REGIME’S NEWEST SCHEME TO SCREW ASYLUM SEEKERS: BOGUS REGS THAT WOULD ILLEGALLY & UNNECESSARILY EXTEND THE GROUNDS OF “MANDATORY DENIAL,” DECREASE ADJUDICATOR DISCRETION, & SHAFT REFUGEE FAMILIES — Regime’s Outlandish “Efficiency Rationale” Fails to Mask Their Cruelty, Racism, Fraud, Waste, & Abuse – Julia Edwards Ainsley (NBC News) & Dean Kevin R. Johnson (ImmigrationProf Blog) Report

Julia Edwards Ainsley
Julia Edwards Ainsley
NBC News Correspondent

https://apple.news/AXSXjJIOxRUSM4ZOgQm9plQ

 

Trump admin announces rule further limiting immigrants’ eligibility for asylum

DUIs, drug paraphernalia possession and unlawful receipt of public benefits would be among seven triggers barring migrants from even applying for asylum.

 

by Julia Ainsley | NBC NEWS

WASHINGTON — The Trump administration announced a new rule Wednesday that would further limit immigrants’ eligibility for asylum if they have been convicted of certain crimes, including driving under the influence and possession of drug paraphernalia.

The rule, if finalized, would give asylum officers seven requirements with which to deem an immigrant ineligible to apply for asylum.

Other acts that would make an immigrant ineligible for asylum under the new rule include the unlawful receipt of public benefits, illegal re-entry after being issued a deportation order and being found “by an adjudicator” to have engaged in domestic violence, even if there was no conviction for such violence.

The rules could eliminate large numbers of asylum-seekers from ever having their cases heard in court. Currently, immigration courts have a backlog of over 1 million cases, according to data kept by Syracuse University.

In a statement, the Department of Justice and the Department of Homeland Security said the new rule would “increase immigration court efficiencies.”

Andrew Free, an immigration attorney based in Nashville, said the new regulation is “calculated to enable the denial of as many claims as possible.”

Free said the most common charges he sees for his immigrant clients are driving under the influence, domestic violence and driving without a license. Driving without a license is particularly common for immigrants who have had to use fake travel documents to enter the U.S. and live in states that do not give licenses to undocumented migrants.

“People who are fleeing persecutions and violence are not going to be able to get travel documents from the governments inflicting violence upon them. If you have to resort to other means of proving your identity, you won’t be eligible [for asylum,]” Free said.

The Trump administration has unveiled a number of new requirements meant to curb asylum applications this year. The most successful of those policies has been “Remain in Mexico” or MPP, that requires lawful asylum-seekers from Central America to wait in Mexico, often in dangerous conditions, until their court date in the United States. Over 60,000 asylum-seekers are currently waiting in Mexico for a decision to be made in their case, a process that can take over a year.

 

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Kevin R. Johnson
Kevin R. Johnson
Dean
U.C. Davis Law


The Beat Goes On! Joint Notice of Proposed Rulemaking to Restrict Certain “Criminal Aliens'” Eligibility for Asylum

By Immigration Prof

 Share

 

Consistent with the efforts to facilitate removal of “criminal aliens,” the Department of Justice and Department of Homeland Security released the announcement below today:

“The Department of Justice and the Department of Homeland Security (collectively, “the Departments”) today issued a notice of proposed rulemaking (NPRM) that would amend their respective regulations in order to prevent certain categories of criminal aliens from obtaining asylum in the United States. Upon finalization of the rulemaking process, the Departments will be able to devote more resources to the adjudication of asylum cases filed by non-criminal aliens.

Asylum is a discretionary immigration benefit that generally can be sought by eligible aliens who are physically present or arriving in the United States, irrespective of their status, as provided in section 208 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1158. However, in the INA, Congress barred certain categories of aliens from receiving asylum. In addition to the statutory bars, Congress delegated to the Attorney General and the Secretary of Homeland Security the authority to establish by regulation additional bars on asylum eligibility to the extent they are consistent with the asylum statute, as well as to establish “any other conditions or limitations on the consideration of an application for asylum” that are consistent with the INA. Today, the Attorney General and Secretary of Homeland Security are proposing to exercise their regulatory authority to limit eligibility for asylum for aliens who have engaged in specified categories of criminal behavior. The proposed rule will also eliminate a regulation concerning the automatic reconsideration of discretionary denials of asylum applications in limited cases.

The proposed regulation would provide seven additional mandatory bars to eligibility for asylum. The proposed rule would add bars to eligibility for aliens who commit certain offenses in the United States.Those bars would apply to aliens who are convicted of:

(1) A felony under federal or state law;

(2) An offense under 8 U.S.C. § 1324(a)(1)(A) or § 1324(a)(1)(2) (Alien Smuggling or Harboring);

(3) An offense under 8 U.S.C. § 1326 (Illegal Reentry);

(4) A federal, state, tribal, or local crime involving criminal street gang activity;

(5) Certain federal, state, tribal, or local offenses concerning the operation of a motor vehicle while under the influence of an intoxicant;

(6) A federal, state, tribal, or local domestic violence offense, or who are found by an adjudicator to have engaged in acts of battery or extreme cruelty in a domestic context, even if no conviction resulted; and

(7) Certain misdemeanors under federal or state law for offenses related to false identification; the unlawful receipt of public benefits from a federal, state, tribal, or local entity; or the possession or trafficking of a controlled substance or controlled-substance paraphernalia.

The seven proposed bars would be in addition to the existing mandatory bars in the INA and its implementing regulations, such as those relating to the persecution of others, convictions for particularly serious crimes, commission of serious nonpolitical crimes, security threats, terrorist activity, and firm resettlement in another country.

Under the current statutory and regulatory framework, asylum officers and immigration judges consider the applicability of mandatory bars to asylum in every proceeding involving an alien who has submitted an application for asylum. Although the proposed regulation would expand the mandatory bars to asylum, the proposed regulation does not change the nature or scope of the role of an immigration judge or an asylum officer during proceedings for consideration of asylum applications.

The proposed rule would also remove the provisions at 8 C.F.R. § 208.16(e) and §1208.16(e) regarding reconsideration of discretionary denials of asylum. The removal of the requirement to reconsider a discretionary denial would increase immigration court efficiencies and reduce any cost from the increased adjudication time by no longer requiring a second review of the same application by the same immigration judge.” (bold added).

KJ

December 18, 2019 in Current Affairs | Permalink | Comments (0)

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What total, unadulterated BS and gratuitous cruelty!

For example, 8 C.F.R. § 208.16(e) and §1208.16(e) are humanitarian provisions that seldom come up except in highly unusual and sympathetic cases. The idea that they represent a “drain” on IJ time is preposterous! And, if they did, it would be well worth it to help to keep deserving and vulnerable refugee families together!

I had about three such cases involving those regulations in 13 years on the bench, although I cited the existing regulation for the proposition that discretionary denials are disfavored, as they should be under international humanitarian laws. Federal Courts and the BIA have held that asylum should not be denied for “discretionary reasons” except in the case of “egregious adverse factors.” Therefore, an Immigration Judge properly doing his or her job would very seldom have occasion to enter a “discretionary denial” to someone eligible for asylum. Obviously, the regime intends to ignore these legal rulings.

One of my colleagues wrote “they are going to capture a lot of people and force IJs to hear separate asylum applications for each family member. So counterproductive.”

Cruelty, and more “aimless docket reshuffling” is what these “maliciously incompetent gimmicks” are all about.

I note that this is a “joint proposal” from EOIR and DHS Enforcement, the latter supposedly a “party” to every Immigration Court proceeding, but actually de facto in charge of the EOIR “judges.” That alone makes it unethical, a sign of bias, and a clear denial of Due Process for the so-called “court” and the “Government party” to collude against the “private party.”

When will the Article IIIs do their job and put an end to this nonsense? It’s not “rocket science.” Most first year law students could tell you that this absurd charade of a “court” is a clear violation of Due Process! So, what’s the problem with the Article IIIs? Have they forgotten both their humanity and what they learned in Con Law as well as their oaths of office they took upon investiture?

Right now, as intended by the regime with the connivance and complicity of the Article IIIs, those advocating for the legal, constitutional, and human rights of asylum seekers are being forced to divert scarce resources to respond to the “regime shenanigan of the day.” It’s also abusing and disrespecting the Article III Courts. Why are they so blind to what’s REALLY going on when the rest of us see it so clearly? These aren’t “legal disputes” or “legitimate policy initiatives.” No, they are lawless outright attacks on our Constitution, our nation, our human values, and our system of justice which Article III Judges are sworn to uphold!

Join the New Due Process Army and fight to protect our democracy from the White Nationalist Regime and the complicit life-tenured judges who enable and encourage it!

Due Process Forever; “Malicious Incompetence” & Complicit Courts Never!

PWS

12-21-19

CONFRONTING THE “AMERICAN STAR CHAMBER” — Innovation Law Lab, SPLC, CLINIC, & Others Force Article III Courts To Face Their Judicial Complicity In Allowing EOIR’s “Asylum Free Zones” & Other Human Rights Atrocities To Operate Under Their Noses

Tess Hellgren
Tress Hellgren
Staff Attorney/Fellow
Innovation Law Lab

My friend Tess Hellgren, Staff Attorney/Justice Catalyst Legal Fellow @ Innovation Law Lab reports:

 

Hi all,

 

As some of you are already aware, I am very pleased to share that Innovation Law Lab and the Southern Poverty Law Center filed a lawsuit this morning challenging the weaponization of the nation’s immigration court system to serve the Trump administration’s anti-immigrant agenda.  More information is available below and at http://innovationlawlab.org/faircourts/.

 

I would like to thank all of you again for participating in our IJ roundtable and sharing your experiences for our report on the immigration court system (you will see a reference to it in our press release below). The insights we gained over the course of that report were vital in helping us identify and understand the problems in the immigration courts under the current administration.

 

Sincerely,

 

Tess

 

 

FOR IMMEDIATE RELEASE

December 18, 2019

 

Contact:
Marion Steinfels, marionsteinfels@gmail.com / 202-557-0430

Ramon Valdez, ramon@innovationlawlab.org / 971-238-1804
Immigration Advocates File Major Lawsuit Challenging

Weaponization of the Nation’s Immigration Court System

Advocates Launch Immigration Court Watch App to Ensure

Greater Accountability, Transparency in Courts

 

WASHINGTON, DC – The Southern Poverty Law Center (SPLC), Innovation Law Lab (Law Lab),  Las Americas Immigrant Advocacy Center, Asylum Seeker Advocacy Project (ASAP), Catholic Legal Immigration Network, Inc. (CLINIC) and Santa Fe Dreamers Project (SFDP) have filed a federal lawsuit challenging the weaponization of the nation’s immigration court system to serve the Trump administration’s anti-immigrant agenda.

 

“Under the leadership of President Trump and the attorney general, the immigration court system has become fixated on the goal of producing deportations, not adjudications,” said Stephen Manning, executive director of Innovation Law Lab. “The system is riddled with policies that undermine the work of legal service providers and set asylum seekers up to lose without a fair hearing of their case.”

 

The complaint outlines pervasive dysfunction and bias within the immigration court system, including:

 

  • Areas that have become known as “asylum-free zones,” where virtually no asylum claims have been granted for the past several years.
  • The nationwide backlog of pending immigration cases, which has now surpassed 1 million — meaning that thousands of asylum seekers must wait three or four years for a court date.
  • The Enforcement Metrics Policy, implemented last year, which gives judges a personal financial stake in every case they decide and pushes them to deny more cases more quickly.
  • The “family unit” court docket, which stigmatizes the cases of recently arrived families and rushes their court dates, often giving families inadequate time to find an attorney and prepare for their hearings.

 

“The immigration courts make life-and-death decisions every day for vulnerable people seeking asylum – people who depend on a functioning court system to protect them from persecution, torture, and death,” said Melissa Crow, senior supervising attorney with the Southern Poverty Law Center’s Immigrant Justice Project. “While prior administrations have turned a blind eye to the dysfunction, the Trump administration has actively weaponized the courts, with devastating results for asylum seekers and the organizations that represent them.”

 

The lawsuit was filed on behalf of six legal service providers whose work for asylum seekers has been badly impaired as a result of the unjust immigration court system.

 

“As the political rhetoric surrounding immigrants has become sharper, we’ve noticed a decline in the treatment our clients receive in immigration court,” said Linda Corchado, Director of Legal Services, Las Americas Immigrant Advocacy Center. “While asylum seekers are entitled to a full and fair hearing, their proceedings are too often rushed, and judges deny our requests for time to properly prepare their cases and collect and translate crucial evidence from across the world.”

 

In addition to filing on behalf of their own organizations, plaintiffs include Las Americas Immigrant Advocacy Center, Asylum Seeker Advocacy Project (ASAP), Catholic Legal Immigration Network, Inc. (CLINIC) and Santa Fe Dreamers Project (SFDP).

 

The complaint can be viewed here and here: http://innovationlawlab.org/faircourts.

 

In an effort to ensure greater transparency and accountability in the nation’s immigration courts, Innovation Law Lab also announced the full launch of an Immigration CourtWatch app, which enables court observers to record and upload information on the conduct of immigration judges.

 

The new tool allows data on immigration judge conduct to be gathered and stored in both individual and aggregate forms. This will provide advocates with valuable information to fight systemic bias and other unlawful court practices. This data can be used to bolster policy recommendations, along with advocacy and legal strategies.

 

Advocates, attorneys and other court watchers are encouraged to download and access the app available here: http://innovationlawlab.org/courtwatch.

In June, Law Lab and SPLC released a report, based on over two years of research and focus group interviews with attorneys and former immigration judges from around the country, on the failure of the immigration court system to fulfill the constitutional and statutory promise of fair and impartial case-by-case review. The report can be accessed here: The Attorney General’s Judges:  How the U.S. Immigration Courts Became a Deportation Tool.

###

 

The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana, Mississippi and Washington, D.C., is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, see www.splcenter.org and follow us on social media: Southern Poverty Law Center on Facebook and @splcenter on Twitter.  

 

Innovation Law Lab, based in Portland, Oregon with projects around the country and in Mexico, is a nonprofit organization that harnesses technology, lawyers, and activists to advance immigrant justice. For more information, visit www.innovationlawlab.org.

 

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Hon. Ilyce Shugall
Hon. Ilyce Shugall
U.S. Immigraton Judge (Retired)
Director, Immigrant Legal Defense Program, Justice & Diversity Center of the Bar Assn. of San Francisco.

 

And, here’s a statement in support of this much-needed litigation action from my distinguished Round Table colleague Judge (Ret.) Ilyce Shugall:

 

These were my remarks during the press conference:

 

I am Ilyce Shugall, a former immigration judge.  I became an IJ in 9/2017 and resigned in 3/2019.  I was sworn in by then-Chief IJ Mary Beth Keller.  She has also resigned.  I swore to uphold the constitution at my investiture.  When the administration made it impossible to continue to do so, I resigned.

 

I defended immigrants in immigration court for 18 years before I became an immigration judge, so I understood the inherent problems and limitations on judicial independence in a court system housed inside the Department of Justice, a prosecuting arm of the executive branch.  However, as Melissa said, this administration’s policies have entirely eroded what independence and legitimacy remained in the immigration court system.

 

As an immigration judge, I watched independence being stripped from the judge corps on a regular basis.  The attorney general ended administrative closure, taking away a vital docketing tool from the judges, while simultaneously contributing to the court’s ever-growing backlog.  The attorney general also significantly limited the judges’ ability to grant continuances.  Then, the attorney general and EOIR director implemented performance metrics which required judges complete 700 cases per year and created time limits on the adjudication of cases.  And this was only the beginning.  These policies have had a drastic impact on those appearing in immigration court, particularly those fleeing horrific violence who have been preventing from effectively presenting their cases.

 

New policies, memoranda, and regulations are being published regularly by this administration. Each one, an attack on the system, and each one with the goal to eliminate due process and expedite deportations.  I hope this lawsuit will eventually lead to a truly independent immigration court system, where judges can uphold their oaths and therefore immigrants receive the due process they are entitled and deserve.

 

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

 

Every one of us in America is entitled to Due Process; every day, vulnerable asylum applicants and other migrants are being dehumanized and denied their Due Process rights by an ridiculously unconstitutional Immigration “Court” system operating with the complicity of life tenured Federal Judges, all the way up to the Supremes, who are failing to live up to their oaths of office.

 

The grotesque, constant, open abuse of the legal and constitutional rights of the most vulnerable among us threatens the rights of each of us, including those individuals responsible for putting the Trump regime in power, maintaining it, and the Article III judges who are failing to stand up to the regime’s unconstitutional cruelty and mocking of our the rule of law. Enough! It’s long past time for the Article IIIs to live up to their responsibilities and stand up for the victims of tyranny!

The case is

LAS AMERICAS IMMIGRANT ADVOCACY CENTER, et. al v. TRUMP  (D OR)

Due Process Forever; Complicit Courts Never!

 

PWS

 

12-18-19

 

KILLERS ON THE BENCH: The 9th Circuit Mindlessly “Greenlighted” The Trump Regime’s Illegal & Unconstitutional “Let ‘Em Die In Mexico Program” – Now, Their Victims Are Doing Just That – The Deadly Costs Of Complicit Courts!

Wendy Fry
Wendy Fry
Watchdog & Accountability Team
San Diego Union-Tribune

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=861153e4-7431-4885-988f-89818194bf2f

 

Wendy Fry reports for the San Diego Union Tribune:

 

 

By Wendy Fry

TIJUANA — A 35-year-old man from El Salvador returned to Mexico under a controversial Trump administration program was brutally killed in Tijuana while waiting for an outcome to his U.S. asylum case, according to his family’s attorney.

During a seven-month period, the man and his family repeatedly told U.S. officials — including a San Diego immigration court judge, officials with Immigration and Customs Enforcement and border agents with U.S. Customs and Border Protection — that they were not safe in Tijuana, the lawyer said.

Customs and Border Protection returned the man and his family to Tijuana anyway, records show. In November, he was killed in Zona Norte, one of Tijuana’s more dangerous regions near the border.

“I don’t know how there’s an argument that Mexico is a safe country,” said Richard Sterger, the family’s immigration attorney. “My clients begged not to be sent back there.”

The family fled El Salvador and presented themselves at the San Ysidro Port of Entry in May asking to be allowed into the United States to assert their legal right to seek asylum, Sterger said.

The family was placed into the Migrant Protection Protocols program, also known as MPP or “Remain in Mexico.” The man’s wife and their two children are not being identified because they fear for their lives after reporting and speaking about his slaying.

Sterger said he could not discuss details of their asylum claim, such as why they fled El Salvador, because it is part of their ongoing immigration case.

Between May and September, the family members waited in Tijuana for their first court appearance, he said.

During their Sept. 11 immigration court hearing, they pleaded with a San Diego immigration judge to not be sent back to Mexico because they feared for their safety. At the time, the family did not have legal representation, Sterger said.

“I told the judge that I was afraid for my children because we were in a horrible, horrible place, and we didn’t feel safe here,” the widow told the Spanish-language news station Telemundo 20.

The judge referred the case to ICE, a process called “red sheeting,” and the family was interviewed about its fears of returning to Tijuana without a legal representative, the attorney said.

A spokeswoman for ICE said a “red sheet” is placed at the top of a person’s immigration court case file to alert Customs and Border Protection officials that an interview needs to be done about whether or not a family can continue safely waiting in Mexico.

She said she could not comment specifically on the man’s case because of privacy and identification policies.

Under international law, countries are forbidden to return asylum seekers to any nation where they are likely to face danger of persecution because of their “race, religion, nationality, membership of a particular social group or political opinion.” The legal principle is known as “non-refoulement.”

Migrant rights advocates have been warning the public that the U.S. government is violating the “non-refoulement” principle with the MPP program, which is facing numerous challenges and lawsuits in federal court.

Sterger said his clients’ case is a perfect example.

After telling U.S. officials they were afraid to be in Tijuana, the members of the family were sent back anyway without explanation.

A Baja California death certificate says the husband and father died Nov. 20 of stab wounds to his neck. It also says he had cuts and stab wounds all over his torso that a Baja California investigator confirmed could indicate torture.

Started under the Trump administration, MPP requires that migrants trying to legally enter the United States remain in Mexico during the immigration court process.

That process usually takes several months, sometimes up to a year, and involves multiple court hearings, which requires migrants to present themselves at El Chaparral border crossing near the San Ysidro Port of Entry to travel to immigration court in San Diego.

Officials with the Baja California prosecutors’ office said that during the process of repeatedly presenting themselves at the border, U.S. asylum seekers can easily be spotted and targeted by criminal groups as potential victims.

In Tijuana, the threat of violence for migrants is so severe that Baja California state police have been going around to various migrant shelters giving presentations on how to avoid becoming a victim since the MPP program began.

Under the program, rolled out in January in Tijuana and then expanded across the U.S.-Mexico border, tens of thousands of U.S. asylum seekers have been returned to Mexico.

Immigration advocacy groups, attorneys and human rights organizations have been urgently warning the U.S. government that border cities are not safe places for asylum seekers to be forced to wait while their cases are processed.

The nonprofit group Human Rights First identified 636 publicly reported cases of “rape, torture, kidnapping and other violent assaults against asylum seekers and migrants forced to return to Mexico by the Trump administration.”

Of that, at least 138 cases involved children being kidnapped or nearly kidnapped in Mexico, according to a report by the group.

“The MPP fear screening process is a sham with interviews that have become increasingly cursory and adversarial resulting in the return of vulnerable and victimized asylum seekers to new dangers,” the report highlighted.

Sterger agreed.

“We are literally putting people’s lives at risk,” he said.

The attorney said that after the father and husband of the family was brutally slain, the mother ran to the border with her children, both younger than 10. She told border officers what happened and begged to be let into the United States.

Fry writes for the San Diego Union-Tribune.

 

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

The Innovation Law Lab v. McAleenan travesty just keeps on killing, abusing, torturing, and dehumanizing every day. Encouraged by the 9th Circuit’s cowardly dereliction of duty and the Supremes evident lack of concern for the safety, lives, and human dignity of asylum seekers, the regime has taken it to a new level with fraudulent and illegal “Safe Third Country” agreements with the super dangerous Northern Triangle states, none of which has any semblance of a credible asylum adjudication system.

I guess the further way we can kill ’em, the more complacent the Article IIIs are going to be. “No blood on their spiffy black robes!” And, after all, it’s not them or their families being abused. and killed by the regime, so “What, me worry?”

Also, something to keep in mind the next time “Big Mac With Lies” appears on the “speaking circuit” to tout his many “accomplishments” at DHS.

I’m, glad Wendy reports on these continuing “crimes against humanity.” But, it must be tough being  on the “Watchdog & Accountability Team” in a system where complicit and complacent Federal Judges are unwilling to hold the regime accountable for their outrageously illegal and unconstitutional (not to mention unconscionable) behavior.

 

PWS

12-13-19

ROLLING STONE: HOW STEPHEN MILLER & HIS WHITE NATIONALIST CABAL TOOK OVER OUR GOVERNMENT’S IMMIGRATION APPARATUS: “We used [CIS material] to spin a narrative where immigrants of color were not only dangerous, violent individuals but also posed an existential threat to America,” McHugh told Hatewatch. “We never fact-checked anything. We never called up other organizations to get any other perspective about those studies…. It was understood. You just write it up.”

Andy Kroll
Andy Kroll
Washington Bureau Chief
Rolling Stone

 

https://apple.news/Ai9__HexTRd-ZH51tL17Maw

 

Andy Kroll reports for Rolling Stone:

 

New Emails Expose How Stephen Miller and His Pals Push Trump’s Agenda

For nearly three years, Stephen Miller has used his White House seat to orchestrate the most extreme anti-immigrant agenda in almost a century. But he hasn’t done it alone.

A loose network of lawyers and advisers embedded throughout the Trump administration has worked closely with Miller to carry out the daily effort of pushing through draconian and often inhumane policies like separating migrant families at the border, detaining young migrants in cagelike facilities, and drastically reducing the number of immigrants allowed entry into the country. In other words, Miller, with his white-nationalist mindset and fervor to enact xenophobic policies, is far from an isolated actor. He’s the leader of a broad operation spread across the federal government.

Newly released emails provided to Rolling Stone offer a glimpse of the working relationship between Miller and one of his internal allies and fellow ideologues: a senior adviser at Immigration and Customs Enforcement named Jon Feere. Feere has been a fixture in Miller’s immigration working group where new ideas for cracking down on immigration get conceived. Reading the emails, Feere comes across like Miller’s point man inside ICE, enjoying unfettered access to arguably the most influential aide in the Trump White House, working long hours to advance the administration’s extreme and often inhumane immigration policy.

In the emails, Feere strategizes with Miller about how to use the federal government to amplify their anti-immigration message; tees up potential attacks on prominent Democratic politicians; directly briefs Miller in great detail about upcoming enforcement actions and policy changes in the works; and recommends to Miller people the administration should hire to expedite its immigration agenda. The emails also show that on at least one occasion Feere bypassed his superiors at ICE to deliver updates and advice directly to Miller.

Related

Trump Caves to Kim Jong-un (Again)

Democrats Charge Trump with Abuse of Power and Defying Congress in Two Articles of Impeachment

“Stephen Miller didn’t cut ties with the extremists when he joined the government — he brought them with him,” says Austin Evers, executive director of American Oversight, a government watchdog group run by former members of the Obama administration. American Oversight first obtained Feere’s emails through a Freedom of Information Act request and provided them to Rolling Stone.

ICE and the White House did not respond to multiple requests for comment.

Before he joined the administration, Feere’s bio says he worked for more than a decade at the rabidly anti-immigrant Center for Immigration Studies, which has played an instrumental role in shaping the administration’s immigration policies. The Southern Poverty Law Center has labeled CIS an active hate group. (In January, CIS filed a civil racketeering suit against SPLC’s leaders, but a district judge dismissed the suit.) As a policy analyst there, Feere took hardline positions critical of birthright citizenship as guaranteed by the 14th Amendment and of President Obama’s policies like DACA. He accused Obama of opening the border “to more STDs,” and gave testimony to Congress about restricting birthright citizenship. He wrote favorably of Arizona’s infamous “Show Us Your Papers” law and condemned the DREAM Act, cities that adopt sanctuary status, and Obama’s DACA policy. In 2015, he penned an op-ed titled “How Trump Could Change Birthright Citizenship.”

Feere’s outspokenness didn’t go unnoticed: He advised the 2016 Trump campaign on immigration for several months before taking a job inside the administration. On the morning of Trump’s inauguration, he hit send on a tweet: “It’s time to make immigration policy great again.”

The partnership between Feere and Miller was a natural one. Miller is a big fan of the Center for Immigration Studies. During a keynote address at a CIS event in 2015, he applauded the group for spurring “a debate that far too often operates, like illegal immigrants, in the shadows.” A recent investigation by SPLC’s Hatewatch revealed that Miller shaped Breitbart News’ immigration coverage leading up to the 2016 election by sending at least 46 emails that mentioned CIS research, employees, or contributors to a Breitbart editor named Katie McHugh. Miller sent McHugh the phone number of CIS’s research director and pushed McHugh to use CIS research in her stories, which she often did. (Breitbart fired McHugh in 2017. She says he has since disavowed right-wing extremist politics.)

“We used [CIS material] to spin a narrative where immigrants of color were not only dangerous, violent individuals but also posed an existential threat to America,” McHugh told Hatewatch. “We never fact-checked anything. We never called up other organizations to get any other perspective about those studies…. It was understood. You just write it up.”

After Trump’s victory, Miller brought fellow immigration hardliners with him into the new administration. In addition to Feere, there was Julia Hahn, a Breitbart writer who took a job in the White House, and Julie Kirchner, a former staffer at another prominent anti-immigration group, the Federation for American Immigration Reform (FAIR), who became an adviser to the acting commissioner of Customs and Border Protection and later the top ombudsman at U.S. Citizenship and Immigration Service. Because Feere, Hahn, and Kirchner took advisory roles, that meant they didn’t have to be confirmed by the Senate, where they probably would’ve faced harsh questioning for their extreme views.

An active Twitter user before he went into government, Feere’s account went dark after his Inauguration Day tweet. That’s why the emails between Feere, Miller, and other Trump administration officials are useful — they give a rare glimpse at how key figures in the administration have worked behind the scenes to enact the largest crackdown on immigration in this country since the 1920s and ’30s.

“We’ve had quite draconian politics in the past,” says Daniel Tichenor, a professor at the University of Oregon. “But I don’t think we have ever had a modern presidential administration that looked back so longingly to the 1920s and ’30s as the good old days.”

The Feere-Miller emails released to American Oversight run to nearly 500 pages and are heavily redacted. But they’re still one of the few opportunities to see the administration and some of its most hardline members in action on the policy that Trump will be most remembered for: immigration.

One of the most striking emails is a December 22th, 2017, message that Feere sent to Miller and three other administration staffers. It’s a 10-point bulleted memo in which he updates Miller on a slew of different actions underway that he and his colleagues had worked on in the preceding week. The memo is notable because it appears to show how much latitude Feere has at ICE to not only brief the White House but drive forward the administration’s immigration agenda.

Feere says he led a meeting about crafting a new agreement between ICE and the Department of Labor on worksite immigration enforcement actions that would be “more favorable to ICE’s mission” of tracking down and deporting undocumented residents. He describes helping plan an upcoming ICE raid in the Bay Area, and tasking a field office to investigate a New York-based Pakistani American accused of supporting ISIS with bitcoin. He says he stopped an administration response to Amnesty International report on immigration enforcement; located ICE officers and operations “worth highlighting in speeches” for White House speechwriters; and assisted a Fox News contributor and “friendly NGO” on messaging after a draft proposal about separating migrant families had leaked to the media.

What’s notable as well about Feere’s December 22nd memo to Miller is that, according to emails, Feere apparently sent the message straight to Miller and other White House officials without clearing it by his bosses at ICE, who learned about the memo after the fact. “Here is Jon providing a weekly report to [redacted] that neither you or I saw before he sent it,” reads a follow-up email sent to ICE Acting Director Tom Homan by what appears to be Homan’s chief of staff, Tom Blank. (The redacted name is likely Miller’s. Homan declined to comment for the story.)

John Sandweg, who served as acting ICE director under Obama and reviewed the emails between Feere and Miller, says it’s not uncommon for an agency official like Feere to aggressively try to get credit for accomplishments and make the White House aware of what he’s doing. But Sandweg adds that it’s “a little strange” to see an adviser like Feere delivering updates and advice directly to the White House, as Feere did.

“You might have someone like [Feere] coordinating it, doing the grunt work, preparing it,” Sandweg says. “But going directly from him to the White House — that’s unusual. If you’re reporting that kind of detail to the White House, the director wants to sign off on that.”

In another email, sent on February 26th, 2018, Feere appears to forward the name and résumé of a Treasury Department employee for an opening at the Social Security Administration. In a follow-up email, Feere writes: “If we can get [name redacted] into SSA, it would help with information-sharing issues.” Greater access to Social Security information, immigration experts say, could assist ICE in its efforts to track down and deport undocumented residents in the U.S. Feere recommends to Miller that the applicant get a title of “Senior Advisor or similar [which] will ensure he has some clout over there.”

Other emails, while heavily redacted, show Feere’s efforts to build the case against DACA, which defers deportation for undocumented residents brought to the U.S. as children and allows them to receive temporary work permits. He writes in one memo: “DACA recipients include murderers, child molesters, individuals involved in fraud schemes, gang members, and many other types of criminals.” In another email, he writes to Miller on November 30th, 2017, to say that Sen. Kamala Harris (D-Calif.) and California Lt. Gov. Gavin Newsom were “silent” on the acquittal of an undocumented resident who was alleged to have shot and murdered 32-year-old Kate Steinle in July 2015, teeing up a potential attack on two nationally known Democrats.

And still other messages show a close working relationship and rapport between Feere and Miller. In one message, Feere asks Miller for a public defense of ICE’s then-acting director, Tom Homan, after Breitbart had published a series of stories that were critical of Homan, who had previously worked in the Obama administration. In another email Miller sends Feere his cellphone number and tells him to call over the weekend. In another, Feere gives Miller a list of “ideas for swift action,” at 7:30 p.m. (The substance of that email is redacted.) And in yet another message, with the subject line “Appropriations,” Miller thanks Feere for his work and tells him to “keep pushing.”

Shoba Sivaprasad Wadhia, a Penn State law professor and director of the Center for Immigrants’ Rights Clinic, says that Feere’s and CIS’s role in carrying out the administration’s immigration policy marks an ascent to power for one of the most extreme voices — a rise that would have been unthinkable even a decade ago. “They used to be called the loud minority,” Wadhia says. “The fact they’re now helping make immigration policy should be concerning to everyone.”

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

Remember: When Article III Federal Judges use concepts like “jurisdiction,” “deference,” “textualism,” “delegation,” “plenary power,” “discretion,” and “national security” to uphold the Trump/Miller assault on migrants, the rule of law, and our Constitution, what they are really doing is knowingly advancing the White Nationalist agenda while disguising their actions or inactions with often opaque legalisms. How can you rewrite the laws without Congress and in clear disregard of the Constitution, Due Process, Equal Protection, and prohibitions on racial and religious discrimination? Easy, when when the judges who are supposed to stand up for the law against tyranny instead look the other way.

How do you think that Jim Crow survived for at least a century with nary a peep from the Article IIIs about its obvious racist unconstitutionality? That’s the same type of corrupt judicial complicity that Trump, Miller, Barr, and the rest of the White Nationalist gang are counting on here. And, recently, they have been “right on.”

It’s also why despite all the recent revelations and calls by Democrats and opinion writers for his removal, Stephen Miller and his White Nationalist agenda aren’t going anywhere. Much as most Democrats and most pundits don’t want to admit it, Miller now represents the “real” GOP. The idea that GOP politicos will some morning wake up and find themselves appalled by illegality, racism, misogyny, and pandering to the hate agenda, and rediscover human decency, is a dangerous myth.

Note that no matter how outrageously racist, anti-Semitic, anti-American, misogynist, or otherwise hateful and demeaning Trump’s or Miller’s utterances might be, they draw no real condemnation from the GOP. At most, a smattering from the GOP might mutter something like “not useful” or “I wish he had chosen different words.”

And these days, most Federal Appeals Courts find ways to “go along to get along” without acknowledging what’s really going on here. I guess too many Federal Appellate Judges are incapable of seeing themselves and their families as being on the same level of humanity as Trump’s and Miller’s current targets. So, dehumanization and “Dred Scottification” of  “the other” is OK by them. That’s both a shame and a national disgrace.

 

PWS

12-11-19

 

 

 

 

 

PROFILES IN JUDICIAL COWARDICE: AS FEDERAL COURTS FAIL, DUE PROCESS DIES, & THE REGIME SIMPLY THUMBS ITS NOSE AT THE LAW BY RETURNING ASYLUM SEEKING FAMILIES TO “DEATH ZONES!” — “Experts, advocates, the United Nations and Guatemalan officials say the country doesn’t have the capacity to handle any sizable influx, much less process potential protection claims. Guatemala’s own struggles with corruption, violence and poverty helped push more than 270,000 Guatemalans to the U.S. border in fiscal 2019.”

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

https://www.latimes.com/politics/story/2019-12-10/u-s-starts-pushing-asylum-seeking-families-back-to-guatemala-for-first-time

Molly O’Toole reports for the LA Times:

In a first, U.S. starts pushing Central American families seeking asylum to Guatemala

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A woman leaves the market in Guatemala City with a bundle of bamboo culms. (Luis Soto / Associated Press)

By MOLLY O’TOOLE  STAFF WRITER

DEC. 10, 2019 6:58 PM

WASHINGTON —  U.S. officials have started to send families seeking asylum to Guatemala, even if they are not from the Central American country and had sought protection in the United States, the Los Angeles Times has learned.

In July, the Trump administration announced a new rule to effectively end asylum at the southern U.S. border by requiring asylum seekers to claim protection elsewhere. Under that rule — which currently faces legal challenges — virtually any migrant who passes through another country before reaching the U.S. border and does not seek asylum there will be deemed ineligible for protection in the United States.

A few days later, the administration reached an agreement with Guatemala to take asylum seekers arriving at the U.S. border who were not Guatemalan. Although Guatemala’s highest court initially said the country’s president couldn’t unilaterally enter into such an agreement, since late November, U.S. officials have forcibly returned individuals to Guatemala under the deal.

At first, U.S. officials said they would return only single adults. But starting Tuesday, they began applying the policy to non-Guatemalan parents and children, according to communications obtained by The Times and several U.S. Citizenship and Immigration Services officials.

One family of three from Honduras, as well as a separate Honduran parent and child, were served with notices on Tuesday that they’d soon be deported to Guatemala.

The Trump administration has reached similar agreements with Guatemala’s Northern Triangle neighbors, El Salvador and Honduras, in each case obligating those countries to take other Central Americans who reach the U.S. border. Those agreements, however, have yet to be implemented.

The administration describes the agreements as an “effort to share the distribution of hundreds of thousands of asylum claims.”

The deals — also referred to as “safe third country” agreements — “are formed between the United States and foreign countries where aliens removed to those countries would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection,” according to the federal notice.

Guatemala has virtually no asylum system of its own, but the Trump administration and Guatemalan government both said the returns would roll out slowly and selectively.

The expansion of the policy to families could mean many more asylum seekers being forcibly removed to Guatemala.

Experts, advocates, the United Nations and Guatemalan officials say the country doesn’t have the capacity to handle any sizable influx, much less process potential protection claims. Guatemala’s own struggles with corruption, violence and poverty helped push more than 270,000 Guatemalans to the U.S. border in fiscal 2019.

Citizenship and Immigration Services and Homeland Security officials did not immediately respond to requests for comment.

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Molly O’Toole

Molly O’Toole is an immigration and security reporter based in the Los Angeles Times’ Washington, D.C., bureau. Previously, she was a senior reporter at Foreign Policy covering the 2016 election and Trump administration, and a politics reporter at the Atlantic’s Defense One. She has covered migration and security from Mexico, Central America, West Africa, the Middle East, the Gulf, and South Asia. She is a graduate of Cornell University and NYU, but will always be a Californian.

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To be an Article III Federal Appellate Judge or Supreme Court Justice these days seems to be little more than a license to take a “what me worry approach” to Due Process, immigration, asylum, racism, and the human tragedy unfolding around us every day. As long as it isn’t their kids and families being harassed, abused, allowed to die in prison, or unlawfully sent to potential “death camps” in some of the most dangerous regions of the world, who cares? 

Abuse of others, particularly the less fortunate and most vulnerable: “Out of sight, out of mind.” As long as the paychecks keep coming and the security is good in the ivory tower, the legal gobbledygook and spineless task evasion will keep flowing until our nation finally goes out of business under Trump’s anti-Constitutional authoritarian onslaught.

Will it affect those lifetime judicial pensions? Just don’t let the screams of the abused, tortured, and dying keep you up at night judges! But do authoritarian dictatorships really need “judges,” even subservient ones?

PWS

12-11-19

 

WHERE’S THE OUTRAGE? — 9th CIRCUIT JUDGES ASSIST REGIME’S AGENTS IN COMMITTING “CRIMES AGAINST HUMANITY” MERE YARDS FROM THE BORDER! — NDPA Leader Jodi Goodwin, Esquire, Speaks Out: “I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me. I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.”

Angelina Chapin
Angelina Chapin
Reporter
HuffPost
Jodi Goodwin, Esquire
Jodi Goodwin, Esquire
Immigration Attorney
Harlingen, TX

https://www.huffpost.com/entry/remain-in-mexico-policy-immigrant-kids_n_5deeb143e4b00563b8560c69

Angelina Chapin reports for HuffPost:

A few times a week, attorney Jodi Goodwin walks across the bridge from Brownsville, Texas, to a refugee camp in Matamoros, Mexico, to meet with asylum-seekers. Her clients are among the more than 2,500 immigrants crammed into tents while they wait for U.S. immigration hearings ― often stuck for months in dirty and dangerous conditions.

The forced return to Mexico of migrants seeking refuge in the U.S. is one of President Donald Trump’s most inhumane immigration policies, yet it hasn’t received nearly the attention that his family separation and prolonged detention practices have.

Since January, under Trump’s “Remain in Mexico” initiative ― also known as the Migrant Protection Protocols (MPP) ― the U.S. government has sent at least 54,000 immigrants to wait for their court dates in Mexican border towns. Instead of staying with relatives in the U.S., families are sleeping in tents for up to eight months, in unprotected areas where infections spread within crowded quarters and cartel kidnappings are commonplace. Family separation ended a year ago. But Trump’s mistreatment of asylum-seekers continues in a different form.

Some parents are so desperate that they’ve resorted to sending their children across the bridge alone, since unaccompanied kids who arrive at the border cannot be turned away under MPP. Since October, at least 135 children have crossed back into the U.S. by themselves after being sent to wait in Mexico with their parents, according to the U.S. Department of Health and Human Services.

In Mexico, many of these migrants don’t have access to lawyers and are forced to plead their cases in makeshift tent courts set up along the U.S. border where overwhelmed judges conduct hearings via video teleconference. The courts have limited public access ― lawyers and translators say that they have been barred from attending hearings. Migrants’ advocates argue that the tent courts violate due process, and immigrant rights organizations have filed a federal lawsuit against Immigration and Customs Enforcement over the use of videoconferencing.

Goodwin, who has 42 clients, said there is a serious shortage of lawyers willing to represent immigrants staying in another country where crime is rife. She spoke with HuffPost about why the Remain in Mexico policy is even more traumatic than separating thousands of families and why it hasn’t sparked public outrage.

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AMERICAN IMMIGRATION LAWYERS ASSOCIATION

Jodi Goodwin (center) at the refugee camp in Matamoros, Mexico.

HuffPost: Immigrant parents forced to wait in Mexico are making the heart-wrenching choice to send their kids to the U.S. alone. What are the conditions like at the camp in Matamoros?

Jodi Goodwin: It smells like urine and feces. There’s not enough sanitation. There’s 10 port-a-potties for thousands of people. Up until recently, there was no potable water available at all. People were bathing in the Rio Grande river, getting sick and, in some cases, drowning. People were seriously dehydrated.

The camp sounds completely unfitting for any human being, let alone children.

It’s a horrific situation to put families in. It’s great to live in a tent for the weekend when you’re going to the lake. It’s not great to live in a tent for months at a time where you don’t have basic necessities.

Are kids getting sick?

The kids are sick every day. I’ve seen all kinds of respiratory illnesses and digestive illnesses. I’ve seen chronic illnesses like epilepsy. I saw a baby that appeared to have sepsis who was forced to wait on the bridge for more than three hours before being taken to a hospital.

And what about the kidnappings? Have you heard of families being taken by cartel members who then try and extort an immigrant’s U.S. relatives for money?

About half of the people I’ve spoken to in Mexico have been kidnapped. The cartel knows if they can grab an immigrant, they’re likely to be able to work out a ransom. If they don’t, then they just kill them.

Any specific examples?

I dealt with one case where a mom from El Salvador and her 4-year-old son were kidnapped within an hour of being sent back to Mexico under MPP. They were taken for eight days before her brother in the U.S. paid the kidnappers $7,000.

The lady was terrified. She was sleep-deprived, food-deprived and water-deprived. She said that the people who had kidnapped her were extremely violent and hit her kid. They were drinking alcohol and raping people at a stash house where several other people were being held.

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LOREN ELLIOTT / REUTERS

Migrants, most of them asylum-seekers sent back to Mexico from the U.S. under the “Remain in Mexico” program, occupy a makeshift encampment in Matamoros, Mexico, on Oc. 28, 2019.

The last time we spoke, you were on the frontlines of family separation, visiting detention centers where mothers were hysterically crying after being ripped apart from their children. How does the trauma of MPP compare, particularly for parents who are sending their kids across the border alone?

It’s way worse. I can’t with any confidence say that they will ever see their children again.

Why not?

I knew there were legal ways to get out of family separation. We were able to talk with our clients and didn’t have to go off to another country. And for those parents who got through their interviews or their court hearings, we were able to get them back with their kids.

With MPP, the assault is not only on human rights but also on due process within the court systems, which has completely hijacked the ability to be able to fix things. The parents can’t even get into the country to try to reunify with their kids.

Nearly 3,000 children were separated from their parents under Trump’s zero-tolerance policy. Do you think a similar number of families will be ripped apart because of Remain in Mexico?

It could be more. Over 55,000 people have been sent back to Mexico. I’ve talked to so many parents who have sent their kids across. It’s a heart-wrenching decision process that they go through. How do you give up your baby?

It reminds me of Jewish parents who were captives in Nazi Germany and had to convince their kids to get on a different train or go in a different line to save their own lives.

Have you witnessed these separations firsthand?

In November I saw a little boy and his 4-year-old sister sent across the bridge with an older child, who was about 14 years old. The teenager carried the baby boy, who still had a pacifier in his mouth, and the girl was holding onto the older kid’s belt loop.

I was standing on the bridge between Matamoros and the U.S. and I turned around to look down at the bank of the Rio Grande river. Every single parent who has sent their kid to cross tells me the same thing: As soon as they say goodbye and hug their kids, they run to the bank to watch them. [Her voice breaks] I knew there was somebody probably standing on that bank hoping those kids made it across.

Do you still think about those kids?

Oh yeah. The green binky that the little baby was sucking on is knitted in my mind.

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VERONICA CARDENAS / REUTERS

The Mexican National Guard patrols an encampment where asylum-seekers live as their tents are relocated from the plaza to near the banks of the Rio Grande in Matamoros on Dec. 7, 2019.

You’ve been working hundreds of hours a month to try and help people stranded in Matamoros. This work must take a toll on you personally.

I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me.

I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.

Family separation resulted in massive outcry from the public, which eventually pressured the government to end the zero-tolerance policy. Why is MPP not getting the same attention?

There is no public outrage because it’s not happening on our soil. It’s happening literally 10 feet from the turnstile to come to the U.S. But because it’s out of sight and out of mind, there is no outrage. What ended family separation was public outrage. It had nothing to do with lawsuits. It had everything to do with shame, shame, shame.

This interview has been lightly edited for length and clarity.

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

I’m with you, Jodi!  Thanks for your dedication to justice for the most vulnerable!

What’s wrong with this scenario: life-tenured Federal Judges who won’t stand up for the rule of law, Due Process, and Equal Protection in the face of an arrogantly and overtly lawless White Nationalist Regime; DOJ and other U.S. Government lawyers who defend immoral and disingenuous positions in Federal Court, often, as in the Census Case and the DACA Case using pretextual rationales and knowingly false information; dehumanization, with overwhelming racial and religious overtones, of those who deserve our protection and rely on our sense of fairness; undercutting, mistreating and humiliating the brave lawyers like Jodi who are standing up for justice in the face of tyranny; GOP legislators who are lawyers defending Trump’s mockery of the Constitution, human decency, and the rule of law and knowingly and defiantly spreading Putin’s false narratives.  

Obviously, there has been a severe failure in our legal and ethical education programs and our criteria for Federal Judicial selections, particularly at the higher levels, and particularly with respect to the critical characteristic of courage. Too many “go alongs to get alongs!” I can only hope that our republic survives long enough to reform and correct these existential defects that now threaten to bring us all down.

Where’s the accountability? Where’s the outrage? Where’s our humanity?

We should also remember that many asylum seekers from Africa, who face extreme danger in Mexico, are also being targeted (“shithole countries?”) and abused as part of the Regime’s judicially-enabled, racially driven, anti-asylum, anti-rule-of-law antics at the Southern Border. https://apple.news/AyYSWSXNfSdOm63skxWaUTQ

Also, morally corrupt Trump Regime officials continued to tout “Crimes Against Humanity” as an acceptable approach to border enforcement and “reducing apprehensions!” Will machine gun turrets be next on their list? Will Article III Judges give that their “A-OK?”

We’re actually paying Article III Federal Judges who are knowingly and intentionally furthering “Crimes Against Humanity.” Totally outrageous!

Constantly Confront Complicit Courts 4 Change!
Due Process Forever; Complicit Courts Never!

PWS

12-10-19

CHAOS AT THE BORDER: How Trump’s Judicially-Enabled Unlawful Assault On Our Legal Asylum System Has, Predictably, Created More Chaos At The Border – Complicit Courts Endangering Lives, National Security!

 

Astrid Galvan
Astrid Galvan
Immigration & Border Correspondent
Associated Press

https://apple.news/ANGgA3Y1lT8yAzFh8EpcGeQ

 

Astrid Galvan reports for the Associated Press:

PHOENIX (AP) — For months, asylum seekers have been prohibited from filing their claims at U.S. border crossings under a much-criticized Trump administration policy. Now some are sprinting down vehicle lanes or renting cars to try to make it inside the U.S.

The migrants’ efforts are causing traffic delays at Arizona crossings because U.S. Customs and Border Protection officials had to barricade lanes used by cars legally entering the U.S. from Mexico, officials said.

Advocates say many have become desperate after waiting for months to legally ask for asylum, often in poor conditions and while facing threats of kidnapping, extortion and violence south of the border.

Shoppers, teachers and visitors traveling to the U.S. through Nogales, Mexico, endured up to five-hour waits Monday and over the weekend, causing concerns among local officials whose tax base relies on Mexican shoppers, especially during the holiday season.

In a statement, Customs and Border Protection said it’s committed to the safety of border crossers, adding that there’s been an increase of incursions through vehicle lanes “by asylum seekers attempting to evade established entry processes.”

“These tactics interfere with CBP officers conducting their responsibilities and exacerbates wait times for daily commuters,” the agency said in a statement. “CBP will not allow ports to be overrun, or unauthorized entry.”

The traffic jams could hurt sales at stores in Nogales, Arizona that depend on Mexican shoppers during the holiday season, said Mayor Arturo Garino.

Garino, a part-time teacher, said some students and teachers who live in Mexico but attend and work at schools across the border in the U.S. have been leaving their homes as early as 5 a.m. to arrive on time.

Garino said Mexican authorities were not doing enough to stem the problem. The Arizona Daily Star reported the Nogales, Sonora, police officers were checking cars headed north to the border on Monday afternoon.

The metal barricades are large and are meant to seal off traffic lanes.

About 3,000 migrants are living in Nogales, Mexico as they wait their turns to seek asylum, said Katie Sharar, communications director for the Kino Border Initiative, a religious-based group that provides meals to needy migrants on the Mexican side of the border.

Under a policy by the Trump administration known widely as “metering,” the asylum-seekers must wait in an unofficial line in Mexico until U.S. authorities call them up in a process that usually lasts several months.

Another policy, colloquially known as “Remain in Mexico,” requires asylum seekers to return to Mexico after they have made credible fear claims to justify their asylum requests and wait there while their immigration cases are pending.

“I think there’s just a lot of desperation and uncertainty. They don’t know what’s happening to them, they don’t know how the policy changes are gonna affect them,” Sharar said.

Sharar said she wasn’t familiar with the migrants who have run through vehicle lanes.

Customs and Border Protection did not respond to email and phone messages regarding questions about the migrants who rushed the border, what countries they come from and whether they were detained or faced criminal charges.

Arizona Gov. Doug Ducey, a Republican, said his first concern is public safety and that he is confident U.S. officials will resolve the border traffic problems.

Associated Press writer Bob Christie in Phoenix contributed to this report.

 

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The Trump Regime was faced with a potentially very manageable situation. The solution was straightforward. Encourage asylum applicants to present themselves at the border for fair, prompt, and orderly processing as required by law.

 

Those who passed “credible fear” and who had no serious criminal record could be released in coordination with pro bono organizations whose representation would both help insure a high appearance rate and due process in the Immigration Courts. Money currently being wasted on “the Wall,” unnecessary and inhumane detention, and avoidable litigation could be “repurposed” as grants to communities and NGOs to secure their assistance in placement and orderly, lawful processing of asylum applicants. It could also be used to fund or rehire additional qualified Asylum Officers (not Border Patrol Agents) to process credible fear claims.

 

Meanwhile, those found to have “no credible fear” after a fundamentally fair process could be returned to their home countries or some suitable “alternative placement” in a third country in a timely, orderly, and humane manner in accordance with existing law.

 

Instead, the Trump Administration’s unlawful attacks on asylum laws and their war on Due Process and the pro bono community have been facilitated by complicit Federal Courts that have failed to stand up for Due Process and the rule of law.

 

This is likely to be just another phase of the chaos. With the U.S. asylum system essentially “repealed without legislation” individuals needing protection will be assisted by professional smugglers in avoiding the U.S. legal system by entering illegally, evading apprehension (rather than turning themselves in as had been the case), and losing themselves in the U.S.

 

It is also possible that the Administration’s fraudulent “Safe Third Country” agreements with Northern Triangle governments eventually will succeed in further destabilizing those countries so that they simply collapse, creating even more refugees.

 

White Nationalism, the “malicious incompetence” that accompanies it, and judicial complicity in the face of tyranny are nothing short of a prescription for a continuing and escalating national and international humanitarian disaster. We were forewarned.

 

PWS

12-05-19

 

 

ALAN CUMMING @ NBC NEWS:  THE ANTI-IMMIGRATION MOVEMENT IS ALL ABOUT RACISM, PLAIN AND SIMPLE: “This government is trying to brainwash its citizens into believing that the very thing that has made America what it is and has made America great — immigration — is a negative thing. That is complete doublespeak.“

Alan Cumming
Alan Cumming
Actor

https://apple.news/A9MUmrFflRFuwxRgcWulUGQ

Opinion | The racism behind anti-immigration rhetoric is palpable to every immigrant. Including me.

America is such a young country: It’s only a few hundred years old, and no one who has been here for only a few generations is without an immigrant connection. So, from the outside — from a place like Europe — the idea that Americans are not connected to immigration and our immigrant pasts seems like we are denying ourselves. We sound very self-hating about the very notion of immigration, but we’re actually just confusing racism with a desire to fix the immigration system.

I see that all the time: Things that are being said about immigration and the ideals of immigration are basically just being used as a thinly veiled form of racism. It’s so blatant. The president himself actually said he doesn’t mind people coming from countries like Norway — white people; it’s the people from “shithole countries” he doesn’t want. It seems almost pedantic and obsolete to actually have to talk about the fact that it’s racism.

The contributions of all immigrants has been so derided by our present administration, so I felt that I needed to celebrate immigration rather than have it openly derided. Also, I wanted to try to make people stand back and just see the anti-immigration propaganda that they were being fed, and understand instead how this country is what it is because of immigration. That was the genesis of my cabaret show (now an Audible book) “Legal Immigrant.”

The whole point of the show was to tell my experience from my perspective as immigrant, but also to show that I’m feeling these negative things about being an immigrant and I’m a white man of privilege; I can’t imagine what it must be like for people of color or Muslims. I don’t know the exact percentage, but I would say that, the day I became an American, at least 75 percent of the other people being sworn in with me were people of color.

So I wanted to try and make people stand back from this vehemence and have some fun while analyzing what was going on. I don’t want to be didactic, though: I understand that there are problems with the immigration system; I understand there’s a massive refugee problem in the world. But I will not condone racism or bigotry as part of that debate.

That doesn’t mean I’m not open to dialogue. I like when people engage, that’s why I do theater. I don’t want to just be behind a screen; I actually enjoy the fact that I can hear how people are reacting to me. And I’ve been heckled doing the show — from both sides. I want to hear what people have to say and I totally engage with some people. A couple of times it got quite rowdy, but that’s why I wanted to do these cabarets. They’re good ways to get people to engage and be provoked, and to maybe change their minds … or at least consider other options. And, at the end of the show, I make everyone in the audience sing “The Sun Will Come Out Tomorrow,” so I’m obviously someone who likes bringing people together, even though I also like provoking them.

There’s a thing in this country right now: Any dissent against the president or any disagreement with his views is seen as a red flag and people immediately respond in an aggressive way. People are just screaming at one another right now; it makes it very difficult to engage. And so, aside from trying to celebrate immigration, I’m trying to get people to also stand back and try to not let the tropes of this awful rhetoric blind us to what is actually going on.

This government is trying to brainwash its citizens into believing that the very thing that has made America what it is and has made America great — immigration — is a negative thing. That is complete doublespeak. The idea that if you’re pro-immigrant, you’re anti-America, and if you’re anti-immigration, you are pro-America is completely wrong. That’s not just my opinion; if you stand back from it and look at the history of this country, you can’t deny that is the truth.

I really do believe that people have lost the power of analysis in this country because of the duality of the political system: Politics in this country is a team sport. I also think that, with people like Betsy DeVos running the Education Department, it’s going to take a long time before we have a generation who can regain the powers of analysis. It’s all a multilayered effort to dumb us down, in order to be able to brainwash us and feed us propaganda. We need to stand up and take heed before it’s too late.

As told to THINK editor Megan Carpentier, edited and condensed for clarity.

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

Yup!

It’s hard to have a “debate” or a “dialogue” when one side is wedded to myths and bogus narratives, rather than facts: when one side is driven by what it wants to believe, egged on by those who find it politically advantageous, rather than truth.

One of the worst of the many horrible things about the Trump Regime is that supposedly responsible public officials spread the anti-immigrant, anti-refugee White Nationalist myths and false narratives (see, e.g., “Gonzo Apocalypto,” Barr, “Big Mac With Lies,” Nielsen, “Cooch Cooch,” Mark “Fund My TGIF” Morgan, Matt Albence, EOIR, etc.).

PWS

12-01-19

THREE THANKSGIVING CHEERS FOR IMMIGRATION JUDGE JULIE NELSON (SF) & APPELLATE IMMIGRATION JUDGE ELLEN LIEBOWITZ (BIA) — Doing Justice, Granting Asylum, Saving Lives In The Age Of Trump!

My colleague Judge Jeffrey Chase of our Roundtable of Former Immigration Judges reports some good news:

Also, for those of you who subscribe to Ben Winograd’s index of unpublished BIA Decisions, today’s update includes an unpublished decision dated Nov. 6, 2019, Matter of A-C-A-A- (single BM Ellen Liebowitz), affirming the IJ’s grant of asylum in a domestic violence case based on her cognizable PSG of “Salvadoran females.”  The written decision of the IJ, Julie L. Nelson in SF, is also included.

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Thanks to those judges like Judge Nelson and Judge Liebowitz who are continuing to stand up for the rights of asylum seekers “post-A-B-.” 

And, many thanks to Jeffrey & Ben for passing this good news along and for all they do for Due Process every day!

What if rather than the “A-B- atrocity” made precedent by unethical White Nationalist Jeff Sessions, we had an honest, independent Immigration Court system that encouraged fair and impartial adjudications and implemented asylum laws generously, as intended (see, e.g., INS v. Cardoza-Fonseca) by publishing precedent decisions like this recognizing the right to protection? 

BIA precedents on asylum have intentionally been constructed in a negative manner, showing judges how to deny, rather than grant, protection and encouraging them to take a skewed anti-asylum view of the law. Even worse, bogus, unethical, legally incorrect “Attorney General precedents” are uniformly anti-asylum; the applicant never wins.  

Some judges, like Judge Nelson and Judge Leibovitz, take their oaths of office seriously. But, too many others “go along to get along” with the unlawful and unethical “anti-asylum program” pushed by the White Nationalist Trump Regime.

Indeed, even during my tenure as an Immigration Judge, I remember being required to attend asylum “training” sessions (in years when we even had training) where litigating attorneys from the Office of Immigration Litigation basically made a presentation that should have been entitled “How to Deny Potentially Valid Asylum Claims And Have Them Stand Up On Judicial Review.”

It’s also past time for the Supremes and the Circuit Courts of Appeals to get their collective heads out of the clouds, start paying attention, begin doing their jobs and strongly rejecting “disingenuous deference” to bogus, illegal, unethical  “precedents” rendered by politically biased enforcement hacks like Sessions and Barr who have unethically usurped the role of quasi-judicial adjudicator for which they are so clearly and spectacularly unqualified under the Due Process Clause of the Fifth Amendment. It’s nothing short of “judicial fraud” by the Article IIIs! Constantly Confront Complicit Courts 4 Change!

With a more honest and legally correct favorable precedents on asylum, many more cases could be documented and granted at the Asylum Office and Immigration Court levels. The DHS would be discouraged from wasting court time by opposing meritorious applications. The backlog would start going down. There would be fewer appeals. Justice would be served. Worthy lives would be saved. DHS could stop harassing asylum seekers and start enforcing the laws in a fair and reasonable manner. America would lead the way in implementing humanitarian laws, and we would become a better country for it.

Help the New Due Process Army fight for a better, more just, future for America and the world.

Due Process Forever!

Happy Thanksgiving.

PWS

11-28-19

IT’S NEVER BEEN ABOUT “LEGAL V. ILLEGAL,” “BORDER SECURITY,” “JOBS,” OR “GETTING IN (NON-EXISTENT) LINES” — The Trump Regime Has Always Been About A White Nationalist Immigration Agenda Of Hate!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/theres-no-other-way-to-explain-trumps-immigration-policy-its-just-bigotry/2019/11/25/348b38f4-0fcc-11ea-9cd7-a1becbc82f5e_story.html

 

Catherine Rampell in the WashPost:

 

November 25, 2019 at 7:58 p.m. EST

It was never about protecting the border, rule of law or the U.S. economy. And it was never about “illegal” immigration, for that matter.

Trump’s anti-immigrant bigotry was always just anti-immigrant bigotry.

There’s no other way to explain the Trump administration’s latest onslaught against foreigners of all kinds, regardless of their potential economic contributions, our own international commitments or any given immigrant’s propensity to follow the law. Trump’s rhetoric may focus on “illegals,” but recent data releases suggest this administration has been blocking off every available avenue for legal immigration, too.

Last month, the number of refugees admitted to the United States hit zero. That’s the first month on record this has ever happened, according to data going back nearly three decades from both the State Department and World Relief, a faith-based resettlement organization.

 

So what happened?

The problem wasn’t that the 26-million-strong global refugee population lacked a single person who met America’s strict screening requirements. No, our admissions flatlined because Trump announced and then delayed signing a new refugee ceiling for the 2020 fiscal year. This delay led to a complete moratorium on admissions.

Hundreds of flights were canceled for approved refugees who had waited years or decades to come — once again, legally — to our shining city on a hill. As the moratorium dragged on, some refugees’ eligibility expired. At least four were minors who have now turned 18. This means they’ve aged out of the resettlement program they were accepted under and now must get back in line, perhaps indefinitely, to reapply under a different system as adults.

By the way, when Trump finally did sign off on that new fiscal 2020 refugee ceiling, it was for a mere 18,000 admissions. That too is an all-time low. The Trump administration has also thrown up other roadblocks for refugees, such as allowing states and localities to veto any resettlements within their borders. (This policy is being challenged in court.)

Trump supporters might argue that, whatever our moral obligations to the world’s destitute and desperate, the president is merely keeping immigrants out to protect our economy.

They are wrong.

The Trump administration’s own research — which it attempted to suppress — found that refugees are a net positive for the U.S. economy and government budgets. That is, over the course of a decade, refugees pay more in taxes than they receive in public benefits.

The Trump administration is also turning away categories of legal would-be immigrants who are historically admitted because they are economically valuable.

Last week, for instance, we learned that enrollment of new international students has fallen more than 10 percent over the past three years, according to the Institute of International Education.

This is a shame. Higher education has been one of our most successful industries, adding $45 billion to the U.S. economy last year alone. International students spend money in the local economies where they study — on lodging, food, books, entertainment. They are also more likely to pay full freight in tuition. This means they cross-subsidize American students, especially in states where public education funding has fallen.

International students are also more likely to major in high-demand STEM fields, providing U.S. employers with a pipeline of talent that supports the jobs of native-born Americans.

New international student enrollment is declining for a number of reasons, including high tuition and fear of campus gun violence. But the barrier most frequently cited by universities lately is problems with the visa-application process. Meanwhile, other developed countries, such as Canada and Australia, are poaching students who might otherwise have contributed their talents here.

These are hardly the only signs we’re discouraging or denying legions of desirable and legal would-be immigrants.

Denial rates for H-1B visas — awarded to high-skilled workers — have more than doubled since Trump took office, according to tabulations from National Foundation for American Policy. Processing delays for citizenship applications have doubled. Naturalization and visa fees have skyrocketed.

Meanwhile, when families apply for their legal right to asylum at the border, we tell them to await processing in Mexico, in a region so dangerous that Americans are instructed not to visit. (“Violent crime, such as murder, armed robbery, carjacking, kidnapping, extortion, and sexual assault, is common,” the State Department website advises.)

There, asylum seekers live outdoors, in filthy, flooded, freezing tents. Agonized parents send sick and frostbitten toddlers to cross into the U.S. alone, because they fear they’ll die waiting in Mexico.

And if these desperate families don’t like living in squalor, we tell them they should just return home, get in line and apply through another legal route into the United States. Perhaps as refugees, students or workers.

As though there were still such routes to be found.

 

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

It’s institutionalized hate, racism, sexism, lawlessness, and cruelty.

 

One of the worst things is that’s it’s basically enabled by Federal Appellate Courts who see the same problems as many U.S. District Judge do, but “go along to get along” by “normalizing” Trump’s disgraceful racist behavior and “deferring” to pretextual Executive actions that are merely facades for a dishonest, illegal, and unconstitutional White Nationalist agenda. Sort of reminds me of the bogus “separate but equal” doctrine of judicial cowardice.

 

Apparently, too many life-tenured Article IIIs in the ivory tower think that they and their privileged circles will escape the gratuitous harm being inflicted on our nation and on vulnerable individuals by a scofflaw executive. Certainly, not unlike the enabling white male judges and Supreme Court Justices who “looked the other way” and thereby enabled Jim Crow regimes to corruptly use our legal system to disenfranchise, murder, oppress, and otherwise abuse African American citizens.

 

Where has judicial courage among the higher levels of our Federal Judiciary gone?

 

PWS

 

11-26-19

 

 

HISTORICAL PERSPECTIVE:  HOW TRUMP’S WHITE NATIONALIST REGIME SEIZED CONTROL OF THE IMMIGRATION BUREAUCRACY & IS USING IT TO RE-CREATE 1924 & PROMOTE ITS AGENDA OF RACIST HATE — Who Needs Legislation When You Have GOP Obstructionists In Congress & Feckless Federal Courts?

https://www.huffpost.com/highline/article/invisible-wall/

Rachel Morris
Rachel Morris
Executive Editor
HuffPost Highline

Rachel Morris writes in Highline:

IN THE TWO YEARS AND 308 DAYS THAT DONALD Trump has been president, he has constructed zero miles of wall along the southern border of the United States. He has, to be fair, replaced or reinforced 76 miles of existing fence and signed it with a sharpie. A private group has also built a barrier less than a mile long with some help from Steve Bannon and money raised on GoFundMe. But along the 2,000 miles from Texas to California, there is no blockade of unscalable steel slats in heat-retaining matte black, no electrified spikes, no moat and no crocodiles. The animating force of Trump’s entire presidency—the idea that radiated a warning of dangerous bigotry to his opponents and a promise of unapologetic nativism to his supporters—will never be built in the way he imagined.

And it doesn’t matter. In the two years and 308 days that Donald Trump has been president, his administration has constructed far more effective barriers to immigration. No new laws have actually been passed. This transformation has mostly come about through subtle administrative shifts—a phrase that vanishes from an internal manual, a form that gets longer, an unannounced revision to a website, a memo, a footnote in a memo. Among immigration lawyers, the cumulative effect of these procedural changes is known as the invisible wall.

In the two years after Trump took office, denials for H1Bs, the most common form of visa for skilled workers, more than doubled. In the same period, wait times for citizenship also doubled, while average processing times for all kinds of visas jumped by 46 percent, even as the quantity of applications went down. In 2018, the United States added just 200,000 immigrants to the population, a startling 70 percent less than the year before.

Before Trump was elected, there was virtually no support within either party for policies that make it harder for foreigners to come here legally. For decades, the Republican consensus has favored tough border security along with high levels of legal immigration. The party’s small restrictionist wing protested from the margins, but it was no match for a pro-immigration coalition encompassing business interests, unions and minority groups. In 2013, then-Alabama Senator Jeff Sessions introduced an amendment that would have lowered the number of people who qualified for green cards and work visas. It got a single vote in committee—his own. As a former senior official at the Department of Homeland Security observed, “If you told me these guys would be able to change the way the U.S. does immigration in two years, I would have laughed.”

. . . .

In November, Cuccinelli was promoted to DHS deputy acting secretary. Kathy Nuebel Kovarik became acting deputy at USCIS and Robert Law, the former FAIR lobbyist, ascended to the head of the policy office. The agency has promised a new flurry of major policy changes before the end of the year. And in what is perhaps the purest expression of the administration’s intentions so far, it started sending Central American asylum seekers to Guatemala with no access to an attorney, no review by an immigration court, far away from the border infrastructure of activists and reporters and lawyers or any form of help at all.

IT’S EASY ENOUGH TO BELIEVE THAT BECAUSE NONE of the Trump administration’s reforms are entrenched in law, they can be overturned as quickly as they were introduced. And yet even though, in theory, the policy memos can all be withdrawn, the “sheer number of both significant and less significant changes is overwhelming,” said Jaddou, the former USCIS chief counsel. “It will take an ambitious plan over a series of years to undo it all.” Formal regulations, like the third-country asylum rule and public charge rule, if it succeeds, will be especially hard to unravel.

The institutional implications run deeper. The backlog of delayed cases will likely take several years to get under control. The administration has promoted six judges with some of the highest asylum denial rates to the Justice Department’s immigration appeals court, including one who threatened to set a dog on a 2-year-old child for failing to be quiet in his courtroom. Those appointments are permanent.

The refugee program, too, will take years to rebuild. The plunge in admissions caused a plunge in funding to the nine resettlement agencies, which have closed more than 100 offices around the country since 2016. That’s a third of their capacity, according to a report by Refugees Council USA. “The whole infrastructure is deteriorating,” said Rodriguez, the former USCIS director. Because the application process is so lengthy, even if a new administration raises refugee admissions on day one, it would take as long as five years before increased numbers of people actually make it to the United States. Consider that in January 2017, the State Department briefly paused in-bound flights for refugees who had finally made it through the gauntlet of health, security and other checks. As of this summer, some of those refugees were still waiting to leave. While the flights were grounded, they missed the two-month window during which all of their documents were current. When one document expires, it can take months to replace, causing others to expire and trapping the refugee in what the report called “a domino effect of expiring validity periods.”

Even harder to repair is the culture shift within USCIS. New visa adjudicators will remain in their jobs long after the political appointees have gone—kings and queens of their own offices. Employees who were promoted for their skeptical inclinations will stay in those positions, setting priorities for subordinates. The multitude of changes at USCIS are the product of an administration that regards immigration as its political lifeblood. There’s no guarantee—or indication—that any of the potential Democratic nominees would apply the same obsessive zeal to overturning them.

Back in 1924, Johnson-Reed’s supporters never anticipated the Holocaust, and yet they expanded its horrors. We don’t know where our own future is headed, but we live in a time of metastasizing instability. Last year, the United Nations’ official tally of refugees passed 70 million, the highest since World War II. Mass migrations, whether because of violence or inequality or environmental calamity or some murky blend of factors that don’t conveniently fit existing laws, are the reality and challenge of our era. There aren’t any easy solutions. But already, what started as a series of small, obscure administrative changes is resulting in unthinkable cruelty. If left to continue, it will, in every sense, redefine what it means to be American.

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

Read Rachel’s entire, much longer, article at the link.

Building Due Process and fundamental fairness is a painstaking incremental process that takes years, sometimes decades, to achieve. Destroying it can happen basically overnight.

This should never have happened if the Supremes had stood up to the Administration’s unconstitutional, factually bogus, racist, religiously targeted “Travel Ban” instead of green-lighting the return of “Jim Crow 2” under a clearly pretextual and fabricated “national security” facade. Judicial complicity and task avoidance enables cruelty and the destruction of democratic institutions (including, ultimately, the independent judiciary).  That’s why the “New Due Process Army” is in it for the long run!

Constantly Confront Complicit Courts 4 Change!

Due Process Forever. White Nationalism Never! Complicit Courts Never!

PWS

11-26-19

PROFESSOR KAREN MUSALO @ LA TIMES: We Can Restore Legality & Humanity To U.S. Asylum Law — That’s Why The Refugee Protection Act Deserves Everyone’s Support — “The bill lays out a plan to allow women and girls fleeing gender-based violence the opportunity to obtain asylum, and bring our country back in line with its humanitarian commitments. It’s a vision that all members of Congress should be able to get behind, even at a time of bitter partisanship.”

Karen Musalo
Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings LawMusalo

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=55eeae6e-b617-4ffd-b041-a54c15a3ada7&v=sdk

Professor Musalo writes in the LA Times:

Every day, courageous women and girls arrive at our southern border seeking refuge from unimaginable violence. Under our laws, they have the right to apply for asylum and have their cases heard. But rather than offering protection, the Trump administration is determined to send them back to the countries they have fought so hard to escape.

On Thursday, Sen. Patrick J. Leahy (D-Vt.) and Rep. Zoe Lofgren (D-Calif.) introduced the Refugee Protection Act. The bill lays out a plan to allow women and girls fleeing gender-based violence the opportunity to obtain asylum, and bring our country back in line with its humanitarian commitments. It’s a vision that all members of Congress should be able to get behind, even at a time of bitter partisanship.

It’s no secret that this administration is systematically dismantling our asylum law. Women and children have borne the brunt of the suffering — from the egregious policies of family separation and “Remain in Mexico,” to the quiet publication of decisions by the attorney general that have closed door after door to those seeking safety.

The Refugee Protection Act would rectify many of these inhumane actions, and includes language to reverse recent decisions that have made it nearly impossible for women fleeing domestic violence or gang brutality to qualify as refugees.

One of those decisions — known as Matter of A-B- — was handed down by then-Atty. Gen. Jeff Sessions in 2018. That decision has been used to limit the legal definition of “refugee” in an attempt to eliminate the possibility of asylum in the U.S. for victims of domestic violence, sex trafficking and other gender-based human rights violations. Since then, we have seen asylum approval rates plummet for women, children and families arriving at our southern border.

The Matter of A-B- case involves a domestic violence survivor from El Salvador who fears she will be killed if she is sent back to her country. My organization, the Center for Gender & Refugee Studies, has represented A.B. in her asylum case for nearly two years.

In El Salvador, A.B., a courageous and resilient woman, endured over 15 years of beatings, rapes, death threats and psychological abuse at the hands of her husband. She secured a divorce and even moved to another part of El Salvador, desperate to escape her abuser. But no matter where she went, he tracked her down. When she requested a restraining order, the police provided her one — and told her to hand-deliver it to him. Fearing that he would make good on his threat to kill her, she fled to the United States.

In 2016, A.B. was granted asylum by the highest administrative tribunal in the immigration system, the Justice Department’s Board of Immigration Appeals. But in a highly unusual procedural move, Sessions seized upon A.B.’s case, overturned the grant of asylum, and used it to declare that the United States should no longer extend protection to domestic violence survivors.

A.B. has appealed Sessions’ action, but until a final decision is reached, she remains terrified that she will be deported. Countless other women who have made the arduous journey to the United States also face a hostile immigration system and, post-Matter of A-B-, an even harder legal battle.

Congress has an opportunity to correct this. The new bill would clarify legal requirements for asylum and provide clear guidance for cases involving gender-based violence. It would ensure that asylum seekers like A.B. get a fair opportunity to argue her claim before a judge.

The United States has a long history of giving refuge to people who’ve come to our shores. This measure would be a step toward restoring that tradition.

Karen Musalo is a law professor and the founding director of the Center for Gender & Refugee Studies at UC Hastings College of the Law. She is also lead coauthor of “Refugee Law and Policy: An International and Comparative Approach (5th edition).”

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

Here’s  a link to an ImmigrationProf Blog summary and the text of the Refugee Protection Act, a recently introduced bill:

https://lawprofessors.typepad.com/immigration/2019/11/karen-musalo-restore-asylum-for-women-fleeing-abuse-and-death-.html

PWS

11-24-19

TRUMP REGIME ORDERS OFFICERS TO IGNORE EVIDENCE, VIOLATE HUMAN RIGHTS OF ASYLUM SEEKERS — “‘We are being asked to violate human rights,’” the asylum officer told BuzzFeed News.”

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
BuzzFeed News

https://www.buzzfeednews.com/article/hamedaleaziz/asylum-officers-guatemala-deport-central-guidance

Hamed Aleaziz reports for BuzzFeed News:

US immigration officers implementing a Trump administration plan to deport asylum-seekers from Central America to Guatemala were provided materials this week detailing the dangers faced by those in the country, including gangs, violence, and killings with “high levels of impunity.”

The “resource guide” on Guatemala was given to asylum officers as part of materials to implement a controversial policy to deport adult asylum-seekers from El Salvador and Honduras to Guatemala. The guide, which was obtained by BuzzFeed News, relies primarily on public sources: academic publications, research from Human Rights Watch and other organizations, and news reports.

A Human Rights Watch report from 2018 that was included in the guide for asylum officers, said “Violence and extortion by powerful criminal organizations remain serious problems in Guatemala. Gang-related violence is an important factor prompting people, including unaccompanied youth, to leave the country.”

The research provided to the officers confirmed some of their worst fears about sending people to the country.

“Being told to send asylum-seekers to Guatemala without even a screening on their claim while also being given research explaining, in detail, the incredible danger that exists throughout the country is extensively frustrating,” said one asylum officer, who requested anonymity because he was not authorized to speak to the media. “This agreement feels like a pretext to get rid of as many asylum claims as possible.”

pastedGraphic.png

Emilio Espejel / AP

Central American migrants wait at the El Chaparral border crossing in Tijuana, Mexico.

The Trump administration began this week carrying out its controversial new policy of deporting to Guatemala adults from El Salvador and Honduras who have sought asylum at the southern US border. DHS officials confirmed an initial flight to Guatemala in a Thursday press briefing.

The Trump administration says the plan is a key element in its strategy to deter migration at the border and another method to restrict asylum-seekers from entering the US. Advocates and asylum officers previously told BuzzFeed News that the unprecedented plan lacks legality and organization, and will lead immigrants to be placed in dangerous circumstances.

“Data from Guatemala’s Attorney General’s Office shows that nearly 8,400 extortion complaints were filed in 2017, but less than 700 convictions made,” reads one research paper linked in the guide to asylum officers on extortion issues in the country. “Amid such high levels of impunity, fear of reprisals for not paying extortion demands is a huge concern among victims.” A link to a Guardian article titled “Guatemala in grip of ‘mafia coalition,’ says UN body in scathing corruption report,” is also included, among other stories detailing major safety issues in the country.

US Citizenship and Immigration Services officials included the guidance in an email to asylum officers across the country Wednesday morning in a notice that implementation of the policy would begin, according to a copy of the email provided to BuzzFeed News.

Under the policy, border officials in the El Paso, Texas, area will refer a small number of adult asylum-seekers from El Salvador and Honduras who have recently arrived at the border to asylum officers for interviews, according to two sources with knowledge of the process.

BuzzFeed News recently revealed that, up until late last week, Department of Homeland Security officials were still scrambling to resolve critical details about the Guatemala plan. “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 a DHS brief drafted for Acting Secretary Chad Wolf in the run-up to a meeting Friday with Guatemala Interior Minister Enrique Degenhart.

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, 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.

“We are being asked to violate human rights,” the asylum officer told BuzzFeed News.

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

Summary: Government officials routinely and openly violate human rights of asylum seekers and other migrants with impunity.

Sounds like something out of the Country Reports for some of the repressive states that I used to deal with in deciding asylum cases as an Immigration Judge. 

Now, it describes the United States.

Even before Trump, the U.S. had a rather poor record of holding human rights violators accountable. The folks who mapped out the clearly illegal “torture program” during the Bush II Administration were never held accountable. Indeed, several of them were actually rewarded despite their involvement in immoral and illegal actions.

PWS

11-22-19

WHILE LIFE-TENURED FEDERAL JUDGES CHICKEN OUT, FORMER ASYLUM OFFICER DOUG STEPHENS SPEAKS OUT IN NYT VIDEO EDITORIAL AGAINST JUDICIALLY-ENABLED NATIONAL DISGRACE OF “LET ‘EM DIE IN MEXICO” — “A former asylum officer says ‘remain in Mexico’ and other policies undermining asylum aren’t just racist, they’re illegal.”

Doug Stephens
Doug Stephens
Attorney
Former Asylum Officer

https://www.nytimes.com/2019/11/20/opinion/trump-asylum-remain-mexico-policy.html

By Doug Stephens

Mr. Stephens is a lawyer.

Video by Leah Varjacques and Taige Jensen

In the Video Op-Ed above, a former asylum officer reveals why he resigned: to protest President Trump’s policy requiring migrants to remain in Mexico while awaiting hearings.

Doug Stephens had been an asylum officer for two years. But two days and five interviews that resulted in sending asylum seekers back to danger shook him. He drafted a memo detailing his legal objections to the policy, and circulated it to 80 of his colleagues, his supervisors and a member of Congress. And then he quit.

Mr. Stephens is not the only asylum officer who has grappled with following orders. In interviews with a half-dozen current and former asylum officers across the country, The Times learned of individuals leaving their posts, requesting job transfers and falling into deep depression.

The right to asylum has been a cornerstone of international immigration law since the 1951 United Nations Convention Relating to the Status of Refugees. The United States, along with 144 other nations, made a commitment to protect those who arrive at our borders with “a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.”

To date, Mr. Trump’s remain in Mexico policy, officially known as one of the “Migrant Protection Protocols,” has left nearly 58,000 asylum seekers stranded in Mexico.

Doug Stephens, a lawyer, resigned his post as a Citizenship and Immigrations Services asylum officer in San Francisco in August.

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

See the video at the above link.

Doug “gets it,” and it didn’t take him long. My Georgetown Law students “got it.” They kept asking me how this could be happening when it seemed to be clearly illegal and a violation of the Fifth Amendment as well as international treaties.  

But, Chief Justice John Roberts and the majority of the Supremes don’t get it? A three-judge panel of the Ninth Circuit didn’t get it? The Ninth Circuit ruminates for months on a question that a District Judge already answered in short order and that most first year law students could figure out in a few minutes. Circuit Courts keep signing off on removal orders produced by a clearly unconstitutional “kangaroo court” system where applicants are denied a fair and impartial decision-maker and the Chief Prosecutor can and does reach in and change results favorable to the applicant that he doesn’t like? 

Something is wrong with this picture. And, it starts with intellectual corruption and cowardice at the highest levels of our Federal Judiciary.

Trump has never made any secret that he hates refugees and migrants for unconstitutional racial, ethnic, and political reasons, that he intends to keep them out, and that he really doesn’t care about the Constitution, due process (except for himself), the Refugee Act, or international norms. He has utter contempt for Federal Judges and for Congress.

He tried, with spectacular lack of success, to get Congress to change the immigration and refugee laws by holding “Dreamers” hostage. Failing, he just went ahead and plowed through the Refugee Act, the Fifth Amendment, and the UN Convention, harming and killing folks in his wake. Just like he illegally reprogrammed money to build an unneeded, yet politically significant, “wall” that Congress had pointedly refused to fund. Never let the law, the national interest, or democratic institutions get in the way of the Trump White Nationalist political agenda.

The Court’s response: Let’s look the other way, like we did in the “Travel Ban Case.” We’re sort of offended by your unpresidential conduct, but, hey, as long as it doesn’t affect us and our families we’ll just hope you’ll tone it down because we really don’t want to confront you. But, if you “double down” instead, we’ll pretend like it’s never happened. Oh, and by the way, perhaps we can help you heap further abuse on your “Dreamer hostages.” What’s a little more pain and suffering on kids that we can cover up with legal gobbledygook.

One of Trump’s biggest “dissings” of the Supremes: His Administration’s total disregard and effective overruling of the Supreme’s landmark INS v. Cardoza -Fonseca case requiring the Government to implement a generous interpretation of the “refugee” definition for asylum to conform to the plain language of the statute as well as the Congressional intent behind the Refugee Act. Donald Trump and his immigraton thugs don’t even recognize what “generosity” is, and he has basically wiped out the Refugee Act and its asylum provisions without any changes in the law. How’s that for contempt of Court!

Roberts can blabber his head off about whether there are “Obama Judges” or “Trump Judges.” But, actions speak louder than words; until he and his fellow GOP appointees on the Court actually stand up to Trump’s abuses of the law, his babbling will be drowned out by Trump’s tweets.

Trump’s not right about much. But, maybe he has a point in his contemptuously arrogant attitude that the Supremes and most Circuits won’t dare require him to follow the laws or operate within the Constitution, particularly as his continues to “pack” the Federal Courts with his guaranteed judicial toadies.

That’s going to be the legacy of the “Roberts Court” if our Chiefie doesn’t wake up some morning with a new backbone and start joining his liberal colleagues in putting some breaks on Trump’s outrageous scofflaw conduct in the immigration and asylum area and saving some innocent lives in the process.

And the process should start with emphatically rejecting the Solicitor General’s unethical and often factually  inaccurate and legally defective attempts to invoke the Supremes’ aid in short-circuiting the system any time the Big Baby Boss is upset with lower courts properly reigning in his illegal actions and making him follow the rules like everyone else.

Trump’s “malicious incompetence” often doesn’t accomplish much. He’s a divider, not a uniter.  He’s only President of his base. The majority of the Americans can just “go pound sand” as far as he’s concerned.

But one thing he might eventually unite Americans on, for differing reasons, is contempt for spineless Federal Courts who won’t stand up to tyranny. And, that won’t be good for the future of our Constituitional Republic.

Due Process Forever! Complicit Courts Never!

That’s why the “New Due Process Army” could be the last, best hope for American’s survival. Constantly Confront Complicit Courts 4 Change!  The “blood of the innocents” will be upon their spiffy robes if the “privileged life-tenured ones” don’t get out of their “ivory tower hazes” and have the guts to do their jobs!

PWS

11-20-19

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.

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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