Executive Office for Immigration Review (“EOIR’) – Page 8

🇺🇸🗽⚖️ CAMILLE MACKLER, EXECUTIVE DIRECTOR AT IMMIGRANT ARC ASKS “WHAT ARE WE GOING TO DO?” — Human Migration Is A Reality & An Opportunity — But, Many Insist On Seeing It Only As Problem!

Camille J. Mackler
Executive Director
Immigrant ARC
PHOTO: JustSecurity

Camille writes on Linkedin:

I truly believe that when we look back on the evolution of migration trends and responses, 2022 will be remembered as the year we entered a new era of policy making. What began as a political stunt by the Texas Governor has turned into a full-on, ad-hoc secondary resettlement system, fueled by the seeming inability of the Federal Government to take meaningful responsibility to support a cohesive response.

We’ve been seeing this since the first buses began arriving in New York City, when City staff and local non-profits would walk people directly to ticket counters in the bus terminal and help them continue onward travel. This has of course expanded into a full-on operation here, but we’ve also seen similar efforts – all carried out with very little coordination between local governments – in other cities including Washington, DC, Denver, and Chicago.

But its not just within the US – countries in Central America are also getting into the business of transporting migrants “anywhere but here.” Nicaragua, ostensibly to spite the US and to force better policy solutions for the region, is allowing and likely even encouraging charter flights from Cuba and Haiti to help individuals from those countries travel North (making money off tourist visa applications and other concessions along the way). Costa Rica, Panama, Honduras, and Mexico are busing individuals and families North to speed their passage through those countries.

The Los Angeles Declaration, which came out of the 2022 Summit of the Americas, promised to create a regional framework and approach to migration in the Americas, but national governments are moving so slowly that cities are getting ahead of them out of pure necessity. Existing networks (such as Cities For Action, e.g.) turned out to be insufficient to help create the necessary connectivity, so instead we are seeing ad hoc attempts with varying levels of engagement by local non-profits.

And regardless of the level of cooperation from local government, civil society is looking for ways to get involved and minimize the harm caused by this perverse game of “hot potato”. A webinar Immigrant ARC and the National Partnership for New Americans is organizing next week on best practices for rapid responses to new arrivals had over 250 sign-ups within three days of announcing registration was open.

So I guess what I’m trying to say is.. What are we going to do? I can’t remember a time that more clearly highlighted how immigration – at its core – is a local issue. But this is our new normal. Migration is natural and, if global trends are any indication, is not abating any time soon. So our challenge is – how do we treat this as an opportunity, not a challenge? And how do we get our elected officials – from local government all the way to the White House – to remember that we are dealing with human lives, full of promise and courage, and not political pawns to be played with at the whims of those currently in power.

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Follow Camille on LinkedIn.

The “problems” are short term, very visible, and over-hyped by nativist politicos and the media — mainstream as well as far right. Folks wading the river, sleeping in the streets, camping in tents, crowded schools, overwhelmed social services, angry and frustrated local officials are all very much in the public eye and easy to sensationalize for the media.

By contrast, the overwhelming benefits of migration — including refugees and other forced migrants — are more abstract and in the future. Expansion of the the workforce, supply chain improvements, innovations, opportunities created by enriching culture, economic expansion, and robust increases in tax revenues don’t happen overnight. In today’s “instant gratification/instant news” culture, people tend not to pay much attention or give credence to things that aren’t happening in “real time.”

So, the solution is to make the tangible benefits of immigration to everyone in society happen more rapidly and more obviously. “Real life concrete examples” of benefits connect with individuals more than projections and statistics about the future. The challenge would be to:

Get asylum applicants to places where food, shelter, education, legal assistance, and job placement are available;
Concentrate on welcoming locations;
Do it in an orderly fashion so that the benefits of migration are rationally distributed and no particular community feels overwhelmed;
Assist individuals to get them through the legal asylum more rapidly so that those who are successful achieve full legal status, work authorization, and can progress toward green cards and citizenship. Those who aren’t eligible won’t “wander the U.S. forever.”

Neither Congress nor the Administration appear to be interested in making this happen. Indeed, the nativist GOP “border proposals” now being debated would make things demonstrably worse in every way! Yet, too many Senate Dems lack the guts to “just say no” to what are basically “enhanced human rights abuses!”

Therefore, it would be up to NGOs working with receptive state and local governments and taking advantage of things like “public-private partnerships.”

NGOs could set up a “national clearinghouse” and a network of local organizations in welcoming communities where migrants could be placed. In that way, they would be “emulating” that which the Federal Government should, but isn’t, doing, as well as obviating the problems caused by GOP governors who are weaponizing migration to support their nativist “invasion” myths.

It could also provide concrete examples of success in enhancing the quality of life and economic opportunities in communities that welcome migrants. Conversely, it could also take some of the pressure off communities who believe (whether correctly or not) that they are overwhelmed or overburdened.

As to Camille’s question:

And how do we get our elected officials – from local government all the way to the White House – to remember that we are dealing with human lives, full of promise and courage, and not political pawns to be played with at the whims of those currently in power.

Unfortunately, I don’t see that happening without a different set of elected officials. The facts are out here. Politicos primarily on the right, but also too many Dems, have gone out of their way to ignore the truth about asylum seekers because they believe it suits their short-term political interests. That’s a tough nut to crack without a new political movement and some new faces of power.

Even now, too much of the “border debate” is vociferous, but one-sided and ill informed. As one successful NGO at the border recently said:

If you really want to know what’s happening on the Mexican side of the border, follow the humanitarian groups like the Sidewalk School, who are working there,” [Felicia] Rangel-Samporano says. “We are there every day, seven days a week.”

Felicia Rangel-Samparano
Director
The Sidewalk School
PHOTO: The Sidewalk School

Fat chance for a visit to the Sidewalk School or any other humanitarian organization at the border from those in power, or, for that matter, for the “mainstream media” to show much interest in injecting truth and expertise into their border reporting. Organizations like The Sidewalk School appear to have the keys to successful border and asylum policies. But, they will need help from their friends — lots of it!

Don’t expect it from Dems on the Hill. As cogently pointed out by Greg Sargent in today’s WashPost, they are tuning out experts like Camille and Felicia Rangel-Samparano — folks with real solutions that would improve border security while actually furthering human rights — in favor of “negotiating” (for war funding abroad) with those driven by the neo-fascist anti-human-rights agenda of Miller and Trump. As stated by Greg:

Sen. Thom Tillis wants you to know that he’s very “reasonable.” That’s the word the North Carolina Republican used with reporters this week while describing immigration reforms that the GOP is demanding from Senate Democrats in exchange for supporting the billions in Ukraine aid that President Biden wants. But the demands from Tillis and his fellow Republican leading the talks, Sen. James Lankford of Oklahoma, are not reasonable at all — they’re following Donald Trump’s playbook. Under the guise of seeking more “border security,” they’re insisting on provisions that would reduce legal immigration in numerous ways that could even undermine the goal of securing the border. According to Democratic sources familiar with the negotiations, Republican demands began to shift soon after the New York Times reported that in a second Trump term, he would launch mass removals of millions of undocumented immigrants, gut asylum seeking almost entirely, and dramatically expand migrant detention in “giant camps.”  As one Senate Democratic source told me, Republicans started acting as though Trump and his immigration policy adviser Stephen Miller were “looking over their shoulders.”

https://www.washingtonpost.com/opinions/2023/11/29/trump-ukraine-senate-republicans-border/

How vile is this “debate” about “sacrificing” other (vulnerable) humans’ lives and rights — things that neither party has a right to use as “bargaining chips?” The GOP, a far-right party that basically has never seen a bomb it didn’t want to drop or a weapon it didn’t want used on some “enemy,” is threatening to withhold weapons for a war against Russian aggression abroad unless Dems agree to kill more folks seeking refuge (ironically, many fleeing from the far-left government of Venezuela) at our border!

In “normal” times, Dems would stand firm for humanitarian assistance, better border processing, and reasonable resettlement assistance (to end the Abbott/DeSantis travesty). But there’s nothing “normal” or remotely “reasonable” about the farce going on in Congress!

You can read and listen to more about The Sidewalk School at this link: https://open.substack.com/pub/theborderchronicle/p/education-instead-of-barbed-wire?r=1se78m&utm_medium=ios&utm_campaign=post%0A

It’s remarkable how little attention the “mainstream media” focuses on those working hard and solving problems, on a daily basis, at the border, like the folks running the Sidewalk School! Compare publicity for the “good guys” who are actually solving problems and saving lives with the amount of time and attention given to GOP nativist politicos spreading anti-immigrant myths and demanding yet more cruelty and expensive, deadly, proven to fail, deterrence!🤯

🇺🇸 Due Process Forever!

PWS

11-29-23

🏴‍☠️ BLACK DECEMBER! — DEMS READY TO SELL OUT ASYLUM SEEKERS’ LEGAL & HUMAN RIGHTS TO GET WAR FUNDING DEAL? — Experts Rip GOP’s End Asylum Proposal, Even As Some Dems Signal Willingness To Cave!

Border Death — “Dems appear to have developed a bad habit of ‘‘bargaining away’ lives and rights that don’t belong to them in the first place.” Taken at the Tijuana-San Diego border.
Tomas Castelazo. To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

https://apple.news/AV6SKpJ3_Sr6s28WOna6z1A

Jennifer Habercorn and Burgess Everett report for Politico:

A growing number of Senate Democrats appear open to making it harder for migrants to seek asylum in order to secure Republican support for aiding Ukraine and Israel.

They are motivated not just by concern for America’s embattled allies. They also believe changes are needed to help a migration crisis that is growing more dire and to potentially dull the political sting of border politics in battleground states before the 2024 elections.

“Look, I think the border needs some attention. I am one that thinks it doesn’t hurt,” said Sen. Jon Tester (D-Mont.), one of the Senate’s most vulnerable Democrats in next year’s midterm election.

Tester said he’s eager to see if a bipartisan group of negotiators can come up with an agreement on a policy issue as elusive as immigration. While he refused to commit to supporting a deal until he sees its details, he didn’t rule out backing stronger border requirements. And he’s not alone.

“I am certainly okay with [border policy] being a part of a national security supplemental,” said Sen. Tammy Baldwin (D-Wis.), another Democrat facing reelection next year. On changes to asylum policy, she said: “I would like to see us make some bipartisan progress, which has eluded us for years. The system’s broken.”

. . . .

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

Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law

Meanwhile, the GOP’s proposal to essentially end asylum — going well beyond the unfair and unduly restrictive policies already imposed by the Administration — has been condemned in the strongest possible terms by human rights and immigration experts. For example, here’s what Professor Karen Musalo, Founder & Director of the Center For Gender & Refugee Studies at Hastings Law, and an internationally-renowned human rights expert, said yesterday:

CGRS Urges Senators to Reject GOP Push to End Asylum

Nov 28, 2023

As negotiations over President Biden’s supplemental funding request continue, the Center for Gender & Refugee Studies (CGRS) urges lawmakers to reject Republican-led proposals that would upend the U.S. asylum system and eviscerate life-saving protections for people fleeing persecution and torture. If enacted, they would erase our longstanding tradition of welcoming asylum seekers and lead to the wrongful return of refugees to countries where they face persecution or torture, in violation of international law.

“These radical proposals amount to a complete abandonment of the U.S. government’s legal and moral obligations to extend protection to refugees fleeing persecution,” Karen Musalo, Director of the Center for Gender & Refugee Studies (CGRS), said today. “In practice, they would result in the persecution, torture, and deaths of families, children, and adults seeking safe haven at our nation’s doorstep. It is utterly shameful that Republican lawmakers are attempting to exploit the budget negotiations process to advance an extremist, anti-immigrant and anti-refugee agenda. The lives of people seeking asylum are not political bargaining chips. We urge lawmakers to join Senator Padilla and other congressional leaders in rejecting these cynical proposals.”

https://cgrs.uclawsf.edu/news/cgrs-urges-senators-reject-gop-push-end-asylum

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

Read the complete Politico article at the first link above.

To me, expressions like “attention” and “bipartisan progress” used by Dem politicos in connection with the Southern border are “code words” for appeasing the GOP nativist right by agreeing to “more border militarization” and “abrogation of the human rights of refugees and asylees!”

I see little “attention” or “bipartisan progress” being discussed on measures that, unlike the GOP “end of asylum/uber enforcement” proposals, would actually address the humanitarian situation on the border (and elsewhere) in a constructive and positive manner:

More, better trained, expert Immigration Judges and Asylum Officers;
Organized resettlement assistance and expedited work authorization for asylum applicants;
Legal assistance for asylum seekers;
An independent Article I Immigration Court;
Revision of the refugee definition to more clearly cover forms of gender-based persecution;
Increased DHS funding for sophisticated undercover and anti-smuggling operations targeting smugglers and cartels;
Adjustment of status for long-term TPS holders.

These are the types effective measures that have long been recommended by experts, yet widely ignored or even directly contravened by those in power. The negative results of “enforcement only” and “extreme cruelty” at the border are obvious in today’s continuing humanitarian situation.

The idea that a forced migration emergency will be “solved” by more draconian enforcement, eradication of human rights, and elimination of due process, as touted by GOP nativists, is a preposterous! Yet, many Dems seem ready, even anxious, to throw asylum applicants and their advocates under the bus — once again!

Unhappily, Congress and the Biden Administration have paid scant attention to the views of experts and those actually involved in relieving the plight of asylum seekers at the border. The politicos continue to dehumanize and demean forced migrants while stubbornly treating a human rights emergency as a “law enforcement crisis” that can be solved with more cruelty and repression.

As experts like Karen Musalo continue to point out, experience shows us that more deterrence and harshness will only make things worse, squandering resources and attention that could more effectively be used to address and alleviate unnecessary human suffering and finally making our refugee and asylum systems function in a fair and efficient manner.

Yet, politicos are more interested in grandstanding, “victim shaming,” and finger pointing than in achieving success and harnessing the positive potential of forced migration for countries like ours fortunate enough to be “receivers” rather than “senders!”

Ending asylum will NOT stop refugees from coming — at least in the long run. Every Administration manipulates or misrepresents statistics to show immediate “deterrent” effect from their latest restrictionist gimmicks (some ruled illegal by Federal Courts). But such “bogus successes” are never durable!

As the current situation shows, decades of failed deterrence merely creates new flows, in different places, piles up more dead migrant bodies, and surrenders the control of border policies to smugglers and cartels. That, in turn, fuels calls by restrictionists and their enablers for harsher, crueler, and ever more expensive (and profitable to some) sanctions imposed on some of the world’s most vulnerable humans.

If asylum ends, America will find itself with a larger, less controllable reality of a growing underground population of extralegal migrants. Contrary to nativist alarmism, this population has remained largely stable recently.

But, that will change as the legal asylum system contracts. Right now, most asylum seekers either apply at ports of entry (often undergoing unreasonable and dangerous waits and struggling with the dysfunctional “CBP One App”) or voluntarily surrender to CBP shortly after entering between ports. The GOP and Dem “go alongs” are determined to change that so that those seeking refuge will have no choice but to be smuggled into the interior where they can become lost in the general population.

This, in turn, will fuel demands by GOP White Nationalists and their Dem enablers for even more expensive and ultimately ineffective border militarization. It will also turn DHS into an internal security police.

Unable to “ferret out” and remove the underground population — because, in fact, they look, act, and are in many cases indistinguishable from native-born Americans and often perform essential services — they will concentrate on harassing and spreading fear among minority populations in America. Also, Trump has also promised that if re-elected, he will abuse his Executive authority to punish his critics and political opponents. Further empowerment of DHS in the interior would be handy in this respect.

Underground populations are also more susceptible to exploitation — another unstated objective of GOP restrictionist policies. What’s better for employers than a disenfranchised workforce who can be fired and turned over to DHS if they demand fair wages or better treatment?

Senate Dems appear to be on the verge of doing precisely what Karen and other experts have repeatedly warned against: using the lives and rights of asylum seekers as a “political bargaining chip” to appease the GOP right and secure military funding for Israel and Ukraine. It’s exactly what happens when experts and those with “on the ground” experience dealing with forced migrants are “locked out of the room” where decisions are made!

While White Nationalist neo-fascists like Stephen Miller and his cronies have remained “at the heart” of GOP policy making on eradicating human rights and punishing asylum seekers, lifetime experts on human rights and asylum find themselves reduced to the role of “outside critics” and “kibitzers” as the Dem Administration and Senate Dems bumble along on the border and human rights. That’s a shame that will certainly diminish and threaten the future of American democracy! And, it’s hard to see how appeasing the GOP restrictionist right will help Dems in 2024!

🇺🇸 Due Process Forever!

PWS

11-29-23

⚖️🗽👏🙏 PRO BONO SPOTLIGHT: SPLC PRO BONO SUPREMES’ WIN GIVES ASYLUM APPLICANT A SECOND CHANCE — Round Table 🛡️⚔️ Also Helped!

From SPLC:

Estrella Santos-Zacaria has come a long way from San Pedro Soloma, Guatemala, a village nestled in the Sierra de los Cuchumatanes mountains and known as El Valle del Ensueño, or the Valley of Dreams.

For years, Santos-Zacaria dreamed desperately — of escape.

In 2008, she attempted to immigrate to the U.S., fearing that the violence she had experienced because of her sexual orientation and identity as a transgender woman could get her killed. Since then, she has been deported twice.

But in January, her case made its way to the U.S. Supreme Court. And on May 11, Santos-Zacaria won the right to further challenge her deportation — and the potential to start a new life in the U.S. Other immigrants facing deportation could benefit, as well, because the ruling helps clear a procedural obstacle for noncitizens seeking judicial review of rulings by the Board of Immigration Appeals (BIA), an administrative appellate body within the U.S. Department of Justice.

The Supreme Court’s decision, authored by Justice Ketanji Brown Jackson, also marks a notable step in its acknowledgment of transgender people. Santos-Zacaria’s chosen name, Estrella, was referenced alongside her former given name, and her proper pronouns were used throughout.

The case was the first initiated by the Southern Poverty Law Center’s Southeast Immigrant Freedom Initiative (SIFI) to reach the U.S. Supreme Court. SIFI provides pro bono legal representation to asylum seekers who are being held at immigrant detention centers in the Deep South.

“What Estrella’s won is the right to keep fighting,” said Peter Isbister, senior lead attorney for SIFI. “And that would not have been possible without her team of volunteer attorneys. Cases and clients like Estrella are why SIFI believes so deeply in having a pro bono program.”

Read More

In solidarity,

Your friends at the Southern Poverty Law Center

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The Round Table filed an amicus brief supporting Estrella’s position before the Supremes.

⚖️🗽🛡⚔️ ON A ROLL — ROUND TABLE ON THE WINNING SIDE FOR THE 3RD TIME @ SUPREMES! — Santos-Zacaria v. Garland — Jurisdiction/Exhaustion — 9-0!

In her case, both the BIA and the 5th Circuit had gone out of the way NOT to meaningfully review life or death mistakes made in the Immigration Court. In doing so, they tossed aside the realities and roadblocks facing those seeking justice in Immigration Court and their representatives (if any, in a glaringly unfair system).

This case shows the critical importance of pro bono immigration assistance. These lower court Federal Judges focused not on constitutionally required due process and fundamental fairness, or on the vulnerable human life at stake, but rather on inventing ways NOT to provide fair hearings in some of the most important, perhaps the most important, cases coming before the Federal Justice system.

Pro bono representation levels the playing field and exposes the poor performance of those whose sole focus should be individual justice, rather than “institutional task avoidance!”

🇺🇸 Due Process Forever!

PWS

11-26-23

🇺🇸🗽⚖️ ANDY J. SEMOTIUK @ FORBES: A 5-MINUTE “PLAIN ENGLISH” READ (OR LISTEN) WITH TRUTH & CLARITY ABOUT ASYLUM & IMMIGRATION POLICY — “In short, national leaders must prioritize bipartisan comprehensive immigration reform and give it enough focus, time and effort for it to be achieved. There is just no other way!”

https://www-forbes-com.cdn.ampproject.org/c/s/www.forbes.com/sites/andyjsemotiuk/2023/11/16/the-best-way-forward-on-immigration-reform-in-america/amp/

Three principles are at the core of Andy’s article:

. . . .

International Obligations and Refugee Protection

Key international obligations regarding refugees also play a crucial role in shaping the discourse. The United States, as a signatory to the 1967 Protocol to the United Nations Convention relating to the Status of Refugees, is bound by several obligations, including:

Non-refoulement: Prohibiting the return of refugees to countries where they would face persecution or harm based on their race, religion, nationality, political opinion, or membership in a particular social group.

Access to asylum procedures: Ensuring a fair and accessible process for individuals to seek asylum and present their claims for protection.

Non-discrimination: Preventing discrimination against refugees based on factors such as nationality or place of entry.

. . . .

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Read the complete article at the link!

I think that the U.S. is in violation of all three of these essential, mandatory legal obligations.

Gimmicks like Title 42, “Remain in Mexico,” coercive detention, “CBP One,” and artificial roadblocks for those applying between ports of entry have violated and continue to violate our “non-refoulment” obligation.

These provisions, along with conducting interviews in detention settings, improperly limiting access to representation, and “expedited dockets” to limit the ability to prepare and present claims are examples of violations of our obligation to provide “fair access” to our asylum system.

And, by intentionally designing our system to discourage and deny applicants of color from the Western Hemisphere, Africa, and Muslim nations, and imposing illegal higher burdens on those not applying at ports of entry, we clearly are violating the “non-discrimination” requirement.

The GOP answer is simply to double down on the violations and abrogate our domestic and international obligations. While the Biden Administration at least nominally acknowledges these obligations, their actions and policies, some actually carried over or borrowed from the Trump Administration, blatantly undermine these principles of protection.

Indeed, the whole “movement” by both parties to use the refugee/asylum system for “rejection and deterrence” rather than “enhanced protection” is a “bipartisan legal and moral travesty!”

What if our “number one priority” was what it should be: Establish a world-class, expert, efficient, robust, generous system that is driven by, and true to, these three governing obligations?

Only after achieving that can we discuss and achieve “border security” in a realistic and effective manner! And, it couldn’t possibly be more expensive, in both fiscal terms and human lives cost, than decades of costly failed deterrence gimmicks and schemes! It’s a case of badly screwed up priorities aggravated by political cowardice!

Institutionalized cruelty, deterrence, and unlawful behavior by our Government has failed to create order at the border and has demonstrably destroyed or diminished human lives. Why not give adherence to laws and to humanitarian values and principles a chance?🤯

We can diminish ourselves as a nation, but it won’t stop human migration!

🇺🇸 Due Process Forever!

PWS

11-25-23

☠️🏴‍☠️ BORDER REALITY: TRAUMA TO THOSE SEEKING ASYLUM AT BORDER STARKLY CONTRASTS WITH POLS’, MEDIA’S “OPEN BORDERS” MYTH! — Women’s Refugee Commission (“WRC”) Releases New Report: “This reinforces yet again that the asylum ban does not appear to have any deterrence effect on their decision to seek protection in the United States and instead simply results in chaos and harm.”

Katharina Obser
Director of Migrants Rights and Justice
Women’s Refugee Commission
PHOTO: Women’s Refugee Commission website

Close to San Diego, California, hundreds of people seeking asylum are being held in deplorable conditions. So-called open-air detention sites are desolate areas in the US at or close to the US-Mexico border, where men, women, and children seeking protection wait outside, exposed to the elements. Nonprofit organizations and volunteers do their best to provide desperately needed water, meals, snacks, first aid, diapers, clothing, and blankets.

Last month, the Women’s Refugee Commission traveled to San Diego and Tijuana, Mexico, to assess the conditions that people seeking asylum at the US-Mexico border face. Our short report, released today, is heartbreaking. We heard about families being separated. About people scared to go to hospital for treatment in case they aren’t reunited with their loved ones. And about rampant exploitation of people seeking asylum as they travel through Mexico to reach the United States.

READ OUR NEW REPORT

We will use our findings to advocate that the Biden administration rescind its asylum ban; ends the use open-air detention sites; and that Congress significantly increase investment in organizations providing short-term aid, housing, and services. And we will continue to call for those seeking asylum to be treated humanely and with dignity.

Katharina Obser
Director, Migrant Rights and Justice Program

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

Compare this with the “border BS” spread by the GOP and the media that ignores the human and legal traumas at the border and falsely insists that competently administering domestic and international refugee and asylum laws is “mission impossible” for the world’s most prosperous superpower.

It appears that the politicos are too busy spreading lies and myths about the most vulnerable among us to solve problems in a humane, reasonable, and efficient manner!

🇺🇸 Due Process Forever!

PWS

11-24-23

🦃 TALKING TURKEY @ THANKSGIVING DINNER — Handy Facts About Immigration To Educate Those Who Bring Nativist Myths To The Dinner Table — An NILC Primer! — “[E]ach conversation contributes to building a more informed and compassionate society.“

Paul, the holiday season is a time filled with joy, festivities, and yes, perhaps even a few challenging political discussions at the dinner table.

Most of us can relate to that moment when someone decides to bring up a political topic just as the turkey is being carved, or right before dessert. Our country is undeniably divided, and sometimes these divisive conversations can even make their way into our family gatherings.

The NILC-IJF team is committed to equipping you with the tools and information you may need to navigate tough conversations on immigration this holiday season.

Here are a few quick facts to keep in your back pocket:

When someone mentions the so-called “border crisis”…
- There is not a “border crisis,” but rather a humanitarian crisis at our border.
- This humanitarian crisis has worsened over the years because of an overwhelming backlog of cases, resources not being funneled to lawful and humane processing, and harmful policy choices, such as the implementation of the Title 42 expulsion order. These choices have decimated our asylum system, making it almost impossible for people fleeing violence and seeking safety to access their legal right to seek asylum.
When someone starts talking about DACA…
- DACA recipients contribute so much to our communities — they are students, teachers, nurses, doctors, and loved ones who have lived in the U.S. for most of their lives.
- Year after year, in poll after poll, a majority of Americans across party lines support Congress passing a pathway to citizenship for immigrant youth.
- In fact, a survey from Pew Research Center found that 74% of Americans support a law that would provide permanent legal status for immigrant youth.
When someone mentions taxes or the economy…
- Undocumented immigrants pay billions of dollars in federal, state, and local taxes nationwide (Source: Internal Revenue Service).
- Immigrants play a crucial role in contributing to the U.S. economy, starting businesses, creating jobs, and driving innovation.
- According to the National Bureau of Economic Research, immigrants were responsible for over half of the U.S. startup companies valued at $1 billion or more in 2020.

Engaging in difficult political conversations with family and friends is a crucial step in advocating for immigrants’ rights. Sometimes, it only takes one conversation to make a difference, while other times, it may take many more. But each conversation contributes to building a more informed and compassionate society.

Thank you for taking the time to read through the quick facts we shared above, and we hope they are helpful if someone brings up immigration this holiday season.

Sincerely,

— NILC Immigrant Justice Fund

DONATE

Paid for by NILC Immigrant Justice Fund, immigrantjusticefund.org, not authorized by any candidate or candidate’s committee.

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

Yes, I know that the “rule of thumb” is to avoid politics, religion, and other potentially divisive topics at the Thanksgiving table. But, not everybody follows the rules. So, it’s always prudent to be prepared.

Sadly, according to this highly negative article by Aaron Blake in today’s WashPost, on immigration, the border, and human rights, truth is losing out to myth, even among some Dems. See, e.g., https://www.washingtonpost.com/politics/2023/11/21/democrats-border-problem-is-getting-real/.

Aaron gives a very one-sided report: No mention of the plight of migrants arriving at the border, what forces them to leave their homes, the largely artificially-created obstacles they face in presenting their legal claims, and the extraordinary efforts of many NGOs, religious groups, local governments, bar associations and other informed humanitarians to take up the slack left by the cruel stunts of GOP nativist governors and the lack of effective planning and coordination by the Federal Government. See, e.g., https://immigrationcourtside.com/2023/11/21/%F0%9F%87%BA%F0%9F%87%B8%F0%9F%97%BD%E2%9A%96%EF%B8%8F%F0%9F%98%87-the-story-the-mainstream-media-ignores-faith-commnities-in-chicago-continue-to-aid-forced-migrants-despite-gop-stu/. Unfortunately, for many, perception, no matter how distorted or inaccurate, becomes their reality!

Courtland Milloy
Columnist
WashPost
PHOTO: WashPost

We can’t give up on advancing and advocating for truth, hope, and humanity over myths, fear, loathing, and misunderstanding! In that respect, this more hopeful article by local columnist Courtland Milloy in today’s WashPost illustrates how a diverse group of his “Gen Z” students are embracing rational dialogue and problem solving to build a better future! https://www.washingtonpost.com/dc-md-va/2023/11/21/courtland-milloy-northern-virginia-community-college/. Courtland observes:

Having access to a supportive community college such as NOVA, where an international student body tends to coalesce around a common struggle to make it against the odds, added to the students’ sense of optimism about their future.

Immigration, of all types, can and should be a source of optimism and dynamism for the future! But, it won’t happen unless we are willing to take on the myths and naysayers head-on with truth and reality!

🇺🇸 Due Process Forever!

PWS

11-22-23

🇺🇸🗽⚖️😇 THE STORY THE “MAINSTREAM MEDIA” IGNORES: Faith Commnities In Chicago Continue To Aid Forced Migrants Despite GOP Stunts & Feds’ Indifference!

From Rev. Craig Mousin:

Dear Paul,

I trust you are well. You might be interested in the 2023 Annual meeting of Chicago’s Community Renewal Society as it focused on the bussing of asylum-seekers to Chicago and the response of faith communities and community-based organizations:

Although many reports in the media critique Chicago and other major cities response to southern governors who bus asylum-seekers and newcomers from the southern border to Chicago, we have not heard as much about the outpouring of support and hospitality offered by Chicagoans through faith communities, community-based organizations, and volunteers. The held its 2023 Virtual Meeting on November 9, 2023, to highlight some of that hospitality and welcome. You can view the entire meeting at the link below. You will hear some great preaching about Chicago faith communities’ responses from Rev. Dr. Waltrina Middleton, CRS Executive Director, (starting at 0.15), and Rev. Dr. Beth Brown, Pastor at Lincoln Park Presbyterian Church (starting at 30.16). Fasika Alem, Programs Director of the United African Organization described their work as part of the Sanctuary Working Group (starting at 7:56). I provided a brief review of the Refugee Act of 1980 and a description of former Mayor Harold Washington’s first Executive Order banning city cooperation with federal immigration enforcement agents (starting at 44:30). You can view the entire meeting at: https://www.communityrenewalsociety.org/videos/v/2023ama #CRSAMA2023

Please share this resource regarding CRS and Chicago faith communities’ responses to migrants arriving in Chicago. If you would like more information about Mayor Harold Washington’s first Executive Order and the coalition that supported the welcome of immigrants and refugees to Chicago, see my article in the Southern Illinois Law Journal: “A Clear View from the Prairie: Harold Washington and the People of Illinois Respond to Federal Encroachment of Human Rights,” 29 S. Ill. L. J. 285 (Fall, 2004/Winter, 2005): https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2997657

If you have any questions, please let me know.

Best wishes for a blessed and Happy Thanksgiving.

Craig

Craig B. Mousin

You can find some of my publications at either:

https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=667812or

https://works.bepress.com/craig_mousin/

You can find my digital story at:https://www.youtube.com/watch?v=c9VTkjhzIcI

You can follow the podcast Lawful Assembly at:https://lawfulassembly.buzzsprout.com

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

Thanks, Craig!

Human migration is inevitable and has huge benefits to societies that learn how to deal with it in a robust, legal, humane, realistic manner, rather than exhibiting “fear and loathing.” See, e.g., https://www.forbes.com/sites/andyjsemotiuk/2023/11/15/new-report-details-huge-contribution-immigrants-are-making-to-america/.

Yet, the so-called “mainstream media” exhibits little interest in the realities and benefits of migration. Instead they prefer to uncritically repeat White Nationalist “talking points” about “invasions,” “burdens,” “costs,” and “unprecedented crises.”

They also regularly blur the distinction between “unauthorized entrants” and the many asylum seekers who are screened and allowed into the U.S. to exercise their legal rights to apply for protection under U.S. and international laws (in, I might add, a legal system intentionally stacked against them). Such individuals are here with official permission; they are “NOT” “illegal entrants” as White Nationalists like to incorrectly characterize them. Indeed, the “scofflaws” here are actually those who seek to deny both the humanity and the legal rights of asylum seekers!

The Administration aggravates this situation by failing to speak out forcibly in favor of immigrants’ rights and the realities and benefits of immigration. They also have not developed a coordinated reception and resettlement approach to combat the shenanigans of GOP nativist governors and politicos. The Dems thus have mistakenly turned the initiative on human rights and immigration over to haters, nativists, and fabricators — folks with no interest whatsoever in instituting humanity, efficiency, and the rule of law at the border!

Thus, the truth about immigration and its benefits as well as humane, realistic ways of improving our immigration system (including the process for accepting refugees and asylees) remains largely hidden “beneath the radar screen.”

Jorge Gonzalez, Esquire
Senior Counsel, Patent Litigation
AbbVie
PHOTO: Linkedin

In a recent post, Attorney Jorge Gonzalez stated his actual experience helping asylum seekers at the southern border:

I interviewed many migrants awaiting their credible fear interview. All of them suffered persecution during their time in Mexico, whether they were robbed by police, cartel members, or ordinary citizens. Many were kidnapped and held for ransom. Some had group members that did not finish the journey.

⚖️🗽🇺🇸 AT THE BORDER: AS WHITE NATIONALIST CANDIDATE TAKES CAMPAIGN OF HATE, LIES, & RACISM TO THE BORDER, JORGE GONZALEZ, ESQUIRE, REFLECTS ON A WEEK OF HELPING PEOPLE STRUGGLING TO SURVIVE & ASSERT LEGAL RIGHTS ROUTINELY DENIED TO THEM!

This speaks loudly about those, from both parties, who seek to impose “gimmicks” and “further restrictions” at our already over-militarized border that would “deter” legal asylum seekers by forcing them to remain in Mexico or denying them fair hearings on their applications. The question of “right or wrong” here is not fairly debatable! Intentionally mistreating asylum seekers is wrong from both a legal and a moral standpoint! Yet, one sure wouldn’t know that from listening to the “mainstream media!”

The GOP prefers demagoguery to truth. Meanwhile, the Dems are scared to embrace the truth about immigration.

🇺🇸 Due Process Forever!

PWS

11-21-23

🇺🇸 SHE’S RUNNING! — ROUND TABLE’S 🛡️ JUDGE CECELIA ESPENOZA SEEKS COLORADO STATE HOUSE SEAT!

Cecelia M. Espenoza — Hon. Cecelia M.Espenoza
Former Appellate Immigration Judge, BIA
Source:
Denverdemocrats.org

View this email in your browser

I’m Running For the State House

I have spent my life serving our community by trying to create a more just, equitable and inclusive world. From my work as a judge striving to give everyone an equal opportunity for justice, to my work as a law professor training the next generation of legal minds, to my work as a local Democratic Party leader helping to elect progressive candidates, I have always answered the call to serve.

I am Cecelia Espenoza, and I am thrilled to announce that I have officially filed to represent North and West Denver in the Colorado State House!

I have seen the amazing results when the community works together to make a difference. My parents were migrant farmworkers who became small business owners. My father became a community icon as the first licensed Mexican-American barber. He created a space for all in our community to gather and enjoy life, even when things were hard. I promise that I will work to unite our community toward our shared goals and values: fairness, equality, and progress for all.

Will you join me as one of my first supporters with a $25, $50, $100 or $450 donation today to get my campaign off to a strong start?

We face so many issues in Colorado that make it harder for people to thrive. Our rent and housing costs have skyrocketed, leaving many of us without a safe and secure place to live. Our wages have not kept up with the spike in the cost-of-living. Too many of us lack access to affordable healthcare; adequate food; or the ability to pay down student loans. All of this while right-wing politicians try to undermine basic rights around reproductive healthcare, the LGBTQIA community, and access to the ballot box.

I’m running because the voters of House District 4 deserve a representative who will work to serve them and address issues, not serve themselves by posturing on social media and seeking the limelight. The real problems our community faces like gun-violence, housing costs, climate change, educational inequity, racism, and healthcare access demand a clear, mature, and reasoned look at changing policy. I promise that I will be a representative who puts the people of our community first.

Donate now to help me spread my message to the voters of Denver to make sure they know the choice they have next year.

I am proud of my record of getting things done to help others. I am proud to be a Democrat and to have helped so many other great candidates achieve success throughout my life. Now I need your help as an inaugural member of my team.

If you’ve made it this far and are in a financial position to be one of my inaugural donors your contribution will help me stand up a campaign and spread my message to the voters.

If there are any questions that aren’t answered by my website, or if you just want to grab a cup of coffee, you can call or text my cell phone at 703-989-9261 or email me at cecelia@cecelia4colorado.com

Donate Here

Join Us

Our mailing address is:
Cecelia for Colorado 2475 N RALEIGH ST Denver, CO 80212 USA

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Paid for by Cecelia4Colorado
Registered Agent: Cecelia Espenoza

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

Good luck, my friend and colleague! Thanks for taking on the challenge! We need more NDPA stars in elected positions at all levels, across our nation!

🇺🇸 Due Process Forever!

PWS

11-18-23

⚖️ HON. “SIR JEFFREY” CHASE MINES GOLDEN NUGGETS FROM SLURRY OF DENIAL! — VARELA-CHAVARRIA v. GARLAND — 1st Cir.

Panning for Gold — Hon. “Sir Jeffrey” Chase does the hard, dirty work of sifting through the legal muck for golden nuggets of hope and enlightenment!
“The First Pan”
By by W. Sihmedtgen.
Public Realm

“Sir Jeffrey” writes:

In spite of the petition being denied, there is useful language on what constitutes persecution for a child, and in fn 6 on an IJ’s obligation to assist in delineating a PSG, whether or not the applicant is pro se.

Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

Read the full decision here:

http://media.ca1.uscourts.gov/pdf.opinions/22-1780P-01A.pdf

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

Even when the final result passes Circuit review, the BIA’s too often sloppy “any reason to deny” approach should be of grave concern to all who advocate for due process and fundamental fairness for asylum seekers.

🇺🇸 Due Process Forever!

PWS

11-17-23

🇺🇸⚖️🗽👍 STUDY INDICATES THAT WITH UNDERSTANDING & ASSISTANCE, MOST APPLICANTS WOULD PASS “CREDIBLE FEAR” — Why Are Politicos Ignoring Most Cost-Effective Solutions?

https://nmpoliticalreport.com/2023/11/07/pilot-program-more-than-90-of-asylum-seekers-pass-credible-fear-interview-when-given-help/

Susan Dunlap reports for NM Political Report:

An immigrant advocacy center found that when their staff were able to provide legal representation or help to immigrants facing credible fear interviews, the immigrant outcomes improved considerably.

Las Americas Immigrant Advocacy Center, a nonprofit based in El Paso, released a report last week detailing challenges the organization’s staff found and recommendations for change and statistical data on individuals seeking asylum in the U.S. The nonprofit initiated a pilot project over eight weeks in the summer of 2023 in two New Mexico immigration detention facilities: The Torrance County Detention Facility and Otero County Processing Center along with the El Paso Processing Center. The project sought to provide participating asylum seekers legal representation or help in preparation prior to the migrant’s credible fear interview. They found that the participating asylum seekers had a 91.6 percent pass rate at the three facilities.

A credible fear interview is an important part of the immigration process for asylum seekers, advocates have said. Often, asylum seekers are placed into detention facilities where there is documented abuse before they are allowed a credible fear interview with an immigration judge. Advocates who work with asylum seekers have said that asylum seekers are often brought to a room to talk to the immigration judge over the phone. The conversation is not private and the asylum seeker is often not given time to prepare. Sometimes the asylum seeker is not provided a translator and not all asylum seekers speak Spanish or English. If the asylum seeker fails to convince an immigration judge of the danger they left behind, the asylum seeker is most likely to face deportation and are often returned to life threatening situations, advocates have told NM Political Report in the past.

. . . .

One recommendation to help solve the problem is for the creation of scholarship programs for community members with lived experience and building a community accreditation program that would offer community members with free training and job placement.

“This would also provide a cost-effective way of expanding legal services to meet demand, giving organizations like ours a more sustained means of providing quality legal services to a higher number of migrants,” the report states.

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

Read Susan’s complete article at the link.

Studies like this reflect a reality that experts have long recognized, but few politicos and media figures are willing to admit:

Many, probably the majority, of those arriving at the border have credible claims for asylum;
They won’t be “deterred” from coming by cruelty, punishment, negative, often racist, rhetoric, and ever more extreme, deadly, yet ultimately ineffective border militarization;
With competent representation and better adjudicators — those with demonstrated, recognized adylum expertise — at both USCIS and EOIR many more asylum claims can and should be granted in a timely manner;
Rather than more expensive, ineffective border militarization, harsh imprisonment (“New American Gulag”), and coming up with new immoral and illegal restrictions on asylum, the Federal Government should be investing in more rational and cost-effective measures such as:
- Training and approving more accredited representatives for arriving asylum seekers through programs like VIISTA Villanova;
- Assisting localities and NGOs with reception and resettlement services;
- Implementing better hiring practices and asylum training at the Asylum Office and EOIR;
- Granting more asylum cases in a timely manner at or near to the “initial encounter” level (something that the Administration empowered itself to do, then inexplicably “suspended” the program just when it was MOST needed);
- Developing better coordination, skills matching, and job training for those granted asylum;
- Investing in English Language Learning, vocational training, social work, and other integration and assimilation services in communities where refugees resettle (notably, this would also create good job opportunities — many at the “professional” level — for existing U.S. workers).

It’s past time to move beyond “open border myths” and come up with humane, productive, legal, and effective programs to deal with the realities of human migration at our border!

🇺🇸 Due Process Forever, and great appreciation to all our veterans, past, present, and future!🙏👍

PWS

11-11-23

⚖️👨🏻‍⚖️👩🏽‍⚖️ GARLAND APPOINTS 39 NEW IJS — GOV. ATTORNEYS PREDOMINATE!

Judge Merrick Garland — Attorney General Merrick B. Garland
Official White House Photo
Public Realm

Attorney General Merrick Garland announced the appointment of 39 new Immigration Judges to EOIR. In somewhat of a “return to the past,” attorneys with primarily government backgrounds and judges from non-immigration systems predominated.

My “quick and dirty” analysis came up with the following groupings:

NGOs = 4

Immigration Private Practice = 9

Retired IJs = 2

DHS/EOIR = 10

Other Gov. = 8

Other Judicial = 5

Other Private Practice = 1

Among the names that stand out for me personally:

Judge Florence Chamberlain, San Francisco Immigration Court — Previously Managing Director, Northern Division, Ciudad Juarez, Kids In Need of Defense (“KIND”)

Judge Kevin Chapman, Atlanta Immigration Court — Previously Retired Immigration Judge, Orlando Immigration Court, previously Acting General Counsel and Deputy General Counsel EOIR

Judge Allison Daw, Sacramento Immigration Court — Previously Retired Immigration Judge Los Angeles & San Francisco Immigration Courts and former Member of the Round Table

Judge Enrique Holguin, El Paso Immigration Court — Previously Managing Attorney, Diocesan Immigrant & Refugee Services of El Paso

Judge June K. Lee, Hyattsville Immigration Court — Previously Director, Immigrants’ Rights Legal Services Project at Legal Aid D.C.

Judge Dianna Michelle Martinez Soler, New York (Broadway) Immigration Court — Previously Legal Director at Central American Legal Assistance (“CALA”), Brooklyn, NY

Judge Elizabeth Kohler Maya, Baltimore Immigration Court — Previously Managing Partner, Bromberg, Kohler Maya & Petre LLC, who appeared before me at the “Legacy” Arlington Immigration Court

Judge Anam Rahman Petit, Annandale Immigration Court — Previously Partner, Calderon Seguin PLC, Fairfax, VA, who appeared before me at the “Legacy” Arlington Immigration Court

Judge Susana Reyes, Seattle Immigration Court — Previously long-time private immigration practitioner, Dallas TX

Judge Tyler “Tiger” Wood, Denver Immigration Court — Previously Assistant Chief Counsel for ICE in Denver and Arlington where he appeared extensively in my court

Bios of these and all of the other newly appointed judges are here:

https://www.justice.gov/d9/2023-11/notice_eoir_announces_39_new_immigration_judges_11072023.pdf

Congrats and good luck to all the new judges! Remember, there’s only one real job at EOIR: Guaranteeing fairness and due process for all!

🇺🇸 Due Process Forever!

PWS

11-07-23

🗽⚖️ GREG CHEN AT THE BORDER: It Can Be Managed In A Humane & Legal Manner!

Greg writes @ Azcentral.com:

https://www.azcentral.com/story/opinion/op-ed/2023/11/03/pima-county-migrants-congress-resources-ports-border-courts/71411161007/

If Pima County can effectively handle a migrant surge, why is it so hard for Congress?

Opinion: If Congress weren’t so dysfunctional, it would see where and how many resources are needed to effectively manage immigrants and the border.

Gregory Chen opinion contributor

It’s hard to imagine any American having faith in government — or its ability to solve a complex problem like immigration — when Congress can barely pass a temporary spending bill without getting mired in controversial issues like border security and coming dangerously close to shutting down the government.

Fortunately, dysfunction is not the story in every part of the country.

While Congress is pointing fingers on immigration, small towns and cities throughout the country are doing the hard work of managing migrants arriving at the U.S. southern border.

I recently visited Arizona with a delegation of immigration attorneys and policy experts and saw the work by government officials, social workers and health care professionals up close.

Every day, federal Customs and Border Protection (CBP) agents take recent arrivals to a church-affiliated shelter in Tucson, which does COVID-19 and other health screenings, provides a hot meal, and finds short-term local shelter, busing or other transportation in a matter of days or hours.

Remarkably, even with increased numbers of people coming into Pima County, the coalition of county administrators and nonprofits has found temporary housing and transport for everyone and avoided having people end up on the streets.

The local collaboration, supported by federal emergency funding, is a model for how migration at the border can be managed effectively.

. . . .

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

Read Greg’s complete article at the link. It’s largely what I’ve been saying all along. Although far from perfect (what is perfect these days?), the current law could be made to work if there were the political will to do so.

The GOP’s unrelenting racism, xenophobia, dehumanization, and “doubling down” on failed deterrence and punishment “strategies” are guaranteed to make things worse. Dems need to stand tall for solving the humanitarian issues at Southern Border in a humane, legal, and practical manner, using the tools available under current law!

It can be done! We just need the political will (and political pressure) to make it happen. It’s not rocket science!🚀

🇺🇸 Due Process Forever!

PWS

11-06-23

🗽IMMIGRATION REFORM — A WAY FORWARD — Featuring Experts: Stephen Yale Loehr, Theresa Cardinal Brown, Randal K. “Randy” Johnson, Charles Kamasaki, Marielena Hincapie

Professor Stephen Yale-Loehr
Cornell Law

***MEDIA ADVISORY***

Press Call: Thursday November 9 at 12:00 PM Eastern

RSVP to npimmigration@npstrategygroup.com for dial-in details.

Immigration Reform: A Path Forward

Ithaca, NY – As Congress considers border security issues in upcoming appropriations debates, four immigration scholars at Cornell Law School suggest opportunities for constructive, achievable, and sustainable immigration reforms. In a recent white paper they offer three sets of interlocking proposals structured to maximize bipartisan support: (1) strengthening border security; (2) adding work visas; and (3) offering deportation protection to DREAMers.

The Cornell scholars will assess the political landscape, describe their proposals, and outline why they believe the proposed reforms should—and could—be enacted.

WHEN: Thursday, November 9, 2023 at 12:00 PM Eastern

WHO:

Stephen Yale-Loehr, Professor of Immigration Practice and Director, Immigration Law and Policy Program, Cornell Law School

Theresa Cardinal Brown, Distinguished Visiting Immigration Scholar, Cornell Law School

Randel K. “Randy” Johnson, Distinguished Visiting Immigration Scholar, Cornell Law School

Charles Kamasaki, Distinguished Visiting Immigration Scholar, Cornell Law School

Marielena Hincapie, Distinguished Visiting Immigration Scholar, Cornell Law School (moderator)

HOW:

Participant Toll-Free Number: 800-225-9448 Primary

Participant Direct/International Number: 203-518-9708 Alternate

Conference ID: CORNELL

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

The item above is advertised as a “press call,” but it is open to anyone.

🇺🇸Due Process Forever!

PWS

11-04-23

⚔️🛡️⚖️🗽👩🏽‍⚖️ ROUND TABLE AMONG ORGS ENDORSING THE BIPARTISAN CHILDREN’S IMMIGRATION COURT BILL! — Rep. Hillary Scholten (D-MI) Among Co-Sponsors!

“Sir Jeffrey” Chase reports:

Hi all: The bipartisan Children’s Immigration Court bill that we endorsed was introduced today.

The press release of Sen. Michael Bennet included this quote from Cecelia!

“The most vulnerable people in immigration proceedings are unaccompanied children. The Immigration Court Efficiency and Children’s Court Act of 2023 not only improves the process for children, it also provides necessary support and guidance to the overburdened immigration court system to address the needs of these children,” said Cecelia M. Espenoza, Former Appellate Immigration Judge.

A link to the full press release is here:

https://www.bennet.senate.gov/public/index.cfm/press-releases?id=26F938C9-0426-41DA-8F25-1BF08FD8E4AE

And this accompanying list of sponsoring organizations includes the Round Table (at #28):

https://www.bennet.senate.gov/public/_cache/files/8/5/85527130-70b8-40ab-8324-4ecc466712c5/E717DE48CC2EA2E5166E595774B666E5.children-s-court-supportive-orgs.pdf

Feel free to amplify/share/distribute.

Thanks to all! – Jeff

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

Thanks to Sen. Michael Bennett (D-CO), Sen. Lisa Murkowski (R-Alaska), Rep. Dan Goldman (D-N.Y.), Rep. Maria Salazar (R-Fla.), Rep. Hillary Scholten (D-MI), and Rep. Lori Chavez-DeRemer (R-OR)! This is long, long overdue! A great bipartisan idea! 😎

Rep. Hillary Scholten (D-MI)
Credit: Ike Hayman
SOURCE: Wikipedia

Rep. Hillary Scholten, the only former EOIR attorney in Congress, and an indefatigable advocate for good government, due process, common sense, and the well-being of children had this to say:

“Let’s be clear about one thing–infants and children should not be in a situation where they have to stand trial in immigration court,” said Scholten. “We have a deeply broken immigration system in this country. But as we continue the long and complicated work for repairing it, of fighting for justice in a political climate that has grown callous to the suffering of children, the next best option is creating a court that works to accommodate their unique needs. As a mom, I’ll never stop fighting for these vulnerable kids.”

🇺🇸 Due Process Forever!

PWS

11-4-23

🆘 A PRACTITIONER’S CRY FOR HELP FROM THE BOWELS OF GARLAND’S DYSFUNCTIONAL “COURTS!” – How Bad Must Things Get For Our “Above The Fray” AG To Finally Make Long-Overdue, Common Sense, Readily-Achievable Due Process Reforms To His Malfunctioning EOIR?

Atilla the Hun — Is this REALLY the “look” that Dems want at the “retail level” of the U.S. justice system. What if Garland and his lieutenants had to face this every day of their professional careers?

Received in the “Courtside mailbox:”

Hello. I just came across your page. What great work you are doing. This is awesome. I have a few topics that it would be nice to see a discussion about regarding IJ demeanor and how immigration lawyers are treated by IJs:

1. IJs are unchecked in many instances. When a lawyer is sick and unable to appear, there is no established method for informing the court. You just hope that the IJ has a responsible and reliable legal assistant [note: high turnover and understaffing of legal assistants is a chronic problem at EOIR] who will inform the IJ of your illness. Oftentimes, IJs become enraged that you do something human like “become too sick to appear.” They take it out on the respondent who has courageously appeared, without a lawyer, to avoid an in–absentia order. They oftentimes display bullying and rude behavior towards the client and the office staff of the lawyer when they learn that the lawyer cannot appear, even in instances where the lawyer or lawyer’s staff members have taken measures to inform the court of said illness. This bullying behavior may cause the client to lose faith in the attorney’s representation.

In years past, I can probably count upwards of several dozen occasions when I have traveled over 2 hours for a PreCovidafternoon individual hearing only to find out that the IJ was out sick. [“Aimless Docket Reshuffling (“ADR”) in action.] No one called to inform my office, and there was no recourse or reimbursement of travel funds. It would have been inappropriate to express any anger at the time I was informed at the pre-COVID hearing. Yet some IJs take it out on lawyers, the respondent, and the lawyers’ staff for the being too ill to appear. There is no human response. This behavior pressures some lawyers to perform even in instances where they may not be competent to perform. Yet IJs cancel court hearings, from the privacy of their homes, by calling out of work, providing lawyers and respondents with absolutely no notice or explanation.

2. Some IJs are unreasonably denying Webex hearings. How can the private bar join the DHS to make a statement regarding their newest fight to challenge IJs seeking to force them to travel from other states and far-away locations for hearings?

3. IJs need to stop yelling, rolling eyes, bullying, and mistreating lawyers and respondents.

4. One time I appeared in court with high fever and a bad cough, and asked for a continuance. Instead, the judge forced me to conduct the 3-hour individual hearing anyway. I was surely not competent to represent the respondent that day.

5. OPLA apparently is now being forced by EOIR to appear in person at the court. OPLA’s position is that its attorneys shouldn’t be forced to travel hours each way to and from to conduct hearings, and that it is essentially a waste of resources when WebEx is available. I believe that the private bar should join OPLA in its battle to preserve the ability to appear by WebEx, since it concerns us too.

6. We should not be arbitrarily and capriciously dragged in to court for in person appearances when technology affords otherwise. We have been using virtual technology for almost four years now, with the lesson of efficiency at the forefront. Traveling numerous hours each way is costly and ultimately unproductive for both the government and private bar members not living in close proximity to courts. With the advent of WebEx, attorneys get more work done by cutting down the number of hours sitting in traffic, leaving more time for case management and preparation. Most importantly, the benefit of WebEx hearings is an improvement of mental health of attorneys on both sides. It is important to mention that the pressure associated with dealing with temperamental adjudicators, a lack of productivity from daily travel, and overwhelming pressure to perform one’s duties for fear of being found ineffective ultimately leads to depression and anxiety.

7. One can also imagine the overall benefits for IJs and EOIR personnel. Having an efficient process for disposal of cases also gives IJs more time for case review and case management. One might also surmise that IJs may find relief in having fewer people in their courtrooms.

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

This unduly harsh treatment of the legitimate needs of private attorneys by some IJs contrasts sharply with the recent “policy position” of OPLA that, essentially, ICE attorneys only have to appear in cases where “they feel like it.” https://www.ice.gov/about-ice/opla/prosecutorial-discretion.

I can testify from years on the bench that there are many occasions when as an IJ, I needed information and positions that only the Assistant Chief Counsel could furnish. This basically contemptuous approach to Immigration Court by DHS effectively converts IJs into Asylum Officers, perhaps less than that because IJs don’t have ready access to key information in the DHS databases. Moreover, I actually learned useful things about the strengths or weaknesses of a case by having an opportunity for a face-to-face dialogue with both counsel.

I wonder if OPLA would dare conduct business in this highly insulting and unprofessional manner if the DOJ had actually implemented the statutory contempt authority granted to IJs by Congress decades ago but improperly withheld by DOJ over Administrations of both parties.

This isn’t to minimize the observations of the anonymous attorney who related their experiences above that both counsel, and the cause of justice, suffer from lack of minimum professional judicial standards at EOIR.

I wonder how AG Merrick Garland and his political lieutenants would like it if, rather than moving on to cushy jobs after their DOJ tenure, they were required to spend the rest of their careers making a living representing individuals before the dysfunctional and irrationally “user-unfriendly” courts that they thus far have failed to materially reform? Until the Immigration Courts are finally removed from DOJ into an independent Article I structure, the appointment of AGs who lack significant “hands on” experience representing individuals before EOIR will remain problematic for justice in America. In the interim, Garland could and should make reforms administratively! Why hasn’t he?

🇺🇸 Due Process Forever!

PWS

11-03-23

Participant Toll-Free Number:	800-225-9448 Primary
Participant Direct/International Number:	203-518-9708 Alternate
Conference ID:	CORNELL

🇺🇸 Due Process Forever!

Related posts:

Jennifer Habercorn and Burgess Everett report for Politico:

CGRS Urges Senators to Reject GOP Push to End Asylum

🇺🇸 Due Process Forever!

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From SPLC:

🇺🇸 Due Process Forever!

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Three principles are at the core of Andy’s article:

🇺🇸 Due Process Forever!

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🇺🇸 Due Process Forever!

Related posts:

🇺🇸 Due Process Forever!

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From Rev. Craig Mousin:

🇺🇸 Due Process Forever!

Related posts:

🇺🇸 Due Process Forever!

Related posts:

“Sir Jeffrey” writes:

🇺🇸 Due Process Forever!

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Susan Dunlap reports for NM Political Report:

🇺🇸 Due Process Forever, and great appreciation to all our veterans, past, present, and future!🙏👍

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My “quick and dirty” analysis came up with the following groupings:

Bios of these and all of the other newly appointed judges are here:

🇺🇸 Due Process Forever!

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Greg writes @ Azcentral.com:

If Pima County can effectively handle a migrant surge, why is it so hard for Congress?

Opinion: If Congress weren’t so dysfunctional, it would see where and how many resources are needed to effectively manage immigrants and the border.

🇺🇸 Due Process Forever!

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🇺🇸Due Process Forever!

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“Sir Jeffrey” Chase reports:

🇺🇸 Due Process Forever!

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Received in the “Courtside mailbox:”

🇺🇸 Due Process Forever!

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