🏴‍☠️KAKISTOCRACY UPDATE W/ CATHERINE RAMPELL @ WASHPOST: Trump’s Morally & Financially Bankrupt USCIS Stops Making Green Cards — Literally!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/how-the-trump-administration-is-turning-legal-immigrants-into-undocumented-ones/2020/07/09/15c1cbf6-c203-11ea-9fdd-b7ac6b051dc8_story.html

By Catherine Rampell

July 9 at 7:30 PM ET

The Trump administration is turning legal immigrants into undocumented ones.

That is, the “show me your papers” administration has literally switched off printers needed to generate those “papers.”

Without telling Congress, the administration has scaled back the printing of documents it has already promised to immigrants — including green cards, the wallet-size I.D.’s legal permanent residents must carry everywhere to prove they are in the United States lawfully.

In mid-June, U.S. Citizenship and Immigration Services’ contract ended with the company that had been printing these documents. Production was slated to be insourced, but “the agency’s financial situation,” USCIS said Thursday, prompted a hiring freeze that required it to ratchet down printing.

. . . .

USCIS, which is funded almost entirely by fees, is undergoing a budget crisis, largely caused by financial mismanagement by political leadership. The printing disruptions are no doubt a preview of chaos to come if the agency furloughs about 70 percent of its workforce, as it has said it will do in a few weeks absent a congressional bailout.

In recent conversations with congressional staffers about cutting contracts to save money, USCIS mentioned only one contract, for a different division, that was being reduced — and made no reference to this printing contract, according to a person who took part in those discussions. The company that had this contract, Logistics Systems Inc., did not respond to emails and calls this week requesting comment.

The administration has taken other steps in recent months that curb immigration. Presidential executive orders have almost entirely ended issuance of green cards and work-based visas for people applying from outside the country; red tape and bureaucracy have slowed the process for those applying from within U.S. borders. For a while, the agency refused to forward files from one office to another. The centers that collect necessary biometric data remain shuttered.

These pipeline delays are likely to dramatically reduce the number of green cards ultimately approved and issued this year.

Under normal circumstances, immigrants who need proof of legal residency but haven’t yet received their green card would have an alternative: get a special passport stamp from USCIS. But amid covid-related changes, applicants must provide evidence of a “critical need,” with little guidance about what that means.

“The bottom line is that applicants pay huge filing fees, and it appears that these fees have apparently been either squandered through mismanagement or diverted to enforcement-focused initiatives, to the great detriment of applicants as well as the overall efficiency of the immigration process,” says Anis Saleh, an immigration attorney in Coral Gables, Fla. “The administration has accomplished its goal of shutting down legal immigration without actually changing the law.”

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Read the rest of Catherine’s article at the link.

It should come as no surprise that an agency under unqualified White Nationalist Ken “Cooch Cooch” Cuccinelli is being run into the ground and has lost its mission through misdirection and mismanagement. That’s basically Cooch’s story in a nutshell as those of us know in Virginia, where we count ourselves most fortunate not to have him as our Governor.

I have written previously about how the regime’s “malicious incompetence” has bankrupted once self-sustaining USCIS while destroying our legal immigration and asylum systems that benefit the US and individual migrants and refugees in numerous ways. I made the rather obvious point that the House Dems should not bail out this regime on USCIS, but rather require that the money be found by reprograming funds from bloated, wasteful, ineffective, and inhumane DHS enforcement programs, starting with the wall.

https://immigrationcourtside.com/2020/07/07/%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8f%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8f%f0%9f%a4%ae%f0%9f%91%8ekakistocracy-korner-trumps-malicious-incompetence-bankrupts-once-profitable-immigration-age/

The solution to maliciously incompetent freeloaders like the Trump immigration kakistocracy is not to provide more bailouts as rewards for their misconduct and mismanagement.

A recent report from the American Immigration Council shows how DHS enforcement spending has bloated to over $25 billion annually at then same time the Trump kakistocracy has mismanaged USCIS into bankruptcy. https://www.americanimmigrationcouncil.org/research/the-cost-of-immigration-enforcement-and-border-security

And, we haven’t really gotten much return on that investment, Here’s a key quote from the AIC Report:

What has this spending bought? The United States currently has roughly 700 miles of fencing along the Southern border, record levels of staff for ICE and CBP, as well as a fleet of drones, among other resources. Some of these resources have been spent on ill-conceived projects, such as the $1 billion attempt to construct a “virtual fence” along the Southwest border, a project initiated in 2005 that was later scrapped for being ineffective and too costly. CBP announced a similar project in July 2020 to install a total of 200 “Autonomous Surveillance Towers” along remote areas of the southern border at a reported cost of several hundred million dollars.

Even with record level spending on enforcement, enforcement alone is not sufficient to address the challenges of undocumented migration. It also has significant unintended consequences; according to U.S. Border Patrol statistics, the Southwest border witnesses close to one death per day. All of these efforts that have accumulated in the name of security, however, do not necessarily measure border security properly, or make the border more secure. It is past time for the United States to turn away from costly and haphazard efforts to secure the border and instead focus on reining in the costs of border enforcement.

I argue that the regime’s focus on removing folks who were peacefully residing in the U.S. and contributing to our economy, many with U.S. citizen family members who are then left in dire straits, has actually been detrimental to America, in addition to killing the Immigration Courts.

Likewise, the shutdown of our legal refugee, asylum, and immigration systems without legislation has not only placed our nation among the ranks of human rights violators and harmed or endangered human lives, but also deprived us of individuals with a powerful history of making outsized contributions to our society and our economy.

I doubt that a rational immigration policy and system that looked at the real national interest, rather than the mythologized White Nationalist, fundamentally racist version of it, would require such a huge, yet largely counterproductive, enforcement apparatus. At a minimum, costs for civil detention and removals could be cut substantially in a better system.

Due Process Forever! More public welfare handouts for the kakistocracy, never!

PWS

07-12-20

🏴‍☠️TRUMP “JUSTICE” — DHS DEATH CAMP ⚰️ IN VIRGINIA — Convicted Criminal Sleezeball Roger Stone Gets Out of Jail Free, But ICE Non-Criminal Prisoners @ Farmville Face COVID-19 Detain Until Dead ☠️ (“DUD”) Policy!🤮

NBC 4 Washington reports in this video:

https://www.nbcwashington.com/news/local/covid-19-outbreak-at-ice-detention-center-in-virginia/2358116/

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This is justice? Unhappily, it’s what passes for justice for people of color in the era of Trump.

This November, vote like your life depends on it! Because it does!

PWS

07-11-20

 

CHARLES M. BLOW @ NYT: TIME TO START CALLING IT WHAT IT IS:  “It is time for us to simply call a thing a thing: White supremacy is the biggest racial problem this country faces, and has faced. It is almost always the cause of unrest around race. It has been used to slaughter and destroy, to oppress and imprison. It manifests in every segment of American life.”

 

https://www.nytimes.com/2020/07/08/opinion/racism-united-states.html

Blow writes in The NY Times:

Now that we are deep into protests over racism, inequality and police brutality — protests that I’ve come to see as a revisiting of Freedom Summer —  it is clear that Donald Trump sees the activation of white nationalism and anti-otherness as his path to re-election. We are engaged in yet another national conversation about race and racism, privilege and oppression.

But, as is usually the case, the language we used to describe the moment is lacking. We — the public and the media, including this newspaper, including, in the past, this very column — often use, consciously or not, language that shields anti-Black white supremacy, rather than to expose it and hold it accountable.

We use all manner of euphemisms and terms of art to keep from directly addressing the racial reality in America. This may be some holdover from a bygone time, but it is now time for it to come to an end.

Take for instance the term “race relations.” Polling organizations like Gallup and the Pew Research Center often ask respondents how they feel about the state of race relations in the country.

I have never fully understood what this meant. It suggests a relationship that swings from harmony to disharmony. But that is not the way race is structured or animated in this country. From the beginning, the racial dynamics in America have been about power, equality and access, or the lack thereof.

Protests, and even violence, have erupted when white people felt their hold on those things was threatened or when Black people — or Indigenous people, or Hispanics — rebelled against those things being denied.

So what are the relations here? It is a linguistic sidestep that avoids the true issue: anti-Black and anti-other white supremacy.

. . . .

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Read the rest of the article at the link. 

White Supremacy is at the core of Donald Trump and today’s GOP. It is willfully enabled by Chief Justice John Roberts and other Supreme Court Justices who refuse to acknowledge the obvious anti-Hispanic and anti-people of color motivations behind unconstitutional and inhuman immigration and asylum restrictions designed by notoriously outspoken neo-Nazi racist Stephen Miller. 

Likewise, the intellectually corrupt Supremes’ majority fails to prevent the GOP’s racist strategy of suppressing voting rights of African Americans and Latinos. The unconstitutionality of these schemes to deny the vote and dilute the political power of people of color has been crystal clear under our Constitution since the enactment of the 15th Amendment to the U.S. Constitution in 1870. 

You don’t need a Harvard law degree to figure this out. Just honesty, courage, and intellectual integrity — things that I once took for granted among Supreme Court Justices, but now see are sorely missing on today’s Court where extreme rightist ideology identified with white supremacy has replaced judicial qualifications as selection criteria when the GOP was in charge.

Ending white supremacy in America will require ousting Trump and the GOP and ending the GOP’s power to put more unqualified judges who are opposed to racial and social justice in America on the Federal Bench.

This November, vote like your life and our nation’s future depend it it. Because they do!

PWS

07-09-20

🤮☠️🏴‍☠️ ⚰️As American Governance Crumbles, Desperate Neo-Nazi Regime Rolls Out Plans For More “Crimes Against Humanity” Targeting Helpless Refugees Legally Seeking Asylum — These Cowardly, Immoral, & Patently Unconstitutional Deeds Are Being Done in OUR Name While The Complicit Supremes Watch What They Have Enabled & Encouraged By Abandoning Humanity, Our Constitution, Intellectual Integrity, & American Values! 

 

https://www.nbcnews.com/politics/immigration/trump-admin-plans-block-asylum-seekers-u-s-citing-public-n1233253

From NBC News:

July 8, 2020, 6:35 PM EDT

By Julia Ainsley and Adiel Kaplan

The Trump administration has proposed a new rule that would allow it to deny asylum to immigrants who are deemed a public health risk.

The soon-to-be published rule would let the Department of Homeland Security and Department of Justice to block immigrants from seeking asylum in the U.S. based on “potential international threats from the spread of pandemics,” according to a notice announcing it Wednesday.

The rule would apply to immigrants seeking asylum and those seeking “withholding of removal” — a protected immigration status for those who have shown they may well face danger if returned to their home countries.

. . . .

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Read the rest of the article at the link.

This outrageous, totally pretextual, racist proposal violates the Constitution, asylum laws, international agreements, morality, and human values. The factual basis is absurd since there has been no showing that asylum applicants are a source of COVID spread. To the contrary, unnecessarily detained asylum applicants have been victims of Trump’s failed policies. Moreover, if DHS actually were worried about COVID, they could easily test and quarantine to identify and deal constructively and humanely with the few applicants who might have been infected someplace other than DHS facilities.

This is White Nationalist racism at its worst.

We need better judges, and particularly better Justices on the Supremes, for a better America! Judges who will prevent, rather than encourage, racist-driven “crimes against humanity.” Standing up against such crimes, particularly when they are disgracefully directed by a racist Executive at our most vulnerable humans, should be a “no-brainer” for a unanimous Supremes with Justices qualified for the high offices they hold. For the “JR Five” a “no brainer” has too often been a “non-starter.” So, the regime’s gross abuses of migrants and people of color and the damage, societal disorder, wasted time, squandered resources, and the human misery they cause roll on.

“Dred Scottification” is wrong! Period! And Supreme Court Justices who enable it are wrong for America!

This November, vote like your life depends on it. Because it does!

PWS

07-09-20

🏴‍☠️☠️⚰️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!

Trump Administration Makes Immigration Courts an Enforcement Tool by Appointing Prosecutors to Lead

CONTACTS:
George Tzamaras
202-507-7649
gtzamaras@aila.org
Belle Woods
202-507-7675
bwoods@aila.org

 

WASHINGTON, DC — The American Immigration Lawyers Association (AILA) condemns the Trump administration’s recent ramp-up of efforts to turn the immigration court system into an enforcement tool rather than an independent arbiter for justice. The immigration courts are formally known as the Executive Office for Immigration Review (EOIR) and are overseen by the Department of Justice (DOJ).

AILA President Jennifer Minear, noted, “AILA has long advocated for an independent immigration court, one that ensures judges serve as neutral arbiters of justice. This administration has instead subjected the courts to political influence and exploited the inherent structural flaws of the DOJ-controlled immigration courts, which also prosecutes immigration cases at the federal level. The nail in the coffin of judicial neutrality is the fact that the administration has put the courts in the control of a new Chief Immigration Judge who has no judicial experience but served as ICE’s chief immigration prosecutor. No less concerning is DOJ’s recent choice for Chief Appellate Immigration Judge – an individual who also prosecuted immigration cases and advised the Trump White House on immigration policy. This administration continues to weaponize the immigration courts for the sole purpose of accelerating deportations rather than dispensing neutral justice. Congress must investigate these politically motivated appointments and pass legislation to create an independent, Article I immigration court.”

Among the recent actions taken by this administration to bias the immigration courts:

More AILA resources on the immigration courts can be found at: https://www.aila.org/immigrationcourts.

Cite as AILA Doc. No. 20070696.

 

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As a friend and former colleague said recently “I would have thought that the one thing everyone could get behind, regardless of political philosophy, would be a neutral court system.” Sadly, not so in today’s crumbling America.

There are three groups blocking the way:

  • The Trump Administration, where due process only applies to Trump and his corrupt cronies;
  • GOP legislators whose acquittal of Trump against the overwhelming weight of the evidence shows exactly what due process means to them;
  • Five GOP-appointed Justices on the Supremes who don’t believe that due process applies to all persons in the US, notwithstanding the “plain language” of Article 5 of our Constitution — particularly if those persons have the misfortune to be asylum seekers of color.

The end result is “Dred Scottification” — that is, dehumanization or “de-personification” of “the other.” The GOP has made it a centerpiece of their failed attempt to govern, from voter suppression, to looting the Treasury for the benefit of the rich and powerful, to immunity for law enforcement officers who kill minorities, to greenlighting cruel, inhuman,and counterproductive treatment of lawful asylum seekers and immigrants. Not surprisingly, this essentially “Whites Only” view of social justice is ripping our nation apart on many levels.

I find it highly ironic that at the same time we are rightfully removing statutes of Chief Justice Roger Taney, a racist who authored the infamous Dred Scott Decision, Chief Justice Roberts and four of his colleagues continue to “Dred Scottify” asylum seekers and other immigrants, primarily those of color, by denying them the due process, fundamental fairness, fair and impartial judges, and, perhaps most of all, racist-free policies that our Constitution demands! 

Compare the “due process” afforded Trump by the GOP Senate and the pardon of a convicted civil and human rights abuser like “Racist Sheriff Joe” with the ugly and dishonest parody of due process afforded Sister Norma’s lawful asylum seekers whose “crime” was seeking fair treatment, justice, and an acknowledgement of their humanity from a nation that has turned it’s back on those values. 

https://immigrationcourtside.com/2020/07/06/%f0%9f%98%8e%f0%9f%97%bd%e2%9a%96%ef%b8%8fgood-news-9th-cir-deals-another-blow-to-stephen-millers-illegal-white-nationalist-war-on-asylum-now-will-the-supremes-majority-stan/

What Sister Norma’s article did not mention is that those who survive in Mexico long enough to get to “court” have their asylum claims denied at a rate of about 99% by an unfair system intentionally skewed and biased against them. Most experts believe that many, probably a majority, of those being denied actually merit protection under a fair and impartial application of our laws. 

But, as pointed out by AILA, that’s not why Billy the Bigot has appointed prosecutors as top “judges” and notorious asylum deniers as “appellate judges.” He intends to perpetuate a highly unfair “deportation railroad” designed by infamous White Nationalist racist Stephen Miller. In other words, our justice system is being weaponized in support of an overtly racist agenda formulated by a racist regime that has made racism the centerpiece of its pitch for remaining in office. Incredible! Yet true!

The Supremes have life tenure. But, the other two branches of our failing Government don’t. And, a better Executive and a better Legislature that believe in our Constitution and equal justice for all is a necessary start on a better Federal Judiciary — one where commitment to due process, fundamental fairness, and equal justice for all is a threshold requirement for future judicial appointments. Time to throw the “non-believers” and their enablers out of office.

This November, vote like your life and our country’s existence depend on it! Because they do!

PWS

07-07-20

😎🗽⚖️GOOD NEWS: 9th Cir. Deals Another Blow To Stephen Miller’s Illegal White Nationalist War On Asylum! Now, Will The Supremes’ Majority Stand For Equal Justice Under Law, Or Will They Again Side With A Racist Regime & Its “Crimes Against Humanity?”🏴‍☠️☠️⚰️👎

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

 

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca9-upholds-injunction-against-asylum-rule

 

 

Dan Kowalski reports for LexisNexis Immigration Community:

 

Immigration Law

 

Daniel M. Kowalski

6 Jul 2020

CA9 Upholds Injunction Against Asylum Rule

East Bay Sanctuary Covenant v. Barr

“On July 16, 2019, the Department of Justice and the Department of Homeland Security published a joint interim final Rule without notice and comment, entitled “Asylum Eligibility and Procedural Modifications” (the “Rule”). With limited exceptions, the Rule categorically denies asylum to aliens arriving at our border with Mexico unless they have first applied for, and have been denied, asylum in Mexico or another country through which they have traveled. We describe the Rule in detail below. Plaintiffs are nonprofit organizations that represent asylum seekers. They brought suit in district court seeking an injunction against enforcement of the Rule, contending that the Rule is invalid on three grounds: first, the Rule is not “consistent with” Section 208 of the Immigration and Nationality Act, 8 U.S.C. § 1158; second, the Rule is arbitrary and capricious; third, the Rule was adopted without notice and comment. The district court found that plaintiffs had a likelihood of success on all three grounds and entered a preliminary injunction against enforcement of the Rule, with effect in the four states on our border with Mexico. We hold that plaintiffs have shown a likelihood of success on the first and second grounds. We do not reach the third ground. We affirm.”

 

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This isn’t rocket science. Neither the legal nor moral issues are particularly difficult in this case. Indeed, the Supremes should unanimously have tossed Solicitor General Noel Francisco out on his tail the last time he unethically requested their intervention. Instead, they rewarded him, thus enabling and encouraging further “crimes against humanity.”

Unfortunately, this Supremes’ majority has had a hard time seeing people of color, and particularly those seeking asylum and other legal protections under our laws, as human. Even though the lower Federal Courts have essentially made things easy by showing exactly why these racist-inspired policies are illegal, a Supremes majority has chosen to advance Stephen Miller’s White Nationalist agenda, sometimes hiding behind a smokescreen of nonsensical legal gobbledygook, while other times choosing to act without bothering to provide any rationale at all.

One thing is for certain. Someday, after the fall of Trump, and the banishment of Miller, the Justices who advanced their unconstitutional, illegal, racist immigration agenda will try to “save their legacies” by putting some distance between themselves and the neo-Nazi ramifications of their votes. It’s critically important for those of us who see exactly what’s happening to insure that the names of justices and judges who sided with Stephen Miller are inextricably linked for the rest of time with his disgraceful racist legacy of “crimes against humanity.”

There is only one side of history here! And, it’s certainly not with Stephen Miller and his enablers, be they judges, legislators, public officials, or voters.

Read today’s op-ed by Sister Norma Pimentel, of the Missionaries of Jesus, executive director of Catholic Charities of the Rio Grande Valley in Brownsville, Tex whose courage and dedication to human rights and the rule of law puts complicit judges to shame. Sister Pimentel lives and observes every day the grotesque, unforgivable “crimes against humanity” and disparagement of the human dignity of asylum seekers effected by Miller’s judicially-enabled campaign of hate, dehumanization, and abuse of power. https://www.washingtonpost.com/opinions/covid-19-has-come-to-our-migrant-camp-it-makes-ending-the-mpp-policy-even-more-urgent/2020/07/03/455cacf8-bd41-11ea-8cf5-9c1b8d7f84c6_story.html

She writes, in part:

Meanwhile, the pandemic has made it more difficult to care for those who are arriving at the border each day. Since that lone covid-19 case was identified, Mexico’s National Immigration Institute has not allowed the camps to accept any new arrivals. So refugees are being turned away and have no place to go. Some are being placed in hotels or churches, and volunteers are desperately looking for other options.

Within the camp, we have had to limit the volunteers’ activities — there are 10 to 20 volunteers allowed to enter and help provide the people with food, water and basic health care. We have set up areas for washing hands, and try to provide hope and reassurance amid the uncertainty. All this makes it even harder to keep the camps safe from the cartels and gangsters who continue to prey on these largely defenseless asylum seekers.

That young woman who tested positive for the coronavirus has been transferred to a covid-19 center operated by Doctors Without Borders. We pray for her recovery, and we pray for all the families’ safety, for their protection and for a resolution to their untenable situation.

While I know many people in many places are dealing with so much, I urge you not to look away from the border in this moment. Do not ignore the suffering occurring here. It is time that we put an end to it, and to end the MPP policy. Until that happens, we will continue to help those who are defenseless, whose only real “crime” is trying to seek protection for themselves and their families.

Sister Norma Pimentel
Sister Norma Pimentel

In addition to highlighting inhumanity, Sister Pimentel shows the gross intellectual fraud and immorality in the Trump Regime’s bogus claim that asylum seekers present a significant threat of spreading COVID-19. If anything, it’s the exact opposite which is most often the case with the Trump regime’s endless racist false narratives and fake “horror stories” about immigration.

It also exposes yet again both the intellectual dishonesty and immorality of those who present “pretextual justifications” for illegal acts being perpetrated by our Government against the most vulnerable and the spineless performance of judges who claim to accept at face value that which any reasonable person knows to be a pretext for racism and inhumanity.

The intent behind these bogus regulation changes and programs like the “Migrant Protection Protocols” (or, more properly, “Let ‘Em Die in Mexico”) is very clear: dehumanize “the other” – in this case primarily brown skinned asylum seekers. But, in the process of letting this happen and tolerating legislators and judges without the decency to stand up for the rights of our fellow humans, WE are the ones who actually are dehumanized. We’re not allowed to look away from the horrors being perpetrated by the Trump regime in our name!

 

Due Process Forever!

 

 

PWS

 

07-06-20

 

 

🇺🇸JULY 4 SPECIAL🗽: CRISTIAN FARIAS @ KNIGHT INSTITUTE WITH LOADS OF “PAYWALL-FREE” ONLINE RESOURCES HIGHLIGHTING REGIME’S ABUSE OF IJ’S 1ST AMENDMENTS RIGHTS AS WELL AS PUBLIC’S RIGHT TO KNOW ABOUT THE FRAUD, WASTE & GROSS ABUSES UNFOLDING DAILY IN AMERICA’S MOST OUTRAGEOUSLY UNFAIR AND MISMANAGED “COURT” SYSTEM! — Our Taxpayer Funds Are Being Flushed Down The Toilet 🚽 By “Billy The Bigot” & His “Maliciously Incompetent” Gang Of White Nationalist Enablers & Promoters @ EOIR!

 

Cristian Farias
Cristian Farias
Writer in Residence
Knight First Amendment Institute

Cristian writes:

Hi, Paul:

Lots of other, nonpaywalled coverage of this new case:

Link to complaint:

https://knightcolumbia.org/cases/naij-v-mchenry

https://www.inquirer.com/news/immigration-judges-trump-lawsuit-free-speech-eoir-columbia-knight-center-20200701.html

https://abcnews.go.com/Politics/immigration-judges-challenge-doj-limits-public-speaking/story?id=71552573

https://thehill.com/homenews/administration/505388-immigration-judges-union-sues-justice-dept-over-policy-restricting?rnd=1593610305

https://in.reuters.com/article/usa-court-immigration-judges/immigration-judges-challenge-justice-dept-over-policy-gagging-them-from-public-speech-idINKBN24263H?il=0

https://www.cnn.com/2020/07/01/politics/immigration-judges-lawsuit/index.html

Thank you for all you do,

Cf.

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As many of you know, Cristian is a contributor to Courtside and a tireless advocate for free speech and Constitutional rights for everyone in America.

Thanks, Cristian, for all you do for America!

🇺🇸Celebrate America’s birthday by standing up for our Constitution and human dignity against the racism, ignorance, hate, & tyranny of the Trump regime!🗽

👍🏼Due Process Forever!⚖️

Here’s my previous reporting on this:

🤡CLOWN COURT REPORT: Dysfunctional “Court” System Notorious ☠️ For Denying Migrants’ Rights Forces Own Judges To Sue In Federal Court To Protect Their Individual Constitutional Rights!  — No Wonder The Mis-Management-Induced Backlogs Are Endless & Growing!

PWS

07-04-20

🇺🇸😎⚖️🗽👍🏼LAW YOU CAN USE:  Michelle Mendez and CLINIC Publish A New Practice Advisory on Opening & Closing Statements in Immigration Court

Michelle Mendez
Michelle Mendez
Defending Vulnerable Populations Director
Catholic Legal Immigration Network, Inc. (“CLINIC”)

 

https://cliniclegal.org/resources/litigation/practice-advisory-opening-statements-and-closing-arguments-immigration-court

Practice Advisory: Opening Statements and Closing Arguments in Immigration Court

Last UpdatedJuly 2, 2020

Topics Litigation Removal Proceedings Appeals

Opening statements and closing arguments can win cases for clients, if the practitioner is able to deliver a performance that is both concise and compelling. This practice advisory offers guidance and tips that will help practitioners deliver concise and compelling opening statements and closing arguments in immigration court.

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Read more and download this wonderful resource at the link.

Michelle and her team @ CLINIC promise more “great stuff” next week.

Going in Opposite Directions: Ironically, as the Trump DOJ has worked overtime to “dumb down” EOIR, Michelle and many others in the Immigration & Human Rights communities, particularly AILA, other NGOs, Clinical Professors, and pro bono counsel at “Big Law,” have been working even harder to promote “best immigration and legal practices” before all tribunals. And, despite the Supreme’s “willful blindness” to the Constitution, the rule of law, and human dignity as it applies to asylum seekers and migrants, the results are showing elsewhere in the justice system. 

It also points to the obvious unconscionably overlooked untapped source for better Federal Judges in the future, from the Supremes to the Immigration Courts: the pro bono and clinical immigration and human rights bars — actually the main fount of courageous opposition to the regime’s concerted attack on our Constitution, our justice system, and our humanity. 

If these folks and others like them were on the Supremes, American justice wouldn’t be in shambles and equal justice justice for all under our Constitution would actually be enforced, rather than degraded or intentionally skirted with legal gobbledygook. The lack of both legal and moral leadership from our highest Court in the face of a clearly out of control and unqualified White Nationalist Executive and his toadies is simply astounding, not to mention discouraging. 

It’s little wonder that the tensions caused in no small measure by the Court’s systemic failure to stand up for voting rights, civil rights, the rights of other persons of color in the U.S., and to hold abusers at all levels accountable, is now overflowing into the streets. No, an occasional vote for a correct result from Roberts or another member of “The Five” is not going to solve the problem of Constitutional, racial, and moral dereliction of duty by our highest Court.

Almost every day, “real” Article III Lower Courts “out” some aspect of the outrageously biased and unprofessional performance of EOIR and the rest of Trump’s immigration kakistocracy before the courts. Even some GOP and Trump appointed Article III Judges have “had enough” and don’t want their professional reputations and consciences sullied by association with the regime’s unlawful White Nationalist agenda.

Unfortunately, however, the Federal Courts generally have failed to follow through by sanctioning the often unethical and dishonest performance of the regime in court and by shutting down EOIR’s unconstitutional “kangaroo courts,” DHS’s equally unconstitutional “New American Gulag,” and the fraudulent operation of bogus “Safe Third County Agreements,” “Remain in Mexico,” and patiently disingenuous ridiculously overbroad COVID-19 “immigration bars” (which are actually thin cover for Stephen Miller’s preconceived White Nationalist nativist agenda). Moreover, lower Federal Court Judges who courageously stand up against the regime’s unconstitutional agenda and program of “dehumanization” are too often improperly undermined by the Supremes (sometimes without explanations or “short circuiting” the system), thereby “greenlighting” further “crimes against humanity” by an unscrupulous and unethical Executive.

We’re making a permanent record of both the “crimes against humanity” committed by the regime and those public officials, be they so-called “public servants,” feckless legislators, or life-tenured judges who have actively aided, abetted, been complicit, or “gone along to get along” with Trump’s countless lies and abuses. Later judicial “corrections” by a better Court or legislative “fixes” by a real Congress will not reclaim the lives of those shot on the streets by police, infected with COVID-19 in the Gulag, kidnapped and abused by gangs in Mexico while waiting for fake hearings, or “rocketed” back to persecution and torture in the Northern Triangle and elsewhere in violation of U.S. and international laws without any meaningful process at all. Nor will they wipe out the abuses by governments at all levels elected without the full participation of American citizens of color and in poverty whose votes were purposely suppressed or political authority diminished by corrupt GOP pols and their Supreme enablers. 

As we can see by the long-overdue historical reckoning coming to Confederates and other racists who actively worked to undermine our Constitution, block equal justice for all, and dehumanize other humans in America, there will be an eventual historical reckoning here, and justice ultimately will be served, even if not in our lifetimes. That’s bad news for Roberts, his right-wing colleagues, and a host of others who have willfully enabled the worst, most abusive, and most clearly lawless presidency in U.S. History, as well as the most overtly racist regime since Woodrow Wilson.

Due Process Forever!

This November, vote like your life depends on it! Because it does!

JOIN THE NEW DUE PROCESS ARMY (“NDPA”) & BE PART OF THE SOLUTION TO UNEQUAL JUSTICE IN AMERICA!

PWS

07-03-20

🏴‍☠️☠️💀⚰️👎🏻THE HUMAN RIGHTS ABUSERS 🤮 ON OUR PAYROLL: DHS Detention Outlaws Outed Again By U.S. Judge!

From the WashPost:

https://apple.news/AJGOptsSWSUqO9DzDOLgXaA

U.S. judge rules ICE unlawfully jails unaccompanied migrant children once they turn 18

BY SPENCER S. HSU

JULY 2 AT 5:18 PM

A federal judge ruled Thursday that U.S. Immigration and Customs Enforcement has unlawfully transferred thousands of unaccompanied children who turned 18 to adult detention facilities without considering alternatives, in violation of a 2013 law.

U.S. District Judge Rudolph Contreras of Washington, D.C., said he will order changes “in the near future” after a bench trial in a class-action lawsuit brought in March 2018 on behalf of immigrant teenagers by the National Immigrant Justice Center (NIJC).

Contreras found that ICE does not train field offices to search for or select less-restrictive options than contractor or ICE prisons and jails for minors aging out of refugee resettlement facilities, and in fact guides aofficers to act contrary to a law protecting trafficking victims.

As a result, the judge ruled, many officers choose not to review minors’ files, contact group homes or shelters, or respond to their attorneys suggesting alternatives. Many of ICE’s largest field offices “nearly automatically” send minors to adult jails, even when in extreme cases their parents in the United States or other sponsors would take them, the judge wrote.

“These are not the decisionmaking processes that Congress required” in the Trafficking Victims Protection Reauthorization Act or federal rulemaking law, Contreras wrote in a 180-page opinion. “By failing to make decisions in the way Congress dictated, and based on the factors Congress identified as relevant, ICE fails to fulfill its obligations under the statute.”

The Justice Department did not have a comment, spokeswoman Alexa Vance said.

In a statement by plaintiffs, pro bono lead counsel Steve Patton of Kirkland & Ellis said: “This is a great victory for thousands of current and future unaccompanied immigrant children who turned 18 in government custody. We could not be happier with the court’s thorough and well-reasoned decision.”

. . . .

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

Read the rest of Spencer’s article at the link.

While a majority of the Supremes seem committed to willfully furthering a program of racist-motivated human rights violations by the Trump kakistocracy, lower Federal Courts appear to be disassociating themselves from the Illegal activities and racist agenda of a lawless regime.

Due Process Forever!

PWS

O7-02-20

☠️⚰️👎🏻🤡CLOWN COURT REPORT: BILLY THE BIGOT BARR APPOINTS STUNNINGLY UNQUALIFIED DHS ENFORCEMENT MAVEN, WITHOUT JUDICIAL EXPERIENCE, TRACY SHORT, AS NEW CHIEF IMMIGRATION “JUDGE” — Shock, Anger, Outrage Spreading Across Immigration & Legal Communities At Latest “Middle Finger” To Due Process & Fundamental Fairness Flipped By Racist Administration Of Human Rights Abusers!

💀☠️⚰️🏴‍☠️

https://www.justice.gov/eoir/page/file/1291891/download

July 2, 2020
EOIR Announces New Chief Immigration Judge
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Tracy Short as the Chief Immigration Judge of EOIR’s Office of the Chief Immigration Judge.
Biographical information follows:
Tracy Short, Chief Immigration Judge
Attorney General William Barr appointed Tracy Short as the Chief Immigration Judge in June 2020. Chief Judge Short received a Bachelor of Arts in 1990 from Texas Christian University and a Juris Doctor in 1995 from the Louisiana State University Law Center. Chief Judge Short began his legal career in 1995 as a judicial law clerk for Judge James M. Dozier, Jr., of the Third Judicial District Court of Louisiana. From 1997 to 1998, he served as a public defender, representing indigent criminal defendants in Louisiana state courts, while also practicing civil law. From 1998 to 1999, Chief Judge Short was an assistant attorney general for the Louisiana Department of Justice where he represented the State of Louisiana in civil litigation. From 1999 to 2000, he also served as a judicial law clerk for Justice Chet D. Traylor of the Louisiana Supreme Court. From 2000 to 2001, Chief Judge Short was a judicial law clerk for Judge Robert B. Maloney of the U.S. District Court for the Northern District of Texas. From 2001 to 2003, Chief Judge Short litigated removal cases on behalf of the Department of Justice as trial attorney with the former Immigration and Naturalization Service in Dallas. From 2003 to 2005, Chief Judge Short served as Assistant Chief Counsel in the Dallas office of U.S. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA). In 2005, he was appointed as a Special Assistant U.S. Attorney (SAUSA) in the U.S. Attorney’s Office (USAO) for the Northern District of Texas, where he handled complex civil litigation involving ICE. In 2007, Chief Judge Short was appointed as a SAUSA in the USAO for the Eastern District of Texas, where he litigated criminal cases. From 2007 to 2009, he served as the Acting Deputy Chief Counsel and Senior Attorney in OPLA’s Dallas office. As a Senior Attorney, he litigated significant and complex immigration cases and served as the lead attorney for matters involving customs law and criminal investigations. From 2009 to 2015, he served as Deputy Chief Counsel in OPLA’s Atlanta office, where he managed litigation operations and client services in a multi- state field office. From 2015 to 2017, Chief Judge Short served as Counsel to the U.S. House of Representatives, Committee on the Judiciary’s Subcommittee on Immigration and Border
Communications and Legislative Affairs Division

Page 2
Security. From January 2017 to June 2020, he served as the ICE Principal Legal Advisor and, later, as a Senior Advisor to the ICE Acting Director. He is a member of the Louisiana State Bar Association and the State Bar of Texas.
— EOIR —
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s mission is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR is committed to ensuring fairness in all the cases it adjudicates.

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

The final paragraph above is, of course, a sick joke.

I predict that we will hear more from the legal and the human rights communities about this latest abuse of authority by a corrupt White Nationalist regime committed to a program of crimes against humanity.

Due Process Forever!

This November, vote like your life depends on it. Because it does!

PWS

07-02-20

🗽👍🏼😎EXCITING NEWS FOR AMERICA, JUST IN TIME FOR JULY 4!  — No, My Fellow Americans, It’s Not An Invitation To Attend Another Idiotic Disease-Spreading & Disaster-Risking Trump Fireworks Event! — It’s A Brand New “Tempest Tossed Podcast Series” Called “Entry Denied, Immigration Policies In The Time of Trump,”  Featuring My Friend, Uber Immigration Guru, Former U.N. Deputy High Commissioner For Refugees, Former “Legacy INS” Senior Executive, Former Georgetown Law Dean, Famous Textbook Author, All-Around Gentleman & Scholar, Now A Professor &  Director @ The New School, The One, The Only, The Amazing: T. ALEXANDER ALEINIKOFF💥🎆🎇🗽🏅⭐️ & A CAST OF THOUSANDS, INCLUDING NPR’S DEB AMOS, & NY TIMES SUPERSTAR REPORTERS MICHAEL SHEAR AND JULIE HIRSHFELD DAVIS — Get It From Your Favorite Podcast Platform!

T. Alexander Aleinikoff
T. Alexander Aleinikoff
American Legal Scholar
Deb Amos
Deb Amos
International Correspondent
NPR
Julie Hirshfeld Davis
Julie Hirshfeld Davis
Congressional Reporter
NY Times
Michael D. Shear
Michael D. Shear
White House Reporter
NY Times

From: Alex Aleinikoff
Sent: Tuesday, June 30, 2020 1:58 PM
To: Immprof
Subject: [immprof] Entry Denied on the Tempest Tossed podcast

 

Please excuse this shameless self-promotion.  We launched today the first of an 8-episode series on the Tempest Tossed podcast on Trump immigration policies. The series is called Entry Denied: Immigration policies in the time of Trump. In this first episode, Deb Amos (NPR) and I speak with NY Times reporters Michael Shear and Julie Hirshfeld Davis on how immigration became central to the Trump campaign. There will be a new episode each of the next 7 Tuesdays (on asylum, the wall, DACA, etc).

 

It is available on most podcast platforms (Apple, SoundCloud, Spotify)–search for Tempest Tossed.

 

Alex

University Professor

Director, Zolberg Institute on Migration and Mobility

The New School

 

 

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

I trust that at some point Alex will get around to telling everyone about the time back in the Carter Administration when we were on the verge of making then Associate Attorney General John H. Shenefield an official “Immigration Officer” to serve process on the tarmac @ JFK International. Or how with a little help from our late friend Jerry Tinker, Alex, David Martin, and I “perfected” the Refugee Act of 1980 just in time for the Cuban Boatlift. Whose idea was “Cuban/Haitian Entrant Status Pending” anyway? How come you never had to visit the Atlanta Federal Penitentiary during a lockdown, Alex?

Sounds like a most timely and fascinating series involving one of the all time great modern legal minds.

Thanks and best wishes to all involved in this historic enterprise! 🍾🥂🍻

Due Process Forever!

PWS

07-02-20

FELIPE DE LA HOZ @ THE NATION: “The Shadow Court Cementing Trump’s Immigration Policy” — “It’s not a court anymore, it’s an enforcement mechanism,” said Paul Wickham Schmidt, who was himself chair of the BIA between 1995 and 2001 and now writes a popular immigration blog called Immigration Courtside. “They’re taking predetermined policy and just disguising it as judicial opinions, when the results have all been predetermined and it has nothing to do or little to do with the merits of the cases.”

🏴‍☠️⚰️☠️👎

 

https://www.thenation.com/authors/felipe-de-la-hoz/

 

Just eight miles from the White House, the Trump administration has quietly opened a new front in its war against immigrants. Inside a 26-story office tower next to a Target in Falls Church, Virginia, the Board of Immigration Appeals has broken with any pretense of impartiality and appears to be working in lockstep with the administration to close the door on immigrants’ ability to remain in the country.

Created in 1940, when the immigration system was moved from the Department of Labor to the Justice Department, BIA serves as the appellate court within the immigration system, where both ICE prosecutors and noncitizen respondents can appeal decisions by individual immigration court judges around the country. It not only decides the fate of the migrants whose cases it reviews; if it chooses to publish a decision, it sets precedent for immigration courts across the country.

Under previous administrations, the BIA was ostensibly impartial and bipartisan, though mainly out of a long-standing tradition of promoting judicial objectivity. Since the entire immigration court system is contained in the Department of Justice—within an administrative agency known as the Executive Office for Immigration Review (EOIR)—immigration judges, including those serving as board members on the BIA, are employees of the DOJ, and, by extension, are part of the executive branch. Unlike their counterparts in the federal judiciary, immigration judges are not independent.

TOP ARTICLES2/5READ MOREPence Masks Up While Trump Keeps Dog-Whistling

Since 2018, the Trump administration has exploited its powers over the BIA by expanding the board from 17 to 23 members to accommodate additional anti-immigrant hardliners. Justice Department memos obtained by the American Immigration Council and the American Immigration Lawyers Association (AILA) show that EOIR pushed shorter hiring timelines, which were used to bring on judges with more restrictionist records.

Now the court is stacked with members who have consistently ruled against immigrants, such as one judge who threatened to unleash a dog on a two-year-old boy during a hearing. Numbers obtained by a law firm through a Freedom of Information Request show that the six BIA judges appointed by Attorney General William Barr all had granted asylum in less than 10 percent of cases in fiscal year 2019. (One never granted asylum, despite hearing 40 cases.) An EOIR spokesperson told The Nation in an e-mail that“EOIR does not choose Board members based on prohibited criteria such as race or politics” and that “Board members are selected through an open, competitive, merit-based process.”

The most notable example of the administration’s preference for ultraconservative judges came in late May, when Barr appointed David H. Wetmore as BIA chairman. Wetmore, a former immigration adviser to the White House Domestic Policy Council, was around for some of the Trump administration’s most egregious policies, including the travel ban and family separation policy.

Although only two decisions have been issued since Wetmore was appointed chair, he seems set to pick up where his predecessor, former Acting Chair Garry G. Malphrus, left off. Malphrus, a George W. Bush holdover, became the face of the court’s lurch to curtail immigrants’ legal protections since Trump took office. He had the hawkish bona fides that made him an ideal chairman under the Trump DOJ: From 1997 to 2001, he served as chief counsel to one-time segregationist Senator Strom Thurmond on the Senate Judiciary Committee, and he was made associate director of the White House Domestic Policy Council after his roleas a Brooks Brothers rioter during the 2000 Bush v. Gore recount in Florida—during which GOP operatives staged a protest that disrupted a recount and may have handed Bush the presidency.

Malphrus was made acting chair in 2019, and authored 24 of the 78 BIA precedential decisions issued under the current administration. Almost all of these precedential decisions have made it more difficult for immigrants to win their cases. The board made it harder for victims of terrorism to win asylum and raised the bar of evidence needed for several types of protections.

“It’s not a court anymore, it’s an enforcement mechanism,” said Paul Wickham Schmidt, who was himself chair of the BIA between 1995 and 2001 and now writes a popular immigration blog called Immigration Courtside. “They’re taking predetermined policy and just disguising it as judicial opinions, when the results have all been predetermined and it has nothing to do or little to do with the merits of the cases.”

Consider this: In a case decided in January, the BIA was considering whether an immigration judge had erred in refusing to postpone a removal decision for a person awaiting a decision on a U visa application—a visa type reserved for victims of certain crimes or those cooperating with authorities investigating a crime—to be resolved. (ICE had recently changed their policies to make it easier to deport people in this situation.) The BIA sided with the judge, acknowledging that the crime victim was “eligible for a U visa” but was not entitled to wait to receive it, in part due to his “lack of diligence in pursuing” one. The decision signals that immigrants eligible for crime victim visas, and who are willing to cooperate with law enforcement, can still be ordered deported.

While federal courts hear public oral arguments and largely deliberate openly, the BIA typically uses a paper review method, which means they receive briefs from opposing parties and hand down a decision some time later with the whole intervening process shrouded in secrecy. “Unlike federal courts, where unpublished decisions are still accessible by the public, and so you can track what judges are saying in decisions that do not make precedent, the [BIA] only sporadically releases those decisions,” said Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.

. . . .

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

 

Read the rest of Filipe’s article at the link.

 

Filipe’s final point in the article is one we should all keep in mind:

 

For hundreds of thousands of immigrants, it doesn’t matter if the anti-immigrant paper pushers in this obscure administrative body are tossed out and all of the policy is slowly reversed by another administration; for most, one shot is all they get. Whether a case was winnable before or even after the Trump BIA is irrelevant. The chance to stay in the United States will be lost forever.

The damage to our humanity and our national conscience inflicted by Trump’s White Nationalist regime, wrongfully enabled by complicit Supremes, and aided and abetted by a GOP Senate will not be “cured” by inevitable later “reforms,” be they next year under a better Administration or decades from now, as is happening with other racial justice issues. Undoubtedly, as eventually will be established, the current anti-immigrant and particularly the anti-asylum policies of the Trump regime are deeply rooted in racism, xenophobia, and misogyny. One need only look at the well-documented careers of “hate architects” like Stephen Miller, Steve Bannon, and Jeff Sessions to see the intentional ignorance and ugliness at work here.

I frankly don’t see how we as a nation ever can come to grips with the racial tensions and demands for equal justice now tearing at our society without recognizing the unconscionable racism and immorality driving our current immigration and refugee policies and the failure and untenability of too many leaders in all three branches who have either helped promote racial injustice or have lacked the moral and intellectual courage consistently to stand up against it. They are the problem, and their departure or disempowerment, no matter how long it takes, will be necessary for us eventually to move forward as one nation.

Due Process Forever!

PWS

06-30–20

 

🏴‍☠️☠️👎🏻BILLY’S BIA BLOWS ANOTHER — After Two Trips to The 8th Cir. Over 5 Years, The BIA Is Batting .000 — Ortiz v. Barr — CIMT

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/ca8-on-cimt-ortiz-ii-obstruction

Dan Kowalski reports for LexisNexis Immigration Community:

CA8 on CIMT: Ortiz II (Obstruction)

Ortiz v. Barr

“[In Ortiz I, this] Court determined that a conviction under Minn. Stat. Ann. § 609.50, subdiv. 2(2) [obstruction of legal process, arrest, or firefighting] is not categorically a crime of violence—and, thus, not an aggravated felony—because the minimum amount of force required to sustain a conviction under that statute is less than the level of force required to constitute a crime of violence under Johnson v. United States, 559 U.S. 133, 140 (2010). Ortiz v. Lynch, 796 F.3d 932, 935-36 (8th Cir. 2015). Accordingly, we granted Ortiz’s petition for review, vacated the order of removal, and remanded to the BIA to decide whether Ortiz’s prior conviction nonetheless subjected him to removal under 8 U.S.C. § 1227(a)(2)(A)(i) as a crime involving moral turpitude.

… Pursuant to the parties’ joint motion, the BIA remanded the case to the IJ to decide the issue. Ortiz again moved to terminate removal proceedings, arguing that a conviction for obstruction of legal process under Minn. Stat. Ann. § 609.50, subdiv. 2(2) is not a crime involving moral turpitude. The IJ denied the motion, finding that Ortiz’s prior conviction was categorically a crime involving moral turpitude because (1) the statute requires intentional conduct, and (2) using or threatening force or violence to obstruct legal process entails conduct that is inherently base, vile, or depraved and contrary to accepted rules of morality. Accordingly, the IJ sustained the charge of removability under 8 U.S.C. § 1227(a)(2)(A)(i) and ordered Ortiz’s removal from the United States to Mexico on that basis. The BIA affirmed the IJ’s decision, adding that the minimum conduct punishable by the statute falls within the definition of “moral turpitude” because it involves some aggravating level of force or violence in the context of interference with important and legitimate government functions. Ortiz again filed a timely petition for review.

…  [W]e conclude that the BIA erred in finding that a conviction under Minn. Stat. Ann. § 609.50, subdiv. 2(2) is categorically a crime involving moral turpitude. For the foregoing reasons, we hold a conviction under Minn. Stat. Ann. § 609.50, subdiv. 2(2) is not categorically a crime involving moral turpitude under 8 U.S.C. § 1227(a)(2)(A)(i). We, therefore, grant Ortiz’s petition for review and vacate the order of removal.”

[Attorney David L. Wilson writes: “This statement is particularly helpful and could go unnoticed. The court wrote, “Further, because subdivision 2(2) is a penalty provision, rather than a “statutory element[] that criminalize[s] otherwise innocent conduct,” the presumption in favor of a scienter requirement does not apply. United States v. X-Citement Video, Inc., 513 U.S. 64, 72 (1994).” The government has been trying to invoke this argument for some time, and the Eighth just shut it down.  A round of applause to Anne Carlson for the first round of the fight, and Brittany Bakken for bearing with me for the second round.”]

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

Bottom line: For more than five years over two Administrations on a number of charges, EOIR has been attempting to wrongfully deport this individual. This falls below the “minimum level of competence” that should be expected of an “expert tribunal” that is nothing other than a deportation factory with a fancy title. And, let’s remember that the 8th Circuit, out in the middle of “America’s Heartland,” is hardly the 9th Circuit, the 7th Circuit, or even the 4th Circuit, all of which have been much more openly critical of the BIA’s lousy performance.

The cost of “deportation at any cost” is too high for America! Whatever happened to due process, fundamental fairness, and impartial judging? Gone by the wayside! No wonder this unfair and dysfunctional system is running a largely self-inflicted backlog of more than 1.4 million known cases and “who knows how many” that are lost or otherwise “off-docket” in the EOIR morass of biased judging and gross mismanagement.

When will it end? How many will be wrongfully deported or die because one of American’s largest “court” systems (that isn’t’ a “court” at all) is allowed to continue to operate far below minimum levels of constitutionality and competence?

Due Process Forever!

PWS

06-29-30

U.S. JUDGE ORDERS RELEASES FROM TRUMP’S KIDDIE GULAG☠️🤮🏴‍☠️ — Trump/Miller Child Abuse Derailed — “Perps” Remain At Large!

Federal Judge Orders U.S. To Release Migrant Children During Pandemic

Children held for more than 20 days at certain ICE-run detention centers should be released, decided a U.S. District Judge.

 

HOUSTON (AP) — A federal judge on Friday ordered the release of children held with their parents in U.S. immigration jails and denounced the Trump administration’s prolonged detention of families during the coronavirus pandemic.

U.S. District Judge Dolly Gee’s order applies to children held for more than 20 days at three family detention centers in Texas and Pennsylvania operated by U.S. Immigration and Customs Enforcement. Some have been detained since last year.

Citing the recent spread of the virus in two of the three facilities, Gee set a deadline of July 17 for children to either be released with their parents or sent to family sponsors.

The family detention centers “are ‘on fire’ and there is no more time for half measures,” she wrote.

In May, ICE said it was detaining 184 children at the three detention centers, which are separate from U.S. Department of Health and Human Services facilities for unaccompanied children that were holding around 1,000 children in early June. The numbers in both systems have fallen significantly since earlier in the Trump administration because the U.S. is expelling most people trying to cross the border or requiring them to wait for their immigration cases in Mexico.

Gee oversees a long-running court settlement governing the U.S. government’s treatment of immigrant children known as the Flores agreement. Her order does not directly apply to the parents detained with their children.

But most parents last month refused to designate a sponsor when ICE officials unexpectedly asked them who could take their children if the adults remained detained, according to lawyers for the families. The agency said then it was conducting a “routine parole review consistent with the law” and Gee’s previous orders.

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

Read the rest of the story at the link.

The bad news: The evil masterminds of these “crimes against humanity,” Trump, Miller, Sessions, Barr, Wolf, and a host of other dangerous child abusers remain at large. Most are still on the Federal payroll and one actually has the audacity to run for a public office for which he is totally unqualified. Hopefully, they will be made to answer for their crimes at some later point in time.

PWS

08-26-20

LAW YOU CAN UNDERSTAND: Forget The 55 Pages of Butt-Covering BS & Turgid Legal Gobbledegook 🤮 From 7 Supremes Who Don’t Believe in Constitutional Due Process or Racial Equality in America 🏴‍☠️☠️  — Nicole Narea @ Vox Explains in A Few Cogent Paragraphs How 7 Tone-Deaf & Complicit Justices Have Put All Americans of Color Directly in The Crosshairs of Trump’s DHS Enforcement👎🏻!

 

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/A-z_VER0yTe–4NlleNgc9g

Nicole writes:

The Supreme Court just issued a ruling with sweeping, immediate implications for the immigration enforcement system, potentially allowing the Trump administration to move forward in deporting tens of thousands of immigrants living in the US with little oversight.

The case, Department of Homeland Security v. Thuraissigiam, concerns immigration officials’ authority to quickly deport migrants who don’t express fear of returning to their home countries, which would make them eligible for asylum. The process, first enacted in 1996 and known as “expedited removal,” takes weeks, rather than the typical years it can take to resolve a full deportation case, and does not involve a hearing before an immigration judge or offer immigrants the right to a lawyer.

In a 7-2 decision, the justices found Thursday that newly arrived immigrants don’t have the right to challenge their expedited removal in federal court, which advocates claim is a necessary check on immigration officials to ensure that migrants with credible asylum claims aren’t erroneously turned away and have access to a full and fair hearing.

Until recently, only a small number of immigrants who had recently arrived in the US could be subjected to expedited removal. But President Donald Trump has sought to vastly expand US Immigration and Customs Enforcement’s power to use expedited removal as a means of deporting any immigrant who has lived in the US for up to two years, potentially affecting an estimated 20,000 people.

Thursday’s decision therefore allows Trump to significantly scale up his immigration enforcement apparatus while going largely unchecked.

“Trump has made it very clear that ICE has the authority to use this process throughout the entire country,” Kari Hong, a professor at Boston College Law School, said. “They could start stopping anyone at anytime on any suspicion that they have committed an immigration violation and deport them. I don’t think it’s unreasonable [to predict] that ICE agents will target dark-skinned individuals.”

. . . .

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

Read the rest of Nicole’s clear and understandable analysis at the link.

Writing ability, intellectual honesty, commitment to Due Process, belief in equal justice for all, opposition to institutional racism, and fidelity to human values, as well as “real life” understanding of what it means to have your life and human dignity ground to mush in Trump’s illegal “deportation machine” obviously are in short supply among today’s Supremes. Disgraceful!

So, according to these seven cloistered dudes, somebody on trial for her or his life, the highest possible stakes in any proceeding in America, civil or criminal, can have her or his fate determined by Trump employees who serve as policeman, prosecutor, judge, jury, and executioner. No access to a “fair and impartial decision-maker” as required by the Constitution. No checks for errors, abuses, or mistakes that could result in a vulnerable individual being sent to face persecution, torture, and/or death in a land they fled because their life was in danger. This notwithstanding that Federal Courts find egregious errors in application of basic legal concepts from Trump’s immigration adjudicators almost every day! This is “due process” because Congress said it was! What complete deadly nonsense and sophistry! Really, how do the purveyors and enablers of such atrocious, disingenuous, and illegal attacks on humanity sleep at night.

Let’s be clear. There is no legitimate purpose in a supposedly independent, life-tenured judiciary without the courage to hold both the Executive and the Congress accountable for equal justice under law as required by our Constitution. If they are going to act like Border Patrol Agents in robes, send them down to the border and let them be part of the killing fields. Got innocent blood on your hands, might as well have it on your robes too! 

The formula is very simple: Better Executive + Better Legislators + Better Judges = Equal Justice For All. The exceptionally poor performance of the Supremes in insuring racial justice in America, indeed their intentional undermining of it in voting rights, civil rights, immigration, and other areas, is a major contributor to the continuing institutional racism that is on the verge of ripping our nation apart. The Supreme’s latest abrogation of the Constitution stokes racial injustice in America and endangers our nation’s security and future.

How many Hispanic American citizens will be illegally “expeditiously removed” to Mexico by DHS Enforcement before the nation wakes up! We need better judges! Judges who will stop intentionally ignoring the clear constitutional requirements for Due Process, Equal Justice, and ending institutionalized racism in America. Judges who will not feign ignorance of the grotesque human suffering they wrongfully enable. Judges who will stand up for the rule of  law against an overtly racist Executive. Judges who will stop enabling, participating in, and encouraging further “crimes against humanity!” 

Also, every Federal Judge should have 1) demonstrated legal and practical knowledge of human rights law and what really happens to individuals in our immigration “justice” system; and 2) a course in writing cogent English and applying simple logic from Nicole. 

This November, vote like your life and the future of our nation depend on it. Because they do!

Due Process Forever! Supremes that don’t believe in equal justice under law, never!

PWS

06-26-20