JUDICIAL MALFEASANCE AT THE HIGHEST LEVELS: FECKLESS FEDERAL COURTS STAND BY & WATCH WHILE TRUMP ADMINISTRATION ORBITS ASYLUM SEEKERS INTO THE VOID — Apparently Both The Law & Human Lives Have Ceased To Have Meaning For Those Blessed With Lifetime Tenure & No Accountability For Human Rights Abuses!

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
BuzzFeed News

https://apple.news/AijtlVW8iRqm87hLGuQq7uA

Hamed Aleaziz reports for BuzzFeed News:

Trump Is Sending Asylum-Seekers To Guatemala. His Administration Privately Admitted It Had No Idea What Would Happen To Them Next.

BuzzFeed News Reporter

A group of Guatemalan migrants deported from the US arrive at the Air Force base in Guatemala City on Sept. 5.

In the final days before launching a controversial plan to send asylum-seekers arriving at the US border to Guatemala, Department of Homeland Security officials were still scrambling to figure out critical details, including how those seeking protection would obtain shelter, food, and access to orientation services, according to government briefing materials obtained by BuzzFeed News.

Despite the questions, the documents indicate that DHS planned to send 12 asylum-seekers on the first flight to Guatemala, a Central American country that has struggled with violent crime, and was tentatively scheduled to depart on Tuesday.

The materials, drawn up last week for newly appointed acting DHS Secretary Chad Wolf, suggest that department officials were trying to finalize key details regarding the implementation of a complicated proposal to send asylum-seekers arriving at the US border to Guatemala as part of a deal similar to a safe third country agreement.

The plan has been highlighted by the Trump administration as a key element in its strategy to deter migration at the border and another method to restrict asylum-seekers from entering the US.

“There is uncertainty as to who will provide orientation services for migrants as well as who will provide shelter, food, transportation, and other care,” read the DHS brief, drafted for Wolf in the run-up to a meeting Friday with Guatemala’s Interior Minister Enrique Degenhart. The implementation plan spelled out that Guatemala would provide the services but recently there had been “confusion” as to whether that would happen, according to the materials.

Wolf was urged to raise the issues with Degenhart in their meeting and clarify the outstanding issues.

“The U.S. needs confirmation from the [Government of Guatemala] that they will provide shelter, transportation, and food,” the briefing materials read. “If not, the U.S. and [Government of Guatemala] need to brainstorm other avenues of assistance.”

It is unclear if the planned flight is still scheduled to take off.

Trump administration officials have said that partnering with countries in Central America ultimately benefits the US by cutting down on the number of asylum-seekers attempting to make the journey to the US. Advocates counter that such agreements place vulnerable populations in countries that lack systems for adequate asylum processing and have high murder rates and rampant crime.

Guatemala is one of the poorest countries in the Western Hemisphere and has the sixth-highest rate of malnutrition in the world. Nearly half of the country suffers from chronic malnutrition, with the prevalence reaching about 70% in some indigenous areas of Guatemala, according to a 2018 report from USAID.

The country has struggled with violence but has seen a drop in murders in recent years, with a homicide rate of 22.4 per 100,000 people. By comparison, the US had a homicide rate of 5.3 per 100,000.

A recent United Nations report also found that about 98% of crimes in Guatemala went unpunished in 2018.

The government posted regulations on Monday that clear the way for asylum officers to begin screening asylum-seekers under the plan. The interim final rule, which takes effect Tuesday, creates a process for asylum-officers to screen migrants thrust into the plan. In short, unless an asylum-seeker can prove it is “more likely than not” that they will be persecuted or tortured in Guatemala, they will be removed to the country to obtain protections there.

Administration officials have previously told congressional staffers that more than 200 individuals had applied for asylum in Guatemala, but only 18 had been processed.

While DHS officials have in the past heralded the involvement of the United Nations High Commissioner for Refugees in helping build up Guatemala’s nascent asylum system, the briefing materials suggest that those efforts have been rocky, at best.

“It is our understanding that for some time now there has been friction between the [Government of Guatemala] and UNHCR regarding UNHCR’s role in the implementation” of the plan, according to the briefs. The UN has told US government officials it would provide orientation services for asylum-seekers who have been sent back to Guatemala.

But Guatemalan officials have told the US that UNHCR would not have access to their “reception centers and asylum programs.”

On Saturday, Reuters reported that US officials said asylum-seekers forced into the plan would not be flown to remote areas of Guatemala, an option the Central American country had proposed.

“All airports are being analyzed,” Degenhart told Reuters. “There are some that’ll qualify but others that won’t.”

The agreement could be one way for the Trump administration to attempt to safeguard a potential court overturn of its policy banning asylum for those who cross through a third country.

While the Supreme Court allowed for the policy to continue while the case continues in a federal appeals court challenge, it’s unclear whether the justices or the federal appellate court will ultimately side with the Trump administration.

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

So, the Supremes and the 9th Circuit are “ruminating” about these issues while folks are dying or being sent off to oblivion by an Administration notorious for its operational incompetence and its bad faith approach to immigration and asylum laws. How is that a “Safe Third Country” or a “right to apply for asylum regardless of status?” How is that performing the judicial duties for which they supposedly are being paid?

Meanwhile, corrupt immoral Administration officials are out there touting these programs as “deterrents” — not a means of fair adjudication or actual protection under our laws and international Conventions. So, why are Federal Appellate Judges and Supreme Court Justices so oblivious to truth? 

Hopefully, law schools are bringing up a new generation of lawyers that pay more attention to ethics, take the time to understand the human side of the law, and who will be courageous enough to stand up for individuals’ human rights against Government overreach. Obviously, too many of the preceding generations of “lawyers turned appellate judges” flunked on all counts.

Maybe a period of time representing migrants pro bono should be an absolute requirement for future Federal Judicial appointments. No matter how you look at it, we’re experiencing an institutional meltdown in the Federal Appellate Judiciary that, when combined with a lawless authoritarian Administration run wild, is endangering both our country and humanity.

PWS

11-19-19

THE  9th CIRCUIT’S DESCENT INTO THE LEGAL AND MORAL ABYSS OF TRUMPISM: With Court’s Aid, Trump Administration Helps Smugglers, Kidnappers, & Extorters in Mexico Target Hapless Asylum Seekers! – Can We As A Nation Get Any More Cowardly & Immoral? – This Is What Intellectually Corrupt Federal Judges Are Doing For Their Paychecks While The Innocent Suffer: “Kidnapped migrants generally were told they could avoid being killed by either paying ransom or working for the cartel.”

Maria Verza
Maria Verza
Journalist
Associated Press

 

https://apple.news/A0kbZvXqkS_GkfZ67SldXDA

 

Maria Verza reports for the Associated Press:

 

 

Migrants stuck in lawless limbo within sight of America

The gangsters trawling Nuevo Laredo know just what they’re looking for: men and women missing their shoelaces.

Those are migrants who made it to the United States to ask for asylum, only to be taken into custody and stripped of their laces — to keep them from hurting themselves. And then they were thrust into danger, sent back to the lawless border state of Tamaulipas.

In years past, migrants moved quickly through this violent territory on their way to the United States. Now, due to Trump administration policies, they remain there for weeks and sometimes months as they await their U.S. court dates, often in the hands of the gangsters who hold the area in a vise-like grip.

Here, migrants in limbo are prey, and a boon to smugglers.

———

This story is part of an occasional series, “Outsourcing Migrants,” produced with the support of the Pulitzer Center on Crisis Reporting.

———

They recount harrowing stories of robbery, extortion by criminals and crooked officials, and kidnappings by competing cartels. They tell of being captured by armed bandits who demand a ransom: They can pay for illegal passage to the border, or merely for their freedom, but either way they must pay.

And then they might be nabbed again by another gang. Or, desperate not to return to the homes they fled in the first place, they might willingly pay smugglers again.

That’s what a 32-year-old Honduran accountant was contemplating. She had twice paid coyotes to help her cross into the U.S. only to be returned. Most recently, in September, she was sent back across the bridge from Brownsville to Matamoros.

Now, biding her time with her daughter in the city of Monterrey, she said one thing is for sure: “We are a little gold mine for the criminals.”

———

Tamaulipas used to be a crossroads. Its dangers are well known; the U.S. has warned its citizens to stay away, assigning it the same alert level as war-torn countries such as Afghanistan and Syria.

Whenever possible, migrants heading north immediately crossed the river to Texas or presented themselves at a U.S. port of entry to file an asylum claim, which would allow them to stay in the U.S. while their cases played out.

But the U.S. has set limits on applicants for asylum, slowing the number to a mere trickle, while the policy known colloquially as “Remain in Mexico,” has meant the return of more than 55,000 asylum-seekers to the country while their requests meander through backlogged courts.

The Mexican government is ill-prepared to handle the influx along the border, especially in Tamaulipas, where it has been arranging bus rides south to the relative safety of the northern city of Monterrey or all the way to the Guatemala border, citing security concerns — tacit acknowledgement, some analysts say, of the state of anarchy.

The gangs have adapted quickly to the new reality of masses of vulnerable people parking in the heart of their fiefdom, experts say, treating the travelers, often families with young children, like ATMs, ramping up kidnapping, extortion, and illegal crossings to extract money and fuel their empires.

“There’s probably nothing worse you could do in terms of overall security along the border,” said Jeremy Slack, a geographer at the University of Texas at El Paso who studies the border region, crime and migration in Mexico. “I mean, it really is like the nightmare scenario.”

———

Yohan, a 31-year-old Nicaraguan security guard, trudged back across the border bridge from Laredo, Texas, in July with his wife and two children in tow, clutching a plastic case full of documents including one with a court date to return and make their asylum claim to a U.S. immigration judge two months later.

Penniless, with little more than a cellphone, the family was entering Nuevo Laredo, dominated by the Northeast cartel, a splinter of the brutal and once-powerful Zetas gang.

This is the way he tells the story now, in an interview at a nonprofit in Monterrey that provides the family with shelter and food:

The plan was to call and ask help from the only people they knew in the area — the “coyotes,” or people smugglers, who earlier helped them cross the Rio Grande on an inflatable raft and had treated them well. Only that was in Ciudad Miguel Aleman, about a two-hour drive south parallel to the river.

On their way to the bus station, two strange men stopped Yohan while another group grabbed his loved ones. At least one of them had a gun. They were hustled into a van, relieved of their belongings and told they had a choice: Pay thousands of dollars for their freedom, or for another illegal crossing.

All along the border, there have abuses and crimes against migrants by Mexican organized crime, which has long profited off them. But Tamaulipas is especially troubling. It is both the location of most illegal crossings, and the state where the United States has returned the most asylum seekers — 20,700 through Nuevo Laredo and Matamoros as of early October.

The Mexico City-based Institute for Women in Migration, which tracks kidnappings of migrants and asylum-seekers, has documented 212 abductions in the state from mid-July through Oct. 15. And that’s surely an undercount.

Of the documented kidnappings in Tamaulipas, 197 occurred in Nuevo Laredo, a city of about 500,000 whose international bridges fuel the trade economy.

Yohan’s family was among them.

They had left Esteli in northwestern Nicaragua over three months earlier after armed, government-aligned civilian militias learned that Yohan had witnessed the killing of a government opponent, he said. They followed him and painted death threats on the walls of their home.

He is identified only by his middle name, because he and others quoted in this story fear for their lives and spoke to The Associated Press on condition of anonymity.

Yohan borrowed against his mother’s house to pay smugglers $18,000 for the family’s trip. But he had not bargained on the closed door at the border, or the ordeal in Nuevo Laredo, and his bankroll was depleted.

The men who grabbed the family “told us they were from the cartel, that they were not kidnappers, that their job was to get people across and that they would take us to the smuggler to explain,” Yohan said. Then they connected a cable to his cellphone to download its contents.

Yohan’s first instinct was to give the passphrase that his previous smugglers used to identify “their” migrants. “‘That doesn’t mean anything to us,’ one of them told me,” Yohan said — this lot belonged to a different group.

Gangs in Tamaulipas have fragmented in the last decade and now cartel cells there operate on a franchise model, with contacts across Mexico and Central America, said Guadalupe Correa-Cabrera, a political scientist specializing in organized crime, immigration, border security and human trafficking at George Mason University.

“They are contractors. They provide a service, control the territory, operate safe houses and charge for all that,” she said.

Yohan’s family was held in a series of what appeared to be private homes or offices, along with a family from El Salvador, two Cubans and two Mexicans. Everyone slept on the floor.

One captor, a 16-year-old, told him, “We have 15 smugglers, the cartel brings the people to us here and we take them across paying the cartel for the river crossing.”

The gang had been hiring lately: “Since the United States is deporting so many through here, we are capturing them and that has meant more work,” the teen told him. “We’re saturated.”

Initially the captors demanded $16,000. They gave Yohan and his wife a list of names and accounts; relatives were supposed to deposit $450 into each one without using companies seen as traceable by authorities.

But they were able to scrape together just $3,000, and that angered the gangsters.

“I’m going to give you to the cartel,” one shouted.

Then Yohan’s son came down with the mumps. The family got the captors to provide a bit of extra milk for him in exchange for his daughter’s little gold ring, but the boy wasn’t getting better and they abruptly released the family.

“They told us that the cartel doesn’t allow them to hold sick children,” Yohan said.

This is a matter of business, not humanity: A dead child could bring attention from the media, and then authorities, says George Mason’s Correa-Cabrera.

After 14 days captive and before leaving the safe house, Yohan was given a code phrase: “We already passed through the office, checking.” Only hours later they would need to use it. Arriving at the bus station, a group of strange men tried to grab them. Yohan spoke the six words in Spanish, and they were let go, and they went on to Monterrey.

On Sept. 22, Yohan’s family returned to Nuevo Laredo for their court date, bringing with them a report on the family’s kidnapping. Though U.S. law allows at-risk people to stay, they were sent back to the parking lot of a Mexican immigration facility, surrounded by seedy cantinas and watching eyes.

Mexican authorities organized bus transportation for those who wanted to return to their home countries. The family did not intend to go back to Nicaragua, so they asked the driver to leave them in Monterrey where they would await the next hearing.

After they were under way, the driver demanded $200. They couldn’t pay, so he dumped them about 60 miles (100 kilometers) from the city at 1 a.m., along with four others.

———

Unlike other border cities such as Tijuana or Ciudad Juarez, migrants and asylum seekers are rarely seen on the streets in Nuevo Laredo. Fear keeps them in hiding, and safety isn’t a sure thing even inside shelters. This summer pastor Aarón Méndez was abducted from the shelter he ran. He has not been heard from since.

Nor is it safe on the streets going to and from the station. A couple of months after Méndez disappeared, gunmen intercepted some people who were helping migrants make those trips; those being transported were taken away, and the helpers were told they would be killed if they persisted.

Kennji Kizuka, a researcher for New York-based Human Rights First, told of one woman who crossed into the U.S. for a hearing date, where she had to surrender her phone. While she was incommunicado for hours, calls were placed to relatives in the United States claiming she had been kidnapped and aggressively demanding a ransom.

“It’s clear that they have a very sophisticated system to target people,” Kizuka said.

In another instance, Kizuka said, cartel members were in the Nuevo Laredo office of Mexican migration, openly abducting asylum seekers who had just been sent back from the United States.

One woman hid in the bathroom with her daughter and called a local pastor for help; he tried to drive them away, but they were blocked by cartel members blocks way. The two were taken from the car and held by the gangsters, though they eventually were released unharmed.

A spokesperson for the Mexican foreign affairs secretary declined comment on allegations that Mexico cannot guarantee safety for immigrants returned from U.S.

U.S. Border Patrol officials said recently they are continuing to send asylum seekers back over the border, and that includes Nuevo Laredo. The number of people returned there has been reduced recently, but that was related to a decrease in migrants arriving at the border — and not violence in Tamaulipas.

In an interview, Brian Hastings, Border Patrol chief of law enforcement operations, told AP that officials didn’t see a “threat to that population” in Tamaulipas and “there was basically a small war between the cartel and the state police” there.

But the numbers indicate the danger is real.

As of August, Human Rights First had tabulated 100 violent crimes against returnees. By October, after it rolled out to Tamaulipas, that had more than tripled to 340. Most involved kidnapping and extortion. Kizuka said the danger is even greater than the numbers reflect because they are based solely on accounts his organization or reporters have been able to document.

Of dozens of people interviewed by AP who said they had been victimized in Nuevo Laredo, Reynosa, Matamoros and Monterrey, just one had filed a police report.

Kidnappings of migrants are not a new phenomenon. According to Mexico’s National Human Rights Commission, in just six months in 2009 nearly 10,000 migrants were abducted while passing through the country.

Back then the cartels were splintering amid a government policy targeting their top bosses, leading them to fight among themselves in the people-smuggling business to fill two needs: money and labor. Kidnapped migrants generally were told they could avoid being killed by either paying ransom or working for the cartel.

Tamaulipas became a bloody emblem of the problem in 2010 when 72 migrants were found slain at a ranch in San Fernando, and a year later when the bodies of 193 migrants were found in the same area in clandestine mass graves — apparently murdered by a cartel to damage a rival’s people-smuggling business.

Raymundo Ramos of the Nuevo Laredo Human Rights Committee said gangs today are more interested in squeezing cash from migrants: “They have to recover a lot of the money lost in those wars.”

President Andrés Manuel López Obrador has acknowledged that another massacre or escalation of violence is a major fear and has deployed more than 25,000 troops and National Guard agents to police people-trafficking in border regions and along smuggling routes. But all the accounts of violence in this account took place after that deployment.

———

Reynosa, a factory city of about 650,000, is the largest in Tamaulipas and home to some of the worst drug war violence. It’s also a key part of the migratory route and one of the busiest crossing points along with Ciudad Miguel Aleman.

Disputed by rival gangs, Reynosa has the feel of a place with invisible fences demarcating their territories, and numerous migrants said they had to pay to get past checkpoints at the main entrances to the city.

Lawyer and human rights worker Fortino López Balcázar said the gangs first took control of the river, attacking and beating migrants. Then they started grabbing them from bus stations, and then from the streets.

The airport is also tightly controlled.

A 46-year-old teacher from Havana recalled arriving with her 16-year-old son Aug. 13 by plane from Mexico City with the phone number for a taxi driver, provided by a lawyer who arranged their trip. As they drove into Reynosa, two other taxis cut the vehicle off. Two men got in, took away her cellphone and money and whisked them to a home that was under construction.

The lawyer “sold us out,” the woman said.

That night they were moved to a thicket near the Rio Grande where they were held captive in an outdoor camp for a week with dozens of others. They met another group of Cubans, who were also abducted shortly after flying into Reynosa: Several taxi and vans brazenly intercepted them in broad daylight, bringing traffic to a halt.

“It was as if we were terrorists and the FBI had swooped down on us,” one of the men said. He speculated they may have been betrayed by an airport immigration agent with whom they had argued over their travel documents.

López Obrador’s government has said the National Immigration Institute is one of Mexico’s most corrupt agencies. In early 2019 the institute announced the firing of more than 500 workers nationwide. According to a person with knowledge of the purge, Tamaulipas was one of four states where the most firings took place. Some worked in airports, others in the city of Reynosa.

In February the institute’s deputy delegate to the city was fired and accused of charging detained migrants over $3,000 to avoid deportation. Later new complaints surfaced of people being shaken down for $1,500 to be put at the top of wait lists to present claims in the United States.

At the riverside camp, the Cuban teacher was introduced to its “commander” who demanded “rent” and a fine for not traveling with a guide. The ransom was set at $1,000.

Previously the Cuban woman’s only exposure to the world of organized crime came from movies she watched on the illegal satellite TV hookup that caused her to run afoul of authorities back home. Now, they were witnessing things both terrifying and hard to understand.

There was the time a man tried to suffocate another with a plastic bag, or when the kidnappers, some barely in their teens, beat a “coyote” for working for a rival outfit. From what she was able to understand from the shouting, he had been kidnapped along with clients he was guiding and they wanted him to switch loyalties.

The captors at the thicket referred to themselves as “the corporation,” the teacher said. People came and went, some delivered by men in uniforms who may or may not have been police.

Edith Garrido, a nun who works at the Casa del Migrante shelter in Reynosa, said both crooked officers and criminals dressed as police — known as “black cops” or “the clones” — are mixed up in the racket, making the rounds of safe houses to buy and sell kidnap victims.

“They say ‘give me 10, 15, 25.’ They tell them they are going to take them to a safer place, and they give them to the highest bidder,” Garrido explained. “A migrant is money for them, not a person.”

The captors let the Cubans use their cellphones for a few hours to coordinate ransom payments with relatives, always small amounts to different bank accounts. Weeping, the teacher recalled how her 25-year-old daughter in Cuba had to pawn all her belongings.

After the ransom came through, the captors took her picture and she, her son and another woman were put in a taxi and driven off. The cabbie stopped the car along a highway, took her cellphone and said they could go.

She and her son now await their immigration court date in Reynosa, where she has found temporary construction work to pay for rent and food.

There’s not enough space for everyone at the shelters, so many rent rooms, and that demand has pushed prices up. It can range from $35 per person per month for a spot in a cramped five-person bedroom in a seedy area, to $300-$500 for a more secure home.

But nowhere is truly safe. Last month a family from El Salvador missed their turn to present themselves for U.S. asylum after a shootout erupted in the streets and they were afraid to leave their home.

Garrido said some pay protection fees so they are not bothered in their homes, while others rent directly from the gangs.

“So one way or another,” she said, “they make money.”

———

Associated Press writers Peter Orsi in Mexico City and Colleen Long in Washington contributed to this report.

 

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

Beyond disgusting! Profiles in Judicial and Executive cowardice (not to mention Congressional fecklessness) to be sure!

It all goes back to Innovation Law Lab v. McAleenan and a 9th Circuit panel that spoke legal gibberish rather than courageously standing up to the Trump Administration’s outrageously illegal behavior. Then, the full Ninth Circuit has compounded the problem by “sitting on the case” for months. In the meantime, folks are unnecessarily dying and being victimized by judicial abdication of duty.

 

PWS

11-18-19

 

GREAT MOMENTS IN U.S. HISTORY WITH HEATHER COX RICHARDSON & AL KAMEN: Reliving The “Brooks Brothers Riots” of ‘00! — “Al Gore thought the recount was a high-minded policy debate. He didn’t understand that it was an extension of a war, of a political campaign,” Said Recently Convicted Trumpster Roger Stone!

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College

American Historian Heather Cox Richardson writes in her daily e-mail for today:

A friend read the proofs for me, and asked why I had not mentioned the Brooks Brothers Riot. I had no good answer, so today I went back to the sources.

For those of you who don’t remember everything that happened in those crazy days when we were all trying to figure out what the heck had happened in the 2000 election, the Brooks Brothers Riot was made up of a bunch of Republican operatives, many of whom had flown in from other states, who gathered on November 22, 2000 at the Miami-Dade polling station where Florida officials were attempting to recount the confusing ballots, to insist that the Democrats were trying to steal the election. Their noise and outrage helped to get the recount called off. As I was reading through the articles about the riot, the name Roger Stone jumped out at me. That name meant nothing to me in 2000, but it sure does today.

This is the same Roger Stone who advised the Trump campaign and who has just been convicted for lying to Congress about his connections to Wikileaks before the 2016 election. Wikileaks worked to hurt Democratic presidential nominee Hillary Clinton and promote Donald Trump by dumping emails that Russia had hacked from the Democratic National Committee. Stone is a no-holds-barred political operative who got his start on the 1972 reelection campaign of Richard Nixon, whose face is tattooed on Stone’s back (no, I’m not kidding) and who, after Nixon’s fall, went on to start a political consulting firm with Paul Manafort, Trump’s campaign chairman from June to August 2016 (who is also now a convicted felon), and Lee Atwater, the man behind the viciously racist Willie Horton ad that sank Democratic candidate Michael Dukakis in 1988 (Atwater apologized for his actions as he was dying).

At the time of the Brooks Brother’s Riot, Stone claimed he was there “as a volunteer,” and “knew nothing about the protesters other than the fact I approve of Republicans expressing their First Amendment rights.”

This was a lie. In reality, Stone was a key operative, eavesdropping on the Democratic recount team with a walkie-talkie and determined to undermine the recount to get Bush in office, regardless of the popular vote or the real outcome in Florida. “What I admire about Nixon was his resilience,” he later told a reporter, “It’s attack, attack, attack. Al Gore thought the recount was a high-minded policy debate. He didn’t understand that it was an extension of a war, of a political campaign.”

That comment jumped out to me, just as Stone’s name had. That’s it, isn’t it? While the rest of us believe in the rules of democracy, people like Stone and Manafort see political engagement as a war in which winning is everything. It is worth lying, cheating, and stealing, because the goal is not better government, the goal is to win, and then to use that victory to reward your friends and hurt your enemies. After working for Ronald Reagan, George H. W. Bush, and George W. Bush, Stone and Manafort advised dictators. Then they turned their hands to the Trump campaign. Their approach to politics appears by now to be embedded in today’s Republican Party. Jennifer Rubin, a conservative writer at the Washington Post, had a story today entitled “The Party of Lying Liars,” in which she laid out a litany of Republican whoppers, designed solely to appeal their base and thus stay in office.”

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

Heather’s write-up inspired me to dig a little deeper “into the archives.” Here’s what I found:

A picture of “The Rioters” (note the diversity):

Brooks Brothers Rioters
Brooks Brothers Rioters in Action
2000

 

And a 2005 article by Al Kamen, then with the Washington Post, with a “numbered key” to “to Rioters of note:”

http://www.washingtonpost.com/wp-dyn/articles/A31074-2005Jan23.html

pastedGraphic.png

Miami ‘Riot’ Squad: Where Are They Now?

By Al Kamen

Monday, January 24, 2005; Page A13

As we begin the second Bush administration, let’s take a moment to reflect upon one of the most historic episodes of the 2000 battle for the White House — the now-legendary “Brooks Brothers Riot” at the Miami-Dade County polling headquarters.

This was when dozens of “local protesters,” actually mostly Republican House aides from Washington, chanted “Stop the fraud!” and “Let us in!” when the local election board tried to move the re-counting from an open conference room to a smaller space.

With help from their GOP colleagues and others, we identified some of these Republican heroes of yore in a photo of the event.

Some of those pictured have gone on to other things, including stints at the White House. For example, Matt Schlapp, No. 6, a former House aide and then a Bush campaign aide, has risen to be White House political director. Garry Malphrus, No. 2 in the photo, a former staff director of the Senate Judiciary subcommittee on criminal justice, is now deputy director of the White House Domestic Policy Council. And Rory Cooper, No. 3, who was at the National Republican Congressional Committee, later worked at the White House Homeland Security Council and was seen last week working for the Presidential Inaugural Committee.

Here’s what some of the others went on to do:

No. 1. Tom Pyle, who had worked for Rep. Tom DeLay (R-Tex.), went private sector a few months later, getting a job as director of federal affairs for Koch Industries.

No. 7. Roger Morse, another House aide, moved on to the law and lobbying firm Preston Gates Ellis & Rouvelas Meeds. “I was also privileged to lead a team of Republicans to Florida to help in the recount fight,” he told a legal trade magazine in a 2003 interview.

No. 8. Duane Gibson, an aide on the House Resources Committee, was a solo lobbyist and formerly with the Greenberg Traurig lobby operation. He is now with the Livingston Group as a consultant.

No. 9. Chuck Royal was and still is a legislative assistant to Sen. Jim DeMint (R-S.C.), a former House member.

No. 10. Layna McConkey Peltier, who had been a Senate and House aide and was at Steelman Health Strategies during the effort, is now at Capital Health Group.

(We couldn’t find No. 4, Kevin Smith, a former GOP House aide who later worked with Voter.com, or No. 5, Steven Brophy, a former GOP Senate aide and then at consulting firm KPMG. If you know what they are doing these days, please e-mail shackelford@washpost.comso we can update our records.)

Sources say the “rioters” proudly note their participation on résumés and in interviews. But while the original hardy band of demonstrators numbered barely a couple of dozen, the numbers apparently have grown with the legend.

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

How to build a great GOP resume!

Interestingly, “Rioter # 2,” Garry D. Malphrus (face partially obscured in the photo) went on to become a U.S. Immigration Judge and later an Appellate Immigration Judge on the Board of Immigration Appeals (“BIA”), supposedly the highest administrative tribunal in immigration (although it now functions within the Department of Justice more or less as an extension of DHS Enforcement and Stephen Miller’s White Nationalist, anti-immigrant agenda).

Judge Malphrus was recently named the Acting Chair of the BIA by Billy Barr. Although Barr is a notorious “law enforcement hard liner,” I guess his strong commitment to “law and order” only goes so far. 

Got to focus on the “real threats” to our democracy: the Dreamers and other hard working, law abiding, tax paying long-time American residents who are propping up our society and our economy so that Barr, Stone, Trump, and the former rioters can “live the good life.” And certainly, insuring the death or abuse of as many asylum applicants and kids as possible should be high on the list of worthy expenditures of our taxpayer dollars and moral capital.

The moral: Liberals get in trouble for rioting; conservatives get promoted!

Meanwhile, who knows?  Could the Supremes be the next stop for Judge Malphrus?

PWS

11-18-19 

“LET ‘EM DIE IN MEXICO WATCH” — CRISIS OF CONSCIENCE: U.S. ASYLUM OFFICERS REFUSE TO CARRY OUT ILLEGAL & IMMORAL ANTI-ASYLUM PROGRAM! — “You’re literally sending people back to be raped and killed,” he said. “That’s what this is.”

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times

https://apple.news/ABLpJrjGFTROOJbP0K3fAGg

Molly O’Toole reports in the LA Times:

Asylum officers rebel against Trump policies they say are immoral and illegal

In collaboration with the radio program “This American Life,” the Los Angeles Times takes an exclusive, front-line look at a much-criticized Trump administration policy to restrict asylum — the Migrant Protection Protocols — from the perspective of the asylum officers implementing it. 

It only took Doug Stephens two days to decide: He wasn’t going to implement President Trump’s latest policy to restrict immigration, known as Remain in Mexico. The asylum officer wouldn’t interview any more asylum seekers only to send them back to danger in Mexico.

As a federal employee, refusing to implement the government policy probably meant that he’d be fired, and an end to his career as a public servant. He’d only been assigned five of the interviews so far. But it was five too many — to the trained attorney, the policy officially termed “Migrant Protection Protocols” was not only unethical, it was against the law.

When Stephens told his supervisor in San Francisco his decision, he said he was stunned.

“I told him, ‘You don’t understand. I’m not doing these interviews,’” Stephens said, speaking publicly for the first time in an exclusive interview. “I think they’re illegal. They’re definitely immoral. And I’m not doing them.’”

Stephens is believed to be the first asylum officer to formally refuse to conduct interviews under the program, according to Michael Knowles, a spokesman for the National CIS Council, the union that represents some 13,000 asylum officers and other employees of Citizenship and Immigration Services worldwide.

But he isn’t alone. Across the country, asylum officers are calling in sick, requesting transfers, retiring earlier than planned and quitting, all to resist this and other Trump administration immigration policies that they view as illegal, according to Stephens, as well as other asylum officers and officials.

In a collaboration with the radio program “This American Life,” the Los Angeles Times takes an exclusive, front-line look at one of the Trump administration’s most successful policies to restrict asylum — the Migrant Protection Protocols — from the perspective of the asylum officers forced to implement it.

The asylum officers’ primary job is to make sure that the U.S. government is not returning people to harm in their home countries, a foundational principle in both U.S. and international law. But under MPP, instead of allowing asylum seekers who come to the southern border to wait in the U.S. for their immigration hearings, U.S. officials are forcing them to wait in Mexico.

Since the Trump administration announced the policy in December, U.S. officials have pushed roughly 60,000 asylum seekers back to Mexico, to wait in areas that the U.S. State Department considers some of the most dangerous in the world.

While U.S. officials downplay the danger in Mexico, kidnappings, rape and other violence against asylum seekers under the program are widespread and well documented, according to other officials, advocates, lawyers and academic researchers.

Homeland Security officials concede that the program is designed to discourage asylum claims. The president is running for reelection on renewed promises to limit immigration. Under the policy, only 11 asylum seekers have been granted some kind of relief, according to Syracuse University’s TRAC database. 

The half-dozen asylum officers interviewed by The Times say that in almost every interview they’ve conducted under the policy, the asylum seeker expressed a fear of returning to Mexico — many said they’d been harmed there already. But under the new standards, the officers say they had to return them anyway.

“What’s my moral culpability in that?” said an asylum officer who’s conducted nearly 100 interviews. She requested anonymity because she feared retaliation. “My signature’s on that paperwork. And that’s something now that I live with.”

The asylum officers rebelling against Trump’s immigration policies say they run counter to the laws passed by Congress, as well as their oath to the Constitution and extensive training, which includes how to detect fraud or any potential national security concerns.

Under U.S. law, migrants have the right to request asylum. Some 80% of asylum seekers pass the first step in the lengthy process, an interview with an asylum officer that’s known as a credible-fear screening. Congress set a low standard for the officers to use at this initial stage, to minimize the risk of sending someone back to harm, or even death. But ultimately, only about 15% of applicants win asylum before an immigration judge.

Trump and his top officials use this difference between the percentage of asylum seekers who pass the first step versus the percentage who ultimately win asylum to claim that asylum itself is a “hoax” or “big fat con job.”

Ken Cuccinelli, the acting head of Citizenship and Immigration Services, has publicly criticized the officers, saying they approve too many requests and oppose Trump’s initiatives for partisan reasons. On Wednesday, Cuccinelli was named acting deputy Homeland Security secretary.

Cuccinelli’s spokesperson stopped responding to requests for an interview. But The Times asked Cuccinelli during an October media breakfast about concerns from officers.

“So long as we’re in the position of putting in place what we believe to be legal policies that haven’t been found to be otherwise,” Cuccinelli said, “we fully expect them to implement those faithfully and sincerely and vigorously.”

Citizenship and Immigration Services also declined requests for data on staffing for the Homeland Security agency, and the asylum section specifically, to try to quantify what officers and officials called an “exodus” primarily because of the policy.

In another sign of widespread discomfort among the asylum officers, the union representing them has filed “friend of the court” briefs in lawsuits against the administration, arguing that its immigration policies — including MPP — are illegal.

Last month, the 9th U.S. Circuit Court of Appeals heard arguments in the ongoing litigation against the policy. The panel’s ruling on whether the policy is legal is pending.

When Stephens refused to do the interviews, his supervisors started disciplinary proceedings, issuing him formal warnings, he described at the time. He decided to quit, but not before he sent out a legal memo he’d drafted arguing why the policy violates the law, which he sent to his entire San Francisco office, supervisors, the union and a U.S. senator. He later got his own legal representation, at Government Accountability Project, a nonpartisan nonprofit. 

He says he’s still trying to draw attention to the program, encouraging others to speak out against it. 

“You’re literally sending people back to be raped and killed,” he said. “That’s what this is.”

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

So, what happened to the integrity of 9th Circuit Appellate Judges and Congress? Why are they OK with blatant violations of our laws, our Constitution, and human rights that actually kill people? You could call it “accessory to murder.”

Folks like Doug Stephens, Molly O’Toole, and many other courageous, dedicated members of the “New Due Process Army” are making a public record. While the cowardly abusers might be “getting away with murder” in “real time,” they will eventually be held accountable by history for their illegal, immoral, and unconscionable actions. And, that includes not only the “perpetrators” in the Trump Administration, but also their many disgraceful enablers in the judiciary and Congress. 

Many innocent people might die or be sent to oblivion. But, their bloodstains won’t be washed away, even by time.

PWS

11-16-19

“CONSTITUTIONAL CASTRATION”– CATHERINE RAMPELL @ WASHPOST: HOW THE FECKLESS GOP CONGRESS IS SCREWING THE MOST VULNERABLE AMONG US BY LETTING THE TRUMP ADMINISTRATION TRASH THE IMMIGRATION LAWS AND END-RUN THE CONSTITUTION WITHOUT CONGRESSIONAL PARTICIPATION! – “The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?”

 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

 

https://www.washingtonpost.com/opinions/trump-has-bulldozed-over-congress-on-immigration-will-lawmakers-ever-act/2019/11/14/67401466-0722-11ea-8292-c46ee8cb3dce_story.html

 

Catherine writes @ WashPost:

 

By

Catherine Rampell

Columnist

November 14, 2019 at 7:09 p.m. EST

Republican lawmakers seem to be having self-esteem issues.

The legislature, after all, is an equal branch of government with constitutionally granted powers. Lately, nearly all of those powers have been siphoned off by the president and his team of unelected bureaucrats. Yet, again and again, GOP lawmakers meekly submit to this constitutional castration.

To wit: Congress’s power of the purse? Gone. Regardless of how much money Congress appropriates for, say, a border wall or military aid to Ukraine, President Trump has made clear that he’ll ignore the number and pencil in his own.

Congress’s power to regulate commerce with foreign nations? Hijacked by a president who cites bogus “national security” rationales to impose tariffs whenever he likes.

Congress’s duty to “advise and consent” on major appointments? Cabinet and other senior government posts that require Senate confirmation have been atypically littered with “acting” officials instead. In fact, while immigration is ostensibly the president’s signature issue, Trump hasn’t had a single Senate-confirmed director of Immigration and Customs Enforcement since he took office. And though Democratic lawmakers may complain, nothing will change as long as Republicans control the Senate.

Which brings me to the most significant power Trump has stripped from Congress: its lawmaking authority. This is best illustrated by the administration’s actions basically rewriting immigration law wholesale, with nary a peep from GOP legislators.

Sure, on some immigration matters, Congress has relinquished its responsibilities, effectively giving Trump the ability to contort immigration policy as he sees fit.

Consider the “dreamers,” the young immigrants brought here as children who know no other country than the United States. They have long been in a legal limbo. Congress could resolve that limbo swiftly and easily by granting the dreamers permanent legal status and a pathway to citizenship. This would have the support of majorities of voters from both parties, and the Democratic-controlled House has already passed such legislation.

Meanwhile, lawmakers in the GOP-controlled Senate wrung their hands and watched helplessly from the sidelines as Trump announced his decision to kill the Obama-era program that protects the dreamers from deportation. Based on a hearing this week, the Supreme Court appears poised to uphold the president’s decision. Yet, despite claiming to care about the issue, Republicans remain unwilling to act.

Similarly, Congress long ago gave the president authority to set the annual cap on refugee admissions. Not surprisingly, if disappointingly, the Trump administration has used that authority to ratchet the ceiling down to a record low of 18,000. For context, during President Barack Obama’s last year of office, the ceiling was 110,000.

But there are other areas of immigration law on which Congress has acted, definitively and clearly, with legislative language that leaves little room for maneuvering by the executive. The Trump administration has flouted these laws anyway.

Take asylum law.

“Refugees” and “asylum seekers” both refer to immigrants fleeing violence or persecution, but, technically, “refugees” apply for sanctuary while still abroad, and asylum seekers apply while in the country of their destination. Unlike with refugeeadmissions, there are no legal caps on the number of people who may qualify for and receive asylum. The law does not allow the executive branch to set them, either.

But the Trump administration has effectively set its own limits.

Last year, for instance, the Trump administration tried to ban people from applying for asylum if they crossed between ports of entry — as most asylum seekers are now forced to do, because the administration has severely throttled (or “metered”) the number of people who may apply through a given port of entry per day.

This “asylum ban” was blocked by the courts — because Congress has explicitly said asylum seekers can apply whether or not they entered the United States “at a designated port of arrival.”

“The law is crystal, crystal clear on this,” says Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.

With virtually no pushback from Republicans in Congress, Trump administration then implemented a sort of asylum ban 2.0. This one disqualifies asylum seekers who passed through another country on their way to the United States without first applying for asylum there. A separate legal challenge — one among many — is now working its way through the courts.

A host of other changes designed to serve as a backdoor limit on asylee admissions have also been announced in recent weeks. Last week, the administration announced a new processing fee for asylum seekers, which would effectively disqualify families fleeing with nothing but the clothes on their backs. This week, it proposed a rule denying many asylum seekers authorization to work while their cases are being adjudicated, which can take years. This will force more immigrants into the shadows, contrary to Congress’s intentions.

The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?

 

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

Catherine and some other reporters “get it” as to what Trump is doing to the law, our democratic institutions, and our Constitution. How come Federal Appellate Judges, Supreme Court Justices, and GOP legislators stick their collective heads in their sand and pretend not to understand the true long-term ramifications of what they are letting Trump do? Why aren’t they protecting our Constitutional and civil rights, not to mention human rights?

It’s all part of “Dred Scottification” – the degradation and dehumanization of individuals while stripping them of their rights combined with a constant barrage of outright lies and false narratives. And, contrary to the apparent belief of many “Trump Toadies” throughout our system and the electorate, once Trump turns on them, which he eventually will, the rights they counted on for protection will be long gone. The total lack of empathy, the ability to understand and appreciate the pain and suffering of others, is perhaps the worst aspect of the Trump kakistocracy.

Thanks, Catherine, for your courageous and insightful writing!

 

PWS

11-15-19

 

 

MICHAEL GERSON @ WASHPOST: THE “TRULY TRUMPIAN MEN” SYMBOLIZE THE GOP’S DESCENT INTO WHITE NATIONALISM AND DISHONESTY:  “Miller and Jordan are giving us a taste of the Truly Trumpian Man — guided by bigotry, seized by conspiracy theories, dismissive of facts and truth, indifferent to ethics, contemptuous of institutional norms and ruthlessly dedicated to the success of a demagogue.”

Michael Gerson
Michael Gerson
Columnist
Washington Post

https://www.washingtonpost.com/opinions/stephen-miller-and-jim-jordan-give-us-a-taste-of-the-truly-trumpian-man/2019/11/14/e187e8b8-0725-11ea-b17d-8b867891d39d_story.html

Across the years of a presidential administration, the churn of politics and policy brings certain men and women to the top of U.S. politics. The past few days have demonstrated the paths to preferment and influence in the Trump years.

First is the case of Stephen Miller, a senior adviser to President Trump and the administration’s unofficial liaison to the alt-right world.

Miller is best known as the prime mover behind the Muslim travel ban and the main opponent of any political compromise involving compassion for Dream Act “dreamers.” Now, with the release of a trove of emails sent to Breitbart writers and editors in 2015 and 2016 (soon before Miller became a Trump administration official), we get a glimpse of Miller’s inspirations and motivations. In response to the massacre of nine black churchgoers by a white nationalist in 2015, Miller was offended that Amazon removed merchandise featuring the Confederate flag and was concerned about the vandalization of Confederate monuments. Miller encouraged attention at Breitbart to a “white genocide”-themed novel, featuring sexualized violence by refugees. He focused on crime and terrorism by nonwhites as the basis for draconian immigration restrictions. He complained about the “ridiculous statue of liberty myth” and mocked the “national religion” of “diversity.” He recommended and forwarded stories from a range of alt-right sources.

All this is evidence of a man marinated in prejudice. In most presidential administrations, a person with such opinions would be shown the White House exit. But most of Miller’s views — tenderness for the Confederacy, the exaggerated fear of interracial crime, the targeting of refugees for calumny and contempt — have been embraced publicly by the president. Trump could not fire his alt-right alter ego without indicting himself. Miller is safe in the shelter of his boss’s bigotry.

Second, there is Rep. Jim Jordan (R-Ohio), the tireless, tendentious, often bellowing chief defender of Trump during the impeachment hearings.

Jordan is not, of course, alone in his heroic sycophancy. GOP Reps. Devin Nunes (Calif.), Mark Meadows (N.C.) and others try to equal him. Together they update Alexander Pope: Fools rush in where Mick Mulvaney and Rudy Giuliani fear to tread.

But Jordan has mastered the art of talking utter rubbish in tones of utter conviction. His version of the events at the heart of the impeachment inquiry? Rather than committing corruption, Trump was fighting corruption. Military assistance was suspended, in Jordan’s telling, while the president was deciding whether Ukrainian President Volodymyr Zelensky was “legit” in his determination to oppose corruption. When Trump found that Zelensky was the “real deal,” the aid was released.

This is a bold but flimsy lie, of the type Trump has made common. Why, in this scenario, would Trump try to secure specific commitments from Zelensky to investigate former vice president Joe Biden and his son Hunter, and to examine Trump’s conspiracy theory about Ukrainian influence in the 2016 election? Are we supposed to believe that Trump employed these as random, theoretical examples of corruption that a worthy, crime-fighting leader would root out? And was the release of U.S. aid just two days after Congress was notified about the whistleblower report a coincidence as well?

Jordan asks us not to accept additional facts but to live in a substitute reality. Almost everyone who participated in these events — both professional staff and political appointees — has affirmed that Trump was employing leverage to secure his political objectives. It is the plain meaning of the reconstructed transcript of Trump’s call to Zelensky.

But none of this matters to Jordan or his colleagues. Consistency and coherence are beside the point. Their objective is not to convince the country; it is to maintain and motivate the base, and thus avoid Trump’s conviction in the Senate. The purpose is not to offer and answer arguments but to give partisans an alternative narrative. And the measure of Jordan’s success is not even the political health of his party (which is suffering from its association with Trump); it is the demonstrated fidelity to a single man.

The elevation of Trump to the presidency has given prominence to a certain kind of follower and permission for a certain set of social values. Bolsheviks once talked of creating the New Socialist Man. Miller and Jordan are giving us a taste of the Truly Trumpian Man — guided by bigotry, seized by conspiracy theories, dismissive of facts and truth, indifferent to ethics, contemptuous of institutional norms and ruthlessly dedicated to the success of a demagogue.

Every day of Trump’s term continues the moral deconstruction of the Republican Party and brings the further debasement of American politics.

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

Let’s hear that again:

Every day of Trump’s term continues the moral deconstruction of the Republican Party and brings the further debasement of American politics.

Yup!

This also confirms what we already knew about Miller’s “role model,” his former boss and White Nationalist nativist “mentor’ Jeff  “Gonzo Apocalypto” Sessions. He’s someone who should have been disowned by the GOP ages ago and who has demonstrated “beyond a reasonable doubt” his total unfitness too hold public office!

PWS

11-15-19

SENATE REPORTS “OUTS” WHITE NATIONALIST REGIME’S VILE ATTACK ON ASYLUM SYSTEM, WHILE HOUSE FINALLY SCHEDULES LONG-OVERDUE OVERSIGHT OF “LET ‘EM DIE IN MEXICO” PROGRAM!

 

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

https://www-m.cnn.com/2019/11/14/politics/merkley-asylum-report/

Priscilla Alvarez Reports for CNN:

(CNN)The Trump administration’s immigration policies have taken a toll on some of the officers tasked with carrying them out, according to a scathing report by Democratic Sen. Jeff Merkley.

The 81-page report released Thursday compiles whistleblower accounts and media reports to provide an overview of the administration’s crackdown on migrants seeking asylum in the United States and attempts to curb migration to the southern border.

In one email, dated August 12, 2019, and obtained by Merkley’s office, an asylum officer denounced one of the administration’s policies as “clearly designed to further this administration’s racist agenda of keeping Hispanic and Latino populations from entering the United States.” The email was first reported by The Washington Post.

pastedGraphic.png

<img alt=”Trump administration proposes rule that would deny work permits to some asylum seekers” class=”media__image” src=”//cdn.cnn.com/cnnnext/dam/assets/190813111158-ken-cuccinelli-presser-uscis-081219-large-169.jpg”>

Trump administration proposes rule that would deny work permits to some asylum seekers

The officer was referring to the so-called Migrant Protection Protocols program, which requires some migrants to stay in Mexico for the duration of their immigration proceedings. The program is being challenged in court, but has been allowed to proceed for the time being.

It’s not the first time asylum officers have expressed frustration over the program, which advocates argue puts migrants, many of whom are from Central America, in harm’s way.

In June, the union representing US asylum officers asked a federal court to end the policy, saying the directives are “fundamentally contrary to the moral fabric of our Nation and our international and domestic legal obligations.”

Merkley’s report, titled “Shattered Refuge,” emphasizes the frustrations held by some officials in the administration who are responsible for carrying out its policies and raises alarm over departmental actions that it alleges exacerbated the crisis at the southern border.

The report included details about:

  • Six pregnant women in Customs and Border Protection custody were sent back to Mexico in May to await their immigration proceedings despite being several months pregnant, according to whistleblowers. The report cites a letter the American Civil Liberties Union directed to the Department of Homeland Security inspector general in September elevating concerns about the placement of pregnant women in the Migrant Protection Protocols program.
  • The former head of the US Citizenship and Immigration Services asylum division, John L. Lafferty, was pushed out by then-acting Director Ken Cuccinelli. Whistleblowers perceived this to be “the result of acting as a committed, civil servant who played it by the book,” according to the report.
  • In April, US Citizenship and Immigration Services moved to raise the standard for credible-fear screenings, the first step in the asylum process. A lawsuit was filed in June challenging the change.
  • The Trump administration assigned CBP agents to conduct credible fear interviews in what appeared to be an attempt to curb the number of asylum applicants, the report states. (More than 50 Border Patrol agents are conducting credible fear screenings, according to USCIS. As of October 2019, Border Patrol agents have completed around 2,000 credible fear determinations.)
  • The report states that limiting entry at CBP ports of entry, a practice known as “metering,” has led to long wait lines and put migrants at heightened risk.

“America should be a land of hope and refuge — the place President Reagan called a shining city on a hill. We’ve seen the betrayal of that vision by the Trump administration’s intentional infliction of trauma on children and families as a warning to others to stay away,” Merkley said in a statement. “Their draconian actions were so contrary to American values and law that at least one whistleblower felt they could not morally or legally carry out their orders.”

The Trump administration has argued that the nation’s immigration system has incentivized people to journey to the southern border. President Donald Trump directed the Justice Department and DHS in April to propose regulations to staunch the flow of migrants, many of whom claim to be seeking asylum in the United States.

Within the last week, USCIS, an immigration agency within DHS, has rolled out proposed changes that would deny work permits to asylum seekers who cross the border illegally and apply a charge to asylum applications, among other things. Immigrant advocates and lawyers have pushed back on the proposed regulations, arguing that the rules penalize a swath of migrants who are seeking refuge in the United States.

Merkley’s report acknowledges the proposed changes to the asylum system and also resurfaces documents that found the controversial policy that led to the separation of thousands of families at the US-Mexico border was intended to deter migrants from coming to the border. It also reflects on the overcrowding at CBP facilities over the summer.

Here’s the information on the House Oversight hearings of “Let ‘Em Die In Mexico,” dishonestly referred to by DHS as the “Migrant Protection Protocols” (“MPP”): 

EXAMINING THE HUMAN RIGHTS AND LEGAL IMPLICATIONS OF DHS’ ‘REMAIN IN MEXICO’ POLICY

DATE: Tuesday, November 19, 2019

Add to my Calendar

TIME: 10:00 AM

LOCATION: 310 Cannon House Office Building

SUBCOMMITTEE: Border Security, Facilitation, & Operations (116th Congress)

ISSUE: Border Security & Immigration

Video

Check back for live video of this hearing.

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

Make no mistake about it, the bogus MPP never had anything whatsoever to do,with “protecting” migrants! No, it was designed specifically to harm (kill on some occasions), punish, and “deter” asylum applicants from exercising their rights under U.S. and international law. 

PWS

11-14-19

CHILD ABUSE: A TRUMP ADMINISTRATION “STRATEGY” – “[T]he backup also was a result of policy decisions that officials knew would ensnare unaccompanied minors in bureaucratic tangles and leave them in squalid conditions.”

https://www.washingtonpost.com/immigration/a-trump-administration-strategy-led-to-the-child-migrant-backup-crisis-at-the-border/2019/11/12/85d4f18c-c9ae-11e9-a1fe-ca46e8d573c0_story.html

Neena Satija
Neena Satija
Investigative Reporter
Washington Post
Karoun Demirjian
Karoun Demirjian
Congressional/
National Security Reporter
Washington Post
Abigail Hauslohner
Abigail Hauslohner
National Immigration Reporter, Washington Post
Josh Dawsey
Josh Dawsey
White House Reporter
Washington Post

From the WashPost:

By

Neena Satija,

Karoun Demirjian,

Abigail Hauslohner and

Josh Dawsey

November 12, 2019 at 12:13 p.m. EST

When thousands of migrant children ended up stranded in U.S. Border Patrol stations last spring, President Trump’s administration characterized the crisis as a spontaneous result of the record crush of migrants overwhelming the U.S. immigration system. But the backup also was a result of policy decisions that officials knew would ensnare unaccompanied minors in bureaucratic tangles and leave them in squalid conditions, according to dozens of interviews and internal documents viewed by The Washington Post.The policies, which administration officials began pursuing soon after Trump took office in January 2017, made it harder for adult relatives of unaccompanied minors to secure the children’s release from U.S. custody. Enhanced vetting of sponsors — including fingerprints and other paperwork — and the sharing of that information between child welfare and immigration authorities slowed down the release of children and exposed the sponsors to deportation.

The government knew the moves would strain child shelters, according to documents and current and former officials, but it was aimed at sending a message to Central American migrants: Coming to the United States illegally has consequences.

Administration officials said the policy was designed to protect children from potential abusers or criminals, but they also wanted to create a broad deterrent effect; they reasoned that undocumented migrants might hesitate to claim their children for fear of being deported. Authorities weighed deterrence — a central aspect of U.S. immigration policy under both President Barack Obama and Trump — against the possibility of children crowding into border stations. And they chose to push forward, knowing what would result.

“This will strain bed capacity,” authorities wrote in a discussion paper in February 2018.

The approach caused thousands of unaccompanied minors to be stranded in U.S. custody and exacerbated the appearance of a crisis on the southern border — a major element underlying the administration’s public request for billions of dollars in additional funding from Congress.

A boy sits in the U.S. Border Patrol Central Processing Center in McAllen, Tex., in August. Border facilities were overwhelmed this year as a record number of Central American migrant families crossed the southern border. (Carolyn Van Houten/The Washington Post)

Lawyers were allowed to visit children in the border stations, and Democratic lawmakers were invited to tour the facilities when they were at their worst. They witnessed — and shared with the public — scenes of desperate children held in crowded cells without basic necessities.

According to current and former government officials, and emails and memos detailing the Trump administration’s strategy, it is clear they knew that without enough beds in government shelters, children would languish in Border Patrol stations not equipped to care for them, making the government a target of lawsuits and public criticism — both of which occurred.

One of the key figures in that strategizing, Chad Wolf, is set to take the helm at the Department of Homeland Security. Senators on Tuesday are expected to first vote on Wolf’s confirmation to his current job as undersecretary for strategy, policy and plans. Wolf is Trump’s favored pick to then take over as acting head of the agency, just as officials brace for what could be another increase in migrant crossings.

Top DHS officials have warned that the reprieve from the record influx of migrants in recent months is probably temporary. Acting Customs and Border Protection commissioner Mark Morgan said last month that the number of people crossing the border is still higher than at the same time last year and remains a “crisis.” Migration also typically increases in the spring, and the U.S. government is preparing for another surge of families and unaccompanied minors.

Such a potential wave of children is what inspired the early discussions about policy changes within the Trump administration in 2017 — along with debate about the policy’s effects.

The Trump administration’s wildly contradictory statements on family separation

The Trump administration changed its story on immigrant family separation no fewer than 14 times in one week. (JM Rieger/The Washington Post)

‘Safety’ vs. ‘anguish’

Staff at the Department of Health and Human Services’ Office of Refugee Resettlement, which is in charge of caring for unaccompanied migrant children, argued against the policy in weekly memos during the summer of 2017. Jonathan White, then deputy director of the ORR’s children’s program, warned in a July 2017 memo that the administration’s plan to separate children from their families and to alter the process of handing children over to sponsors would “result in significant increases” in how long children would be held.

White wrote that children would spend an average of 95 days in federal custody and that the department would need at least 6,500 additional beds in just three months. White declined to comment for this story.

Documents reviewed by The Post show that officials also estimated that HHS would need an additional $686 million in funding — more than 50 percent above its planned budget — to accommodate the policy and create additional bed space.

But the administration did not formally request extra money for that purpose at the time, according to senior Democratic and Republican congressional aides who spoke on the condition of anonymity to discuss private negotiations.

Mark Weber, an HHS spokesman, did not dispute those details but maintained that the border backups resulted from a historic influx of unaccompanied children. In May alone, 9,000 children were referred to the government’s care, he said.

Migrants are gathered behind a fence at a makeshift detention center in El Paso on March 27, when U.S. authorities said the immigration system was at a breaking point. (Sergio Flores/For The Washington Post)

Administration officials also thought the backlog would be short-lived.

“At some point in FY19, the deterrent effect of the new policy should stop families and unscrupulous adult aliens from using the reunification process, normalizing and reversing the volume trend” of unaccompanied minors arriving at the border, authorities wrote in a discussion paper that the National Security Council shared with senior administration officials. The paper was shared with an interagency group that met regularly in the White House Situation Room to discuss immigration and border security.

Some senior officials acknowledged in interviews that they expected some children to remain in custody for longer periods of time, but they said the policy was developed with child safety in mind; they did not want children to be released to smugglers or criminals.

“My number one concern on this was making sure that kids were safe,” Tom Homan, former acting director of U.S. Immigration and Customs Enforcement, said in an interview. “I know it’s a tough decision. It was never easy. You have to weigh the operational concerns, and the humanitarian concerns, and how long they’re going to stay in detention. . . . Yeah, it was going to increase the bed stay, but it wouldn’t be like twofold, threefold, fourfold. We thought it was worth a try, and it if doesn’t work, we can always pedal back and change gears.”

Acting ICE director Matthew Albence said the policy was part of the “deterrent effect” the government was seeking: “The goal was to prevent these children from coming on this dangerous journey.”

Almairis Guillen and her son, Miguel de Jesus Oseguera, 4, sweep with a homemade broom where they and other members of a migrant caravan were resting in Juchitan, Mexico, in October 2018. Thousands of people were part of their caravan, which was heading north to the U.S. border. (Carolyn Van Houten/The Washington Post)The shadows of minors awaiting processing darken the floor of the U.S. Border Patrol center in McAllen on Aug. 12. (Carolyn Van Houten/The Washington Post)

Albence, Homan and other Trump administration officials say the backlog arose because of Washington politics, blaming Democrats in Congress for being too slow to authorize funding for more shelter beds at facilities designed to care for children.

“No one who values child welfare and safety would argue smuggled, exploited and unaccompanied children at the southern border should be handed over to illegal alien ‘sponsors’ without reliable identity confirmation and background checks,” said deputy White House press secretary Hogan Gidley. “The only ones responsible for crowded shelters are Democrats who want to preserve and expand loopholes used by child smugglers for purely political purposes.”

A few months after the policy was implemented, HHS officials determined that it was not improving child safety. They concluded that the added vetting was redundant and needlessly extended the time children remained in custody, according to internal documents that ORR Deputy Director Jallyn Sualog presented to Congress, and to testimony on Capitol Hill.

Advocates saw a darker motive in policies that they say were “intentionally developed to inflict maximum anguish on children,” said Heidi Altman, of the National Immigrant Justice Center. She said officials knew that their plans “would trigger a chain of events that left children hungry, abused and sick in overcrowded CBP facilities.”

Democrats likewise have argued that the White House set up the crisis. Rep. Rosa L. DeLauro (D-Conn.), presiding over a House Oversight subcommittee hearing last month, noted that it had always been possible for the government to ease conditions but that officials chose not to.

“We did not have to have a backlog. We did not,” DeLauro said. “That was created.”

Wrapped in foil blankets, migrants try to stay warm while waiting to be processed and transported by the Border Patrol in El Paso in February. (Carolyn Van Houten/The Washington Post)

Tightening the rules

The Department of Homeland Security did a test run of the policy in the summer of 2017, instructing border agents to interview young migrants about the relatives they wanted to live with in the United States. They then created “target folders” for those adults that could be used to take action against them, according to internal emails that the American Immigration Council obtained via the Freedom of Information Act and made available online.

 

At the ORR, then-director Scott Lloyd was thinking about the administration’s “moral imperative” to protect children from smugglers and to ensure that gangs were not exploiting the child shelter system to enter the country.

“Our legal responsibilities are child welfare,” Lloyd said in an interview. “But even from a child welfare perspective, it’s desirable to deter people from taking that risk, putting their kids in that type of harm.”

Lloyd said he and his staff agreed that better communication between his agency and DHS was the best way to address those concerns.

“We needed to know if a kid had any gang ties or gang ties in their family — we needed to make sure that DHS had that information and that we had that information,” Lloyd said.

The partnership was formalized in an agreement that mandated significantly stricter fingerprinting and screening requirements for all adults who hoped to sponsor a migrant child or who lived in a house where a migrant child might stay.

“If this could get finalized and implemented soon, it would have a tremendous deterrent effect,” Gene Hamilton, counsel to then-attorney general Jeff Sessions, wrote in notes he sent by email in December 2017 to Wolf, the senior DHS official who is now in line to take over as acting secretary. The existence of the notes — but not the identity of the authors or the recipients — was first reported by NBC News.

Wolf declined to comment.

Alexei Woltornist, a Justice Department spokesman, said the agreement was just one of “numerous steps” to prevent the victimization of children: “Ending the trauma these children can face requires taking action against all parties who entrust criminals and cartels to transport their children across the border.”

HHS Secretary Alex Azar and then-DHS secretary Kirstjen Nielsen — the two department heads tasked with carrying out the policy — voiced serious concerns, according to two officials familiar with the discussions. They worried that the agreement would be impossible to implement, could lead to longer detention times for children and would be viewed publicly as unnecessarily harsh, said the officials, who spoke on the condition of anonymity to discuss internal policy deliberations.

Caitlin Oakley, an HHS spokeswoman, did not dispute that account, but she said in a statement that Azar “supports the Trump administration’s goal of enforcing immigration laws and securing the border.”

“The backup at the border of minors witnessed this summer was the consequence of a broken immigration system,” Oakley added.

Nielsen declined to comment.

One HHS employee who spoke on the condition of anonymity to discuss internal matters recalled Lloyd telling staffers that the White House wanted them “to do everything you can to prevent backups into border stations. But it is better that there be a backup in a border station than that we not enforce immigration laws and that we not deter migration.”

Lloyd denied that account.

“I don’t ever recall holding, even temporarily, the idea that backups at border stations was a remotely acceptable scenario,” Lloyd said.

Migrants wait inside the fence of a makeshift detention center in El Paso in March. (Sergio Flores/For The Washington Post)

Internal memos show that for months before implementing the policy, government lawyers worried about lawsuits and discussed ways to claim that the policy would make children safer. In a January 2018 draft memo, viewed by The Post, Justice Department lawyers proposed defending the plan to conduct enhanced background checks and share them with enforcement agents as a means of protecting migrant children from witnessing the eventual deportation of their parents or relatives.

“We can argue that whether a proposed sponsor is subject to removal is a key factor in determining suitability, given the impact that immigration enforcement against, or detention of, a sponsor would have on the circumstances faced by” unaccompanied minors living with the sponsor, Justice Department lawyers wrote in January 2018 correspondence with DHS and HHS officials as part of an “analysis of litigation risk” associated with the agreement.

Federal judge blocks Trump administration from detaining migrant children for indefinite periods

The administration also developed and rolled out its family separation policy in the spring of 2018, part of its “zero tolerance” approach at the border. The months-long initiative, which separated thousands of children from their parents, compounded the need for shelter space. After a public outcry, the administration ended the policy.

By the fall of 2018, most of the families had been reunited, and the number of unaccompanied children crossing the border had fallen, but the population of children in the shelters continued to grow, according to HHS data. By October 2018, migrant children were spending an average of more than 90 days in federal custody — exactly as White had predicted — more than twice the length of stays two years earlier.

While some adult migrants were afraid to come forward to claim their children, the contractors tasked with carrying out the background checks and fingerprinting were overwhelmed, according to current and former HHS officials. The American Civil Liberties Union and other advocates filed lawsuits challenging the policy, arguing that parents waited months for fingerprinting results.

Migrant teens walk through a camp in Tornillo, Tex., in December 2018. The Trump administration announced in June 2018 that it would open a temporary shelter for up to 360 migrant children in this remote corner of the Texas desert. Six months later, the facility had expanded into a camp holding thousands of teenagers. (Andres Leighton/AP)

Time in custody grows

Kevin Dinnin, the head of the nonprofit that operated a shelter for migrant children in Tornillo, Tex., said the crush of minors became increasingly severe through late 2018, and he told the agency he could not continue. Images of teenagers behind chain-link fences shuffling single-file from tent to tent had drawn public outrage, and Dinnin could not understand why children continued arriving at the shelter even though migrant crossings had slowed and family separations had ended.

“The problem was, kids were coming and not being discharged,” Dinnin said. “The average length of stay just kept increasing.”

An HHS official who spoke on the condition of anonymity to discuss sensitive policy decisions said the agency would never have opened the Tornillo shelter had it not been for the agreement with DHS.

“It was the increase in average length of care that created a need for thousands of beds,” the official said.

U.S. returns 100 migrant children to overcrowded border facility as HHS says it is out of space

HHS career staff members decided that the agency had no choice but to eliminate some aspects of the background checks to relieve the pressure on the system. To avoid roiling the White House, they slowly rolled back the policy through several “operational directives” over a period of months, according to current and former HHS officials.

The agency announced that it would stop fingerprinting all adult members of a sponsor’s household in December 2018, and the government then quickly released thousands of children from custody. The Tornillo shelter closed a few weeks later.

But with the agency still fingerprinting sponsors, some children continued to languish in custody for months, especially when migrant crossings surged again in the spring. Children apprehended at the border were left in Border Patrol stations as a result.

Rep. Rashida Tlaib (D-Mich.) addresses the media July 1 after touring the Clint, Tex., Border Patrol facility. Reports of inhumane conditions plagued the facility, where migrant children were being held. (Christ Chavez/Getty Images)Rep. Alexandria Ocasio-Cortez (D-N.Y.), center, departs after a House Oversight and Reform Committee hearing on family separation and detention centers on July 12. She gave an impassioned speech, shedding tears while describing the conditions she witnessed along the border. (Al Drago/Bloomberg News)

Democratic lawmakers, lawyers and advocates toured Border Patrol stations in late spring and early summer and delivered scathing descriptions of the suffering they witnessed. DHS and HHS officials pleaded with Congress for more money, saying they had been blindsided by the numbers. HHS canceled English classes, soccer and legal aid for migrant children, citing inadequate funds.

In June, Congress approved a $4.6 billion emergency border spending package, shortly after hearing the government’s pleas about what they described as a humanitarian crisis at the border.

Officials credited the subsequent release of hundreds more children to the aid package. But in court documents and congressional testimony, they acknowledged that moves to scale back the enhanced background checks had made the difference. Those included a final directive in June to stop fingerprinting aunts, uncles and grandparents seeking custody of migrant children, speeding up the release of more than 1,000 children in a matter of weeks and allowing the emergency shelter in Homestead, Fla., to close.

“I do support the four operational directives in order to expedite the release of children to properly vetted sponsors,” ORR Director Jonathan Hayes said at a congressional hearing in July. “I want to see the children back with their families.”

Officials have argued that shortening the time that children are held in federal custody will boost the incentive for migrant families to seek entry into the United States.

“The shorter the stay, the more likely they’re willing to take it on,” Homan said. “If I think I’ll be detained for a year, I might not come. But if I’ll be detained for a week and be released, that may convince me to make that trip.”

Nick Miroff, Maria Sacchetti, Paul Kane and Yasmeen Abutaleb contributed to this report.

 

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

The Trump Administration continues to intentionally misrepresent the conditions in the Northern Triangle that are sending families and children in flight to the U.S., notwithstanding their knowledge of the dangers and the overt cruelty and racism of the Trump Administration directed against them.

While the Trump Administration keeps on putting forth the knowingly false narrative that this “crisis” is caused by “loopholes” in U.S. law, that’s demonstrably untrue. Over 50% off the nearly 26 million refugees worldwide are children under the age of 18.  https://www.unhcr.org/en-us/figures-at-a-glance.html.   

Obviously, the increasing number of child refugees is part of a tragic worldwide phenomenon having no causal relationship to U.S. laws or court decisions. It’s a result of conditions in the sending countries and won’t be stopped or prevented by unilateral actions on the part of receiving countries, even extreme cruelty.  The phenomenon might, however, be increased by the overtly anti-refugee policies and statements of the Trump Administration and the actions of the Trump Administration in coddling dictators and tyrants, which actually produces more child refugees.

Also, what about the criminals over at HHS who have abandoned their Congressionally-assigned duty to protect and look out for the best interests of children for a White Nationalist, racist, nativist enforcement policy that targets kids. When folks like Alex Azar & company are sent packing from Government some day, remember for what they really stand!

We’re allowing shameless thugs to run our national immigration policies. There will be consequences!

 

PWS

11-13-19

NIGHTMARE ON 1st ST., NE: AS SUPREMES APPEAR SEARCHING FOR WAY TO “STICK IT TO” DREAMERS, TRUMP’S OBSESSION WITH REMOVING LONG-TIME UNDOCUMENTED INDIVIDUALS REMAINS HIGHLY UNPOPULAR!

Chantal Da Silva
Chantal Da Silva
Senior Reporter
Newsweek

https://apple.news/AVLJN2Lt1SD-o5h81B1pQqw

Chantal Da Silva reports for Newsweek:

Most Americans Want Undocumented Immigrants To Be Able To Stay Legally 

November 12, 2019

The majority of Americans believe it is important for the U.S. to establish a way for most undocumented immigrants in the country to remain here legally, a new study has found.

The revelation from the Pew Research Center’s findings, which were published on Tuesday, comes as the Supreme Court deliberates over whether the Trump administration can legally end the Deferred Action for Childhood Arrivals (DACA) program.

Under the DACA program, nearly 800,000 undocumented immigrants brought to the U.S. by their parents have been allowed to live and work in the country.

Related Stories

Will Donald Trump Be Able to End DACA? Decision Heads to Supreme Court

However, the Trump administration has sought to bring the program to an end, a bid which was temporarily blocked by courts and which will now be brought before the Supreme Court this week.

According to the Pew Research Center’s findings, two-thirds of Americans (67 percent) said it was “very or somewhat important” for the U.S. to establish a way for “most immigrants in the country illegally to remain her legally.” 

While support for a pathway for undocumented immigrants to remain in the U.S. fell largely along party lines, nearly half (48 percent) of Republican and Republican-leaning participants said they were in favor of the idea. 

Meanwhile, 82 percent of Democrats and Democratic-leaning independents said they felt it was an important goal. 

In addition to establishing a route for most undocumented immigrants to be able to remain in the U.S., Americans also expressed support for taking in refugees fleeing war and violence.

Seventy-three percent of the 9,895 respondents who were surveyed between September 3 and 15 said they felt it was important for the U.S. to take in refugees, with Republicans showing greater support for that goal than in previous years. 

In 2016, Pew said, just 40 percent of Republicans identified admitting refugees as an important initiative. This year, however, a majority of Republicans (58 percent) said they supported that goal.

While the majority of Americans were in favor of both of the above initiatives, they also expressed support for strengthening security along the U.S.-Mexico border, with 68 percent of participants in favor of that goal. 

Around 9 in 10 Republicans (91 percent) said they were in favor of increasing security at the border, while about half of Democrats and Democratic-leaning respondents (49 percent) said they believed it was an important bid. 

The apparent divide between Republicans and Democrats is also significant when it comes to increasing deportations of immigrants unauthorized to be in the U.S. 

Roughly eight-in-ten Republicans (83 percent) said they were in favor of increasing deportations, including 51 percent who identified that initiative as “very important.”

Meanwhile, among Democrats, support for that bid was much lower, with around just three-in-10 (31 percent) in favor of boosting deportations and only 10 percent calling it a “very important” goal.” 

Despite what the American public thinks, the decision on whether DACA is allowed to move forward currently sits in the Supreme Court’s hands. 

Justices will be deliberating on whether federal courts should have been able to block the Trump administration’s decision to end the program—and whether Trump had the legal right to end it in the first place. 

If the program does come to an end, the thousands of people who benefit the program, as well as the many who might have applied for DACA protections in the future could face deportation from the U.S. 

In an interview with Newsweek on Monday, Carolina Fung Feng, a DACA recipient and plaintiff in one of the cases before the Supreme Court, said that if the Supreme Court rules in the Trump administration’s favor, she could lose her job and be deported back to a country that she left when she was 12-years-old. 

“I’d be separated from my family here in New York and, also, I would lose the ability to be independent,” Feng said. “Right now, I live on my own with my younger brother, so if they were to eliminate the DACA program permanently I wouldn’t be able to help my brother pay for the house.”

Feng, who is now 30 and works in the U.S. helping adult learners earn their high school equivalency diplomas, said she cannot understand why the U.S. government would want to see the country lose a population that has contributed to the country’s economy and strengthened its local communities. 

“We contribute to this economy. We haven’t done anything wrong,” she said. “We’re just human beings who want to live a better life and we want to protect our families and do the best we can so they can have a better life.”

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

A majority of the Supremes appear ready to “go along to get along” with the latest move by the Trump Administration to screw, demean, and dehumanize undocumented American young people who are continuing to contribute to our society.

A Court that not so long ago had little trouble treating inanimate and amoral large corporate interests as “persons” under the Constitution appeared to have no such concerns for the rights and dignity of a large class of human beings actually living, working, and studying in America.

By either agreeing with the bogus legal argument half-heartedly presented by the Solicitor General or saying Trump could act for no particular reason other than his White Nationalist political agenda, the Supremes appeared willing to allow young people to be held hostage for an extreme nativist anti-immigrant legislative program.

Trump gave his usual “off-the-wall tweet.” First, he smeared so-called “Dreamers” as containing among their ranks “tough, hardened criminals” (even though such individuals were specifically excluded from the program by the Obama Administration). At the same time, he said that if his Supremes gave him what he demanded he would cut a “deal” with the Dems for Dreamer relief. We’ve heard that before.

That’s highly unlikely to happen without regime change in the Executive and the Senate. Similar to the last failed exercise, the Trump Administration would almost certainly demand an end to refugee and asylum programs, sharp cuts to legal immigration, massive new funding for the New American Gulag, and a free hand to summarily deport almost anyone without due process in return for even limited Dreamer relief. That’s a “deal” the Dems aren’t going to make.

Therefore, most Dreamers likely will continue to “twist in the wind” for another election cycle and perhaps longer. With Immigration Court backlogs at an astounding 1.3 million and growing, they won’t be forcibly removed any time in the near future, even if Trump wins re-election. 

On the other hand, deprived of work authorization and “color of law” status, most will face obstacles to legal employment or study in the U.S. This will leave them with the “choice” of “going underground” or “self-deportation.” Either way, America will be deprived of the full potential of some of our most talented and dedicated younger generation.

Of course, I hope that my gloomy analysis is wrong. But, things are sure looking like another avoidable judicially-enabled nightmare in a nation that has empowered a White Nationalist minority to run roughshod over individual rights with judicial complicity.

I would expect the Supreme majority’s decision to be  loaded with some disingenuous and self-serving references as to how disputes like the fate of the Dreamers should be determined by the “political system.” Then, it will be good to remember that this is a Court that has chosen to take a “pass” on partisan gerrymandering and other gimmicks used by the GOP and the Trump Administration to disenfranchise racial minorities, suppress the vote, and circumvent true democratic rule. In other words, the Supremes know full well that the “political system” is broken to a large extent because they have helped enable its demise.

That’s why it’s important for the New Due Process Army and others who believe in the Constitution, the rule of law, and basic human decency to get out the vote, remove the GOP across the board, and pave the way for better, more intellectually honest judges, who will uphold individual rights and true Constitutional values rather than siding with the tyranny of an unrestrained, unprincipled Executive and inanimate corporate interests in derogation of human rights. 

Obviously, there are lots of folks out there, even among the GOP, who don’t “buy in” to Trump’s unrelenting cruelty toward migrants (except, I guess, those migrants he marries and their foreign-born families). The Dems shouldn’t be afraid to run on a program of Dreamer relief combined with other practical, common sense reforms that would allow us to “rationalize” the inevitable and largely positive forces of human migration. We could actually be “beefing up” our revenue collections with a sane immigration policy, rather than hemorrhaging billions on cruel, inhumane, and ultimately futile “enforcement only” schemes and gimmicks. And, yes, with a more rational and realistic system in place, including for the processing of legitimate refugees and asylees, removal of those who evade it would become more efficient, effective, and uniform than it is under our current broken system, at least as administered by the Trump Administration.

Finally, here’s a link to a great article from Zachary Pleat at Mediamatters “calling out” NBC, CBS, and other so-called “mainstream media” for uncritical repetition and re-publication of Trump’s smears and racist-inspired lies about “Dreamers.”  https://www.mediamatters.org/immigration/daca-goes-supreme-court-cbs-and-nbc-push-trumps-lie-about-dreamers.

PWS

11-12-19

HISPANICS HELPED RESCUE AMERICA’S CITIES: Their Reward: Donald Trump & His White Nationalist Mafia!

A.K. Sandoval-Strausz
A.K. Sandoval-Strausz
Director of Latinx Studies
Penn State

https://www.washingtonpost.com/outlook/2019/11/08/how-latinos-saved-american-cities/?arc404=true

How Latinos saved American cities

After whites fled and before the ‘creative class’ moved in, immigrants kept urban neighborhoods alive.

A.K. Sandoval-Strausz

November 8, 2019

Chicago’s South Lawndale was just like countless other neighborhoods that bottomed out during the urban crisis of the mid-20th century. Settled after the fire of 1871 and built up in the early 1900s, it had prospered as an industrial district offering steady factory work and affordable housing to immigrants from Germany, Poland and Bohemia. But by the 1960s, its white residents were leaving en masse, moving to the suburbs for newer housing and to avoid sharing the neighborhood with black families who were moving in. The writer Stuart Dybek remembered South Lawndale in those years as a place where people “walked past block-length gutted factories [and] . . . half-boarded storefronts of groceries that had shut down when they were kids, dusty cans still stacked on the shelves.”

But some locals saw a solution to the neighborhood’s decline. Among them was Richard Dolejs, a real estate agent and community leader. Instead of moving out, he recalls, “we said: ‘Well, what about the Mexican community? We should apply to that group and try to bring ’em in.’ ” In the early ’60s, he persuaded lenders to write mortgages for the newcomers and hired Spanish-speaking staff to help them with the paperwork. This was not just altruism: Dolejs’s neighbors wanted to sell or rent their houses to somebody, and since a nearby barrio was being destroyed in the name of “urban renewal,” Hispanic Chicagoans needed somewhere new to live.

They found it.

Depopulation, job loss, fiscal distress and soaring crime in America’s cities were among the nation’s most intractable problems from the 1950s to the early 1990s. When that crisis abated, many experts credited the recovery largely to the “creative class,” urban professionals and other people with money. But it owed more to Latino immigrant families who had begun to revitalize inner-city neighborhoods decades earlier, laying essential foundations for the well-heeled to return. As Latin American migrants are today demonized and scapegoated, their indispensable role in solving one of the greatest crises of the 20th century shouldn’t be overlooked.

[Trump has spread more hatred of immigrants than any American in history]

Like South Lawndale, many other city neighborhoods deteriorated steadily during the urban crisis. Dallas’s Oak Cliff area had thrived starting in the 1940s thanks to military spending on a nearby aircraft and missile factory. The prospect of racial integration, however, led a few whites to launch racist attacks and many more to flee to homogeneous neighborhoods in north Dallas or the suburbs. Oak Cliff’s Mexican American population grew beginning in the late 1950s and 1960s, when Dallas officials ran new highways through another area, disrupting the city’s main barrio and displacing its residents; they were joined by Mexican immigrants beginning in the 1970s.

Latino migrants saved neighborhoods like these from the abandonment and decay that afflicted so much of urban America. While virtually every other demographic group in most cities shrunk, Latin American newcomers replenished neighborhoods. In 1960, my research in census data found that South Lawndale and Oak Cliff were each about 1 to 2 percent Hispanic; four decades later, 91 percent of South Lawndale’s 81,000 residents and 76 percent of Oak Cliff’s 116,000 denizens were Latinos. They were a community lifeline at a time when many landlords, unable to sell or rent their properties but still responsible for mortgages and taxes, hired “torches” to burn them down so they could collect insurance money. Between 1950 and 1980, the North Lawndale neighborhood lost a shocking 10,000 housing units, nearly a third of its previous total. But in adjacent South Lawndale, the number of dwellings held steady as Mexican Americans and Mexican immigrants became homeowners.

This was a nationwide phenomenon. New York City lost 820,000 residents between 1950 and 1980, and it would have shrunk more if not for gains of over 1 million new Latinos after 1980. Boston lost 238,000 residents in those decades but gained 100,000 new Latinos since 1980. Cities like Milwaukee and Philadelphia also depended on arriving Latinos — about 85,000 in Milwaukee and 160,000 in Philadelphia — to help stabilize their populations. The clearest example was Chicago, which shed more than 600,000 residents between 1950 and 1980. Nearly 370,000 new Hispanic residents after 1980 saved the Windy City, which is now 29 percent Latino, from losing population as quickly as urban-crisis bellwethers like Detroit and Cleveland.

[Family-based immigration has ‘merit,’ too]

Three decades of population decline in most urban areas nationwide gave way to a new era, beginning around 1980, when more than two-thirds of the 25 biggest cities gained residents. Much of this increase owed to Latinos. In most big cities, Hispanic populations expanded in the 1970s and reached peak growth rates by the 1990s; meanwhile, the non-Hispanic white populations shrank continuously, with the predominantly white “creative class” stabilizing this demographic only in the past 20 years. As a result, of those 25 biggest cities, 12 have populations that are more than one-quarter Hispanic, including eight that are more than one-third Hispanic and two, San Antonio and El Paso, that are majority Latino. By the same token, research on more than 3,000 U.S. counties and 150 big cities has demonstrated that Latinos were the largest immigrant group contributing to economic growth, as an influx of immigrants generated jobs and propelled revitalization through the housing sector.

This is not just a question of numbers. It is difficult to imagine how many neighborhoods — from the North Corona section of Queens to Detroit’s Mexicantown to Minneapolis’s Lake Street to everything west of Interstate 25 in Denver — could have sustained themselves without the arrival of 25 million new Latino urbanites over the past half-century. Equally important, however, are the ways these migrants imported everyday customs from Latin America and adapted them for their new homes.

The most significant of these habits was a preference for walking over driving. In countries such as Mexico, El Salvador and the Dominican Republic, few people owned cars, especially in the rural areas from which most immigrants came. This made the newcomers the ideal inheritors of the American urban core, a landscape created before the automobile. While Anglo Americans were leaving in droves for car-dependent suburbia, Latinos repopulated neighborhoods built around pedestrians and public transportation.

This in turn revitalized the inner-city commercial landscape. Urban small businesses had been declining for decades, pressured since the mid-1950s by suburban malls and since the 1970s by predatory big-box retailers. But new Latino residents energized neighborhood commerce. They shopped locally, at stores they could walk to, where shopkeepers spoke Spanish. Businesses like these enjoyed a protected market with a growing clientele: The Kauffman Index, which measures entrepreneurial activity, showed that in almost every year from 1996 through 2018, Latinos were more likely than any other demographic group to open their own businesses.

They also brought life back to city streets. While two generations of American thinkers fretted over the loss of public life, from Richard Sennett’s “The Fall of Public Man” in 1977 to Robert Putnam’s “Bowling Alone” in 2000, Latino neighborhoods experienced a revival of streetside socializing. Once-empty sidewalks, play areas and parks echoed with the sounds of música norteña, salsa and cumbia and the cheers of spectators at neighborhood soccer leagues — and eventually, Anglo Americans learned to shout “¡Goooooooool!” when a team scored.

In Oak Cliff, Latino immigrants helped reverse two decades of falling property values, and by the 1980s, local homes were appreciating faster than in Dallas as a whole. As the city’s share of Latinos jumped from the 1990s into the 2010s, Dallas’s crime rate began a decline that saw homicides drop by 69 percent between 1991 and 2018. Similarly, in South Lawndale, home values more than doubled between 1990 and 2000, and by 2018 the number of homicides citywide had dropped by 40 percent from its peak in 1991. Neighborhood business activity soared; soon journalists, business groups, social scientists and public officials were lauding South Lawndale — now known as Little Village — as an example of a new and revitalized Chicago. Like other barrios, it still had problems with poverty, underfunded schools and delinquent youth, but things had improved dramatically.

Leaders of cities nationwide soon recognized the positive effects of immigration. They organized to welcome newcomers, especially after the 2010 Census showed how many urban areas depended on immigrants to sustain their populations and workforces. Detroit, for example, launched a development initiative called Global Detroit, observing that “immigration has proven, by far, to be the best American strategy to combat population loss.” A few years later, Detroit’s leaders joined with municipal officials from across the industrial heartland to establish the Welcoming Economies Global Network — its motto is “Leading Rust Belt Immigrant Innovation” — with more than two dozen affiliates.

Latin American immigrants have filled essential roles in metropolitan economies, making up a large proportion of home builders, child-care workers, building maintenance staff, and restaurant cooks, servers and busboys. Sociologists and economists have shown that the urban professionals cities covet today need child care and other household help, and that they are attracted to cities by cafes, clubs and restaurants. Without the hands that have built and renovated homes, looked after children, kept office buildings running, and prepared meals, white-collar families wouldn’t live in urban America.

[Yes, you can gentrify a neighborhood without pushing out poor people]

These urban professionals increasingly require not just Latino labor but Latino space, as they seek out neighborhoods with “character” and “authenticity.” In numerous barrios — from San Francisco’s Mission District to Los Angeles’s Boyle Heights to New York’s Washington Heights — urban professionals have paid barrios their highest compliment by gentrifying them. A few years ago, Chicago immigrant José Luis Arroyo recalled a young white man who walked up and asked to purchase his house, saying he had lived there before his family moved away. “These Americans left because they thought we were going to destroy their neighborhood,” Arroyo told researchers for the Chicago Mexican Migrant Oral History Project. “These young peoples’ parents got scared and moved away, and they took their children with them. And then these children grew up and became professionals and came to visit the barrio. And now they want to move back!”

The revitalizing influence of Latinos and other immigrants now extends far beyond cities. Many of the pathologies of the urban crisis are today afflicting rural America, where a lack of economic opportunity and a catastrophic opioid epidemic have emptied out small towns and left vast numbers of workers disabled. Once again, Latin American newcomers have led the way in addressing the rural crisis by providing much-needed labor on Pennsylvania farms, in Iowa meatpacking plants and at Wyoming nature resorts and repopulating the surrounding small towns. Of the nearly 2,300 rural counties in the United States, 94 percent saw increases in Hispanic residents between 1990 and 2000, and from 2000 to 2010, Latinos made up 58 percent of all population growth in nonmetropolitan counties.

A nation of immigrants is what we have been, and it is what we shall remain. The newest Americans trust us to be the nation we said we were for all those years: a city upon a hill, the North Star, the last best hope of Earth, Mother of Exiles. Perhaps they can help us recognize ourselves; for they are just the latest in a proud lineage of migrants seeking their promised land.

 

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

Trump’s racist White Nationalism basically targets all who “differ” from his absurd “nativist vision” of America and his disdain for truth and values.

 

PWS

 

11-11-19

THE HATER-IN-CHIEF: “Trump has attacked and scapegoated immigrants in ways that previous presidents never have — and in the process, he has spread more fear, resentment and hatred of immigrants than any American in history.”

https://www.washingtonpost.com/outlook/trump-has-spread-more-hatred-of-immigrants-than-any-american-in-history/2019/11/07/7e253236-ff54-11e9-8bab-0fc209e065a8_story.html

Professor Tyler Anbinder
Tyler Anbinder
Professor of History
George Washington University

Professor Tyler Anbinder writes in WashPost:

November 7, 2019 at 10:03 a.m. EST

President Trump insists that he harbors no prejudice against immigrants. “I love immigrants,” he told Telemundo in June. Indeed, Trump has married two immigrants — Ivana Zelníčková (from what is now the Czech Republic) and Melanija Knavs (born in what is now Slovenia). He does occasionally say something positive about an immigrant group, such as when he wondered why the United States couldn’t get more immigrants from Norway. But for the most part, Trump portrays immigrants as a threat or a menace, and he calls the largest segment of America’s newcomers — Latinos — “animals” and invaders.

As a historian who specializes in the study of anti-immigrant sentiment, I know that Trump is not the first president to denigrate newcomers to the country. But Trump has attacked and scapegoated immigrants in ways that previous presidents never have — and in the process, he has spread more fear, resentment and hatred of immigrants than any American in history.

Trump’s nativism is especially striking for its comprehensiveness. Over the centuries, nativists have leveled 10 main charges against immigrants: They bring crime; they import poverty; they spread disease; they don’t assimilate; they corrupt our politics; they steal our jobs; they cause our taxes to increase; they’re a security risk; their religion is incompatible with American values; they can never be “true Americans.”

Trump has made every one of these charges. No American president before him has publicly embraced the entire nativist worldview. A commander in chief who is also the nativist in chief has the potential to alter immigrants’ role in American society now and for generations to come.

There have, of course, been upsurges of nativism in previous eras, but presidents have rarely been the ones stoking the flames. President John Adams signed the Alien and Sedition Acts in 1798, which among other things nearly tripled the time immigrants had to wait before they could become citizens and vote, but his voluminous writings contain nary a word critical of immigrants.

Millard Fillmore, president at the height of the massive influx of Irish immigrants fleeing the Great Famine, remained silent during his administration on the social tensions these newcomers caused. Even in 1856, when the anti-Catholic, anti-immigrant American Party (popularly called the Know Nothing Party) nominated Fillmore to return to the White House, he and his surrogates eschewed attacks on immigrants and rebranded the party as a moderating force between proslavery Democrats and anti-slavery Republicans.

Congress has typically been the source of the greatest nativist zeal in national politics — and presidents have generally tried to tamp down that zeal. Rutherford B. Hayes and Chester Arthur vetoed legislation barring the immigration of Chinese laborers in the 1870s and 1880s, though Arthur later agreed to sign a 10-year ban. In subsequent decades, Grover Cleveland, William H. Taft and Woodrow Wilson vetoed bills making the ability to read a prerequisite for adult men to immigrate. Congress eventually overrode Wilson’s veto to enact such a law in 1917.

By the 1920s, most Americans were convinced that further limits on immigration were necessary. “America must be kept American,” President Calvin Coolidge declared in December 1923, following the political winds, and by “American,” he meant white in race, Anglo-Saxon in ethnicity and Protestant in religion. Coolidge endorsed the severe limits Congress placed on the immigration of Slavs, Poles, Italians, Greeks and Eastern European Jews and accepted a ban on immigration from Asia and Africa, as well.

Those racist restrictions were rescinded in 1965. When Lyndon Johnson sat at the feet of the Statue of Liberty and signed legislation that ended the discriminatory quotas, he predicted that the federal government would “never again shadow the gate to the American nation with the twin barriers of prejudice and privilege.” But Johnson could not have imagined a president like Trump.

The only Americans who came even remotely close to rivaling Trump’s nativist influence were more narrowly focused than the president is. Charles Lindbergh and Henry Ford were widely admired anti-Semites whose views reached millions, but their animus was focused on powerful Jews at home and abroad, not Jewish immigrants in general. Father Charles Coughlin, a Catholic priest, had millions of loyal radio listeners in the 1930s, but he, too, was more an anti-Semite than a broad nativist. None of them commanded the devotion of nearly as large a share of the population as Trump does.

John Tanton, who died this year, was a driving force behind the modern anti-immigration movement, organizing and raising money for a variety of groups that have advocated a reduction in immigration. But those groups didn’t have influence until Trump began spreading their ideas and appointing their leaders and allies to positions in his administration.

Trump’s anti-immigrant efforts have featured several classic nativist tropes. He falsely associates immigrants with crime, as when he said during his campaign that Mexicans are “bringing drugs. They’re bringing crime. They’re rapists.” In truth, immigrants commit significantly less crime than the native-born do. He scapegoats entire immigrant religious groups for the actions of one or two criminals, calling for “a total and complete shutdown of Muslims entering the United States” after Syed Rizwan Farook (who was not even an immigrant) and his wife (who was foreign-born) killed 14 people in San Bernardino, Calif. He perpetuates the notion that immigrants pose a public health threat, as when he wondered in 2018 why we let “all these people from shithole countries come here.” One of his objections, reportedly, was that Haitians “all have AIDS,” though the White House denies he said that. He’s making it harder for low-income immigrants to come here in ways that would almost certainly reduce immigration from Latin America, Africa and the Caribbean, justifying his proposal on the grounds that he needs to “protect benefits for American citizens.” And he argues that even the U.S.-born children of recent immigrants — if they are part of ethnic, religious or racial minorities — are not real Americans, as he suggested when he tweeted that four congresswomen of color should “go back” to “the totally broken and crime infested places from which they came.”

What makes Trump more influential than any previous American nativist is the size of his audience and the devotion of his supporters. Trump has more than 66 million Twitter followers and a powerful echo chamber in conservative media, allowing him to instantaneously convey his ideas to a quarter of the adult population. Other presidents had passionate followers (Andrew Jackson, Franklin Roosevelt and Ronald Reagan come to mind), but none of them expressed much, if any, animus toward immigrants. Trump’s rhetoric has changed the way many Americans view immigrants: Nearly a quarter now call immigration a “problem,” more than double the percentage who characterized it that way in 2015, and the highest share since Gallup began asking that question a quarter-century ago.

Trump has made public expressions of nativism socially acceptable for the first time in generations. As he lambasted Rep. Ilhan Omar (D-Minn.), a Somali immigrant, at a July rally in Greenville, N.C., the crowd erupted with chants of “Send her back,” echoing Trump’s notorious tweet. “There was a filter,” a Latino resident of Greenville noted after the rally, that previously prevented Americans from expressing such hatred of immigrants, but “now the filter has been broken. My Hispanic friends are afraid to go to the store. They’re afraid to do anything. It’s scary.”

Trump’s spread of nativism has led to an upsurge in animosity directed at immigrants. Those who read or hear the president’s nativist views are more likely to write offensive things on social media about the groups he targets, one political science study found. One study using data compiled by the Anti-Defamation League found that counties that hosted Trump rallies in 2016 saw a 226 percent increase in hate crimes in the following months, primarily assaults or acts of vandalism, compared to counties that didn’t host rallies. ABC News identified at least 29 cases in which violence or threats of violence were carried out, and the perpetrators targeted immigrants or those perceived to be immigrants more than any other group.

The president’s rhetoric inspires not merely petty violence but occasionally full-fledged acts of terrorism as well. Throughout the fall of 2018, Trump relentlessly sowed fears that an “invasion” of Central American refugees was imminent via an immigrant “caravan” heading through Mexico toward the United States. Before a gunman killed 11 worshipers in a Pittsburgh synagogue in October 2018, he apparently justified his actions on the grounds that the Hebrew Immigrant Aid Society, which these days assists refugees from all over the world, “likes to bring in invaders that kill our people. I can’t sit by and watch my people get slaughtered.”

Five months later, the man accused of killing more than 50 Muslims at two mosques in New Zealand hailed Trump as a symbol “of renewed white identity” in an online manifesto. In August, a man traveled to El Paso with the goal of killing as many Latinos as possible, authorities said, slaying 22 people at a Walmart. A manifesto linked to him echoed many of the president’s favorite talking points: It condemned “the Hispanic invasion of Texas,” charged that immigrants are taking jobs from natives and lauded Republicans for reducing “mass immigration and citizenship.” These accused shooters all seemingly found Trump’s nativist rhetoric inspirational.

While this upsurge in nativist violence is terrifying, history suggests that, over the long term, those who embrace immigrants will win out over those who fear them. The percentage of Americans who want to cut immigration has risen since Trump took office, but that figure is still down by almost half since the mid-1990s. Ironically, Trump’s nativist pronouncements and actions may have galvanized Americans who oppose him to look even more favorably at immigrants than they did before. Seventy-six percent of Americans now say that immigration is good for the country — an all-time high in Gallup’s poll — while the percentage who call it harmful, 19 percent, is at an all-time low.

Anti-immigrant attitudes have always been part of American culture. They have spiked periodically — in the 1850s, in the 1920s — but those nativist upswings have proved ephemeral. The one we are witnessing today can be traced primarily to the uniquely powerful influence of Trump, the most successful purveyor of anti-immigrant sentiment in American history. But the admiration that the vast majority of Americans hold for immigrants cannot be extinguished by any man or woman, no matter how influential.

After all, most Americans understand that immigrants make America great.

Twitter: @TylerAnbinder

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

Beyond the vileness and lies of Trump’s White Nationalist, racist, xenophobia, Professor Anbinder’s article ends on an upbeat note:

Anti-immigrant attitudes have always been part of American culture. They have spiked periodically — in the 1850s, in the 1920s — but those nativist upswings have proved ephemeral. The one we are witnessing today can be traced primarily to the uniquely powerful influence of Trump, the most successful purveyor of anti-immigrant sentiment in American history. But the admiration that the vast majority of Americans hold for immigrants cannot be extinguished by any man or woman, no matter how influential.

After all, most Americans understand that immigrants make America great.

Unfortunately, the “upward arc of history” will be too late to save the many individual lives and futures daily destroyed by Trump’s White Nationalist hate campaign.

That’s why the “New Due Process Army” is fighting to save lives and protect the Constitutional, legal, and human rights of everyone.

PWS

11-11-19

9TH CIRCUIT’S CONTINUING SHAME: “Let ‘Em Die In Mexico” Program Was Ruled “Illegal From The Git Go” By Courageous U.S. District Judge – Then, 9th Intervened To “Open The Killing Fields” –  Empowered By Appellate Judicial Complicity, DHS Agents Now Simply Commit Fraud On Asylum Applicants & Their Lawyers By Returning Them To Mexico With Fake Hearing Dates!      

Gustavo Solis
Gustavo Solis
South Bay Reporter
San Diego Union-Tribune

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=1e0901c7-ba27-4d78-a71a-823c2481d392

 

Gustavo Solis reports for the San Diego Union-Tribune:

 

By Gustavo Solis

Asylum seekers who have finished their court cases are being sent back to Mexico with documents that contain fraudulent future court dates, keeping some migrants south of the border indefinitely, records show.

Under the Migrant Protection Protocols policy, asylum seekers with cases in the United States have to wait in Mexico until those cases are resolved. The Mexican government agreed to accept only migrants with future court dates scheduled.

Normally, when migrants conclude their immigration court cases, they are either paroled into the United States or kept in federal custody depending on the outcome of the case.

However, records obtained by the San Diego Union-Tribune show that on at least 14 occasions, Customs and Border Protection agents in California and Texas gave migrants who had already concluded their court cases documents with fraudulent future court dates written on them and sent the migrants back to Mexico anyway.

Those documents, unofficially known as tear sheets, are given to every migrant in the Migrant Protection Protocols program who is sent back to Mexico. The document tells the migrants where and when to appear at the border so that they can be transported to immigration court. What is different about the tear sheets that migrants with closed cases receive is that the future court date is not legitimate, according to multiple immigration lawyers whose clients have received these documents.

This has happened both to migrants who have been granted asylum and those who had their cases terminated — meaning a judge closed the case without making a formal decision, usually on procedural grounds. Additionally, at least one migrant was physically assaulted after being sent back to Mexico this way, according to her lawyer.

Bashir Ghazialam, a San Diego immigration lawyer who represents six people who received these fake future court dates, said he was shocked by the developments.

“This is fraud,” he said. “I don’t call everything fraud. This is the first time I’ve used the words, ‘U.S. government’ and ‘fraud’ in the same sentence. No one should be OK with this.”

The Department of Homeland Security and Customs and Border Protection did not respond to multiple requests to comment about why they had engaged in the practice.

Ghazialam first noticed this in September, when three of his clients were sent back to Mexico after their cases were terminated on Sept. 17. After the judge made his decision, the family spent 10 days in Customs and Border Protection custody.

On Sept. 27, the family was given a document that read, in part, “At your last court appearance, an immigration judge ordered you to return to court for another hearing.” That piece of paper told them to return to court on Nov. 28.

However, the immigration judge ordered no further hearing. Ghazialam’s clients do not have a hearing scheduled on that or any other day.

To confirm Ghazialam’s claims, a reporter called a Department of Justice hotline that people with immigration court cases use to check their status and dates of future hearings. That hotline confirmed that the family’s case had been terminated on Sept. 17 and that “the system does not contain any information regarding a future hearing date on your case.”

“That date is completely made up and the Mexican authorities are not trained enough to know this is a fake court date,” Ghazialam said.

After being returned to Mexico, the mother was stabbed in the forearm while protecting her children from an attempted kidnapping. She still has stitches from the wound, Ghazialam said.

The mother presented herself at the border shortly after the stabbing. She told Customs and Border Protection agents that she was afraid to stay in Mexico. The agents gave her a fear of return interview and tried to send her back to Mexico.

But this time, Mexican immigration officials refused to let her and her children back into Mexico because they did not have a court date, Ghazialam said. She is currently with relatives in New York, waiting to figure out the future of her legal status in the United States while wearing an ankle monitor.

In most of these cases, immigration attorneys aren’t aware that their clients were sent back to Mexico until it’s too late.

In one case, a Cuban asylum seeker was returned to Mexico after an immigration judge in Brownsville, Texas, granted her asylum.

The woman’s lawyer, Jodi Goodwin, remembers hugging her client after the decision and arranging a place to meet after authorities released her later that day following processing.

Goodwin expected the process to take 45 minutes, so she went to a nearby Whataburger and ordered a chocolate milkshake. About 40 minutes later, she got a phone call from her client.

“She was hysterical and crying,” Goodwin said. “I’m like, ‘What happened?’ and she says, ‘I’m in Mexico.’ ”

Goodwin called U.S. and Mexican immigration authorities to try to find out what happened. She spent five hours at the border until 9 p.m. and then went home to draft a lawsuit. It wasn’t until she threatened to sue CBP that her client was paroled into the United States.

“It was total chaos for 24 hours to try to figure it out,” Goodwin said. “It shouldn’t be like that, especially when CBP is blatantly lying. They are creating documents that have false information.”

The American Immigration Lawyers Assn. said it was worried about the practice.

“The idea that even though these vulnerable individuals are able to obtain an asylum grant from an immigration judge and CBP is sending them back to harm’s way in Mexico is really disturbing, especially under the guise that there’s a future hearing date,” said Laura Lynch, senior policy counsel for the organization.

Mexico’s National Institute of Migration did not immediately respond to questions about this practice.

Although Ghazialam and Goodwin were able to eventually get their clients back into the United States, some people are still in Mexico.

That’s what happened to a Guatemalan woman and her two children after a judge terminated their case on Oct. 18. The same day the judge closed their case, a U.S. immigration official gave her a piece of paper with the false hearing date of Jan. 16.

“But this appointment does not exist,” said the woman’s New York City attorney, Rebecca Press. “If you check with the immigration court system, there is no January hearing date and the case has already been terminated.”

It’s unclear how widespread this practice is. Lawyers in San Diego; Laredo, Texas; and Brownsville confirmed they have seen it firsthand.

However, only about 1% of asylum seekers in the Migrant Protection Protocols program have lawyers. Therefore it’s difficult to track what happens to the overwhelming majority of the people in the program.

Lawyers said asylum seekers without legal representation who have been sent back in this manner probably have no way of advocating for themselves. It took Goodwin hours of calls to high-level officials in both U.S. and Mexican immigration agencies plus the threat of a lawsuit to get her client back into the United States.

“If you don’t have someone who’s willing to sit around and spend five hours on the phone and stay up all night drafting litigation to force their hand, you’re going to be stuck,” she said.

As news of these false hearing dates spread among the immigration attorney community, some lawyers are taking proactive steps to protect their clients from being returned to Mexico after their court cases are closed.

Siobhan Waldron, a Los Angeles lawyer, wrote a letter to Mexican immigration officials explaining that her client had no future hearing date and outlined a step-by-step process Mexican officials could take to verify that her client’s case had been closed by using the Department of Justice hotline.

The letter worked at first.

When CBP officers tried to return Waldron’s client to Mexico on Nov. 1 with a false January hearing date, her client showed the note to Mexican officials, who refused to take her in. However, the next day, CBP officers sent Waldron’s client back to Mexico with another false court date and this time did not allow her to show Mexican officials her lawyer’s letter that she kept in a special folder, Waldron said.

“They didn’t let her take it out,” Waldron said. “They said, ‘You can’t present anything from that folder.’ ”

The lawyer plans to file “any complaint you can imagine” to CBP, the Department of Homeland Security and other regulatory agencies because “these agents need to be held accountable.”

Her client is still in Mexico, too afraid to walk outside because she has already been kidnapped and assaulted, Waldron said.

Solis writes for the San Diego Union-Tribune.

 

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

As my friend Laura Lynch points out, the individuals affected by this judicially-enabled outrage are not just “asylum applicants” – they include those who have been GRANTED ASYLUM as well as those whose removal proceedings were terminated because a U.S. Immigration Judge found that DHS ILLEGALLY SUBJECTED THEM to the “Let ‘Em Die In Mexico Program.”

The 9th Circuit’s horrible and incompetent handling of Innovation Law Lab v. McAleenan will live in infamy as a monumental judicial abdication of duty that has actually harmed or killed innocent asylum seekers while inspiring DHS to new heights of illegal behavior and contempt for our entire legal system.

Why have a “Judicial Branch” that won’t stand up for individual legal rights in the face of Executive tyranny, overreach, and downright fraud? What are these robed folks doing to earn their lifetime paychecks? And, given the quality and philosophy of many of Trump”s judicial appointments, rammed through a corrupt GOP Senate by “Moscow Mitch,” these are questions the majority of Americans might be asking for decades to come!

 

PWS

 

11-08-19

 

 

 

 

BIA NEWS: Judge Garry D. Malphrus Leapfrogs Into Acting Chair Job, As Two Of The Remaining “Voices Of Reason” Bite The Dust At Barr’s “Newly Packed” Falls Church Station Stop On The “Trump Deportation Express!”

BIA NEWS: Judge Garry D. Malphrus Leapfrogs Into Acting Chair Job, As Two Of The Remaining “Voices Of Reason” Bite The Dust At Barr’s “Newly Packed” Falls Church Station Stop On The “Trump Deportation Express!”

 

By Paul Wickham Schmidt

Exclusive for immigrationcourtside.com

 

Nov . 7, 2019. In a little noticed move, “Trump Chump” Attorney General Billy Barr in October advanced conservative GOP appointed Appellate Immigration Judge Garry D. Malphrus to the position of Acting Chair of the Board of Immigration Appeals in Falls Church Virginia. The move followed the sudden reputedly essentially forced “retirement” of former Chair David Neal in September.

 

Notably, Barr bypassed long-time BIA Vice Chair and three-decade veteran of the Executive Office for Immigration Review (“EOIR”) (which “houses” the BIA) Judge Charles “Chuck” Adkins-Blanch to elevate Judge Malphrus. Increasingly, particularly in the immigration area, the Trump Administration has circumvented bureaucratic chains of command and normal succession protocols for “acting” positions in favor of installing those committed to their restrictionist political program.

 

Like former Chair Neal, Vice Chair Adkins-Blanch has long been rumored not to be on the “Restrictionist A Team” at EOIR. Apparently, that’s because he occasionally votes in favor of recognizing migrants’ due process rights and for their fair and impartial treatment under the immigration laws.

 

For example, although generally known as a low-key “middle of the road jurist,” Vice Chair Adkins-Blanch authored the key BIA precedent Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014). There, the BIA recognized the right of abused women, particularly from the Northern Triangle area of Central America, to receive protection under our asylum, and immigration laws. That decision was widely hailed as both appropriate and long overdue by immigration scholars and advocates and saved numerous lives and futures during the period it was in effect.  It also promoted judicial efficiency by encouraging ICE to not oppose well-documented domestic violence cases.

 

Nevertheless, in a highly controversial 2018 decision, White Nationalist restrictionist Attorney General Jeff Sessions dismantled A-R-C-G-. This was an an overt attempt to keep brown-skinned refugees, particularly women, from qualifying for asylum. Matter of A-B –, 27 I&N Dec. 316 (A.G. 2018). Session’s decision was widely panned by immigration scholars and ripped apart by U.S. District Judge Emmet Sullivan, the only Article III Judge to address it in detail to date, in Grace v. Whitaker, 344 F. Supp. 3d 96 (D.D.C. 2018). Nevertheless, Matter of A-B- remains a precedent in Immigration Court.

 

In addition to the Malphrus announcement, sources have told “Courtside” that veteran BIA Appellate Immigration Judges John Guendelsberger and Molly Kendall Clark will be retiring at the end of December. While the current BIA intentionally has been configured over the past three Administrations to have nothing approaching a true “liberal wing,” Judges Guendelsberger and Kendall Clark were generally perceived as fair, scholarly, and willing to support and respect individual respondents’ rights, at least in unpublished, non-precedential decisions.

 

This was during an era when the BIA as a whole was moving in an ever more restrictive direction, seldom publishing precedent decisions favoring or vindicating the rights of individuals over DHS enforcement. Additionally, under Sessions and now Barr, the BIA has increasingly been pushed aside and given the role of “restrictionist enforcer” rather than “expert tribunal.” The most significant policies are rewritten in favor of hard-line enforcement and issued as “precedents” by the Attorney General, sometimes without any input or consultation from the BIA at all.

 

The BIA’s new role evidently is to insure that Immigration Judges aggressively use these restrictionist precedents to quickly remove individuals without regard to due process. Apparently, this new role also includes promptly reversing any grants of relief to individuals, thus insuring that ICE Enforcement wins no matter what, and actively discouraging individuals from daring to use our justice system to assert their rights. To this end, Barr’s six most recent judicial appointments to the BIA, part of an obvious “court-packing scheme,” are all Immigration Judges with asylum denial rates far in excess of the national average and reputations for being unsympathetic, sometimes also rude and demeaning, to respondents and their attorneys.

 

Indeed, adding insult to injury, Barr’s latest regulatory proposal would give a non-judicial official, the EOIR Director, decisional and precedent setting authority over the BIA in certain cases. This directly undoes some of the intentional separation of administrative and judicial functions that had been one of the objectives of EOIR.

 

Judge Guendelsberger was originally appointed to the BIA by the late Attorney General Janet Reno in 1995. However, as a member (along with me) of the notorious due process oriented “Gang of Five,” he often wrote or joined dissents from some of the BIA majority’s unduly restrictive asylum jurisprudence. Consequently, Judge Guendelsberger and the rest of the “Gang” were “purged” from the BIA by Attorney General John Ashcroft in 2003.

Reassigned to “re-education camp” in the bowels of the BIA, Judge Guendelsberger worked his way back and was “rehabilitated” and reappointed to the BIA by Attorney General Eric Holder in August 2009. This followed several years as a “Temporary Board Member,” (“TBM”). The TBM is a clever device used to conceal the dysfunction caused by the Ashcroft purge by quietly designating senior BIA staff as judges to overcome the shortage caused by the purge and irrational BIA “downsizing” used to cover up the political motive for the purge. TBMs are also disenfranchised from voting at en banc, thus insuring a more compliant and less influential temporary judicial workforce.

Judge Guendelsberger was the only member of the “Gang of Five” to achieve rehabilitation. However, his former “due process fire” was gone. In his “judicial reincarnation” he seldom dissented from BIA precedents. He even joined and authored decisions restricting the ability of refugees to qualify for asylum based on persecution from gangs that the governments of the Northern Triangle were unwilling or unable to control or were actually using to achieve political ends.

Indeed, his later public judicial pronouncements bore little resemblance to the courageous and often forward-looking jurisprudence with which he was associated during his “prior judicial life” with the “Gang of Five.” Nevertheless, he continued to save lives whenever possible “under the radar screen” in his unpublished decisions, which actually constitute the vast bulk of a BIA judge’s work.

Judge Kendall Clark was finally appointed to a permanent BIA Appellate Judgeship by Attorney General Loretta Lynch in February 2016, following a lengthy series of appointments as a TBM. Perhaps because of her disposition to recognize respondents’ rights in an era of sharp rightward movement at the BIA, she authored few published precedents.

However, she did write or participate in a number of notable unpublished cases that saved lives at the time and advanced the overall cause of due process. She also had the distinction of serving as a Senior Legal Advisor to four different BIA Chairs (including me) from 1995 to 2016.

Thus, the BIA continues its downward spiral from a tribunal devoted to excellence, best practices, due process, and fundamental fairness to one whose primary function is to serve as a “rubber stamp” for White Nationalist restrictionist enforcement initiatives by DHS. The voices of reasonable, thoughtful, scholarly jurists like Judges Guendelsberger and Kendall Clark will be missed.

They are some of the last disappearing remnants of what EOIR could have been under different circumstances.  Their departure also shows why an independent Article I Judiciary, with unbiased judges appointed because of their reputations for fairness, scholarship, timeliness, teamwork, and demonstrated respect for the statutory and constitutional rights of individuals, is the only solution for the current dysfunctional mess at EOIR.

PWS

11-07-19

 

 

 

ADMINISTRATION CONTINUES TO PILE UNPRECEDENTED CRUELTY ON ASYLUM SEEKERS!  — Latest Target Is Work Authorization!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

 

Bess Levin writes for Vanity Fair:

 

TRUMP ADMIN HAS A CRUEL NEW PLAN TO HURT ASYLUM-SEEKERS

Just when you thought it couldn’t get more evil, it rose to the occasion!

BY

BESS LEVIN

NOVEMBER 4, 2019

One of the regular themes of the Trump administration is the idea that there’s no way it will be able to continue outdoing itself when it comes to wildly evil policies. And yet, on a near-daily basis, it rises to the occasion! While its evilness does not discriminate—women, Democrats, the LGBTQ+ community, Muslims, pro athletes, the poor, and the media all get a taste—very often it relates to immigrants, with Team Trump finding new and inventive ways to demonize them and make their lives miserable. Recently that‘s involved deporting kids with cancer, and now it extends to refusing to allow asylum-seekers who work when they come to the U.S.

NBC News reports that the administration is working on a proposal to prevent asylum-seekers from applying for work permits for at least a year after they enter the country. Yes, the same administration under which visa denials for poor Mexicans have “skyrocketed”, and which announced in August that new factors that will count against green card applicants will include not having the money to cover “any reasonably foreseeable medical costs” related to a medical condition, having been approved to receive a public benefit, “financial liabilities,” and a low credit score, among other things. Obviously not being allowed to work for at least a year will no doubt contribute to the likelihood that people will be forced to turn to welfare, or force them to work in the shadow economy. It also doesn’t make a lot of sense for an administration that clearly prefers upwardly mobile immigrants, unless, of course, the point of the policy was to put such individuals between a rock and a group of assholes, and simply discourage them from coming to the country altogether.

The policy is expected to be discussed at a meeting Monday afternoon between Kevin McAleenan, the outgoing acting Homeland Security secretary, and heads of agencies for the U.S. Citizenship and Immigration Services and Immigration and Customs Enforcement, according to two of the officials. And it is meant to target Mexican families seeking asylum, a demographic that has recently risen while the number of Central Americans has decreased since May.

One of the DHS officials said proponents of the policy believe prolonging the period when Mexicans are not allowed to work while they wait for their claim will deter them from coming to the U.S. in the first place…DHS did not respond to a request for comment.

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Of course, the intent here is to discourage individuals from making the asylum applications that U.S. law entitles them to, but that Trump, with help from complicit courts, has all but extinguished without any legislative changes from Congress.

So, first the Trump Administration artificially and intentionally inflates the Immigration Court backlog through “Aimless Docket Reshuffling,” so that applications take much longer than they should in a fair and professionally administered system. Then they penalize the victims.

 

Meanwhile, the Article III Courts, who should have put an end to this unconstitutional nonsense long before now, continue to compound the problem by allowing a biased, xenophobic Administration to run a major court system as a branch of DHS enforcement.

 

Also, it’s important to remember that these outrages are happening on the watch of “Big Mac With Lies.” Those who care about honest public service and American justice should make a point not to allow “Big Mac” to “reinvent” himself to profit from his wrongdoing and the pain and suffering he has unnecessarily inflicted on asylum seekers and others entitled to justice in America but finding none during “Big Mac’s” tenure as “Trump’s Acting Toady.”

 

Of course, things are going to continue to get worse for humanity when Trump’s new “Acting Toady of Homeland Security,” Chad Wolf takes over.

 

PWS

 

11-06-19

 

 

 

 

TRAC DOCUMENTS “MALICIOUIS INCOMPETENCE” IN EOIR‘S STATISTICS: “Of greatest concern is the lack of commitment from EOIR to ensuring the public is provided with accurate and reliable data about the Court’s operations.”

 

Incomplete and Garbled Immigration Court Data Suggest Lack of Commitment to Accuracy

TRAC recently discovered gross irregularities in recent data releases from the Executive Office for Immigration Review (EOIR), the agency that oversees the US immigration court system. After attempting – unsuccessfully – to work with the EOIR to fix these problems, TRAC decided to make public our observations of the quality of the agency’s public data releases as well as express our concerns about the lack of commitment within the agency to responsible data management.

Policymakers and the public routinely put their faith in federal agencies to provide complete and accurate information about their work. The value of government transparency is even higher in the area of immigration law and the Immigration Courts, which have become topics of considerable concern for Americans from all walks of life and for all three branches of government. In the present context, TRAC views concerns about EOIR’s data inconsistencies – outlined below – as substantive, ongoing, and in need of prompt attention. Of greatest concern is the lack of commitment from EOIR to ensuring the public is provided with accurate and reliable data about the Court’s operations.

“Significant Errors” in Past EOIR Data

This is not the first time the public has identified significant inaccuracies in EOIR’s reported data. For instance, the Supreme Court of the United States relied upon figures provided by the EOIR as the basis for a major ruling affecting ICE detention practices. After the Supreme Court decided the case, the public discovered that the figures provided by the EOIR were fundamentally wrong. The EOIR did not uncover the data irregularities on its own. The EOIR’s mistakes were only recognized because the public obtained the underlying data through a Freedom of Information Act (FOIA) request and identified the relevant discrepancies.

After the public alerted the government to its inaccuracies, in 2016 the U.S. Solicitor General was compelled to issue a formal letter to the Supreme Court apologizing for providing inaccurate data. The following excerpt of the Solicitor General’s letter on August 26, 2016 attests to this error:

“This letter is submitted in order to correct and clarify statements the government made in its submissions. … EOIR made several significant errors in calculating those figures. … This Court’s opinion cites figures that ‘EOIR ha[d] calculated,’ …, and those are, in fact, the figures EOIR had calculated, albeit incorrectly. … The Court therefore may wish to amend its opinion…” (emphasis added)

This example illustrates the very real danger posed by the EOIR’s mishandling of data, as well as the value to society – and the government itself – of ongoing oversight through Freedom of Information Act (FOIA) requests. Despite the EOIR’s past data mistakes, however, the quality of the agency’s data releases has recently declined to unacceptable levels, as we discuss in the following section.

Recent Data Trouble at the EOIR

As a result of TRAC’s ongoing FOIA requests, the Executive Office for Immigration Review releases a large batch of anonymized data about Immigration Court cases every month. Statistics on the operation of the Immigration Courts largely rely on information kept in a massive database maintained by the EOIR. The EOIR records information on each matter filed with the court and tracks subsequent events as the Court processes each case. This data is central to the Court’s ability to efficiently and effectively manage its workload.

Although this data is highly valuable to policymakers and the public, the EOIR’s mishandling of the data undermines its accuracy and public value. These data problems have been occurring with increasing regularity. Severe irregularities with the September 2019 data release set a new low.

On October 9, 2019, the EOIR responded to TRAC’s FOIA request for updated case-by-case data through September 2019. TRAC promptly began processing the data in order to update TRAC’s online tools and reports, and discovered serious inconsistencies that made the data unusable. TRAC alerted the EOIR to the problems we uncovered. The chronology below summarizes the cycle of data mishandling for the September data release, and TRAC’s attempts to work with the EOIR to obtain complete and corrected data.

  1. Data Release, Batch 1. The initial release of the EOIR’s September data included 11 separate files of records on Immigration Court proceedings that were incorrectly formatted. The garbled data resulted in substantial confusion over the relationship between certain variables and values, with some values appearing to apply to the wrong variables in the file. If potential users were even able to read the garbled data, one could reach entirely erroneous conclusions about court events. As soon as TRAC discovered these issues, it alerted the EOIR directly. EOIR promised to look into the matter.
  2. Data Release, Batch 2. In response to TRAC’s notification, the EOIR replaced the first release with a second release and informed TRAC that the problems had been fixed. However, when TRAC processed the second release, it found that while the first set of problems had been fixed, an entirely new set of problems had occurred. In Batch 2, thousands of records of court proceedings and 2.8 million records on scheduled hearings – hearings and proceedings which were included in the first release – had entirely disappeared. TRAC alerted the EOIR directly to the new set of data inconsistencies. EOIR promised once again to look into the matter.
  3. Data Release, Batch 3. The EOIR informed TRAC that it had fixed these new problems, and that TRAC could trust Batch 3 of the EOIR’s data release. Note that EOIR doesn’t change the labels it uses for each release; the file name remains the same and hence on its face indistinguishable from any previous release. After processing millions of records contained in the series of separate tables that made up the new release, TRAC found that problems in batch three were identical to problems in batch two. We again notified EOIR that the problems remained. At first EOIR insisted that TRAC was wrong and that the problems had been fixed. It later emerged that while the General Counsel’s office of EOIR (TRAC’s point of contact) believed a third and corrected release was being supplied, the files had not been changed but were actually the same files that TRAC had received in Batch 2.
  4. Data Release, Batch 3 (cont.) TRAC was finally provided access to what was again billed as the corrected September release. TRAC again processed these files. This time, based on total record counts it appeared that the missing 2.8 million records on scheduled hearings had reappeared. However, some court proceedings that had been contained in Batch 1 were still missing. And there were still other puzzling omissions which we describe in more detail below.

After this series of mistakes, TRAC urged the agency to implement basic quality control procedures to ensure that the EOIR’s data releases to the public were not inadvertently garbled or incomplete. Moreover, TRAC expressed concern about the EOIR’s underlying data management practices which posed a risk to both the public and the government if left unaddressed. We conveyed these concerns to EOIR noting specifically:

“There are standard procedures that anyone in charge of maintaining databases use. The pattern of repeatedly releasing files which are either unreadable or incomplete demonstrates the agency’s standard operating procedures are woefully inadequate.

This really needs to be taken seriously. Without answers to our questions that get to the bottom of what occurred, identifying what went wrong, and implementing a plan to catch mistakes before the agency publicly distributes bad data, means that history will keep repeating itself.”

On Friday, October 25, 2019, while admitting mistakes had been made, the EOIR dug in its heels. The agency responded to TRAC’s entreaties by sidestepping the underlying issue and avoiding responsibility for its routine inaccuracies:

“[T]he FOIA [Freedom of Information Act] does not require the Agency to create records in response to your specific questions, nor to certify the accuracy of data contained in responsive documents.”

TRAC was forced to take note of the EOIR’s unwillingness to fully correct their mistakes and to work with the public to resolve the declining quality in their data releases.

The Case of the EOIR’s Disappearing Data

After recognizing the seeming inability of EOIR to produce a correct and complete data release for September 2019, TRAC began digging deeper into the problem.

Our concern about EOIR’s data was already heightened. We recently discovered that some months ago the EOIR had begun silently deleting swaths of records in their entirety from the data releases that we and other members of the public received. EOIR belatedly told us that withholding of entire records was necessary to protect immigrants’ privacy. This rationale was perplexing since these records were already anonymized and all identifying details deleted. Regardless of the EOIR’s justification for withholding the records, the agency had started making these deletions without alerting us that it was doing so, and failed to mark the data in any way to indicate the magnitude of the deletions or indicate in which files the deletions occurred.

TRAC is in a fairly unique position to examine this problem. For many years, TRAC has been regularly requesting snapshots of anonymized data from EOIR’s database as part of our mission to provide the public (and often other government agencies themselves) with access to reliable, accurate data about the Immigration Courts. Because we receive and retain these monthly snapshots, we are able to monitor changes in these releases over time and assess whether releases are incomplete or inaccurate in some other way.

Therefore, TRAC undertook a careful comparison by matching the records received in the September 2019 release against the EOIR’s release for the previous month, August 2019, and with the release we received a year ago for September 2018. This time we matched records based on unique identification numbers rather than simply comparing total record counts. This allowed us to identify records which the EOIR released in the past but were missing entirely from the current shipment.

The results of this comparison were sobering. Compared to the August 2019 release, the (allegedly-accurate) final September 2019 release was inexplicably missing more than 1,500 applications for relief that were present the previous month. We further found that 896,906 applications for relief which were present in the September 2018 release from a year ago were missing from the September 2019 files we received. This discrepancy of nearly a million records largely occurred because the EOIR appears to have started silently but systematically deleting records.

Compared to the data from August 2019, the EOIR’s files for September were also missing records on over 600 charges DHS had filed. Also missing were over 700 case and/or court proceeding records, and over 900 records on scheduled hearings. An additional 1,200 records flagging various specific types of cases were also missing. For context, this flagging system is used to identify juveniles, recently arrived families seeking asylum, and immigrants required to remain in Mexico under the Migration Protection Protocols, and other special cases.

When the records in the September 2019 release TRAC received were matched with those from the September 2018 release a year earlier, the problems we uncovered multiplied. It was clear that the problem of missing records grew by leaps and bounds with the passage of time.

EOIR Data Management: Problems and Solutions

Based on the investigation above, TRAC identified key gaps in the EOIR’s data verification procedures that lead to unreliable and inaccurate data releases.

  1. Unintentional data removal. The EOIR’s data is inconsistent because the agency apparently does not perform a simple yet essential data verification step: it does not compare the number of records in its source database and the number of records in its released files to ensure that no records have been lost along the way. This is not merely a best practice. It is an industry standard for agencies managing large databases, and it is a routine practice in many of the EOIR’s peer agencies that provide large data releases to TRAC.
  2. Intentional data removal. The EOIR also does not appear to be keeping track of intentionally deleted records. If the EOIR is screening out records for specific reasons, then the number withheld for each reason in a file should be counted and these counts provided. The number withheld plus the number released should match the total number of records read in to ensure reliability.
  3. Garbled data releases. The EOIR is paying insufficient attention to how data releases are produced and formatted. Columns and rows in each table need to properly line up; otherwise information becomes garbled. And since EOIR’s database consists of many closely interconnected tables, copying data in individual tables at widely separated points in time inherently means the information will be out of sync.
  4. Possible data deletion in master database. Deletions of the EOIR’s original source records need to be carefully tracked and procedures in place to prevent unauthorized deletions from occurring. If applied systematically, such a verification process would also pinpoint whether there were deletions made in EOIR’s original source records. Any suspicious deletions need to be investigated to ensure the integrity and completeness of this master database is maintained.

If the EOIR does not implement basic data verification procedures, the public cannot tell if records were intentionally withheld and why they were withheld, or if records were accidentally omitted during the data copying process. The failure to address these problems also means that the public has no way to test for potential problem areas in EOIR’s underlying master data files.

Accuracy, Reliability, Cooperation

Under any circumstance, maintaining a massive database of this nature is challenging. Clearly it requires the resources necessary for day-to-day operations. More fundamentally, however, it requires a commitment on behalf of the agency to provide the public with complete, accurate, and reliable data about the agency’s operations. When TRAC uncovered unexplained data issues in the past, we have brought them to the attention of the EOIR and generally found the agency to be fairly responsive and committed to ensuring accurate reporting. The recent change in posture is therefore concerning. Moreover, because EOIR’s data are relied upon as part of the official record of court filings and proceedings that have taken place, one should not expect official records to simply go missing without explanation.

It is deeply troubling that rather than working cooperatively with TRAC to clear up the reasons for these unexplained disappearances, the agency has decided to dig in its heels and insist the public is not entitled to have answers to why records are missing from the data EOIR releases to the public. TRAC urges the EOIR to take the basic steps necessary for managing any large database, especially a database of as inestimable value and relevance as the one EOIR maintains for the Immigration Courts.

TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. For more information, to subscribe, or to donate, contact trac@syr.edu or call 315-443-3563.

 

Report date: October 31, 2019

 

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Without accurate data, there can be no effective oversight, by Congress, the Judiciary, or the public (which contrary to their nasty attitude, is whom EOIR actually serves). TRAC’s experience with “malicious incompetence” is typical of the Trump Administration’s “stonewalling” and disregard of honesty and public service. They are too busy denying Due Process and evading the law to bother with facts.

Quality is simply not a factor, or even an objective, at the “New EOIR!” Unfortunately, that’s true not only in record keeping, but also in making life or death adjudications.

The only thing that makes any difference in this Administration is a preconceived White Nationalist agenda that has absolutely nothing to do with facts or public service and everything to do with racism, xenophobia, and political pandering. Obviously, because facts and data don’t support, and typically directly refute, this Administration’s draconian anti-immigrant initiatives, they have no interest in the truth or accuracy. Indeed, as in most things, facts and truth are quite damaging to the Trump Administration’s programs.

There is absolutely no excuse for EOIR’s continued existence. Much of the information that EOIR feeds to the Judiciary, through DOJ attorneys, is misleading, inaccurate, or perhaps even fabricated. By not putting a stop to EOIR’s nonsense and non-responsiveness, both Congress and the Article III Courts are demeaning themselves and shirking their Constitutional responsibilities.

PWS

11-01-19