HISTORY: New Ric Burns/Li-Shin Yu Documentary Film Explores Sordid Side Of Our History: “The Chinese Exclusion Act” — “It was democratic,” explains historian Renqiu Yu in the film. “It was legal. But it was wrong.” — “That’s Why I Become a Lawyer,” Says One U.S. Immigration Judge!

http://caamedia.org/blog/2017/03/13/chinese-exclusion-act-a-new-film-about-a-19th-century-law-with-21st-century-lessons/

Julianne Hing writes in CAAM:

“In the last half of the 19th century, as Reconstruction was collapsing and the country slogged through an economic depression in the 1870s, politicians found easy scapegoats in Chinese immigrants. As a statesman, California Governor Bigler “wrangled a working class white rage at the fact that the Gold Rush had not been a stairway to heaven,” Burns says, “and all this transmogrified into hatred of the ‘other.’” Bigler called Chinese immigrants ignorant about and uninterested in joining American society, and described them as inferior, dishonest, and unassimilable in public addresses.

Passionate anti-Chinese sentiment manifested itself in the passage of punitive local ordinances that sought to criminalize or tax everyday Chinese life. San Francisco’s queue ordinances of the 1870s forbade city prisoners from keeping long braids. Pole ordinances prohibited the use of poles to balance vegetables and other wares; the use of a pole to balance heavy loads was a uniquely Chinese practice. Chinese immigrants were even prohibited from testifying in court against whites.

By the time the Chinese Exclusion Act became the law in 1882, Chinese immigrants were firmly established in the popular imagination as villainous culprits responsible for the country’s every economic woe. The law only codified a seething anti-immigrant sentiment that Americans latched on to. The law made it illegal for Chinese immigrants to come to the U.S., it made it illegal for those who left to re-enter the U.S., and it made it illegal for Chinese nationals to become U.S. citizens. The law was overturned only in the 1940s, and it wasn’t functionally dismantled until 1965 during the Civil Rights era — just 50 years ago.

“It was democratic,” explains historian Renqiu Yu in the film. “It was legal. But it was wrong.” That breach between legality and justice is exactly what Burns and Li-shin Yu sought to explore in their film. “Here’s a story that makes you think about how the way that democracy and jurisprudence work is not equal to justice,” Burns says.

The other chapter of the story of the Chinese Exclusion Act is one of resistance. Li-shin Yu says that in the years of making this film, the stories of resistance stood out to her over and over. “The greatest thing to have learned is that across time, the Chinese were standing up every step of the way,” Yu says.”

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Sadly, some of this sounds all too familiar.  I could just see a racist/white nationalist politician like Rep. Steve King (R-IA) playing the role of Gov. Bigler. It’s important for the rest of us to say “never again.”

PWS

03/14/17

EAST BAY EXPRESS: Are U.S. Immigration Court Hearings For Unrepresented Individuals Unconstitutional? Darwin BondGrahm Seems To Think So — Perhaps Darwin Is Right!

http://www.eastbayexpress.com/oakland/inside-immigration-court-are-deportation-hearings-in-the-bay-area-unconstitutional/Content?oid=5642504

Darwin BondGraham reports in a profile of justice at the U.S. Immigration Court in San Francisco, CA:

“Ilyce Shugall can rattle off a similarly long list of due-process problems. The directing attorney of Community Legal Services in East Palo Alto, Shugall is one of a couple dozen pro-bono lawyers who try to provide counsel to a fraction of the people facing deportation in San Francisco.

“Procedural protections don’t really exist, despite the consequences of banishment,” she said at a recent legal symposium held by the Thelton E. Henderson Center for Social Justice in Berkeley. “There’s no right to an attorney, but the government is represented in every case by an ICE attorney.”

As Shugall sees it, the ICE attorney also has a kind of home-field advantage: Being in the same courtrooms day-in, day-out, allows an attorney to establish better rapport with judges.

And the judges and ICE attorneys all have the same boss: The President of the United States.

The immigration judges are employees of the Executive Office for Immigration Review, which is overseen by the attorney general — they’re not members of the independent judicial branch of government. The ICE attorneys work for the Department of Homeland Security.

Over her career practicing immigration law, Shugall said she’s seen ICE attorneys frequently miss filing deadlines without consequences; file motions on the day of a hearing, preventing review by the defense; and withhold records in a case from the person being targeted for deportation, thereby forcing them to file a burdensome Freedom of Information Act request to get the documents.

She’s also seen extended detention result, countless times, in what Mr. Gonzales apparently did in Judge Murry’s courtroom this past December: Give up on his case and beg to be deported, just to get escape the misery of jail.”

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The full article, which I found through ImmigrationProf Blog, is well worth a read.

I think that the Administration’s ill-advised “pedal to the metal” detention and removal plans, combined with elimination of funding for various Government sponsored outreach, information, and self-help programs is very likely to bring the due process weaknesses of the current U.S. Immigration Court system to a head.

I would not be surprised if a U.S. District Judge somewhere issues a TRO preventing the Government from proceeding in certain types of cases unless the individual is represented. After all, the Government was recently blocked in the 9th Circuit from proceeding against incompetent individuals without establishing some viable system for determining competency and representing those determined to be incompetent.

I also predict that the Administration’s ill-conceived plan to “jack up” detention, particularly by using private facilities which have been determined to have a greater incidence of problematic conditions, is likely to result in major “conditions of detention” litigation and, perhaps, further intervention by the Article III Courts.

Rather than studying the situation and looking for ways to fix our broken immigration justice system so that individuals receive the due process to which they are entitled, the Trump Administration seems determined to make matters worse by turning up the volume. That’s likely to have unhappy consequences not only for the individuals, but also for the Administration.

PWS

03/13/17

 

NEW FROM 4TH CIR: Cantallano-Cruz v. Sessions — 4th Rips BIA’s “Excessively Narrow” & “Shortsighted” Treatment Of “Nexus” Issue In Honduran Family PSG Asylum Case!

http://www.ca4.uscourts.gov/Opinions/Published/152511.P.pdf

“Our decision in Hernandez-Avalos is particularly instructive in the present case. There, the BIA denied asylum to a petitioner who fled El Salvador after gang members threatened to kill her because she prevented her son from joining the gang. 784 F.3d at 946-47. The petitioner had argued that at least one central reason for her persecution was her nuclear family relationship with her son. Id. at 949. The BIA disagreed, holding that she actually was targeted because she did not consent to her son’s criminal activity. Id.

We held that this application of the nexus requirement by the BIA was “excessively narrow,” and explained that there was no meaningful distinction between the existence of a maternal relationship and a mother’s decision to forbid her son from participating in a gang. Id. at 949–50. We held that the record compelled a factual conclusion that the petitioner’s relationship with her son was a central reason for her persecution, because that relationship was the reason “why she, and not another person, was threatened.” Id. at 950.

We likewise conclude in the present case that the BIA and IJ applied an improper and excessively narrow interpretation of the evidence relevant to the statutory nexus requirement. The BIA and IJ shortsightedly focused on Avila’s articulated purpose of preventing Cantillano Cruz from contacting the police, while discounting the very relationship that prompted her to search for her husband, to confront Avila, and to express her intent to contact the police. See Oliva, 807 F.3d at 59-60 (although the applicant’s refusal to pay the gang rent was the “immediate trigger” for an assault, the applicant’s membership in the social group of individuals who left the gang led to threats, and thus the two reasons were linked). The BIA’s and IJ’s focus on the explanation Avila gave for his threats, while failing to consider the intertwined reasons for those threats, manifests a misapplication of the statutory nexus standard.

The full record before us compels a conclusion that Avila’s threats were motivated, in at least one central respect, by Cantillano Cruz’s membership in Martinez’s nuclear family. Although, as the IJ observed, any person interested in Martinez’s disappearance may have confronted Avila concerning Martinez’s whereabouts, this fact does not adequately explain the ongoing threats Avila made against Cantillano Cruz and her children over a period of two years at her home. See Cordova, 759 F.3d at 339-40 (although the applicant was first attacked by the persecutor to force the applicant to join the gang, the BIA failed to consider evidence showing that later attacks were motivated by family ties). Avila persisted in threatening Cantillano Cruz after she promised him that she would not contact the police. Avila placed threatening telephone calls to Cantillano Cruz at her home, the center of life for Martinez and his nuclear family. Also at the Martinez family’s home, Avila and his associates killed the family’s dogs, brandished and fired weapons, and threatened to harm Cantillano Cruz and her children.”

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Read the full opinion at the link.

In too many cases, the BIA appears to strain the law and misconstrue facts to avoid granting protection to deserving applicants from Northern Triangle countries in Central America who clearly face harm upon return. Misapplication of the highly technical concept of “nexus” is a device sometimes used by by the Board and some Immigration Judges to deny claims of vulnerable individuals who could and should be granted protection under U.S. laws.

In doing so, the BIA jettisons the generous spirit of the Supreme Court’s decision in Cardoza-Fonseca and their own precedent decision in Mogharrabi warranting generous treatment of credible asylum seekers in need of protection. Indeed, the BIA often seems more willing to “rote cite” Mogharrabi than to actually follow their own precedent.

The purpose of asylum and other protections laws is to protect individuals facing harm wherever possible, not to find hyper-technical ways to deny or limit protections.

I am pleased that one of the cases cited by the Fourth Circuit is Crespin-Valladares v. Holder, 632 F.3d 117 (4th Cir. 2011). Crespin is one of the “seminal” fourth Circuit cases recognizing family as a “particular social group” for asylum purposes. I had granted the asylum applications in Crespin only to have the BIA reverse those grants after the DHS appealed.  However, upon judicial review, the Fourth Circuit agreed with me and reversed and remanded the case to the BIA.

This case also vividly illustrates the absurdity of forcing individuals to pursue these types of claims in Immigration Court without a lawyer. Even the Immigration Judge and the BIA were confused about the proper standards here!  Fortunately, this individual not only had a lawyer but a good one.

But, how would an unrepresented individual, without English language skills, and perhaps with minimal education, and therefore no ability to access or understand the important and complicated Fourth Circuit precedents showing the BIA and the IJ to be wrong have any legitimate chance of achieving success? Yet, the Administration proposes to race just such individuals through expedited hearings at inconveniently located and often poorly run detention facilities where chances of getting competent legal assistance are minimal.

PWS

03/13/17

IMMIGRATION IMPACT: More Commentary On How The U.S. Immigration Court In Atlanta Mocks The Due Process Mission of EOIR

http://immigrationimpact.com/2017/03/10/atlanta-immigration-court/

Hilda Bonilla writes:

“Observers found that the immigration judges made prejudicial statements, demonstrated a lack of courtesy and professionalism and expressed significant disinterest toward respondents. In one hearing, an attorney argued that his client should be released from detention because he was neither a threat to society nor a flight risk. In rejecting the client’s bond request, the immigration judge reportedly compared an immigrant to a “person coming to your home in a Halloween mask, waving a knife dripping with blood” and asked the attorney if he would let him in.

When the attorney disagreed with this comparison, the immigration judge responded that the “individuals before [him] were economic migrants and that they do not pay taxes.” Another immigration judge reportedly “leaned back in his chair, placed his head in his hands, and closed his eyes” for 23 minutes while the respondent described the murder of her parents and siblings during an asylum hearing.

Other critical problems include disregard for legal arguments, frequent cancellation of hearings at the last minute, lack of individualized consideration of bond requests, and inadequate interpretation services for respondents who do not speak English. The observers also reported that immigration judges often refer to detention centers as “jails” and detainees as “prisoners,” undermining their dignity and humanity and suggesting that the IJs perceive detained immigrants as criminals. Compounding this problem, detained immigrants who appear in immigration court in Atlanta are required to wear jumpsuits and shackles.

Many of these practices stand in stark contrast with the Executive Office of Immigration Reviews’ Ethics and Professionalism Guide for Immigration Judges, which state, among other things, that “an immigration judge… should not, in the performance of official duties, by word or conduct, manifest improper bias or prejudice” and that immigration judge should be “patient, dignified, and courteous, and should act in a professional manner towards all litigants, witnesses, lawyers, and other with whom the immigration judge deals in his or her capacity.”

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“[P]atient, dignified, courteous, . . . professional,” unfortunately does not describe the judges of the U.S. Immigration Court in Atlanta as portrayed in this study and numerous articles from various sources. As I have pointed out before, although the BIA finally did “call out” one Immigration Judge in Atlanta for his outrageous disregard of due process and appropriate judicial conduct in Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015) (denial of due process where IJ tried to bar the testimony of minor respondent by disqualifying him as an expert witness under the Federal Rules of Evidence), the BIA has let this problem fester for far, far too long. Indeed, the indefensible 2% asylum grant rate suggests that the BIA has been derelict in its duty to insure due process, fairness, and compliance with the appropriate, generous legal standards in asylum cases for some time.

Without a more effective effort by the BIA, this problem is unlikely to be solved any time in the near future. While administrative judges at EOIR Headquarters in Falls Church, VA may investigate complaints and correct instances of unprofessional conduct and rudeness, they (quite properly) lack authority to change the decisions in particular cases. Only the BIA, the Attorney General, the Court of Appeals (in this case the 11th Circuit), or the Supreme Court can correct legal errors.

The conduct of the Immigration Judges in Atlanta and some other locations diminishes the efforts of the vast majority of U.S. Immigration Judges, such as my former colleagues in the Arlington Immigration Court, who strive extremely hard to provide due process and impartial judging under extraordinarily difficult circumstances in a system that its not necessarily designed and operated with due process in mind. But, unfair as as the wayward judges might be to their colleagues elsewhere, the real victims of their unprofessional conduct are the individuals who do not receive the fair, courteous, impartial, professional due process adjudications to which they are entitled under our Constitution. And, one has to ask what purpose is served by a “court” which consistently fails to deliver on its one and only mission: guaranteeing fairness and due process for all?

PWS

03/13/17

REUTERS: U.S. Immigration Court’s “Night Court” Plan Shows Why Due Process Is A Mirage In A “Captive” Court System — Will EOIR Cave To Administration’s Move To Put “Due Process Veneer” On Assembly Line Removals!

http://mobile.reuters.com/article/idUSKBN16H030

Julia Edwards Ainsley reports:

“The Department of Justice is deploying 50 judges to immigration detention facilities across the United States, according to two sources and a letter seen by Reuters and sent to judges on Thursday.

The department is also considering asking judges to sit from 6 a.m. to 10 p.m., split between two rotating shifts, to adjudicate more cases, the sources said. A notice about shift times was not included in the letter.

The Justice Department did not respond to a request for comment.”

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Thanks much to Zoe Tillman over at BuzzFeed News for bringing this article to my attention.

“Judges” working “shifts” on the “removal assembly line!” “Come on, man!” A “real” court would be strongly resisting this mockery of justice and due process.

But, because the U.S. Immigration Court is a “wholly owned subsidiary” of the Administration, EOIR leadership will likely “go along to get along” with a transparent scheme to railroad human beings in real danger back to the “death zone” of the Northern Triangle with “rubber stamp” justice. In other words, the Immigration Courts are considered by the Administration and the DOJ to be part of the “enforcement team,” rather than an independent due-process focused judiciary.

Scheduling early in the AM and late at night is likely to make it more difficult to get pro bono lawyers, witnesses, interpreters, etc. It isn’t just judges.

Also, some folks don’t function very well at those hours. Sounds sort of “gulag like” to me.

And, what about court clerks and other support staff? Additionally, by putting courts in out of the way detention locations and scheduling hearings at odd times, DOJ limits transparency. It’s harder for the press and other “outsiders” to observe.

Moreover, what happens to existing dockets of those IJs who “volunteer?” Reassigning 50 currently sitting Immigration Judges to the Southern Border on a rotating basis for one year would require the rescheduling of nearly 40,000 cases from their “home” dockets. Those cases, many already years old, are likely to be sent to the end of the docket, several years out.  This is classic “aimless docket reshuffling” which increases backlogs and inhibits fairness and due process.

Finally, what’s going to happen to a “volunteer” Immigration Judge who takes due process seriously, slows down the cases so individuals can get lawyers, takes time for full presentation of the cases by both sides, and writes carefully reasoned decisions granting asylum or alternative forms of protection.  Chances are they will be considered “unproductive,” “not with the program,” “not carrying their weight,” or “not committed to carrying out the Attorney General’s priorities” (yes, folks, Immigration Judges actually are given “performance ratings,” and one of the elements has to do with supporting “agency priorities”)?  That’s likely to be “career limiting.”

Final question:  How would you like to have your life determined by a judge working (for the “chief prosecutor”) under these conditions?

PWS

03/10/17

 

 

 

TIME: Deportation Can Be a Death Sentence — We Should Be Concerned About “Quick Removal Schemes” By The Administration & Continued Deterioration of Due Process And Fairness For Asylum Seekers – Particularly Those Unrepresented — In U.S. Immigration Court!

http://time.com/4696017/deportation-death-refugees-asylum/

Conchita Cruz and Swapna Reddy, co-founders of the Asylum Seeker Advocacy Project at the Urban Justice Center, write:

“For one immigrant group—asylum seekers already living in the United States—the fear is especially intense: deportation is a death sentence.
While thousands showed up to support refugee families at airports in response to the refugee ban, many Americans do not realize that a different group of refugee families stands to be picked up in raids, detained and wrongfully deported from the United States. These refugees are called “asylum seekers” because they are seeking refugee status from inside the United States instead of abroad.
For many asylum seekers, there is no mechanism to apply for refugee status abroad, which causes them to come to the U.S.-Mexico border and turn themselves in, seeking refuge. Like their counterparts in airports, they have experienced incredible violence in their countries of origin. They have been brutally raped, threatened by gunpoint to join gangs, or witnessed the murder of loved ones.
In response, the Department of Homeland Security (DHS) holds asylum seekers in detention centers for weeks or months until they pass a preliminary interview with an asylum officer. If they secure release, they move in with relatives or friends while remaining in deportation proceedings pending a full asylum trial.
Asylum seekers do not have a right to government-appointed counsel though their lives hang in the balance. Instead, families are forced to navigate the complex immigration system alone in a language they do not understand. Many also suffer from trauma-based disabilities such as post-traumatic stress disorder due to the persecution they experienced in the countries they fled.”

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Perhaps contrary to popular perception, we often return individuals to dangerous and life-threatening situations.  That’s because of the somewhat arcane “nexus” requirement for asylum that only covers persecution because of race, religion, nationality, membership in a particular social group, or political opinion.

By manipulating these definitions, U.S. Government authorities often can deny protection even to individuals who clearly face life-threatening danger upon return.  The Government has worked particularly hard to develop technical legal criteria to disqualify those fleeing danger in the Northern Triangle.

Given the complexity and the highly legalistic nature of the system, competent representation by an attorney is a requirement for due process. For example, according to TRAC, for a sample population of Northern Triangle “women with children,” slightly more than 26% of those with lawyers got favorable decisions from the Immigration Court. Without lawyers, only 1.5% succeeded.

And, if the law were interpreted more reasonably and generously, in accordance with the spirit of asylum protection, I think that a substantial majority of those applying  for asylum from the Northern Triangle would be granted relief. Pressure for more favorable interpretations will not come from unrepresented individuals who can’t speak English, let alone articulate, document, and support sophisticated legal arguments for better interpretations of protection laws.

PWS

03/09/17

 

My Message To Cornell Law — “Fight For Due Process” — Join The “New Due Process Army” — Due Process In Peril At The U.S. Immigration Court!

I spoke to an audience of approximately 120 members of the Cornell University community in Ithaca on Wednesday, March 8, 2017, as part of the Berger International Programs Lecture Series at Cornell Law.  Many thanks to Professor Stephen Yale-Loehr for inviting me.

Read my entire speech

“EXISTENTIALISM AND THE MEANING OF LIFE AT THE U.S. IMMIGRATION COURT – CORNELL LAW VERSION”

here:

EXISTENTIALISM — Cornell — AND THE MEANING OF LIFE AT THE U

Here are a few “Highlights:”

“Sadly, the Immigration Court System is moving further away from that due process vision. Instead, years of neglect, misunderstanding, mismanagement, and misguided priorities imposed by the U.S. Department of Justice have created judicial chaos with an expanding backlog now exceeding an astounding one half million cases and no clear plan for resolving them in the foreseeable future.”

“Nobody has been hit harder by this preventable disaster than asylum seekers, particularly scared women and children fleeing for their lives from the Northern Triangle of Central America. In Immigration Court, notwithstanding the life or death issues at stake, unlike criminal court there is no right to an appointed lawyer.”

“First, and foremost, the Immigration Courts must return to the focus on due process as the one and only mission. The improper use of our due process court system by political officials to advance enforcement priorities and/or send “don’t come” messages to asylum seekers, which are highly ineffective in any event, must end. That’s unlikely to happen under the DOJ – as proved by over three decades of history, particularly recent history.”

“This is hardly “through teamwork and innovation being the world’s best administrative tribunals guaranteeing fairness and due process for all!” These unusually low asylum grant rates are impossible to justify in light of the generous standard for well-founded fear established by the Supreme Court in Cardoza-Fonseca and the BIA in Mogharrabi, and the regulatory presumption of future fear arising out of past persecution that applies in many asylum cases. Yet, the BIA has only recently and fairly timidly addressed the manifest lack of respect for asylum seekers and failure to guarantee fairness and due process for such vulnerable individuals in some cases arising in Atlanta and other courts with unrealistically low grant rates.”

“Over the past 16 years, the BIA’s inability or unwillingness to aggressively stand up for the due process rights of asylum seekers and to enforce the fair and generous standards required by American law have robbed our Immigration Court System of credibility and public support, as well as ruined the lives of many who were denied protection that should have been granted.   We need a BIA which functions like a Federal Appellate Court and whose overriding mission is to ensure that the due process vision of the Immigration Courts becomes a reality rather than an unfulfilled promise.”

“So, do we abandon all hope? No, of course not!   Because there are hundreds of newer lawyers out there who are former Arlington JLCs, interns, my former student, and those who have practiced before the Arlington Immigration Court.”

“They form what I call the “New Due Process Army!” And, while my time on the battlefield is winding down, they are just beginning the fight! They will keep at it for years, decades, or generations — whatever it takes to force the U.S. immigration judicial system to live up to its promise of “guaranteeing fairness and due process for all!”

“Folks, the U.S Immigration Court system is on the verge of collapse. And, there is every reason to believe that the misguided “enforce and detain to the max” policies being pursued by this Administration will drive the Immigration Courts over the edge. When that happens, a large chunk of the entire American justice system and the due process guarantees that make American great and different from most of the rest of the world will go down with it.”

“Now is the time to take a stand for fundamental fairness! Join the New Due Process Army! Due process forever!”

 

PWS

03/10/17

 

 

 

THE HILL: Nolan Rappaport Says New Trump Travel Ban A Slam Dunk Winner In Court! Get Link Here!

http://thehill.com/blogs/pundits-blog/immigration/322720-trumps-travel-ban-legally-sound-defensible-all-the-way-to-the

Nolan writes:

“The Trump administration released Monday a revised version of its immigration Executive Order to address the concerns raised in an appeals court decision, but those criticisms were always fundamentally irrational and not based in the text of the Order.”

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Read Nolan’s complete article in The Hill at link.

As I indicated in my posts yesterday, the new travel ban appears to me just as bogus as the first one. Rather than being designed to solve a real national security problem, it is fear-mongering designed primarily to rev up public opinion, particularly among Trump’s base, against Muslims and refugees, neither of which pose a significant threat to the U.S. at present.

I noted that the Post “Fact-Checker” has already awarded “Three Pinocchios” to the misleading statistics that Secretary Kelly and AG Sessions cited in their “staged dialogue” asking the President to reimpose the travel ban. And, this is from a President and an Administration that already have pretty much zero credibility.

That being said, I don’t necessarily disagree with Nolan’s bottom line that Trump might well win this one if it even gets to the Supremes. This time, following the advice of Government litigators, he has applied the ban prospectively only to those foreign nationals overseas who have not previously been admitted or already documented to enter the U.S. He’s also eliminated the overt mention of religion.

Given that the standard for overseas visa denials is a “facially legitimate and bona fide reason,” the Administration might well be home free. Although the stated rationale might not stand up to a rigorous examination, it is unlikely that the Supremes, or even most lower Federal Courts, view engaging in a testing of the factual basis for this type of order affecting individuals overseas as something that can properly be adjudicated by Article III judges.

See my previous posts here:

http://wp.me/p8eeJm-ry

http://wp.me/p8eeJm-rH

PWS

03/07/17

 

 

 

WashPost: What Cheers A Grumpy Trump? — A Muslim & Refugee Bashing Session With Sessions, Kelly, Bannon & Miller

https://www.washingtonpost.com/politics/inside-trumps-fury-the-president-rages-at-leaks-setbacks-and-accusations/2017/03/05/40713af4-01df-11e7-ad5b-d22680e18d10_story.html?hpid=hp_hp-top-table-main_trumptumult-830pm:homepage/story&utm_term=.89b3d6c4aad2

Philip Rucker, Robert Costa and Ashley Parker report in the Washington Post:

“That night at Mar-a-Lago, Trump had dinner with Sessions, Bannon, Homeland Security Secretary John F. Kelly and White House senior policy adviser Stephen Miller, among others. They tried to put Trump in a better mood by going over their implementation plans for the travel ban, according to a White House official.”

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Kind of sad to see Gen. Kelly go over to the “dark side.” At his confirmation hearings, he actually was one of the few in this Administration to show a nuanced understanding of migration.

But he now seems to have either “bought into” or chosen to “go along to get along” with the fiction that the world’s most vulnerable and needy individuals, refugees, and legal immigrants, most of whom are coming to join family members already admitted to the U.S., are a greater threat to our security than, say, ISIS or disgruntled and/or disturbed native born U.S. citizens walking around with all too readily available military style firearms.

Yes, I suppose that I’d still rather have General Kelly in charge of the DHS than the likely alternatives — unqualified idealogical zealots. But, as time goes on and the problems with the Administration’s nationalistic, unrealistic, and inhumane approach to immigration multiply, Gen. Kelly might find that he will be remembered more for his failure to stand up to guys like Sessions, Bannon, and Miller than his many military achievements. And, that will be an “American Tragedy.”

PWS

03/07/17

 

 

THE ATLANTIC: Our Unhappy Immigration History — President Herbert Hoover’s Anti-Immigrant Policies Resulted In The “Mexican Repatriation” — U.S. Citizens Were The Majority Of Those Illegally Removed!

https://www.theatlantic.com/politics/archive/2017/03/americas-brutal-forgotten-history-of-illegal-deportations/517971/

Alex Wagner writes:

“Back in Hoover’s era, as America hung on the precipice of economic calamity—the Great Depression—the president was under enormous pressure to offer a solution for increasing unemployment, and to devise an emergency plan for the strained social safety net. Though he understood the pressing need to aid a crashing economy, Hoover resisted federal intervention, instead preferring a patchwork of piecemeal solutions, including the targeting of outsiders.
According to former California State Senator Joseph Dunn, who in 2004 began an investigation into the Hoover-era deportations, “the Republicans decided the way they were going to create jobs was by getting rid of anyone with a Mexican-sounding name.”

“Getting rid of” America’s Mexican population was a random, brutal effort. “For participating cities and counties, they would go through public employee rolls and look for Mexican-sounding names and then go and arrest and deport those people,” said Dunn. “And then there was a job opening!”

“We weren’t rounding up people who were Canadian,” he added. “It was an absolutely racially-motivated program to create jobs by getting rid of people.”

Why, specifically, men and women of Mexican heritage? Professor Francisco Balderrama, whose book, A Decade of Betrayal: Mexican Repatriation in the 1930s is the most definitive chronicle of the period (and, not coincidentally, one of the only ones), explained: “Mexican immigration was very recent. It goes back to that saying: Last hired, first fired. The attitude of many industrialists and agriculturalists was reflected in larger cities: A Mexican is a Mexican.” And that included even those citizens of Mexicans descent who were born in the U.S. “That is sort of key in understanding the psychic of the nation,” said Balderrama.

The so-called repatriation effort was, in large part, a misnomer, given the fact that as many as sixty percent of those sent to “home” Mexico were U.S. citizens: American-born children of Mexican-descent who had never before traveled south of the border. (Dunn noted, “I don’t know how you can repatriate someone to a country they’ve not been born or raised in.”)

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Pretty grotesque.  Where’s the apology? Where is the circumspection? Where its the humanity in the Administration’s new “immigrant scapegoating” program?

Thanks much to Nolan Rappaport for bringing this interesting, if disturbing, piece of immigration history to my attention.

PWS

03/06/17

DIFFERING VIEWS OF NEW “TRAVEL BAN” ON CNN: Jeffrey Toobin: It Could Stand Up — Advocates: It Stinks!

 

Jeffrey Toobin writes:

“CNN)For President Trump and his travel ban, the second time may be the charm.

The revised executive order, revealed Monday during a rare joint appearance by three Cabinet members, addresses many of the legal problems that led Trump’s first executive order to be stymied by the courts.
The new order makes plain that holders of green cards and valid visas are now clearly exempt. There is no longer an exception to allow Christian refugees to jump to the head of the line.

The government’s explanation for why it selected the covered countries does not mention religion; rather, the administration says the six countries — down from seven in the previous order — either support terrorism or lack sufficient controls to identify dangerous visitors to the United States. The order also removes Iraq as one of the countries covered by the order.
The courts, which invalidated the original ban, did so, in effect, because they found the order amounted to religious discrimination against Muslims. This new order, unlike the first, makes no mention of the religions of any applicants to come to the United States.
Still, opponents of the order will insist the new rules are merely pretexts — that the new order once again fulfills President Trump’s campaign promise to ban Muslims from entering the United States.”

http://www.cnn.com/2017/03/06/opinions/trump-travel-ban-toobin/index.html

On the other hand,  Lauren Said-Moorhouse reports:

“(CNN)International humanitarian groups have slammed US President Donald Trump’s revised travel ban, which targets six Muslim-majority nations, for sharing many of the same flaws as its predecessor.

Similar to the January order, travel ban 2.0 again prevents citizens from Syria, Iran, Yemen, Libya, Somalia and Sudan from entering the United States for at least 90 days. In this iteration, Iraq is not on the list of barred countries.
The new order, which the Trump administration says is needed to protect the United States from foreign terrorists entering the country, will also suspend the admission of refugees for 120 days and urges US officials to improve vetting procedures for a resettlement program already regarded to be rigorous.
Aid groups, including the International Rescue Committee, or IRC, and Amnesty International USA, quickly condemned the new directive, arguing the ban still does not make the United States any safer.
David Miliband, IRC president and CEO, said in a statement that the revised executive order on immigration “heartlessly targets the most vetted and most vulnerable population to enter the United States.” He added that the new executive order could affect 60,000 people already screened for resettlement in America.

“The ban doesn’t target those who are the greatest security risk, but those least able to advocate for themselves. Instead of making us safer, it serves as a gift for extremists who seek to undermine the United States,” Miliband said.”

http://www.cnn.com/2017/03/06/world/trump-travel-ban-world-reaction/index.html

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PWS

03/06/17

The Optimist, Ruy Teixeira Says That While Trump Will Inflict Some Damage, Liberal Democratic Values Are Destined To Prevail!

https://www.washingtonpost.com/posteverything/wp/2017/03/03/optimistic-leftist/?utm_term=.27be7a4aa301

Ruy Teixeira writes in the Washington Post:

“Public-opinion data is quite clear that the United States has become more, not less, liberal in all these areas over time and that these trends are continuing. Take the standard question about whether immigration levels should increase, decrease or stay the same. The 38 percent of people who say “decrease” is about as low as it ever has been since Gallup started tracking the question in the 1960s. The current number represents a massive drop, of about 30 points, since the early 1990s, when Pat Buchanan first raised his pitchfork high at the Republican National Convention. There has also been a considerable change in views about whether immigration is a good or bad thing for America — and it’s positive, not negative, change, even if one confines the data to white Americans. According to Gallup, the “good thing” response by whites was as low as 51 percent in the early 2000s but has been around 70 percent in the past two years.

Nor has there been any kind of spike in negative racial attitudes in recent years — in fact, according to the University of Chicago’s General Social Survey , such attitudes were far more prevalent in the early 1990s than they are today, including among white Democrats and Republicans. This is true even as perceptions of the quality of race relations have been dimming, thanks primarily to conflict around police shootings and to a tiny minority of genuine haters whose rhetoric and actions have been widely covered. But the underlying trend toward racial liberalism continues.

So the idea that Trump will somehow successfully relitigate the role of immigrants, minorities, gays and women in American society is scary but absurd. He may continue the Republican campaign to restrict voting rights. He may seek to overturn Roe v. Wade (supported by 70 percent of the American public). He may promote prejudice against Muslim Americans. Such actions may in fact be cheered on by his hard-core supporters. But he will ultimately fail, because what he wishes to do is both massively unpopular and runs against the grain of legal precedent and institutional norms.

And he can’t hold back the one true inevitability in demographic change: the replacement of older generations by newer ones. Underappreciated in November’s election was the continuing leftward lean of young voters, once again supporting the Democratic candidate by around 20 points — and with younger millennials, including both college-educated and noncollege whites, even more pro-Democratic than older ones. That is huge. And don’t expect these voters to shift right as they age. Political science research shows that early voting patterns tend to stick.

Another locus of disquiet, if not hysteria, on the left is the environment. But consider this: In 1969, the Cuyahoga River in Cleveland caught fire; in 1979, when Obama was attending college in Los Angeles and remembers constant smog, there were 234 days when the city exceeded federal ozone standards. Our water and air are now orders of magnitude cleaner than they were back then.
Trump will not be able to suddenly wipe out all these gains. Sure, he says he will severely cut environmental regulations, especially ones put in place by Obama; hollow out the EPA; somehow bring back the coal industry; and much more. But saying and doing are two different things. Getting rid of Obama-era rules such as the Clean Power Plan would take years and be challenged by litigation. Reversing the decline of the coal industry is economically impossible. Abolishing the EPA and gutting the clean air and water acts is politically impossible. When the George W. Bush administration tried to eliminate one Clinton-era rule on levels of arsenic in drinking water, it ran into a political buzzsaw and had to retreat.”

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PWS

03/06/17

 

Arlington Immigration Court Report: New — 10 Judges, No Waiting (Well, At Least The First Part Isn’t “Fake News”)

The local AILA Chapter reports that effective on March 6, 2017, the U.S. Immigration Court in Arlington, Virginia will have ten publicly accessible courtrooms, on two floors “up and running.” Here’s the “lineup:”

2nd floor
Courtroom 1 – Judge Robert P. Owens
Courtroom 2 – Judge Thomas G. Snow
Courtroom 3 – Judge Lawrence O. Burman
Courtroom 4 – Judge J. Traci Hong
Courtroom 5 – Judge Rodger C. Harris
Courtroom 6 – Judge John M. Bryant
Courtroom 7 – Judge Quynh V. Bain
Courtroom 8 – Judge Emmett D. Soper

4th floor
Courtroom 15 – Judge Karen D. Stevens
Courtroom 16 – Judge Roxanne C. Hladylowycz

And, there are plans to open the 3rd floor with six new courtrooms and judges in the near future! Combined with the news that the Immigration Court has been exempted from the hiring freeze by AG Jeff Sessions, http://wp.me/p8eeJm-qP that should bring much-needed relief to the conscientious, hard-working judges of Arlington, the local immigration bar, and the Office of Chief Counsel, and the many individuals with cases pending in Arlington. With at least 30,000 cases by last count, help could not come fast enough!

The only question I have: Will progress be derailed by detailing some or all of the Arlington Judges to the Southern Border as part of the Administration’s new immigration enforcement and detention initiative? Only time will tell. Stay tuned.

But, for now, congrats to the Arlington Immigration Court and to EOIR for a job well done and for making needed progress on the due process front!

PWS

03/05/17

REUTERS: Some Good News For The U.S. Immigration Courts: AG Sessions Exempts Immigration Courts From Hiring Freeze!

http://www.reuters.com/article/us-usa-immigration-judges-idUSKBN16A2NI

Mica Rosenberg and Kristina Cooke report:

“President Donald Trump’s federal hiring freeze will not apply to immigration court judges under an exception for positions that are needed for national security and public safety, the Executive Office for Immigration Review told Reuters on Friday.

The Trump administration has called for faster removal of immigrants in the United States illegally, but immigration courts, which rule on asylum applications and deportation appeals, are weighed down by a record backlog of more than 542,000 cases.

On Jan. 23, Trump froze hiring for all federal government positions, except for military personnel and in some other limited circumstances.

New Attorney General Jeff Sessions “determined that Executive Office for Immigration Review (EOIR) positions can continue to be filled,” EOIR spokeswoman Kathryn Mattingly told Reuters in an email response to questions about the freeze.

“As such, EOIR is continuing to advertise and fill positions nationwide for immigration judges and supporting staff,” Mattingly said. The immigration courts are run by the Justice Department, unlike federal courts which are independent.”

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As noted in the article, there are approximately 50 individuals already in the judicial hiring process. It isn’t clear if these individuals will be appointed or whether the Administration will choose instead to start the process over again. As noted in the article, the process, as currently designed and administered, is lengthy, often taking a year or more. Interestingly, that’s probably as long or longer than it takes to get an average Article III judicial appointee through the Senate confirmation process.

PWS

03/04/17

REUTERS EXCLUSIVE: Will Administration’s Next “Border Deterrence” Plan Be To Separate Women & Their Children — Rep. Henry Ceullar (D-TX) Takes A Stand Against Violating Human Rights!

http://www.reuters.com/article/us-usa-immigration-children-idUSKBN16A2ES?utm_source=applenews

Julia Edwards Ainsley reports:

“Women and children crossing together illegally into the United States could be separated by U.S. authorities under a proposal being considered by the Department of Homeland Security, according to three government officials.

Part of the reason for the proposal is to deter mothers from migrating to the United States with their children, said the officials, who have been briefed on the proposal.

The policy shift would allow the government to keep parents in custody while they contest deportation or wait for asylum hearings. Children would be put into protective custody with the Department of Health and Human Services, in the “least restrictive setting” until they can be taken into the care of a U.S. relative or state-sponsored guardian.

Currently, families contesting deportation or applying for asylum are generally released from detention quickly and allowed to remain in the United States until their cases are resolved. A federal appeals court ruling bars prolonged child detention.

President Donald Trump has called for ending “catch and release,” in which migrants who cross illegally are freed to live in the United States while awaiting legal proceedings.

Two of the officials were briefed on the proposal at a Feb. 2 town hall for asylum officers by U.S. Citizenship and Immigration Services asylum chief John Lafferty.

A third DHS official said the department is actively considering separating women from their children but has not made a decision.

HHS and the White House did not respond to requests for comment.”

. . . .

U.S. Representative Henry Cuellar, a Texas Democrat whose district includes about 200 miles (320 km) of the border with Mexico, slammed the proposal. “Bottom line: separating mothers and children is wrong,” he said in a statement.

“That type of thing is where we depart from border security and get into violating human rights,” he said.”

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I agree with Rep. Cuellar. “Refugee deterrence plans” used by past Administrations of both parties involving mass detention and schemes to make things difficult for families have failed and will continue to do so. Desperate people, fleeing for their lives, will do desperate things, including putting up with detention and other inhumane treatment by the U.S.

Undoubtedly, as in the past, some individuals will be pressured by detention and family separation into giving up claims and accepting return. But, overall, most who face the real possibility of death, torture, extortion, and other abuse upon return will “wait the system out” hoping, even when the the evidence might suggest otherwise, that the U.S. will eventually live up to its ideals of fairness, due process and compliance with laws on protection.

Let’s remember that we are talking about scared refugees seeking to exercise their rights under U.S. law, the Geneva Convention on Refugees, and the Convention Against Torture, to apply for protection at the border or in the U.S., and to have those claims fairly and impartially determined.

Rep. Cuellar is someone who has taken the time to understand the problems of children and families in the U.S. Immigration Court system. I know he visited the Arlington Immigration Court on one or more occasions to observe “priority” juvenile hearings. Partially as a result, he became one of the leaders of the successful bipartisan effort to provide additional funding and judicial positions for the Immigration Court. Remarkably, the bulk of those additional positions remained unfilled or “in the pipeline” at the conclusion of the Obama Administration.

Thanks to Nolan Rappaport for sending this in.

PWS

03/04/04