GONZO’S WORLD: WHITE NATIONALIST AG MAKES VICIOUS UNFOUNDED ATTACK ON REFUGEES & THEIR ATTORNEYS THE CENTERPIECE OF HIS SPEECH TO LARGEST CLASS OF INCOMING U.S. IMMIGRATION JUDGES — “Good lawyers using all their talents and skills work every day … like water seeping through an earthen dam to get around the plain words of (immigration law) to advance their clients’ interests.”

Sessions to immigration judges: Immigrants’ attorneys like ‘water seeping’ around law

By Tal Kopan, CNN

Attorney General Jeff Sessions told a new group of immigration judges Monday that it is their job to “restore the rule of law” to the immigration system over the contrary efforts of the lawyers who represent immigrants.

The remarks at the training of the largest-ever class of new immigration judges implied that the judges were on the same team as the Trump administration, and that immigrants and their attorneys were trying to undermine their efforts.

“Good lawyers using all their talents and skills work every day … like water seeping through an earthen dam to get around the plain words of (immigration law) to advance their clients’ interests,” Sessions said, adding the same happens in criminal courts. “And we understand that. Their duty, however, is not uphold the integrity of the act. That’s our duty.”

Sessions noted that “of course” the system “must always respect the rights of aliens” in the courts. But he also warned the judges of “fake claims.”

“Just as we defend immigrant legal rights, we reject unjustified and sometimes fake claims,” Sessions said. “The law is never serviced when deceit is rewarded so that the fundamental principles of the law are defeated.”

The comments came in the context of Sessions’ repeated moves to exert his unique authority over the immigration courts, a separate legal system for immigrants that is entirely run by the Justice Department.

Sessions approves every judge hired and can instruct them on how to interpret law, and thus decide cases, as well as how to manage cases. He has used that authority multiple times in the past year, including issuing a sweeping ruling that will substantially narrow the types of cases that qualify for asylum protections in the US. Those decisions overrode the evolution of years of immigration judges’ and the immigration appellate board’s decisions.

Sessions reminded the new judges of that authority and those decisions in his remarks, saying he believes they are “correct” and “prudent” interpretations of the law that “restores” them to the original intent.

More: http://www.cnn.com/2018/09/10/politics/sessions-immigration-judges/index.html

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Another totally inappropriate and unethical effort by Sessions to insure that migrants, particularly asylum seekers, receive neither fair consideration nor Due Process from U.S. Immigration Judges in connection with their, in many instances, very compelling cases for protection.

Let’s shine a little light of truth on the Sessions’s dark myth-spinning:

  • As recently as 2012, the majority of asylum applicants who received decisions on the merits of their claims in Immigration Court were granted protection;
  • Conditions in most “sending countries” — particularly those in the Northern Triangle —  have gotten worse rather than better;
  • There is no reasonable explanation for the large drop in approvals in recent years other than bias against asylum seekers;
  • Even after Sessions took over, 30% of those who get merits determinations won their cases;
  • The success rate is higher for those released from detention and given fair access to counsel;
  • Most detained migrants, particularly those intentionally detained in substandard conditions in obscure locations, do not have reasonable access to counsel;
  • Most attorneys representing detained asylum seekers serve pro bono or for minimal compensation (particularly in relation to the amount of time and effort required to prepare and present an asylum case in detention);
  • Detention of asylum seekers simply to deter them from coming is illegal;
  • Separation of families is a deterrent is also illegal;
  • Neither detention nor “zero tolerance” prosecutions have been shown to have a material impact on the flow of refugees to our Southern Border;
  • Sessions has provided no evidence of any widespread fraud in asylum applications by refugees from the Northern Triangle;
  • The UN High Commissioner for Refugees (“UNHCR”), the leading interpreter of refugee and asylum protections, has consistently criticized the US’s overly restrictive approach to asylum adjudication;
  • Article III U.S. Courts continue to be critical of both the unlawful policies being promoted by Sessions and the fundamental errors still being made by the BIA and some Immigration Judges in analyzing asylum cases and claims under the Convention Against Torture;
  • According to the US Supreme Court, a chance of harm as low as 10% can satisfy the generous legal standard for asylum;
  • According to the UNHCR, asylum applicants should be given the “benefit of the doubt;”
  • Most of those who fail to get asylum, like the abused woman denied protection by Sessions in Matter of A-B-, face life threatening situations in their home countries — we have merely made a conscious choice not to offer them asylum or some alternative form of life-saving protection.

As Sessions sees that his time as Attorney General will likely come to an end before the end of this year, he is doubling down on his White Nationalist, xenophobic, racist, restrictionist, lawless agenda. He wants to inflict as much damage on migrants, refugees, women, and people of color as he can before being relegated to his former role as a rightist wing-nut. He also seeks to convince the Immigration Judges that they are not independent juridical officials but mere highly paid enforcement agents with an obligation to deport as many folks as possible in support of the President’s agenda.

I do agree with Sessions, however, that the newly-minted Immigration Judges have a tremendously difficult job. If they adopt his philosophy, they are likely to violate their oaths to uphold the Constitution and laws of the US and to wrongly return individuals to death-threatening situations. On the other hand, if they carefully and fairly follow the law and give full consideration to the facts, they will be compelled to grant protection in many cases, thus potentially putting them on EOIR’s “hit list.” (Basically, new US Immigration Judges, even those with many years of civil service, can be “fired at will” by EOIR during their first two years of  “probation” as judges.)

The only solution is an independent Article I Immigration Court that will guarantee that someone as totally unqualified as Sessions can never again impose his personal will and bigoted, anti-Due-Process views on what is supposed to be a fair and impartial court system.

PWS

09-10-18

 

 

 

 

 

MORE BOGUS STUDIES FROM EOIR? – EOIR MOUNTS NEW ATTACK ON DUE PROCESS BY DISSING ITS OWN “LEGAL ORIENTATION PROGRAM” – UNDER PRESSURE FROM SESSIONS & RESTRICTIONISTS, AGENCY DECIDES IT’S CHEAPER AND FASTER TO DEPORT FOLKS IF THEY HAVE NO IDEA WHAT’S HAPPENING!

https://yubanet.com/usa/new-government-study-attempts-to-undermine-legal-orientation-program-for-detained-immigrants/

New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants

Sept. 7, 2018 –

The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted to end the program in April but was forced to reverse that decision after receiving significant bipartisan pushback from Congress.

The LOP, which is managed by the Executive Office for Immigration Review (EOIR) within the Justice Department, offers legal education as well as referrals for free and low-cost legal counsel to noncitizens in immigration detention. The LOP was started in 2003 under President George W. Bush after a pilot study found that the LOP “helped DOJ ensure that all respondents had a clear understanding of their procedural rights, led to cases being completed more quickly, and increased availability of representation [to detainees] with potential meritorious claims to relief.”

While it is not a substitute for legal counsel, the LOP does provide important information to individuals in detention about their rights and the removal process. There have been multiple studies conducted on the LOP by the federal government, nonprofit organizations, and outside third parties that reaffirm its usefulness. Every study has shown the LOP decreases the average length of time a person is in immigration detention, saving the government up to millions of dollars annually.

However, this new study released by DOJ attempts to undermine all previous evaluations of the program.

The study is the first phase of a three-phase review to be completed by the end of October 2018. Among other findings, it alleges that LOP participants spend more time in detention, costing the government more money; that LOP participants are less likely to get attorneys; and that their cases take longer to resolve.

The report presents these findings and overall numbers to show its methodology but unfortunately does not make their underlying data available for analysis.

The Vera Institute of Justice (Vera), the nonprofit organization who contracts with EOIR to run the LOP program, says this new study has “insurmountable methodological flaws in EOIR’s analysis.”

At DOJ’s request, Vera has completed and will submit its own study next week. Vera reports that it has “starkly different findings that prove the efficiencies” of the program—which would be in line with all studies of the LOP conducted over the last 16 years.

Given the Attorney General’s earlier attempts to unilaterally end the LOP, one could assume that the ultimate goal of these government studies is to justify ending the program. When evaluating the program, it will be important for Congress to take a critical look at these new DOJ studies and review them alongside the totality of evidence in support of the program. Without government-provided counsel, LOP is a critical resource for detained immigrants to receive due process in a complex immigration court system.

ImmigrationImpact.com is a project of the American Immigration Council.

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America’s Immigration Courts (run by EOIR in the Department of Justice) are failing: disappearing Due Process, horrible morale, incredible backlogs, little automation, and constant legal errors highlighted by the Article III Federal Courts. The highly acclaimed Legal Orientation Program (“LOP”), which helps detained migrants understand their rights and obtain self-help materials, is one of the few bright spots among the carnage. The LOP actually has strong bipartisan support.

So, why would a failing agency “mess with success?” In April 2018, the Center for Immigration Studies (“CIS”) a radical right-wing restrictionist group with strong ties to Attorney General Jeff Sessions, raised questions about the value of the LOP. In the process, CIS made the absurd suggestion that overwhelmed and stressed out Immigration Judges could better perform the LOP’s functions. I certainly found this untrue.

Not surprisingly, shortly after the CIS article appeared, Sessions pressured EOIR into “suspending” the LOP pending a cost-benefit analysis. Only the bipartisan outrage in Congress forced Sessions to back  down and “temporarily reinstate” the program. Obviously, the pre-ordained decision by Sessions to can the program because it helped migrants and supported Due Process needed some more work.

Now, the EOIR apparatchiks have obliged Sessions by presenting a skewed analysis that conflicts with every other analysis of the LOP. The study also equates shorter hearings and faster deportations of detained individuals, therefore supposedly saving the Government millions of detention dollars, with better results. But, Due Process is supposed to be about fair process, not just results the Government favors.

To give the obvious analogy, I’m sure that the vast majority of criminal defendants are ultimately convicted of something. But, that doesn’t mean that investing in the process of conducting fair trials, rather than racing everyone through the system without a fair chance to put in a defense, is constitutionally permitted.

PWS

09-09-18

 

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Due Process Forever — Jeff Sessions Never!

PWS

09-07-18

GONZO’S WORLD: SESSIONS’S POLICIES INCREDIBLY “JACK UP” THE IMMIGRATION COURT BACKLOG BY NEARLY 40% IN JUST 18 MONTHS! – More Judges = More Backlog Under Sessions! – Cutting Corners, Destroying What’s Working, & “Deep Sixing” Due Process Having Toxic Effect!

HERE’S THE LATEST FROM TRAC:

Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Greetings. As of July 31, 2018, pending cases in Immigration Court nationwide reached nearly three-quarters of a million (746,049 cases). This is a 38 percent increase compared to the 542,411 cases pending at the end of January 2017 when President Trump took office.

All states are witnessing an increase in Immigration Court backlogs. However, ten states account for the vast majority of the backlog. Four out of five pending cases in the country are before immigration judges in these ten states. The state of Maryland leads the pack with the highest rate of increase in pending cases since the beginning of FY 2017. Pending caseloads in Maryland have increased by 96 percent, roughly double its caseload at the beginning of FY 2017. Of the top ten states, courts based in Texas experienced the least amount of growth at 20 percent. See Figure 1.

In absolute terms, California has the largest Immigration Court backlog – 140,676 cases waiting decision, a number that has increased by 48 percent from its FY 2017 pending caseload level.

Courts based in three other states experienced even higher growth rates than in California. Massachusetts’ court backlog grew by 76 percent. The backlog in Georgia grew by 67 percent, while pending cases in Florida grew by 57 percent.

To view further details on each of the top ten states go to:

http://trac.syr.edu/immigration/reports/526/

In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through July 2018. For an index to the full list of TRAC’s immigration tools go to:

http://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563

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

As many of us had predicted, by twisting the law against asylum seekers, rather than letting it develop in a manner that would have correctly resulted in more asylum grants in shorter hearings, Sessions has contributed mightily to the increasing backlog. Also, in his conflicted role as the “de facto head of DHS,” Sessions has all but eliminated prosecutorial discretion (“PD”) at ICE. His actions have also put many properly closed cases that should have remained off docket or with USCIS back on the Immigration Courts’ docket while stripping Immigration Judges of the tools necessary to manage their dockets.

Sessions effectively has taken a sinking ship and punched holes below the waterline to make it sink even faster. And, he has proved that without some type of rational, Due Process reforms leading to an independent Article I Immigration Court, there is no way of getting a handle on the Immigration Courts’ problems while complying with the Constitution.

A system that essentially is being abused and run into the ground by the Government party appearing before it in every single case is doomed to failure. The first step to any successful court system is creating a fair, impartial, and efficient process, including a transparent merit selection system for the judges, that can then be replicated and improved over time under the direction of judges with input from all parties. That first step will never be taken as long as Sessions and the DOJ remain in change.

But, no system will be able to eliminate overnight a backlog resulting from more than a decade of political manipulation and mismanagement by the DOJ under Administrations of both parties. Even though anti-Constitutionalists like Sessions, Trump, and co. want to admit it, the Supreme Court has told us the simple truth that Due Process takes time. There is no “silver bullet” or “one size fits all” formula for achieving it.

PWS

08-30-18

 

JEWISH DELEGATION SHOCKED BY US TREATMENT OF MIGRANTS AT BORDER: “It’s heartbreaking to see the way the United States is treating immigrants. It’s not treating them like human beings.”

https://www.jta.org/2018/08/22/top-headlines/jewish-delegation-witnesses-heartbreaking-situation-at-border-detention-centers-and-courthouse

Josefin Dolsten reports for the Jewish Telegraphic Agency:

(JTA) — A delegation of Jewish leaders from 17 organizations is visiting detention and migrant facilities on the U.S.-Mexico border.

The 27-person delegation visited detention centers in San Diego on Tuesday and is traveling to asylum-seeker shelters in Tijuana, Mexico, on Wednesday.

The trip, which is being organized by the Anti-Defamation League and the Jewish refugee aid group HIAS, includes meetings with American and Mexican government officials, immigration attorneys and humanitarian workers. Among the participants are representatives from three Jewish movements — Reform, Reconstructionist and Conservative — as well as groups such as the American Jewish World Service, the Jewish Council on Public Affairs and J Street. Mark Hetfield, CEO of HIAS, described the visits to detention centers and courthouses where migrants are being tried on charges that they entered the country illegally.

“It’s heartbreaking to see the way the United States is treating immigrants. It’s not treating them like human beings,” he told JTA in a phone interview from Tijuana.

Hetfield, a former immigration lawyer, said members of the delegation witnessed migrants being tried in a court as a group and that some who pleaded guilty to criminal charges lacked proper understanding of the consequences.

“It’s really troubling in terms of the lack of due process and the lack of understanding that people have as they’re going through and pleading guilty to these criminal proceedings,” he said.Nancy Kaufman, CEO of the National Council of Jewish Women, said visiting a detention center for unaccompanied minors, which held children as young as 6 years old, was “eye opening.”

Though she described the shelter as “clean and decent” and the staff as “very caring,” she had concerns about the conditions.

“I asked if they go to school. They have school there, but I don’t know how you have meaningful educational programs for that kind of range of kids,” she said.

Kaufman referenced the Holocaust in speaking about the importance of the trip.

“As Jewish leaders, we need to bear witness. We all committed after the Holocaust to ‘Never again’ — we meant it,” she said. “I think we all live our lives with the belief that every person is made in the image of God, ‘b’tzelem Elohim,’ and should be treated with dignity and respect.”

Jonathan Greenblatt, CEO of ADL, called the trip “a moral imperative” in a statement to JTA.

“In the face of continued harsh policies by the Administration targeting immigrants and asylum seekers, we’re here to learn more about the crisis at the border, listen to the experiences of migrants and asylum seekers escaping violent conditions, and recommit to our advocacy for humane and compassionate immigration policies,” he said.Many Jewish groups have joined progressives and some conservatives in criticizing President Donald Trump’s immigration policies, including his executive orders banning citizens from some Muslim-majority countries from entering the United States and the since-rescinded policy of separating migrant families at the border.

Last week, HIAS organized a letter to Trump urging him to raise the cap on refugees admitted into the country to at least 75,000. The letter was signed by leaders of 36 Jewish groups. Trump set the cap for 2018 at 45,000, a historic low, and is considering a further decrease, The New York Times reported earlier this month.

Many thanks to my good friend and long time colleague, retired Judge Joan Churchill for sending this item my way.
PWS
08-28-18

EXPOSING SESSIONS’S DEADLY DUE PROCESS SCAM: JUDGE SULLIVAN BLOCKS ANOTHER POTENTIAL DEPORTATION TO DEATH AS SESSIONS-LED DOJ ARGUES THAT THE KILLING LINE NOT SUBJECT TO REVIEW — Pro Bono Counsel Jones Day Saves The Day, At Least For Now — “To be blunt, if she’s killed, there’s no remedy, your honor.” She added: “No remedy at all.”

https://www.law.com/nationallawjournal/2018/08/23/judge-who-forced-feds-to-turn-that-plane-around-blocks-another-deportation/?kw=Judge%20Who%20Forced%20Feds%20to%20%27Turn%20That%20Plane%20Around%27%20Blocks%20Another%20Deportation&et=editorial&bu=NationalLawJournal&cn=20180823&src=EMC-Email&pt=NewsroomUpdates&utm_source=newsletter

C. Ryan Barber reports for the National Law Journal:

Judge Who Forced Feds to ‘Turn That Plane Around’ Blocks Another Deportation

U.S. District Judge Emmet Sullivan this month lambasted federal officials for the unauthorized removal of a woman and her daughter while their emergency court challenge was unfolding in Washington, D.C.

Judge Emmet Sullivan of the U.S. District Court for D.C. May 27, 2009. Photo by Diego M. Radzinschi/NATIONAL LAW JOURNAL.

A federal judge on Thursday ordered the Trump administration not to depart a pregnant Honduran woman as she seeks asylum in the United States, two weeks after demanding that the government turn around a plane that had taken a mother and daughter to El Salvador amid their emergency court appeal challenging removal.

U.S. District Judge Emmet Sullivan, of the U.S. District Court for the District of Columbia, granted a temporary stay preventing the Honduran woman’s deportation following a hearing on her challenge to the administration’s decision to make it all but impossible for asylum seekers to gain entry into the United States by citing fears of domestic abuse or gang violence.

In court papers filed earlier this week, the Honduran woman’s lawyers—a team from Jones Day—said she fled her home country “after her partner beat her, raped her, and threatened to kill her and their unborn child.” The woman, suing under the pseudonym “Zelda,” is currently being held at a Texas detention center.

“Zelda is challenging a new policy that unlawfully deprives her of her right to seek humanitarian protection from this escalating pattern of persecution,” the woman’s lawyers wrote in a complaint filed Wednesday. The immigrant is represented pro bono by Jones Day partner Julie McEvoy, associate Courtney Burks and of counsel Erin McGinley.

At Thursday’s court hearing, McGinley said her client’s deportation was imminent absent an order from the judge blocking such a move. “Our concern today,” McGinley said, “is that our client may be deported in a matter of hours.”

U.S. Justice Department lawyers on Wednesday filed papers opposing any temporary stay from deportation. A Justice Department lawyer, Erez Reuveni, argued Thursday that the Honduran woman lacked standing to challenge the Justice Department’s new immigration policy, which makes it harder for immigrants seeking asylum to argue fears of domestic violence and gang violence.

After granting the stay preventing the Honduran woman’s deportation, Sullivan made clear he had not forgotten the events of two weeks ago, when he learned in court that the government had deported a mother and daughter while their emergency challenge to deportation was unfolding.

“Somebody … seeking justice in a United States court is spirited away while her attorneys are arguing for justice for her? It’s outrageous,” Sullivan said at the Aug. 9 hearing. “Turn that plane around and bring those people back to the United States.”

Sullivan on Thursday urged Reuveni to alert immigration authorities to his order. Reuveni said he would inform those authorities, adding that he hoped there would not be a recurrence of the issue that arose two weeks earlier.

“It’s got to be more than hopeful,” Sullivan told Reuveni in court Thursday. Reuveni said he could, in the moment, speak for himself and the Justice Department, but not the Department of Homeland Security, which oversees U.S. Immigration and Customs Enforcement.

“I cannot speak for ICE until I get on the phone with them and say this is what you need to do immediately,” Reuveni said.

Sullivan said he appreciated Reuveni’s “professionalism” and his efforts to “undo the wrong” that had been done to the Salvadoran mother and daughter earlier this month.

The government, after the fact, said it was reviewing removal proceduresin the San Antonio immigration office “to identify gaps in oversight.”

Stressing the need for a stay against Zelda’s deportation, McGinley said at Thursday’s hearing: “To be blunt, if she’s killed, there’s no remedy, your honor.” She added: “No remedy at all.”

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When individuals have access to high quality counsel like Jones Day, the courts pay more attention. That’s why Sessions & co. are working overtime to insure that individuals are hustled though the system without any meaningful access to counsel and, perhaps most outrageously, by excluding counsel from participation in the largely rigged “credible fear review process” before the Immigration Court. This isn’t justice; it isn’t even a parody of justice. It’s something out of a Kafka novel.

No wonder the Sessions-infused DOJ attorneys don’t want any real court to take a look at this abusive and indefensible removal of individuals with serious claims to relief without consideration by a fair and impartial adjudicator operating under the Constitution and our Refugee Act rather than “Sessions’s law.”

Judge Sullivan actually has an opportunity to put an end to this mockery of American justice by halting all removals of asylum seekers until at least a semblance of Due Process is restored to the system. The only question is whether  he will do it! The odds are against it; but, with folks like Jones Day arguing in behalf of the unfairly condemned, the chances of halting the “Sessions Death Train” have never been better!

(Full Disclosure: I am a former partner at Jones Day.  I’ve never been prouder of my former firm’s efforts to protect the American justice system and vindicate the rights of the most vulnerable among us. Congrats and appreciation to Jones Day Managing Partner Steve Brogan, Global Pro Bono Coordinator Laura Tuell, Partner Julie McEvoy, Of Counsel Erin McGinley, and everyone else involved in this amazing and much needed effort!) 

PWS

08-24-18

 

INSIDE THE TRUMP-SESSIONS “NEW AMERICAN GULAG” — “It was a nun who best summed up the experience as we entered the facility one morning. ‘What is happening here,’ she said, ‘makes me question the existence of God.’”

https://www.huffingtonpost.com/entry/family-detention-center-border_us_5b7c2673e4b0a5b1febf3abf

Catherine Powers writes in HuffPost:

In July, I left my wife and two little girls and traveled from Denver to Dilley, Texas, to join a group of volunteers helping migrant women in detention file claims for asylum. I am not a lawyer, but I speak Spanish and have a background in social work. Our task was to help the women prepare for interviews with asylum officers or to prepare requests for new interviews.

The women I worked with at the South Texas Family Residential Center in Dilley had been separated from their children for up to two and a half months because of a policy instituted by the Trump administration in April 2018, under which families were targeted for detention and separation in an attempt to dissuade others from embarking on similar journeys. Although the separations have stopped because of the resulting public outcry, hundreds of families have not been reunited (including more than 20 children under 5), families continue to be detained at higher rates than adults crossing the border alone, and the trauma inflicted on the women and children by our government will have lifelong consequences.

To be clear, this is a policy of deliberately tormenting women and children so that other women and children won’t try to escape life-threatening conditions by coming to the United States for asylum. I joined this effort because I felt compelled to do something to respond to the humanitarian crisis created by unjust policies that serve no purpose other than to punish people for being poor and female ― for having the audacity to be born in a “shithole country” and not stay there.

I traveled with a group of amazing women gathered by Carolina, a powerhouse immigration lawyer and artist from Brooklyn. My fellow volunteers were mostly Latinas or women whose histories connected them deeply to this work. Through this experience, we became a tight-knit community, gathering each night to process our experiences and try to steel ourselves for the next day. Working 12-hour shifts alongside us were two nuns in their late 70s, and it was one of them who best summed up the experience as we entered the facility one morning. “What is happening here,” she said, “makes me question the existence of God.”

It was a nun who best summed up the experience as we entered the facility one morning. ‘What is happening here,’ she said, ‘makes me question the existence of God.’

I am still in awe of the resilience I witnessed. Many of the women I met had gone for more than two weeks without even knowing where their children were. Most had been raped, tormented, threatened or beaten (and in many cases, all of the above) in their countries (predominantly Honduras and Guatemala). They came here seeking refuge from unspeakable horrors, following the internationally recognized process for seeking asylum. For their “crime,” they were incarcerated with hundreds of other women and children in la hielera (“the freezer,” cold concrete cells with no privacy where families sleep on the floor with nothing more than sheets of Mylar to cover them) or la perrera (“the dog kennel,” where people live in chain link cages). Their children were ripped from their arms, they were taunted, kicked, sprayed with water, fed frozen food and denied medical care. Yet the women I encountered were the lucky ones, because they had survived their first test of will in this country.

Woman after woman described the same scene: During their separation from their children ― before they learned of their whereabouts or even whether they were safe ― the women were herded into a room where Immigration and Customs Enforcement officials handed them papers. “Sign this,” they were told, “and you can see your children again.” The papers were legal documents with which the women would be renouncing their claims to asylum and agreeing to self-deport. Those who signed were deported immediately, often without their children. Those who refused to sign were given sham credible-fear interviews (the first step in the asylum process), for which they were not prepared or even informed of asylum criteria.

The women were distraught, not knowing what ICE had done with their children or whether they would see them again. Their interviews were conducted over the phone, with an interpreter also on the line. The asylum officer would ask a series of canned questions, and often the women could reply only, “Where is my child? What have you done with my child?” or would begin to give an answer, only to be cut off midsentence. Not surprisingly, almost all of them got negative results — exactly the outcome this policy was designed to produce. Still, these women persisted.

After a court battle, my clients were reunited with their children and were fortunate enough to have access to free legal representation (many do not) through the CARA Pro Bono Project. The women arrived looking shell-shocked, tired, determined. Some of their children clung to them, afraid to be apart even for a few minutes, making it very hard for the women to recount their experiences, which often included sexual violence, death threats and domestic abuse. Other children stared into space or slept on plastic chairs, exhausted from sleepless nights and nightmares. Still others ran manically around the legal visitation trailer. But some of the children showed incredible resilience, smiling up at us, showing off the few English words they knew, drawing pictures of mountains, rivers, neat little houses. They requested stickers or coloring pages, made bracelets out of paper clips. We were not allowed to give them anything ― no treats or toys or books. We were not allowed to hug the children or their mothers ― not even when they sobbed uncontrollably after sharing the details of their ordeals.

In the midst of this sadness and chaos, the humanity of these women shined through. One of my clients and her son, who had traveled here from Guatemala, took great pleasure in teaching me words in their indigenous language, Mam. She taught me to say “courageous” ― hao-tuitz ― and whenever our work got difficult, we would return to this exhortation. These lessons were a welcome break from reviewing the outline of the experiences that drove them to leave, fleshing it out with details for their interview. They wearied of my pressing them to remember facts I knew the asylum officer would ask about. They wanted only to say that life is very hard for indigenous people, that their knowledge of basic Spanish was not enough to make them equal members of society. Mam is not taught in schools, and almost everyone in Guatemala looks down on those who speak it. They were so happy to have a licenciada (college graduate) interested in learning about their culture. We spent almost an hour finding their rural village on Google Earth, zooming in until we could see pictures of the landscape and the people. As we scrolled through the pictures on the screen, they called out the people by name. “That’s my aunt!” and “There’s my cousin!” There were tears of loss but mostly joy at recognizing and feeling recognized ― seen by the world and not just dismissed as faceless criminals.

A diabetic woman who had not had insulin in over a week dared to ask for medical attention, an infraction for which she was stripped naked and thrown in solitary confinement.

There were stories of the astonishing generosity of people who have so little themselves. One colleague had a client who had been kidnapped with her daughter and another man by a gang while traveling north from Guatemala. The kidnappers told the three to call their families, demanding $2,000 per person to secure their release. The woman was certain she and her daughter were going to die. Her family had sold, mortgaged and borrowed everything they could to pay for their trip. They had never met the man who was kidnapped with them. She watched as he called his family. “They’re asking for $6,000 for my release,” she said he told them. He saved three lives with that phone call. When they got to the U.S.-Mexico border, they went separate ways, and she never saw him again, never knew his last name.

Not everything I heard was so positive. Without exception, the women described cruel and degrading treatment at the hands of ICE officials at the Port Isabel immigrant processing center, near Brownsville, Texas. There was the diabetic woman who had not had insulin in over a week and dared to ask for medical attention, an infraction for which she was stripped naked and thrown in solitary confinement. Women reported being kicked, screamed at, shackled at wrists and ankles and told to run. They described the cold and the humiliation of not having any privacy to use the bathroom for the weeks that they were confined. The children were also kicked, yelled at and sprayed with water by guards, then awoken several times a night, ostensibly so they could be counted.

Worse than the physical conditions were the emotional cruelties inflicted on the families. The separation of women from small children was accomplished by force (pulling the children out of their mothers’ arms) or by deceit (telling the women that their children were being taken to bathe or get medical care). Women were told repeatedly that they would never see their children again, and children were told to stop crying because they would never see their mothers again. After the children were flown secretively across the country, many faced more cruelty. “You’re going to be adopted by an American family,” one girl was told. Some were forced to clean the shelters they were staying in and faced solitary confinement (el poso) if they did not comply. Children were given psychotropic drugs to ameliorate the anxiety and depression they exhibited, without parental permission. One child underwent surgery for appendicitis; he was alone, his cries for his mother were disregarded, and she was not notified until afterward.

The months of limbo in which these women wait to learn their fate borders on psychological torture. Decisions seem arbitrary, and great pains are taken to keep the women, their lawyers and especially the press in the dark about the government’s actions and rationales for decisions. One woman I worked with had been given an ankle bracelet after receiving a positive finding at her credible fear interview. Her asylum officer had determined that she had reason to fear returning to her country and granted her freedom while she pursues legal asylum status. Having cleared this hurdle, she boarded a bus with others to be released, but at the last moment, she was told her ankle bracelet needed a new battery. It was removed, and she was sent instead to a new detention center without explanation. A reporter trying to cover the stories of separated families told me about her attempt to follow a van full of prisoners on their way to be reunited with their children so that she could interview them. First ICE sent two empty decoy vans in different directions, and then it sent a van with the detainees speeding down a highway, running red lights to try to outrun her. Every effort is being made to ensure that the public does not know what is happening.

The accounts of the horrors that women were fleeing are almost too graphic to repeat. Of the many women I spoke to, only one did not report having been raped.

The accounts of the horrors that women were fleeing are almost too graphic to repeat. Of the many women I spoke to, only one did not report having been raped. The sexual assaults the women described often involved multiple perpetrators, the use of objects for penetration and repeated threats, taunting and harassment after the rape. A Mormon woman I worked with could barely choke out the word “rape,” much less tell anyone in her family or community what had happened. Her sweet, quiet daughter knew nothing of the attack or the men who stalked the woman on her way to the store, promising to return. None of the women I spoke with had any faith that the gang-ridden police would or could provide protection, and police reports were met with shaming and threats. Overwhelmingly, the women traveled with their daughters, despite the increased danger for girls on the trip, because the women know what awaits their little girls if they stay behind. Sometimes the rapes and abuse were at the hands of their husbands or partners and to return home would mean certain death. But under the new directives issued by Attorney General Jeff Sessions, domestic violence is no longer a qualifying criterion for asylum.

Two things I experienced during my time in Dilley made the purpose of the detention center crystal clear. The first was an interaction with an employee waiting in line with me Monday morning to pass through the metal detector. I asked if his job was stressful, and he assured me it was not. He traveled 80 minutes each day because this was the best-paid job he could get, and he felt good about what he was doing. “These people are lucky,” he told me, “They get free clothes, free food, free cable TV. I can’t even afford cable TV.” I did not have the presence of mind to ask him if he would give up his freedom for cable. But his answers made clear to me how the economy of this rural part of Texas depends on prisons. The second thing that clarified the role of the detention center was a sign in the legal visitation trailer, next to the desk where a guard sat monitoring the door. The sign read, “Our stock price today,” with a space for someone to post the number each day. The prison is run by a for-profit corporation, earning money for its stockholders from the incarceration of women and children. It is important to note the exorbitant cost of this cruel internment project. ICE puts incarceration costs at $133 per person per night, while the government could monitor them with an ankle bracelet for $10 to $15 a day. We have essentially made a massive transfer of money from taxpayers to holders of stock in private prisons, and the women and children I met are merely collateral damage.

I have been back home for almost a month now. I am finally able to sleep without seeing the faces of my clients in my dreams, reliving their stories in my nightmares. I have never held my family so tight as I did the afternoon I arrived home, standing on the sidewalk in tears with my 7-year-old in my arms. I am in constant contact with the women I volunteered with, sharing news stories about family detention along with highlights of our personal lives. But I am still waiting for the first phone call from a client. I gave each of the women I worked with my number and made them promise to call when they get released. I even told the Mormon woman that I would pray with her. No one has called.

I comb the details of the Dilley Dispatch email, which updates the community of lawyers and volunteers about the tireless work of the on-the-ground team at Dilley. This week the team did 379 intakes with new clients and six with reunified families. There were three deportations ― two that were illegal and one that was reversed by an ACLU lawsuit. Were the deported families ones I worked with? What has become of the Mam-speaking woman and her spunky son, the Mormon woman and her soft-spoken daughter, the budding community organizer who joked about visiting me? Are they safely with relatives in California, North Carolina and Ohio? In each case, I cannot bear to imagine the alternative, the violence and poverty that await them. I have to continue to hope that with the right advocates, some people can still find refuge here, can make a new life ― that our country might live up to its promises.

Catherine Powers is a middle school social studies teacher. She lives in Colorado with her wife and two daughters.

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

Yes, every Administration has used and misused immigration detention to some extent. I’ll have to admit to spending some of my past career defending the Government’s right to detain  migrants.

But, no past Administration has used civil immigration detention with such evil, racist intent to penalize brown-skinned refugees, primarily abused women and children from the Northern Triangle, so that that will not be able to assert their legal and Constitutional rights in America and will never darken our doors again with their pleas for life-saving refuge. And, as Catherine Powers points out, under Trump and Sessions the “credible fear” process has become a total sham.

Let’s face it! Under the current White Nationalist Administration we indeed are in the process of “re-creating 1939” right here in the USA.  If you haven’t already done so, you should check out my recent speech to the International Association of Refugee and Migration Judges entitled  “JUST SAY NO TO 1939: HOW JUDGES CAN SAVE LIVES, UPHOLD THE CONVENTION, AND MAINTAIN INTEGRITY IN THE AGE OF OVERT GOVERNMENTAL BIAS TOWARD REFUGEES AND ASYLUM SEEKERS” http://immigrationcourtside.com/just-say-no-to-1939-how-judges-can-save-lives-uphold-the-convention-and-maintain-integrity-in-the-age-of-overt-governmental-bias-toward-refugees-and-asylum-seekers/

Even in the “Age of Trump & Sessions,’ we still have (at least for now) a Constitution and a democratic process for removing these grotesquely unqualified shams of public officials from office. It starts with removing their GOP enablers in the House and Senate.

Get out the vote in November to oust the GOP and restore humane, Constitutional Government that respects individuals of all races and genders and honors our legal human rights obligations. If decent Americans don’t act now, 1939 might be here before we know it!

Due Process Forever!

PWS

08-24-18

 

INSIDE EOIR: FOIA REVEALS THAT DURING “JUDICIAL TRAINING,” BIA APPELLATE IMMIGRATION JUDGE ROGER PAULEY INSTRUCTED FELLOW JUDGES ON HOW TO FIND INDIVIDUALS REMOVABLE BY AVOIDING THE LAW!

https://www.hoppocklawfirm.com/foia-results-immigration-judges-conference-materials-for-2018/

)

 

Here’s what Attorney Matthew Hoppock, whose firm made the FOIA request, had to say about Judge Pauley’s presentation:

Developments in Criminal Immigration and Bond Law:

Slides – Developments in Criminal Immigration and Bond Law

This presentation is really striking, because Board Member Roger Pauley appears to be instructing the IJs not to apply the “categorical approach” when it doesn’t lead to a “sensible result.” The “categorical approach” is mandatory, and the Supreme Court has repeatedly had to reverse the BIA and instruct them to properly apply it.  So, it’s definitely disheartening to see this is the instruction the IJs received at their conference this summer on how to apply the categorical approach:

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Can’t say this is unprecedented. I can remember being astounded and outraged by some past presentations that essentially focused on “how to find the respondent not credible and have it stand up in court,” “how to deny claims establishing past or future persecution by invoking ‘no-nexus’ grounds,” and “how to find proposed ‘particular social groups non-cognizable’ under the BIA’s three-part test.”

I also remember a BIA Judge essentially telling us to ignore a previous “outside expert” panel that provided evidence that governments in the Northern Triangle were stunningly corrupt, politically beholden to gangs, and totally incapable of protecting the population against targeted gang violence.

Another colleague gave a stunningly tone-deaf presentation in which they referred to OIL and ICE as “us” and the respondents as “them.”

But, presentations like Judge Pauley’s are particularly troubling in the context of a so-called “training conference” where the “keynote speech” by the judges’ titular “boss” Jeff Sessions touted his decision removing asylum protections from battered women, warned judges to follow his precedents, emphasized increasing “volume” as the highest priority, and otherwise notably avoided mentioning the due process rights of respondents, the need to insure protection for asylum seekers, or the obligation to follow decisions of the Article III Courts (the latter has been, and remains, a chronic problem for EOIR).

Many of the Immigration Judges were recently hired, attending their first national conference. What message do you think they got about how to be successful in the “Age of Trump & Sessions?” What message did they get when a vocal minority of their colleagues improperly “cheered” the removal of protections for vulnerable refugee women? How would YOU like to be a foreign national fighting for your life in a system run by Jeff Sessions?

Right on cue, EOIR provides another powerful example of why Professor Maureen Sweeney was right in her recently posted article: the Article III Courts should NOT be giving the BIA or Sessions “Chevron deference.”

PWS

08-23-18

 

 

 

 

JASON DZUBOW @ THE ASYLUMIST: IMMIGRATION PROVOCATEUR STEPHEN MILLER ISN’T A HYPOCRITE – HE’S EXACTLY WHAT HE CLAIMS TO BE: A Xenophobic Bigot!

http://www.asylumist.com/2018/08/20/stephen-miller-is-not-a-hypocrite/

Stephen Miller Is Not a Hypocrite

If you follow the news about immigration, you probably know Stephen Miller. He’s a Senior Policy Advisor to President Trump, and he’s supposedly the nefarious driving force behind many of the Administration’s most vicious anti-immigrant policies.

Last week, Dr. David S. Glosser–Mr. Miller’s uncle and a retired neuropsychologist who volunteers with refugees–penned a powerful article refuting his nephew’s raison d’etre: Stephen Miller Is an Immigration Hypocrite. I Know Because I’m His Uncle. The article discusses the immigration history of Mr. Miller’s family, and points out that the policies espoused by Mr. Miller would have prevented his own ancestors from escaping persecution in Europe. Here’s Dr. Glosser’s money shot:

Trump and my nephew both know their immigrant and refugee roots. Yet, they repeat the insults and false accusations of earlier generations against these refugees to make them seem less than human. Trump publicly parades the grieving families of people hurt or killed by migrants, just as the early Nazis dredged up Jewish criminals to frighten and enrage their political base to justify persecution of all Jews. Almost every American family has an immigration story of its own based on flight from war, poverty, famine, persecution, fear or hopelessness. Most of these immigrants became workers, entrepreneurs, scientists and soldiers of America.

Can you guess which one is Stephen Miller?

It’s a powerful piece, in part because of Dr. Glosser’s relationship to Stephen Miller, and in part due to the juxtaposition of these two men. Dr. Glosser speaks from his personal experience dealing with refugees. He sees the story of his parents and grandparents in the stories of modern-day refugees. He has absorbed the lessons of the past, particular with regard to ethnic and religious demonization. Mr. Miller, on the other hand, seems inured to the suffering of his fellow humans and immune to the lessons of history. I have never heard him articulate a fact-based justification for his cruel policies. But he persists in advocating for those policies nevertheless. Mr. Miller’s background and how it influences (or fails to influence) his thinking are important questions, as is the “grim historical irony” of his views.

Here, however, I want to discuss a different question: Is it accurate to call Mr. Miller and the President hypocrites because their policies would have blocked their own ancestors from immigrating to the United States? A second, perhaps more important question, is this: Why does the first question matter?

A hypocrite is a person who pretends to be something that he is not. It’s an epithet often used for politicians who claim to be virtuous and honest, but who, in reality, are the opposite. The word derives from the Greek “hypokrites,” which means “actor,” and there’s a long and rich history of contempt for hypocritical politicians (Dante, for example, relegates the hypocrites to the eight circle of hell, which is pretty close to the bottom).

I don’t think that Mr. Miller or Mr. Trump are hypocrites simply because their immigration policies would have blocked their own ancestors from coming to the U.S. They may be bigots and bullies, whose policies are based more on falsehood than fact, but that is not hypocrisy. Indeed, Mr. Trump has repeatedly articulated his disdain for Muslims, Mexicans, people from “shit-hole countries,” etc., and so the fact that he enacts policies to exclude such people seems perfectly consistent with his world view. He and Mr. Miller may hold ignorant and racist views, but that does not make them hypocrites.

Why does any of this matter?

Aside from the fact that words should be used properly (or as Inigo Montoya might say, “You keep using that word. I do not think it means what you think it means”), it seems wrong to try to limit what people can do by shaming them as hypocrites based on their ancestry. Is the decedent of slave owners a hypocrite if she supports Affirmative Action? Would a Native American be a hypocrite if he became an immigration lawyer? Is the daughter of a candy store owner acting hypocritically if she becomes a dietician? You get my point. We are who we are because of, and in spite of, our progenitors. But I don’t think we should be condemned for the choices we make that are not consistent with the choices they made.

Further, with regards to a complex topic like immigration policy, labels such as “hypocrite” seem inapplicable and designed to shut down–rather than encourage–discussion. Even a person who personally benefited from U.S. refugee policy, for example, has a right to oppose the admission of additional refugees. Economic and political circumstances change, as does the population of refugees seeking admission to our country. Maybe you support admitting some types of refugees (those like you) and oppose admitting others. Such a position is likely based on ignorance of “the other,” but I don’t think it is necessarily hypocritical.

So condemn Mr. Miller for his bigotry and his lies. Call out the irony of his policies, which would have blocked his own ancestors from finding refuge in our country. But don’t call Stephen Miller a hypocrite. Sadly, he is exactly what he purports to be.

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I personally think that racist, White Nationalist, and White Supremacist, as well as disingenuous are the best terms to describe Miller. And, it’s no coincidence that he once worked for Jeff Sessions.

 

PWS 08-23-18

PROFESSOR MAUREEN SWEENEY ON WHY THE BIA DOESN’T DESERVE “CHEVRON” DEFERENCE – JEFF SESSIONS’S ALL OUT ATTACK ON THE INDEPENDENCE OF THE IMMIGRATION JUDICIARY IS EXHIBIT 1!

http://lawprofessors.typepad.com/immigration/2018/08/immigration-article-of-the-day-enforcingprotection-the-danger-of-chevron-in-refugee-act-cases-by-mau.html

Go on over to ImmigrationProf Blog at the  above link for all of the links necessary to get the abstract as well as the full article. Among the many current and former Immigration Judges quoted or cited in the article are Jeffrey Chase, Ashley Tabaddor, Dana Marks, Lory Rosenberg, Robert Vinikoor, and me. (I’m sure I’m missing some of our other colleagues; it’s a very long article, but well worth the read.)

In an article full of memorable passages, here is one of my favorites:

Full enforcement of the law requires full enforcement of provisions that grant protection as well as provisions that restrict border entry. This is the part of “enforcement” that the Department of Justice is not equipped to fully understand. The agency’s fundamental commitment to controlling unauthorized immigration does not allow it a neutral, open position on asylum questions. The foundational separation and balance of powers concerns at the heart of Chevron require courts to recognize that inherent conflict of interest as a reason Congress is unlikely to have delegated unchecked power on refugee protection to the prosecuting agency. In our constitutional structure, the courts stand as an essential check on the executive power to deport and must provide robust review to fully enforce the congressional mandate to protect refugees. If the courts abdicate this vital function, they will be abdicating their distinctive role in ensuring the full enforcement of all of our immigration law—including those provisions that seek to ensure compliance with our international obligations to protect individuals facing the danger of persecution.

This is a point that my friend and colleague Judge Lory Rosenberg made often during our tenure together on the BIA. All too often, her pleas fell on deaf ears.

The now abandoned pre-2001 “vision statement” of EOIR was “to be the world’s best administrative tribunals, guaranteeing fairness and due process for all.” Nothing in there about “partnering” with DHS to remove more individuals, fulfilling quotas, “sending messages to stay home,” securing the border, jacking up volume, deterring migration, or advancing other politically motivated enforcement goals. Indeed, the proper role of EOIR is to insure fair and impartial adjudication and Due Process for individuals even in the face of constant pressures to “just go along to get along” with a particular Administration’s desires to favor the expedient over the just.

Under all Administrations, the duty to insure Due Process, fairness, full protections, and the granting to benefits to migrants under the law is somewhat shortchanged at EOIR in relation to the pressure to promote Executive enforcement objectives. But, the situation under the xenophobic, disingenuous, self-proclaimed “Immigration Enforcement Czar” Jeff Sessions is a true national disgrace and a blot on our entire legal system. If Congress won’t do its job by removing the Immigration Courts from the DOJ forthwith, the Article III courts must step in, as Maureen suggests.

PWS

08-23-18

JASON JOHNSON @ WASHPOST: YES, TRUMP IS A RACIST, AS ARE MILLER, SESSIONS, BANNON & THE REST OF THE WHITE NATIONALIST CREW — “If you think a racial slur is the only way to determine if the president is racist, you haven’t been paying attention, and you don’t understand what racism is.”

https://www.washingtonpost.com/news/posteverything/wp/2018/08/15/is-trump-a-racist-you-dont-need-an-n-word-tape-to-know/?utm_term=.427cd1460cea

Jason Johnson writes in the Washington Post:

Associate professor at Morgan State University and politics editor for the Root

August 15

Omarosa Manigault Newman — who once declared that “every critic, every detractor will have to bow down to President Trump” — evolved from mentee to frenemy to antagonist before her nonstop media blitz promoting her new post-White House tell-all, during which she’s touted the existence of a recording of Trump using the n-word. It’s all sent the White House scrambling, with the president tweetingMonday that “I don’t have that word in my vocabulary, and never have.” Press secretary Sarah Huckabee Sanders told reporters Tuesday she “can’t guarantee” Americans will never hear audio of Trump using the slur.

It doesn’t matter.

Trump is a racist. That doesn’t hinge on whether he uttered one particular epithet, no matter how ugly it is. It’s about the totality of his presidency, and after 18 months you can see his racial animus throughout his policy initiatives whether you hear it on tape or not.

ADVERTISING

Over the course of his career, well before he took office, Trump’s antipathy toward people of color has been plainly evident. In the ’70s, his real estate company was the subject of a federal investigation that found his employees had secretly marked the paperwork of minority apartment rental applicants with codes such as “C” for “colored.” After black and Latino teenagers were charged with sexually assaulting a white woman in Central Park, he took out full-page ads in New York City newspapers calling for the return of the death penalty. He never backtracked or apologized when the teenagers’ convictions were overturned. He championed birtherism, and wouldn’t disavow the conspiracy theory that President Barack Obama was born in Kenya until the end of his 2016 presidential campaign. As president, he’s targeted African American athletes for criticism, whether it’s ranting, “Get that son of a bitch off the field,” in reference to professional football players silently protesting police brutality or tweeting that:

Calling African American Rep. Maxine Waters (D-Calif.) a “low IQ person” is now a routine bit at his political rallies. He was quoted referring to Haiti, El Salvador and various African nations as “shithole” countries. He announced his campaign in 2015 by referring to Mexican immigrants as “rapists.” Later that year, he called for the United States to implement a “total and complete” Muslim ban.

After taking office, he hired xenophobes such as Stephen Miller — an architect of the ban, whose hostility toward immigrants is so stark, and hypocritical, that his uncle excoriated him this week in an essay for Politico Magazine, writing of Miller and Trump that “they repeat the insults and false accusations of earlier generations against these refugees to make them seem less than human.”

I could go on. The point is that Trump’s view of nonwhites is out in the open. As Slate’s Christina Cauterucci notes, there’s every reason “to believe that an n-word tape wouldn’t torpedo Trump’s presidency”; there’s no indication his supporters “will turn against him because he used a racial slur.” Trump’s words and deeds over time have demonstrated his racism — it doesn’t hinge on being outed, Paula Deen-style, by a tape of him using the word. Racism hardly ever does.

I’m not saying it would be okay for Trump to use any variation of the n-word — in jest, in anger, singing along to the lyrics of a song, with or without the hard “R.” But the feverish speculation about whether he ever deployed the term wrongly implies that a verdict on his racist character turns on its use. What matters more about Trump are the positions he’s taken and the policy choices he’s made that harm communities of color. In his first year as president, Trump evolved from mere interpersonal racist to racist enabler when he proclaimed there were “very fine people, on both sides” when white supremacists and anti-racist protesters converged in Charlottesville last year. Jeff Sessions, a senator from Alabama who, three decades ago, was denieda federal judgeship by the Republican-controlled Senate Judiciary Committee over concerns that he was a racist, was installed by Trump as attorney general.

Since assuming that role, Sessions has worked to undermine consent decrees meant to restrain racially abusive police departments and explicitly articulated the administration’s intent to use family separation to deter immigration. The Department of Education, under Secretary Betsy DeVos, is dismissing hundreds of civil rights complaints, supposedly in the name of efficiency. Trump hired Manigault Newman as a liaison to black constituent groups based on their reality TV relationship and, according to him, her willingness to say “GREAT things” about him, despite almost universal criticism of her appointment and subsequent work by African American Republicans and Democrats.

Being a racist — which entails belief in a fixed racial hierarchy and the power to act upon that belief in commerce, government or social spaces — is not now, and never has been, about one word or one slip of the tongue. It is about the ability of those in power to use public and private resources to enforce a racial hierarchy, whether that means having black people arrested for sitting in Starbucks, refusing to hire or promote qualified black job applicants or staffing a presidential administration with people who tolerate or encourage white nationalists. Trump’s statements and his approach to governance suggest he believes in a set racial hierarchy, and the possible existence of a hyped tape doesn’t change that. So far, and as far as I know, no one’s produced audio of white nationalist participants in last Sunday’s Unite the Right 2 rally in Washington using the n-word. Presumably, by the logic of some Trump defenders, that would mean there’s no proof they’re racist, either.

If American public discourse on race continues to revolve around a game of “gotcha,” with sentiments and smoking guns, divorced from an acknowledgment of how racists use their power, we won’t make any progress, during this administration or any other.

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Johnson states a simple truth that some don’t want to acknowledge. But, racist anti-immigrant, anti-Muslim, anti-refugee, anti-Mexican American, xenophobic “dog whistles” were at the heart of Trump’s campaign and remain at the heart of his policies, particularly on immigration, refugees, and law enforcement.

Does that mean that the majority of Americans who don’t endorse racism don’t need to deal with the fact that Trump is President and that Sessions and Miller are exercising outsized control over our justice system? Or that today’s Trumpist GOP isn’t your grandparents’ GOP (in my case, my parents’ GOP) and, although they might occasionally mutter a few insincere “tisk, tisk’s,” are firmly committed to enabling Trump and his racist policies including, of course, voter disenfranchisement. Of course not. Just think of how African-Americans, Hispanics, and liberals had to deal in practical terms with Southern political power in the age of Jim Crow (which is basically the “Age of Jeff Sessions”).

But, it is essential for us to know and acknowledge who and what we are dealing with and not to let political expediency totally obscure the harsh truth. Trump is a racist. And, that sad but true fact will continue to influence all of his policies for as long as he remains in office. Indeed, “Exhibit 1,” is the failure of the GOP to achieve “no-brainer” Dreamer protection over the last two years and the stubborn insistence of Sessions and others in the GOP to keep tying up our courts with bogus attempts to terminate already limited protections for those who aren’t going anywhere in the first place.

PWS

08-18-18

 

MMM v. SESSIONS – JUDGE SABRAW ISSUES NEW RESTRAINING ORDER AGAINST THE ADMINISTRATION IN THE “CHILD SEPARATION” CASE

Here’s a link to the order:

https://www.dropbox.com/s/btfdy0gdbopasfg/55%20-%202018-08-16%20Order%20Granting%20TRO%20in%20S.D.%20Cal..pdf?dl=0

My “Takeaways:”

  • Due Process protections extend to everyone present in the United States regardless of status;
  • “Expedited Removal” neither automatically trumps Due Process nor automatically complies with Due Process;
  • Even after weeks of litigation, only the courage and determination of Judge Sabraw and the plaintiffs stand between these vulnerable individuals and massive violations of their Constitutional rights to Due Process that the Administration, left to its own devices, would inflict;
  • All in all, it’s a pretty strong indictment of how this Administration is handling  the overall situation surrounding Expedited Removal;
  • It also shows why meaningful review by the Article III Courts of the Constitutional issues involved in Expedited Removal is absolutely essential.

PWS

08-17-18

 

THE HILL: NOLAN SAYS ACLU COULD FORCE TRUMP TO ELIMINATE ASYLUM SYSTEM!

http://thehill.com/opinion/immigration/401633-aclus-lawsuit-may-force-trump-to-stop-granting-asylum-applicationsr

 

Family Pictures

Nolan writes:

. . . .

Sessions is trying to eliminate the need for asylum hearings on applications that are based on improper persecution claims. These meritless cases are contributing to an immigration court backlog crisis. If he is prevented from doing this by issuing precedent decisions to provide guidance on how asylum cases are supposed to be handled, the administration will resort to more extreme measures.

The United States does not have to grant any asylum applications. Asylum is discretionary, and the Supreme Court has held that the president can suspend the entry of aliens into the United States when he finds that their entry “would be detrimental to the interests of the United States.”

 

The court declined to decide whether “some form of inquiry into the persuasiveness of a president’s finding is appropriate.” It seems unlikely, however, that the court would reject a president’s finding that discretionary asylum grants should be suspended until the immigration court backlog crisis is brought under control because allowing the backlog to continue is detrimental to the interests of the United States.

This would not leave asylum seekers without a way to avoid persecution. Withholding of removal is available too and it is mandatory when eligibility has been established. The main difference in eligibility requirements is that asylum just requires a well-founded fear of persecution, and withholding requires the applicant to establish that it is more likely than not that he will be persecuted.

But withholding does not entitle aliens to remain in the United States. It just prevents them from being deported to a country where they will be persecuted

. . . .

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Read Nolan’s complete article at the link.

  • Unlike Nolan, I believe that the ACLU has properly stated a case for jurisdiction under INA 242(e)(3)(A)(ii). Sessions’s decision in Matter of A-B- has the force and effect of a regulation.  Moreover, the DHS implementing instructions give it the status of a “written policy” concerning credible fear and expedited removal. Here’s the complaint in Grace v. Sessionshttps://www.aclu.org/legal-document/grace-v-sessions-complaint
  • Contrary to what Nolan suggests in his article, a petition for review of A-B- is not an adequate remedy for these plaintiffs. First, Matter of A-B-, to my knowledge, is still on remand to the Immigration Judge. Therefore, there is no “final order” for judicial review purposes.
  • Second, Matter of A-B- has never been subject to judicial review in any court. Yet, the plaintiffs in Grace face a likelihood of return to persecution without ever having a chance to challenge A-B- through a petition for review. That’s the result of Sessions’s improperly cutting off access to the Due Process hearing system before an Immigration Judge. If Matter of A-B- is eventually overruled by one or more Courts of Appeals, the respondents will have already been improperly deported to persecution or death.
  • Nolan also uses some of the questionable EOIR statistics that I commented on separately in my preceding post: https://wp.me/p8eeJm-2W2
  • The idea that Trump could essentially repeal the US asylum system on the basis of bogus national security concerns seems preposterous on its face. Yet, in the perverted “Age of Trump,” and given the Supremes’ majority’s spineless performance in Trump v. Hawaii, I suppose anything is posssible.

PWS

08-16-18

 

LA TIMES: SESSIONS PERSECUTES BROWN SKINNED FEMALE REFUGEES — THERE IS NOTHING “EASY” ABOUT BEING AN ABUSED WOMAN OR AN ASYLUM APPLICANT!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=7d04de4c-1e76-4711-9b90-dac191234d79

Jazmine Ulloa reports for the LA Times:

WASHINGTON — Xiomara started dating him when she was 17. He was different then, not yet the man who pushed drugs and ran with a gang. Not the man who she says berated and raped her, who roused her out of bed some mornings only to beat her.

Not the man who choked her with an electrical cord, or put a gun to her head while she screamed, then begged, “Please, please don’t kill me — I love you.”

Fleeing El Salvador with their daughter, then 4, the 23-year-old mother pleaded for help at a port of entry in El Paso on a chilly day in December 2016.

After nearly two years, her petition for asylum remains caught in a backlog of more than 310,000 other claims. But while she has waited for a ruling, her chance of success has plunged.

Atty. Gen. Jeff Sessions in June issued a decision meant to block most victims of domestic abuse and gang violence from winning asylum, saying that “private criminal acts” generally are not grounds to seek refuge in the U.S. Already, that ruling has narrowed the path for legal refuge for tens of thousands of people attempting to flee strife and poverty in El Salvador, Honduras and Guatemala.

“You can tell there is something happening,” said longtime immigration attorney Carlos A. Garcia, who in mid-July spoke to more than 70 women in one cell block at a family detention center in Texas. Most had received denials of their claims that they have what the law deems a “credible fear of persecution.”

“More than I’ve ever seen before,” he said.

In North Carolina, where federal immigration agents sparked criticism last month when they arrested two domestic-violence survivors at a courthouse, some immigration judges are refusing to hear any asylum claims based on allegations of domestic abuse. Other immigration judges are asking for more detailed evidence of abuse at the outset of a case, a problem for victims who often leave their homes with few written records.

Under the Refugee Act of 1980, judges can grant asylum, which allows a person to stay in the U.S. legally, only to people escaping persecution based on religion, race, nationality, political opinion or membership in “a particular social group.”

As drug war violence escalated over the last two decades in Mexico and Central America, fueled by a U.S. demand for drugs and waged by gangs partly grown on American streets, human rights lawyers pushed to have victims of domestic violence or gang crime considered part of such a social group when their governments don’t protect them.

After years of argument, they won a major victory in 2014 when the highest U.S. immigration court, the Board of Immigration Appeals, ruled in favor of a woman from Guatemala who fled a husband who had beaten and raped her with impunity.

Sessions, in June, used his legal authority over the immigration system to reverse that decision, deciding a case brought by a woman identified in court as A.B.

“Asylum was never meant to alleviate all problems — even all serious problems — that people face every day all over the world,” he said, ruling that in most cases asylum should be limited to those who can show they were directly persecuted by the government, not victims of “private violence.”

Immigration advocates reacted with outrage.

Karen Musalo, a co-counsel for A.B. and a professor at the UC Hastings College of Law, called the decision “a return to the dark ages of refugee law,” a move inconsistent with a steadily evolving principle “that women’s rights are human rights.”

Neither the government, nor the police, could help Xiomara in her rural town, where gangs were deeply embedded.

“Are you kidding?” she said, asking to be identified by only her first name out of concern about possible retaliation. “I would go to the police department and wouldn’t come back alive — if I came back at all.”

Within a year of when they started dating, she said, her boyfriend began drinking and doing drugs, making friends with the wrong crowd. He grew meaner, more violent.

One day he put a gun to her head, her asylum claim says. On another evening, on the roof of his home after another fight, she had been weeping in the dark, when she felt a cord tighten around her neck.

“He would have killed me if his family hadn’t appeared,” she said.

Other women offer similar stories.

Candelaria, 49, who also asked that her last name not be used, said she left an abusive husband of 20 years in Honduras after his drinking became more severe. And always the criminal bands of men roamed.

“My children sent me a photo of me in those days, and I look so old, so sad,” said Candelaria, whose asylum case has been pending for four years.

For more than two decades, United Nations officials and human rights lawyers have argued that women victimized by domestic violence in societies where police refuse to help are being persecuted because of their gender and should be treated as refugees entitled to asylum.

But Sessions and other administration officials have a different view, and they have made a broad effort to curb the path to asylum. The number of people entering the U.S. by claiming asylum has risen sharply in recent years, and administration officials have portrayed the process as a “loophole” in the nation’s immigration laws.

In October, Sessions labeled asylum an “easy ticket to illegal entry into the United States” and called on immigration judges to elevate “the threshold standard of proof in credible fear interviews.” In March, he restricted who could be entitled to full hearings. From May to June, federal officials limited asylum seekers from gaining access through ports of entry, with people waiting for weeks at some of the busiest crossings in Southern California.

The government does not keep precise data on how many domestic-violence survivors claim asylum, but figures released last month give a glimpse of the effect that Sessions’ decision has begun to have at one of the earliest stages of the asylum process.

The American Civil Liberties Union on Wednesday filed a lawsuit on behalf of 12 parents and children it says were wrongly found not to have a credible fear of return. U.S. District Judge Emmet G. Sullivan on Thursday stopped the deportation of a mother and her daughter in the case, threatening to hold Sessions in contempt.

For domestic-abuse survivors waiting for hearings, the uncertainty has been excruciating.

Candelaria wants to go home, but her older children back in Honduras tell her to have hope.

“ ‘You’ve endured enough,’ they tell me,” she said.

Xiomara, now 25, won’t have her asylum hearing for another year.

For months, she scraped by on meager wages, baby-sitting and waiting on tables. She was relieved to find a job at a factory that pays $10 an hour.

The American dream is “one big lie,” she now says.

But at least here, she said, she and her daughter are alive.

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People like Xiomara are wonderful folks, genuine refugees, deserving of protection, who will contribute to our country. As my friend and legal scholar Professor Karen Musalo cogently said, Sessions is leading “a return to the dark ages of refugee law,” a move inconsistent with a steadily evolving principle “that women’s rights are human rights.” But, the “New Due Process Army” (Karen is one of the “Commanding Generals”) isn’t going to let him get away with this outrageous attack on human rights, women’s rights, and human decency.

Due Process Forever, Jeff Sessions Never!

PWS

08-13-18

 

 

 

 

 

 

 

 

 

 

 

LA TIMES: FAILURE IN A NUTSHELL: HOW THE TRUMP/SESSIONS/MILLER/ WHITE NATIONALIST IMMIGRATION AGENDA HAS BEEN A DISASTER FOR AMERICA IN EVERY WAY! — GOP Congress Shares Blame For This Mess!

It’s been six weeks since a federal judge ordered the Trump administration to fix the crisis it created when it separated more than 2,500 children from their parents under a heartless policy designed to deter desperate families from entering the United States illegally. But the job of reunification still isn’t done, in part because the government failed to devise a system to track the separated families.

Some 400 parents reportedly have already been deported without their children, and the government apparently has no idea how to reach them. It’s a colossal snafu that is as appalling as it is inexplicable. Among the many inhumane immigration enforcement policies adopted in the first two years of the Trump reign, history may well regard this bit of idiocy as the worst.

Or perhaps not; the competition hasn’t closed yet. In fact, the Pentagon is working on plans, at Trump’s direction, to house 20,000 detained immigrants — including children this time — in secured areas of military bases while they await deportation proceedings. Yes, the Obama administration did something similar when it tried to deal with the inflow of unaccompanied minors from Central America. It was a bad idea then, and it’s a bad idea now; kids don’t belong in prisons on military bases. Under a court order, the government cannot hold minors for more than 20 days before releasing them to the custody of their parents, other relatives or vetted guardians.

When it comes to immigration, there has been such a flood of bad policies and ham-handed enforcement acts since Trump took office that it can be hard to keep it all straight.

First there was the ban on travel of people from mostly Muslim countries and then the effort to eliminate protections for so-called Dreamers who have been living in the country illegally since arriving as children. Hard-line Atty. Gen. Jeff Sessions has inserted himself in the immigration court system and overridden previous decisions over who qualifies for asylum; not surprisingly, the number of people granted protection has dropped as a result. President Trump also has throttled the flow of refugees resettled here; last year, for the first time since the passage of the 1980 U.S. Refugee Act, the United States resettled fewer refugees than the rest of the world, a significant step away from what had been an area of global leadership. (Over the last 40 years, the U.S. has been responsible for 75% of the world’s permanently resettled refugees.)

Then there’s this: The White House is reportedly drafting a plan that would allow immigration officials to deny citizenship, green cards and residency visas to immigrants if they or family members have used certain government programs, such as food stamps, the earned income tax credit or Obamacare.

And this: The now largely abandoned“zero tolerance” policy of filing misdemeanor criminal charges against people crossing the border illegally led to a surge of cases in federal court districts along the Southwest border as non-immigration criminal prosecutions plummeted, according to an analysis by the Transactional Records Access Clearinghouse. In fact, non-immigration prosecutions fell from 1,093 (1 in 7 prosecutions) in March to 703 (1 in 17 prosecutions) in June, suggesting that serious crimes are taking a back seat to misdemeanor border crossing.

Meanwhile, a Government Accountability Office report this week questions how U.S. Customs and Border Patrol set priorities in planning where to build Trump’s border wall, and said the agency failed to account for wide variations in terrain in estimating the cost — which means that extending the existing border walls and fences another 722 miles could cost more than the administration’s $18-billion estimate. And while the president crows that the wall will secure the border, it won’t, experts say. People will still find a way around, over or under it. And most drug smuggling already comes hidden in motor vehicles passing through monitored ports of entry. At best, Trump’s wall — if Congress is insane enough to approve funding — would be little more than a symbol of his arrogance, and of this country’s determination to seal itself off from the world.

Trump’s immigration policy has been characterized by unnecessary detention and inadequate monitoring that has allowed for abuses at detention centers — including sexual assaults and forced medication of children. The immigration court system is now overwhelmed by a backlog of 733,000 cases.

In short, it’s been a disaster. And through all of these fiascoes, there have been zero serious efforts in Congress or by the president for comprehensive reform of a system everyone acknowledges is broken.

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Regime change is the only answer, beginning this November and continuing until Trump and his toxically incompetent White Nationalist Cabal are removed from office!

America is a great country that could reach its full potential and regain both economic and moral leadership among the world’s nations. But, it’s never going to happen while the majority of us are being governed by short-sighted, incompetent White Nationalists bent on letting their racist agenda destroy our country. Oh, and they are corrupt grifters too, never a good sign in leadership!

PWS

08-11-18