⚖️ “SIR JEFFREY” CHASE & CAMILA BUSTOS TAKE ON TOPIC OF CLIMATE REFUGEES IN LATEST “JUST SECURITY!”

Camila Bustos Clinical Supervisor in human rights practice at the University Network for Human Rights, Visiting Assistant Professor of Human Rights at Trinity College. PHOTO: Just Security

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

https://www.justsecurity.org/84092/tackling-climate-change-displacement-at-cop27/

As severe weather patterns intensify, climate change will continue to displace communities across the globe. The World Bank estimates that there could be more than 143 million people internally displaced by slow-onset disasters in Latin America, Sub-Saharan Africa, and Southeast Asia by 2050. Populations with the least capacity to respond and adapt to a changing climate are more likely to suffer from the worst impacts.

States have a responsibility to ensure that individuals displaced because of climate change impacts are treated with respect and dignity. Yet international law does not recognize climate displacement as a subject warranting special protection or status. The 1951 Refugee Convention only recognizes persecution on account of five protected grounds (nationality, race and ethnicity, political opinion, religion, or particular social group), leaving those fleeing environmental disasters under circumstances not attributable to those specified reasons without protection.

Despite the urgent need for action, governments have been slow in creating pathways to protect climate-displaced people. If anything, increasing militarized approaches to migration flows and national security rhetoric has permeated mainstream discourse on climate migration. Discussions about “economic migrants” and which groups are deserving of international protection distract from real solutions that can provide relief and uplift the dignity of individuals displaced by climate. Also concerning is the fact that authoritarian governments have leveraged the ongoing United Nations Climate Change Conference (COP27) to either greenwash their image or exclude environmental advocates from accessing the climate talks.

Although climate migration is not on its official agenda, COP27 offers an opportunity for international climate negotiators and advocates to tackle the issue in three ways: (1) promote changes in domestic legal frameworks that will protect internally displaced populations; (2) raise awareness of how existing legal protections under asylum frameworks intersect with climate change; and (3) guarantee climate finance pledges are met by mobilizing funds dedicated to adaptation and mitigation.

. . . .

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Read Jeffrey’s and Camila’s article “at the link.” Another classic example of timely “practical scholarship” written in plain English and accessible to a wide range of readers.

It’s discouraging, but not surprisingly, that nations, including ours, wasting billions on gimmicks to AVOID their obligations under the existing, inadequate Geneva Refugee Convention and Protocol are not anxious to engage on the real effects of climate migration. But individuals facing death under sand or under water as our climate changes are NOT going to go quietly and submissively into the night. 

Nations, like ours, whose politicians think that power, cruelty, denial, and misinformation — the “head in the sand” approach — will win the future eventually must confront the realities of climate change and human migration whether they find it convenient and politically advantageous or not. On the other hand, those nations that are able to recognize both the power and inevitability of migration, and are smart enough to “go with the flow,” rather than futilely attempt to “dam it up” or divert it will eventually gain the upper hand.

🇺🇸Due Process Forever!

PWS

11-21-22

ALERT: Judge Sullivan “Reluctantly” Grants DHS Temporary Stay Until Dec. 22, 2022 To Reinstate Rule Of Law For Asylum Seekers!

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/judge-permanently-enjoins-cdc-border-blockade-title-42-as-of-dec-22-2022

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Let’s look at this in perspective. Biden ran in 2020 on a platform of ending Title 42 and restoring asylum processing at the border. Almost two years later, after illegally returning hundreds of thousands of asylum seekers without any process at all, his Administration still lacks a coherent, transparent plan to implement asylum law at the border. This wasn’t “rocket science” as there had been an operating asylum system at the border for approximately four decades, since the enactment of the  Refugee Act of 1980, until Trump illegally ended it.

After more than a year of dawdling, the Administration eventually, reluctantly, set a May 23, 2022 date to “lift” the illegal Title 42 “blockade,” giving GOP nativists more than ample time to block it.

In the meantime, they squandered time, money, and goodwill thinking of ways to actually extend the illegal removals. Their “defense” of  lifting Title 42 was, predictably, half-hearted and inept. Not surprisingly, they were enjoined by nativist right wing judges. Reportedly, many Administration officials breathed a “sigh of relief” that the GOP nativists and their “wholly owned judges” had “bailed them out” from having to actually restore the asylum system and make good on their campaign promises.

Now, another six months have gone by. Garland and Mayorkas still are “not ready for prime time.” Sounds like they thought their “regime of illegal returns” would last forever!

Casts doubt on the good faith of their claim that they wanted to end Title 42 in the first place. Almost all Administrations, once in office, get enamored of the idea that “because it’s only immigrants” they don’t have to treat them as humans. What’s another month of law violations after two years and hundreds of thousands of human rights abuses?

I have little confidence that there will be a functional, due process compliant, asylum system on Dec. 22 at the border. I’m not aware that DHS and EOIR even have the properly trained qualified personnel to correctly and efficiently apply asylum law. There is no known plan for working with the pro bono bar to insure representation and prioritize the many potentially grantable cases.

There is certainly a mind-boggling “leadership void” at both DHS and DOJ on refugee, asylum, and human rights issues. The ill-advised “gimmicks” and “corner-cutting” that Garland and Mayorkas have substituted for competence and expertise in “recently arrived” asylum cases have resulted in elevated denials, hindered representation, and alienated the pro bono bar and human rights NGOs. The latter have far more expertise in asylum law and better ideas on how to efficiently and fairly process refugees and asylees than anyone at either DHS or EOIR. Yet, the experts have intentionally been “frozen out” of the decision-making process.

Additionally, and stunningly, Garland has gone out of his way to alienate and demoralize the already stressed and overextended immigration bar with a insane dose of  “Aimless Docket Reshuffling.” Setting “D-Day” for reinstating the law, three days before the Christmas holiday, also seems highly problematic. What could possibly go wrong with a system run by politicos who have spent two years avoiding providing fair hearings to asylum seekers?

In the vacuum created by the Biden Administration’s incompetence and lack of leadership, racist GOP governors have taken control of “asylum resettlement” and conducted it in ways calculated to cause the most disruption, cruelty, and suffering for the political pawns (actually humans) that Biden has abandoned.

This does not sound like a “dressed for success” plan to restore a fair and efficient asylum system. But, after two years of adapting and using clearly illegal methods instead of competently handling human rights issues, the Biden group has gotten very used to  “programmed failure” and shifting the blame to Trump (out of office since Jan. 20, 2021), the hapless victims, and their lawyers.

I hope I’m wrong. But, I strongly suspect that it’s going to take more than Judge Sullivan’s order to end the disingenuous “Miller Lite” approach to immigration within the Biden Administration and usher in an era of expertise, competence, integrity, and courage in addressing human rights.

🇺🇸Due Process Forever!

PWS

11-18-22

 

 

🇺🇸 SANE, COMPASSIONATE CONSERVATIVE WHO STOOD AGAINST GOP’S EMBRACE OF TRUMPISM, HATE, LIES, GONE FAR, FAR TOO SOON — Michael Gerson (1964 – 2022)

Michael Gerson
Michael Gerson
1964 – 2022
Columnist
Washington Post

Here’s Karen Tumulty’s moving and heartfelt tribute to her colleague from today’s WashPost:

https://www.washingtonpost.com/opinions/2022/11/17/michael-gerson-faith-america-better/

One of the biblical injunctions sometimes cited by Michael Gerson, who died Thursday at the age of 58 after a long battle with cancer, comes from the New Testament book of Colossians: “Let your conversation be always full of grace, seasoned with salt, so that you may know how to answer everyone.”

That advice works not only for Christian believers such as he was, but also in the sometimes brutal political world in which he made his mark. He was a presidential speechwriter whose own words were, indeed, singularly seasoned and notably full of grace. For the past 15 years, he enriched the pages of this newspaper as a columnist for the Opinions section.

Michael Gerson from 2013: Saying goodbye to my child, the youngster

But civility, as Mike also noted, does not preclude tough-mindedness. Nor should it be mistaken for a lack of principles or perspective. His own were rooted in the faith that fueled and defined his involvement with politics, and he was scorching in his assessment of his fellow evangelicals when theirs took what he saw as a more cynical turn. In a September essay, he wrote these supposedly conservative Christians “have broadly chosen the company of Trump supporters who deny any role for character in politics and define any useful villainy as virtue. In the place of integrity, the Trump movement has elevated a warped kind of authenticity — the authenticity of unfiltered abuse, imperious ignorance, untamed egotism and reflexive bigotry.”

“This,” Mike wrote, “is inconsistent with Christianity by any orthodox measure.”

 

Mike and I were colleagues and friends whose paths crossed pretty regularly. One place we spent time together was at semiannual conferences in Florida known as the Faith Angle Forum, where people gather to discuss religion and politics.

It was during one of those meetings in 2014 that, for the first and only time, I saw Mike get angry — really angry.

 

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I was seated next to him for a session on religious conflict and the future of the Middle East, in which one of the speakers was Elliott Abrams, a fellow George W. Bush White House veteran who had served as deputy national security adviser for Middle East policy.

“It used to annoy me enormously when President Bush, for whom I was working, would say Islam is a religion of peace,” Abrams said, “because the real response to that is ‘Where is your theology degree from?’ ”

As Abrams continued along those lines — at one point claiming the “average American” was justified in thinking “this is crap … because all these people who are doing beheadings are Muslims” — I could feel Mike grow tense in the chair next to me. He waited his turn to be called upon, and then he confronted his former colleague.

“We praise Islam, and every president from now on will praise Islam on religious holidays because there are millions of peaceful citizens who hold this view,” Mike said. “It’s also a theologically sophisticated view, as opposed to what you’re arguing … every tradition, religious tradition, has forces of tribalism and violence in its history, background, of theology, and every religious tradition has resources of respect for the other.”

He added: “That is a great American tradition that we’ve done with every religious tradition that comes to the United States, included them as part of a national enterprise and praised them for their strongly held religious views and emphasized those portions that are most compatible with those ideals.”

As deep as his own Christian religious beliefs were, Mike was tolerant, accepting, even admiring of those who prayed differently. And while he was by and large a social conservative, Mike knew that not every question involving faith and truth could be resolved along the bright battle lines of the culture wars, or literally be set in scripture.

He celebrated gay pride month and argued that our scientific understanding of the genetic basis of sexual orientation has come a long way since the Apostle Paul’s time. But he also believed that religious institutions, including schools and charities, should have leeway to shape their own standards.

And Mike was open about the times in his life when he had his own doubts about what God had in mind for him. In 2019, he spoke frankly and publicly about being hospitalized for depression, delivering a powerful sermon at the National Cathedral and then a column for The Post.

A few days earlier, Mike and I had lunch. The speechwriter who had written so many words for others told me he was nervous about baring himself so publicly, and he asked if I would read a draft. He also confided that he had been living in a shadow where, at times, he wondered whether those who meant the most to him would be better off — unburdened — if he weren’t around.

In his sermon, he put it this way: “I suspect that there are people here today — and I include myself — who are stalked by sadness, or stalked by cancer, or stalked by anger. We are afraid of the mortality that is knit into our bones. We experience unearned suffering, or give unreturned love, or cry useless tears. And many of us eventually grow weary of ourselves — tired of our own sour company.”

Mike combined his lived faith with his gift for expression to offer a hand to others — showing that they are not alone in the dark. “Even when strength fails, there is perseverance,” he said in his sermon. “And even when perseverance fails, there is hope. And even when hope fails, there is love. And love never fails.”

Now, his unearned suffering has ended, and those he touched, including many who never met him in person, will so deeply miss Michael Gerson’s company. His grace was a blessing, and we need it more than ever.

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Go the above link for pictures and a selective compendium of Mike’s writings.

Mike was a voice for what modern American conservatism could and should have been: “a conservatism of the common good that argues that we need to orient our policies towards people that might not even vote for us.”

  https://www.washingtonpost.com/obituaries/2022/11/17/michael-gerson-speechwriter-post-dies/

I enjoyed reading Mike’s thoughtful, well-expressed, views in the WashPost, even when I disagreed with him. In particular, I agreed with his call-out of “false Christians:” Evangelicals who aligned themselves with the most un-Christian President in history and his vile “secular theology” of hate, lies, racism, selfishness, cruelty, and degradation of humanity.

Mike will be missed.

PWS

11-18-22

☠️🤯🤮🚫 AFTER WINNING YEARS-LONG BATTLE TO STOP ILLEGAL REFUGEE REMOVALS BY TRUMP & BIDEN, WEARY HUMAN RIGHTS ADVOCATES FACE DAUNTING NEW CHALLENGE: Garland’s Dysfunctional Due-Process-Denying “Courts” — Key Empirical Info Lacking, But We Do Know One Important Thing: Garland’s Latest Docket “Gimmick” — Time Limits — Sharply Reduces Chances Of Success, From Probable Grant (52%) To Likely Denial! — Quality Control & Grotesque Inconsistencies Remain Unaddressed In Dem AG’s “Race To Deny” Legal Protection!🤮

Judge Roy Bean
“Judge” Roy Bean (1825-1903)
American Saloon Keeper & “Jurist”
Public Realm
His reputation for “rough justice” in the West would be right at home in the “Asylum Free Zones” of Garland’s EOIR. Bean “was once trying a Mexican on a charge of horse stealing and his charge was the shortest on record: Gentlemen of the Jury, there’s a greaser in the box and a hoss missing. You know your duty, and they did.”

Here’s the latest analysis of Garland’s ongoing abuse of his office from Austin Kocher, PhD, at TRAC:

https://trac.syr.edu/reports/702/

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Alfred E. Neumann
Has Alfred E. Neumann been “reborn” as Judge Merrick Garland? “Not my friends or relatives whose lives as being destroyed by my ‘Kangaroo Courts.’ Just ‘the others’ and their immigration lawyers, so who cares, why worry about professionalism, ethics, and due process in Immigration Court?”
PHOTO: Wikipedia Commons

If someone NOT Merrick “What Me Worry” Garland (the “Alfred E. Neumann of Biden’s immigration bureaucracy”) took a look at the data, one major thing would jump out! There are likely more than 400,000 refugees entitled to asylum sitting in Garland’s 770,000 case asylum backlog (52% x 770,000). (The asylum backlog at EOIR is a “subset” of Garland’s largely self-inflicted, ever mushrooming, nearly 2 million case EOIR backlog — more judges have produced more backlog, so that’s likely NOT the answer here). 

And, this is in a system currently governed by skewed anti-asylum BIA “precedents” and a chronic “anti-asylum culture” actively encouraged and fed by the Trump Administration. In a properly staffed and functioning court system with qualified, due-process oriented, judges and an expert BIA that enforced some decisional consistency and properly and generously interpreted asylum law, a “grant rate” of 75% or more would be a plausible expectation.

Given the obvious (and I would argue intentional) lack of reliable data on how a legitimate asylum system, one consisting at all levels of judges with well-recognized expertise in asylum law and human rights, and overseen by competent, due-process-oriented judicial administrators, might function, the 75% figure is just an “educated guesstimate.” But, it matches my own personal experience over 13 years on the bench in the (now defunct) Arlington Immigration Court. 

It’s also in line with my recent conversations with the head of one of the largest NGOs in the DMV area involved in meeting busses and counseling those “orbited” from the Southern border by the racist/nativist GOP Govs that Biden, curiously, has chosen to run our domestic refugee resettlement program. This is a person who, unlike Garland, his lieutenants, and most of the other politicos and nativist blowhards participating in the “border travesty,” actually spent years of a career representing individuals in Immigration Court. They estimated that “at least 70%” of the “arriving bus riders” had very viable asylum claims. 

This is a far cry from the nativist, restrictionist myths promoted by both the Trump and Biden Administrations — obviously to cover up their gross human rights violations in knowingly and illegally returning hundreds of thousands of legal refugees to danger zones! Many human rights experts would consider such gross misconduct to be “crimes against humanity.” Consequently, it doesn’t take much imagination to see why self-interested scofflaw officials like Garland, Mayorkas, and White House advisors seek to manipulate the system to keep the asylum grant rates artificially low while eschewing proper, realistically robust use of the overseas refugee program to take the pressure off the border — by acting legally rather than illegally! 

Almost all the EOIR asylum backlog consists of “regular docket” (I use this term lightly with EOIR where “normalcy” is unknown) cases. Those are refugees who have had time to get lawyers, adequately prepare, document their cases, but are stuck in Garland’s chronically dysfunctional system. Consequently, they are “denied by delay” legal immigration status, a chance to get green cards, and to eventually qualify for citizenship. The American economy is denied an important source of legal workers who should be part of our permanent workforce and well on their way to full participation in our political system and society!  

An expert looking at this system would see a “golden opportunity” to move most of the backlogged “easily grantable” asylum cases out of the system with stipulated grants or short hearings (the kind you actually might be able to do 3-4 a day without stepping on anyone’s due-process rights or driving the private bar nuts). These cases would also avoid the BIA’s appellate backlog, as well as eliminating unnecessary workload in the U.S. Circuit Courts (which already have their own inconsistency, rubber stamp, and bias issues in the human rights/racial justice area that seem to be getting worse, not better).

Knocking 400,000+ cases off the backlog wouldn’t completely solve Garland’s 2 million case backlog problem — only a complete “house cleaning” at EOIR, replacing many of the current bureaucrats with competent leaders and expert Immigration Judges well-versed in asylum law, will do that. But, cutting EOIR’s backlog by 20% (and the asylum backlog by over 50%) without stomping on anyone’s rights, while bolstering much-needed legal immigration, and harnessing the strengths of the private/pro bono bar, is nothing to “sneeze at!” That’s particularly true in comparison with Garland’s two years of mindless “designed to fail” gimmicks and astounding mismanagement, which have produced exactly the opposite results!

How bad has Garland’s leadership been at on human rights, due process, and racial justice at DOJ. A number of seasoned asylum practitioners have told me that today’s EOIR, also suffering from a tidal wave of Garland’s  “Aimless Docket Reshuffling” — is actually significantly worse than it was under Trump! That’s right, Garland’s tone-deaf incompetence has exceeded the disorder and systemic unfairness caused by overt xenophobia, anti-asylum bias, misogyny, “dumbing down,” and enforcement-biased “weaponization” of the Sessions/Barr years. 

As for Dr. Kocher’s cogent observation that input from the Immigration Judges who actually decide these cases is a “missing ingredient,” good luck with that, my friend! Perhaps understandably in light of his unseemly failures at EOIR, Garland has taken EOIR’s traditional opaqueness and “muzzling” of Immigration Judges to new heights — even barring their participation in CLE events aimed at improving the level of practice before his courts.

Apparently, “studied incompetence” in a Democratic Administration can be even worse than the “malicious incompetence” of the Trump Kakistocracy — at least where immigrants rights/human rights/racial justice/ women’s rights are concerned at EOIR. That’s an astounding observation! One that I actually never thought I’d hear from practitioners! 

The only way for human rights and racial justice experts and advocates to “communicate” with Garland in his “ivory tower” is to ‘“sue his tail” in court! Judge Sullivan’s recent opinion finding Title 42 illegal incorporates the very facts and law used by human rights experts and advocates in years of fruitless pleading and begging Garland to “cease and desist” his support for unlawful conduct and “just follow the law.” The latter seems like a modest “no-brainer” request to a guy once nominated by an Dem President for the Supremes.  

Waiting for Merrick Garland to fix the mess at EOIR to provide even a bare minimum of due process and rational administration is like waiting for the guy pictured below. Frustrated and “Garland-weary” as they might be, human rights advocates should take it to heart and act accordingly!

Waiting for Godot
Waiting for Merrick Garland and his “clueless crew” at DOJ to fix the dysfunctional Immigration Courts will be an exercise in futility. He only pays attention when ordered by a Federal Judge, which, somewhat ironically, he used to be. But, he’s proven “beyond a reasonable doubt” that he is unqualified to run one of the most important and life-determining Federal Judiciaries — one where due process has been buried beneath an avalanche of expediency, incompetency, intellectual dishonesty, and dumb gimmicks. When will “enough be enough?”
https://creativecommons.org/licenses/by-sa/3.0

🇺🇸 Due Process Forever!

PWS

11-17-22

⚖️🗽👍🏼👨🏾‍⚖️ BREAKING: US DISTRICT JUDGE EMMET G. SULLIVAN VACATES USG’S TITLE 42 ABUSE, ORDERS BIDEN ADMINISTRATION TO ENFORCE ASYLUM LAW! — Refuses Stay — Rips Knowingly Illegal & Life Threatening Actions By Corrupt Officials Of Both Administrations!  — Fraudulent Public Health “Pretext” Finally Exposed!

Hon. Emmet G. Sullivan
Hon. Emmet G. Sullivan
US District Judge
DC

https://www.washingtonpost.com/national-security/2022/11/15/border-ruling-title-42/

By Maria Sacchetti and Spencer S. Hsu

November 15, 2022 at 4:46 p.m. ET

A federal judge on Tuesday struck down a Donald Trump-era policy used by U.S. border officials to quickly expel migrants because of the covid pandemic, saying the ban had little proven benefit to public health even as it shunted migrants to dangerous places.

U.S. District Judge Emmet G. Sullivan in the District of Columbia vacated the order known as Title 42, effectively restoring asylum seekers’ access to the borders for the first time since the Trump administration issued it during the earliest days of the pandemic.

The decision — which takes effect immediately — knocks down one of the last remaining barriers to asylum from the Trump administration, advocates for immigrants said. It also poses an immediate logistical challenge for the Biden administration after two consecutive years of record apprehensions on the U.S.-Mexico border, with the possibility that the numbers could grow.

Biden officials have long worried about a mass rush to the border creating an emergency similar to the one that occurred in Del Rio, Texas, in Sept. 2021, when thousands of migrants crossed illegally and overwhelmed U.S. agents, creating a squalid camp on the banks of the Rio Grande that embarrassed the Biden administration.

Sullivan’s ruling also comes days after top border official Chris Magnus resigned under pressure after clashing with Homeland Security Secretary Alejandro Mayorkas.

The Justice Department and the Department of Homeland Security had no immediate response to the ruling.

The American Civil Liberties Union, one of the organizations that brought the lawsuit on behalf of migrants, said Sullivan’s decision to vacate the Title 42 policy means the policy ends for all migrants, including families and adults traveling without children.

“Title 42 unfortunately had a long shelf life but has finally been ended, and that will mean enormous relief to desperate asylum seekers,” said ACLU lawyer Lee Gelernt.

Sullivan also made clear that that he would not stay his order pending appeal, leaving it to a higher court to do so if the Biden administration sought more time to address the ruling. 

. . . .

Key Quote: 

Sullivan wrote that the federal officials knew the order “would likely expel migrants to locations with a ‘high probability’ of ‘persecution, torture, violent assaults, or rape’ ” — and did so anyway.

“It is unreasonable for the CDC to assume that it can ignore the consequences of any actions it chooses to take in the pursuit of fulfilling its goals,” Sullivan wrote. “It is undisputed that the impact on migrants was indeed dire.”

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The horrific consequences for lawful asylum seekers subjected to this unlawful policy have indeed been “dire:” rape, assault, kidnapping, beating, torture, extortion, starvation, illness, sickness, death, family separation, despair, to name a few. 

By contrast, there have been NO consequences for Stephen Miller and the other Trump Administration officials who fabricated and directed this ruse on the justice system and attack on humanity and the rule of law! Nor have there been any consequences for lower level officials who “went along to get along” with what they knew or should have known to be deadly abuses of our laws. 

Additionally, Biden officials who continued to violate the law and even concocted ways of expanding its illegal and immoral use have escaped accountability and continue in their jobs. DOJ lawyers who failed to do “due diligence” and defended a policy based on pretext, misrepresentations of fact, racism, and xenophobia have also continued to operate in the “ethical twilight zone” that normally would have serious professional consequences!

Of course the whole history of the Title 42 charade ☠️🤮has been one of one step forward and three steps back. The corrupt decision-making extends to unqualified right-wing zealots with lifetime sinecures on the Federal Article III bench and to equally corrupt GOP state AG’s for their dishonest scheme to force continued illegal Title 42  expulsions. 

So, despite these “crimes against humanity,” don’t expect that “heads will roll!” Given the current sorry state of our Federal Courts and the DOJ, it’s not certain that Judge Sullivan’s order will actually have effect or that asylum seekers will ever get the fundamentally fair and humane treatment to which they are entitled.

But, I am certain that this will eventually go down in history as one of the most disgraceful intentional abrogations of law, with the most drastic consequences for humanity and our nation’s reputation, in 21st Century legal history!

It’s also worthy of note that rather than getting the asylum system properly staffed and trained, bringing in Immigration Judges with the required expertise, installing a BIA of expert judges capable of issuing correct, realistic, generous, practical asylum precedents, working cooperatively with the private bar to facilitate representation, and developing an orderly process for resettlement (away from the border) of asylum applicants who pass credible fear, Garland, Mayorkas, and a White House officials have dithered away two years of time without getting the necessary robust, fair, expert, efficient, timely asylum adjudication system up and running!

The advice and pleas of experts and advocates have been “tuned out” or ignored by those in charge! Now, as all of us predicted, the “chickens have come home to roost” for the Administration’s indifferent, incompetent, and lackadaisical  approach to the biggest racial justice and human rights crisis facing our nation.

Thanks Judge Sullivan! Thanks ACLU! Apologies to the hundreds of thousands of asylum seekers wronged by the cowardly failure of America to uphold our laws, Constitution, and international obligations — that “subset” of victims who are still alive despite our Government’s grotesque misconduct!

🇺🇸 Due Process Forever!

PWS

11-15-22

🚫HISTORY THE GOP DOESN’T WANT YOU TO KNOW: Let’s Be Very Clear About The Truth That White Nationalist Racists Want To “Whitewash” & Its Continuing Corrosive Effect on Our Nation! 

 

Anti-Chinese Poster
This is part of the “real history” of America! The GOP doesn’t want to talk about it!
Public Realm

https://www.latimes.com/california/story/2022-11-12/la-me-eureka-chinatown-history

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CALIFORNIA

This California town ran its Chinese residents out. Now the story is finally being told

Mary Chin stands beside a mural in downtown Eureka, Calif., depicting her late husband, Ben Chin, who was said to be the first Chinese American to move to the town in seven decades. (Myung J. Chun / Los Angeles Times)

BY HAILEY BRANSON-POTTSSTAFF WRITER

NOV. 12, 2022 5 AM PT

EUREKA, Calif. —  Beauty drew Brieanne Mirjah D’Souza to Eureka.

In 2018, she and her husband — Michigan natives who had been living for a spell in the Bay Area — moved up to this chilly old timber town to build a life beneath the redwoods and by the sea.

But last winter, pregnant with her first child, D’Souza began reflecting on this pretty place she would bring her son into.

D’Souza, a 32-year-old digital marketer, is of Chinese and West Indian descent. And Humboldt County is very white.

As D’Souza’s belly grew and the headlines told of a dramatic surge in anti-Asian hate crimes amid the COVID-19 pandemic, D’Souza set out to find other people who looked like her.

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A fledgling group started meeting over Zoom and trading emails. They learned there had once been a Chinatown in Eureka. Maybe they could commemorate it with a plaque, they figured.

But where had it gone?

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In the late 19th century, Chinatown occupied a single block in the middle of the remote, misty port town.

A historical photo is held up at the corner of 4th and E Streets in Eureka during a guided tour of the city’s old Chinatown, which stood on the right in both images. (Myung J. Chun / Los Angeles Times)

A few hundred Asian immigrants — mostly men — lived in Eureka after a federal law barred immigration from China in 1882.

They toiled in redwood logging camps, laundries and restaurants. They were nannies and household servants and vegetable growers. They were former gold prospectors priced out of the work because of a predatory state tax on foreign miners.

When the economy soured in the 1880s, white people blamed them, claiming they stole jobs. Newspapers whipped up anti-Chinese sentiment.

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“There were a lot of stereotypes: that Chinese people were diseased, they were morally corrupt, they would not assimilate to the rest of American society at the time,” said Katie Buesch, a former director and curator at the Clarke Historical Museum in Eureka.

That sentiment was par for the course in the Golden State at the time.

Some California city officials are now acknowledging the ugly past — a counter-movement to red-state politicians pushing to ban books and limit the teaching of history that involves race.

Antioch and San Jose apologized last year for burning their Chinatowns in the late 1800s. San Francisco apologized for barring Chinese children from public schools.

Los Angeles is working on a memorial to commemorate an 1871 massacre in which at least 18 Chinese people were fatally shot or hanged. And in Pacific Grove earlier this year, organizers canceled a pageant that had long featured performers in yellowface.

In Humboldt County, Buesch, who had put together a small museum exhibit on Eureka’s Chinese community just before the pandemic, was struck by an 1885 article in the Daily Times-Telephone newspaper about Chinatown.

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“The time has come when these plague spots should be removed,” the newspaper wrote.

On Feb. 5, 1885, the newspaper, which called the Chinese neighborhood a violent, drug-addled “leper’s colony,” wrote that it would probably be “goodbye to Chinatown” if an “unoffending white man” were killed there.

A Chinese vegetable merchant carries his goods in Eureka before the Chinese expulsion in 1885.(Courtesy of Jean Pfaelzer)

The very next day, a white Eureka city councilman who lived near Chinatown was walking past. Shots rang out between what is said to be two Chinese men, although details are scant. A stray bullet killed the councilman.

An angry mob of more than 600 white people — loggers, fishermen, miners and merchants — filled the streets, said Jean Pfaelzer, author of “Driven Out: The Forgotten War Against Chinese Americans.”

A gallows was erected. An effigy of a Chinese man swung from a noose.

CALIFORNIA

White residents burned this California Chinatown to the ground. An apology came 145 years later

July 26, 2021

Someone suggested slaughtering the Chinese, but that was deemed un-Christian, Pfaelzer said. Others said they should burn Chinatown, but its scrap wood buildings belonged to a white man, since the Chinese were not allowed to own property.

They instead appointed a committee of 15 men to go into Chinatown and order everyone to leave. The sheriff commissioned wagons to gather their belongings. Armed vigilantes roamed on horseback.

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According the the Clarke Museum website, a group of Chinese and Japanese people were secretly brought in to work in a local cannery but were expelled after being found out. They were sent by barge to an island in Humboldt Bay before catching a ship back to Washington. (Myung J. Chun / Los Angeles Times)

The next morning, about 300 Chinese people were marched to the wharf and eventually loaded onto two steamships: The Humboldt and The City of Chester.

They were shipped to San Francisco, where no one knew they were coming, Pfaelzer said. They disembarked and fled.

A few dozen sued the city of Eureka, but a judge tossed out their lawsuit.

The purge, which became known as the “Eureka method,” was copied in other towns across California and hailed by white people as nonviolent.

By 1890, the business directory for Humboldt County was boasting that it was “the only county in the state containing no Chinamen.” A Eureka law, in effect until the mid-20th century, banned Chinese people from working in the city.

::

Eureka’s Chinatown consisted of one square block, bottom center, in what is now the city’s downtown. The city forced expelled its Chinese residents in 1885 after the shooting death of a white city councilman. (Myung J. Chun / Los Angeles Times)

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In the spring of 2021, a gunman killed eight people, including six women of Asian descent, at three Atlanta-area spas.

The shootings sparked an outpouring of activism and calls to #StopAsianHate. They followed months of heightened attacks on Asian Americans amid a political climate in which then-President Trump was calling the coronavirus the “Chinese virus” and “kung flu.”

Around that time, D’Souza had set up an Instagram account she called APA Humboldt.

D’Souza quickly heard from a local group of Asian Americans who had organized a series of Japanese taiko drum performances before the pandemic.

They began meeting virtually. Their numbers grew. There was a real hunger for community in this county where only 3% of the population is Asian or Pacific Islander.

The group delved into local history, poring through legal briefs, census data, letters, maps and journals to piece together the little-known story of Eureka’s Chinatown, which had been told mostly from a white perspective.

“We all had an awakening of sorts,” D’Souza said. “There was no awareness that there was once a thriving Chinese community here … and they faced the same kind of discrimination and racism that we’re still facing today.”

D’Souza figured they would install a plaque before her baby came, and that would be that.

Eureka’s Chinatown, pictured in the late 19th century.(Courtesy of Jean Pfaelzer)

But what became known as the Eureka Chinatown Project — the work of the group now called Humboldt Asians & Pacific Islanders in Solidarity — blossomed.

With support from the city, they erected signs describing the expulsion in Historic Chinatown — which, today, is a downtown business district with banks, parking lots and no trace of the neighborhood that once stood.

There are plans for a monument.

And — with a mural and a renamed roadway — the Eureka Chinatown Project honored two local Chinese American pioneers whose legacies were too little known.

. . . .

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

Read the complete article at the link.

We can’t build for a better future on the positive foundations of America without honestly acknowledging, discussing, and addressing the racism and injustices of the past. The GOP “history deniers” are hamstringing our nation!

You can trace today’s rise in anti-Asian-American hate crimes, anti-Asian racial slurs from a former President, and snarky “anti-woke proclamations” from DeSantis directly to the ugliest truths about America’s past. 

And, just because the latter can speak in complete sentences doesn’t mean that he isn’t just as dangerous to democracy and unsuited to public office as Donald Trump! White Nationalist theocracy and lies are bad for our country no matter who utters them. 

DeSantis’s self-proclaimed “Red Florida Paradise” also relies on the hard work of migrants, many of them undocumented, and some other charitable out of state benefactors to literally remain above water: Joe Biden, Democrats, and lots of “Blue State taxpayers:”

Gov. Ron DeSantis has been a persistent critic of President Joe Biden on nearly every policy front as he moves toward a likely potential 2024 presidential bid. But the Florida Republican likes one thing about the president: his wallet.

https://www.politico.com/news/2022/10/03/desantis-federal-relief-cash-fund-priorities-00060020

DeSantis is every bit the charlatan, flim-flam man, would-be theocrat, and purveyor of a whitewashed version of US “history that never was” as Trump. (Concededly, unlike Trump, he actually has won the popular vote in elections.) Under our system, if Floridians have the colossal bad judgement to elect him, that’s their call (although at some point, it could get tiresome for the rest of us to keep bailing them out). But, they have no right to inflict him on the rest of our nation. For the sake of democracy, humanity, and integrity, the rest of us must insure that DeSantis remains where he belongs — below the “Florida-Georgia line.”

🇺🇸Due Process Forever!

PWS

11-14-22

🇺🇸🗽THE TRUE AMERICAN PATRIOTS: Rep. Abigail Spanberger (D-VA) & Rep-Elect Hillary Scholten (D-MI) Are Models For A Durable Democratic Majority! — Humane Values, Active Listening, Practical Problem-Solving, Community Unity, Integrity, Individual Freedom, Responsibility, Organization, Persistence, Moral Courage, Indefatigable Energy, Amazing Work Ethic, Unselfish Public Service, Kindness, Compassion, Caring, Never Forgetting  Where You Came From = A Winning Formula That Other Dems Could Emulate!

Abigail Spanberger
Rep. Abigail Spanberger
D-VA
PHOTO: Twitter

From Jennifer Rubin @ WashPost on Abigail:

https://www.washingtonpost.com/opinions/2022/11/09/spanberger-virginia-win-centrist-democrat/

. . . .

During her victory remarks on Tuesday night, Spanberger spoke of her “deep and abiding love for the country” and a “profound sense of responsibility.” The former CIA agent reiterated that the country was founded on “a dream” that it need not bound by the past or be ruled by kings and queens. Quoting Benjamin Franklin’s admonition that the constitutional convention delivered a republic “if you can keep it,” she declared, “We must all work hard to keep it.”

As a moderate, Spanberger has managed to balance fidelity to Democratic causes such as investment in green energy and the preservation of abortion rights with an independent, reform-minded streak that sometimes put her at odds with party leadership. (Speaker Nancy Pelosi, for example, has not allowed a floor vote on Spanberger’s bill that would ban House members and their spouses from holding individual stocks.)

With this win, Spanberger reaffirms her status as a rising star in the party. Her formula — bipartisan problem solving, strong national security credentials, anti-corruption crusading and support for women’s reproductive rights — has proved successful. But she also had another advantage: a Democratic record of legislative success, including the infrastructure bill, the Chips and Science Act, an expansion of veterans’ health care and measures to reduce prescription drug prices.

. . . .

Hillary Scholten
Rep-Elect Hillary Scholten
Democrat
Michigan 3rd District

Here’s what Hillary had to say in her victory statement:

It’s a new day in West Michigan. I have officially been elected to represent West Michigan in Congress.

Make no mistake: this is a historic victory. We flipped a crucial House seat from red to blue, elected West Michigan’s first-ever Democratic Congresswoman, and sent a strong message that will not tolerate anti-democratic, anti-American extremism here.

I am a proud fourth-generation West Michigander. I know we’re a community that values service over self, building up over tearing down, and unity over division. We’re a community that cares for its poor, supports its vulnerable, and welcomes the stranger. A community where differences are not feared, but valued.

My promise to you is that I will never forget where I come from or who I work for. I will always show up for my community and look forward to getting to work serving West Michiganders.

Forever thankful,
Hillary

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

By sharp contrast, the GOP has no known values: divide, bully, lie, demean, hate, misinform, blame, deny, discriminate, humiliate, oppress, smear, shame. Those aren’t values: just highly negative attributes!

The GOP did claim concern about inflation and the economy. But, they offered no coherent plan for addressing it in any practical, bi-partisan manner.

Instead, they promised to wreck Government, mindlessly oppose anything Biden proposes, and even threatened to collapse the worldwide economy by “playing chicken” with the artificially-created “debt ceiling.” 

To the extent that any GOP candidate could explain their economic “plan” (most couldn’t or wouldn’t), it was a muddled variation of proven-to-fail “trickle down economics.” Yup, the same nonsense and bureaucratic doublespeak that has destroyed the British economy and led the Conservatives to be a laughingstock of “unstable government by clowns🤡!” Basically slash programs that benefit everybody to reward fat-cats with more un-needed and unfunded tax breaks. 

Do we really need to make guys like Musk, Zuckerberg, Bezos, McConnell, and the “geniuses” who invented “cryptocurrency” richer? Make sense? Of course not! I doubt that there is a shortage of “investment capital” in the U.S. right now. 

Is preventing IRS from processing returns in a timely manner and collecting back-taxes owed really the key to reducing budget deficits? Preposterous! Yet GOP pols say so!

Undoubtedly, we need prudence, responsibility, and focus in government spending — from both parties. As working mothers, Abigail and Hillary know a thing or two about making responsible fiscal decisions and insuring that their constituents get the most bang for each hard-earned tax dollar spent. And neither is afraid to speak out against “fraud, waste, and abuse” in any and all forms!

As former Federal civil servants, they recognize the need for cutting waste and getting more value for each dollar. In that respect, I think that requiring competent management, accountability, expertise, innovative customer service, and focused enforcement in the hugely expensive yet highly wasteful, ineffective, and often counterproductive immigration bureaucracy would be a good starting point for achieving much more without drastic resource increases.

It doesn’t hurt that Abigail and Hillary are really really smart and use their brains to help others and society rather than for self-aggrandizement or to lord it over others. Tough as they are, they are also nice, kind, and compassionate. In other words, non-ideologues.

Go, Abigail and Hillary! Make America the best that we can be: A diverse society and powerful nation where everyone can reach their full potential, independence, and self-sufficiency, not just the “chosen few!”

🇺🇸Due Process Forever!

PWS

11-12-22

🤯 “HOW TO SUCCEED IN BUILDING BACKLOG” — Latest BIA Miscue On Retroactivity in 7th Cir. Sure To Generate Re-openings, Remands, & Other Forms Of Backlog Enhancing, Due Process Denying “Aimless Docket Reshuffling!” — Garland’s Inexcusable Mis-Management Of EOIR Is Boiling Over Among Dem Base!

 

From Dan Kowalski @ LexisNexis Immigration Community:

pastedGraphic.png

Daniel M. Kowalski

8 Nov 2022

CA7 on CIMT, Retroactivity: Zaragoza v. Garland

Zaragoza v. Garland

“Dulce Zaragoza, a native and citizen of Mexico and a lawful permanent resident of the United States, pleaded guilty to the Indiana offense of criminal neglect of a dependent after locking her six-year-old son in a closet for six hours. She was sentenced to one year in jail suspended to time served plus 30 days, with the remainder of the sentence to be served on probation. After completing her sentence, she traveled abroad and presented herself for admission when she returned. The Department of Homeland Security (“DHS”) found her inadmissible based on the neglect conviction, which the agency classified as a “crime involving moral turpitude.” 8 U.S.C. § 1182(a)(2)(A)(i)(I). She was placed in removal proceedings. Zaragoza fought removal on several grounds, with her arguments expanding as the proceedings progressed. Before the immigration judge, she argued that the Indiana neglect offense does not qualify as a crime involving moral turpitude. The judge disagreed and entered a removal order, and Zaragoza appealed to the Board of Immigration Appeals (“BIA” or “the Board”). In the meantime, she petitioned the state court to modify her sentence. Her purpose was to bring herself within the so-called “petty offense” exception to inadmissibility, which is available to first-time offenders sentenced to six months or less. Id. § 1182(a)(2)(A)(ii)(II). The state court obliged and reduced her one-year sentence to 179 days. With that order in hand, Zaragoza argued before the BIA that Indiana’s neglect offense is not a crime involving moral turpitude, and regardless, the petty-offense exception applies. The BIA rejected both arguments, agreeing with the immigration judge that the Indiana offense is categorically a crime involving moral turpitude, and further holding that the sentence-modification order was not effective to establish Zaragoza’s eligibility for the petty-offense exception. For the latter conclusion, the Board relied on a recent decision of the Attorney General declaring that state-court sentence modification orders are effective for immigration purposes only if based on a legal defect in the underlying criminal proceeding. Matter of Thomas & Thompson (“Thomas”), 27 I. & N. Dec. 674, 690 (Att’y Gen. 2019). Zaragoza sought reconsideration, this time adding two more arguments: (1) the phrase “crime involving moral turpitude” is unconstitutionally vague; and (2) the Attorney General’s decision in Thomas is impermissibly retroactive as applied to her. The BIA disagreed on both counts. Zaragoza petitioned for review in this court, reprising the entire array of arguments she presented to the Board. We agree with the BIA’s resolution of all issues but one: applying Thomas in Zaragoza’s case is an impermissibly retroactive application of a new rule. We therefore remand to the BIA for further proceedings consistent with this opinion.”

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

Commentary from Kevin A. Gregg, ESQ:

pastedGraphic_1.png

Kevin A. Gregg

• 1st

Partner at Kurzban Kurzban Tetzeli & Pratt P.A. & Host of Immigration Review Podcast

2d • Edited •

2 days ago

Crimmigration attorneys, get your motions ready.

At least in Chicago! Matter of Thomas and Thompson CANNOT be applied retroactively in the Seventh Circuit!

Sentence modifications/clarifications/European vacations obtained pre-T&T and that comply with Matter of Cota Vargas/Song/Estrada must be recognized for immigration purposes!

Also, when will A.G. Garland weigh in on Matter of Thomas and Thompson? The time is now.

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

When the BIA starts not with the correct legal concept that retroactivity is disfavored in the law, but rather with “how can we best help DHS Enforcement and/or curry favor and job security from our political ‘handlers’ at DOJ,” “bad things are going to happen.” And, they do, over and over!

There are plenty of well-qualified “practical scholars” out here who understand retroactivity in the immigration context and would get these basic questions right in the first instance without bothering the Courts of Appeals or generating disorder, inconsistency, and unnecessary backlog! Why hasn’t Garland recruited them to be the “New and Improved BIA” that would actually be driven by legal expertise, practical scholarship, due process, and fundamental fairness? The latter are qualities that EOIR and DOJ claims it seeks in Immigration Judges. But, it’s not the reality that practitioners too often actually face in todays dysfunctional, inefficient, and hopelessly backlogged EOIR. 

The public and those subject to substandard judging and often dehumanizing treatment by EOIR are suffering — amazingly, now more than ever! When will Garland do his job and reform his courts to conform to due process, fundamental fairness, best interpretations of law, and best practices? 

The latter desirable qualities, actually necessary for any legitimate judiciary, are certainly NOT descriptive of today’s broken EOIR! Garland and his lieutenants might consider themselves “above the fray!” 

But, my already over-stuffed e-mailbox is “lighting up” with EOIR horror stories from experienced, long-time practitioners who are questioning whether they can continue practicing in the hostile, lawless, “no due process,” “no customer service,” “no common sense,” “blame the victim” environment that Garland has allowed to mushroom, and sometimes even encouraged, at EOIR. 

I mentioned the term “Dedicated Docket” at an Executive Session of a major NGO recently. The anger and disgust that it provoked from those actually “doing the job” of fighting for justice in Garland’s broken system was palpable! 

Why is a Democratic Administration that is, despite beating expectations in the midterms, still hanging on by a thread, inflicting this type of disrespect, pain, and suffering on its own loyal supporters? How will this self-created legal, Constitutional, human rights disaster play out moving toward 2024!

“The EOIR HQ Tower” needs a complete shake-up and replacement of  those who have demonstrated their inability to get the job done with those who can! The latter are out here. But, the worse Garland lets his system get, the harder and most costly (dollars and lives) it will be to fix it!

🇺🇸 Due Process Forever!

PWS

11-11-22

🆘 ATTN NDPA: THE FUTURE IS NOW! — AS PRACTITIONER ANGER AND FRUSTRATION WITH GARLAND’S DYSFUNCTIONAL “COURTS” BOILS OVER, GETTING YOURSELF “ON THE BENCH” & FORCING RATIONALITY, DUE PROCESS, & FUNDAMENTAL FAIRNESS “FROM THE INSIDE” IS THE BEST, PERHAPS ONLY, OPTION AT PRESENT! — Here Are 10 Chances To do Just That!

Waiting for Godot
Waiting for Merrick Garland and his “Clueless Crew” at DOJ to fix the dysfunctional Immigration Courts will be an exercise in futility.
https://creativecommons.org/licenses/by-sa/3.0

Garland is a disgraceful failure as our nation’s top lawyer; Congress is deadlocked and uninterested in solving immigration and human rights problems; Federal Courts, these days often “stacked” with far-right ideologues, too often look the other way at gross violations of due process, overt racism, misogyny, and bad interpretations as long as it’s “only migrants of color” (“non-persons” in the view of some) and their lawyers whose lives are being trashed. At best, the Circuits provide widely inconsistent review and results — perhaps not quite as bad as EOIR, but still far beyond anything that would be acceptable if migrants were actually treated as “persons” as the Constitution clearly provides.

I receive some desperate anecdotal complaints about the absurdly broken system and unprofessional conduct by some IJs and EOIR officials here at “Courtside.”

Here’s a recent one from a long-time practitioner that more or less sums up Garland and the Biden Administration’s incredibly disreputable mal-administration of EOIR:

Everything at EOIR is such a disgrace. It is now very difficult for me to appear before IJs, as I have complete contempt for the agency. It is so much worse now than when Trump was in charge. But of course, EOIR could care less, and obviously, this IJ could care less as well…

“Much worse now than when Trump was in charge!” Let that sink in folks!

As I’ve said before, “This just isn’t right!” But, we seem to be dealing with three branches of “Government” who have simply turned their collective backs on the Constitution, the rule of law, common sense, and the fundamental obligations of decency that human beings owe to each other. They also deny the truth: That immigrants are and will continue to be an essential part of the fabric of our society. So, many have asked me “What’s the answer?”

Storm the fort “from the inside!” Use your superior knowledge, organizational, and problem solving skills to get on the Immigration Bench and get paid to do things the right way, help force systemic change over time, save some very deserving lives, and help preserve and improve our democracy at the same time. 

One of the few advantages of working in an “out of control” system is this: there isn’t much control. That often motivates sloppy work, corner-cutting, and a “who cares” approach. 

But, it can also motivate and allow those with the skills and moral integrity to “do the right thing,” to put due process first, solve problems (satisfying), and institute “best practices” rather than worst practices in YOUR courtroom, even if only on a case-by-case basis. And, guess what? Things that “work” and efficiently resolve problems in your courtroom do impact the rest of the system! 

Eventually, it can lead to demands to stop doing things the same old wrong and unfair way and start start treating others fairly and with dignity. Surprisingly, despite persistent bureaucratic myths to the contrary, doing things the right way and treating everyone fairly is more efficient than repeating the same old mistakes, based on the same old discredited “deterrence myths,” over and over. Recognizing and timely granting deserving cases is the very best, totally overlooked, way of cutting backlog and forcing the system to be more efficient without stomping on anyone’s rights or humanity!

Sure, the EOIR system only superficially claims to be interested in efficiency. What they really want is the “appearance of efficiency” with the ability to shift blame for problems to the “victims” of their incredibly poor performance! 

But, eventually enough folks in the right places can get the idea that doing things the right way could actually be better for the system than repeating past mistakes and covering up. The latter gets stressful, even for politicos and bureaucrats who have made careers out of avoiding accountability and responsibility. And, there are certainly plenty of those in today’s EOIR and DOJ.

So here are 10 great opportunities to “get on the inside” and start fixing justice in America and the critical “retail level.”

Seven open IJ positions:

Working for the U.S. Department of Justice allows you to make a difference every day through public service. As an immigration judge you provide due process while deciding cases that have immediate impact. Next week, EOIR will announce the opportunity to apply for immigration judge positions. EOIR will post the vacancy announcement to USAJobs and announce it via the IJ Jobs listserv. The announcement will offer opportunities for immigration courts in the following locations:

  1. Adelanto, CA
  2. Concord, CA
  3. Imperial, CA
  4. San Francisco, CA
  5. LaSalle, LA
  6. Boston (Lowell), MA
  7. El Paso, TX

If you would like to learn more about qualifications and the process for becoming an immigration judge, please visit our informational page.

 

Here are three Assistant Chief Judge (“ACIJ”) positions:

https://www.justice.gov/legal-careers/job/assistant-chief-immigration-judge-10

It is REALLY important that great attorneys of all genders and ethnic groups apply for these important positions. EOIR has NEVER been representative of either the communities it serves or the talent and diversity of the private immigration/human rights bar. The “bureaucratic excuse” has been that the “pool” of USG applicants, particularly those from DHS and prosecutorial backgrounds, is always far “superior.” 

I call BS! But, the only way to “prove it wrong” is if “the best and brightest” from the private sectors apply en masse. 

EOIR will NOT improve voluntarily. Over the past two disgraceful years, Garland has proved that “beyond a reasonable doubt.” So, get on the inside and start changing this system to promote impeccable scholarship, due process, fundamental fairness, and best practices from the inside and from “the bottom up!”

Because, waiting for Merrick Garland and his “clueless” crew @ DOJ and EOIR to get the job done for equal justice and racial justice in America will be like “Waiting for Godot.” And, we all know how that turns out. 

Apply now! Ask questions later!

🇺🇸Due Process Forever!

PWS

11-10-22

☠️🪦🏴‍☠️ AMERICA’S BORDER “POLICY:” PASS MORE BODY BAGS, PLEASE! — Cynical GOP Lies, Bumbling Dems, Bad Righty Judges, Deadlocked Congress, Public Indifference To Human Suffering & Reality Prove A Deadly Concoction For Legal Asylum Seekers!

Body Bag
Body Bag
Not a solution to the reality of human migration.
Official USG Photo
Public Realm
Alexandra Villarreal
Alexandra Villarreal
Immigration Reporter
The Guardian

https://www.theguardian.com/cities/2022/nov/06/us-mexico-border-body-bags-pile-up?CMP=Share_iOSApp_Other

Alexandra Villarreal reports for The Guardian:

. . . .

Along the 2,000-mile (3,219km) boundary between the US and Mexico, the 2022 fiscal year proved the deadliest on record for people trying to make unauthorized crossings of this heavily patrolled international line.

In just 12 months, more than 800 migrants lost their lives in search of a better one as they disappeared beneath the tumultuous waters of the Rio Grande, succumbed to blistering summer heat, crashed in a smuggler’s vehicle, tumbled from a border barrier, or otherwise had their travels violently cut short.

In Eagle Pass’s regional enforcement sector alone, border patrol agents discovered more than 200 dead migrants between October 2021 and the end of July, compared to an already heartbreaking 34 bodies during the entire 2020 fiscal year.

Ahead of this week’s crucial midterm elections, Republicans have manipulated these harrowing statistics as yet another opportunity to make much ado about what various rightwing players call Joe Biden’s “open border policies”, accusing his administration of incompetence that is causing “body bags [to] keep piling up”.

It’s close to sealed by a hostile combination of pandemic-era public health measures cynically retooled as federal immigration control and mass policing by state troops who arrest, jail and criminalize migrants.

Cruelly, these hardline deterrence mechanisms advanced by both Democrats and Republicans have probably only made the US’s south-west border bloodier.

Current US policy is predicated on a false assumption that if only the consequences for crossing the south-west border are severe enough, people will stop trying.

For decades, presidential administrations with disparate political views have unified under the paradigm of prevention through deterrence, erecting physical and legal obstacles to discourage people from crossing.

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Deterrence as a strategy has informed some of the US’s most controversial immigration policies, from separating families, to detaining children, to stranding asylum seekers in dangerous Mexican border towns.

But desperate people still find ways to make it on to US soil: last fiscal year, Customs and Border Protection documented nearly 2.38m enforcement encounters at the southern border, a record high causing headaches for Biden as conservatives accuse the president of being “lax” on border crime.

The truth is more complex, and not at all lax. More than a million of last fiscal year’s border enforcement encounters were processed under Title 42, now invoked as a federal immigration enforcement tool but originally disguised as a public health measure amid the Covid-19 pandemic.

The policy allowed the Trump and now the Biden administrations to expel huge numbers of people from the US without even letting them ask for asylum, seemingly in violation of domestic and international law.

Far from ending unauthorized migration, the invocation of Title 42 has in fact dramatically inflated the number of encounters at the US-Mexico border, as people who are expelled feel compelled to cross again – and again, and again. Sometimes, relentless migrants have been so determined to complete their journeys that they have risked life and limb dozens of times, fueling a political and humanitarian disaster.

Yet even though these expulsions have proved ill-advised both optically and ethically, Biden has now expanded the use of Title 42 by adding Venezuelans to the list of nationalities targeted for return to Mexico, an apparent betrayal of his campaign promises to uphold the legal right to seek asylum and a paradox as his administration ostensibly fights to sunset the practice in court.

. . . .

And both parties continue to police people seeking security and opportunity over violence, persecution and poverty as if they’re national security threats.

In the shadow of it all, the corpses amass.

Back in Eagle Pass, locals like Rosalinda Medrano who have lived for decades along a porous border understand that migrants have and will always come or, increasingly, die trying.

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“Even though there’s one fence, and another fence, and so many troopers, and the national guard, and you name it – Border Patrol, here and there and everywhere – it’s not gonna stop these families,” she said, adding simply: “They want a better life.”

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

Read the complete article at the link, in which Alexandra points to the numerous achievable solutions that both parties eschew — for political reasons — some cynical, dishonest, and racist (GOP) — others cowardly (Dems). None of what Alexandra reports will come as news to faithful readers of Courtside, or, indeed, to anyone who has taken the time to actually study and reflect on America’s decades of expensive, inhumane, “deterrence policies.”

Fact is, existing law, if correctly applied and administered, offers some obvious ways to start solving the problem:

  • Robust realistic “overseas” refugee programs in the Western Hemisphere — 150,000 would be a modest start — rather than the piddling, restricted numbers now slowly doled out by the Biden Administration.
  • Reopen legal ports of entry to legal asylum seekers, as required by law, to incentivize and reward them for not seeking to cross between ports of entry.
  • Staff the Asylum Office and the Immigration Courts with real experts in asylum law (there are plenty of well-qualified lawyers now in the private sector) who are committed to due process and can rapidly recognize and grant the many meritorious cases. Then, individuals are admitted in legal status, on their way to green cards, rather than aimlessly wandering the US with government-issued packets of misinformation (or no information at all) waiting for hearings that will come either too soon or too late, but never in a reasonable manner and often with incorrect preordained results designed to abuse the legal system as an “enforcement deterrent.” (NOTE: To act as an incentive/reward for appearing at ports of entry, the asylum system must be credible, transparent, and timely — something that no Administration has achieved to date, but which is possible with more vision, leadership, and better personnel making decisions.)
  • Work with, bolster, support, and learn from the many NGOs in the U.S. to insure that asylum seekers are informed of their obligations, represented on their applications, and resettled, mostly away from the borders to areas that need them, in an orderly fashion.
  • Additional huge benefit: Despite the lies and myths spread by nativists, increasing legal immigration (including refugees and asylees) is one of the few potentially effective ways that the “political branches” of Government have to address inflation without causing recession. See, e.g., https://www.businessinsider.com/trump-covid-immigration-makes-inflation-worse-recession-outlook-jobs-supply-2022-10.

“Even though there’s one fence, and another fence, and so many troopers, and the national guard, and you name it – Border Patrol, here and there and everywhere – it’s not gonna stop these families,” she said, adding simply: “They want a better life.”

We can, and must, do better than “more body bags” as a matter of national policy! Migrants aren’t going to stop coming. That, we can’t change in the long run — no matter how many lies, myths, and distortions nativists throw out there, and no matter how fast spineless Dem politicos run from or attempt to hide the truth. But, we can deal with reality in a more humane, practical, realistic manner that will serve our nation’s, and humanity’s, interests into the future.

🇺🇸Due Process Forever!

PWS

11-10-22  

😰 EOIR EARNS “F” FROM DOJ I.G. FOR MISMANAGEMENT OF MULTIMILLION $$ TECHNOLOGY CONTRACT!

 

https://oig.justice.gov/sites/default/files/reports/23-

We found that JMD’s and EOIR’s contracting files did not demonstrate that the acquisition planning team applied well-established techniques to facilitate monitoring and overseeing the contractors’ performance in compliance with the Federal Acquisition Regulation (FAR), DOJ and EOIR policies, or the award terms and conditions.

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In simple terms, with well over a million lives at stake and with tens of millions of dollars of taxpayer money on the line, EOIR screwed up! Royally!👑 This report focuses on the period 2017-22, that included the Trump Administration. During that time, the Trump-Era “EOIR Clown Show” 🤡 was busy on such frivolous things as:

  • Developing a list of lies, distortions, and misrepresentations about asylum seekers and their attorneys and putting it out as a bogus (now eradicated without a trace) “fact sheet;”
  • Implementing since-abandoned “production quotas” and wasting money on so-called “IJ Dashboards” to micromanage production;
  • Creating an “Office of Policy” in an agency where such “policy” is largely the responsibility of what is supposed to be a body of independent quasi-judicial adjudicators, the BIA, and which office largely duplicated functions that were being satisfactorily performed by the EOIR Office of General Counsel;
  • Mismanaging the COVID response in the Immigration Courts; 
  • Building record backlogs.

While Garland did eventually push out the Director, Deputy Director, and Chief Immigration Judge, the later position remains vacant and there is no hard evidence that the replacements for Director and Deputy Director are any more qualified than their inept predecessors to lead “America’s worst courts” back to some level of competence and functionality.

And, as has become the “norm” under Garland, there is no firm indication of any accountability or meaningful institutional improvements to insure due process and appropriate expenditure of public funds. 

And, it’s not like things were better before 2017. As the report noted, between 2001 and 2016, EOIR “blew through” $80 million on its so-called “eWorld Adjudication System (eWorld),” without producing a functional product that could be used nationwide! Hence the need to throw even more money at the problem from 2017-22!

🇺🇸Due Process Forever!

PWS

11-02-22

🤯BILL FRELICK @ THE HILL BLASTS BIDEN’S SCOFFLAW, ELITIST MISTREATMENT OF VENEZUELAN REFUGEES! — Welcome A Few Of The Well-To-Do, Give Others In Need The Screw! 🔩☠️ — Whatever Happened To The Refugee Act of 1980 & The Rule Of Law?

Statue of Liberty
Too many Biden Administration Immigration officials appear to share Stephen Miller’s “upside down” view of the Statue of Liberty, in whole or in part! Why can’t they just follow the Refugee Act of 1980 and establish the robust, timely, generous legal approach to refugees and asylum seekers that best serves America?
Bill Frelick
Bill Frelick
Director
Refugee and Migrant Rights Division
Human Rights Watch

https://thehill.com/opinion/immigration/3704714-bidens-new-plan-no-help-for-desperate-venezuelan-refugees/

Refugees are people who flee for their lives. Escape from danger and abuse is usually chaotic, sudden, desperate. The Biden administration’s rollout of its new policy for Venezuelan refugees seems oblivious to this refugee reality and risks doing more harm than good.

. . . .

Announcing the program on Oct. 12, Homeland Security Secretary Alejandro N. Mayorkas said Venezuelans who enter irregularly “will be returned to Mexico.”

He didn’t mention — and appeared to disregard — U.S. law, which recognizes that anyone who arrives in the United States has the right to seek asylum “whether or not at a designated port of arrival” and “irrespective of such alien’s status.”

The impact of this announcement, “effective immediately,” was the summary return to Mexico without examination of their asylum claims of any Venezuelans entering the United States without authorization. Mexico has given no assurances that it will examine their refugee claims or provide asylum to those who fear return to Venezuela. In fact, the 4,050 Venezuelans expelled to Mexico since the implementation of the policy have been given visas valid for only one week and instructed to leave the country.

. . . .

With the Biden administration’s plan in effect, we might as well apply a blowtorch to Emma Lazarus’s welcoming poem at the foot of the Statue of Liberty and chisel in a new message: “Give me your well-rested, your well-to-do, your properly ticketed jet-setters yearning to breathe free.”

Bill Frelick is the refugee rights director at Human Rights Watch. Follow him on Twitter @BillFrelick.

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Read Bill’s complete op-ed act the link. Bill is one of many “practical experts” who would do a much better job than current Administration politicos in establishing and running a refugee and asylum program that would comply with the law,  due process, human dignity, and America’s best interests. Why is Biden following the lead of his “clueless (and spineless) crew?”

The Refugee Act of 1980 was enacted and amended to deal with these situations! Robust, realistic refugee programs outside the U.S. should encourage many refugees to apply, be screened abroad, and admitted legally. 

Other refugees arriving at our border can be promptly screened for credible fear. Those who fail that test can be summarily removed in accordance with existing law. 

Those who pass that test should have access to counsel and receive timely, expert adjudications, with full appeal rights, under the generous “well founded fear” (1 in 10 chance) international standard established by the Refugee Act. See, e.g., INS v. Cardoza-Fonseca (Supremes); Matter of Mogharrabi (BIA).

It’s not “rocket science!” With dynamic, experienced refugee experts running the system and “practical scholars” with expertise in refugee processing and human rights laws serving as USCIS Asylum Officers and EOIR judges at the trial and appellate levels the legal system should be flexible enough to deal with all refugee situations in an orderly manner.

Many, probably a majority, of today’s asylum seekers should be granted asylum and admitted to the U.S. in full legal status, authorized to work, and on their way to green cards and eventual citizenship. Like those admitted from abroad, they could also be made eligible for certain resettlement assistance to facilitate integration into American communities who undoubtedly will benefit from their presence.

The more robust, realistic, and timely our overseas refugee programs become, the fewer refugees who will be forced to apply for asylum at our borders. Also, real, bold, dynamic humanitarian leadership, including accepting our fair share of refugees and asylees, could persuade other countries signatory to the Geneva Refugee Convention to do likewise.

No insurmountable backlogs; no bewildered individuals wandering around the U.S. in limbo waiting for hearings that will never happen; few “no shows;” no long-term detention; no botched, biased “any reason to deny” decisions from unqualified officers and judges leading to years of litigation cluttering our legal system, no diverting Border Patrol resources from real law enforcement, no refugees huddled under bridges or sitting on street corners in Mexico!

It’s not “pie in the sky!” It’s the way our legal system could and should work with competent leadership and the very best available adjudicators and judges! It would support the proper, important role of refugees as an essential component of LEGAL IMMIGRATION, not an “exception” or “loophole” as racists and nativists like to falsely argue.

Instead of demonstrating the competence and integrity to use existing law to deal with refugee and asylum situations, the Biden Administration resorts to ad hoc political gimmicks. Essentially, the “RA80” has been repealed “administratively.” Effectively, we’re back to the “ad hoc” arbitrary approaches we used prior to ‘80 (which I worked on during the Ford Administration, and where I recollect I first heard of Bill Frelick). 

I doubt that the late Senator Ted Kennedy, former Rep. Elizabeth Holtzman, and the rest of the group who helped shepherd the Refugee Act of 1980 through Congress would have thought that using Border Patrol Agents as Asylum Officers or packing the Immigration Courts and the BIA with judges prone to deny almost every asylum claim, regardless of facts or proper legal standards, was the “key to success!”

Congress specifically intended to eliminate the use of parole to deal with refugees except in extremely unusual circumstances, not present here. Biden’s latest ill-advised gimmick violates that premise. It’s totally inexcusable, as the refugee flow from Venezuela is neither new nor unpredictable. I was granting Venezuelan asylum cases before I retired in June 2016. Even then, there were legions of documentation, much of it generated by the USG, condemning the repressive regime in Venezuela and documenting the persecution of those who resisted!

A better AG would say “No” to these improper evasions of existing law. But, we have Merrick “What Me Worry” Garland! His botching of the Immigration Courts has been combined with a gross failure to stand up for equal justice for migrants (particularly those of color) across the board! America and refugees deserve better from our chief lawyer.

The Refugee Act of 1980 actually provides all the tools and flexibility the Biden Administration needs to establish order on the border and properly and fairly process refugees and asylees. Why won’t they use them?

Alfred E. Neumann
AG Merrick Garland has “looked the other way” while the Biden Administration flaunts applicable protection laws in and outside the U.S. He also runs a dysfunctional “court system” where anti-asylum bias, worst practices, poorly qualified decision makers, and grotesque inconsistencies undermine the legal rights of asylum seekers and other refugees. Doesn’t America deserve more competence from its top lawyer?
PHOTO: Wikipedia Commons

🇺🇸 Due Process Forever!

PWS

10-28-22

☠️💀⚰️DEATH VALLEY DAYS: ASYLUM SEEKERS & LAWYERS FACE HARSH CONDITIONS IN QUEST FOR ASYLUM IN GARLAND’S DYSFUNCTIONAL EOIR — Bad Law, Bias, Incompetence, Inconsistency, & Indifference To Humanity Among Obstacles — The Majority Perish Along The Way! — “Courtside” Takes You “Inside The Numbers” Of TRAC’s “New Look” IJ Asylum Reports — New Format, But Same Old Broken & Unfair System!

Death Valley
Asylum seekers and lawyers must cross hostile territory, with a dearth of naturally-occurring due process, to successfully negotiate Garland’s dysfunctional EOIR. Most never make it!
Death Valley
Creative Commons

Here’s the TRAC “New Format” IJ Asylum Report:

https://trac.syr.edu/immigration/reports/judgereports/

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INSIDE THE NUMBERS FOR THE TRAC 10-09-22 IJ REPORT

NOTE: Does not account for: IJs no longer on the bench; IJs appearing in more than one location; differences among detained, non-detained dockets; profiles of high and non-high-denying courts excluded locations with fewer than four IJs listed. No guarantee of accuracy for my “hand count” — but, in accordance with the old government motto, “I did the best I could under the circumstances.”

  • Precipitous unexplained rise in nationwide denial rate since FY 2012, from 44.5% to 63.3%, even though human rights conditions in most so-called “sending countries” remained horrible and in some cases significantly deteriorated. See for FY2012 stats, https://trac.syr.edu/immigration/reports/306/
  • Lots of “Nay-Sayers” on the Immigration Bench:
    • 92 IJs denied asylum 90% or more of the time.
    • Another 94 IJs denied 85-90% of the time.
    • Total of 186 “High Deniers” — those who denied 85% or more — significantly (21.7% or more) above already inexplicably high 63.3% national rate.
  • High Denying Courts (majority of IJs listed denied 85%+)
    • Atlanta (including ATD-Detained) (10 of 10 IJs)
    • Charlotte (6 of 8 IJs)
    • Conroe (5 of 9 IJs)
    • Houston (19 of 22 IJs)
    • Houston-Greenspoint (4 of 5 IJs)
    • Jena (6 of 6 IJs)
    • LA – North (8 of 11 IJs)
    • Los Fresnos (5 of 6 IJs)
    • Lumpkin (5 of 7 IJs)
    • Memphis (6 of 11 IJs)
    • Miami (20 of 31 IJs)
    • Miamii – Krome (7 of 9 IJs) 
  • Non-High-Denying Courts (all, or almost all, listed IJs denied less than 85%)
    • Adelanto (5 IJs)
    • Arlington (3 of 25 IJs High Deniers)
    • Bloomington (1 of 13 IJs High Denier)
    • Boston (1 of 15 IJs High Denier)
    • Baltimore (1 of 16 IJs High Denier)
    • Batavia (1 of 4 IJs High Denier)
    • Chicago (1 of 16 IJs High Denier)
    • Denver (2 of 8 IJs High Deniers)
    • Detroit (4 IJs)
    • Elizabeth (5 IJs)
    • Imperial (5 IJs)
    • New York (46 IJs, 0 High Deniers) **
    • New York Detained (17 IJs, 1 High Denier) 
    • Newark (3 of 16 IJs High Deniers)
    • Otay Mesa (7 IJs)
    • Pearsall (5 IJs)
    • Philadelphia (8 IJs)
    • Portland OR (4 IJs)
    • San Francisco (2 of 27 High Deniers)
    • Seattle (8 IJs)
    • Tacoma (5 IJs)
    • Van Nuys (1 of 7 IJs High Denier)
  • Telling stats:  99.1%, 97.4%, 94.3% 90.4% — Asylum denial rates for four BIA Appellate Immigration Judges listed in the chart who continue to serve on Garland’s BIA. No wonder asylum seekers are saddled with bad law and sloppy, one-sided appellate review within Garland’s dysfunctional EOIR.
  • Best courts for asylum seekers: Generally  in the Northeast and Northern California: Arlington, Boston, Baltimore, New York, Philadelphia, Newark, San Francisco, Chicago.
  • Worst places for asylum seekers: Atlanta, Miami, Charlotte, Houston, Louisiana.
  • Mind-blowing stat: Compare the performance of IJs in Arlington and Baltimore with those in Charlotte, all within the 4th Circuit.
  • Observations:
    • New York, followed by San Francisco, appear to be the largest and best functioning courts with respect to actually following the generous standards for asylum seekers set forth by the Supremes in Cardoza-Fonseca, enunciated (but seldom followed) by the BIA in Mogharrabi, and to a large extent incorporated into sporadically enforced regulations.
    • In NY, 46 IJs, 0 High Deniers, 24 listed IJs granted at least 50% or more of the cases, denial rates ranging from 7.1% to 83.5%, still a rather mind-boggling range.The 24 IJs in the 50% or more grant range would seem like a good place for Garland to look for a model for rebuilding EOIR as a fair, due-process-oriented, subject matter expert court. He doesn’t seem interested in doing that, but it could be done with better leadership.
    • Although generally one would expect Detention Courts to be in the “High Denier” category, that’s not always the case. Courts like NY-Detained, Elizabeth, Adelanto, Otay Mesa, and Pearsall, all had some significant asylum grant rates. Conversely, several predominantly non-detained courts like Atlanta, Charlotte, Miami, and Houston were unseemly “dead zones” for asylum seekers. Garland’s failure to address the gross inconsistencies and abuses of asylum law going on in those and other “High Denier Courts” is disgraceful.
  • Overall, this is a statistical picture of a failed and dysfunctional court system where critical life or death decisions depend more on where you are and who your judge or BIA “panel” is than on the quality of the evidence or the state of the law. It has failed to deliver on its promise of being a court of widely acknowledged subject matter experts who will guarantee due process, fundamental fairness, and best judicial practices for all on some of the most important and life-determining decisions in American jurisprudence. It’s bad; and not significantly improving under the Dems!

🇺🇸Due Process Forever!

PWS

10-28-22

🤯🤮👎🏽👎🏽👎🏽👎🏽👎🏽☠️ THIS JUST ISN’T RIGHT! — GARLAND’S “HALLOWEEN HOUSE OF HORRORS @ EOIR” & THE PUNISHMENT HE & HIS UNQUALIFIED, OUT OF TOUCH JUDGES ARE INFLICTING ON VULNERABLE HUMANS & ATTORNEYS DOING THEIR JOBS HAS TO END!

Grim Reaper
As someone who has not represented asylum seekers in his “Houses of Horror” and who disdains engaging with those who have, Merrick Garland has shown that he is unqualified to be Attorney General of the US.  His “Clown Courts” are now “Houses of Horror” that are no joke, particularly for those who have to deal with his beyond dysfuntional mess on a daily basis!  Reaper Image: Hernan Fednan, Creative Commons License

 

I received this from a practitioner in response my earlier post about Garland’s ongoing scheduling and due process fiasco @ EOIR:

Glad you wrote this. It has been so hard. I am working 7 days a week and feel like I am losing my mind. Hopefully they start making changes, because how this is currently going is just not sustainable. Many of the Judges are not granting the continuances or making you go to the IH and giving you a hard time about it. Multiple Judges told me a month or even less notice was “plenty of time.” O boy!

🇺🇸Due Process Forever!

PWS

10-26-22

🤯 BREAKING: DUE PROCESS MELTDOWN @ EOIR: 140 PRACTITIONERS, EXPERTS, ACADEMICS, NGOs PROTEST GARLAND’S UNCONSTITUTIONAL & UNETHICAL “SCHEDULING” & “AIMLESS DOCKET RESHUFFLING” (“ADR”) ON STEROIDS IN IMMIGRATION COURTS!

Meltdown
Meltdown
Public Realm

By Paul Wickham Schmidt

Courtside Special

Oct. 26, 2022

 

“Due process cannot exist if an attorney does not have sufficient time and advance notice to prepare for a case.” 

The above is an elementary statement of the minimum requirement for due process in any court setting! Yet, in the “wacky world of Garland’s EOIR” 🤯 it is being knowingly and intentionally violated hundreds of times each day!

Not only does this inhibit effective professional representation of those fortunate enough to have lawyers, but it actively discourages attorneys from taking on cases in Immigration Court, particularly those acting in a pro bono or low bono capacity. How will we interest and inspire new lawyers to get into the practice when this is the way they can expect to be treated? It’s a truly disgusting and disgraceful development!

The following letter from a consortium of practitioners, academics, and NGO leaders protests the insane, due-process-denying lack of notice and the “Aimless Docket Reshuffling on steroids” ongoing @ EOIR and makes suggestions for constructive changes to restore at least some order to Garland’s dysfunctional courts. In my view, this situation raises huge Constitutional, ethical, and policy issues affecting all justice in America! It also illustrates the incredibly poor judgement and dismissive attitude of the Biden Administration and Garland’s DOJ in approaching the most serious “life or death” issues involving human rights and racial justice!

Among the signers:

NJ AILA chapter signed on, former judges, Rocky Mountain Advocacy Network, professors, CGRS, ASAP (150,000 members), NC Justice Center, etc. Attorneys practicing in every state + DC + Puerto Rico ended up signing-on to this letter.

I am a signatory. As you know, many of us believe that the ongoing intentional deterioration of due process, fundamental fairness, and best practices at EOIR is a preventable national disgrace that is undermining equal justice and democratic institutions in America. Consequently, I think it is critical to keep this issue “in the public eye” and to demand constructive, common sense reforms at EOIR.

The “constructive suggestions” contained in the letter are great! But, it’s a colossal waste of time and resources to have unqualified bureaucrats, far removed from the actual practice before these dysfunctional “courts,” unilaterally institute these ill-advised, unethical, due-process denying changes. Then, it’s left to the “outside experts” to drop everything and “plead and beg” for common sense and sanity from an arrogant, dysfunctional system!

The American justice system can’t continue to afford to let this wasteful and highly counterproductive “clown show” 🤡 go on unabated! It’s up to everyone who cares about equal justice in America (NOT just immigration practitioners) to demand that Merrick Garland get rid of the incompetents at EOIR and replace them with expert administrators and real, well-qualified judges who are “practical scholars” in the law, understand the needs of justice, and will reform this broken system to work for the best interests of everyone in America!

Here’s a copy of the letter, as sent: 

https://drive.google.com/file/d/1kb25xExBERwZG65EbGZ9iR29UoQiGLL6/view?usp=sharing

🇺🇸“Due Process Forever!”

Paul⚖️🗽😎

10-26-22