Category: Detention

🇺🇸🗽NEW VISION: Biden Administration Reportedly Plans To Turn Gulags Into “Rapid Processing Centers!”

Celine Castronuovo
Celine Castronuovo
Staff Writer
The Hill
PHOTO: Twitter

https://apple.news/A_66ulAuzRTeEZzT59d_vTw

Celine Castronuovo reports in The Hill:

The Department of Homeland Security (DHS) is reportedly drafting plans to transform family migrant detention centers in South Texas into screening hubs as the Biden administration faces a growing number of migrants at the southern border.

The Washington Post, which obtained internal DHS draft documents outlining the plans, reported Thursday that senior ICE official Russell Hott informed staff in an email this week that the number of unaccompanied minors and families arriving in the U.S. in 2021 is “expected to be the highest” recorded “in over 20 years.”

According to the Post, Hott added that with more than 500 family members arriving per day, the shift from detention to Ellis Island-style processing centers “may not be sufficient to keep pace with apprehensions,” with the potential for some migrants to be housed in hotels.

DHS officials, who spoke to the Post on the condition of anonymity because they were not authorized to speak publicly, said the transition to rapid processing and release centers has already begun.

The reported change comes as the latest move in President Biden’s efforts to reform the U.S. immigration system and keep up with the rising number of migrants crossing into the country amid shortages of bed space and personnel at detention centers.

The reported plans also mark a shift from policies under the Obama and Trump administrations, when most migrant families were quickly released or deported upon arriving in the U.S., with some being held in dormitory-style centers for extended periods of time as they awaited immigration proceedings.

The Biden administration has publicly said it is reviewing how family detention facilities are used, though the Post noted that the administration last week told a federal judge that the policies had not yet changed.

. . . .

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

Read the full article at the link.

The three keys are: 1) screening for COVID, background, and credible fear of persecution; 2) matching asylum applicants with representation, which promotes nearly “perfect attendance,” at hearings; 3) radically and rapidly reforming the Immigration Court system so that the Immigration Judges are “practical experts” on asylum law and eliminating the huge number of “deadwood” cases clogging dockets so Immigration Judges can conduct asylum hearings for recent arrivals on a timely, consistent, predictable basis, with an emphasis on due process and getting the result correct at the initial merits hearing. 

🇺🇸⚖️🗽Due Process Forever!

PWS

03-05-21

Related posts:

  1. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  2. 🇺🇸🗽⚖️GEORGE W. BUSH INSTITUTE REPORT: GENDER VIOLENCE ☠️⚰️DRIVES CONTINUING REFUGEE FLOW TO U.S. — Dishonesty Of Sessions’s Misogynistic Attack In Matter Of A-B- 🤮 Exposed Again! — Yet, Garland Fails To Take Action To End Misogyny, Anti-Asylum Culture @ EOIR, Even As He Also Fails To Insist On The Restoration Of The Rule Of Law @ Our Borders! —  WHY?🤯
  3. ⚖️🗽MORE TRUTH ABOUT THE SOUTHERN BORDER FROM ONE OF AMERICA’S 🇺🇸 LEADING HUMAN RIGHTS EXPERTS: “Real Needs, Not Fictitious Crises Account For The Situation at US-Mexico Border,” By Donald Kerwin Center For Migration Studies
  4. VICE PRESIDENT HARRIS THINKS RULE OF LAW DOESN’T APPLY TO RICH NATION THAT ILLEGALLY TURNS DESPERATE REFUGEES AWAY, SUGGESTS GUATEMALANS SHOULD DIE IN PLACE! — “Deterrence Statement” Won’t Stop Migration, Won’t Appease Nativist-Restrictionists, But Will Cost Her Support From Human Rights Progressives Who Helped Elect Her!  — There Will Be No Workable Solutions At Our Southern Border Without a Functional, Robust Legal Asylum System That Complies With Due Process!

THE GIBSON REPORT — 03-01-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — FEATURING: Under The EOIR Big Top 🎪 Robed TV Carnival Barkers Hand Out Death Sentences ☠️ With Ignorance, Indolence, Indifference, & Insult To Injury!

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

COVID-19 & Closures

Note: Policies are rapidly changing, so please verify information with the government and colleagues.

 

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, March 19, 2021 (The timing of postponement notices has been inconsistent and it is unclear when the next announcement will be. EOIR announced 3/19 on Wed. 2/10, 2/19 on Mon. 1/25, 2/5 on Mon. 1/11, and 1/22 on Mon. 12/28). There is no announced date for reopening NYC non-detained at this time.

 

USCIS Office Closings, Including Weather

 

TOP NEWS

 

Biden revokes Trump ban on many green card applicants

Reuters: U.S. President Joe Biden on Wednesday revoked a proclamation from his predecessor that blocked many green card applicants from entering the United States.

 

Biden to allow migrant families separated under Trump to reunite in the U.S.

Politico: ACLU Executive Director Anthony D. Romero was quick to welcome Mayorkas’ announcement, but cautioned that “the devil is in the details and Secretary Mayorkas has to shed all the caveats and qualifications around his announcement and follow through with everything that’s necessary to right the wrong.” See also Lawyers have found the parents of 105 separated migrant children in past month.

 

Biden to Discuss Border and Other Issues With Mexican President

NYT: The two leaders, who previously talked about ways to stem migration in a call on Jan. 22, just days after Mr. Biden took office, are expected to discuss addressing the root causes of persecution and poverty that force Central American families to flee to the United States.

 

First migrant facility for children opens under Biden

WaPo: Government officials say the camp is needed because facilities for migrant children have had to cut capacity by nearly half because of the coronavirus pandemic. At the same time, the number of unaccompanied children crossing the border has been inching up, with January reporting the highest total — more than 5,700 apprehensions — for that month in recent years.

 

Federal judge deals Biden another blow on 100-day deportation ban

Politico: U.S. District Judge Drew Tipton granted a preliminary injunction that blocks the moratorium the Biden administration announced on its first day.

 

ICE investigators used a private utility database covering millions to pursue immigration violations

WaPo: U.S. Immigration and Customs Enforcement officers have tapped a private database containing hundreds of millions of phone, water, electricity and other utility records while pursuing immigration violations, according to public documents uncovered by Georgetown Law researchers and shared with The Washington Post.

 

The Trump Administration’s Cruelty Haunts Our Virtual Immigration Courts

InTheseTimes: According to the Executive Office for Immigration Review (EOIR) — the Justice Department agency that oversees these immigration adjudication centers — nearly 300,000 asylum cases have been heard via videoconference in the past two years.

 

In The Story Of U.S. Immigration, Black Immigrants Are Often Left Out

NPR: Nana Gyamfi, Executive Director of the Black Alliance for Just Immigration, tells NPR’s Scott Simon about challenges Black immigrants to the U.S. face.

 

Consumer watchdog sues immigration services company, claiming it preys on detainees

NBC: The Consumer Financial Protection Bureau on Monday filed a lawsuit against Libre by Nexus, claiming the company is preying on immigrants through a bond scam that traps participants into paying expensive fees.

 

The five biggest omissions in massive Biden immigration bill

Examiner: Protocols for caring for families and children, border wall infrastructure, decriminalizing illegal immigration, immigration courts, employment-based immigration, and private detention facilities were not addressed in either the House or Senate versions of the bill.

 

LITIGATION/CASELAW/RULES/MEMOS

 

USCIS Launches Pilot Program to Facilitate Attorney or Representative Remote Participation in an Asylum Interview

USCIS has launched a temporary pilot program to facilitate attorney or representative participation in an asylum interview from a remote location via video or telephone. The pilot program is available only at the Arlington, Boston, Miami, Newark, and Newark/Manhattan Branch asylum offices. AILA Doc. No. 21030131

 

2nd Circ. Judge Dings Majority’s ‘Uncharitable’ Asylum Ruling

Law360: A fractured Second Circuit panel tossed an El Salvadoran asylum seeker’s appeal, finding that his opposition to gangs was not a political opinion and that he could avoid future beatings, a view the dissenting judge called an “uncharitable” interpretation of the case.

 

BIA Rules on Special Rule Cancellation of Removal

BIA ruled that an applicant for special rule cancellation of removal under INA §240A(b)(2) based on spousal abuse must demonstrate both that the abuser was their lawful spouse and was either a U.S. citizen or LPR at the time of the abuse. Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021) AILA Doc. No. 21022432

 

Justices ‘Baffled,’ ‘Confused’ By Asylum Cases

Law360: A pair of thorny immigration cases “baffled” and “confused” the inquisitive justices of the U.S. Supreme Court Tuesday as they wrestled with when testimony of asylum applicants must be presumed to be credible.

 

District Court Indefinitely Stops Government from Executing a 100-Day Moratorium on Removals

A district court grants nationwide preliminary injunction to prohibit enforcement and implementation of the 100-day pause on removals as outlined in the 1/20/21 DHS memo. (State of Texas v. USA, et al., 2/23/21) AILA Doc. No. 21012634

 

Presidential Proclamation Revoking Immigrant Visa Ban

On 2/24/21, President Biden issued Proclamation 10149 revoking Proclamation 10014, section 1 of Proclamation 10052, and section 1 of Proclamation 10131, which suspended immigrant visas due to the 2019 novel Coronavirus outbreak. (86 FR 11847, 3/1/21) AILA Doc. No. 21022490

 

DOS Provides Update on the Phased Resumption of Routine Visa Services

DOS updates its announcement and FAQs on the phased resumption of visa services following the rescission of Presidential Proclamation 10014, which suspended the entry of certain immigrant visa applicants into the United States. AILA Doc. No. 20071435

 

DOJ Appeals Ruling Limiting Immigrant Detentions Without a Court Hearing

Documented: Judge Alison Nathan’s Nov. 30 ruling  at U.S. District Court in Manhattan was the first to draw a constitutional line on how long an Immigration and Customs Enforcement detainee waits for an initial hearing before a judge.

 

ICE Can’t Keep Transferred Detainee Out Of Fla. Class Action

Law360: A Florida federal judge ruled Friday that a Mexican citizen can join a class action challenging U.S. Customs and Immigration Enforcement detainee conditions at three South Florida facilities during the COVID-19 pandemic, saying the agency cannot escape jurisdiction by transferring him to a facility across the country.

 

Council Sues Customs and Border Protection to Release Records of Militarized Raids on Humanitarian Aid Station

AIC: The Council and partners filed a Freedom of Information Act (FOIA) lawsuit to compel the government to release documentation of three raids on a humanitarian aid station in the deadly desert in Southern Arizona.

 

HHS Withdrawal of Request for Comment on Proposed Revisions to Forms for Sponsors of Unaccompanied Children

The Department of Health and Human Services published a notice stating that it is no longer pursuing changes to the forms for sponsors of unaccompanied children on which it had requested public comment on 1/5/21 at 86 FR 308, and therefore withdraws its request for comment. (86 FR 11537, 2/25/21) AILA Doc. No. 21022531

 

DHS Secretary Mayorkas Announces Family Reunification Task Force Principles and Executive Director

DHS: Secretary Mayorkas announced that Michelle Brané will serve as the Task Force’s Executive Director.  Most recently, she served as the senior director of the Migrant Rights and Justice program at the Women’s Refugee Commission.

 

RESOURCES

 

·         Correction: The ERO ombudsman email that was circulating last week had a typo and should be: EROOmbudsman@ice.dhs.gov.

·         AILA: Policy Brief: Walled Off: How USCIS Has Closed Its Doors on Customers and Strayed from Its Statutory Customer Service Mission

·         AILA: Current Leadership of Major Immigration Agencies

·         AILA: Practice Alert: ICE Interim Guidance on Civil Immigration Enforcement and Removal Priorities

·         AILA: Practice Pointer: Employment Verification During the COVID-19 Outbreak

·         AILA: Summary of the U.S. Citizenship Act

·         AILA: Section-by-Section Summary of the U.S. Citizenship Act

·         AILA: Podcast: Representing a Mentally Ill Client Facing Removal Proceedings

·         AILA: Resource Related to Lawsuit Granting Preliminary Relief for Diversity Visa Applicants

·         ASISTA: New Advisory: Overview of U.S. Citizenship Act of 2021 & Its Impact on Immigrant Survivors

·         Black Immigrants Got Talent

·         CGRS: Children’s Asylum Manual: A Resource for Practitioners

·         CLINIC: Biden Administration Rescinds 2018 USCIS Notice to Appear Guidance

·         CLINIC: Department of State Shifts Human Rights Reports Comparison Charts

·         CMS: New Study about Immigrant Health in New York City

·         CRS: Are Temporary Protected Status Recipients Eligible to Adjust Status?

·         GAO: Actions Are Needed to Address the Cost and Readiness Implications of Continued DOD Support to U.S. Customs and Border Protection

·         ICYMI: Important Policy & ASISTA Updates

·         ILRC: What Every Noncitizen Must Know About Cannabis and Immigration

·         Immigration Mapping: From Hirabayashi to DACA

·         LGBT Adult Immigrants in the United States

·         LSNYC Practice Advisory on continuances: fourth edition of the sample motion

·         USCIS: Resources on U.S. Citizenship for Adult Adoptees

 

EVENTS

 

·         9/23/21 Representing Children in Immigration Matters 2021: Effective Advocacy and Best Practices

 

ImmProf

 

Monday, March 1, 2021

·         Join the Deported Veterans Symposium on March 10-12, 2021

·         LGBT Adult Immigrants in the United States

·         Jennifer Lee Koh Joins Pepperdine Law Faculty

·         Democrats Strategizing on Immigration Reform, Piecemeal or the Whole Enchilada?

Sunday, February 28, 2021

·         Year of the Ox’s “Viral” Song Gains Traction Amid Rise in Anti-Asian Violence

·         Brookings Institution: Biden’s Immigration Reset

Saturday, February 27, 2021

·         At the Movies: Minari (2020)

·         Immigration Article of the Day: Freedom of Movement, Migration, and Borders by Jaya Ramji-Nogales & Iris Goldner Lang

Friday, February 26, 2021

·         Vera Institute — A Federal Defender Service for Immigrants Why: We Need a Universal, Zealous, and Person-Centered Model

·         Black Immigrants Got Talent (BIG Talent)

·         At the Movies: The Marksman (2021)

·         Fortress (North) America

·         Immigration Mapping: From Hirabayashi to DACA

·         At the Movies: Alien Terminology and Change the Subject, a 2019 Documentary

·         Immigration Article of the Day: Fee Retrenchment in Immigration Habeas by Seth Katsuya Endo

Thursday, February 25, 2021

·         Big Strides In Reunifying Separated Migrant Familes; Long Ways Still To Go

·         Call For Papers: Forced Migration Review on “Public health and WASH”

·         Immigrant Leaves Maplewood Church After 3½ Years As ICE Decides Not To Deport Him

·         Sister Simone Campbell on Immigration Reform

·         #WeCanWelcome Asylum Seekers: Meet Mirna Linares de Batres

·         Throwback Thursday: My Trials by Judge Paul Grussendorf

·         Immigration Article of the Day: Tried and (Inherently) Prejudiced: Disposing of the Prejudice Requirement for Lack of Counsel in Removal Proceedings by Ayissa Maldonado

Wednesday, February 24, 2021

·         President Biden revokes Trump bans on many green card applicants, temporary foreign workers

·         Court Enjoins Biden Administration’s 100 Day Removal Pause

·         Ahilan Arulanantham joins UCLA School of Law as co-faculty director of the Center for Immigration Law and Policy

·         The five biggest omissions in massive Biden immigration bill

·         Immigration Article of the Day: Capital Controls as Migrant Controls by Shayak Sarkar, California Law Review, Forthcoming

Tuesday, February 23, 2021

·         From ‘aliens’ to ‘noncitizens’ – the Biden administration is proposing to change a legal term to recognize the humanity of non-Americans

·         Congressmember Debbie Leski’s Racist Remarks

·         Teaching Immigration Law: Law School Clinics in the US and UK

·         Immigration Article of the Day: Statelessness as Rhetoric: The Case for Revisioning Statelessness in Our Statist World by Francis Tom Temprosa

Monday, February 22, 2021

·         From the Bookshelves: Migrant Conversions:  Transforming Connections between Peru and South Korea by Erica Vogel

·         Supreme Court News: Court to Review Public Charge Case, Hear Asylum Credibility Oral Arguments Tomorrow

·         USCIS restores citizenship and naturalization test

·         Immigration Lawyers Toolbox®

·         Code Compare on Lexis Nexis

·         Human Rights Watch — US: Take New Approach at Mexico Border

·         In Challenging Times, A Call for African American/Asian American Unity

·         Former Trump senior advisor Stephen Miller slams Biden immigration proposal

·         Immigration Article of the Day: The Political (Mis)representation of Immigrants in Voting by Ming Hsu Chen and Hunter Knapp

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

Check out “Top News #7.” It’s an article by Arvind Dilawar in In These Times about “EOIR’s Black Sites,” 🏴‍☠️ euphemistically known as “Immigration Adjudication Centers” where imposters masquerading as “judges” “process” cases by TV on the deportation assembly line, often without regard to the law, the facts, and the humanity of their victims and the lawyers representing them.

Here’s an excerpt:

Lisa Koop, associate director of legal services for the National Immigrant Justice Center (NIJC), stood with her client in immigration court in September 2019. The client (name withheld for privacy) had escaped violence in Central America and fled to the United States with her young daughter. Here, they were taken into custody by immigration authorities, which landed them in this courtroom, waiting to hear whether they would be granted asylum.

They were initially scheduled with a traditional, in-person immigration judge. But that judge retired and the case was transferred to an “immigration adjudication center.” This new judge video conferenced in. Koop says the judge did not allow an opening statement, was not familiar with relevant precedent and did not ask Koop to address any particularities of the case in the closing argument. The judge ruled that, while the case was “very sad,” it did not meet the criteria for asylum, then wished Koop’s client “good luck” following deportation.

This outrageous mockery of due process, fundamental fairness, and real judicial proceedings is ongoing, in the Department of “Justice” — yes, folks, the Chief Prosecutor of the U.S. maintains his own “wholly owned” “court system”  in a nation where justice supposedly is unbiased and impartial — more than five weeks into the Biden Administration.

Last week, we heard a refreshingly emotional expression of personal gratitude and recognition of the essential role of refugee protections from Judge Merrick Garland. 

What we haven’t heard to date is a recognition that what will soon be “his” DOJ treats refugees (in this case vulnerable asylum seekers) with disdain and disrespect “revved up” by four years of White Nationalist abuses heaped on them by Judge Garland’s corrupt predecessors as AGs for Trump. We also have yet to hear what Judge Garland plans to do about the deadly and disreputable “EOIR Clown Show” 🤡🦹🏿‍♂️ which will soon be operating under his auspices and which, whether he realizes it or not, will form the the major part of his legacy to American Justice.

Judge Garland should call up folks like Lisa Koop at NIJC, Claudia Valenzuela at American Immigration Council, and their colleagues to get a “real life dose” of what it means to be or represent an asylum seeker in today’s dysfunctional and disreputable Immigration “Courts” that actually are 21st Century Star Chambers.

Star Chamber Justice
“Justice”
Star Chamber
Style

Better yet, he should replace the current EOIR Senior Executives and BIA Appellate Immigration Judges with Koop, Valenzuela, and others like them — “practical experts” in due process, equal justice, immigration, and human rights — who would restore and advance judicial integrity and fairness to a system that has abandoned and trampled upon those fundamental values!

Grim Reaper
G. Reaper Approaches ICE Gulag With “Imbedded Captive Star Chamber” Run By EOIR, For Their “Partner” Reaper
Image: Hernan Fednan, Creative Commons License

As stated at the end of Dilawar’s article: “Asylum-seekers are wrongfully denied asylum, and justice is not served.” Duh!

🇺🇸🗽⚖️Due Process Forever! End the EOIR Clown Show!🤡🦹🏿‍♂️🎪☠️

PWS

03-02-21

Related posts:

  1. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  2. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  3. 🦘🏴‍☠️☠️⚰️⚖️👎🏻🤮“KANGAROO KOURTS” MUST GO: NY City Bar Blasts Billy The Bigot Barr’s Deadly Immigration Court Farce, Calls For Article I! — “This step is now more crucial than ever, as ‘the many steps that the current administration has taken to politicize the court…have frayed the bare threads of justice that existed before to the point of a complete rupture, leaving not even the appearance of justice or due process of law.’”
  4. 🇺🇸⚖️🗽HON. JEFFREY S. CHASE: UNETHICAL, 🏴‍☠️WHITE NATIONALIST,⚰️ MISOGYNIST 🤮“WAR CRIMINAL” ☠️JEFFREY ROSEN TAKES COWARDLY🐓 PARTING SHOT AT REFUGEE🦸🏻 WOMEN! — DOJ Clean-Out, 🧹🪠🧻Fumigation, & Restaffing With Ethical Attorneys Can’t Begin Soon Enough!

WOMEN’S REFUGEE COMMISSION BIDS FOND FAREWELL TO NDPA 🌟 SUPERSTAR MICHELLE BRANÉ AS SHE TAKES KEY POSITION WITH BIDEN ADMINISTRATION! — “We can’t imagine a better person at the helm of the family separation task force. It’s a smart move by the Biden administration, and a massive win for the nation and for separated families.“

 
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Dear Paul,

I am extremely proud to let you know that Michelle Brané, long-time director of the Women’s Refugee Commission’s Migrant Rights and Justice program, is headed to the Biden administration—effective immediately—to serve as executive director of the newly formed Interagency Task Force on the Reunification of Families. The task force is charged with identifying and reuniting families that were cruelly separated under the Trump administration.

In Michelle’s 14 years at WRC, she built our Migrant Rights and Justice program from the ground up. She and her team have been trailblazers in the work to protect the rights of women and girls seeking asylum in the United States.
READ OUR STATEMENT
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Here’s the link to the full WRC press release:

https://www.womensrefugeecommission.org/press-releases/michelle-brane-tapped-for-biden-administration/

An truly inspired and very encouraging choice by the the Biden Administration! The only “downside” — I had Michelle on my “shortlist” for key judicial or executive positions at the “New EOIR,” as well as for an Article III judicial appointment! But, that still could and should happen when her a work at the Interagency Task Force is done! 

Michelle is a prime example of the “new generation” of due-process-oriented leaders that the NDPA produces! Brilliant, tough-minded, battle-hardened, “practical scholars,” experts, and innovative managers who will see the battle for social justice through to success, no matter how long it takes. Her background, starting at the BIA, also demonstrates how Judge Garland could and must remake EOIR into a “model judiciary” that attracts, trains, and exports the “best and the brightest” for high level judicial and policy positions.

But, it’s not going to happen unless the current awful mess at EOIR is replaced with “Michelle caliber experts” from the NDPA.

Congrats again, Michelle. You make us all proud!

🇺🇸5🗽⚖️Due Process Forever!

PWS

03-01-21

Related posts:

  1. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  2. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  3. 🇺🇸🗽⚖️GEORGE W. BUSH INSTITUTE REPORT: GENDER VIOLENCE ☠️⚰️DRIVES CONTINUING REFUGEE FLOW TO U.S. — Dishonesty Of Sessions’s Misogynistic Attack In Matter Of A-B- 🤮 Exposed Again! — Yet, Garland Fails To Take Action To End Misogyny, Anti-Asylum Culture @ EOIR, Even As He Also Fails To Insist On The Restoration Of The Rule Of Law @ Our Borders! —  WHY?🤯
  4. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 

🇺🇸⚖️🗽🧑🏽‍⚖️VERA INSTITUTE RECOMMENDS FEDERAL DEFENDER PROGRAM FOR IMMIGRANTS — Widespread Public Support For Representation In Immigration Court!

https://www.vera.org/publications/a-federal-defender-service-for-immigrants

Overview

The Vera Institute of Justice (Vera) recommends that the Biden administration draw from time-tested models, data, and knowledge to build a federally funded, universal legal defense service that provides universal, zealous, and person-centered defense to all immigrants. This federal defender service should be modeled on the criminal federal defender system, which is generally regarded as more successful at realizing the values of high-quality, appropriately funded representation than its state counterparts. Vera makes this recommendation based on years of experience building and managing national immigrant legal defense programs. A federal defender service built on these core values is effective and achievable, and it would help ensure that the lives, liberty, and community health of immigrants are given full and equal protection under the law regardless of status. This policy brief highlights that a federal defender service would address systemic inequities of the immigration system and has widespread support in the United States.

Authors

pastedGraphic.png Vera Institute of Justice

Action Areas

Key Takeaway

A federally funded, universal legal defense service that provides universal, zealous, and person-centered defense to all immigrants would help address systemic inequities within the immigration system, and would represent a safeguard that is already proven, effective, achievable, and has widespread public support.

Publication Highlights

  • Vera has already worked with government partners, legal defense providers, advocates, and impacted people to create, test, and refine national immigrant legal defense programs grounded in universality, zealousness, and person-centeredness.
  • A federal defender service would combat the burden of racist immigration policies that most severely impact immigrants with criminal convictions, poor immigrants, Black immigrants, and immigrants with severe mental health conditions.
  • Without a federal defender service, tens of thousands of immigrants, including long-term permanent residents, asylum seekers, and parents of U.S.-citizen children, must face a hostile immigration system without representation.

Key Facts

Previous

Immigrants with attorneys are also

10 times more likely

to establish their right to remain in the United States than those without legal representation.

77%

of the 195,625 people whose immigration court cases completed in Fiscal Year 2019 did not have legal representation.

Immigrants with attorneys are

3.5 times more likely

to be granted bond than those without representation.

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

You can download the full report at the above link.

The Biden Administration should work into this effort the already operating, highly acclaimed, innovative VIISTA program pioneered and developed by Professor Michele Pistone at Villanova Law for training of non-attorney representatives to provide high-quality representation to asylum seekers in Immigration Court. 

https://immigrationcourtside.com/category/professor-michele-pistone/vista-program/

Professor Michele Pistone
Professor Michele Pistone
Villanova Law

Lots of the groundwork for a universal representation program has already been done! It’s about putting the right folks from outside Government in charge and building on the established foundation to take it to another level.

🇺🇸🗽⚖️Due Process Forever!

PWS

02-28-21

Related posts:

  1. ⚖️🗽OUTING THE BIG NATIVIST LIE: EOIR/DHS CLAIM THAT MIGRANTS DON’T SHOW UP FOR HEARINGS REFUTED BY USG’S OWN DATA — Professor Ingrid Eagly & Steven Schafer Analyzed Millions Of Records To Show How False Narratives Drive Draconian Policies — Eagley, Shafer, Reichlin-Melnick, Schmidt Set Record Straight @ Press Conference!
  2. THE GIBSON REPORT— 01-02-22 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Garland’s Aimless Docket Reshuffling (“ADR”) Squeezes Refugees On Both Ends Of His Ludicrous Backlog, As Those Patiently Waiting Given Court Dates Nearly A Decade In The Future, While Recent Arrivals Mindlessly Rocketed To The “Front Of The Line” Struggle To Find Lawyers & Prepare Cases — Plus Other New Year News From The Dystopian World Of U.S. Immigration!
  3. THE TRUTH IS OUT, THANKS TO MICHELLE MENDEZ @ CLINIC: Practice Pointers on Matter of Castillo-Perez & “Takeaways” From FOIA Trove On In Absentias!
  4. NDPA SUPERSTAR 🌟🌟🌟🌟🌟 SCHOLAR-INNOVATOR PROFESSOR MICHELE PISTONE’S CREATIVE, AMAZING VIISTA PROGRAM IS CHANGING THE FACE OF PRO BONO REPRESENTATION FOR ASYLUM SEEKERS ⚖️— At A Time Of Grotesque Stupidity 🤮 & Management Catastrophe ☠️ Inflicted By The EOIR Kakistocracy, Michele & Her Talented, Problem-Solving Colleagues In The NDPA Are EXACTLY What America Needs To Replace The “Clown Show” With Real Practical Scholars Who Will Lead the New Due Process Revolution!  ⚖️👨🏻‍⚖️🧑🏽‍⚖️🗽🇺🇸

🗽IMMIGRATIONPROF BLOG: FIVE THINGS OMITTED FROM BIDEN’S IMMIGRATION BILL: A Long-Overdue Independent Immigration Court Is One!

 

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

https://lawprofessors.typepad.com/immigration/2021/02/the-five-biggest-omissions-in-massive-biden-immigration-bill.html

Dean Kevin Johnson writes:

The provisions of the U.S. Citizenship Act is getting lots of attention, from the change in alien terminology to a path to legalization for undocumented immigrants and more.  Anna Giaritelli for the Washington Examiner, a self-declared conservative publication, notes five things that the Biden administration’s comprehensive immigration reform bill does not address.  Some of the omissions might bother readers; some might not:

1.    Family and children detention protocols:  The bill does not incorporate the Flores settlement governing the detention of immigrant minors.  The Trump administration tried but failed to abrogate the settlement.

2.    Border wall infrastructure:  No surprise.  The U.S./Mexico border wall, which President Trump championed, is not part of the bill’s enforcement plans.  The Biden administration already had made it clear that construction of the wall was not a priority of his administration.

3.    Decriminalization of illegal entry into the United States:  This was an issue in the 2020 Democratic presidential primaries.  Representative Julian Castro called for the repeal 8 U.S.C. § 1325, which criminalizes unlawful entry into the country.

4.    Immigration courts: The immigration bill calls for an additional 220 immigration judges but fails to make major improvements in the immigration court system, such as increasing their independence, neutrality, and professionalism of the corps of immigration judges. The American Bar Association has declared that the immigration court system is “on the brink of collapse.”

5. No end to private-run detention facilities:  Immigrant rights advocates have called for the end of private (for profit) immigrant detention.  President Biden has ended private prisons for inmates.

KJ

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

As I have previously mentioned, I expect a “stand alone” Article I Bill 🧑🏽‍⚖️ to be introduced in the House shortly.  It could be combined with the Immigration Court improvements in the Biden Bill.  

We need to keep the pressure on until Article I happens!

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever!

PWS

02-24-21

Related posts:

  1. ⚖️🧑🏽‍⚖️👨🏻‍⚖️🗽COURT REFORM: GW IMMIGRATION CLINIC STUDENTS WEIGH IN ON ARTICLE I — Emphasize Critical Due Process Need To Entirely Remove AG From Decision-Making Process!
  2. DEMS INTRODUCE BIDEN’S COMPREHENSIVE IMMIGRATION BILL — “U.S. CITIZENSHIP ACT OF 2021” — Lots Of Good Ideas, But Likely DOA In Narrowly Divided Congress! — Judge Garland Must Begin Immigration Court Reforms NOW!
  3. ⚖️🇺🇸👍🏼🗽DEAN KEVIN JOHNSON’S SUCCINCT RESPONSE TO GREG ABBOTT’S PREDICTABLE SOUTHERN BORDER BS IS WORTH A READ! — PLUS: ARELIS HERNANDEZ OF WASHPOST WITH SOME MUCH-NEEDED TRUTH & PERSPECTIVE FROM THOSE ACTUALLY LIVING ON THE SOUTHERN BORDER: “We need more lawyers and judges, not more troops or technology.”
  4. ⚖️🧑🏽‍⚖️THE FEDERAL COURTS ARE BROKEN — PRESIDENT BIDEN WANTS TO FIX THEM! — He Should Start With The Immigration Courts! — “There Is Nothing To Be Gained From Half Measures!”

⚖️🗽A FAIR ASYLUM SYSTEM THAT TREATS HUMANS WITH “EMPATHY, DIGNITY, & RESPECT” – It’s What Our Constitution, Laws, & Values Require – Every Day, As A Nation, We Violate These Basic Principles – When Will It Change? – A New Human Right First (“HRF”) “Video Short,” Narrated By Clara Long, Shows The Unnecessary Human Misery We Cause That Can Never Be Undone!

Clara Long
Clara Long
Associate Director
US Program
Human Rights First
PHOTO: HRF website

 

Here’s the video:

 

https://youtu.be/USIKjkzTS7U

 

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

It’s not “rocket science.” Actually, just carrying out our current legal and moral obligations. It’s well within our capabilities, particularly with the right people in charge. Why wasn’t a plan to get this done “front and center” in Judge Garland’s testimony today?

 

🇺🇸⚖️🗽Due Process Forever! Human misery doesn‘t stop for “study.” Not all damage and harm is reversible! What if it were YOU and YOUR family?

 

PWS

 

02-22-21

Related posts:

  1. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  2. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  3. 🇺🇸🗽⚖️GEORGE W. BUSH INSTITUTE REPORT: GENDER VIOLENCE ☠️⚰️DRIVES CONTINUING REFUGEE FLOW TO U.S. — Dishonesty Of Sessions’s Misogynistic Attack In Matter Of A-B- 🤮 Exposed Again! — Yet, Garland Fails To Take Action To End Misogyny, Anti-Asylum Culture @ EOIR, Even As He Also Fails To Insist On The Restoration Of The Rule Of Law @ Our Borders! —  WHY?🤯
  4. CRIME BLOTTER: CHILD ABUSE🤮☠️⚰️🦹🏿‍♀️: DOJ IG REPORT CONFIRMS WHAT COURTSIDE & OTHERS KNEW FROM THE START: Trump, Sessions, Miller, Rosenstein, Hamilton Are Cowards🐓, Lying 🤥 Criminals, Child Abusers🦹🏿‍♀️, Who Belong Behind Bars For Intentionally Abusing Asylum Seeking Families & Kids & Then Having Their Sleazy DOJ Lawyers Lie To Federal Judges! — What Happened To “Due Diligence” As An Ethical Requirement For Government Lawyers?

⚖️🗽🇺🇸👨🏻‍⚖️JUDGE GARLAND’S STATEMENT: Lots Of Nice Words, Lofty Ideals, Few Specifics On How He Will Shape The Actual Work Of Broken & Dysfunctional DOJ — No Mention Of How He Will Address The Ungodly Immigration Mess @ EOIR!

Judge Merrick Garland
Judge Merrick B. Garland
Official White House Photo
Public Realm

. . . .

The President nominates the Attorney General to be the lawyer — not for any individual, but for the people of the United States. July 2020 marked the 150th anniversary of the founding of the Department of Justice, making this a fitting time to remember the mission of the Attorney General and the Department.

It is a fitting time to reaffirm that the role of the Attorney General is to serve the Rule of Law and to ensure equal justice under the law. And it is a fitting time to recognize the more than 115,000 career employees of the Department and its law enforcement agencies, and their commitment to serve the cause of justice and protect the safety of our communities.

If I am confirmed, serving as Attorney General will be the culmination of a career I have dedicated to ensuring that the laws of our country are fairly and faithfully enforced, and that the rights of all Americans are protected.

. . . .

That mission remains urgent because we do not yet have equal justice. Communities of color and other minorities still face discrimination in housing, education, employment, and the criminal justice system; and bear the brunt of the harm caused by pandemic, pollution, and

climate change.

150 years after the Department’s founding, battling extremist attacks on our democratic institutions also remains central to its mission.

Here’s the full statement:

https://www.scribd.com/document/495370966/Read-Merrick-Garland-Testimony

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

At the opening of the hearing, he told Senate Judiciary Chairman Dick Durbin (D-IL):

Garland also distanced himself from the Trump administration’s child separation immigration policy, calling it ‘shameful’ and committing to aiding a Senate investigation into the matter.

‘I think that the policy was shameful. I can’t imagine anything worse than tearing parents from their children, and we will provide all of the cooperation that we possibility can,’ Garland told Senate Judiciary Chairman Dick Durbin.

https://www.cnn.com/2021/02/22/politics/merrick-garland-confirmation-hearing-day-1/index.html

Star Chamber Justice
“Justice”
Star Chamber
Style

Yet, the harsh reality is that the DOJ is still actively engaged in furthering the operation of “Baby Jails” and “Family Gulags.” Indeed, disgracefully, the DOJ’s EOIR actually operates “judicial star chambers” euphemistically called “Detained Immigration Courts” in DHS Gulags throughout America. 

There, bonds are unconstitutionally denied, the right to legal representation is aggressively hindered and discouraged, some individuals have their asylum claims wrongfully denied, while others are pressured under duress into giving up their legal rights.  

As all of this is ongoing, EOIR’s so-called “judges” assert that they “lack power” to examine the life-threatening, dangerous, unconstitutionally substandard conditions and abusive custody present throughout the “New American Gulag” operated by DHS that they serve. (How do “judges” work for the AG under the Due Process Clause of our Constitution?)

What kind of “courts” are these? What does Judge Garland intend to do to stop official child abusers and illegal and unethical “civil detention?”   

Judge Garland’s tone is an obvious improvement over the past two turkeys 🦃  to hold the job! But, words are words; actions are what counts! Unfortunately, I couldn’t discern any “plan of action” here!

Without being unduly picky:

    • You should have said “This President nominates;” obviously, the last one did view the AG as his personal lawyer and the DOJ as just another of the many law firms on his retainer — one working pro bono at the people’s expense against the people’s interests — how perverted is that; 
    • In a way it’s nice and expected to acknowledge the many hard-working civil servants in the DOJ; but, the reality is that far too many of them were part of the problem — failing to stand up for “the people’s” (actually, as you know, immigrants regardless of status are “persons” under our Constitution — real, live, breathing, feeling “people” if you will) individual rights and ignoring their oaths of office to carry out the White Nationalist, anti-democracy agenda of the past regime; like it or not, Judge, if you are going to turn your elevated thoughts into policy and practice, you are going to have to deal with the folks who “went along to get along” over the past four years; like it or not, you’re going to need a broom 🧹 and a plunger 🪠 to get this dirty job done;
    • Of course equal justice for all should be the goal (it’s not a new idea, except in GOP Administrations — if you remember it was actually Janet Reno’s motto) and obviously we’re not close to being there; “communities of color” faced more than “discrimination” — over the past four years, it was an active and concerted policy of “Dred Scottification” — willful dehumanization of the other and trashing their Constitutional rights: to vote, to due process, to “life, liberty, and the pursuit of happiness” on many occasions — mostly with the participation, encouragement, and often unethical  actions of the DOJ, sometimes endorsed and enabled by Federal Courts, all the way up to the Supremes; it’s going to take some real bold, and undoubtedly unpleasant, actions at the DOJ to make the rhetoric a reality, not to mention standing up to some of the lousy Federal Judicial appointments from the last four years;  
    • How are you going to do any of this without acknowledging that immigration is where it starts; as you deliver your remarks today, some EOIR “judges,” soon to be “your judges,” will be actively applying racist, misogynist, anti-due process, “worst practices” “precedents” to dehumanize, disparage, and wrongfully deny and remove the very “people in the United States,” among our most vulnerable and often deserving, whose rights you claim to be dedicated to protecting and enhancing; how are you going to do that without a definitive plan for immediately reforming EOIR, OIL, the SG’s Office, OLC, OLP, the Civil Division, the Civil Rights Division, the Criminal Division and a host of other “components” who participated, and continue to participate, in these legal travesties and mockeries of due process, humanity, and the rule of law on a daily basis;  
    • I understand your commitment to addressing domestic terrorism; but, you can’t do that without addressing its most obvious manifestation in the DOJ: EOIR; you can draw a straight line from the White Nationalist, racist agenda of Stephen Miller to the lies, misogyny, racism, and disrespect for immigrants, particularly those of color, “institutionalized and weaponized” @ EOIR, to the empowered political thugs who thought they were entitled to forcibly attack democracy and its representatives (many among the GOP who were actively complicit) at our Capitol!
    • How do you intend to deal constructively, professionally, and constitutionally with the stunning, yet largely self-created, 1.3 million plus case Immigration Court backlog that threatens to topple our entire justice system; what’s your plan for ending “Aimless Docket Reshuffling” @ EOIR, returning control to local judges while keeping politicos and bureaucrats @ EOIR & DOJ from further destructive meddling;
    • How are you gonna credibly fight “domestic terrorism” with these folks as “your judges?”
Four Horsemen
BIA Asylum Panel In Action
Albrecht Dürer, Public domain, via Wikimedia Commons

I, of course, appreciate your lofty thoughts and wish you all the best. You remind us all of something sadly lost over the past four years and something still glaringly missing from the GOP and its supporters: Values matter! But, values require implementation — action! 

I won’t be convinced that you will actually be able to accomplish your goals and carry out your values until I witness your bold action to “deconstruct” the EOIR that Stephen Miller, Gene Hamilton, “Gonzo” Sessions, and “Billy the Bigot” Barr built and replace it with a real court system with real progressive, due-process/equal justice-committed expert judges and professional judicial administrators as an essential step to the creation of a long-overdue and urgently needed Article I U.S. Immigration Court.

I look forward to seeing your EOIR Reform Plan in action, very soon! Good luck!

🇺🇸🗽⚖️🧑🏽‍⚖️Due Process Forever!

PWS

02-22-21

 

Related posts:

  1. FROM THE HEIGHTS OF KASINGA TO THE DEPTHS OF AMERICA’S DEADLY STAR CHAMBERS: Will The Biden Administration Tap The New Due Process Army To Fix EOIR & Save Our Nation? 
  2. 🇺🇸⚖️🗽HON. JEFFREY S. CHASE: UNETHICAL, 🏴‍☠️WHITE NATIONALIST,⚰️ MISOGYNIST 🤮“WAR CRIMINAL” ☠️JEFFREY ROSEN TAKES COWARDLY🐓 PARTING SHOT AT REFUGEE🦸🏻 WOMEN! — DOJ Clean-Out, 🧹🪠🧻Fumigation, & Restaffing With Ethical Attorneys Can’t Begin Soon Enough!
  3. ⚖️🗽🇺🇸JUDGE GARLAND ACKNOWLEDGES REFUGEE HERITAGE — Does He Recognize That As He Testifies, Many Of His “Soon-To-Be Judges” @ EOIR Are Intentionally Screwing Vulnerable Asylum Seekers, Harassing Their Pro Bono Attorneys, Carrying Out Miller’s White Nationalist Agenda, & Otherwise Mocking Due Process, Fundamental Fairness, & Equal Justice For Persons Of Color?
  4. CRIME BLOTTER: CHILD ABUSE🤮☠️⚰️🦹🏿‍♀️: DOJ IG REPORT CONFIRMS WHAT COURTSIDE & OTHERS KNEW FROM THE START: Trump, Sessions, Miller, Rosenstein, Hamilton Are Cowards🐓, Lying 🤥 Criminals, Child Abusers🦹🏿‍♀️, Who Belong Behind Bars For Intentionally Abusing Asylum Seeking Families & Kids & Then Having Their Sleazy DOJ Lawyers Lie To Federal Judges! — What Happened To “Due Diligence” As An Ethical Requirement For Government Lawyers?

ICE ISSUES NEW ENFORCEMENT GUIDANCE INCORPORATING PRIORITIES!

Here’s the memo:

https://www.ice.gov/doclib/news/releases/2021/021821_civil-immigration-enforcement_interim-guidance.pdf

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

As always with ICE, the question is compliance in the field. After four years of essentially random enforcement designed to terrorize communities of color in support of a White Nationalist political agenda, I would expect lots of “line resistance” to establishing a disciplined, focused enforcement program targeting real priorities, not “low hanging fruit.”

Remember that one of the ways ICE Enforcement got their jollies and built up stats during the past regime was to “sack up” long-time residents under final orders who posed no real threat to anyone, but voluntarily reported to periodic check-ins with ICE. It a far cry from picking on those seeking mercy to actually rounding up “bad guys.” Likely to cause the stats to crater for awhile. Which, of course, will set off a storm of bogus protest from the nativist right!

The union of ICE Enforcement agents purported to negotiate a bogus “agreement” with an illegally appointed Trump lackey that would have prevented the Biden Administration from changing enforcement policies. Not surprisingly, Biden officials recently trashed this outrageous piece of White Nationalist nonsense.
https://www.cbsnews.com/news/ice-officers-union-agreement-trump-homeland-security/

But, it does illustrate the formidable problems facing Secretary Mayorkas in getting control of this sprawling, rudderless, missionless “rogue agency.”

By contrast, the union representing USCIS Asylum Officers courageously stood up for the legal and constitutional rights of vulnerable refugees. They were, of course, “punished” by illegally being replaced with absurdly unqualified Border Patrol Agents. Perhaps Asylum Officers should be the future leaders at DHS. It’s certainly a mess right now!

It’s also worth noting that agents of Homeland Security Investigations  (“HSI”) earlier tried in vain to separate themselves from ICE’s gonzo, racist “civil enforcement” realizing that the latter was a huge negative to legitimate law enforcement. So, some folks at DHS have some wisdom, sound judgement, and commitment to sane, humane law enforcement. Just not enough!

Due Process Forever!

PWS

02-18-21

 

 

Related posts:

  1. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  2. ⚖️🗽MORE TRUTH ABOUT THE SOUTHERN BORDER FROM ONE OF AMERICA’S 🇺🇸 LEADING HUMAN RIGHTS EXPERTS: “Real Needs, Not Fictitious Crises Account For The Situation at US-Mexico Border,” By Donald Kerwin Center For Migration Studies
  3. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  4. 🧑🏽‍⚖️⚖️🗽🇺🇸WHO’S JUDGE IS IT ANYWAY? — The Crisis Of Independence In Our Immigration Courts! — Coming April 7, 2021! — Sponsored By The HNBA! — Don’t Miss It!

DEMS INTRODUCE BIDEN’S COMPREHENSIVE IMMIGRATION BILL — “U.S. CITIZENSHIP ACT OF 2021” — Lots Of Good Ideas, But Likely DOA In Narrowly Divided Congress! — Judge Garland Must Begin Immigration Court Reforms NOW!

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN, PHOTO: CNN.com
Lauren Fox
Lauren Fox
White House Correspondent, CNN News
PHOTO: CNN.com

https://apple.news/AATkWfagCTF2iNQGfw6dDOA

White House announces sweeping immigration bill

Priscilla Alvarez and Lauren Fox, CNN

5:00 AM EST February 18, 2021

The White House announced a sweeping immigration bill Thursday that would create an eight-year path to citizenship for millions of immigrants already in the country and provide a faster track for undocumented immigrants brought to the US as children.

The legislation faces an uphill climb in a narrowly divided Congress, where House Speaker Nancy Pelosi has just a five-vote margin and Senate Democrats do not have the 60 Democratic votes needed to pass the measure with just their party’s support.

Administration officials argued Wednesday evening that the legislation was an attempt by President Joe Biden to restart a conversation on overhauling the US immigration system and said he remained open to negotiating.

“He was in the Senate for 36 years, and he is the first to tell you the legislative process can look different on the other end than where it starts,” one administration official said in a call with reporters, adding that Biden would be “willing to work with Congress.”

The effort comes as there are multiple standalone bills in Congress aimed at revising smaller pieces of the country’s immigration system. Sens. Lindsey Graham, a Republican from South Carolina, and Majority Whip Dick Durbin, a Democrat from Illinois, for example, have reintroduced their DREAM Act, which would provide a path to citizenship for immigrants who came to the country illegally as children.

Administration officials said the best path forward and plans either to pass one bill or break it into multiple pieces would be up to Congress.

“There’s things that I would deal by itself, but not at the expense of saying, ‘I’m never going to do the other.’ There is a reasonable path to citizenship,” Biden said at a CNN town hall in Milwaukee on Tuesday.

“The President is committed to working with Congress to engage in conversations about the best way forward,” one administration official said.

Officials did not say if they believed that the reconciliation process, a special budget tool that applies only to a specific subset of legislation and allows the Senate to pass bills with a simple majority, would be applicable for an immigration bill. “Too early to speculate about it right now,” one official said.

The Senate is working on passing the President’s coronavirus relief legislation through reconciliation. The expectation is that the administration could also use the process to pass an infrastructure bill.

Biden’s immigration bill will be introduced by Democrats Bob Menendez of New Jersey in the Senate and Linda Sanchez of California in the House.

Here’s what the bill, titled the US Citizenship Act of 2021, includes:

. . . .

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

Read the rest of Priscilla’s & Lauren’s analysis at the link.

The White House “Fact Sheet” on the legislation is also available at the link at the end of the above excerpt.

Here’s what that summary says about the U.S. Immigration Courts:

  • Improve the immigration courts and protect vulnerable individuals. The bill expands family case management programs, reduces immigration court backlogs, expands training for immigration judges, and improves technology for immigration courts. The bill also restores fairness and balance to our immigration system by providing judges and adjudicators with discretion to review cases and grant relief to deserving individuals. Funding is authorized for legal orientation programs and counsel for children, vulnerable individuals, and others when necessary to ensure the fair and efficient resolution of their claims. The bill also provides funding for school districts educating unaccompanied children, while clarifying sponsor responsibilities for such children.

  • Support asylum seekers and other vulnerable populations. The bill eliminates the one-year deadline for filing asylum claims and provides funding to reduce asylum application backlogs. It also increases protections for U visa, T visa, and VAWA applicants, including by raising the cap on U visas from 10,000 to 30,000. The bill also expands protections for foreign nationals assisting U.S. troops.

Unfortunately, the bill does not contain the most important legislative solution: An Article I  Immigration Court. Nevertheless, a separate Article I bill will be introduced in the House soon. Since the “USCA of 2021” is largely a “talking draft” anyway, there is no reason why Article I couldn’t be combined with the other changes in the bill.

While attention to improving the Immigration Courts is welcome and long overdue, I think this proposal actually misses the major point: What’s needed right now isn’t necessarily more Immigration Judges; it’s better Immigration Judges, starting, but not ending, with a replacement of the current dysfunctional Board of Immigration Appeals. Only with the improvements in the administrative case law, docket management, and “best practices” that better EOIR judges would bring could we really tell whether more judges are actually necessary.

Right now, throwing more bodies into the ungodly mess at EOIR would only create confusion and aggravate existing problems. And, while the proposal correctly spotlights woeful inadequacies in IJ training and professional development, those alone will not be enough to restore due process to a system wracked by decades of bad judicial selection practices that basically have excluded the “best and brightest” immigration experts from the private sector, those with actual experience representing individuals in Immigration Court, from the “21st Century Immigration Judiciary.”

The good news: Judge Garland won’t need legislation to get this system back on track by:

  • Immediately replacing the current BIA with judges who are renowned experts in immigration, human rights, and due process, with special attention to those with actual experience representing asylum seekers;
  • Vacating all of the improper Sessions and Barr precedents, and letting the “new BIA” straighten out the law and implement best practices, including holding IJs who are members of the “Asylum Deniers Club” accountable;
  • Implementing efficient merit-based judicial hiring practices which would involve public input and actively recruit from communities now underrepresented in the Immigration Judiciary;
  • Eventually re-competing all Immigration Judge jobs under these merit criteria, again with public input on the performance of current judges part of the process;
  • Replacing all of EOIR’s incompetent upper “management” with competent professional judicial administrators;
  • Examining the justification and “bang for the buck” in EOIR’s bloated, yet highly ineffective, headquarters operation in Falls Church with an eye toward maximizing support for the local Immigration Courts and minimizing counterproductive and politicized micromanagement and interference with the operation of local courts;
  • Making peace and working with the National Association of Immigration Judges (“NAIJ”), which is much more “on top of” the real problems in the Immigration Courts than often clueless EOIR “management” in Falls Church;
  • Instituting e-filing and other long overdue 21st Century judicial administration practices in the Immigration Courts;
  • Working cooperatively with the private bar, NGOs, ICE, and local IJs to maximize representation and improve docketing and scheduling practices.

Judge Garland has the authority to make all the foregoing changes, which will immediately improve the delivery of justice at the critical “retail level” of our justice system and make the achievement of racial justice and equal justice for all more than just “pipe dreams.” Immigrant justice is essential for racial justice!

The only question is whether Judge Garland will actually do what’s necessary. If not, he can expect some “aggressive pushback” from those of us who are fed up with the “EOIR Clown Show” 🤡🦹🏿‍♂️☠️ and its daily mockery of American justice!

🇺🇸🗽⚖️👨🏻‍⚖️🧑🏽‍⚖️👩‍⚖️Due Process Forever!

PWS

02-18-21

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

UPDATE: Here’s the text of the bill:

2021.02.18 US Citizenship Act Bill Text – SIGNED

PWS

02-18-21

 

 

Related posts:

  1. EOIR TARGETS UNACCOMPANIED KIDS FOR DEPORATION RAILROAD!
  2. FROM THE HEIGHTS OF KASINGA TO THE DEPTHS OF AMERICA’S DEADLY STAR CHAMBERS: Will The Biden Administration Tap The New Due Process Army To Fix EOIR & Save Our Nation? 
  3. ⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”
  4. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 

BIDEN ADMINISTRATION PLANS LEGISLATIVE LAUNCH SHORTLY — Goal Is “Progress” 

https://www.nbcnews.com/politics/immigration/biden-hill-democrats-plan-unveil-immigration-reform-bill-week-n1257960

NBC News reports:

Feb. 15, 2021, 7:40 PM EST

By Geoff Bennett, Julia Ainsley and Jacob Soboroff

The Biden administration and Hill Democrats are expected later this week to release an immigration reform bill, multiple sources familiar with the planning tell NBC News.

The legislative text of the “U.S. Citizenship Act of 2021” will reflect the immigration priorities that President Joe Biden unveiled on his first day in office. His proposal includes an earned pathway to citizenship for 11 million undocumented immigrants, expands the refugee resettlement program and deploys more technology to the Southern border. There are additional protections that are being considered in the legislation, such as asylum processing in home countries for minors, expanded benefits for DREAMers and ending the public charge rule.

While previous attempts at massive immigration reform have failed under both Republican and Democratic administrations, the Biden White House has signaled support for breaking the legislation into pieces.

As a potential secondary path, lawmakers would work to pass bills legalizing farmworkers and Dreamers right away, and then move toward a more expansive overhaul. The main objective, officials and advocates say, is progress.

. . . .

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

Sounds like modest expectations. But, any meaningful immigration legislation would be a major achievement that has eluded the last two Administrations.

Unfortunately, based on the the GOP’s impeachment performance, it’s hard to see 60 votes for any substantive legislation in the Senate. 

PWS

02-17-21

Related posts:

  1. DEMS INTRODUCE BIDEN’S COMPREHENSIVE IMMIGRATION BILL — “U.S. CITIZENSHIP ACT OF 2021” — Lots Of Good Ideas, But Likely DOA In Narrowly Divided Congress! — Judge Garland Must Begin Immigration Court Reforms NOW!
  2. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!
  3. 🇺🇸🗽⚖️FLASH: BIDEN ANNOUNCES LEGALIZATION PLAN: Important Step In Rapidly Eliminating Unnecessary Immigration Court Backlog, Ending “New American Gulag,” Restoring & Enhancing Due Process, Transitioning To Independent Immigration Court — Quick End To Toxic, Dysfunctional “EOIR Clown Show”🤡🦹🏿‍♂️ In Sight? 
  4. 🇺🇸🗽👍🏼😎MAKING AMERICA BETTER, FINALLY: “Mr. Biden has laid out an immigration program that would genuinely put America first.” (WashPost) — No Wonder GOP Anti-American White Nationalists Like Tom Cotton Are Apoplectic & Spouting Their Racist, White Elitist Nonsense!

👍🏼🗽⚖️🙂🇺🇸BREAKING: IN A STUNNING REVERSAL, BIDEN ADMINISTRATION WILL BEGIN DISMANTLING “REMAIN IN MEXICO” PROGRAM BY SCREENING & ADMITTING THOSE WHO HAVE BEEN AWAITING ASYLUM HEARINGS! — Processing To Begin On Feb. 19!

Elliott Spagat
Elliot Spagat
Reporter
Associated Press

https://madison.com/news/national/tens-of-thousands-of-asylum-seekers-waiting-in-mexico-to-be-allowed-in-us/article_088fd344-7315-55f4-9ade-ceb555035a79.html?utm_source=BadgerBeat&utm_medium=referral&utm_campaign=Breaking%20News

By ELLIOT SPAGAT Associated Press

SAN DIEGO (AP) — The Biden administration on Friday announced plans for tens of thousands of asylum-seekers waiting in Mexico for their next immigration court hearings to be allowed into the United States while their cases proceed.

The first of an estimated 25,000 asylum-seekers in Mexico with active cases will be allowed in the United States on Feb. 19, authorities said. They plan to start slowly with two border crossings each processing up to 300 people a day and a third crossing taking fewer. Administration officials declined to name them out of fear they may encourage a rush of people to those locations.

See photos from Mexico as the US immigration debate continues in a gallery at the end of this story

The move is a major step toward dismantling one of former President Donald Trump’s most consequential policies to deter asylum-seekers from coming to the U.S. About 70,000 asylum-seekers were enrolled in “Remain in Mexico,” officially called “Migrant Protection Protocols,” since it was introduced in January 2019.

On Biden’s first day in office, the Homeland Security Department suspended the policy for new arrivals. Since then, some asylum-seekers picked up at the border have been released in the U.S. with notices to appear in court.

. . . .

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

Read the complete article and view the photo gallery of the “human side” of “Remain in Mexico” (a/k/a “Let ‘Em Die In Mexico”) at the link.

Earlier this week, Press Secretary Jen Psaki appeared to say it would take weeks if not months for the Administration to develop a plan to dismantle “Remain in Mexico.”

https://immigrationcourtside.com/2021/02/11/%f0%9f%98%a2different-tone-but-the-same-old-song-bottom-line-biden-administration-will-continue-stephen-millers-bogus-border-closing-policy-refugees-told-that-u-s/

These are all individuals who have been previously screened and found to have a “credible fear” of persecution by a USCIS Asylum Officer. Many have been waiting for hearings for more than one year and have had their hearings postponed by EOIR time after time.

Additionally, many of  the Immigration Judges assigned to the “Remain in Mexico” Program have notoriously high asylum denial rates, some approaching 100% denials.

I sure hope that the Pro Bono Bar is working with USCIS and EOIR to insure that all of these individuals are represented. As we know, that’s the key not only to insuring court appearances, but also to increasing the chances for success on the asylum application.

https://immigrationcourtside.com/2021/01/29/⚖%EF%B8%8F🗽outing-the-big-nativist-lie-eoir-dhs-claim-that-migrants-dont-show-up-for-hearings-refuted-by-usgs-own-data-professor-ingrid-eagly-steven-s/

Vigorous representation of asylum seekers will also be the key to dismantling the aggressive anti-asylum, anti-due-process “jurisprudence” that the defeated regime attempted to implement at a “weaponized” EOIR. Where necessary, these cases must be litigated to the Courts of Appeals and used as examples of the pressing need for reform of the broken, unfair, and dysfunctional U.S. Immigration Courts.

For now, it remains unclear what will happen to newly arriving asylum applicants. Will they receive the “credible fear” screening to which they are legally entitled? (It appears that some families applying for asylum have been screened and released to await hearings in the U.S.) Or, will they be arbitrarily returned to harm’s way with no process at all, pursuant to Stephen Miller’s bogus “CDC border closing order” that has yet to be repealed? 

https://www.washingtonpost.com/nation/2021/02/11/asylum-seekers-stuck-mexico-are-frustrated-angry-over-family-releases/

Progress! But still lots of confusion at the border as a result of the defeated regime’s extralegal shenanigans!

Still, dismantling the mess Miller left behind shouldn’t be rocket science. Just common sense and using the existing legal tools to solve human problems, rather than intentionally aggravating them. But, it will take different folks (experts) in charge to make it happen!

🇺🇸⚖️🗽Due Process Forever!

PWS

02-12-21

Related posts:

  1. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  2. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  3. 😢DIFFERENT TONE, BUT THE SAME OLD SONG — BOTTOM LINE:  BIDEN ADMINISTRATION WILL CONTINUE STEPHEN MILLER’S BOGUS BORDER CLOSING POLICY — Refugees Told That U.S. Will Continue To Violate Asylum Laws, Due Process “Until Further Notice” ☠️
  4. 🇺🇸🗽⚖️GEORGE W. BUSH INSTITUTE REPORT: GENDER VIOLENCE ☠️⚰️DRIVES CONTINUING REFUGEE FLOW TO U.S. — Dishonesty Of Sessions’s Misogynistic Attack In Matter Of A-B- 🤮 Exposed Again! — Yet, Garland Fails To Take Action To End Misogyny, Anti-Asylum Culture @ EOIR, Even As He Also Fails To Insist On The Restoration Of The Rule Of Law @ Our Borders! —  WHY?🤯

😢DIFFERENT TONE, BUT THE SAME OLD SONG — BOTTOM LINE:  BIDEN ADMINISTRATION WILL CONTINUE STEPHEN MILLER’S BOGUS BORDER CLOSING POLICY — Refugees Told That U.S. Will Continue To Violate Asylum Laws, Due Process “Until Further Notice” ☠️

 

Death On The Rio Grande
Supremes Sign Death Warrants For Vulnerable Refugees, Trash Refugee Act of 1980
Trump Dumping Asylum Seekers in Hondiras
Dumping Asylum Seekers in Honduras
Artist: Monte Wolverton
Reproduced under license
Remain in Mexico
A girl peers out from an encampment at the U.S.-Mexico border where she and several hundred people waited to present themselves to U.S. immigration to seek asylum. / Photo by David Maung

https://www.buzzfeednews.com/article/adolfoflores/biden-turning-away-immigrants-border-policy

by Adolfo Flores and Hamed Aleaziz in BuzzFeed News:

After days of confusion about changes along the southern border, the Biden administration on Wednesday said immigrants should not try to enter the US because most will still be turned away under a Trump-era policy that has recently come under legal scrutiny.

. . . .

Confusion about who was being allowed into the US in recent days forced the administration to issue a stronger warning. Last week, reports of some families being allowed into the US after being apprehended at the border resulted in speculation that immigrants would no longer be immediately expelled and instead be allowed to fight their immigration cases from within the United States. In the Rio Grande Valley in South Texas, immigration advocates have reported seeing about 100 people a day released by Customs and Border Protection. In other parts of Texas, shelters have also seen increasing numbers of immigrant families, but it is not clear why.

Attorneys and advocates who work with immigrants along the border have been bombarded with phone calls and texts about whether they should try their luck at getting into the US. Erika Pinheiro, policy and litigation director with the immigrant advocacy group Al Otro Lado, said it was “incredibly disappointing” that the Biden administration has continued to expel immigrants under the CDC order.

“We know now that the CDC order prohibiting asylum processing at the border did not arise from public health concerns but rather was part of Stephen Miller’s efforts to dismantle the US asylum system and was implemented despite opposition from CDC leadership,” Pinheiro said, referring to one of Trump’s former senior advisers. “US expulsions of asylum-seekers, including infants, constitute plain violations of domestic and international laws meant to protect vulnerable refugees. CBP absolutely has the resources to process asylum-seekers in a safe and humane way.”

The turnbacks, known as expulsions, are legally different from deportations, which would mean an immigrant had actually undergone the immigration process and found to not be legally allowed to stay in the US. Critics say the government is using the public health orders as an excuse to turn back immigrants at the border.

. . . .

“While we recognize that the Biden administration has been saddled with a lot of bad policy and structural problems, it cannot continue the Trump administration practice of turning away people in danger based on illegal policies, such as the notorious and pretextual Title 42 policy,” said Lee Gelernt, an attorney with the ACLU.

. . . .

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

Read the full article at the link.

“Go suffer and die somewhere else, out of our sight,” might not be the best message for an Administration trying to re-establish its human rights and humanitarian leadership and credentials. Ever hear of the “St. Louis Incident?” It’s always easy to find a way to “just say no” to refugees — and the consequences are seldom pretty. 

Those who won’t learn from history are destined to repeat it. Refugee and forced migration situations happen in the “here and now;” they can’t be “back burnered” — no matter how much policy officials might wish otherwise. In a forced migration situation, “doing nothing” is an action that produces consequences for both the forced migrant and those who ignore their plight.

There are many daily potentially deadly and dehumanizing consequences of continuing to ignore asylum laws and Constitutional due process for asylum seekers at our Southern Border.

One predictable one: Instead of turning themselves in at the border or to the Border Patrol shortly after entry, as had been happening until Miller & co. intervened, those seeking refuge apparently have gotten the message that our legal system is and remains a sham for them. Consequently, increasingly they are simply evading the Border Patrol and disappearing into the interior with no screening whatsoever — health, legal, or background. Also, by intentionally driving people out of the legal system, the Administration is totally blowing a chance to harness and build upon one of the most powerful known facts — represented individuals with asylum hearings scheduled show up for their hearings!

⚖️🗽OUTING THE BIG NATIVIST LIE: EOIR/DHS CLAIM THAT MIGRANTS DON’T SHOW UP FOR HEARINGS REFUTED BY USG’S OWN DATA — Professor Ingrid Eagly & Steven Schafer Analyzed Millions Of Records To Show How False Narratives Drive Draconian Policies — Eagley, Shafer, Reichlin-Melnick, Schmidt Set Record Straight @ Press Conference!

According to an article in today’s Washington Post, the estimated number of so-called “get always” — actually human beings seeking refuge — hit 1,000 on Sunday. 

https://www.washingtonpost.com/immigration/border-arrests-increased-in-january/2021/02/10/8604f714-6bc0-11eb-9f80-3d7646ce1bc0_story.html

Sure, there are many aspects of this problem. But, it has been “out there” for nearly a year!

Sure seems to me that with the right experts in charge, including folks like Lee Gelernt and Erika Pinhero, this issue could and should have been addressed more constructively and with much more urgency by the Biden Administration by now. Why not harness the expertise and proven problem solving abilities of folks like Lee, Erika, and many other members of the New Due Process Army rather than fighting with and resisting them? 

Instead, it looks like time and resources will continue to be wasted on forcing policy changes through litigation. Meanwhile, vulnerable asylum seekers and their families will continue to suffer as illustrated by this recent article from HuffPost about the human consequences for those caught up in the Government’s scofflaw border policies.

https://www.huffpost.com/entry/biden-trump-migrant-asylum-seekers_n_60219e61c5b6c56a89a39a32

NOTE TO PRESIDENTIAL PRESS SECRETARY JEN PSAKI: Sorry, Jen, but those fleeing for their lives don’t generally respond well to “don’t come right now, we don’t want you” messages, particularly from folks who have never been in that situation themselves. It’s actually pretty insulting to think that folks fleeing to the U.S. 1) aren’t smart enough to know the dangers involved; 2) don’t realize that the the U.S. Government doesn’t want them; and/or 3) have choices about their travel as Jen and her buddies might have when planning a summer vacation. 

As one of my esteemed colleagues once told me: “Desperate people do desperate things.” What about people who keep repeating the same policy mistakes over and over while expecting different results and failing to grasp either the absolute urgency or the human side of forced migration issues? It’s sort of like going to the emergency room with a burst appendix and being told, “Why don’t you just sit in the waiting room until we doctors figure out what to do? Get back to you later!”

Somewhere out there, Stephen Miller must be gloating about how he totally outsmarted and outflanked the Biden Team!

🇺🇸⚖️🗽Due Process Forever! Oh, when will they ever learn, when will they learn?

PWS

02-11-21

UPDATE: THE CONTINUING REAL TRAUMA CAUSED BY THE “REMAIN IN MEXICO PROGRAM” (A/K/A “LET ‘EM DIE IN MEXICO”) WHILE THE BIDEN ADMINISTRATION “STUDIES” THEIR NEXT MOVE:

Emily Green writes in Vice, as reposted in ImmigrationProf Blog:

https://lawprofessors.typepad.com/immigration/2021/02/the-trauma-of-being-stuck-at-the-us-mexico-border.html

 

Emily Green
Emily Green
Latin America Reporter
Vice News

PWS

02-11-21

Related posts:

  1. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  2. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  3. 👍🏼🗽⚖️🙂🇺🇸BREAKING: IN A STUNNING REVERSAL, BIDEN ADMINISTRATION WILL BEGIN DISMANTLING “REMAIN IN MEXICO” PROGRAM BY SCREENING & ADMITTING THOSE WHO HAVE BEEN AWAITING ASYLUM HEARINGS! — Processing To Begin On Feb. 19!
  4. WHERE’S THE OUTRAGE? — 9th CIRCUIT JUDGES ASSIST REGIME’S AGENTS IN COMMITTING “CRIMES AGAINST HUMANITY” MERE YARDS FROM THE BORDER! — NDPA Leader Jodi Goodwin, Esquire, Speaks Out: “I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me. I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.”

THE “LUCAS LIST” — No, It’s Not Another “Star Trek” 🚀 🌌Prequel! — But, It Could Be The Key To Saving Our Universe!🌎

Darth Vader
Trump Era Immigration Kakistocrat
Photo: Bennie Thomas, Creative Commons License
Professor Lucas Guttentag
“Luke Skywalker”
A/K/A Professor Lucas Guttentag
Yale Law
Photo: Duke Law via YouTube

Professor Lucas Guttentag has tracked “every known Trump-era immigration policy from January 2017 through the end of the administration.” There are over 1,000! This “easy to use” tool should be a great resource for policy makers, litigators, legislators, journalists, students, historians and teachers looking to grasp and dismantle Trump’s anti-American, anti-humanity immigration initiatives!

Needless to say, there is a whole section for the EOIR Clown Show/Kakistocracy 🤡🦹🏿‍♂️ containing 173 separate entries!

https://immpolicytracking.org/policies/department/department-of-justice/executive-office-for-immigration-review

🇺🇸🗽⚖️Due Process Forever!

PWS

02-10-21

 

Related posts:

  1. 🇺🇸😎⚖️🗽👍🏼LAW YOU CAN USE:  Michelle Mendez and CLINIC Publish A New Practice Advisory on Opening & Closing Statements in Immigration Court
  2. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  3. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  4. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 

⚖️🗽PROFESSOR CRISTINA RODRIGUEZ (YALE LAW) & SHAW DRAKE (ACLU) AMONG NDPA HEADLINERS @ 2021 ST. MARY’S LAW IMMIGRATION SYMPOSIUM!

2021 Immigration Symposium

The Road to Rehabilitation: Reconnecting with Humanity

The Scholar: St. Mary’s Law Review on Race and Social Justice Cordially Invites You

2021 Immigration Symposium

Friday, Feb. 26th, 10am-4pm

This is an online event.

REGISTRATION IS NOW OPEN AT:

https://www.eventbrite.com/e/2021-immigration-symposium-tickets-140034403671

Our Symposium’s focus will be on the practical aspects of immigration law and the current policy debates surrounding the field. Our goal is to present a compelling CLE program for immigration and non-immigration practitioners alike, as well as to provide an engaging educational experience for current law students. This year’s theme is “The Road to Rehabilitation: Reconnecting with Humanity.”

Attendees will have the opportunity to hear a variety of notable immigration attorneys, leaders, and scholars speak on current issues within the field of immigration law in the United States.

Our event is made possible through the generous sponsorship of Terry Bassham (’85) & Zulema Carrasco Bassham.

Featured Speakers and Panelists

Register Today. We Look Forward to Seeing You.

This CLE event is pending approval by the State Bar of Texas for 5 CLE credit hours (including 1 hour of ethics).

Registration is now open and available through February 26:

  • Attorney registration $85
  • Government employee and non-attorney registration $55
  • Immigration volunteer registration $25
  • Student registration $10 (scholarships available for St. Mary’s School of Law students only; please email lawscholar@stmarytx.edu from your St. Mary’s email address telling us why you would like to attend)
  • St. Mary’s School of Law faculty/staff and Scholar Volume 23 member registration is free
  • Press/media registration is free

Register by clicking here: https://www.eventbrite.com/e/2021-immigration-symposium-tickets-140034403671

Hosted by The Scholar: St. Mary's Law Review on Race and Social Justice

Hosted by The Scholar: St. Mary’s Law Review on Race and Social Justice

The Scholar: St. Mary’s Law Review on Race and Social Justice is a student-run law review at St. Mary’s University School of Law in San Antonio, Texas. The goal of The Scholar is to give a voice to the voiceless and the vulnerable in our society. The Scholar publishes three issues per volume on a variety of legal topics through the lens of race and social justice. Additionally, The Scholar hosts an Immigration Symposium annually during the spring semester.

1 Camino Santa Maria, San Antonio, TX 78228, USA lawscholar@stmarytx.edu 210-296-8056 scholarlawreview.org

Background image courtesy of Good Point, goodpointagency.com.

Illustrated by Annelisa Leinbach, annelisaleinbach.com.

Cristina Rodriguez photo by Harold Shapiro.

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

Professor Cristina Rodriguez is the co-author (with Professor Adam B. Cox of NYU Law) of the widely acclaimed book The President & Immigration Law. Recently she worked on EOIR issues for the Biden-Harris Transition Team.

Shaw Drake is Staff Attorney & Policy Counsel, Border & Immigrants’ Rights, ACLU of Texas. He was one of my all-star Refugee Law & Policy students @ Georgetown Law and a Charter Member of the New Due Process Army (“NDPA”).

Last year, I was on this outstanding program. It was one of my last “in person” appearances before COVID restrictions set in.

🇺🇸🗽⚖️👍🏼Due Process Forever!

PWS

02-07-21

Related posts:

  1. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  2. 🇺🇸😎⚖️🗽👍🏼LAW YOU CAN USE:  Michelle Mendez and CLINIC Publish A New Practice Advisory on Opening & Closing Statements in Immigration Court
  3. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  4. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 

⚖️🧑🏽‍⚖️THE FEDERAL COURTS ARE BROKEN — PRESIDENT BIDEN WANTS TO FIX THEM! — He Should Start With The Immigration Courts! — “There Is Nothing To Be Gained From Half Measures!”

Dahlia Lithwick
Dahlia Lithwick
Supreme Court Reporter
Slate
Wikimedia Commons — Public Domain
Russ Feingold
Russ Feingold
President, American Constitution Society
Photo: JD Lasica, Creative Commons License

 

https://slate.com/news-and-politics/2021/02/russ-feingold-american-constitution-society-judges.html

Dahlia Lithwick interviews Russ Feingold @ Slate: 

While Donald Trump failed to pass much signature legislation and largely failed to remake the federal government in ways that cannot be immediately corrected, his landmark achievement will be his lasting contributions to the federal judiciary. Breaking the records of his predecessors, Trump seated 234 judges on the federal courts in four years, including three at the Supreme Court. That means that whatever Biden and the Democrats try to do in the coming months and years, most of the efforts will ultimately be in the hands of life-tenured judges, 30 percent of whom were named by Trump. Those judges are overwhelmingly very young, very white, and very male. A preview of what’s likely to come happened just last week, when a federal judge tapped by Trump blocked Biden’s 100-day deportation “pause” with a nationwide injunction.

The question is what Biden and the Democrats can and will do in response to Trump’s enduring legacy. The new president is already making moves that indicate he understands that some of the norms and conventions that guided Barack Obama in building the judiciary are dead and gone. This week the Washington Post reported that the Biden administration is doing away with the formal American Bar Association vetting process that Democratic presidents used to abide by, because it was jettisoned by Republican presidents and because it simply lengthened the process. Biden is also hustling to put together the bipartisan commission he pledged would examine structural reforms for the Supreme Court and the federal judiciary. Former Wisconsin Sen. Russ Feingold is a leading Democrat attempting to strengthen the left’s ability to appoint judges, to match the pace the right has set. He is the president of the American Constitution Society, the left’s answer to the Federalist Society (we spoke last year when he assumed the post). Given the potential of the current moment for big changes in the judiciary, I wanted to ask him what happens next. Our conversation has been lightly edited for clarity.

. . . .

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

Read the rest of the interview at the link. 

The disgraceful mess that Trump and McConnell made out of our Federal Judiciary has been a constant theme here @ Courtside over the past four years!

What’s missing from this interview are these fundamental realizations that those of us in the world of immigration and human rights know well but seem to escape most of the others looking to fundamentally change and improve the Federal Judiciary:

  • There are few things that go on in the Federal Judiciary, at any level, as important to human lives and the future of our nation as what takes place in Immigration Court every day;  
  • The Immigration Courts have hit stunning new levels of dysfunction, incompetence, and intentional injustice over the past four years  — they are truly an ongoing national disgrace (“America’s Star Chambers” or “Clown Courts”🤡) and a stain on the humanity of our nation, as well as an abomination that threatens to collapse our entire justice system;
  • Immigration law and “weaponized” Immigration Courts have been the key to the Trump regime’s attack on American democracy and our Constitutional institutions culminating in the deadly Capitol insurrection;
  • The Biden Administration has complete authority to fix the Immigration Courts now — no waiting for Justices or Judges to retire, “negotiating with Mitch and the Federalist Society,” waiting for the scheduling of Senate Confirmation hearings, or humoring home state Senators;
  • Some of the lawyers and advocates who led the legal fight to preserve American democracy over the past four years would be outstanding choices for the Immigration Judiciary (as well as the Article III Judiciary — there is no shortage of diverse progressive talent with “real life retail experience” out here in the NDPA, Russ); 
  • A well-functioning, diverse, independent Immigration Judiciary would not just help advance and enforce the Administration’s progressive, humane, due-process-focused immigration and human rights policies, but also should become a model of “best practices” for the Article III Judiciary, and an extraordinary source of well-trained, experienced, progressive, “practical scholar jurists” for filling positions in the Article III Judiciary;
  • Better understanding of, and commitment to, humanely and properly administering immigration and human rights laws by Federal Judges — and the total elimination of “Dred Scottification of the other” under law — is the absolutely essential “now-missing key” to achieving racial justice and social justice in America;
  • America can’t afford the astounding absence of true immigration scholarship, human understanding of immigrants, practical decision making and problem solving, and an overriding commitment to due process for all persons, including asylum seekers and migrants, that now infects the Federal Court system at all levels;
  • Those seeking to undermine American democracy will continue to exploit the Federal Judiciary’s overall lack of understanding of immigration and human rights laws and their willing abrogation of Constitutional due process and basic concepts of fundamental fairness and human dignity for some of the most vulnerable persons among us — we must fix this problem before it destroys us!

🇺🇸🗽⚖️🧑🏽‍⚖️👍🏼Due Process Forever!

PWS

02-05-21

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