"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
“Washington (CNN)One of the Trump administration’s top immigration policy staffers is leaving the Department of Homeland Security to join the attorney general’s office at the Department of Justice — reuniting him with Jeff Sessions.
Gene Hamilton, a senior counselor to the Homeland Security secretary since January and top immigration policy expert for the administration, confirmed the move to CNN.
Hamilton’s departure will be a blow to Homeland Security’s policy shop, sources familiar with the situation said. The agency is tasked with managing the vast majority of the administration’s immigration portfolio.
But the move will reunite Hamilton, a former Sessions staffer, with the Cabinet’s strongest immigration policy hardliner, an early supporter of President Donald Trump who has been a key proponent of his aggressive immigration agenda from his perch at DOJ.
Hamilton was a general counsel for Sessions on Capitol Hill and will work directly with the attorney general in his new role. The switch is tentatively expected to begin next week, the sources said.
. . . .
While the move would take Hamilton out of the development of DHS immigration policies, where the secretary’s office oversees components including Immigration and Customs Enforcement, Customs and Border Protection and US Citizenship and Immigration Services, DOJ under Sessions has been taking a stronger role in immigration policy during this administration.
Sessions himself remains a thought leader in the administration on the tough immigration agenda of the President, and DOJ manages the nation’s Immigration courts.
Justice also is charged with representing the government in litigation — which would include all the sanctuary cities litigation, DACA lawsuits and ongoing travel ban litigation.“
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Read Tal’s complete report at the link.
With the DOJ abandoning the last pretenses of objectivity and assuming the “point position” on the Administration’s xenophobic anti-immigrant agenda, how could Immigration Courts held “captive” within the DOJ possibly provide individuals with the “fair and unbiased decision-making” required by the Due Process Clause of our Constitution? Only an independent Article I Court can save this deeply compromised system!
“In a recent address at EOIR headquarters, Attorney General Jeff Sessions blamed the immigration courts’ present backlog of over 600,000 cases on asylum fraud. In order to lend support to his claim, Sessions conveniently omitted some important facts.
First, Sessions somehow failed to mention that after gaining majority control in the 2010 midterm elections, Republicans in Congress forced a hiring freeze, followed by a “sequester” requiring government-wide budget cuts. EOIR was not able to hire immigration judges or other support staff, while suffering personnel departures. In 2015 testimony to Congress by EOIR’s then director, the late Juan Osuna attributed much of the 101 percent increase in the immigration court’s backlog over the preceding five years to the hiring freeze. Furthermore, the sequester’s budget cuts rendered EOIR unable to replace obsolete computer servers, which resulted in a total system failure in 2014 which wreaked havoc on the courts for more than 5 weeks. These Republican-created problems coincided with the 2014 surge along the southern border of legitimate refugees fleeing increased violence in the Northern Triangle region of El Salvador, Guatemala, and Honduras. The 2014 violence was followed by a 70 percent increase in the murder rate in El Salvador the following year, which, according to a January 2016 article in The Guardian, made it the most dangerous peacetime country in the world.
EOIR publishes a statistical yearbook each year; the most recent is for fiscal year 2016. The report divides asylum claims into affirmative and defensive categories. Defensive applications are filed by individuals who find themselves in removal proceedings facing deportation from the U.S. Some are detained; some are not represented by attorneys. The majority of these individuals are eligible to apply for only one form of relief: asylum. Given the fact that most people in removal proceedings would like to remain in the U.S. and avoid deportation, it is not surprising that a number of these individuals file applications for the only form of relief that might keep them here, even if the likelihood of success is a longshot. Nevertheless, in FY 2016, 31 percent (i.e. nearly a third) of these defensive claims for asylum were granted by immigration judges, according to EOIR’s own numbers.
The second category of asylum applicants listed in EOIR’s annual report consists of affirmative applicants. These are individuals who are not detained or in imminent danger of deportation. Nevertheless, these individuals decided to come forward and apply for asylum, bringing themselves to the attention of DHS and risking deportation should their claims be denied. In FY 2016, EOIR reported that 83 percent of such claims were granted by immigration judges. It should be noted that affirmative applicants are first interviewed by asylum officers with USCIS, a component of DHS. DHS grants asylum to those applicants it deems approvable, and refers the rest to EOIR. So if the cases granted by DHS are added to the EOIR numbers, the grant rate is actually higher.
In removal proceedings, asylum applications are contested by DHS trial attorneys, who nearly always subject asylum applicants to detailed cross-examination.. DHS attorneys may send evidence submitted by asylum applicants for consular investigation in the country of origin, or for forensics examination to determine if there is evidence of fabrication or alteration. The DHS attorneys may also check other databases for evidence that may conflict with the information provided in the asylum application. DHS may offer any results that might indicate fraud into evidence. Sessions falsely claims that “there is no way to reasonably investigate the claims of an asylum applicant in their own country;” in my 12 years as an immigration judge, I was presented with the results of many such in-country consular investigations. I also commonly received reports and heard testimony from forensics examiners employed by DHS.
In addition, in response to reports of fraud, Congress included provisions in the 2005 REAL ID Act that gave immigration judges greater authority to find that asylum applicants lacked credibility. The legislation also made it more difficult to establish asylum eligibility by requiring that one of the five statutorily protected grounds (i.e. race, religion, nationality, membership in a particular social group, or political opinion) be “one central reason” for the feared persecution. Also, the BIA has spent the last 11 years issuing precedent decisions that increase the difficulty of establishing asylum eligibility.
And in spite of all of the above, immigration judges last year found more than 8 of 10 affirmative asylum applicants to be legitimate. The IJs granting these claims are employees of the Attorney General’s own Department of Justice. Immigration Judges are appointed by the Attorney General, and come from a variety of backgrounds. Many previously worked on the enforcement side; many are Republican appointees. Sessions claims that “vague, insubstantial, and subjective claims have swamped our system.” If true, how are more than 80 percent being granted by judges that he and his predecessors appointed?
So then where is the evidence of widespread asylum fraud supporting Sessions’ assertion? What support does he provide in claiming that “any adjudicatory system with a grant rate of nearly 90 percent is inherently flawed?” Why would that be true of the applicants in question chose to come forward and apply for asylum; their claims were screened and prepared by competent attorneys; and where the immigration laws contain significant penalties for filing fraudulent claims, including a lifetime bar on any and all immigration benefits?
About three years ago, while I was the country conditions expert for EOIR, I was one of a number of EOIR employees invited by DHS to attend a training session on country conditions in the Northern Triangle region of El Salvador, Nicaragua, and Honduras. The presenters described horrific conditions in the lawless Northern Triangle, in which murders occur with impunity, boys as young as 7 years old are recruited for gang membership, 11 year old girls are raped, and their fathers killed if they try to intervene. The presenters concluded that in spite of the danger, parents are making very informed decisions in paying to have their children smuggled north under dangerous conditions, considering the horrible conditions at home. Remember, this was not a program put on by Amnesty International; this was DHS training its asylum officers. I enlisted one of the presenters to repeat his presentation for the immigration judges at their training conference the following year. Is Sessions somehow unaware of this information when he portrays such claims as fraudulent?
In support of his fraud claim, Sessions stated that many who were found to have a credible fear of persecution and paroled into the U.S. did not subsequently apply for asylum. However, he neglected to mention that many of those parolees are unaccompanied children. He also did not mention that many parolees cannot afford attorneys, and that pro bono groups’ limited resources are completely overwhelmed by the number of asylum seekers, and that those dedicated pro bono programs who have attempted creative approaches such as providing limited pro bono assistance to pro se applicants have been hampered by EOIR itself, which issued a “cease and desist” letter to at least one such program, the highly regarded Northwest Immigrant Rights Project.
Sessions referenced a 2014 investigation resulting in the arrest of 8 attorneys for engaging in asylum fraud. There are thousands of immigration attorneys in the United States. The overwhelming majority are honest, hardworking and highly respectful of our laws. Since departing the government I been inspired by the seriousness with which private immigration attorneys treat asylum matters. When attorneys speak of a client being granted asylum, they nearly always describe years of preparation, a lengthy hearing, well-researched legal theories, and loads of supporting evidence, often including expert witnesses. These are not half-hour hearings; they are exhausting, contested matters that can last many hours. The attorneys engaged in such work should be applauded for their efforts. And I can’t express enough admiration for the hundreds of immigration judges who, in spite of the pressure created by a daunting workload and biased remarks by the Attorney General they report to, nevertheless continue to afford due process and render fair and impartial judgement on those appearing before them.
Copyright 2017 Jeffrey S. Chase. All rights reserved.”
Reprinted with permission.
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Right on Jeffrey! Thanks for your incisive commentary and analysis!
Gonzo’s extensive record of lies, omissions, intentional distortions, bias, and willful ignorance make him unqualified for any position of public trust, let alone the chief legal official of the US! The inappropriateness of placing such an individual in charge of the US Immigration Courts is simply jaw dropping!
Sen. Liz Warren was right! Our country and our entire system of justice are suffering because a majority of her colleagues “tuned her out!” Speaking truth to power is seldom easy.
“Judy London merges onto the freeway, heading northeast toward a high desert already baking under a recently risen sun. From West Los Angeles, she faces a two-hour, 100-mile drive to the Adelanto Detention Facility to meet a client who is being deported. The commute time can double if rush-hour traffic is particularly bad.
London arrives at the facility and walks up a concrete path flanked by gravel to the detention facility’s entrance. Once inside, rows of chairs and lockers greet her, as does a guard. She checks in but can’t meet her client yet — the facility is undergoing its daily head count, and she has to wait until it’s finished.
It can take another hour from this moment. London still has to be cleared through security and have a guard escort her client to her.
Finally, she has to wait for an interview room. Adelanto Detention Facility has an average daily population of 1,785, but only a handful of rooms designated for lawyer-client meetings. And once a room is available, she’ll have to take all her notes by hand. The facility prohibits the use of phones, laptops and other electronic devices.
London, like many immigration attorneys, spends a lot of time just trying to meet face-to-face with her clients. It’s a good day when she actually meets them. On bad days, she can spend hours traveling, only to be turned away.
The facility in recent months has refused entrance to attorneys for a variety of reasons, including a chickenpox outbreak and hunger strikes.
“Generally, it is far easier for me, as an attorney, to walk into a high-security local or federal prison unannounced to visit a client than it is to get into a detention facility to see someone. And that is odd,” said London, directing attorney for Public Counsel’s Immigrants’ Rights Project.
::
Most immigrants detained by Immigration and Customs Enforcement while their deportation cases are being considered don’t have an attorney.
Immigration detention is considered civil detention and, as a result, detainees do not have a right to counsel as they would in criminal cases.
Immigration attorneys say geography is a significant hurdle.
Many ICE facilities in the U.S. are located in smaller cities, hours from cities where most legal aid organizations operate. So even if the government makes legal aid resources available, they can be miles away.
About 30% of detained immigrants are held in facilities more than 100 miles from the nearest government-listed legal aid resource, according to a Times analysis of 70 ICE detention centers.
Of these, the median distance between the facilities and the nearest government-listed legal aid was 56 miles.
The farthest is Etowah County Detention Center in Gadsden, Ala. Alabama doesn’t have an immigration court, so immigrants detained there are referred to the Loyola Law Clinic — 408 miles away in New Orleans.
Immigrants facing deportation are provided with a list of available pro bono legal aid and services. The list is administered by the Justice Department’s Executive Office for Immigration Review, which calls it an “essential tool.”
Providers on the pro bono list — mostly nonprofits — aren’t required to offer free services to every detainee, according to the Justice Department, and only a lucky few get help from pro bono lawyers.
UCLA law professor Ingrid Eagly analyzed 1.2 million deportation cases between 2007 and 2012 and found that just 2% of immigration detainees had free legal representation. Most immigrant attorneys came from solo practitioners or small firms.
The location of detention facilities in remote locations can pose a logistical challenge to the court system as well as the attorneys. Court procedure can vary by jurisdiction. Some have judges at the facility. Some conduct business by teleconference. Some use a combination of the two.
. . . . .
ICE officials did not answer specific questions about why detained immigrants are significantly less likely to obtain counsel or allegations that systemic hurdles limit access to legal representation.
The agency has previously said that it is “very supportive and very accommodating” to detainees who wish to have a lawyer. ICE spokeswoman Jennifer D. Elzea said the department maintained that position.
“ICE is committed to allowing detainees access to visits, telephones, legal counsel and law library resources. Additionally, all facilities have notifications posted throughout providing information about pro bono legal services,” Elzea said in a statement.
No attorney or legal aid group interviewed for this report agreed with ICE’s position.
“The government is locking people up in remote jails and prisons hundreds of miles from attorneys, and arguing that having phones there that sometimes work is sufficient access to counsel,” National Immigrant Justice Center Executive Director Mary Meg McCarthy said in response to ICE’s statement.
“The government spends billions of dollars to sustain — and expand — a system that obstructs lawyers’ ability to defend their clients’ due process rights. We’ve been told by ICE that the agency does not consider availability or proximity of counsel as any part of its assessment of the suitability of a new detention center, and we have no reason to believe that it cares at all whether people in detention have lawyers,” she said.
Immigrant rights proponents see little chance of reform under President Trump.
The administration’s executive orders on immigration have reversed enforcement priorities. Arrests increased by 37.6% during Trump’s first 100 days in office compared with the same period in 2016, according to ICE data.
The fight for reform will take place in more liberal cities and states, and through the efforts of legal aid groups.
The Southern Poverty Law Center recently started the Southeast Immigrant Freedom Initiative. The goal is to provide counsel to every detained immigrant in the Southeast — a region with a high number of deportation cases.
But the program, said Dan Werner, who directs the initiative, was a stopgap measure built out of necessity.
“The real solution is systemic reform of immigration policy,” he said.
In March, New York became the first state to dedicate funding to providing pro bono legal services to every detained immigrant.
And in June, California lawmakers put $45 million in the state budget to expand legal services for immigrants.
Attorneys and advocates view such measures as incremental.
“In most cases, there won’t be accountability in the government,” London said, “so there’s no incentive for them to address it.”
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Read the complete article at the link.
Next time you hear Jeff “Gonzo Apocalyto” Sessions deliver one of his self-righteous, fact-free attacks on asylum seekers and their advocates, remember that the REAL FRAUDSTER HERE IS “GONZO” HIMSELF and his knowingly false narrative about asylum seekers that he uses to “cover up” the intentional abuses of legal and human rights being carried out by ICE and EOIR under his direction. Accountability, addressing the real need for reforms in the immigration enforcement and Immigration Court systems to insure Constitutional Due Process? Not going to happen on “Gonzo’s Watch.”
“What would you do if your brother was murdered, and your child had received death threats? How would you respond if you had been repeatedly raped, and your government did nothing to protect you?
These are the situations our clients have faced. They have traveled hundreds of miles to the United States to save their families’ lives. And they have done so legally, seeking asylum through our nation’s immigration courts.
Last week, Attorney General Jeff Sessions called these families liars. He bemoaned the role of “dirty immigration lawyers” and described the U.S. asylum system as an “easy ticket” to entry.
Nothing could be further from the truth. When these families arrive in the United States they are held in private prisons. Young children and their mothers live in cells with strangers. Fathers and children over 18 are detained on their own. Few receive adequate medical care, and any legal help they obtain is largely provided by overworked nonprofit agency staff.
Despite these conditions, the families persevere. Children celebrate their first birthdays and take their first steps in detention. Spouses write love letters from their respective cells.
And for families who secure their release from detention — after establishing a “credible fear” of return — they want nothing more than to comply with our laws to avoid family separation once more.
Sessions claimed the federal government found a credible fear in 88 percent of cases, and said that any system with such a high passage rate means the system is “inherently flawed.”
But this reasoning is false. Each year, more than 90 percent of medical students pass their board exams. They do not pass because they cheat, or because the exams are inherently flawed. They pass because they are self-selected, having excelled despite years of challenges and setbacks.
The same is true of asylum seekers. Few would be willing to endure family separation and the incarceration of their child unless the stakes were life and death. Those who make it through the credible fear process are self-selected, with genuine fear of return.
Unfortunately, a credible fear interview is just the first stage in seeking asylum. And the government does little to explain to asylum seekers what they must do next.
. . . .
Asylum seekers have every incentive to comply with our laws. If they cannot win their asylum cases, they must live in the shadows, with no pathway to citizenship and little guarantee of avoiding deportation back to the danger they fled. They simply cannot navigate our dense, complex, and at times contradictory, immigration system on their own.
Michelle Mendez is Training and Legal Support Senior Attorney and Defending Vulnerable Populations Project Manager of Catholic Legal Immigration Network Inc. Swapna Reddy is Director of the Asylum Seeker Advocacy Project at the Urban Justice Center, an Echoing Green Fellow and an Equal Justice Works Emerson Fellow.”
Folks like Michelle and Swapna are the “real American heroes” of our justice system, working tirelessly and for modest compensation to preserve the rights of vulnerable asylum seekers. We need more of them and less of Jeff “Gonzo Apocalypto” Sessions and his malicious and ignorant attacks on asylum seekers and their already-limited due process and statutory rights.
“Will President Trump’s assault on the norms underpinning constitutional democracy permanently alter American political life?
On a daily basis, Trump tests the willingness of the public to accept a president who lies as a matter of routine. So far, Trump has persuaded a large swath of America to swallow what he feeds them.
. . . .
As Sasha Polakow-Suransky, the author of “Go Back to Where You Came From: The Backlash Against Immigration and the Fate of Western Democracy,” warns in The New York Review of Books:
Liberal democracies are better equipped than authoritarian states to grapple with the inevitable conflicts that arise in diverse societies, including the threat of terrorist violence. But they also contain the seeds of their own destruction: if they fail to deal with these challenges and allow xenophobic populists to hijack the public debate, then the votes of frustrated and disaffected citizens will increasingly go to the anti-immigrant right, societies will become less open, nativist parties will grow more powerful, and racist rhetoric that promotes a narrow and exclusionary sense of national identity will be legitimized.
The threat to democracy posed by the current outbreak of populist nationalism has become a matter of concern for both scholars and ordinary citizens. The central topic at a conference at Yale earlier this month was “How Do Democracies Fall Apart,” and the subject will be taken up again in November at a Stanford conference called “Global Populisms: A Threat to Democracy?”
I contacted several of the participants at the Yale gathering and was struck by their anxiety over the future prospects of democratic governance.
One of the most insightful was Adam Przeworski, a political scientist at N.Y.U., who has written, but not yet published, his own analysis of current events under the title “What’s Happening.”
First and foremost, Przeworski stresses,
there is nothing “undemocratic” about the electoral victory of Donald Trump or the rise of anti-establishment parties in Europe.
These parties and candidates, he points out:
Do not advocate replacing elections by some other way of selecting rulers. They are ugly — most people view racism and xenophobia as ugly — but these parties do campaign under the slogan of returning to ‘the people’ the power usurped by elites, which they see as strengthening democracy. In the words of a Trump advertisement, “Our movement is about replacing a failed and corrupt political establishment with a new government controlled by you, the American people.”
In support of Przeworski’s argument, it is clear that the success of the Trump campaign in winning the Republican nomination was the result of a classic democratic insurgency: the Republican electorate’s rejection of its party’s establishment.
The danger in the United States, in Przeworski’s view, is the possibility that the Trump administration will use the power of the presidency to undermine the procedures and institutions essential to the operation of democracy:
That the incumbent administration would intimidate hostile media and create a propaganda machine of its own, that it would politicize the security agencies, that it would harass political opponents, that it would use state power to reward sympathetic private firms, that it would selectively enforce laws, that it would provoke foreign conflicts to monger fear, that it would rig elections.
Przeworski believes that
such a scenario would not be unprecedented. The United States has a long history of waves of political repression: the “Red Scare” of 1917-20, the internment of Japanese citizens during World War II, the McCarthy period, the Nixon presidency.
Along similar lines, Anna Grzymala-Busse, a political scientist at Stanford, replied by email to my inquiry:
My big worry is not simply that formal institutions have been eroded, but that the informal norms that underpin them are even more important and even more fragile. Norms of transparency, conflict of interest, civil discourse, respect for the opposition and freedom of the press, and equal treatment of citizens are all consistently undermined, and without these the formal institutions become brittle.
Trump, in Grzymala-Busse’s assessment, “articulates a classic populist message that we see in Europe: the elite establishment is a collusive cartel uninterested in the problems of ‘the people,’” and, she continued, he has begun to follow the path of European populist leaders:
Much of Trump’s language and actions are also familiar: there is a standard authoritarian populist template, developed in Hungary and faithfully followed in Poland and in Turkey: first, go after the courts, then the media, then the civil society, churches, universities.
The attacks on the courts, media and universities
are not simply the ravings of a lunatic, but an established strategy for undermining democratic oversight and discrediting the opposition.
Trump takes his own particular combination of ignorance, bluster and malice, and sets it off like a nuclear bomb of misinformation. The fallout spreads throughout the country, and no volume of corrections and fact checks can stop it. It wasn’t even part of a thought-out strategy, just a loathsome impulse that found its way out of the president’s mouth to spread far and wide.
Trump’s recklessness is disturbing enough on its own. But what makes it especially threatening is that much of the public — well beyond the 40 percent of the electorate that has shown itself to be unshakable in its devotion to the president — seems to be slowly accommodating itself to its daily dose of the Trump reality show, accepting the rhetorical violence that Trump inflicts on basic standards of truth as the new normal.”
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Read Edsall’s full, much longer, article at the link.
An immigration policy based on xenophobia, racism, and White Nationalism, rather than on any rational, generally accepted socio-economic analysis, is at the heart of the Trump–Bannon-Sessions-Miller attack on America’s democratic institutions. As I said earlier today, “The Trump Administration, and its ‘fellow travelers’ among GOP politicos and voters, is the biggest threat to our national security and the future of American Democracy.”
ATTORNEY GENERAL Jeff Sessions decried the state of the immigration courts in remarks Oct. 12 before the Justice Department’s Executive Office for Immigration Review, lamenting “rampant abuse and fraud” in asylum applications. As part of Mr. Sessions’s push for an overhaul of the immigration system, the department also plans to begin evaluating immigration judges on the basis of how many cases they resolve. This proposal would do little to fix the United States’ backlogged immigration courts and much to undermine their integrity.
The Trump administration hinted at the plan in a wish list of immigration policies, alongside commitments to constructing President Trump’s promised border wall and withholding federal grants from so-called sanctuary cities. According to reporting by The Post, government documents show that the Justice Department “intends to implement numeric performance standards to evaluate Judge performance.” Such a metric would probably involve assessing judges based on how many cases they complete or how quickly they decide them — a plan that the National Association of Immigration Judges has called a “death knell for judicial independence.”
Unlike other federal judges, immigration judges are technically Justice Department employees. Currently, the collective bargaining agreement between Justice and the judges’ association forbids evaluating judges based on quotas. But the association says the Executive Office of Immigration Review is working now to remove that language from the contract.”
Note the “progression” by the DOJ: From “performance evaluations would interfere with judicial independence,” to “performance evaluations won’t involve production quotas,” to “judges are just ‘oyster shuckers in robes!'”
Performance evaluations by the DOJ are just as inappropriate and unnecessary for U.S. Immigration Judges now as they were back in 1983 when EOIR was established. The only difference is the plan by Sessions and his politico cronies to co-opt the U.S. Immigration Courts and use them as an enforcement tool in his xenophobic crusade against immigrants, asylum seekers, due process, and the American justice system.
I actually was part of the NAIJ “negotiating team” that negotiated the current procedures and standards for judicial performance evaluations. We were assured over and over by “EOIR Management” that “case quotas” were not part of the plan and that “management recognized” the need for decisional independence in the Immigration Judge corps.
“Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the likelihood of being granted asylum.
For many, the ability to secure competent representation in immigration court is truly a matter of life and death. Yet fewer than 30 percent of detained individuals and only two thirds of non-detained individuals are represented in their removal case.
Meanwhile, the government is represented by an attorney in every single case.
While immigrants have a right to counsel in deportation proceedings if they can afford one, they do not have a right to counsel at the government’s expense.
New data released this week by the Transactional Records Access Clearinghouse (TRAC) confirms that a noncitizen’s ability to obtain a lawyer—and the opportunity to meaningfully defend him or herself against deportation—is determined primarily by nationality and whether or not he or she is detained.
The data analysis reflects what detained immigrants, their family members, and the very small number of attorneys who do detained work already know too well—detained immigrants who attempt to retain an attorney face substantial obstacles.
There are myriad reasons that detained immigrants cannot obtain representation.
Because they are detained, they are unable to travel to meet with an attorney in person and must rely on telephones in the facility to call potential attorneys. Phone calls can be prohibitively expensive and phones are often not easily accessible.
Attorney visitation rules vary by facility—many of which are located in rural areas, hours from the attorney’s office. Further, many detained immigrants are simply unable to afford a competent attorney.
. . .
The TRAC data also shows that Mexican immigrants are disproportionately disadvantaged in immigration court. They have the highest detention rate (78 percent), yet the lowest representation rate of all nationalities—only 33 percent according to the report.
More than anything, the recent TRAC numbers emphasize the dire need for increased access to counsel for all immigrants facing deportation, particularly those who are detained.”
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Read the complete article at the link.
The policies being followed by Sessions and the DHS — which encourage more detention in out of the way locations — are specifically designed to diminish representation, increase removals, and deny due process to the most vulnerable among us.
(1) The term “rape” in section 101(a)(43)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(A) (2012), encompasses an act of vaginal, anal, or oral intercourse, or digital or mechanical penetration, no matter how slight. Perez-Gonzalez v. Holder, 667 F.3d 622 (5th Cir. 2012), not followed.
(2) The term “rape” also requires that the underlying sexual act be committed without consent, which may be shown by a statutory requirement that the victim’s ability to appraise the nature of the conduct was substantially impaired and the offender had a culpable mental state as to such impairment.
PANEL: Appellate Immigration Judges PAULEY, MALPHRUS, and MULLANE
DECISION BY: Judge Pauley
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Perhaps not surprisingly, the BIA chose not to follow the decision of the Fifth Circuit Court of Appeals in Perez-Gonzalez v. Holder, 667 F.3d 622 (5th Cir. 2012) which offered a rape definition slightly more favorable to respondents. The Fifth Circuit generally is known as an very conservative, pro-Government body, hardly the Ninth Circuit or even the Seventh Circuit. But, then, what do Article III Judges know about criminal law and statutory construction?
HERE ARE TWO POSITION PAPERS PREPARED BY THE NATIONAL ASSOCIATION OF IMMIGRATION JUDGES (“NAIJ”) THE COLLECTIVE BARGAINING ORGANIZATION THAT REPRESENTS ALL U.S. IMMIGRATION JUDGES (FULL DISCLOSURE: I am a Retired Member of the NAIJ)
NAIJ HAS GRAVE CONCERNS REGARDING IMPLEMENTATION OF QUOTAS ON IMMIGRATION JUDGE PERFORMANCE REVIEWS, October 18, 2017
“The imposition of quotas or deadlines on judges can impede justice and due process. For example, a respondent must be given a “reasonable opportunity” to examine and present evidence. Section 240(b) (4) (B) of the Act. Given that most respondents do not speak English as their primary language and much evidence has to be obtained from other countries, imposing a time frame for completion of cases interferes with a judge’s ability to assure that a respondent’s rights are respected.
Not only will individuals who appear in removal proceedings potentially suffer adverse consequences, but also the public’s interest in a fair, impartial and transparent tribunal will be jeopardized by implementation of such standards.
THE SOLUTION
While it cannot be denied that additional resources are desperately needed immediately, resources alone cannot solve the persistent problems facing our Immigration Courts. The problems highlighted by the response to the recent “surge” underscores the need to remove the Immigration Court from the political sphere of a law enforcement agency and assure its judicial independence. Structural reform can no longer be put on the back burner. Since the 1981 Select Commission on Immigration, the idea of creating an Article I court, similar to the U.S. Tax Court, has been advanced.xvi In the intervening years, a strong consensus has formed supporting this structural change.xvii For years experts debated the wisdom of far-reaching restructuring of the Immigration Court system. Now “[m]ost immigration judges and attorneys agree the long term solution to the problem is to restructure the immigration court
system….” xviii
The time has come to undertake structural reform of the Immigration Courts. It is apparent that until far-reaching changes are made, the problems which have plagued our tribunals for decades will persist. For years NAIJ has advocated establishment of an Article I court. We cannot expect a different outcome unless we change our approach to the persistent problems facing our court system. Acting now will be cost effective and will improve the speed, efficiency and fairness of the process we afford to the public we serve. Our tribunals are often the only face of the United States justice system that these foreign born individuals experience, and it must properly reflect the principles upon which our country was founded. Action is needed now on this urgent priority for the Immigration Courts. It is time to stop the cycle of overlooking this important component of the immigration enforcement system – it will be a positive step for enforcement, due process and humanitarian treatment of all respondents in our proceedings.
6
NAIJ CONCERNS RE QUOTAS
AILA Doc. No 17102062. (Posted 10/20/17)
We realize that immediate action is needed, and that a structural overhaul and creation of an Article I Court, while the best and only durable solution, may not be feasible right now. However, Congress can act easily and swiftly resolve this problem through a simple amendment to the civil service statute on performance reviews. . Recognizing that performance evaluations are antithetical to judicial independence, Congress exempted Administrative Law Judges (ALJs) from performance appraisals and ratings by including them in the list of occupations exempt from performance reviews in 5 U.S.C. § 4301(2)(D). This provision lists ALJs as one of eight categories (A through H) of employees who are excluded from the requirement of performance appraisals and ratings.xix To provide that same exemption to Immigration Judges, all that would be needed is an amendment to 5 U.S.C. § 4301(2) which would add a new paragraph (I) listing Immigration Judges in that list of exempt employees.
We urge you to take this important step to protect judicial independence at the Immigration Courts by enacting legislation as described above.
Thank you.
FOR ADDITIONAL INFORMATION, CONTACT
THE HONORABLE A. ASHLEY TABADDOR, PRESIDENT NATIONAL ASSOCIATION OF IMMIGRATION JUDGES C/o Immigration Court
606 S. Olive Street, 15th Floor
Los Angeles, CA 90014 (310)709-3580 ashleytabaddor@gmail.com www.naij-usa.org
Threat to Due Process and Judicial Independence Caused by Performance Quotas on Immigration Judges
“15) If EOIR is successful in tying case completion quotas to judge performance evaluations, it could be the death knell for judicial independence in the Immigration Courts. Judges can face potential termination for good faith legal decisions of which their supervisors do not approve.
16) In addition, Circuit Courts will be severely adversely impacted and we will simply be repeating history which has proven to be disastrous. One need only remember the lasting impact of Attorney General Ashcroft’s “streamlining” initiative at the Board of Immigration Appeals.
17) The United States Government Accountability Office issued its report entitled “IMMIGRATION COURTS-Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges Report to Congressional Requesters” in June 2017, GAO-17-438, (GAO Report). This GAO Report contains a section entitled, “Comprehensive Performance Assessment Could Help EOIR Identify Effective Management Approaches to Address the Case Backlog;” however, nowhere is the suggestion made that numerical or time based criteria be added to performance evaluations for immigration judges. AILA Doc. No 17102061. (Posted 10/20/17)
18) There is no reason for the agency to have production and quantity based measures tied to judge performance reviews. The current court backlog cannot be attributed to a lack of Immigration Judge productivity. In fact, the GAO report shows that Immigration Judge related continuances have decreased (down 2 percent) in the last ten years. GAO Report at 124. The same report shows that continuances due to “operational factors” and details of Immigration Judges were up 149% and 112%, respectively. GAO Report at 131, 133. These continuances, where Judges were forced to reset cases that were near completion in order to address cases that were priorities of various administrations, have a much greater impact on case completion rates. 19) The imposition of quotas or deadlines on judges can impede justice and due process. For example, a respondent must be given a “reasonable opportunity” to examine and present evidence. Section 240(b) (4) (B) of the Act. Given that most respondents do not speak English as their primary language and much evidence has to be obtained from other countries, imposing a time frame for completion of cases interferes with a judge’s ability to assure that a respondent’s rights are respected.”
Read this entire memorandum at the following link:
Folks, Due Process is “on the run” at the U.S. Immigration Courts. If Congress doesn’t take at least some corrective action to protect quasi-judicial independence, our U.S. Immigration Courts will no longer be able to provide fair and impartial adjudication in accordance with Constitutional requirements. Today, the statutory and Constitutional rights of immigrants are under attack. Tomorrow it could be YOUR Constitutional rights. Who is going to speak up for YOUR RIGHTS if YOU are indifferent to the rights of others?
In the next few weeks, four young men 16 to 24 years old were fatally shot by police during two incidents. Police on both occasions reported an “enfrentamiento,” or confrontation, in which gangsters fired on them. Relatives of the dead said that the officers killed the young men unprovoked.
As with much of the violence here, getting to the truth is difficult. Investigations are often cursory. Some residents said they are too afraid of the police to provide testimony. What is clear is many residents’ deep resentment of the security forces.
“We see the police as terrorists,” said an aunt of one of the four victims, 16-year-old Bryan Rodrigo Santos Arevalo.
The aunt, who spoke on the condition of anonymity, citing a fear of authorities, said that a witness who escaped told her that police had executed the teenager. The right side of Santos Arevalo’s face was blown off, morgue photos show.
If police were using lethal force, so were the gangs. On July 3, 2015, four local police officers were returning from a call when “they attacked us from both sides,” recalled a police supervisor who was present, speaking on the condition of anonymity. Gang members positioned on earthen mounds overlooking the road sprayed gunfire at the officers’ truck, he said. The police sped off, firing frantically, but the driver was hit in his left side. The supervisor was shot in the right knee.
“It’s a miracle that I am alive to tell this story,” the supervisor said.
Three days later, local police along with members of a San Salvador-based SWAT team shot and killed two members of the Tiny Malditos outside a farmhouse in Santa Teresa. The police reported taking gunfire on arrival. Morena Leiva de Silva, the mother of one of the dead, said a farmworker who was present told her that the officers shot the two gang members as they fled.
“They ran from the police because they were terrified,” she said. “They panicked.”
A truce ends
President Salvador Sánchez Cerén was a Marxist guerrilla in the 1980s. Now he is the one defending the state.
“Although some say we are at war, there is no other road,” Sánchez Cerén said in March.
The government of Sánchez Cerén’s predecessor, Mauricio Funes, had engineered a truce between major gangs, transferring their leaders into more lax prisons where they could coordinate with their followers. The homicide rate fell, although critics argued that the respite allowed the gangs to grow stronger.
On taking office in June 2014, Sánchez Cerén brought a swift end to the truce. His government transferred the leaders back to maximum-security lockups, banned visits and cut off cellphone access. He called up military reservists to join the fight against the gangs. The director of the national police announced that officers should feel free to use their weapons to protect themselves. New legislation made it harder to investigate police when they alleged self-defense.
Homicides shot up. Last year, police were responsible for an estimated 1,000 of the country’s 6,600 killings, a steep increase, experts say.
The gangs began targeting police, soldiers, prosecutors and their families in a way unseen. Gang members killed more than 60 police officers last year, nearly doubling the total the year before. Police have confiscated an increasing number of military-style assault rifles from gang members. The attorney general’s office recently accused one of the biggest gangs, Mara Salvatrucha, also known as MS-13, of planning to assemble a 500-man unit of trained gang members to attack security forces. Last fall, a car rigged with explosives detonated outside the Finance Ministry.
The U.N. High Commissioner for Human Rights warned in June that allegations of assassinations by El Salvador’s security forces are “intolerable and are likely to fuel even greater violence.”
The national human rights prosecutor’s office, an independent agency, has compiled a registry of nearly 100 cases of alleged assassinations by security forces or shadowy “extermination groups,” which often include off-duty police, since mid-2013. But the agency acknowledges that there may be many more.
Walter Gerardo Alegria, a deputy head of the office, said it wasn’t clear whether such killings were ordered by authorities. “However, from the quantity of cases that we have, one can assume that this is a systematic practice,” he said.
The director of the national police, Howard Cotto, said he couldn’t rule out that some officers may have taken part in summary executions, but he denied that such behavior was permitted.
“We are not willing to tolerate that under the guise of solving security problems we cover up for people who commit crimes or summary executions,” he said.
The campaign against gangs has been popular among many Salvadorans. But it may come at a terrible cost to this young democracy, said Hector Silva Avalos, who has written a book on the Salvadoran police.
“If between death squads, citizen squads, rough police officers, they kill enough gang members to actually diminish the territorial control of the gangs — then who’s going to be in charge?” he asked. “Police commanders with no respect for human rights?”
This is only a small part of a lengthy article which is available at the above link.
This, not Gonzo’s bogus “Blame DACA Narrative” or his fabricated fraud narrative, is why women and children are fleeing from the Northern Triangle and are likely to continue to do so regardless of how much “deterrence” Gonzo & Gang throw at them. And, these folks have potentially legitimate claims that should be fully and impartially heard in Immigration Court with the assistance of counsel and full appeal rights. Even those who do not fit the “technical requirements” for legal protection under U.S. law might well have strong humanitarian claims for temporary refuge under Temporary Protected Status (“TPS”) (which the last tow Administration ministrations have stubbornly refused to acknowledge) or prosecutorial discretion. We are hardly a “disinterested party” in the rampant violence that is now gripping Central America.
“The Attorney General’s Jaundiced–and Inaccurate–View of Asylum
by JASON DZUBOW on OCTOBER 17, 2017
In a speech last week to the Executive Office for Immigration Review (the office that administers the nation’s immigration courts and the Board of Immigration Appeals), Attorney General and living Confederate Civil War monument, Jefferson Beauregard Sessions, set out his views on the asylum system, asylum seekers, and immigration attorneys.
Jeff Sessions speaks to an audience at the Executive Office for Immigration Review.
Sad to say, Mr. Sessions described the asylum system in largely negative terms, and said not a word about the benefits that our country derives from offering asylum.
While he views our asylum policy as “generous,” and designed to “protect those who, through no fault of their own, cannot co-exist in their home country no matter where they go because of persecution based on fundamental things like their religion or nationality,” Mr. Sessions feels that our generosity is being “abused” and that “smart attorneys have exploited loopholes in the law, court rulings, and lack of resources to substantially undermine the intent of Congress.”
Mr. Sessions also lambasts “dirty immigration lawyers who are encouraging their otherwise unlawfully present clients to make false claims of asylum providing them with the magic words needed to trigger the credible fear process.”
Indeed, Mr. Sessions believes that our asylum system is “subject to rampant abuse and fraud.” Because the system is “overloaded with fake claims, it cannot deal effectively with just claims.”
First, it’s quite sad that our nation’s chief law enforcement officer would have such a jaundiced view of asylum. The idea that asylum is merely a generous benefit we offer to refugees, and that we receive nothing in return, is simply false. I’ve written about this point before, but it bears repeating. Asylum was created during the Cold War as a tool against the Soviet Union. We offered refuge to people fleeing Communism, and each person who defected to the West served as a testament to our system’s superiority over our adversary.
Now that the Cold War has ended, asylum still serves our strategic interests. It demonstrates our commitment to those who support and work for the values we believe in. It is tangible evidence that America stands with our friends. It gives our allies confidence that we will not let them down when times become tough. It shows that our foundational principles–free speech, religious liberty, equality, rule of law–are not empty words, but are ideals we actually stand behind.
And of course, there are the asylees themselves, who contribute to our country with their energy, enthusiasm, and patriotism, often born of their experience living in places that are not safe, and that are not free.
None of this came up during Mr. Sessions’s talk. Perhaps he does not know how our nation has benefited from the asylum system. Or maybe he doesn’t care. Or–what I suspect–he views asylum seekers as a threat to our security and a challenge to our country’s (Christian and Caucasian) culture.
The shame of it is that Mr. Sessions is demonstrably wrong on several points, and so possibly he reached his conclusions about asylum based on incorrect information.
The most obvious error is his claims that “dirty immigration lawyers… are encouraging their otherwise unlawfully present clients to make false claims of asylum providing them with the magic words needed to trigger the credible fear process.” Aliens who are “unlawfully present” in the U.S. are not subject to the credible fear process. That process is generally reserved for aliens arriving at the border who ask for asylum. Such applicants undergo a credible fear interview, which is an initial evaluation of eligibility for asylum. While this may be a technical point, Mr. Sessions raised the issue in a talk to EOIR, and so his audience presumably understands how the system works. That Mr. Sessions would make such a basic mistake in a speech to people who know better, demonstrates his ignorance of the subject matter (or at least the ignorance of his speech writers), and casts doubt on his over-all understanding of the asylum system.
Mr. Sessions also says that our asylum system is “overloaded with fake claims.” But how does he know this? And what exactly is a fake claim? In recent years, something like 40 to 50% of asylum cases have been granted. Are all those adjudicators being fooled? And what about denied cases? Are they all worthy of denial? There is, of course, anecdotal evidence of fraud—and in his talk, Mr. Sessions cites a few examples of “dirty” attorneys and applicants. But a few anecdotes does not compel a conclusion that the entire system is “subject to rampant abuse and fraud.” I can point to anecdotes as well. I’ve seen cases granted that I suspected were false, but I’ve also seen cases denied that were pretty clearly grant-worthy. While I do think we need to remain vigilant for fraud, I have not seen evidence to support the type of wide-spread fraud referenced by the Attorney General.
Finally, Mr. Sessions opines that “smart attorneys have exploited loopholes in the law, court rulings, and lack of resources to substantially undermine the intent of Congress.” So court rulings undermine the intent of Congress? Any attorney who makes such a statement casts doubt on that lawyer’s competence and devotion to the rule of law, but when the Attorney General says it, we have real cause for concern. Thousands of federal court rulings—including from the U.S. Supreme Court—have interpreted our nation’s immigration laws (and all our other laws too). That is what courts do, and that is how the intent of Congress is interpreted and implemented in real-world situations. Attorneys who rely on court decisions are not “exploit[ing] loopholes in the law,” we are following the law.
These are all pretty basic points, and it strikes me that when it comes to asylum, Mr. Sessions doesn’t get it. He seems not to understand the role of Congress, the courts, and lawyers in the asylum process. And he certainly doesn’t understand the benefits our country receives from the asylum system.
I’ve often said that President Trump’s maliciousness is tempered by his incompetence. With Attorney General Sessions, it is the opposite: His maliciousness is exacerbated by his incompetence. And I fear that asylum seekers–and our country’s devotion to the rule of law–will suffer because of it.”
****************************************
Yup, sure got this one pegged right, Jason! “Maliciousness and incompetence” seem to be two of the key requirements for political appointees in the Trump Administration. I’ve pointed out before that Sessions demonstrates little legal knowledge — his memos, which disingenuously claim to be “law not policy,” are in fact almost pure policy largely devoid of legal reasoning.
Gonzo obviously arrived at the DOJ with a briefcase full of homophobic, xenophobic, White Nationalist memos already “pre-drafted” for him by folks like Stephen Miller, Steve Bannon, the Heritage Foundation, the Family Research Council and restrictionist immigration groups. In addition to lack of legal knowledge and basic honesty (his explanation today to Senator Franken about how his “Russia lie” during confirmation didn’t pass the “straight face” test), Sessions shows no visible signs of compassion, humanity, understanding of other viewpoints, fairness, or objectivity. He consistently smears immigrants (and by extension the entire Hispanic community), denies their achievements and contributions to America, and, like any bully, picks on the already limited rights of the most vulnerable in our community, gays, children, women, and asylum seekers.
Sessions doesn’t understand asylum because he makes no attempt to understand it. He merely approaches it from a position of bias, fear, and loathing.
“Amicus Invitation No. 17-10-17 AMICUS INVITATION (EXCEPTION TO THE 1-YEAR ASYLUM BAR), DUE November 16, 2017
OCTOBER 17, 2017
The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue:
ISSUE PRESENTED:
(1) Whether respondents who file an asylum application based on religion and coercive population control grounds more than 1 year after their arrival in the United States and demonstrate that they filed within a reasonable period of the changed circumstances as to their religion claim would be eligible to seek asylum based on both grounds, or whether they must also demonstrate that they filed within a reasonable period of the changed circumstances relating to their coercive population control claim in order to be eligible to seek asylum on that ground.
Request to Appear as Amicus Curiae: Members of the public who wish to appear as amicus curiae before the Board must submit a Request to Appear as Amicus Curiae (“Request to Appear”) pursuant to Chapter 2.10, Appendix B (Directory), and Appendix F (Sample Cover Page) of the Board of Immigration Appeals Practice Manual. The Request to Appear must explicitly identify that it is responding to Amicus Invitation No. 17-10-17. The decision to accept or deny a Request to Appear is within the sole discretion of the Board. Please see Chapter 2.10 of the Board Practice Manual.
Filing a Brief: Please file your amicus brief in conjunction with your Request to Appear pursuant to Chapter 2.10 of the Board of Immigration Appeals Practice Manual. The brief accompanying the Request to Appear must explicitly identify that it is responding to Amicus Invitation No. 17-10-17. An amicus curiae brief is helpful to the Board if it presents relevant legal arguments that the parties have not already addressed. However, an amicus brief must be limited to a legal discussion of the issue(s) presented. The decision to accept or deny an amicus brief is within the sole discretion of the Board. The Board will not consider a brief that exceeds the scope of the amicus invitation.
Request for Case Information: Additional information about the case may be available. Please contact the Amicus Clerk by phone or mail (see contact information below) for this information prior to filing your Request to Appear and brief.
Page Limit: The Board asks that amicus curiae briefs be limited to 30 double-spaced pages.
Deadline: Please file a Request to Appear and brief with the Clerk’s Office at the address below by November 16, 2017. Your request must be received at the Clerk’s Office within the prescribed time limit. Motions to extend the time for filing a Request to Appear and brief are disfavored. The briefs or extension request must be RECEIVED at the Board on or before the due date. It is not sufficient simply to mail the documents on time. We strongly urge the use of an overnight courier service to ensure the timely filing of your brief.
1
Service: Please mail three copies of your Request to Appear and brief to the Clerk’s Office at the address below. If the Clerk’s Office accepts your brief, it will then serve a copy on the parties and provide parties time to respond.
Joint Requests: The filing of parallel and identical or similarly worded briefs from multiple amici is disfavored. Rather, collaborating amici should submit a joint Request to Appear and brief. See generally Chapter 2.10 (Amicus Curiae).
Notice: A Request to Appear may be filed by an attorney, accredited representative, or an organization represented by an attorney registered to practice before the Board pursuant to 8 C.F.R. § 1292.1(f). A Request to Appear filed by a person specified under 8 U.S.C. § 1367(a)(1) will not be considered.
Attribution: Should the Board decide to publish a decision, the Board may, at its discretion, name up to three attorneys or representatives. If you wish a different set of three names or you have a preference on the order of the three names, please specify the three names in your Request to Appear and brief.
Clerk’s Office Contact and Filing Address:
To send by courier or overnight delivery service, or to deliver in person:
Amicus Clerk
Board of Immigration Appeals Clerk’s Office
5107 Leesburg Pike, Suite 2000 Falls Church, VA 22041 703-605-1007
Business hours: Monday through Friday, 8:00 a.m. to 4:30 p.m.
Fee: A fee is not required for the filing of a Request to Appear and amicus brief.”
Few Americans know about our nation’s system of immigrant detention centers. Each year, the US government locks up roughly 440,000 immigrants in over 200 immigrant prisons. These facilities have grown into a highly privatized, lucrative, and abusive industry that profits off the misery of immigrants awaiting deportation.
Here at Brave New Films, we’re doing everything we can to expose the abuses of the deportation-industrial complex. In our new film, Immigrant Prisons, we explore conditions inside the detention centers, exposing substandard medical care, widespread physical and sexual abuse, virtual slave-labor working conditions and more. These abuses happen behind closed doors with little to no oversight.
Our film, created in partnership with advocates for detainee rights, is shining a light on a particularly dark corner of the American justice system. Watch now and share with friends.
It’s important to remember that immigration detention is a civil form of confinement. “This is not criminal custody, this is not someone who’s been convicted of a crime,” says attorney James Fife of the Federal Defenders of San Diego. “This is just someone who’s being held for the government’s convenience so that the person’s available” for processing, said Fife.
Unlike with criminals who have been convicted of a crime, there’s no time limit on how long people can be held at immigration detention centers. It’s hard to believe, but immigrants can be locked up indefinitely without a criminal offense or bond hearing. In the film we highlight the case of a Kenyan immigrant, Sylvester, who spent nine years and four months in immigration detention. Another immigrant describes her time in detention as being “like a legal kidnapping.”
Immigrant detention centers are overseen by US Immigration and Customs Enforcement, or ICE, a division of the Department of Homeland Security. Since ICE was created in 2003, there have been 177 confirmed deaths in detention centers. Medical neglect is the greatest contributing factor.
In the film, we speak with Gerard, a former detainee who almost died during his 11 months at a California facility. He was denied medical care for two weeks as a severe infection spread in his body. The private-facility managers kept ignoring his requests until it was nearly too late. Such medical neglect contributed to nearly half of all deaths in immigrant prisons.
Christina Fialho, the executive director of CIVIC and a leading advocate for detainee rights, says that “denial of medical care at immigration-detention facilities is routine.” This substandard medical care is often accompanied by substandard food, unsanitary water, and generally unhygienic living conditions.
Fialho says that immigrant-detention centers are also plagued by abuse. “Guards with little to no training are kicking, hitting, sexually assaulting people in immigration detention,” she says. Each year thousands of complaints alleging sexual and physical abuse and substandard medical care are filed with authorities, but very few cases are ever investigated.
Adding insult to injury, detainees at for-profit detention centers are often coerced into working for virtually no money. The for-profit companies that run the facilities have all the wrong incentives and a captive workforce at their disposal. The food they provide detainees is frequently so inadequate that detainees feel they have no choice but to work for $1 a day to buy additional food from the commissary, often at inflated prices. Fialho doesn’t mince words about this practice: “Detention centers are starving people into working in order to then cut staff salaries.”
The two largest private detention-center operators, CCA and Geo Group, got started in the 1980s. In fact, CCA’s very first contract was for locking up immigrants. In the past 20 years, the two companies have made over $12 billion in profits, largely from immigrant detention.
Wrongful-death lawsuits and class-action lawsuits alleging forced labor have helped expose abuses at private immigrant prisons, but systemic reforms are needed. Stock in CCA and Geo Group slid after the Obama administration moved to end the use of private prisons by the federal government, but the stocks rocketed up after the 2016 election. President Trump, who received major contributions from the private-prison industry, reversed President Obama’s order on private prison use and has proposed a 25 percent increase in ICE’s budget.
Immigrant Prisons is our first film on the deportation industrial complex. In future films we’ll explore how private-prison companies promote policies and procedures that line their own pockets, and profile the individuals who are working to perpetuate our abusive immigration-enforcement system.
Unlike the private prison industry, we don’t have millions to spend on advertising and lobbying. But there is a powerful grassroots movement rising up in this country to take on abuses in our immigration system.
I hope you will join the movement and share Immigrant Prisons with your networks. You can also screen the film for free at schools, houses of worship, and community meetings for local media and elected officials through our Brave New Educators program. Together we can bring detained immigrants out from the darkness and provide them with the respect and dignity that we owe to all people.
We premiered the film last night in Santa Monica with our friends at The Young Turks. Cenk Uygur moderated a panel which included Pastor Noe who was recently released from an immigrant prison. If you or someone you know has a powerful story about immigrant prisons, please get in touch.
Matter Of TAVDIDISHVILI, 27 I&N Dec. 142 (BIA 2017).
BIA HEADNOTE:
“Criminally negligent homicide in violation of section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state.”
BIA PANEL: Appellate Immigration Judges COLE, PAULEY, and WENDTLAND.
Mica Rosenberg, Read Levinson, & Ryan McNeill report:
“They fled danger at home to make a high-stakes bet on U.S. immigration courts
Threatened by gangs in Honduras, two women sought asylum in the United States. Their stories illustrate what a Reuters analysis of thousands of court decisions found: The difference between residency and deportation depends largely on who hears the case, and where.
OAKLAND, California – The two Honduran women told nearly identical stories to the immigration courts: Fear for their lives and for the lives of their children drove them to seek asylum in the United States.
They were elected in 2013 to the board of the parent-teacher association at their children’s school in the Honduran capital, Tegucigalpa. They hoped that mothers working together could oust the violent gangs that plagued the campus.
Instead, they became targets. Weeks apart, in the spring of 2014, each of the women was confronted by armed gang members who vowed to kill them and their children if they didn’t meet the thugs’ demands.
Unaware of each other’s plight, both fled with their children, making the dangerous trek across Mexico. Both were taken into custody near Hidalgo, Texas, and ended up finding each other in the same U.S. Immigration and Customs Enforcement (ICE) detention center in Artesia, New Mexico. There, they applied for asylum.
That’s when their fates diverged.
Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. At the end of her asylum hearing in September 2016, she received a one-page form, with an “X” in the box next to “granted.” She was free to settle into life with her family in the United States.
The other woman, Ana, joined her daughter’s father in the southeastern United States, and her case was assigned to an immigration court in Charlotte, North Carolina. The judge denied her petition and ordered her deported. She is now awaiting a court date after new lawyers got her case reopened.
Ana declined to be interviewed for this article. Through her lawyers, she asked that her full name not be used because of her uncertain status and her fear that Honduran gangs could find her.
The women’s lawyers framed their respective cases with some important differences. However, the women said their reasons for seeking asylum were the same: Gangs had targeted them because of their involvement in the parent-teacher association, and for that, they and their families had been threatened.
SAFE AT HOME: Sandra Gutierrez fled from Honduras with her children after receiving death threats from gangs and was granted asylum by Judge Dalin Holyoak in 2016. She now lives in Oakland, California, where she takes English classes and works as a janitor. REUTERS/Stephen Lam
Taken together, the two cases – nearly indistinguishable in their outlines but with opposite outcomes – illustrate a troubling fact: An immigrant’s chance of being allowed to stay in the United States depends largely on who hears the case and where it is heard.
Judge Stuart Couch, who heard Ana’s case in Charlotte, orders immigrants deported 89 percent of the time, according to a Reuters analysis of more than 370,000 cases heard in all 58 U.S. immigration courts over the past 10 years. Judge Dalin Holyoak, who heard Gutierrez’s case in San Francisco, orders deportation in 43 percent of cases.
In Charlotte, immigrants are ordered deported in 84 percent of cases, more than twice the rate in San Francisco, where 36 percent of cases end in deportation.
Couch and Holyoak and their courts are not rare outliers, the analysis found. Variations among judges and courts are broad.
Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. In Atlanta, 89 percent of cases result in a deportation order. In New York City, 24 percent do.
The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily.
The analysis excluded immigrants who were in detention when their cases were heard because such cases are handled differently. It also excluded cases in which the immigrant did not appear in court, which nearly always end in a deportation order, and cases terminated without a decision or closed at the request of a prosecutor.
About half the cases in the analysis were filed by asylum seekers like the two Honduran women. The rest were requests for cancellation of deportation orders or other adjustments to immigration status.
“GROSS DISPARITIES”
Of course, other factors influence outcomes in immigration court. For example, U.S. government policy is more lenient toward people from some countries, less so for others.
Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. Circuit Court of Appeals, and they rule in favor of immigrants far more often than courts in the 4th Circuit, which includes North and South Carolina, Maryland and Virginia, Reuters found.
Even so, the Reuters analysis determined that after controlling for such factors, who hears a case and where it is heard remain reliable predictors of how a case will be decided. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte.
The Reuters analysis also found that an immigration judge’s particular characteristics and situation can affect outcomes. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. The longer a judge has been serving, the more likely that judge is to grant asylum.
“These are life or death matters. … Whether you win or whether you lose shouldn’t depend on the roll of the dice of which judge gets your case.”
The findings underscore what academics and government watchdogs have long complained about U.S. immigration courts: Differences among judges and courts can render the system unfair and even inhumane.
“It is clearly troubling when you have these kinds of gross disparities,” said Karen Musalo, director of the Center for Gender & Refugee Studies at the University of California Hastings School of the Law in San Francisco. “These are life or death matters. … Whether you win or whether you lose shouldn’t depend on the roll of the dice of which judge gets your case.”
EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data.
Devin O’Malley, a Department of Justice spokesman, challenged the Reuters analysis, citing “numerous conflicting statements, miscalculations, and other data errors,” but declined to elaborate further.
Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases.
Dana Marks, president of the National Association of Immigration Judges, said each case is like “a 1,000 piece puzzle.” While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes.
The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. Under President Barack Obama, the courts began efforts to hire more immigration judges to reduce the system’s burgeoning backlog, which now stands at more than 620,000 cases, nearly 100,000 of them added since last December.
The administration of President Donald Trump is continuing the effort. Attorney General Jeff Sessions said in April that the Justice Department planned to hire more than 50 judges this year and 75 in 2018, which would put the total number of sitting judges above 400.
Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies.)
In a wish list of immigration proposals sent to Congress on Oct. 8, the White House said that “lax legal standards” had led to the immigration court backlog and that “misguided judicial decisions have prevented the removal of numerous criminal aliens, while also rendering those aliens eligible to apply for asylum.” Among the proposals offered in exchange for a deal with Congress on the roughly 800,000 “dreamers” – children brought to the country illegally by their parents – the Trump administration said it wanted to hire even more immigration judges and 1,000 ICE attorneys, while “establishing performance metrics for Immigration Judges.”
Video: High-stakes game of chance in U.S. immigration courts
CRISIS AT THE BORDER
In 2014, an unprecedented 68,000 parents and children, most of them fleeing violence and lawlessness in El Salvador, Guatemala and Honduras, crossed into the United States from Mexico – a refugee crisis that has contributed to the bloated backlog of asylum petitions. Many of the migrants, including Gutierrez and Ana, convinced initial interviewers that they had a “credible fear” of returning home, the first step in filing an asylum claim.
Having come from a country with one of the highest murder rates in the world may have helped establish “credible fear.” But the two women were already at a disadvantage – precisely because they came from Honduras.
Country of origin is a big factor in determining who gets to stay in the United States because immigrants from some countries are afforded special protections. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. A 1996 law expanded the definition of political refugees to include people who are forced to abort a child or undergo sterilization, allowing Chinese women to claim persecution under Beijing’s coercive birth-control policies.
Hondurans enjoy no special considerations. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found.
The mass exodus from Central America was under way when Gutierrez and Ana were elected to the board of the parent-teacher association at their children’s school in spring 2013.
Two rival gangs – the Barrio 18 and the Mara Salvatrucha, also known as MS-13 – were operating brazenly in the neighborhood. The year before, according to police records in Honduras, gang members killed a school security guard. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them.
The new six-member association board set about trying to improve security at the school, which sits on a dirt road behind a high wall topped with razor wire.
“Before, no one wanted to say anything about the gangs,” Gutierrez said. “We were the brave ones. The previous president was a man, so we thought, ‘We are women, they won’t do anything to us.’ ”
The school’s principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. They had early success, he said, when they persuaded police to provide officers to guard the school. But the patrols left after a few weeks, probably intimidated by the gangs.
One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. Her older boy recognized the three armed and heavily tattooed young men on the stoop as the same ones who had thrown him to the ground earlier that day, telling him, not for the first time, that they wanted him to join their ranks. Now they had come to deliver a message to Gutierrez.
“They said they knew I was involved in the parents’ association,” Gutierrez said. “They said they would kill me and my children.
“I began to panic and shake,” she said. “I thought, ‘I have to go now. I am not going to risk my child’s life.’ ”
She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. They drove all night to her friend’s mother’s house in another town.
“NO POLICE HERE”
Two months later, according to court documents, Ana was walking her 7-year-old daughter home from school when three members of a rival gang confronted them. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the child’s head. The third pointed a gun at Ana’s head. They demanded that a payment of more than $5,000 be delivered in 24 hours, a huge sum for a woman who sold tortillas for a living.
Ana testified in her asylum hearing that she knew they were gang members “because they were dressed in baggy clothing and they also had ugly tattoos … all over their bodies and faces.”
Ana and her daughter ran home and then, fearing the gang would come after them, fled out the back door. “We had to jump over a wall, and I hurt my foot doing so,” she said in an affidavit. “I was desperate and knew that I had to leave – my daughter’s life and mine were in danger.”
The school principal said he understands why Gutierrez and Ana left Honduras. “Because there were no police here, (the gangs) did what they wanted,” he said. “They said, ‘We’re going to kill the members of the parent-teacher association to get them out of here.’ So the women fled.”
Gutierrez hid for two months at her friend’s mother’s house outside Tegucigalpa. She joined another woman and, with their children, they set out to cross Mexico. On the journey, they were kidnapped – common for Central American migrants – and held for a $3,500 ransom. Gutierrez contacted relatives who wired the money. The kidnappers released her and her two sons near the U.S. border.
There they piled with another group of migrants into an inflatable raft and crossed the Rio Grande, the border between Mexico and the United States. They landed near Hidalgo, Texas.
After walking for an hour and a half, lost and desperate, Gutierrez and her sons sat down in the middle of a dirt road and waited for someone to pass. Two officials in uniforms picked them up. They were eventually transferred to the ICE detention center in Artesia.
Ana fled with her daughter the night the gang members threatened them on the street. “We bought a bus pass to go to Guatemala and from Guatemala to Mexico and to the U.S.-Mexico border,” according to her court testimony. The journey took three weeks. In Mexico, she hired a coyote – a smuggler – to help them cross into the United States and then turned herself in to Border Patrol agents near Hidalgo. She arrived at the Artesia detention center just weeks after Gutierrez.
“The other women in the center told me that there was someone else from Honduras who I might know, but I wasn’t sure who they were talking about,” Gutierrez said. “And then one day we went to lunch, and there they were.”
Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home.
Volunteer lawyers helped the women prepare and submit their applications for asylum.
In late 2014, the two women were released on bond. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Ana moved with her daughter to live with her daughter’s father and petitioned to have her case moved to Charlotte.
“ASYLUM FREE ZONES”
Many immigrants released on bond before their cases are heard have no idea that where they settle could make the difference between obtaining legal status and deportation.
People familiar with the system are well aware of the difference. When Theodore Murphy, a former ICE prosecutor who now represents immigrants, has a client in a jurisdiction with a high deportation rate but near one with a lower rate, “I tell them to move,” he said.
The Charlotte court that would hear Ana’s case was one of five jurisdictions labeled “asylum free zones” by a group of immigrant advocates in written testimony last December before the Inter-American Commission on Human Rights. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation.
The advocates testified that, while asylum is granted in nearly half of cases nationwide, Charlotte judges granted asylum in just 13 percent of cases in 2015. The Charlotte court was singled out for displaying a particular “bias against Central American gang and gender-related asylum claims.”
Couch is the toughest of Charlotte’s three immigration judges, according to the Reuters analysis.
The Transactional Records Access Clearinghouse, a research organization at Syracuse University in New York, first sounded the alarm about disparities in immigration court decisions in 2006. The next year, researchers at Temple University and Georgetown Law School concluded in a study titled “Refugee Roulette” that “in many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns an application to a particular asylum officer or immigration judge.” In 2008, the U.S. Government Accountability Office (GAO) found similar disparities in its own study.
In response to the rising criticism, the Executive Office for Immigration Review began tracking decisions to identify judges with unusually high or low rates of granting asylum. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. It then created a system for the public to file complaints against immigration judges.
In a 2016 report, the GAO found that little had changed. EOIR held a two-day training session last year. There is no training on the 2017 calendar.
From 2012 to 2016, EOIR received 624 complaints against judges. The 138 complaints lodged in 2016 alone included allegations of bias, as well as concerns about due process and judges’ conduct within the courtroom. Of the 102 complaints that had been resolved when the data were published, only three resulted in discipline, defined as “reprimand” or “suspension” of the judge. “Corrective actions” such as counseling or training were taken in 39 cases. Close to half the complaints were dismissed.
The agency does not identify judges who were the subjects of complaints.
Mattingly, the EOIR spokeswoman, said the agency “takes seriously any claims of unjustified and significant anomalies in immigration judge decision-making and takes steps to evaluate disparities in immigration adjudications.”
HEADING NORTH: Many Central Americans who sought safety in the United States during the 2014 migrant crisis caught a ride through Mexico on the freight train nicknamed “The Beast,” shown here chugging through Oaxaca state. REUTERS/Jose de Jesus Cortes
DAY IN COURT
Asylum applicants cannot gain legal U.S. residency because they fled their countries in mortal fear of civil strife or rampant crime or a natural disaster. They must convince the court that they have well-founded fears of persecution in their country because of their race, religion, nationality, political opinions or membership in a particular social group. The definition of a “particular social group” has been subject to conflicting interpretations in the courts, but in general, such a group comprises people who share basic beliefs or traits that can’t or shouldn’t have to be changed.
In the San Francisco court, Gutierrez’s lawyers argued that she qualified for asylum because as a leader of the parent-teacher association, she was at risk for her political opinion – her stand against gangs – and for belonging to a particular social group of Hondurans opposed to gang violence and recruitment in schools. The lawyers also argued that she was part of another particular social group as the family member of someone under threat, since the gangs had terrorized her son in trying to recruit him.
Holyoak was convinced. Gutierrez told Reuters that during her final hearing, the judge apologized for asking so many questions about what had been a painful time in her life, explaining that he had needed to establish her credibility.
In the Charlotte court, Ana’s lawyer focused more narrowly on her political opinion, arguing that she was at risk of persecution for her opposition to gangs in her position on the parent-teacher association board.
After hearing Ana’s case, Couch concluded in his written opinion that Ana was not eligible for asylum because she had “not demonstrated a well-founded fear of future persecution on account of a statutorily protected ground.” He wasn’t convinced that she risked persecution in Honduras because of her political opinion.
Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Cases that claim opposition to gangs as a protected political opinion, the center says, have generated fewer precedent-setting decisions, making that argument a more difficult one to win in court, though it has prevailed in some cases.
Ana’s response to Couch’s extensive questioning played a part in the decision. In immigration court, the asylum seeker is typically the only witness. As a result, “credibility is really the key factor. Persecutors don’t give affidavits,” said Andrew Arthur, a former immigration judge who now works at the Center for Immigration Studies, a nonprofit organization that supports lower levels of immigration.
Couch wrote in his opinion that Ana’s difficulty recounting the names of the women on the association board weighed against her credibility. He noted that she testified about her fears of the gang “with a flat affect and little emotion,” displaying a “poor demeanor” that “did not support her credibility.”
The judge also questioned why, in an early interview with an asylum officer, Ana never mentioned threats to the parent-teacher association, and instead said she thought the gangs were targeting her for the money her daughter’s father was sending from the United States to build a house in Honduras.
Ana’s assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not “persuasive,” Couch wrote. “The evidence indicates this is a case of criminal extortion that the respondent attempts to fashion into an imputed political opinion claim.”
“SOMEONE WANTS TO KILL THEM”
Gutierrez said Ana told her in one of their occasional phone conversations that she felt intimidated by the intense questioning of the ICE attorney. Gutierrez also said her friend “is very forgetful. … It’s not that she is lying. It’s just that she forgets things.”
Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. “They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies,” she said.
Further, Knox said, asylum seekers aren’t thinking about the finer points of U.S. asylum law when they are fleeing persecution. “People show up in our office (and) they have no idea why someone wants to kill them. They just know someone wants to kill them.”
Ana’s lawyer appealed her case to the Board of Immigration Appeals (BIA), the first step in the appellate process. This time, her lawyer included arguments about her membership in a particular social group. She lost. In a three-page ruling, one board member said Ana’s lawyer could not introduce a new argument on appeal and agreed with Couch that Ana hadn’t proved a political motive behind the gang members’ attack.
Ana missed the deadline to appeal the BIA decision to the 4th U.S. Circuit Court of Appeals because her lawyer confused the deadline. She petitioned the BIA through new lawyers to reopen her case and send it back to the immigration court to allow her to present new evidence of her persecution. The new lawyers argued that her previous representation had been ineffective.
In July, the BIA granted Ana the right to a rehearing in immigration court, sending her case back to Charlotte, where it could be heard again by Couch.
Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. The 43-year-old, who worked as a nurse in Honduras, lives in a small one-bedroom apartment with her husband, her two sons – now 15 and 8 – her adult daughter and her grandson. She works as an office janitor and is taking English classes. Her boys are in school. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello.
Ana, 31, has had a baby since arriving in the United States and has been granted work authorization while she awaits a final decision on her case. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras.
“I am very worried about her,” Gutierrez said. “The situation in our country is getting worse and worse.”
Last February, a 50-year-old woman and her 29-year-old son who were selling food at the school Gutierrez and Ana’s children attended were kidnapped from their home and decapitated, according to police records.
The head of the son was placed on the body of the mother and the head of the mother was placed on the body of the son. The murders, like more than 93 percent of crimes in Honduras, remain unsolved.
MEAN STREETS: Gang graffiti covers buildings in Tegucigalpa, the Honduran capital, where rampant violence has prompted thousands of people in recent years to seek asylum in the United States. REUTERS/Jorge Cabrera
Additional reporting by Gustavo Palencia and Kristina Cooke
A not-quite-independent judiciary
U.S. immigration courts are administrative courts within the Department of Justice’s Executive Office for Immigration Review. Unlike federal court judges, whose authority stems from the U.S. Constitution’s establishment of an independent judicial branch, immigration judges fall under the executive branch and thus are hired, and can be fired, by the attorney general.
More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. Cases are assigned to an immigration court based on where the immigrant lives. Within each court, cases are assigned to judges on a random, rotational basis.
The courts handle cases to determine whether an individual should be deported. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. From there, cases can be appealed to federal appeals court.
The Federal Bar Association and the National Association of Immigration Judges have endorsed the idea of creating an immigration court system independent of the executive branch. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model.
Reade Levinson
Heavy Odds
By Mica Rosenberg in Oakland, California, and Reade Levinson and Ryan McNeill in New York, with additional reporting by Gustavo Palencia in Tegucigalpa, Honduras, and Kristina Cooke in San Francisco
Data: Reade Levinson and Ryan McNeill
Graphics: Ashlyn Still
Photo editing: Steve McKinley and Barbara Adhiya
Video: Zachary Goelman
Design: Jeff Magness
Edited by Sue Horton, Janet Roberts and John Blanton”
Go to the link at the beginning to get the full benefit of the “interactive” features of this report on Reuters.
Also, here is an interactive presentation on the Trump Administration’s overall immigration policies:
Interesting to note that the Arlington Immigration Court, where I sat for 13 years, has one of the most consistent “grant rates” in the country, ranging from approximately 54% to 60% grants. Compare that with the Charlotte Immigration Court at 11% to 28% grants within the same judicial circuit (the Fourth Circuit). Something is seriously wrong here. And, Jeff Sessions has absolutely no intent of solving it except by pushing for 100% denials everywhere! That’s the very definition of a “Kangaroo Court!”
It’s time for an Article I Court. But, not sure it will happen any time soon. Meanwhile Sessions is making a mockery out of justice in the Immigration Courts just as he has in many other parts of the U.S. Justice system.
