began the arduous process of exposing the legal flaws and bias in the Sessions-initiated attack on justice for vulnerable refugees from Central America.

    But, it will take much more effort, as well as a continuing outcry of public outrage, for justice to be restored to the system corrupted by Sessions and his restrictionist ilk. It’s also something that Democrats must and should address for the record during the upcoming Barr confirmation hearings.

    No more “Jeff Sessions” as Attorney General! We need a U.S. Attorney General (regardless of party) who will uphold human dignity and enforce the legal rights and privileges of everyone under our Constitution, not just the privileged. We also need an Attorney General with the confidence in and respect for our justice system to let the BIA and the Immigration Courts operate in an independent manner and set their own dockets and legal standards, free from political interference and White Nationalist restrictionist agendas.

    PWS

    12-26-18

    FORMER BORDER AGENT DECRIES “CULTURE OF DEHUMANIZATION” — “What happened to Jakelin is not an aberration, but rather the predictable outgrowth of the dehumanizing practices that define U.S. border policy. “

    http://enewspaper.latimes.com/infinity/article_share.aspx?guid=260e391c-8096-4f5b-8c8a-51ca0171aa2d

    Former USBP Agent Francisco Cantu writes in the LA Times:

    Ever since the U.S. Border Patrol admitted that Jakelin Ameí Rosmery Caal Maquin, a 7-year-old Guatemalan girl seeking asylum with her father, had died in their custody, government officials have been trying to deflect blame for her death.

    What is clear so far, according to news reports, is that Jakelin and her father turned themselves in to Border Patrol agents on Dec. 7 along with 163 other migrants in the New Mexico desert. According to a Department of Homeland Security incident report, they were screened at a remote substation and found to be in good condition. DHS cannot confirm whether Jakelin consumed food or water at the facility, but eight hours later, she became “feverish and vomiting” on a transport bus headed for the Lordsburg Border Patrol station. She was met by Border Patrol emergency medical technicians who twice revived her, recorded her temperature at 105.9 degrees and called for a helicopter to El Paso’s Providence Children’s Hospital, where she died about 27 hours later.

    The U.S. government claims Jakelin had journeyed for days through the desert without food and water and was beyond help before she was taken into custody. However, her father says he saw to it that she was eating and drinking. The president of the American Academy of Pediatrics says her death was without doubt preventable. But Department of Homeland Security Director Kirstjen Nielsen blames the victim in this “heartwrenching” story: “This family,” she said on Friday, “chose to cross illegally.”

    A Customs and Border Protection spokesman insisted to the Washington Post that “Border Patrol agents took every possible step to save the child’s life under the most trying of circumstances.” That may well be technically true. But even if individual Lordsburg agents rushed to save Jakelin’s life, it won’t erase another truth: The institutional culture of the Border Patrol regularly dismisses even the most basic needs of detained migrants.

    In early 2009, when I arrived at my first Border Patrol duty station in Arizona, I was assigned to a training unit and placed under the supervision of senior agents selected to coach newcomers like me. When I read about Jakelin’s death, I couldn’t help but recall the night our training unit first apprehended a group of migrants.

    My memories from this night are not precise. I remember the group of migrants was small, maybe eight to 10 people, all of them adult males. We picked them up in the open desert not far from the area’s lone highway, and I can no longer recall how long they had been walking or how many days they might have been without food or water.

    What I do remember with certainty is what happened at the processing center. The men had noticed that I spoke fluent Spanish and asked me for water. I went to a nearby storeroom, grabbed a case of bottled water, and was about to walk through the door to the processing room when one of my training agents blocked the way.

    What are you doing? she asked me. I told her I was bringing water to the group we brought in. They’ll be fine, she said, come join us in the computer room. But they asked for water, I said, gesturing at the door. It wouldn’t have taken more than a second for me to drop off the water.

    Her face and tone changed. Leave it, she ordered, “They’ll live.”

    As strange as it may sound, I don’t remember if I obeyed her or what I ended up doing with the water, but I never forgot the message I was given that night: Don’t dare be soft.

    Senior agents like her lamented the end of the “old patrol” when migrants weren’t so “coddled” and agents could get away with “tuning up” detainees who got out of line. Callousness toward migrants is evident even in the language agents use to refer to them: “aliens,” “illegals,” “bodies” or “toncs” (a term with disputed origins, which some say means “temporarily out of native country,” though others say it alludes to the sound of a Maglite hitting a migrant’s skull).

    As agents-in-training, we were taught to carry ourselves as hardened law enforcers and to treat migrants as lawbreakers. We were told to regard migrant requests with suspicion — if they asked for something or complained, they were likely trying to take advantage of us. We were meant to offer our captives the bare minimum and pass them on like a hot potato — field agents passed migrants to transport agents, who passed them to processing agents, who passed them to bus contractors, who passed them to sector headquarters, where they would be immediately deported or thrust into the immigration detention system.

    After more than a year of working as a field agent, I signed up for emergency medical technician training. When I was called to help, agents usually described a migrant’s situation with dismissal and annoyance: This one keeps complaining about blisters, this one claims she needs medication, this one won’t shut up about seeing a doctor. Migrants, the thinking went, always bore responsibility for their own misfortune — an attitude echoed in Nielsen’s insistence last week that Jakelin’s family “chose to cross illegally.”

    There will be an investigation into Jakelin’s death, but in broad terms its causes are clear enough: heedlessness, a lack of compassion, poor accountability at the border. Since January 2010, San Diego’s Southern Border Communities Coalition has cataloged at least 81 deaths at the hands of U.S. border agents, and since 2000, more than 6,000 have died as a result of “deterrence” policies that force migrants to cross in remote and dangerous areas, like the one Jakelin and her father passed through.

    What happened to Jakelin is not an aberration, but rather the predictable outgrowth of the dehumanizing practices that define U.S. border policy. It will not be enough to conduct an audit of the Lordsburg Border Patrol station and shuffle its hierarchy, or to increase the ranks of Border Patrol EMTs and give them pediatric training. We must demand, instead, that the entire culture of cruelty that underlies our border enforcement system be remade.

    Francisco Cantú was as an agent for the U.S. Border Patrol from 2008-12. He is the author of “The Line Becomes a River: Dispatches From the Border.”

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

    I represented the Border Patrol for a number of years at the “Legacy INS” when I was the Deputy General Counsel and Acting General Counsel. Among other things, I taught Search and Seizure Law at the Border Patrol Academy and visited a number of Border Patrol Stations. I rode along on patrol, flew in helicopters, walked the border at night, even went off the tower on a zip line during one basic training session at Ft. Polk.

    Overall, I enjoyed working with the agents. I thought they were dedicated and hard-working, doing a largely thankless job for which they received insufficient salary and credit, and overall doing it well. I learned from hearing their stories and questions based on “law in action.”

    One of the things that the late INS General Counsel “Iron Mike” Inman and I achieved was starting a “Sector Counsel” program in some of the busier sectors so that the agents could get some “on site” legal advice and assistance dealing with U.S. Attorneys and Federal Courts.

    That’s not to say that there were no “bad moments.”  I did notice an overall “lost battalion” mentality, particularly among some of the older supervisors.  Their attitude toward me and my colleagues in the Legal Program probably fluctuated with how much trouble they were in and how much they needed our help to bail them out.

    I remember one particularly tense moment visiting a station where some of the officers were under investigation for Civil Rights violations. I accepted their offer of a cup of coffee. When the agent left the room to get it, my friend and then Western Regional Counsel the late Bill Odencrantz whispered: “I wouldn’t drink that if I were you, Schmidt.”

    I also recognized that patterns of behavior were probably different when “visitors from headquarters” were there. Undoubtedly, we saw and heard what they wanted us to see and hear when we were riding in the patrol cars, flying in helicopters, or looking through surplus Vietnam era “infrared night scopes” at the folks crossing the border.  And, I do remember hearing the second of the two definitions offered by Cantu for the term “toncs.” I think it actually came up in connection with one of the internal investigations in which I was involved.

    As I judge, I tended to view the Forms I-213, “Reports of Deportable Alien,” from CBP with “healthy skepticism,” knowing the pressures and conditions under which they were prepared. I also observed over time that many of them said the same things in the same words, much like the “canned paragraphs” that my colleague the late Judge Lauri Steven Filppu used to rail against during my time at the BIA.

    As with ICE, in the future there needs to be better professional leadership and training at CBP, as well as a more focused mission. “Culture change” is critical to an effective, cost-efficient, humane, and professional immigration enforcement strategy.  However, my experience is that such “culture change,” while not impossible, is a “hard nut to crack,” even under the best of circumstances.

    It won’t be achieved simply by “messages from on high.” And, it certainly isn’t going to come under a leader who constantly sends racially charged xenophobic messages and encourages false narratives, dehumanization, and White Nationalism.

    PWS

    12-18-18

     

     

    HON. JEFFREY S. CHASE: DHS’S ARROGANT “IN YOUR FACE” APPROACH TO “PEREIRA NOTICE” CASES APPEARS TO BE BACKFIRING WITH ARTICLE IIIs — US District Judge in Nevada Latest To Find That “Pereira Defective NTAs” Gave Immigration Judge No Jurisdiction Over Removal Case!

    https://www.jeffreyschase.com/blog/2018/12/8/interpreting-pereira-a-hint-of-things-to-come

    I haven’t posted for a while.  I’ve been extremely busy, but there was something else: my response to so many recent events has been just pure anger.  Although I’ve written the occasional “cry from the heart,” I don’t want this blog to turn into the rantings of an angry old man.

    So I resume posting with a case that provides a glimmer of hope (and, hopefully, a hint of things to come?).  Last week, the U.S. Court of Appeals for the Eleventh Circuit, a court generally known for its conservatism, issued an order granting an emergency stay of removal in the case of Manuel Leonidas Duran-Ortega v. U.S. Attorney General.  As is common in such types of grants, the three-judge panel issued a decision consisting of two sentences, granting the stay, and further granting the request of interested organizations to allow them to file an amicus (“friend of the court”) brief.

    What made this decision noteworthy is that one of the judges on the panel felt the need to write a rather detailed concurring opinion.  Among the issues discussed in that opinion is the impact of the Supreme Court’s decision in Pereira v. Sessions (which I wrote about here: https://www.jeffreyschase.com/blog/2018/9/1/the-bia-vs-the-supreme-court) on Mr. Duran-Ortega’s case.  As in Pereira, the document filed by DHS with the immigration court in order to commence removal proceedings  lacked a time and date of hearing. In her concurring opinion, Judge Beverly B. Martin observed that under federal regulations, jurisdiction vests, and immigration proceedings commence, only when a proper charging document is filed.  The document filed in Mr. Duran-Ortega’s case purported to be a legal document called a Notice to Appear. But as Judge Martin noted, “The Supreme Court’s recent decision in Pereira appears to suggest, as Duran-Ortega argues, that self-described “notice to appears” issued without a time or place are not, in fact, notice to appears” within the meaning of the statute.

    Judge Martin (a former U.S. Attorney and Georgia state Assistant Attorney General) continued that the Pereira decision “emphasized” that the statute does not say that a Notice to Appear is “complete” when it contains a time and date of the hearing; rather, he quotes the Pereira decision as holding that the law defines that a document called a “Notice to Appear” must specify “at a minimum the time and date of the removal proceeding.”  The judge follows that quote with the highlight of her decision: “In other words, just as a block of wood is not a pencil if it lacks some kind of pigmented core to write with, a piece of paper is not a notice to appear absent notification of the time and place of a petitioner’s removal proceeding.”

    As this Reuters article reported (https://www.reuters.com/article/us-usa-immigration-terminations/u-s-courts-abruptly-tossed-9000-deportation-cases-heres-why-idUSKCN1MR1HK)   enough immigration judges had a similar reading of Pereira to terminate 9,000 removal cases in the two months between the Supreme Court’s decision and the issuance of a contrary ruling by the Board of Immigration Appeals, in which the BIA’s judges, out of fear of then-Attorney General Jeff Sessions, chose appeasement of their boss over their duty to reach fair and independent decisions.

    Judge Martin referenced that BIA decision, Matter of Bermudez-Cota, but stated: “This court need not defer to Bermudez-Cota if the agency’s holding is based on an unreasonable interpretation of the statutes and regulations involved, or if its holding is unambiguously foreclosed by the law…In light of Pereira and the various regulations and statutes at issue here, it may well be the case that deference is unwarranted.”

    For those readers who are not immigration practitioners, attorneys with ICE (which is part of the Department of Homeland Security) and the Office of Immigration Litigation (“OIL”) (which is part of the Department of Justice, along with the BIA) have been filing briefs opposing motions to terminate under Pereira using language best described as snarky.  A recent brief fled by OIL called the argument that proceedings commenced with a document lacking a time and date must be terminated under Pereira “an unnatural, distorted interpretation of the Supreme Court’s opinion,” and a “labored interpretation of Pereira.”  A brief recently filed by ICE called the same argument an “overbroad and unsupported expansion of Pereira [which] is unwarranted and ignores the Court’s clear and unmistakable language.”

    There is an old adage among lawyers that when the facts don’t favor your client, pound the law; when the law doesn’t favor your client, pound the facts; and when neither the law nor the facts favor your client, pound the table.  I find the tone of the government’s briefs as sampled above to be the equivalent of pounding the table. The government is claiming that to interpret the Supreme Court’s language that “a notice that lacks a time and date is not a Notice to Appear” as meaning exactly what it says is an unnatural, distorted interpretation that is labored and ignores the clear language of the Court.  The government then counters by claiming that the natural, obvious, clear interpretation is the exact opposite of what Pereira actually says.

    So although it is just the view of one judge in one circuit in the context of a concurring opinion, it nevertheless feels very good to see a circuit court judge calling out the BIA, OIL, and DHS on their coordinated nonsense.  Three U.S. district courts have already agreed with the private bar’s reading of Pereira, in U.S. v. Virgen Ponce (Eastern District of Washington); in U.S. v. Pedroza-Rocha (Western District of Texas); and just yesterday, in U.S. v. Soto-Mejia (D. Nev.). At this point, this is only cause for cautious optimism.  But as an immigration lawyer named Aaron Chenault was articulately quoted as saying in the above Reuters article, for now, Pereira (and its proper interpretation by some judges) has provided “a brief glimmer of hope, like when you are almost drowning and you get one gasp.”  Well said.

    Copyright 2018 Jeffrey S. Chase.  All rights reserved.

    REPRINTED WITH PERMISSION

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

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    UNITED STATES OF AMERICA, Plaintiff,
    v.
    RAUL SOTO-MEJIA, Defendant.

    Case No. 2:18-cr-00150-RFB-NJK

    UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

    December 6, 2018

     

    ORDER

            Before the Court is Mr. Soto-Mejia’s Motion to Dismiss [ECF No. 21] the Indictment in this case, for the reasons stated below the Court GRANTS the Motion to Dismiss.

            I. Factual Findings

            Based upon the record, including the joint stipulation of fact submitted by the parties [ECF No. 41], the Court makes the following factual findings. Mr. Soto-Mejia was encountered by immigration officials on February 7, 2018 in California. On that same day, February 7, the Department of Homeland Security issued a Notice to Appear for Removal Proceedings (NTA) against Soto-Mejia. The Notice to Appear stated that Soto-Mejia was to appear before an immigration judge on a date and time “[t]o be set” and at a place “[t]o be determined.” Soto-Mejia was personally served with the Notice to Appear at 10400 Rancho Road in Adelanto, California, 92401. The Notice to Appear contained allegations and provided a potential legal basis for Soto-Mejia’s removal from the United States. The Notice to Appear was filed with the Immigration Court in Adelanto, California on February 12, 2018.

            On February 27, 2018 an order advancing the removal hearing was served on a custodial officer for Soto-Mejia. On February 27, 2018, a letter entitled “Notice of Hearing in Removal Proceedings” addressed to Soto-Mejia at the Adelanto Detention Facility on 10250 Rancho Road

    Page 2

    in Adelanto, California, 92301 was served on a custodial officer for Soto-Mejia. The letter indicated that a hearing before Immigration Court was scheduled for March 7, 2018 at 1:00 p.m. The Notice of Hearing did not reference the nature or basis of the legal issues or charges for the removal proceedings. The Notice of Hearing also did not reference any particular Notice to Appear.

            On March 7, 2018, the “Order of the Immigration Judge” indicates that Soto-Mejia appeared at the Immigration Court hearing and that he was ordered removed from the United States to Mexico. Soto-Mejia was deported on March 8, 2018. Subsequently, Soto-Mejia was encountered in the United States again and was ordered removed on March 19, 2018. The March 19 Order, as a reinstate of the prior order, derived its authority to order removal from the March 7 Order. The Indictment in this case explicitly references and relies upon the March 7 and March 19 removal orders as a basis for establishing a violation of 8 U.S.C. § 1326 by Soto-Mejia.

            II. Legal Standard

            Since a prior order of removal is a predicate element of 8 U.S.C. § 1326, a defendant may collaterally attack the underlying removal order.United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047 (9th Cir. 2004). To prevail on such a collateral challenge to a deportation order, the individual must demonstrate that (1) he exhausted any administrative remedies he could have used to challenge the order (or is excused from such exhaustion); (2) the deportation proceedings deprived the individual of judicial review (or is excused from seeking judicial review); (3) the entry of the order was fundamentally unfair. 8 U.S.C. 1326(d); Ramos, 623 F.3d at 680.

            A removal order is “fundamentally unfair” if (1) an individual’s due process rights were violated by defects in the underlying proceeding, and (2) the individual suffered prejudice as a result. Ubaldo-Figueroa, 364 F.3d at 1048.

            III. Discussion

            The Defendant argues that this case must be dismissed because his criminal prosecution derives from a defective immigration proceeding in which the immigration court did not have

    Page 3

    jurisdiction to commence removal proceedings against him because the Notice to Appear initiating the proceeding was defective. He argues that the March 7 Order is thus void as the immigration court did not have jurisdiction to issue an order. He further argues that, as the initial March 7, 2018 deportation order is void, the subsequent reinstatement removal order of March 19, 2018 is also void as it derived its authority from the March 7 Order. Specifically, Soto-Mejia argues that the initial Notice to Appear that issued in his case did not include a time and location for the proceeding. Relying upon the United States Supreme Court’s recent decision in Pereira v. Sessions, 138 S.Ct. 2105 (2018), Soto-Mejia argues that a notice to appear must contain a location and time for a removal hearing in order to create jurisdiction for the immigration court. Id. at 2110. As the Notice to Appear in this case did not contain such information, the immigration court, according to Soto-Mejia, did not have jurisdiction to issue a removal or deportation order.

            The government responds with several arguments. First, the government argues that Soto-Mejia waived his argument regarding jurisdiction—claiming that it is personal rather subject matter jurisdiction which is at issue—by not raising a jurisdictional objection in the immigration proceeding and conceding to the immigration court’s jurisdiction by appearing. Second, the government avers that the immigration court’s jurisdiction is determined by the federal regulations and that the Notice to Appear in this case contained the information it must pursuant to those regulations to vest the immigration court with jurisdiction. See 8 C.F.R. §§ 1003.14(a), 1003.15(b) and (c). Third, the government argues that the holding in Pereia is limited to the cases in which a court must determine the validity of a particular notice to appear as it relates to the triggering of the “stop-time rule.” Id. at 2116. Fourth, the government argues that there is no prejudice to Soto-Mejia as any defect was cured by the Notice of Hearing and Soto-Mejia’s participation in the removal proceedings. The Court rejects all of the government’s arguments.

            A. The Removal Orders of March 7 and March 19 Violated Due Process As the Immigration Court Lacked Subject Matter Jurisdiction

            The Court finds that Supreme Court’s holding in Pereira to be applicable and controlling in this case. First, the Court finds pursuant to the plain language of the regulations that the jurisdiction of the immigration court “vests” only “when a charging document is filed with the

    Page 4

    Immigration Court.” 8 C.F.R. §1003.14. A “Notice to Appear” is such a “charging document.” Id. at § 1003.13. Relying upon the reasoning of Pereira, this Court finds that the definition of a “Notice to Appear” is controlled by statute and not regulation, as the Supreme Court expressly rejected in Pereira the regulation-based interpretation by the Board of Immigration Appeals in Matter of Camarillo, 25 I. & N. Dec. 644 (2011). Pereira, 138 S. Ct. at 2111-14. And, pursuant to Pereira, a Notice to Appear must include the time and location for the hearing. Id. at 2114-17. As the Notice to Appear in this case failed to include the time and location for the hearing, the immigration court did not have jurisdiction to issue its March 7 deportation order.

            The Court rejects the government’s argument that Soto-Mejia waived his jurisdictional argument by not raising it earlier and by participating in the underlying immigration proceeding. The government’s argument conflates personal jurisdiction with subject matter jurisdiction. Soto-Mejia’s argument is founded upon his assertion that the immigration court lacked subject matter jurisdiction and not personal jurisdiction. Subject matter jurisdiction is a limitation on “federal power” that “cannot be waived” so “a party does not waive the requirement [of subject matter jurisdiction] by failing to challenge jurisdiction early in the proceedings.” Ins. Corp. of Ireland v. Compagnie des Bauxites, 456 U.S. 694, 702-03 (1982). Moreover, the plain language of the regulation establishing the immigration court’s jurisdiction explicitly notes that an immigration court’s authority only “vests” with the filing of a “charging document” and the regulation makes no reference to a waiver exception to this requirement for subject matter jurisdiction. 8 C.F.R. § 1003.14(a).

            The Court also rejects the government’s argument that the holding in Pereira is limited to cases determining the applicability of the stop-time rule. As noted, the Supreme Court’s holding in Pereira was based upon the plain language of the text of 8 C.F.R. §§ 1003.13 and 1003.14 and 8 U.S.C. § 1229(a). Pereira, 138 S. Ct. at 2111-13. Section 1003.13 specifies which documents can constitute a “charging document” for immigration proceedings after April 1, 1997. The parties all concede in this case that the only document in this record that is a “charging document” is the Notice to Appear. Id. The Court in Pereira explained that the text of Section 1229(a) lays out the statutory definition of and requirements for a “Notice to Appear” which includes the time and

    Page 5

    location for the hearing. 138 S. Ct. at 2114. The Supreme Court unambiguously proclaimed: “A putative notice to appear that fails to designate the specific time or place of the noncitizen’s removal proceedings is not a ‘notice to appear under section 1229(a).“‘” Id. at 2113-14 (emphasis added). While the Supreme Court applied this definition to the determination of the applicability of the stop-time rule, the express language of this holding does not suggest any limitation on the Court’s definition of what is and is not a “Notice to Appear” under Section 1229(a) with respect to the requirement for the notice to contain a time and location.

            There is no basis to assume or conclude that the definition of a “Notice to Appear” under Section 1229(a) would be different without reference to the stop-time rule. That is because the fundamental question that the Supreme Court was answering in Pereira is whether a notice must contain the time and location of the hearing to be a “notice to appear” under Section 1229(a). 138 S. Ct. at 2113-17. In answering this foundational question, the Court did not rely upon the stop-time rule to determine the definition of a notice to appear under Section 1229(a). To the contrary, the Court spent considerable time explaining why consideration of the stop-time rule’s “broad reference” to all of the paragraphs of Section 1229(a) did not alter the fact that the essential definition of and requirements for the notice arise in the first paragraph. 138 S. Ct. at 2114 (noting that the “broad reference to §1229(a) is of no consequence, because as even the Government concedes, only paragraph (1) bears on the meaning of a ‘notice to appear'”). This first paragraph requires that the notice contain the time and location for the removal proceeding.

            The Court is also unpersuaded that a defect in a “Notice to Appear” can be ‘cured’ as the government suggests by the filing and/or serving of the Notice of Hearing on Soto-Mejia. That is because such an argument is contrary to the plain text of the regulation, Section 1003.14(a), which unequivocally states that an immigration court’s jurisdiction only “vests” or arises with the filing of a “charging document.” A Notice of Hearing is not one of the “charging documents” referenced in Section 1003.13. A Notice of Hearing cannot therefore commence an immigration proceeding by subsequently providing a time and location for a removal hearing. Consequently, if the immigration court’s jurisdiction never arose because the Notice to Appear was invalid, then there is no proceeding in which a Notice of Hearing could properly be filed. There is nothing to cure.

    Page 6

            Moreover, the Court also finds that the Notice of Hearing in this case did not reference a specific Notice to Appear. Indeed, the government conceded and the Court finds that the Notice of Hearing form does not generally, or in this case, reference a prior specific Notice to Appear and it does not contain information about the legal issues or charges which serve as a basis for the removal proceedings. The two documents only common identifying information is the A-file number of the particular person—Soto-Mejia in this case. This means that if an individual had multiple potential charges or legal issues related to his immigration status, the Notice of Hearing could not inform him about which charges were at issue in the upcoming hearing and the Notice of Hearing could be filed months or years after the Notice to Appear. Indeed, this is the very reason that the Supreme Court in Pereira rejected the argument that the “Notice to Appear” did not have to include the time and location of the removal proceeding, because that would defeat the ultimate objective of requiring notice—allowing the person to prepare for the hearing and potentially consult with counsel. 138 S. Ct. at 2114-15. As the Court noted, if there was no requirement for this information “the [g]overnment could serve a document labeled ‘notice to appear’ without listing the time and location of the hearing and then, years down the line, provide that information a day before the removal hearing when it becomes available.” Id. at 2115. Under such an interpretation “a noncitizen theoretically would have had the ‘opportunity to secure counsel,’ but that opportunity will not be meaningful” as the person would not truly have the opportunity to consult with counsel and prepare for the proceeding.” Id. As a Notice of Hearing, like the one here, is not explicitly connected to a particular Notice to Appear and the associated charges, the Court finds that it cannot serve to ‘cure’ a defective Notice to Appear such as in this case.

            B. The Defendant Suffered Prejudice1

            The Court further finds that the Soto-Mejia suffered prejudice as a result of the defect in the underlying proceeding. Specifically, he was subjected to removal twice based upon the initial

    Page 7

    March 7 Order which the immigration court did not have jurisdiction to issue. The government’s argument that Soto-Mejia was not prejudiced because he “participated” in the removal proceedings misses the point. It is immaterial if he participated in the proceedings. He suffered prejudice by the issuance of the deportation orders because the immigration court lacked jurisdiction to order his removal on March 7, 2018.

            IV. Conclusion

            For the reasons stated, the Court finds that the March 7 and March 19 deportation orders are void due to the immigration court’s lack of jurisdiction. As these orders are void, the Court finds that the government cannot establish a predicate element—the prior removal or deportation of Soto-Mejia—of the sole offense in the Indictment. The Indictment in this case must therefore be dismissed.

            Accordingly,

            IT IS HEREBY ORDERED that the Motion to Dismiss is GRANTED. The Indictment in this case is DISMISSED. The Clerk of Court shall close this case.

            IT IS FURTHER ORDERED that, as this Court has no authority to detain Defendant Soto-Mejia pursuant to this case, he is ORDERED IMMEDIATELY RELEASED.

            DATED this 6th day of December, 2018.

            /s/_________
            
            UNITED STATES DISTRICT JUDGE

    ——–

    Footnotes:

            1. The Court finds that Soto-Mejia is not required to have exhausted any possible administrative remedies, because (a) the Supreme Court decision in Pereira issued after his March 7, 2018 proceeding and (b) defects as to subject matter jurisdiction may be raised at any time. Compagnie des Bauxites, 456 U.S. at 702-03.


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

    Unlike the BIA’s convoluted reasoning in Matter of Bemudez-Cota, 27 I&N Dec. 441 (BIA 2018), Judge Boulware’s analysis is very straightforward and complies with both the statutory language and the Supreme Court decision. What’s not to like about that?

    As I’ve pointed out before, Sessions was so busy artificially “jacking up” the backlog and intimidating the Immigration Judges working for him that he never bothered to address the many solvable legal and administrative problems facing the Immigration Courts. That could mean not only more failed criminal prosecutions, but perhaps more significantly, could invalidate the vast majority of the 1.1 million case backlog that Sessions artificially increased with his short-sighted, racially motivated “gonzo” polices and interpretations.

    And Whitaker is following in his footsteps by taking issues off the “restrictionist checklist” for screwing asylum seekers and migrants, rather than addressing the real legal and administrative deficiencies that make the Immigration Court a parody of justice in America.

    Sadly, I wouldn’t expect any improvement under Barr, whose recent totally revolting “paean to Jeff Sessions” (co-authored with former GOP AGs Meese & Mukasey) projects that until we get “regime change,” justice in America will continue to be reserved for well-to-do straight evangelical White men. https://www.washingtonpost.com/opinions/jeff-sessions-can-look-back-on-a-job-well-done/2018/11/07/527e5830-e2cf-11e8-8f5f-a55347f48762_story.html?utm_term=.aaad2f8e6250

    People of color and other vulnerable minorities should continue to beware of the “Department of Injustice.”

    Here’s a very compelling article by ACLU Legal Director David Cole on why Bill Barr is likely to be a “Button Down Corporate Version of Jeff Sessions.”  https://www.aclu.org/blog/criminal-law-reform/no-relief-william-barr-bad-jeff-sessions-if-not-worse

    Darn, perhaps carried away with all the tributes to Bush I, I had hoped for a conservative, law enforcement oriented, but non-racist, non-White-Nationalist approach to immigration. Something like firm, but fair, unbiased, professional, and rationally managed. Guess that just isn’t going to happen under a GOP that has made racist appeals, xenophobia, false narratives, and anti-democracy part of its official agenda. I have a tendency to give everyone the “benefit of the doubt” at least until proven otherwise. I guess I have to alter that when dealing with anyone associated with today’s GOP.

    That’s why the New Due Process Army must continue to be America’s bastion against the forces of darkness that threaten us all.

     

    PWS

    12-10-18

     

    GONZO’S WORLD: STILL A BIG LOSER! – He’s Gone, But His Scofflaw Positions Continue To Be Hammered By The Real (“Article III”) Courts! – Federal Judges Smoke Illegal “Sanctuary Cities” & “Transgender Troops” Abuses By Administration!

    https://apple.news/Aw1vvPVvPTMGBMle4Z4fXow

    Sophie Tatum reports for CNN:

    US judge rules against Trump administration in suit over policing grants to ‘sanctuary cities’

    Updated 5:21 PM EST November 30, 2018
    Washington

    A federal judge ruled against the Justice Department on Friday in a lawsuit over withholding federal money from so-called sanctuary cities, the latest blow to the Trump administration’s hardline immigration tactics.

    The lawsuit challenged the Justice Department’s efforts to punish sanctuary cities by withholding a key law enforcement grant the department said was available only to cities that complied with specific immigration enforcement measures.

    In July 2017, then-Attorney General Jeff Sessions announced that applicants for Edward Byrne Memorial Justice Assistance Grants would have to comply with federal immigration enforcement in ways that were unlike years past, like allowing federal law enforcement agents to have access to detainees in jails for questioning about their immigration status.

    According to the ruling, the seven states involved in the lawsuit, as well as New York City, had been receiving the grant money since Congress created the fund for the “modern version of the program in 2006,” and the funds “collectively totaled over $25 million.”

    “In 2017, for the first time in the history of the program, the U.S. Department of Justice (‘DOJ’) and Attorney General (collectively, ‘Defendants’) imposed three immigration-related conditions that grantees must comply with in order to receive funding,” wrote Judge Edgardo Ramos, of the US District Court for the Southern District of New York, in his ruling.

    New York Attorney General Barbara Underwood led the suit and was joined by New Jersey, Rhode Island, Connecticut, Massachusetts, Washington state and Virginia.

    Underwood said in a statement on Friday that the ruling was “a major win for New Yorkers’ public safety.” CNN has reached out to the Justice Department for comment.

    This isn’t the first ruling of its kind — in April, a panel of three judges from the 7th US Circuit Court of Appeals upheld a ruling in favor of the city of Chicago that blocked the Justice Department from adding new requirements for the policing grants.

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

    https://thehill.com/regulation/court-battles/419170-judge-refuses-to-hold-or-limit-ruling-on-transgender-military-ban

    Lydia Wheeler reports in The Hill:

    A federal district court judge on Friday denied the Trump administration’s request to block or limit the scope of a ruling that temporarily prohibits the government from enforcing its ban on transgender people serving in the military.

    Judge Colleen Kollar-Kotelly, a Clinton appointee on the U.S. District Court for the District of Columbia, said the court is not convinced the government will suffer irreparable harm without a stay of the court’s October 2017 preliminary injunction.

    The government had asked for a stay pending any potential, future proceedings in the Supreme Court. Bypassing normal judicial order, the Department of Justice asked the Supreme Court last week to review the case before the D.C. Circuit Court of Appeals has ruled.

    Arguments before the appeals court are scheduled for Dec. 10.

    At the very least, the government asked the district court to limit the nationwide scope of the injunction while the court weighs in, but Kollar-Kotelly refused. She said the government had not convinced the court that a more limited injunction is appropriate.

    “Without supporting evidence, defendants’ bare assertion that the Court’s injunction poses a threat to military readiness is insufficient to overcome the public interest in ensuring that the government does not engage in unconstitutional and discriminatory conduct,” she said.

    “After all, ‘it must be remembered that all Plaintiffs seek during this litigation is to serve their nation with honor and dignity, volunteering to face extreme hardships, to endure lengthy deployments and separation from family and friends, and to willingly make the ultimate sacrifice of their lives if necessary to protect the Nation, the people of the United States, and the Constitution against all who would attack them,’ ” she said.

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

    Not surprisingly, policies stemming from racism and homophobia being advanced for crass political reasons aren’t doing very well in Federal Courts. There, the judges tend to prefer cogent legal arguments. The latter is something for which Gonzo was never known. Indeed, a number of the biased based positions he advanced in support of the Administration were so outlandish that the judges actually gave the Government additional time to develop a legal rationale. But, that also proved to be time wasted, because there never was any legal rationale for these policies and legal positions. Just hate and bias, and an ignorance of the real meaning of our Constitution.

    There’s lots of irony, indeed total absurdity, in Sessions’s audaciously bogus claim that he “stood for the rule of law.” Safe to say that no Attorney General since “John the Con” Mitchell has done so much to undermine our Constitutional system and the real “rule of law.”

    PWS

    12-03-18

    TRUMP’S IMMIGRATION “POLICIES” ARE BASED ON RACISM, CRUELTY, LIES, & KNOWINGLY FALSE NARRATIVES — THE GOP HAS SOMETIMES ENCOURAGED, & OTHER TIMES ENABLED, THESE OUTRAGES AGAINST HUMANITY & THE RULE OF LAW — Now Some Accountability For These Despicable Actions Are On the Horizon!

    https://www.washingtonpost.com/blogs/plum-line/wp/2018/11/28/the-true-depths-of-trumps-cruelty-are-about-to-be-exposed/

    Greg Sargent writes for the WashPost:

    The House GOP’s near-total abdication of any oversight role has done more than just shield President Trump on matters involving his finances and Russian collusion. It has also resulted in almost no serious scrutiny of the true depths of cruelty, inhumanity and bad-faith rationalization driving important aspects of Trump’s policyagenda — in particular, on his signature issue of immigration.

    That’s about to change.

    In an interview with me, the incoming chairman of the House Homeland Security Committee vowed that when Democrats take over in January, they will undertake thorough and wide-ranging scrutiny of the justifications behind — and executions of — the top items in Trump’s immigration agenda, from the family separations, to the thinly veiled Muslim ban, to the handling of the current turmoil involving migrants at the border.

    “We will visit the border,” Rep. Bennie Thompson (D-Miss.), who is expected to chair the committee, which has jurisdiction over the Department of Homeland Security, told me. “We will hold hearings in committee on any and all aspects of DHS. … We will not back off of this issue.”

    This oversight — which could result in calling for testimony from Stephen Miller, the architect of Trump’s immigration agenda — will include scrutiny of the administration’s justifications for its policies. Importantly, Thompson tells me Democrats will seek to grill officials on what went into Trump’s public statements on various aspects of the issue, many of which are falsehoods.

    On asylum seekers, for instance, Trump’s public rationale for his various efforts to restrict their ability to apply (which is their legal right), is based on lies about the criminal threat they supposedly pose and absurd exaggerations about the rates at which they don’t show up for hearings.

    Migrant caravan crisis escalates with tear gas at border fence

    U.S. authorities fired tear gas at members of a Central American migrant caravan who had rushed the fencing along the U.S. border with Mexico on Nov. 25.

    To be clear, Trump has used these rationales to justify actual policies with real-world impact, such as the effort to cruelly restrict asylum-applications to only official points of entry. Trump has also threatened a total border shutdown. Hearings could reveal that the justifications are nonsense, and spotlight their true arbitrary and cruel nature (putting aside for now that their real motive is ethno-nationalism).

    “All this innuendo we hear about criminals coming in the caravan, we just want to know, how did you validate this?” Thompson told me, adding that DHS officials would be called on in hearings to account for Trump’s claims. “Policy has to be backed up with evidence. So we will do rigorous oversight.”

    This will also include a look at the recent tear-gassing of migrants, and the administration’s public statements about it and justifications, Thompson said. Homeland Security Secretary Kirstjen Nielsen has defended the fact that tear gas appears to have impacted children by claiming they were used as “human shields.”

    The use of the military as a prop

    Thompson said such scrutiny could dovetail with an examination of Trump’s use of the military at the border as campaign propaganda, though that might involve the House Armed Services Committee. “We have to get full disclosure in a public setting or a classified setting,” Thompson said. “Under no circumstances will we not get information.”

    By the way: Even if you take some of Trump’s complaints about asylum seeking seriously — there are serious issues with backlogs that have real consequences — you should want this oversight. If done well, it could shed light on actual problems, such as the role of the administration’s deliberate delays in processing asylum seekers in creating the current border mess, to the real need to reorganize the bureaucracy to relieve backlogs and to pursue regional solutions to the root causes of migration surges.

    The overall goal, Thompson said, will be this: “As a nation of immigrants ourselves, we want to make sure that our process of immigration that includes asylum-seekers is constitutional and represents American values.”

    Family separations and the travel ban

    Thompson told me the committee would also look at the process leading up to the travel ban, which proceeded despite the fact that two internal Homeland Security analyses undercut its national security rationale.

    Democrats can demand that DHS officials justify that policy. “What did you use to come up with this travel ban? How did you select these countries?” Thompson said, previewing the inquiry and vowing subpoenas if necessary. “We will ask for any written documentation that went towards putting the ban in place, what individuals were consulted, and what the process consisted of.”

    Thompson also said the run-up to the implementation of the family separation policy and its rationale would receive similar scrutiny, as well as at the conditions under which children have been held, such as the reported Texas “tent city.” “Somebody is going to have to come in and tell us, ‘Is this the most efficient way to manage the situation?’” Thompson said. But also: “How did we get here in the first place?”

    What can Democrats do?

    One big question: What will House Democrats do legislatively against such policies? Thompson told me the goal is to secure cooperation with DHS, but in cases where the agency continues policies that Democrats deem terribly misguided or serious abuses, they can try to legislate against them. That would run headlong into Trump and the GOP-controlled Senate, at which point one could see discussion of targeted defunding of certain policies, though whether that will happen or what that might look like remains to be seen.

    “As far as I’m concerned, no option is off the table,” Thompson said. Some more moderate House Democrats who won tougher districts might balk at such a stance, but Thompson said: “Every committee has responsibilities, and we have to carry them out.”

    The big story here is that Trump has relied on the outright dismissal of his own administration’s factual determinations to justify many policies, not just on immigration, but also with his drive to weaken efforts to combat global warming despite the big report warning of the dire threats it poses.

    The administration will strenuously resist Democratic oversight, and I don’t want to overstate what it can accomplish. But House Democrats must at least try to get into the fight against Trump’s war on facts and empiricism wherever possible. And when it comes to the humanitarian crises Trump has wrought on immigration, this is particularly urgent.

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

    Finally, some much-needed, long-overdue accountability, fact-finding, and truth about Trump’s intentionally cruel and usually lawless immigration policies and those sycophants and toadies who implement them and egg him on. No, it won’t necessarily change things overnight. But, having some “pushback” and setting the factual record straight for further action is an important first step. And, I hope that the absolutely avoidable politically created mess in the U.S. Immigration Courts, and their disgraceful abandonment of Due Process as their sole focus, is high on the oversight list!

     

    PWS

    12-02-18

     

     

     

     

    JRUBE @ WASHPOST: Trump’s Racist & Intentionally Illegal Immigration Enforcement Policies Have Been A Failure & A Gross Abuse of Government Authority & Taxpayer Resources — It’s High Time For Some Real Accountability!

    https://www.washingtonpost.com/news/opinions/wp/2018/11/27/congressional-oversight-should-start-with-a-policy-fiasco-like-this-one/

    Rubin writes in WashPost:

    Trump administration scandals surely must be examined by the new Democratic-controlled House, which intends to take its constitutional obligations seriously, in contrast with the GOP House majority. But congressional oversight should be about more than scandals: Equally important is to probe the policy disasters (as numerous as the ethical lapses), both to hold the executive branch accountable and to help formulate appropriate legislation. The border situation is a prime example.

    The Post reports:

    A day after U.S. agents fired tear gas to repel migrants breaking through the border fence in Southern California, Homeland Security officials defended the use of force and their decision to close the country’s busiest port of entry, saying they expect additional confrontations and shutdowns.

    Facing dismal conditions in Mexico and long waits for the chance to request asylum in the United States, thousands of Central American migrants are becoming more agitated, and officials see no quick resolution to the tensions that erupted Sunday. …

    On Monday, critics of the Trump administration denounced border agents’ use of force on groups that included families with children, but U.S. officials praised what they called “quick and effective action” against crowds of stone-slinging young men who pried open the border fence at multiple locations to squeeze through.

    Like the family separation debacle, this is a crisis of the Trump administration’s own making. Sending the military (with threats to use force on civilians), threatening to “close the border” and attempting to issue a blanket denial of asylum (halted by the courts) have all created a sense of panic:

    The migrants who participated in Sunday’s border rush were a minority among the 5,000 or so Central Americans who have arrived in caravan groups to Tijuana in recent weeks hoping to enter the United States. Critics of the administration’s hard-line response have insisted that members of the caravan groups would exercise their legal right to seek asylum at U.S. border crossings. But with more than 4,000 people on a wait list to approach the border crossing, and U.S. immigration authorities insisting that they have the capacity to process just 60 to 100 asylum seekers per day, frustration has been welling at the camp where migrants are sleeping in tents and enduring long lines for food.

    Instead of sending troops and making unconstitutional threats, the Trump administration should be dispatching an army of judges to consider the asylum applications — and working with Central American governments to address the conditions that force their citizens to flee.

    Rather than accept responsibility for their own bad decision-making, the Trump administration falsely accuses the Obama administration of practicing the same inhumane family separation policy. (The Post’s fact checkers find: “It’s not the first time [President] Trump tries to minimize the scope of his family separations at the border by claiming that President Barack Obama had the same policy. This claim and its variations have been roundly debunked. We gave them Four Pinocchios in June. … There is simply no comparison between Trump’s family separation policy and the border enforcement actions taken by the Obama and George W. Bush administrations.”)

    ‘We come in peace’: Central American migrants’ uncertain future

    A full congressional investigation is essential to answer the most basic questions:

    • Who issued the zero-tolerance policy, and who approved it?
    • What discussion/consideration of the ensuing family separations was undertaken?
    • What basis is there for the administration’s assertions that there are “Middle Eastern” people and criminals in the caravan? (“It has almost nothing but supposition to show the public. Many of the caravan members are women and children fleeing violence in their home countries or seeking economic opportunity in the United States. They hardly fit Trump’s description of ‘very tough people’ rushing the border.”)
    • Where are the “stone-cold criminals” Trump keeps claiming are part of the caravan, and why wouldn’t they be rejected through the normal asylum evaluation process?
    • Against whom did U.S. agents lob tear gas?

    Aside from debunking a host of false claims by the Trump administration and anti-immigrant zealots, the hearings ideally should produce legislation that at a bare minimum permanently bans family separations, allocates funds for border security and for immigration judges (even Sen. Ted Cruz, a Texas Republican, supports that), gives protection to the dreamers and supports aid to Central American countries from which migrants are fleeing.

    In short, Congress needs to do its job, instead of acting as a cheerleader for Trump’s racist, hysterical rhetoric.

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

    I’ve been saying this for a long time!  There has been no accountability for anything under the GOP. including unwarranted deficits, high-level corruption (starting with the White House and the Trump family), and total waste of taxpayer money.

    And, it’s not too late to hold corrupt White Nationalist scofflaw Jeff Sessions accountable for his gross abuses of his office, of our Constitution, and his crimes against humanity. How about some accountability for the evil racist anti-American subversive Stephen Miller? Also, don’t forget airhead sycophant Nielsen and her DHS underlings who mindlessly mouth Trump lies by blaming the Federal Courts, Democrats, and, most despicably, the victims for the messes that their own cruel incompetence and mockery of the rule of law has created!

    PWS

    11-28-18

    SCOFFLAWS OUTED AGAIN: U.S. DISTRICT JUDGE BLOCKS TRUMP’S ILLEGAL ATTACK ON ASYLUM LAW: ORDERS PROCESSING OF ALL WHO APPLY TO RESUME! — “Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden!”

    https://www.nytimes.com/2018/11/20/us/judge-denies-trump-asylum-policy.html?action=click&module=Top%20Stories&pgtype=Homepage

    Miriam Jordan reports for the NY Times:

    LOS ANGELES — A federal judge on Monday ordered the Trump administration to resume accepting asylum claims from migrants no matter where or how they entered the United States, dealing at least a temporary setback to the president’s attempt to clamp down on a huge wave of Central Americans crossing the border.

    Judge Jon S. Tigar of the United States District Court in San Francisco issued a temporary restraining order that blocks the government from carrying out a new rule that denies protections to people who enter the country illegally. The order, which suspends the rule until the case is decided by the court, applies nationally.

    “Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Mr. Tigar wrote in his order.

    As a caravan of several thousand people journeyed toward the Southwest border, President Trump signed a proclamation on Nov. 9 that banned migrants from applying for asylum if they failed to make the request at a legal checkpoint. Only those who entered the country through a port of entry would be eligible, he said, invoking national security powers to protect the integrity of the United States borders.

    Within days, the administration submitted a rule to the federal registry, letting it go into effect immediately and without the customary period for public comment.

    But the rule overhauled longstanding asylum laws that ensure people fleeing persecution can seek safety in the United States, regardless of how they entered the country. Advocacy groups, including the Southern Poverty Law Center and the American Civil Liberties Union, swiftly sued the administration for effectively introducing what they deemed an asylum ban.

    The advocacy groups accused the government of “violating Congress’s clear command that manner of entry cannot constitute a categorical asylum bar” in their complaint. They also said the administration had violated federal guidelines by not allowing public comment on the rule.

    But Trump administration officials defended the regulatory change, arguing that the president was responding to a surge in migrants seeking asylum based on frivolous claims, which ultimately lead their cases to be denied by an immigration judge. The migrants then ignore any orders to leave, and remain unlawfully in the country.

    ”The president has sought to halt this dangerous and illegal practice and regain control of the border,” government lawyers said in court filings.

    Mr. Trump, who had made stanching illegal immigration a top priority since his days on the campaign trail, has made no secret of his frustration over the swelling number of migrants heading to the United States. The president ordered more than 5,000 active-duty troops to the border to prevent the migrants from entering.

    The new rule was widely regarded as an effort to deter Central Americans, many of whom request asylum once they reach the United States, often without inspection, from making the journey over land from their countries to the border.

    United States immigration laws stipulate that foreigners who touch American soil are eligible to apply for asylum. They cannot be deported immediately. They are eligible to have a so-called credible fear interview with an asylum officer, a cursory screening that the overwhelming majority of applicants pass. As result, most of the migrants are released with a date to appear in court.

    In recent years, more and more migrants have availed of the asylum process, often after entering the United States illegally. A record 23,121 migrants traveling as families were detained at the border in October. Many of the families turn themselves in to the Border Patrol rather than queue up to request asylum at a port of entry.

    The Trump administration believes the migrants are exploiting asylum laws to immigrate illegally to the United States. Soaring arrivals have exacerbated a huge backlog of pending cases in the immigration courts, which recently broke the one-million mark. Many migrants skip their court dates, only to remain illegally in the country, which Mr. Trump derides as “catch and release.”

    But advocates argue that many migrants are victims of violence or persecution and are entitled to seek sanctuary. Gangs are ubiquitous across El Salvador, Honduras and Guatemala, where lawlessness and corruption enable them to kill with impunity.

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

    Entirely predictable. “Many of the families turn themselves in to the Border Patrol rather than queue up to request asylum at a port of entry.”

    Why aren’t ethical requirements being enforced on Government lawyers who present and defend these clearly frivolous positions in court?  Knowingly and intentionally depriving individuals of statutory, civil, and constitutional rights, while tying up Federal Judges and other “officers of the court” on frivolous political stunts directed at harming individuals on the basis of race and nationality must, at some point, be deterred!

    These are not criminal proceedings, and the Administration is not entitled to a “presumption of innocence” for its lawless actions. At some point, ethical lawyers have an obligation “not to serve” a lawless Administration and to publicly disclose and oppose the Administration’s intentionally illegal actions and intentional wrongdoing aimed at migrants and communities of color in the U.S.  “Job security” doesn’t entitle Government employees, let alone those who also are members of the bar, to violate their oaths to uphold the Constitution.

    And no, no matter how much the GOP appointees might want to do so, the Supremes can’t authorize the President to rewrite the clear terms of the law at his whim.

    PWS

    11-20-18

    THE NEW YORKER: SATURDAY SATIRE FROM ANDY BOROWITZ – “Rick Scott Accuses Democrats of Trying to Thwart G.O.P.’s Successful Voter Suppression”

    https://www.newyorker.com/humor/borowitz-report/rick-scott-accuses-democrats-of-trying-to-thwart-gops-successful-voter-suppression

    Rick Scott Accuses Democrats of Trying to Thwart G.O.P.’s Successful Voter Suppression

    TALLAHASSEE, FLORIDA (The Borowitz Report)—In a hastily called press conference on Thursday evening, Florida Governor Rick Scott accused Democrats of nefariously plotting to undo the Republican Party’s highly successful voter-suppression effort.

    “As Republicans, we have worked tirelessly to intimidate, discourage, and otherwise disenfranchise millions of Florida voters,” a visibly enraged Scott said. “We are not about to let Democrats swoop in at the last minute and ruin all of that fine work.”

    Scott angrily singled out the Broward County and Palm Beach County supervisors for their “rampant enforcement of the right to vote.”

    “They are literally finding votes by people we are a hundred per cent sure we had scared away from the voting booths,” he said. “This will not stand.”

    The Florida governor said that if Democrats think that they can undermine the Republicans’ arduous and painstaking efforts to suppress votes in Florida, “they better think again.”

    “I will not sit idly by while every vote is counted,” Scott said. “This is Florida, goddammit.”

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

    Hard to tell the difference between satire and reality these days. The GOP is panicking as all the votes actually are counted.

    PWS

    11-10-18

    GONZO’S WORLD: Racist AG Takes Parting Shot At Civil Rights, African-Americans, People Of Color, & DOJ Career Lawyers

    https://www.nytimes.com/2018/11/08/us/politics/sessions-limits-consent-decrees.html?action=click&module=Top%20Stories&pgtype=Homepage

    Katie Benner reports for the NY Times:

    WASHINGTON — Former Attorney General Jeff Sessions has drastically limited the ability of federal law enforcement officials to use court-enforced agreements to overhaul local police departments accused of abuses and civil rights violations, the Justice Department announced on Thursday.

    In a major last-minute act, Mr. Sessions signed a memorandum on Wednesday before President Trump fired him sharply curtailing the use of so-called consent decrees, court-approved deals between the Justice Department and local governments that create a road map of changes for law enforcement and other institutions.

    The move means that the decrees, used aggressively by Obama-era Justice Department officials to fight police abuses, will be more difficult to enact. Mr. Sessions had signaled he would pull back on their use soon after he took office when he ordered a review of the existing agreements, including with police departments in Baltimore, Chicago and Ferguson, Mo., enacted amid a national outcry over the deaths of black men at the hands of officers.

    Mr. Sessions imposed three stringent requirements for the agreements. Top political appointees must sign off on the deals, rather than the career lawyers who have done so in the past; department lawyers must lay out evidence of additional violations beyond unconstitutional behavior; and the deals must have a sunset date, rather than being in place until police or other law enforcement agencies have shown improvement.

    The document reflected Mr. Sessions’s staunch support for law enforcement and his belief that overzealous civil rights lawyers under the Obama administration vilified the local police. The federal government has long conducted oversight of local law enforcement agencies, and consent decrees have fallen in and out of favor since the first one was adopted in Pittsburgh more than two decades ago. The new guidelines push more of that responsibility onto state attorneys general and other local agencies.

    Mr. Sessions conceded in his memo that consent decrees are sometimes the only way to ensure that government agencies follow the law. But he argued that changes were necessary because agreements that impose long-term, wide-ranging obligations on local governments could violate their sovereignty.

    By setting a higher bar for the deals, Mr. Sessions limited a tool that the Justice Department has used to help change policing practices nationwide.

    Mr. Sessions’s new guidelines make it nearly impossible for rank-and-file Justice Department lawyers to use the agreements, warned Jonathan M. Smith, a former official in the department’s civil rights division and the executive director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.

    “This memo will make the Justice Department much less effective in enforcing civil rights laws,” Mr. Smith said.

    A Justice Department spokeswoman declined to comment beyond the memo.

    A consent decree is a type of injunction that allows federal courts to enforce an agreement negotiated between two parties — say, the Justice Department and a local police department — to address a violation of the law. The department started enforcing them during the Clinton administration, after a statute was enacted in 1994 allowing the attorney general to use court agreements to remedy systemic, unconstitutional behavior.

    The agreements gained a higher profile as the Obama administration entered into 14 of them as part of its efforts to improve relationships between the police and their communities. They became even more prominent after the killings of black men at the hands of the police captured headlines and set off the Black Lives Matter movement.

    In March 2017, a month after he took office, Mr. Sessions ordered a review of the use of consent decrees to ensure that they “advance the safety and protection of the public.” He said that the pacts should also ensure that the police are safe and respected and that they should not interfere with recruiting efforts by the local police.

    Mr. Sessions, who has long championed local sheriffs and police officers, maintained that the agreements “reduce morale” among police officers and lead to more violent crime. Academics and researchers have contested his assertions about the links between consent decrees and crime rates.

    Under Mr. Sessions, the department also dropped Obama-era investigations into the police in Chicago and Louisiana.

    Last month, Mr. Sessions opposed a consent decree between the Chicago Police Department and the Illinois attorney general enacted after a Justice Department report unveiled in the final days of the Obama administration found rampant use of excessive force aimed at black and Latino people. Under Mr. Sessions, the Justice Department said the deal placed too many restrictions on Chicago’s police superintendent.

    “When Jeff Sessions intervened in the locally negotiated consent decree in Chicago, it belied the love of federalism that he professes and uses to justify this effort to effectively end the use of consent decrees,” said Vanita Gupta, the chief executive of the Leadership Conference on Civil and Human Rights and the former head of the Justice Department’s civil rights division.

    The agreements enacted after high-profile police killings in recent years would likely not exist if Mr. Sessions’s restrictions had been in place.

    “The need for consent decrees and the oversight they guarantee,” she said, “has not disappeared.”

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

    Ah, “Courtsiders,” you might have thought that my regular “Gonzo’s World” feature column would disappear with the eagerly awaited departure of Jeff “Gonzo Apocalypto” Sessions from the office he never should have held in the first place. But, alas, as other commenters and I have said on numerous occasions, the pernicious influence of, and damage to nation and our Constitution by, Gonzo in less than two years in office will remain with us for years, if not decades to come!

    Between Gonzo and Trump, the reputation and role of the DOJ as a credible organization and fair and unbiased protector of citizens’ and residents’ Constitutional and legal rights has been totally trashed; rebuilding it might prove to be “mission impossible.” After all, the true damage can’t even be objectively assessed until we get “regime change.”

    Indeed, it might be time to think about a totally different structure and safeguards for “America’s Law Department” — certainly, removal of the U.S. Immigration Courts from this disastrous mix of improper influence, incompetence, and unethical behavior has to be “Priority I” if and when we return to a system of responsible government.

    With respect to Katie’s report, pretty sleazy move by a really sleazy guy. But, “Black Lives” and the lives of immigrants and other folks of color have never mattered much to Sessions and his White Nationalist Nation.

    He claims he might run for Senate again in Alabama. Having gotten this morally corrupt and incompetent individual off the public dole, it’s important to America’s future to pull out all the stops to insure that he remains “retired” from public office.

    Fox News deserves him. I doubt he actually knows any law; certainly many Federal Judges have expressed skepticism about that. But, reading off the “cue cards” and false narratives that various White Nationalist groups have prepared for him ought to keep the “Trump crazies” happy and well fed.

    Sure, Whitaker is a totally unqualified and unprincipled “acting successor.” But nobody except committed White Supremacists should mourn the departure of Sessions.

    One of many, many horrible things about Trump is that when he inevitably turns on his former loyalists, he is so vicious and demeaning that he actually creates undeserved sympathy for these clowns. Nobody was forced to become a Trump supporter. They all went into it with open eyes. And, Trump’s lack of character, loyalty, manners, ethics, and human decency have always been on public display.

    The folks we really should feel sorry for is African-Americans, Latinos, Muslims, Jews, Asian Americans, immigrants, the LGBTQ community, refugees, children, journalists, civil servants, civil rights and immigration lawyers, judges, state and local officials, career diplomats, and all of the other many groups of Americans that Sessions, Trump, and their White Nationalist cronies have abused. The stain of Gonzo’s tenure will not be easily or quickly erased.

    PWS

    11-09-18

     

    MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!

    https://slate.com/news-and-politics/2018/11/jeff-sessions-donald-trump-resign-disgrace.html

    Stern writes:

    Attorney General Jeff Sessions resigned on Wednesday at the request of Donald Trump. He served a little less than two years as the head of the Department of Justice. During that time, Sessions used his immense power to make America a crueler, more brutal place. He was one of the most sadistic and unscrupulous attorneys general in American history.

    At the Department of Justice, Sessions enforced the law in a manner that harmed racial minorities, immigrants, and LGBTQ people. He rolled backObama-era drug sentencing reforms in an effort to keep nonviolent offenders locked away for longer. He reversed a policy that limited the DOJ’s use of private prisons. He undermined consent decrees with law enforcement agencies that had a history of misconduct and killed a program that helped local agencies bring their policing in line with constitutional requirements. And he lobbied against bipartisan sentencing reform, falsely claiming that such legislation would benefit “a highly dangerous cohort of criminals.”

    Meanwhile, Sessions mobilized the DOJ’s attorneys to torture immigrant minors in other ways. He fought in court to keep undocumented teenagers pregnant against their will, defending the Trump administration’s decision to block their access to abortion. His Justice Department made the astonishing claim that the federal government could decide that forced birth was in the “best interest” of children. It also revealed these minors’ pregnancies to family members who threatened to abuse them. And when the American Civil Liberties Union defeated this position in court, his DOJ launched a failed legal assault on individual ACLU lawyers for daring to defend their clients.

    The guiding principle of Sessions’ career is animus toward people who are unlike him. While serving in the Senate, he voted against the reauthorization of the Violence Against Women Act because it expressly protected LGBTQ women. He opposed immigration reform, including relief for young people brought to America by their parents as children. He voted against the repeal of Don’t Ask, Don’t Tell. He voted against a federal hate crime bill protecting gay people. Before that, as Alabama attorney general, he tried to prevent LGBTQ students from meeting at a public university. But as U.S. attorney general, he positioned himself as an impassioned defender of campus free speech.

    While Sessions doesn’t identify as a white nationalist, his agenda as attorney general abetted the cause of white nationalism. His policies were designed to make the country more white by keeping out Hispanics and locking up blacks. His tenure will remain a permanent stain on the Department of Justice. Thousands of people were brutalized by his bigotry, and our country will not soon recover from the malice he unleashed.

    His successor could be even worse.

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

    Can’t overstate the intentional damage that this immoral, intellectually dishonest, and bigoted man has done to millions of human lives and the moral and legal fabric of our country. “The Father of the New American Gulag,” America’s most notorious unpunished child abuser, and the destroyer of Due Process in our U.S. Immigration Courts are among a few of his many unsavory legacies!

    The scary thing: Stern is right — “His successor could be even worse.”  If so, the survival of our Constitution and our nation will be at risk!

    PWS

    11-06-18

    GONZO’S WORLD: WHITE NATIONALIST A.G. PUTS IDEOLOGY ABOVE LAW & FACTS – How He’s Destroying the U.S. DOJ & Corrupting Our Government! –“Since I’ve been a lawyer, going back to the late 1970s, I can’t recall a time when morale has been as low as I have heard from some former colleagues.”

    https://www.nytimes.com/2018/10/19/us/politics/jeff-sessions-justice-department.html

    Katie Benner reports for the NY Times:

    Justice Dept. Rank-and-File Tell of Discontent Over Sessions’s Approach

    Image
    Justice Department lawyers have raised concerns about Attorney General Jeff Sessions pursuing legally indefensible cases and a lack of support when they tried to warn him.CreditCreditDoug Mills/The New York Times

    WASHINGTON — During his 20 months in office, Attorney General Jeff Sessions has swept in perhaps the most dramatic political shift in memory at the Justice Department, from the civil rights-centered agenda of the Obama era to one that favors his hard-line conservative views on immigration, civil rights and social issues.

    Now, discontent and infighting have taken hold at the Justice Department, in part because Mr. Sessions was so determined to carry out that transformation that he ignored dissent, at times putting the Trump administration on track to lose in court and prompting high-level departures, according to interviews over several months with two dozen current and former career department lawyers who worked under Mr. Sessions. Most asked not to be named for fear of retribution.

    President Trump has exacerbated the dynamic, they said, by repeatedly attacking Mr. Sessions and the Justice Department in baldly political and personal terms. And he has castigated rank-and-file employees, which career lawyers said further chilled dissent and debate within the department.

    The people interviewed — many yearslong department veterans, and a third of whom worked under both the Bush and Obama administrations — said that their concerns extended beyond any political differences they might have had with Mr. Sessions, who is widely expected to leave his post after November’s midterm elections.

    ADVERTISEMENT

    “Since I’ve been a lawyer, going back to the late 1970s, I can’t recall a time when morale has been as low as I have heard from some former colleagues,” said Robert Litt, a former Justice Department official during the Clinton administration.

    A department spokeswoman, Sarah Isgur Flores, said that Mr. Sessions and other senior law enforcement officials were committed to the department’s mission of upholding the rule of law, and that they had heard no complaints about that.

    “We know of no department employee who is opposed to policies that uphold the rule of law and protect the American people — which are precisely the policies that this department has implemented and embraced,” Ms. Flores said in a statement.

    Mr. Sessions’s shift in the department’s priorities reflected Mr. Trump’s campaign promises to be tough on crime and crack down on illegal immigration, much as former Attorney General Eric H. Holder Jr. took office in 2009 with a mandate to realize President Barack Obama’s vision on civil rights.

    Ms. Flores called Mr. Sessions’s changes “vital to reducing violent crime,” combating the opioid epidemic and securing borders.

    Image
    The Justice Department’s effort to crack down on sanctuary cities through the courts has been met with protests, here in Sacramento in June.CreditRich Pedroncelli/Associated Press

    But Trump appointees ignored the legal advice of career lawyers in implementing their agenda, four current Justice Department employees said.

    In one instance, Mr. Sessions directly questioned a career lawyer, Stephen Buckingham, who was asked to find ways to file a lawsuit to crack down on sanctuary laws protecting undocumented immigrants. Mr. Buckingham, who had worked at the Justice Department for about a decade, wrote in a brief that he could find no legal grounds for such a case.

    Reminding Mr. Buckingham of the attorney general’s bona fides as an immigration hard-liner, Mr. Sessions asked him to come to a different conclusion, according to three people who worked alongside Mr. Buckingham in the federal programs division and were briefed on the exchange.

    To Mr. Buckingham’s colleagues, the episode was an example of Mr. Sessions stifling dissent and opening the department to losses in court.

    Mr. Buckingham resigned a few months later, and Mr. Sessions got his lawsuit. A federal judge dismissed most of the case, and the department has appealed. Both Mr. Buckingham and Ms. Flores declined to comment on the episode.

    In stripping protections last year for transgender people under the Civil Rights Act, department leaders failed to consult Diana Flynn, the head of the civil rights appellate division who led the effort to add the protections in 2014, and many of her career staff.

    The process left little room for debate. “Edicts came down, and it was up to us to try to implement them,” said Ms. Flynn, who has left the Justice Department for Lambda Legal, a lesbian, gay, bisexual and transgender legal aid organization.

    Similarly, a flare-up over the Affordable Care Act this summer occurred after the department’s political leaders urged a judge to find unconstitutional two of the law’s key elements, a reversal of the government’s longstanding position.

    “This is a rare case where the proper course is to forgo defense” of existing law, Mr. Sessions said at the time, adding that Mr. Trump had approved the step. Three career lawyers withdrew from the case, including Joel McElvain, a 27-year department veteran, who made headlines by resigning in protest.

    Image

    To some career Justice Department lawyers, Rod J. Rosenstein, the deputy attorney general, represents a measure of independence because his office oversees the investigations into the president and his associates.CreditJim Lo Scalzo/EPA, via Shutterstock

    The episode prompted an all-hands meeting in June to address lingering rancor, according to two people who attended and two others briefed on the gathering.

    During the standing-room-only meeting, attendees pressed the head of the departmental branch. What were the brief’s legal flaws, they asked. Had political considerations edged out a sound legal opinion? Did department leaders consider them part of the bureaucratic “deep state” that Mr. Trump has accused of conspiring against him?

    After more than an hour, the officials running the meeting said they understood the employees’ concerns and simply encouraged them to continue doing good work.

    Attorneys general have long confronted resistance when they implement ideological initiatives that career lawyers view as outside the Justice Department’s mission.

    During the Bush administration under Alberto R. Gonzales, the department formed a task force to crack down on pornography; investigators focused on only a small swath of the most egregious examples.

    When political appointees under Mr. Holder wanted to abandon the government’s defense of “don’t ask, don’t tell,” Jody Hunt, a well-regarded career attorney, argued successfully that the department had a legal duty to defend it.

    Mr. Sessions is not bound to follow the advice of career Justice Department lawyers, “and, if he doesn’t like recommendations, to ignore them,” Mr. Litt said. “But it would be inappropriate to ask people to tailor legal judgments to policy preferences.”

    Without directly addressing the department’s positions on transgender rights or the Affordable Care Act, Ms. Flores noted that its reversals on workplace arbitration, voting rights, labor unions and the appointments of federal officials were validated by wins at the Supreme Court.

    Mr. Trump has stoked much of the unease at the Justice Department. He assailed the prosecutors who won a conviction of his former campaign chairman, and he attacked the plea agreement struck with his longtime personal lawyer. He castigated Mr. Sessions for not investigating perceived White House enemies — drawing a rare rebuke from the attorney general — and for daring to pursue cases against Republican lawmakers.

    Image

    President Trump stokes much of the unease at the Justice Department.CreditTom Brenner/The New York Times

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    The president has also frequently targeted Rod J. Rosenstein, who as deputy attorney general oversees the day-to-day operations at the department as well as the special counsel investigation. In a turnabout this month, Mr. Trump declared his relationship with Mr. Rosenstein good, to the relief of some federal prosecutors. To them, Mr. Rosenstein’s office symbolizes the department’s independence because he oversees its inquiries into the president and his inner circle.

    More unnerving, employees said, was the president’s threat to remove the security clearance of Bruce Ohr, a civil servant who worked to combat Russian mobs and oligarchs. The message, said one lawyer in the criminal division: Doing your job can make you vulnerable to a career-ending attack.

    Two former attorneys said that they stepped away from Russia-related work as a result.

    “The underlying message from Trump is that department employees are either enemies of the White House or vassals doing its bidding,” said Norman L. Eisen, who served as special counsel for ethics and government reform under Mr. Obama. Mr. Eisen is co-counsel for the plaintiffs in a lawsuit accusing Mr. Trump of violating the Constitution by maintaining a stake in his hotel in Washington.

    As a target of Mr. Trump’s high-profile rebukes, Mr. Sessions has gained cautious support even from some rank-and-file lawyers who find his culture wars zeal distasteful. They cited instances where he pushed back on Mr. Trump’s broadsides and his simply enduring months of presidential invective.

    Internal events intended to boost morale have also proved tense. Guy Benson, a Fox News commentator, was chosen to speak at a gay pride event over the objections of the department’s L.G.B.T. affinity group, DOJ Pride, Justice Department lawyers said.

    DOJ Pride members held a separate event, where one employee spoke about how progress for L.G.B.T. Americans had regressed under Mr. Trump. Department officials would not comment on the episode.

    Some of the lawyers interviewed also said that departures of respected leaders and longtime career lawyers has weakened morale. Besides Ms. Flynn, Mr. McElvain and Mr. Buckingham, others who left included Doug Letter, the head of the civil appellate branch, and David Laufman, the chief of the counterintelligence section.

    “Any given person wants to spend more time with his family,” said Benjamin Wittes, a senior fellow at the Brookings Institution and critic of Mr. Trump’s attacks on law enforcement who has heard complaints from department lawyers. “But the sudden decision by large numbers of people to spend more time with their families is a creation of the atmosphere.”

    Days after the health law brief was filed, a long-planned happy hour for former and current federal programs lawyers took on the feeling of a support group, according to people who attended. Gathered at an Irish pub near the Justice Department, colleagues told Mr. McElvain they were sorry that he was leaving but that they admired his decision.

    Some maligned the Trump administration or poked fun at Mr. Sessions. But when political appointees joined the conversation, the career lawyers, worried about being pegged as dissenters, shifted the discussion to more neutral topics.

    Correction: 

    Because of an editing error, an earlier version of this article misstated who Justice Department leaders consulted in stripping protections for transgender people. They spoke to departmental experts, though not to the head of the civil rights appellate division and her team.

    Sharon LaFraniere and Glenn Thrush contributed reporting.

    Follow Katie Benner on Twitter: @ktbenner.

    Get politics and Washington news updates via Facebook, Twitter and the Morning Briefing newsletter.

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

    I’ve commented numerous times on Sessions’s stunningly “law free approach” to his job as the nation’s top legal official. His positions never appear to be the product of any type of legitimate deliberation and reflection. Rather they essentially are lifted, sometimes almost verbatim, from “position papers” and screeds written by far-right groups, most of them driven by a White Nationalist, racially motivated, religiously intolerant views that have little appeal to the majority of Americans — even among “true conservatives” (as opposed to racists masquerading as “pseudo conservatives.”)

    Low morale has often been a significant issue among the much maligned corps of U.S. Immigration Judges. But, I’ve heard the same things reflected in this article — that morale is by far the worst that it has ever been among U.S Immigration Judges who feel that their expertise and abilities have been disrespected, discretion virtually eliminated, and their positions reduced to basically “robed representatives of DHS Enforcement” under Sessions’s White Nationalist, openly xenophobic regime.

    Sessions undoubtedly is the most glaringly unqualified Attorney General since the disgraced “John the Con” Mitchell under Nixon. But, in terms of long term damage to the entire system, Sessions probably has surpassed even “the Con.”

    PWS

    10-21-18

    GONZO’S WORLD: When The Attorney General Of The United States Is An “Equal Opportunity Hater” — NAACP’s Sherrilyn Ifill Says “Attorney General [Jeff] Sessions has made clear that he has no intention of investigating police departments for patterns and practices of discrimination. The Justice Department has essentially all but abandoned civil rights as a priority, and so they are no longer working as a partner with us.”

    Sherrilyn Ifill, 54, is a lawyer living in Maryland and New York. She became the president of the NAACP Legal Defense Fund just after President Obama was sworn in for his second term. Below, she discusses our current political situation, what gives her hope and more.

    On the Justice Department under the Trump administration: “During the Obama administration I was trying to push [Obama] further than whatever the administration was already doing in the civil rights space, because that’s kind of my job. But there’s no question that the Obama administration really worked in many instances as a partner. That is not the case now. Attorney General [Jeff] Sessions has made clear that he has no intention of investigating police departments for patterns and practices of discrimination. The Justice Department has essentially all but abandoned civil rights as a priority, and so they are no longer working as a partner with us.

    That means that our work has increased. We have had to function as a kind of private DOJ, trying to take up the slack. The DOJ and the attorney general should be the chief enforcer of the nation’s civil rights law. But what we see with Attorney General Sessions is no attempt to prioritize civil rights. In fact, to the contrary, working against us, working against civil rights implementation, working against the progress of civil rights that we’ve achieved.”

    On what she would say to President Trump if he invited her to the White House: “I cannot imagine what the circumstance of that invitation would be, so it’s an impossible question to answer. I don’t do ceremonial visits. I’m interested in substance. So there would be a lot I would have to know in advance about what was going to happen. The president has been so explicitly hostile to civil rights and racial justice that I would have to have a very clear understanding of what reversals he was prepared to make to his policies. And in the absence of those, I can’t imagine a circumstance in which I would attend such a meeting.”

    On Trump’s comments that black Americans are doing better economically than ever before: ”He does state that, and I think the figures that he uses are convenient in terms of job numbers. But look more closely at wage stagnation and, in fact, wage decreases. Look at the ways in which the failure to invest in infrastructure has left African American communities stranded in terms of transportation. Look at the voter suppression that disempowers African Americans from being able to even control their own destiny in the places where they live. Look at the assault on education and the ways in which the Department of Education is prepared to leave students who are victims of for-profit colleges stranded. Look at the ways which they are seeking to fight and undercut affirmative action. All of these are also part of economic opportunity. And the president conveniently leaves that out of the narrative. Those are things that are necessary to give African Americans a chance.”

    On her book about the legacy of lynchings in America, and what the country needs to heal: “What America does not need, in my view, is one national conversation. The book really makes the case for the importance of local communities engaging in truth and reconciliatory processes. The recognition that racial discrimination, and particularly acts of racial pogroms, which essentially is what happened in the period in which lynching was so prevalent in this country, that those local communities need to deal with that, grapple themselves with that history and themselves take on the responsibility for how you stitch back together a community that has been broken for decades, how you confront a painful truth.”

    On what gives her hope: “I’m excited to see the continuous mass mobilization that people have engaged in, beginning with the Women’s March and continuing since then, in which people understand the need to come out of their homes to see one another and to say what they believe in. I’ve also really been encouraged by the ways in which the rule of law, for the most part, has held despite President Trump’s excesses. The crisis of this administration’s governance has compelled people to reimagine what it means to be a real citizen in this country. And that gives me optimism, because I think the other way was not sustainable. The benign citizenship performance that most Americans were engaged in was simply not sustainable. Now people understand that they are needed. Their voice is needed, every vote is needed, their engagement is needed.”

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

    Undoubtedly, our Civil Rights Laws were passed to protect African-Americans and similarly situated individuals so that they could enjoy the same advantages and benefits once accorded only to Whites. But, Jeff Sessions believes that civil rights are just about protecting White Power & Privilege against African-Americans, Hispanics, immigrants, LGBTQ individuals and other “uppity” minorities.

    Similarly, the Bill of Rights was adopted to protect individual rights against Government overreach. But, Jeff Sessions believes that the right of police to enforce the law using brutality and unnecessary and indiscriminate force is superior to the individual Constitutional rights of people of color.

    The solution to restoring reason and the true rule of law (not the perverted “rule of Sessions”): regime change!

    PWS

    09-23-18

     

     

     

    GONZO’S WORLD: THIS IS WHY HE STAYS: UNDERNEATH ALL THE “TRUMP NOISE” SESSIONS IS METHODICALLY ERADICATING DUE PROCESS, PERVERTING THE LAW, & TURNING ONE OF THE LARGEST FEDERAL COURT SYSTEMS INTO A “KILLING FLOOR” TARGETING OUR MOST VULNERABLE & DESERVING REFUGEES! — “[Sessions] is dumbing down the judges and treating them like assembly-line workers whose only job is to stamp out final orders of removal.”

    https://www.motherjones.com/politics/2018/09/jeff-sessions-is-executing-trumps-immigration-plans-with-a-quiet-efficient-brutality/

    Sophie Murguia and Kanyakrit Vongkiatkajorn report for Mother Jones:

    Jeff Sessions Is Executing Trump’s Immigration Plans With a Quiet, Efficient Brutality

    The attorney general’s systematic gutting of immigration courts is the latest example.

    Over the past few months, Attorney General Jeff Sessions has faced fierce criticism for his role in the Trump administration’s family separation policy. But while the White House continues to deal with the fallout from tearing kids away from their parents at the border, Sessions has been busy orchestrating another, much quieter attack on the country’s immigration system.

    Tensions have been simmering for months between the attorney general and the hundreds of judges overseeing immigration courts, but they reached a new high in July. The flashpoint was the case of Reynaldo Castro-Tum, a Guatemalan man who was scheduled to appear in a Philadelphia immigration court, but had repeatedly failed to turn up. The judge, Steven Morley, wanted to determine whether Castro-Tum had received adequate notice, and rescheduled a hearing for late July. But instead of waiting for that appointment, the Justice Department sent a new judge from Virginia to take over the case. Judge Deepali Nadkarni subsequently ordered Castro-Tum deported.

    The move sparked immediate outcry: The National Association of Immigration Judges, a union representing about 350 immigration judges, filed a formal grievance, and 15 retired immigration judges released a public statement condemning the action. “Such interference with judicial independence is unacceptable,” they wrote.

    This was just the latest of many accusations that Sessions and his Justice Department were interfering with judicial independence in immigration courts. Since the beginning of the year, the attorney general has severely limited judges’ ability to manage their cases, increased pressure on judges to close cases quickly, and dramatically reshaped how America determines who it will shelter. While Sessions isn’t the first attorney general to exercise these powers, immigration advocates say he’s using his authority in unprecedented ways and as a result severely limiting due process rights for migrants.

    Unlike most courts, immigration courts are housed within the executive branch, meaning immigration judges are actually DOJ employees. Sessions is therefore ultimately in charge of hiring judges, evaluating their performance, and even firing them. He can also refer cases to himself and overrule previous judges’ decisions, setting precedents that effectively reshape immigration law.In a little more than six months, Sessions has issued four consequential decisions on immigration cases he referred to himself, in some instances overturning decades of legal precedent. Attorneys general under the Obama administration used that power only four times over eight years.

    “We’re seeing Attorney General Sessions take advantage of the structural flaws of the immigration court system,” says Laura Lynch, the senior policy counsel at AILA, which has joined the judges’ union in asking Congress to make the immigration courts independent of the Justice Department.

    Sessions’ changes have been “extremely demoralizing,” says Dana Leigh Marks, president emeritus of the National Association of Immigration Judges. “I’ve been in the field for 40 years, and I have never seen morale among immigration judges so low.”

    Here are the biggest ways Sessions is attacking the immigration courts:

    It’s now much more difficult to apply for asylum

    In June, Sessions overturned a decision granting asylum to a Salvadoran woman, known in court documents as A-B-, who had escaped an abusive husband. He used the case as an opportunity to declare that migrants can’t generally be given asylum based on claims of domestic abuse or gang violence—a catastrophic blow to the tens of thousands of Central American migrants fleeing these dangers.

    Sessions’ decision, though, doesn’t just affect how judges can rule. US Citizenship and Immigration Services, the agency that helps process asylum cases, interpreted his decision to mean that survivors of domestic and gang violence usually won’t pass their initial “credible fear” interviews after they cross the border—a first step that determines whether asylum seekers are even allowed to make their case before a judge. As Mother Jones’ Noah Lanard has reported, immigration lawyers say they’ve seen “overwhelming” numbers of migrants denied at the credible fear interview stage since Sessions’ decision.

    In a statement, a group of former immigration judges described this decision as “an affront to the rule of law,” pointing out that it challenges longstanding protections for survivors of gender-based violence. “Women and children will die as a result of these policies,” Michelle Brané, the director of the Migrant Rights and Justice program at the Women’s Refugee Commission, told Mother Jones when the decision was first announced.

    A group of asylum seekers is now suing Sessions in federal court, arguing that this new policy violates due process rights and contradicts existing immigration law. They say that the policy’s sweeping generalizations ignore the requirement that each case be heard on its own merits.

    Making matters even more complicated, in another decision earlier this year, Sessions vacated a 2014 precedent that guaranteed asylum applicants have the right to a full hearing before a judge can decide on their case. “The implications of [the new decision] are tremendous,” says Karen Musalo, director of the Center for Gender and Refugee Studies at the University of California Hastings College of Law and one of the lawyers representing A-B- and the asylum seekers suing Sessions. “It’s basically saying that a judge can decide a case on the papers alone, and not allow an individual the right to present their case in front of that judge.”

    Judges have less control over their case loads …

    This summer wasn’t the first time Castro-Tum’s case drew national attention. Judge Morley had “administratively closed” the case back in 2016—a common step that judges have used to set aside thousands of cases, oftentimes when immigrants had no criminal background or had been in the US for many years and had family ties. Though the cases weren’t technically closed, they were put on hold and typically never re-opened, usually so judges could focus on higher-priority cases.

    Earlier this year, Sessions re-opened Castro-Tum’s case by referring it to himself, and used it to severely restrict when judges could use administrative closure. That sent the case back to Morley, which is how the DOJ ended up replacing the judge and sparking widespread outrage.

    The judges union has said that administrative closure is an important and necessary tool for judges to manage their caseloads, and removing it would result in an “enormous increase” in a court backlog that’s already piling up with almost 750,000 cases. Sessions’ decision also noted that cases which had previously been administratively closed, such as Castro-Tum’s, could now be re-opened, potentially adding thousands more cases to the backlog and creating further uncertainty for the defendants.

    … and will have to move through them more quickly

    In a somewhat related move, in April, Sessions and the Justice Department announced new performance metrics for judges. According to a DOJ memo, judges would now need to complete at least 700 cases a year, as well as close cases within a certain time period, in order to receive a satisfactory performance review. If they fail to receive satisfactory marks, judges could potentially lose their jobs or be relocated. According to the memo, judges currently complete on average 678 cases a year. The new measures will go into effect October 1.

    The judges’ union, legal scholars, and other associations have strongly criticized the move, noting that case quotas would place enormous pressure on judges to quickly complete cases and affect their ability to fully hear cases—likely leading to more deportations.

    “A tough asylum case takes about three to four hours to complete, but they’re pushing judges to schedule three or four cases a day, which is probably twice as many as most judges could do and do a good job on…It’s basically inviting people to cut corners,” says Paul Schmidt, a retired immigration judge who has been a vocal critic of the Trump administration. “[Sessions] is dumbing down the judges and treating them like assembly-line workers whose only job is to stamp out final orders of removal.”

    It’s harder for them to reschedule cases

    On August 16, Sessions limited the ability for judges to issue continuances, which they did to postpone or reschedule removal cases, often when a defendant was waiting for a visa or another kind of immigration benefit and needed time to resolve their pending applications. Sessions has determined judges can now only issue continuances under a “good cause” standard, such as when an immigrant is likely to succeed in their attempt to stay in the US, either by winning an asylum hearing or receiving a visa.

    Several retired immigration judges sent a letter to Sessions the next day, calling his decision on continuances a “blow to judicial independence.” They noted that some judges may receive from 10 to 15 requests for continuances a day—and would now need to spend time writing decisions on them, in addition to hearing their cases. “Immigration Judges should be treated as judges, and should be afforded the independent judgment that their position requires, including the basic power to control and prioritize their own case dockets,” the retired judges wrote. Advocates have also expressed concerns that immigrants could now be deported while waiting for another immigration benefit that would have given them legal status.

    And as more judges retire, Sessions gets to staff up

    Marks, of the judges union, notes there’s been a “tsunami” of retirements over the past two years. “Members of the association are telling us [that] they are leaving at the earliest possible opportunity or choosing to leave now because of the actions of the current administration,” she says. “They do not feel supported. They do not feel that they are free to make the decisions they need to make.”

    Given the retirements, Sessions will have the ability to reshape the courts even further: Since January 2017, the DOJ has sworn in 82new immigration judges, and plans to hire at least 75 more this fall. Sessions has also worked to cut down the time it takes to hire judges.

    What’s more, the Justice Department has faced allegations of politicized hiring. In April, House Democrats sent a letter to Sessions expressing concern that the DOJ had blocked several judges’ appointments for ideological reasons. The DOJ said in a statement to CNN that it “does not discriminate potential hires on the basis of political affiliation.”

    Finally, while the DOJ has a long history of hiring judges with immigration enforcement backgrounds, the judges union has expressed concern that the DOJ may now be “over-emphasizing litigation experience” in its hiring practices, and “created even more skewed appointment practices that largely have favored individuals with law enforcement experience over individuals with more varied and diverse backgrounds.” As of last year, a little over 40 percent of immigration judges previously worked at the Department of Homeland Security.

    Schmidt, the retired immigration judge, says he’s worried that even more new judges will come from prosecutorial backgrounds. “Who would really want to work for Sessions, given his record, his public statements?” he asks.

    Under Sessions, he says, the immigration court “has become a deportation railway.”

     

    Sent from my iPad
    **********************
    Great article, bringing together “all of the threads” of Sessions’s White Nationalist destruction of the U.S. Immigration Courts and his vicious racially-motivated attack on refugees from the Northern Triangle, particularly abused women and children.
    For many years, “Gonzo Apocalypto” was a GOP “back bencher” in the Senate. His White Nationalist, restrictionist agenda was too much even for his GOP colleagues. His views were quite properly marginalized.
    Suddenly, Trump runs for President on an overtly racist, White Nationalist, xenophobic platform. That’s music to Gonzo’s ears and he becomes the earliest Senate supporter.
    Wonder of wonders, Trump wins, makes Sessions clone Stephen Miller his top immigration adviser, and appoints Gonzo as AG. His eyes light up. Suddenly, he’s free to dismember the entire Immigration Court, sack it’s Due Process vision, and attack migrants and refugees of color, particularly women, children, and families in ways that are both life threatening and permanently damaging.
    He also gets a chance to dismantle civil rights protections, promote homophobia, disenfranchise minority voters, favor far right Evangelical Christianity, fill up prisons with the poor, black, and Hispanic, encourage police brutality against minorities, screw criminal defendants, disregard facts, harm refugees, and, icing on the cake, protect and promote hate speech. It’s a “dream come true” for a 21st century racist demagogue.
    That Trump has mindlessly attacked his most faithfully effective racist, White Nationalist Cabinet Member says more about Trump than it does Sessions. Sessions is going to continue socking it to immigrants and minorities for just as long as he can. The further back into the era of Jim Crow that he can push America, the happier he’ll be when he goes on to his next position as a legal analyst for Breitbart or Fox.
    Until then, there will be much more unnecessary pain, suffering, degradation, and even death on tap for migrants and their families.
    Join the New Due Process Army — stand up against Session’s White Nationalist Agenda!
    PWS
    09-08-18

    GONZO’S WORLD: HOW SESSIONS IGNORES FACTS AND MISREPRESENTS STATISTICS TO SUPPORT HIS PRE-ORDAINED RACIST, WHITE NATIONALIST AGENDA! — “[A] bid to supplant facts and expertise with an ideological agenda.”

    https://www.nbcnews.com/politics/immigration/trump-admin-rejected-report-showing-refugees-did-not-pose-major-n906681

    Dan De Luce and Julia Edwards Ainsley report for NBC News:

    WASHINGTON — The Trump administration has consistently sought to exaggerate the potential security threat posed by refugees and dismissed an intelligence assessment last year that showed refugeesdid not present a significant threat to the U.S., three former senior officials told NBC News.

    Hard-liners in the administration then issued their own report this year that several former officials and rights groups say misstates the evidence and inflates the threat posed by people born outside the U.S.

    At a meeting in September 2017 with senior officials discussing refugee admissions, a representative from the National Counterterrorism Center came ready to present a report that analyzed the possible risks presented by refugees entering the country.

    But before he could discuss the report, Associate Attorney General Rachel Brand dismissed the report, saying her boss, Attorney General Jeff Sessions, would not be guided by its findings.

    “We read that. The attorney general doesn’t agree with the conclusions of that report,” she said, according to two officials familiar with the meeting, including one who was in the room at the time.

    Brand’s blunt veto of the intelligence assessment shocked career civil servants at the interagency meeting, which seemed to expose a bid to supplant facts and expertise with an ideological agenda. Her response also amounted to a rejection of her own department’s view, as the FBI, part of the Justice Department, had contributed to the assessment.

    “She just dismissed them,” said the former official who attended the meeting.

    The intelligence assessment was “inappropriately discredited as a result of that exchange,” said the ex-official. The episode made clear that “you weren’t able to have an honest conversation about the risk.”

    A current DHS official defended the administration’s response to the intelligence assessment, saying immigration policy in the Trump administration does not rely solely on “historical data about terrorism trends,” but rather “is an all-of-the-above approach that looks at every single pathway that we think it is possible for a terrorist to come into the United States.”

    A spokeswoman for DHS said, “If we only look at what terrorists have done in the past, we will never be able to prevent future attacks … We cannot let dangerous individuals slip through the cracks and exploit our refugee program, which is why we have implemented security enhancements that would prevent such violent individuals from reaching our shores, while still upholding our humanitarian ideals.”

    The Justice Department did not respond to a request for comment in time for publication.

    Following the dismissal of the assessment, anti-immigration hard-liners in the administration clashed with civil servants about how to portray the possible threat from refugees in documents drafted for inter-agency discussions, former officials said. In the end, the president’s decision last year to lower the ceiling for refugee admissions to 45,000 did not refer to security threats, but cited staffing shortages at DHS as the rationale. But once the decision was issued, the White House released a public statement that suggested the president’s decision was driven mainly by security concerns and said “some refugees” admitted into the country had posed a threat to public safety.

    An Afghan refugee sleeps on the ground while another looks out a window in an abandoned warehouse where they and other migrants took refuge in Belgrade, Serbia, on Feb. 1, 2017.
    An Afghan refugee sleeps on the ground while another looks out a window in an abandoned warehouse where they and other migrants took refuge in Belgrade, Serbia, on Feb. 1, 2017.Muhammed Muheisen / AP file

    “President Donald J. Trump is taking the responsible approach to promote the safety of the American people,” said the Sept. 29 statement.

    Political appointees in the Trump administration then wrote a new report a few months later that seemed to contradict the view of the country’s spy agencies.

    The January 2018 report by the Departments of Justice and Homeland Security stated that “three out of every four, or 402, individuals convicted of international terrorism-related charges in U.S. federal courts between September 11, 2001, and December 31, 2016 were foreign-born.”

    In a press release at the time, DHS Secretary Kirstjen Nielsen said the report showed the need for tougher screening of travelers entering the country and served as “a clear reminder of why we cannot continue to rely on immigration policy based on pre-9/11 thinking that leaves us woefully vulnerable to foreign-born terrorists.”

    But the report is being challenged in court by several former officials and rights groups who say it inflates the threat posed by people born outside the U.S. Two lawsuits filed in Massachusetts and California allege the report improperly excludes incidents committed by domestic terrorists, like white supremacists, and wrongfully includes a significant number of naturalized U.S. citizens and foreigners who committed crimes overseas and were brought to the United States for the purpose of standing trial.

    Rachel Brand
    Associate Attorney General Rachel Brand speaks during the opening of the summit on Efforts to Combat Human Trafficking at Department of Justice in Washington, on Feb. 2, 2018.Jose Luis Magana / AP file

    Mary McCord, former assistant attorney general of the Justice Department’s National Security Division, which prosecutes terrorism charges, said the January 2018 report is “unfortunately both over-inclusive and under-inclusive.”

    When the report was released in January 2018, Trump tweeted that it showed the need to move away from “random chain migration and lottery system, to one that is merit based” because it showed that “the nearly 3 in 4 individuals convicted of terrorism-related charges are foreign-born.”

    But the report only focuses on international terrorism, which is defined as a crime committed on behalf of a foreign terrorist organization. The document excludes domestic terrorism committed by groups such as white supremacists or anti-government militias, which are more likely to be supported by those born in the U.S.

    Because of the way the terrorism statute is written, those who support domestic organizations like anti-government or white supremacists groups cannot be charged with terrorism, even if the groups they support have committed crimes. Only supporters of foreign terrorist organizations designated by the State Department can be charged with “material support” of terrorism.

    Still, Trump has repeatedly stated that the overwhelming majority of terrorists in the United States came from overseas, even before the 2018 report.

    In his first speech to Congress in February 2017, Trump said that the “vast majority of individuals convicted of terrorism and terrorism-related offenses since 9/11 came here from outside of our own country.”

    Benjamin Wittes, a senior fellow at the Brookings Institution, MSNBC legal analyst and editor-in-chief of the Lawfare blog, took issue with that statement and sued the Justice Department to provide documents that backed up the president’s claim. But the Department was unable to locate any records.

    “There are a lot of domestic terrorism cases, and they are generally not committed by people born abroad. To the extent that those cases were excluded — white supremacist violence, anti-abortion terrorism and militia violence — the inquiry is grossly biased,” Wittes wrote on Lawfare.

    Wittes said that almost 100, or about a quarter, of the 402 individuals listed as foreign-born terrorists committed their crimes overseas and were brought to the U.S. to face trial.
    Stephen Miller
    White House senior adviser Stephen Miller at roundtable discussion on California immigration policy at the White House on May 16.Evan Vucci / AP file

    During her time in government as the chief of the Refugee Affairs Division at U.S. Citizenship and Immigration Services, Barbara Strack said her staff worked diligently to thoroughly vet refugees for any possible terrorist links. But she said there was no information she came across that indicated refugees posed a significant security threat.

    “I did not see evidence that refugees presented an elevated national security risk compared to other categories of travelers to the United States,” she told NBC News.

    The administration must decide by the end of the month how many refugees to allow in the country in the next fiscal year. Trump’s senior adviser, Stephen Miller, known for his hawkish stance on immigration, has been pushing for a drastic reduction in the ceiling.

    The cap was set at 45,000 last year, but the number of refugees allowed in the country has fallen far below that ceiling, with only about 20,000 resettled in the United States since October 2017. Rights advocates and former officials accuse the White House of intentionally slowing down the bureaucratic process to keep the numbers down, overloading the FBI and other government agencies with duplicative procedures.

    This level of total intellectual dishonesty, overt racism, and policy driven solely by a White Nationalist philosophy and political agenda by an Attorney General is unprecedented in my experience at the DOJ.
    If you remember, Brand escaped to a “soft landing” in the private sector earlier this year. One of my theories is that she was trying to protect herself and her reputation for a future Federal Judgeship. If and when that happens, I hope that those serving on the Senate Judiciary Committee will remember her completely sleazy role in carrying Sessions’s racist-polluted water on this one. Someone with no respect for facts, the law, humanity, or professional expertise definitely does not deserve to be on the Federal Bench!
    And for Pete’s sake don’t credit Sessions with any integrity whatsoever in not resigning under pressure from our “Mussolini Wannabe.” He’s not “protecting” the Mueller investigation or anything else worthy in the DOJ. In fact, he has wholly politicized the DOJ and taken it down into the gutter. The reason he “hangs on” is not because he respects the Constitution or rule of law. Clearly, he doesn’t! No, it’s because he wants to do as much damage to civil rights and people of color as he can during his toxic tenure.
    Make no mistake, that damage he has done, as has been reported elsewhere, is very substantial. It has set the goals that Dr. Martin Luther King and others fought for and even gave their lives for back by decades. Despicable!

    Sessions’s White-Nationalist driven lies and false narratives about refugees are described above. For the truth about refugees and immigrants and all of the great things they have done and continue to do for our country, see my recent post at https://wp.me/p8eeJm-313.

    Due Process Forever — Jeff Sessions Never!

    PWS

    09-07-18