DON KERWIN @ CMS: REFUGEES HELPED MAKE AMERICA GREAT — NOW UNPATRIOTIC TRUMP ADMINISTRATION PLANS TO COMPLETELY ABANDON WORLD’S REFUGEES AT THEIR TIME OF GREATEST NEED — Richest, Most Diverse, Most Resettlement-Able Country In The World Intends To Shirk Humanitarian Duties — Undoubtedly Some Will Die & Many Will Be Traumatized By This Cowardly Attack On On International Obligations To World’S Most Vulnerable!

https://cmsny.org/whats-less-patriotic-than-abandonment-of-the-us-refugee-protection-program/

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies

Don writes:

What’s less patriotic than abandonment of the US refugee protection program?

Donald Kerwin

Director

Center for Migration Studies

(Raúl Nájera/Unsplash)

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This week, the Trump administration has descended to a new level of contempt for the US refugee protection system. From its very first days in office when it evoked specious national security concerns to suspend the US Refugee Admissions Program (USRAP) for 120 days and indefinitely bar the admission of Syrian refugees, the administration has sought to discredit and diminish the US refugee resettlement, asylum, temporary protection, and other humanitarian programs.

As a presidential candidate, Donald Trump regularly decried the ways in which President Barack Obama exercised Executive authority, including by offering status, work authorization and protection from deportation to undocumented residents brought to the United States as children. As president, however, he has far exceeded Obama in unilaterally exercising his immigration authorities, albeit in favor of indiscriminate enforcement and evisceration of humanitarian programs. Many of these measures – although often justified on rule of law grounds – have not survived legal challenge.

To provide just a sampling of the Trump administration’s misguided policies, it has cut refugee admissions to historically low levels at a time of unprecedented need; has sought to rescind Temporary Protected Status (TPS) for 95 percent of the program’s beneficiaries; ended the Central American Minors (CAM) program which allowed El Salvadoran, Guatemalan, and Honduran children to undergo refugee screening in their own countries and join their legally present parents in the United States; cut aid to the Northern Triangle states, which have produced in recent years the lion’s share of migrants and asylum-seekers to the United States, and; denied access to the US asylum system through interception, border enforcement, and cruel deterrence strategies, such as separating children from parents and forcing asylum seekers to wait for months in dangerous Mexican border cities while their US claims are pending.

The president habitually impugns the patriotism of his critics, but has systematically attempted to dismantle quintessentially American programs, which have long reflected and projected US values. Some of the most shameful episodes in the US history – as when it turned away the Jewish refugees fleeing Nazi Germany on the S.S. St. Louis – involve the United States’ failure to protect refugees. By contrast, its leadership in responding to the refugees generated by World War II, the Vietnam conflict, the Cuban revolution, and the Balkans war in the former Yugoslavia – earned it the respect, gratitude and good will of many states and countless persons.  They made it a beacon of freedom.

How do these programs serve US interests? They save lives (a core value). They promote regional and global stability. They reduce irregular migration. They promote US foreign policy goals. They encourage developing nations to continue to offer haven and integration opportunities to the bulk of the world’s refugees. They promote cooperation with US diplomatic, military and counterterror strategies. They link communities, including diverse faith communities, that work together to welcome and resettle refugees. As President Ronald Reagan put it in 1981, they continue “America’s tradition as a land that welcomes peoples from other countries” and shares the “responsibility of welcoming and resettling those who flee oppression.”

On July 18, Politico reported that the administration has been trying to make the case for admitting no refugees in FY 2020 – not those already approved for admission, not the family members of refugees in the United States, not those who assisted the US military in Iraq and Afghanistan, and not survivors of religious persecution, although the administration regularly touts its commitment to religious liberty. It has reportedly been weighing a farcical rationale for this extraordinary step; that is, the United States cannot both process asylum claims and resettle refugees, although it has been doing both for decades.

On July 15, the Department of Homeland Security (DHS) and the Department of Justice (DOD) issued final interim regulations – which became effective the following day – that seek to deny access to the US asylum system to virtually every asylum-seeker at the southern border. With narrow exceptions, the rule would bar asylum claims by those “who did not apply for protection from persecution or torture where it was available in at least one third country” outside his or her “country of citizenship, nationality, or last lawful habitual residence through which he or she transited en route to the United States.”

Yet the Immigration and Nationality Act allows any non-citizen physically present in the United States to apply for asylum.  Removal is permitted only “pursuant to a bilateral or multilateral agreement” to a third country where “the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien is eligible to receive asylum or equivalent temporary protection.” In short, this exception applies to “safe third country” agreements with other nations.  The United States has only one such agreement – with Canada – which does not apply to asylum-seekers with family members in the other country, as the DHS and DOD regulation would.  The pre-conditions for such an agreement are that an agreement actually exists,  the state parties to the agreement are “safe,” and they have “full and fair” asylum policies and procedures. The DHS/DOJ rule flouts all of these statutory requirements.

Ironically, the Trump administration claims that it needs to take this step based on the numbers of people seeking protection from countries such as El Salvador, Guatemala, Honduras, Nicaragua, and Venezuela. Yet great demand and need argue for a robust, well-resourced asylum system, not the shell of a program.

Some percentage of asylum-seekers from these countries will ultimately be found to be ineligible for asylum, although a very high percentage have been forced to leave their violence-torn homelands and will at least present credible claims. For its part, the Trump administration has not effectively addressed the causes driving the flight of these migrants, has not offered legal migration opportunities to those in great need, and has failed to take any of steps necessary to address a human crisis of this magnitude. These steps would certainly reduce irregular migration and the high numbers of asylum seekers at the US-Mexico border.  Instead, it has resorted to deterrence, interception and border enforcement policies – a recipe for failure on humanitarian, legal, and enforcement grounds, and a boon only to human smuggling networks and for-profit prisons.

The administration is dismantling the US refugee resettlement program and the asylum system – at immense human cost, to the nation’s detriment, and with disastrous consequences for the international system of refugee protection which it once led.  This isn’t patriotism.  It’s an act of sabotage of a defining set of American value and a once proud program.  One day – perhaps soon – it will be looked upon as a shameful episode in US history.

July 19, 2019

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Wow! Just when you might have thought Trump couldn’t be any more cowardly or unpatriotic, he sinks us even lower!

Trump’s claims that the U.S. is “full” or that we don’t have room for more refugees is pure racist restrictionist BS! According to Amnesty International, one-third of the world’s refugees, 6.7 million people, are hosted by the world’s poorest countries. https://www.amnesty.org/en/what-we-do/refugees-asylum-seekers-and-migrants/global-refugee-crisis-statistics-and-facts/

Under Trump, the U.S. has become a leading shirker of refugee resettlement responsibilities, encouraging other prosperous Western Nations to follow our cowardly and selfish example.

Lebanon (GNP approx. $52 billion) hosted 1.4 million refugees, or 156 refugees per 1,000 inhabitants; Jordan (GNP approx. $41 billion) hosted 2.5 million refugees, or 72 refugees per 1,000 inhabitants. Meanwhile, the U.S., GNP approx. $20 trillion+, has reduced its refugee resettlement commitment to less than 30,000 and now outrageously proposes to “zero it out.” 

Cowardly, inhumane, irresponsible, selfish, racist leaders reflect on all of us, not just on the disturbing lack of values of the minority of Americans who installed them in office and keep them propped up.

The U.S. is now officially leading the “race to the bottom.” Will those of us who believe in a confident, generous, courageous, patriotic America, reestablishing ourselves as a human rights leader be able to get it together to “right the ship” in 2020. Or, will the Ship of State continue to sink with Trump and his unpatriotic White Nationalist racists at the helm?

PWS

IT’S 1939 IN AMERICA: TRUMP STAGES GOOD OLD FASHIONED FASCIST-STYLE HATE RALLY IN NORTH CAROLINA — GOP OK WITH “FOURTH REICH” AS LONG IT EXCITES RACIST BASE PARTY RELIES UPON TO MAINTAIN MINORITY CONTROL OF AMERICA!

https://www.huffpost.com/entry/fascist-trump-rally-greenville-ilhan-omar-send-her-back_n_5d30529fe4b0419fd328b270

Christopher Mathias
Christopher Mathias
Senior Reporter
HuffPost

Christopher Mathias reports for HuffPost:

GREENVILLE, N.C. —  Mark and Nancy Dawson think Muslims should be removed from the United States.

The couple drove an hour and a half from Seaboard, North Carolina, for Wednesday’s campaign rally for President Donald Trump. They arrived early, setting up some lawn chairs in the shade of a tree as temperatures climbed toward 100 degrees outside Williams Arena.

“I think Muslims should be kicked out of the country because Sharia law is not conducive to the Constitution, period,” said Mark, a retiree in a camouflage “Trump 2020” baseball cap and a T-shirt emblazoned with the words “United States of America: Love It or Leave It.”

“I don’t hate them,” Nancy, a retired IBM programmer, said of Muslims. “I just think they should go back where they can be together and have their own country and their own religion.”

The Dawsons’ vision of mass deportation didn’t feel like much of a fringe position at Wednesday’s “Keep America Great” rally in Greenville. When the president took the stage, he reupped his call for four Democratic congresswomen of color, all four of whom are American, to “go back” to the countries they came from.

When the president attacked Rep. Ilhan Omar (D-Minn.) — who came to this country as a Somali refugee before becoming a citizen — thousands of people inside the arena broke into a chant of “Send her back!”

It was an arresting scene: a predominantly white crowd of thousands, many in red “Make America Great Again” hats, encouraging a receptive president to illegally deport one of his political opponents, who is a black, Muslim American woman.

To scholars of fascism — who have been ringing the alarm bells since Trump began his climb to power in 2015 — the rally in Greenville felt like an escalation. Like the U.S. just made another leap toward outright fascism.

“I am not easily shocked. But we are facing an emergency,” tweeted Jason Stanley, a Yale University philosophy professor and author of the book “How Fascism Works.”

“Journalists must not get away with sugar coating this,” Stanley wrote. “This is the face of evil.”

Ruth Ben-Ghiat, a history professor at New York University who is an expert on fascism and propaganda, saw historical parallels in the Greenville rally.

“Trump has created a corps of supporters fanatically loyal to him who turn his latest racist messages into group rituals (chants, slogans) and who hate the people he tells them to,” Ben-Ghiat told HuffPost.

“All of this is consistent with the leader-follower relationship of fascist regimes.”

“Oh yea, it’s a fascist rally,” said Shane Burley, author of the book “Fascism Today: What It Is and How to End It.”

“I think that this rally is a rhetorical and political escalation for Trump, establishing him firmly to the right of his 2016 election,” Burley told HuffPost in a text exchange. “Which is what he wants to do because he wants to double down on his base for support, and he is doing that by playing on racist populism to create that motivation.”

This strategy, Burley said, will ensure that Trump supporters will “escalate their political behavior, which can be expressed violently, as we have seen with the rise of groups like Patriot Prayer.”

“I think that the rhetoric he chose to use, both about the congresswoman and with regards to the antifascist left, will have the result of inspiring violence.”

Inside the arena Wednesday, Trump supporters cheered on a brief act of violence. When a protester briefly interrupted the president’s speech, he was tackled by security guards and arrested. The crowd roared, breaking into a chant of “U-S-A!”

Trump, of course, has already inspired much more serious political violence, especially toward Somali-Americans like Omar.

In January, three Trump supporters, who belonged to a militia group called the “Crusaders,” were each sentenced to 25 years in prison for plotting to massacre Somali Muslims in Garden City, Kansas. That same month, two other Trump-supporting militia group members pleaded guilty to bombing a Somali mosque in Minnesota.

Among Trump supporters in Greenville on Wednesday, anti-Muslim bigotry was ubiquitous.

“Islam is not a real religion,” Bud “Wizzard” Harrell, a 61-year-old resident of Bear Grass, North Carolina, stated falsely. “It’s a religion of wars is what it is. Read the [Quran]. I’ve read a little bit. All I’ve seen is hateful stuff in there, vile, hateful stuff.”

“And also I see, just like what’s happening to Europe, they’re trying to do here: invade our country and get enough people in to have voting power to take over and control our country, and that’s what it is, an invasion,” Harrell said of Muslim immigrants, in a perfect recitation of the white supremacist “Great Replacement” conspiracy theory, which motivated a shooter to massacre 51 Muslims inside two New Zealand mosques this past March.

Brian Innis, a military veteran from Roanoke Rapids, North Carolina, said he supported Trump’s 2016 proposal to ban all Muslims — 1.7 billion people — from entering the U.S.

“Hardly no terror attacks being performed in the world by Christians,” Innis stated, incorrectly. “I wouldn’t say it’s called profiling, but you have to direct the issue where it’s coming from, and that’s where it’s stemming from.”

Trump supporters here also refused to entertain the idea that the president was racist when he told the four congresswomen of color — Reps. Omar, Alexandria Ocasio-Cortez (D-N.Y.), Ayanna Pressley (D-Mass.) and Rashida Tlaib (D-Mich.) — to “go back” to their own countries.

Telling people of color to “go back” where they came from is a foundational white nationalist insult in American history. (When nine black teenagers integrated a school in Little Rock, Arkansas, in 1957, a mob of a thousand white people heckled them with screams of “Go back to Africa.”)

Danny Sills, a 50-year-old truck driver from Williamston, North Carolina, said the president’s remarks about the congresswomen were “absolutely not” racist.

“If they wanna come here and assimilate and be Americans, they’re fine to be here,” he said of the congresswomen. “If they’re gonna try and destroy this country from within, they need to be somewhere else.”

As at every Trump rally before it, there was a widespread hatred of the press in Greenville, a well-documented characteristic of fascist movements.

Trump, after all, has spent his entire presidency calling the media “fake news” and “the enemy of the people.” It’s a view his supporters have embraced wholeheartedly.

As people stood in line outside the arena, MAGA merchants hawked “CNN sucks!” T-shirts while a band of teenagers in MAGA hats played a song called “CNN sucks.”

As this HuffPost reporter conducted interviews outside the rally, with supporters who wanted to answer questions, he was approached by a police officer, who warned him that there had been complaints he was “threatening and harassing” event attendees. The cop warned that if he received more complaints, this reporter would be removed from the rally.

When some reporters in the press pit stayed seated during the pledge of allegiance and the national anthem, Trump supporters angrily yelled “Stand up, media!” from the stands.

And of course, when Trump attacked the media in his speech, the crowd went wild.

“I don’t listen to Fox, I don’t listen to CNN. I don’t listen to any of ’em,” said Allicyn Steverson, a 57-year-old teacher from Florence, South Carolina. “I listen to Trump’s tweets and his QAnons.”

QAnon, or simply “Q,” is an anonymous poster, or posters, on message boards like 8chan, who claims to be a government official with high-level security clearance. Followers of Q believe that this anonymous poster is secretly working with the Trump administration to arrest Democrats en masse. QAnon is, in essence, a pro-Trump conspiracy theory — one with a large following.

“We had Q shirts on and [the Secret Service] made us take our shirts off,” Steverson said.

“They said they were given orders that if anyone had a Q shirt on they had to take it off, so we had to go buy these,” Steverson added, pointing to brand-new Trump T-shirts she and her friend were wearing.

Steverson said she wasn’t mad though. She was sure the Trump campaign had its reasons.

Inside the arena in Greenville, the devotion to Trump was complete. And it seemed like the president could feel it.

“Just returned to the White House from the Great State of North Carolina,” Trump tweeted Wednesday night. “What a crowd, and what great people. The enthusiasm blows away our rivals on the Radical Left. #2020 will be a big year for the Republican Party!”

Omar, however, had a tweet of her own, posting a verse from the poem “Still I Rise” by American poet Maya Angelou.

“You may shoot me with your words / You may cut me with your eyes / You may kill me with your hatefulness / But still, like air, I’ll rise.”

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

The real danger to America comes not from those who peacefully exercise their Constitutional right to dissent and criticize Government policies. No, it comes from those like Trump who spread lies and false narratives intended to incite hate and violence against “the other.” Really the key to Nazism.

Today, Trump disingenuously tried to distance himself from the hate chant he encouraged. As usual, he lied. The videos of the event show the ugly truth. Trump and his supporters are the ones who hate the real America and who are committed to destroying our Constitution and our democracy. The GOP has shown itself to be Trump’s party of facism. Can the rest of us stop them before it’s too late for America and the world?

PWS

07-18-19

 

NDPA COUNTERATTACKS: ACLU, Immigrants’ Rights Groups Challenge Trump’s Scofflaw Attempt To Repeal Asylum Statute By Regulation That Failed To Comply With Legal Requirements For Advance Notice & Comment!

hhttps://www.wsj.com/articles/civil-rights-and-immigration-groups-file-lawsuit-challenging-new-trump-limits-on-asylum-claims-11563310786

Brent Kendall
Brent Kendall
Legal Reporter
Wall Street Journal

Brent Kendall reports for the WSJ:

Civil-rights and immigration groups filed a law­suit chal­leng­ing new Trump ad­min­is­tra­tion rules that could dra­mat­i­cally limit asy­lum claims by Cen­tral Amer­i­can mi­grants seek­ing en­try to the U.S.

The suit, filed in a northern Cal­i­for­nia fed­eral court on Tues­day, al­leges the new asy­lum pol­icy is “an un­lawful ef­fort to sig­nif­i­cantly un­der­mine, if not vir­tu­ally re­peal, the U.S. asy­lum sys­tem at the south­ern bor­der.

It “cru­elly closes our doors to refugees flee­ing per­se­cu­tion,” the suit added.

The Amer­i­can Civil Lib­er­ties Union filed the law­suit on be­half of sev­eral groups that as­sist mi­grants and refugees.

. . . .

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

Read the rest of Brent’s article at the above link.

Go New Due Process Army, Beat Scofflaws!

PWS

07-16-19

SPRINT TO THE BOTTOM: Trump Administration Trashes Refugees & Human Rights In A Despicable Return To “1939-Style Fascism Lite!” — America’s Rancid Conduct & Negative Leadership Presages Another Worldwide Refugee Tragedy — This Time The Blood Will Be Directly On Our Hands!

https://www.washingtonpost.com/opinions/were-in-an-age-of-impunity-it-will-have-consequences-for-us-all/2019/07/07/8ff2d894-9f2b-11e9-9ed4-c9089972ad5a_story.html

E.J. Dionne, Jr
E.J. Dionne, Jr.
Opinion Writer
Washington Post
David Miliband
David Miliband
Chief Executive
International Rescue Committee

E.J. Dionne, Jr. writes in the Washington Post commenting on a recent speech by David Miliband, Chief Executive of the International Rescue Committee:

. . . .

“A new and chilling normal is coming into view,” Miliband concluded. “Civilians seen as fair game for armed combatants, humanitarians seen as an impediment to military tactics and therefore unfortunate but expendable collateral, and investigations of and accountability for war crimes an optional extra for state as well as nonstate actors.”

But these evils cannot be isolated from the larger political corrosion in the rest of the world — and this includes the long-standing democracies themselves. “The checks and balances that protect the lives of the most vulnerable people abroad,” he said, “will only be sustained if we renew the checks and balances that sustain liberty at home.”

This isn’t simply about aligning principle and practice. More fundamentally, when governments abandon a commitment to accountability domestically, they no longer feel any obligation to insist upon it internationally. It’s no accident, as Miliband noted, that under President Trump, the United States “has dropped the promotion of human rights around the world from its policy priorities.”

He pulled no punches: “The new order is epitomized in the photo of Russian President [Vladimir] Putin and Saudi Crown Prince [Mohammed bin] Salman high-fiving each other at the G-20 meeting in Argentina in November last year. With Syria in ruins, Yemen in crisis, and political opponents like Boris Nemtsov and Jamal Khashoggi dead, theirs was the embrace of two leaders unencumbered by national institutions or by the fear of international law.”

Miliband acknowledged the mistakes of an earlier era (including the Iraq War) but argued that “accountability, not impunity” was on the rise in the 1990s, when there was “an unusual consensus across the left-right divide” about “the need for global rules.” We have said goodbye to all that.

In 2002, Samantha Power, later the U.S. ambassador to the United Nations, published “ ‘A Problem from Hell’: America and the Age of Genocide,” a book that stirred consciences about the world’s obligations to helpless people unprotected — and often targeted — by sovereign governments.

Nearly two decades on, we are numb, distracted and inward-looking.

Miliband understands that democratic citizens, grappling with their own discontents, will be inclined to look away from the travails of others “until there is a new economic and social bargain that delivers fair shares at home.”

But an Age of Impunity not only poses immediate dangers to millions confronting violence far away. It also corrodes the sense of obligation of the privileged in wealthy nations toward those left behind. When anything goes, no one is safe.

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

Read the complete article at the above link.

The key point here for Americans who have been “tone deaf” to Trump’s (and his toadies at DHS, DOJ, DOS, and elsewhere) gross abuses of the rule of law, human rights, and human dignity is the following: “When anything goes, no one is safe.”

PWS

07-08-19

TRUMP’S DHS STOOGES LIED! — Gov’s Own Photos & Reports Show Filthy, Disgusting, Inhumane Detention Conditions — Lawyers, Reporters, Dems Vindicated — DHS Officials Who Denied Mistreatment Lied — Why Haven’t They Been Fired?

https://apple.news/A72_kcc-XTqCtxbEfuTrUzQ

Julia Ainsley
Julia Edwards Ainsley
Investigative Reporter, NBC News
AnnieRose Ramos
Annie Rose Ramos
Producer, NBC News

WASHINGTON — Government investigators have identified poor conditions in another sector of the southern border, publishing graphic photos showing extreme overcrowding in Rio Grande Valley migrant facilities and finding that children there did not have access to showers and had to sleep on concrete floors.

Investigators for the Department of Homeland Security who visited border stations in the El Paso, Texas, sector in May found similar conditions: Migrants being held in temporary facilities for weeks rather than days, single adults living in standing room-only cells with no space to lie down, and concerns about serious health risks.

The investigators for the DHS Office of the Inspector General toured five Border Patrol facilities and two ports of entry in the Rio Grande Valley sector during the week of June 10 and published their report as a “management alert” to the department on Tuesday.

Read the full report here.

The Rio Grande valley of Texas has the highest volume of immigrants along the United States-Mexico border. At the time of the visits by investigators, Border Patrol was holding 8,000 detainees in custody, with 3,400 being held longer than the 72-hour limit.

One senior manager at a facility called the situation a “ticking time bomb,” according to the report. When immigrants detained in the facilities saw investigators walking through, they banged on the cell windows and pressed notes against the plexiglass to show the length of time they had spent in custody. One said “Help 40 Day Here.”

On Monday, NBC News published findings by the inspector general that detailed poor conditions for migrants in border stations in El Paso as far back as May 7. Acting DHS Secretary Kevin McAleenan said at a press conference Friday that reports of poor conditions for children in border stations were “unsubstantiated.” McAleenan said children were given showers as soon as they could be made available.

“Most single adults had not had a shower in CBP custody despite several being held for as long as a month,” according to the latest report on conditions in the Rio Grande Valley.

The report also detailed what it called “security incidents” in which immigrants have tried to escape and once refused to return to their cells after being removed during maintenance. To address the problem, Border Patrol called in its special operations force to “demonstrate it was prepared to use force if necessary,” the report said.

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Go to the link to see the DHS IG’s own photos documenting the abusive conditions and to get a link to the redacted report showing how McAleenan, Provost, Trump and others are coving up an intentionally created human rights disaster inflicted upon the most vulnerable.

We’re beyond “malicious incompetence” and basically into covering up possible criminal misconduct. Why haven’t McAleenan, Provost, and the other human rights abusers been fired? I guess it’s because this is the Trump Administration where neither the law nor morality matter!

And, this doesn’t even factor in the racism, misogyny, cruelty, and and white supremacy infecting the Border Patrol as exposed in a recent report by Pro Publica https://www.propublica.org/article/secret-border-patrol-facebook-group-agents-joke-about-migrant-deaths-post-sexist-memes

To state the obvious, if Pro Publica can find this “hidden in plain sight” trash, it’s been right there under the noses of McAleenan, Provost, Morgan, and other DHS malicious incompetents all along. They just chose to look the other way.

PWS

07-02-19

COURTSIDE HAS BEEN SAYING IT FOR YEARS; THE NY TIMES FINALLY PICKS UP: Trump & Co’s White Nationalist Racist Immigration Policies Are Corrupting America!

https://www.nytimes.com/2019/07/01/opinion/border-immigration.html

 

The NY Times Editorial Board writes:

 

Last year, as part of an effort to carry out President Trump’s promise of “extreme vetting” of visitors to the United States, the Department of Homeland Security began collecting social media account information from millions of people seeking to cross the border.

After all, a radical online could be a radical offline.

That’s why the stream of posts ricocheting around a 9,500-member Facebook group, comprising current and former Border Patrol agents as well as some people with no apparent connection to the Border Patrol, is so troubling. Members of the group, as documented by ProPublica this week, “joked about the deaths of migrants, discussed throwing burritos at Latino members of Congress visiting a detention facility in Texas on Monday and posted a vulgar illustration depicting Rep. Alexandria Ocasio-Cortez engaged in oral sex with a detained migrant, according to screenshots of their postings.”

Of a 16-year-old migrant from Guatemala who died while in Border Patrol custody in May, a member of the group wrote, “If he dies, he dies.”

Customs and Border Protection said on Monday that it had informed the Department of Homeland Security’s inspector general about the posts and had started its own investigation. The National Border Patrol union decried the posts as “inappropriate and unprofessional.”

A reckoning from their superiors is due for any border agents who dishonored their uniform by spreading vileness on social media. In June, when the Plain View Project, a nonprofit research effort, released documentation on dozens of police officers from eight departments across the country posting racist, misogynist and Islamophobic material, 72 police officers in Philadelphia were pulled off the streets and the top prosecutor in St. Louis said she would no longer accept cases from 22 officers.

In a larger sense, the Border Patrol Facebook posts reveal a worrying mind-set among some of those charged with administering the harshest crackdown on migrants and asylum-seekers in decades. “These are clearly agents who are desensitized to the point of being dangerous to migrants and their co-workers,” Representative Joaquin Castro, who heads the Congressional Hispanic Caucus, told ProPublica.

The realities of that crackdown have created conditions that Americans would condemn if they were in another country.

While lawmakers refuse to compromise on emergency aid for the humanitarian needs at the border, “children are held for weeks in deplorable conditions, without access to soap, clean water, showers, clean clothing, toilets, toothbrushes, adequate nutrition or adequate sleep,” groups supporting the children wrote in a recent court filing. A judge on Friday ordered Customs and Border Protection to allow health workers into facilities where children are being held to ensure that conditions are “safe and sanitary.

On Monday, Ms. Ocasio-Cortez toured facilities where migrants and asylum-seekers are being held. “Officers were keeping women in cells w/ no water & had told them to drink out of the toilets,” she tweeted.

As the congressional delegation arrived at one detention facility, they were heckled and cursed at by demonstrators, including one man wearing a Make America Great Again hat. (Another heckler hurled ethnic slurs at Representative Rashida Tlaib.)

Only a callous person could find mirth in the misery at the border. And only a desensitized nation could continue to permit the separation of children from their parents — and detaining all of them in atrocious conditions — as a morally acceptable form of deterrence.

 

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The constant lies, false narratives, intentional inhumanity, and “deterrence only” of Trump’s self-created “border crisis” are merely the latest example of how White Nationalism demeans our nation. This Administration has all of the legal tools necessary to process arriving asylum seekers in a fair, timely, and orderly manner. They just refuse to use them as they were intended to solve, rather than intentionally create and aggravate, migration problems.

 

Contrary to Trump/GOP false narratives, that includes the present ability to establish a legitimate refugee application program in or near the Northern Triangle and to use it as an incentive for refugees to apply outside the United States rather than coming to the border to apply for asylum. However, to work as an incentive, rather than a failed deterrent, the refugee program must be administered in a fair and generous manner that would allow those who have legitimate fears of persecution on the basis of gender, actual or political opposition to gangs, ethnicity, or religious activities to be properly classified as refugees and resettled here or in some other truly safe location as determined in conjunction with the UNHCR and signatory countries outside the Northern Triangle who can actually provide at least a reasonable chance of safety.

That likely means a goal of admitting at least 50,000 to 100,000 refugees to the U.S. from Central America over the next year. That, along with robust aid to address the problems creating the refugee flow would be the legal and effective approach to the forced migration issue.

 

Additionally, the Administration has the ability to reauthorize and extend “Temporary Protected Status” (“TPS”) to qualified individuals from the Northern Triangle already present in the U.S. until such time as the conditions in their home countries can be stabilized. This would also have the advantage of tracking the presence of such individuals in the United States while reducing the pressure on the already backlogged U.S. Immigration Court system.

 

Of course, the Administration has no intention of using any of these tools to solve the problem. That would be inconsistent with their racist, restrictionist, White Nationalist agenda aimed primarily at keeping non-white individuals out of the United States and reducing the rights and political power of those who are already citizens. The purpose of refugee protection laws is actually to protect refugees, not, as this Administration posits, to kill as many of them as possible outside the U.S. or at our border to “deter” other refugees from coming.

 

Indeed, the Administration’s absurdly inhuman and unlawful  proposal to keep refugees from leaving the very countries where they are being persecuted, without addressing the conditions there, is basically that having them die, be tortured, or abused there is just fine with us. Whether folks like to face it or not, that is indeed a neo-Nazi philosophy. And, every day that Trump remains in the office for which he is so supremely unqualified further corrupts our nation.

 

PWS

 

07-02-19

 

 

 

AMERICA’S “MASS ATROCITY” — Professor Kate Cronin-Furman Says Don’t Kid Yourself About What The Trump Administration Is Doing In Your Name & How “Ordinary Civil Servants” Carry Out The Unthinkable & Unacceptable!

Professor Kate Cronin-Furman
Professor Kate Cronin-Furman
University College, London

Professor Kate Cronin-Furman writes in the NY Times:

The debate over whether “concentration camps” is the right term for migrant detention centers on the southern border has drawn long-overdue attention to the American government’s dehumanizing treatment of defenseless children. A pediatrician who visited in June said the centers could be compared to “torture facilities.” Having studied mass atrocities for over a decade, I agree.

At least seven migrant children have died in United States custody since last year. The details reported by lawyers who visited a Customs and Border Protection facility in Clint, Tex., in June were shocking: children who had not bathed in weeks, toddlers without diapers, sick babies being cared for by other children. As a human rights lawyer and then as a political scientist, I have spoken to the victims of some of the worst things that human beings have ever done to each other, in places ranging from Cambodia to the Democratic Republic of the Congo to Sri Lanka. What’s happening at the border doesn’t match the scale of these horrors, but if, as appears to be the case, these harsh conditions have been intentionally inflicted on children as part a broader plan to deter others from migrating, then it meets the definition of a mass atrocity: a deliberate, systematic attack on civilians. And like past atrocities, it is being committed by a complex organizational structure made up of people at all different levels of involvement.

Thinking of what’s happening in this way gives us a repertoire of tools with which to fight the abuses, beyond the usual exhortations to call our representatives and donate to border charities.

Those of us who want to stop what’s happening need to think about all the different individuals playing a role in the systematic mistreatment of migrant children and how we can get them to stop participating. We should focus most on those who have less of a personal commitment to the abusive policies that are being carried out.

Testimony from trials and truth commissions has revealed that many atrocity perpetrators think of what they’re doing as they would think of any other day job. While the leaders who order atrocities may be acting out of strongly held ideological beliefs or political survival concerns, the so-called “foot soldiers” and the middle men and women are often just there for the paycheck.

This lack of personal investment means that these participants in atrocities can be much more susceptible to pressure than national leaders. Specifically, they are sensitive to social pressure, which has been shown to have played a huge role in atrocity commission and desistance in the Holocaust, Rwanda and elsewhere. The campaign to stop the abuses at the border should exploit this sensitivity and put social pressure on those involved in enforcing the Trump administration’s immigration policies.

Here is what that might look like:

The identities of the individual Customs and Border Protection agents who are physically separating children from their families and staffing the detention centers are not undiscoverable. Immigration lawyers have agent names; journalists reporting at the border have names, photos and even videos. These agents’ actions should be publicized, particularly in their home communities.

This is not an argument for doxxing — it’s about exposure of their participation in atrocities to audiences whose opinion they care about. The knowledge, for instance, that when you go to church on Sunday, your entire congregation will have seen you on TV ripping a child out of her father’s arms is a serious social cost to bear. The desire to avoid this kind of social shame may be enough to persuade some agents to quit and may hinder the recruitment of replacements. For those who won’t (or can’t) quit, it may induce them to treat the vulnerable individuals under their control more humanely. In Denmark during World War II, for instance, strong social pressure, including from the churches, contributed to the refusal of the country to comply with Nazi orders to deport its Jewish citizens.

The midlevel functionaries who make the system run are not as visibly involved in the “dirty work,” but there are still clear potential reputational consequences that could change their incentives. The lawyer who stood up in court to try to parse the meaning of “safe and sanitary” conditions — suggesting that this requirement might not include toothbrushes and soap for the children in border patrol custody if they were there for a “shorter term” stay — passed an ethics exam to be admitted to the bar. Similar to the way the American Medical Association has made it clear that its members must not participate in torture, the American Bar Association should signal that anyone who defends the border patrol’s mistreatment of children will not be considered a member in good standing of the legal profession. This will deter the participation of some, if only out of concern over their future career prospects.

The individuals running detention centers are arguably directly responsible for torture, which could trigger a number of consequences at the international level. Activists should partner with human rights organizations to bring these abuses before international bodies like the United Nations Human Rights Council. They should lobby for human rights investigations, for other governments to deny entry visas to those involved in the abuses, or even for the initiation of torture prosecutions in foreign courts. For someone who is “just following orders,” the prospect of being internationally shamed as a rights abuser and being unable to travel freely may be significant enough to persuade them to stop participating.

When those directly involved in atrocities can’t be swayed, their enablers are often more responsive. For-profit companies are supplying food and other material goods to the detention centers. Boycotts against them and their parent entities may persuade them to stop doing so. Employees of these companies can follow the example of Wayfair workers, who organized a walkout on Wednesday in protest of their company’s sale of furniture to the contractor outfitting the detention centers. Finally, anyone can support existing divestment campaigns to pressure financial institutions to end their support of immigration abuses.

Many Americans have been asking each other “But what can we DO?” The answer is that we call these abuses mass atrocities and use the tool kit this label offers us to fight them. So far, mobilization against what’s happening on the border has mostly followed standard political activism scripts: raising public awareness, organizing protests, phoning our congressional representatives. These efforts are critical, but they aren’t enough. Children are suffering and dying. The fastest way to stop it is to make sure everyone who is responsible faces consequences.

Dr. Cronin-Furman is an assistant professor of human rights.

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“The fastest way to stop it is to make sure everyone who is responsible faces consequences.”

That includes attorneys who defend indefensible policies in Federal Court as well as Federal Judges all the way up to the Supremes who fail to stand up for Due Process for individuals, and who insist on treating Trump’s overt attacks on our Constitution, democracy, and human dignity as within the scope of “normal” Executive actions rather than intentional and dishonest abuses requiring censure and strong, courageous, unconditional disapproval. 

PWS

06-30-19

AMEN: A PRAYER IN THE TIME OF KAKISTOCRACY!

Judge (Ret.) Jeffrey S. Chase writes:

Hi all:  I volunteer on Tuesday nights at a free immigration law clinic run by the New Sanctuary Coalition, based in Judson Church In Greenwich Village, NYC.  As you can imagine, fear has been running high since the announcement of multi-city raids. Micah Bucey, a minister at Judson, composed the following non-denominational centering prayer that is now recited before each clinic.  I share with you for inspiration:

 

Spirit of Resistance,

You who are beyond the capacity of any border or name,

You who stretch beyond the indignity of any cage

You who envelop us in the power to persist, to protest, and to rehumanize, //

 

 

As we bring our passion and our pain to this place,

We offer gratitude for small gatherings that do monumental things,

We offer gratitude for a fierce community that unbuilds walls

And we offer gratitude for dreams of the world we are creating. //

 

 

We ask that you

Refresh us with new breath and energy for the long haul,

Guide us through fear, frustration, and panic,

Expand our hearts to envelop all those who pass through this room tonight and all those who have yet to make it to this room,

Ignite the fire of our faith in the truth that love knows no borders. //

 

 

Help us to never forget

That ICE is meant to melt,

That you cannot deport a movement,

And that the moral arc of the universe only bends toward justice if we keep bending it together. //

Amen

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

PWS

06-29-19

PROFILE IN COURAGE: DHS ASYLUM OFFICERS ASK COURT TO HALT TRUMP’S WHITE NATIONALIST, SCOFFLAW, HUMAN RIGHTS ABUSES — As Civil Servants Speak Out Against Anti-American Administration, Why Are Some Life Tenured Article III Judges & Immigration Judges Failing In Their Constitutional Duties & As Human Beings?

https://www.washingtonpost.com/immigration/u-s-asylum-officers-say-trumps-remain-in-mexico-policy-is-threatening-migrants-lives-ask-federal-court-to-end-it/2019/06/26/863e9e9e-9852-11e9-8d0a-5edd7e2025b1_story.html

Maria Sacchetti
Maria Sacchetti
Reporter, Washington Post

Maria Sacchetti reports for WashPost:

U.S. asylum officers slammed President Trump’s policy of forcing migrants to remain in Mexico while they await immigration hearings in the United States, urging a federal appeals court Wednesday to block the administration from continuing the program. The officers, who are directed to implement the policy, said it is threatening migrants’ lives and is “fundamentally contrary to the moral fabric of our Nation.”

The labor union representing asylum officers filed a friend-of-the-court brief that sided with the American Civil Liberties Union and other groups challenging Trump’s Migrant Protection Protocols program, which has sent 12,000 asylum-seeking migrants to Mexico since January. The policy aims to deter migrants from coming to the United States and to keep them out of the country while courts weigh their claims.

[Read the U.S. asylum officers’ federal court filing]

The union argued that the policy goes against the nation’s long-standing view that asylum seekers and refugees should have a way to escape persecution in their homelands, with the United States embracing its status as a safe haven since even before it was founded — with the arrival of the Pilgrims in the 17th century. The union said in court papers that the policy is compelling sworn officers to participate in the “widespread violation” of international and federal law — “something that they did not sign up to do when they decided to become asylum and refugee officers for the United States government.”

“Asylum officers are duty bound to protect vulnerable asylum seekers from persecution,” the American Federation of Government Employees Local 1924, which represents 2,500 federal workers, including asylum officers, said in a 37-page court filing with the U.S. Court of Appeals for the 9th Circuit in California. “They should not be forced to honor departmental directives that are fundamentally contrary to the moral fabric of our Nation and our international and domestic legal obligations.”

The legal filing is an unusual public rebuke of a sitting president by his own employees, and it plunges a highly trained officer corps that typically operates under secrecy into a public legal battle over one of Trump’s most prized immigration policies.

Under Trump, the asylum division has become a target of internal ire, often assailed for approving most initial asylum screenings and sending migrants to immigration court for a full hearing. Trump administration officials say most cases are denied. Last week, the acting director of U.S. Citizenship and Immigration Services, Ken Cuccinelli, outraged some asylum officers by sending the staff an email they thought criticized them for approving so many initial screenings.

Trump placed Cuccinelli, an immigration hard-liner and former Virginia attorney general, in the position ostensibly as part of his move to get tough on immigration policy, and the union’s legal filing appears to be directly at odds with that approach.

The policy has been challenged in federal court, with a lower-court judge temporarily halting MPP in April, saying it probably violates federal law. A three-judge appellate panel allowed the program to resume in May while the court considers the policy.

Justice Department lawyers have said in court filings that migrants are filing thousands of sham claims because they virtually guarantee their release into the United States pending a hearing in the backlogged immigration courts. The U.S. government cannot process the migrants’ cases quickly or detain children for long periods, which means some migrants can stay in the country for months or years while waiting for their cases to play out.

[In test of a deterrent, Juarez scrambles before U.S. dumps thousands of migrants]

pastedGraphic.png

Three migrants wait near the border shortly after being returned to Ciudad Juarez, Mexico on June 13. (Carolyn Van Houten/The Washington Post)

Ending the program, the government lawyers have said, “would impose immediate, substantial harm on the government’s ability to manage the crisis on our southern border.”

The Justice Department declined to comment on the filing Wednesday. The Department of Homeland Security, which oversees the program, did not respond to a request for comment.

The influx of Central American migrants at the southern border has overwhelmed the U.S. immigration system. It also has led to a political fight between congressional Democrats and the White House regarding crowded and unsanitary conditions in border holding facilities amid Trump’s push for heightened enforcement. More than 144,000 migrants were taken into custody in May after crossing the southern border, the largest monthly total in more than a decade, and asylum filings have soared.

Trump administration officials this week have been pleading with Congress to approve emergency funding for the humanitarian crisis at the border. The Senate on Wednesday responded, passing a $4.6 billion emergency spending measure amid debates about treatment of migrants and the risks they face as they try to enter the United States, with a graphic photo of a migrant and his young daughter having drowned in the Rio Grande as the backdrop.

In the federal court filing, the asylum officers say they are enforcing the laws as Congress intended, based on approaches and international treaties shaped after World War II and atrocities connected with the Holocaust. Federal laws hinge on the principle of “non-refoulement” — which means people should not be sent back to countries where they could be harmed or killed. To qualify for asylum, migrants must show that they face harm based on their “race, religion, nationality, membership in a particular social group or political opinion.”

The asylum officers say Mexico is too dangerous for Central American asylum seekers, particularly women, people who are gay, lesbian or transgender, and indigenous minority groups. They cited State Department reports showing that gang violence and activity is widespread and that crimes are rarely solved.

“Mexico is simply not safe for Central American asylum seekers,” the filing said, noting that gangs that terrorized migrants in their home countries might easily follow them into Mexico. “And despite professing a commitment to protecting the rights of people seeking asylum, the Mexican government has proven unable to provide this protection.”

Asylum officers say the U.S. asylum system is “not, as the Administration has claimed, fundamentally broken,” and that they could handle more cases quickly without sending people back to Mexico.

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MPP is “entirely unnecessary, as our immigration system has the foundation and agility necessary to deal with the flow of migrants through our Southern Border,” the officers wrote.

The officers said they fear that MPP is sending asylum seekers back to a country where they are in danger, a violation of federal and international law. The said immigration agents do not ask migrants if they fear persecution or torture in Mexico, and that they only send migrants to asylum officers for screenings if the migrants independently express fear of return.

[Why migrant families are seeking asylum at the border in record numbers]

The latter are granted an initial asylum screening, often by phone or video. But they must prove that they are “more likely than not” going to face persecution in Mexico, a higher bar than in the immigration courts, where migrants are offered safeguards such as access to lawyers, a reading of their rights, and the right to appeal.

“The MPP, however, provides none of these safeguards,” the officers said.

Officials are attempting to extend the program along the nearly 2,000-mile border and are giving Mexico time to expand its shelter capacity, a top official at U.S. Customs and Border Protection has said.

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

So why do Asylum Officers have the courage and integrity to stand up to what is essentially fraud, abuse, and murder of asylum seekers by the Trump Administration when Article III Judges won’t? U.S. Immigration Judges have so spoken out against
Administration abuses through the National Association of Immigration Judges (“NAIJ”), although a minority of Immigration Judges have contributed to the problem by engaging in unlawful and unconstitutional bias against asylum seekers.

Obviously, we have the wrong type of individuals holding judicial positions in the U.S., something that the next competent and honest Administration should consider before appointing more complicit “go alongs to get alongs” to any type of bench. 

It started with the Supreme’s atrocious and cowardly cop out on the Travel Ban case and has continued. Courage and the willingness to stand up against Government abuses are the primary qualifications for judges.

Other than some U.S. District Court Judges, too few Article IIIs have measured up to the task, and innocent people are being harmed, abused, and killed by Trump and his enablers as a result. The Courts of Appeals who have ignored the glaring Constitutional defects and clearly substandard justice in the Immigration Court system for more than a decade are particularly complicit in this unfolding disaster.

Moreover, as I have pointed out before, the lack of understanding of asylum law and unwillingness to stand up for the legal rights of asylum seekers among some Immigration Judges and too many Article III Judges is simply appalling!

To date, the performance of the Article III Judges on the 9th Circuit on the “Remain in Mexico”/“Die in Mexico” atrocity has been so disastrously deficient and incompetent as to make the wheels come off of the entire Government. This is a “rebellion” that should never have been necessary had the irresponsible, incoherent, and clueless three-“judge” panel that let “Die in Mexico” proceed done their jobs.

Hurrah for the Asylum Corps! Boo to the cowardly and unqualified judges who continue to enable Trump’s destruction of America and of human rights! And “double boo” to the career lawyers at the DOJ defending the Administration’s dishonest and illegal policies with lies and false narratives! Whatever happened to ethical standards for Federal Employees? Why do they apply to Asylum Officers, but not to DOJ “judges” and attorneys?

PWS

06-27-19

FOUR TODDLERS RESCUED BY PRO BONO LAWYERS FROM DEADLY SITUATION IN CBP CUSTODY — Putrid, Unsanitary, Repressive Conditions Causing Lifetime Harm To Other Traumatized Kids — But, Border Patrol Chief Carla Provost Wants You To Know That She’s Not Taking Responsibility For The Humanitarian Disaster Intentionally Engineered On Her Watch!

https://www.huffpost.com/entry/four-severely-ill-migrant-babies-hospitalized-after-lawyers-visited-border-patrol-facility_n_5d0d3bbce4b07ae90d9cfe4f

Angelina Chapin
Angelina Chapin
HuffPost

Angelina Chapin reports for HuffPost:

Four toddlers were so severely ill and neglected at a U.S. Border Patrol facility in McAllen, Texas, that lawyers forced the government to hospitalize them last week.

The children, all under age 3 with teenage mothers or guardians, were feverish, coughing, vomiting and had diarrhea, immigration attorneys told HuffPost on Friday. Some of the toddlers and infants were refusing to eat or drink. One 2-year-old’s eyes were rolled back in her head, and she was “completely unresponsive” and limp, according to Toby Gialluca, a Florida-based attorney.

She described seeing terror in the children’s eyes.

“It’s just a cold, fearful look that you should never see in a child of that age,” Gialluca said. “You look at them and you think, ‘What have you seen?’”

Another mother at the same facility had a premature baby, who was “listless” and wrapped in a dirty towel, as HuffPost previously reported.

The lawyers feared that if they had not shown up at the facility, the sick kids would have received zero medical attention and potentially died. The Trump administration has come under fire for its treatment ― and its alleged neglect ― of migrants who have been crossing the southern border in record numbers. The result is overcrowded facilities, slow medical care and in some instances, deaths.

Immigration authorities say they’re overwhelmed; activists say they’re not trying hard enough.

“It’s intentional disregard for the well-being of children,” Gialluca said. “The guards continue to dehumanize these people and treat them worse than we would treat animals.”

U.S. Customs and Border Protection declined to respond to HuffPost’s request for comment.

The Associated Press reported this week that children in border facilities don’t have adequate access to food, water, soap or showers. On Tuesday, a Justice Department attorney argued in court that the government should not have to provide detained children with soap, toothbrushes or beds.

The AP report is based on interviews a group of lawyers conducted with hundreds of children in three Texas-based Border Patrol stations last week as part of the Flores settlement ― an agreement that outlines conditions for detained children. The lawyers say children are also being held in these facilities for longer than the 72-hour limit the settlement specifies, and in some cases up to three weeks.

Lawyers are particularly concerned about the spread of illness inside Border Patrol facilities, which can sometimes turn fatal. Five children have died in Border Patrol custody since December, some of whom were initially diagnosed with a common cold or the flu. The processing center in McAllen, known as Ursula, recently quarantined three dozen migrants who were sick after a 16-year-old died of the flu at the same facility.

Children and their parents told lawyers that in some cases they didn’t have any access to medical treatment in Border Patrol facilities despite being visibly ill. Gialluca spoke with one 16-year-old mother whose toddler had the flu, but was told by a guard the child “wasn’t sick enough to see a doctor.” She said others also reported being denied medical attention despite having critically sick babies.

Medical experts say that because children have less developed immune and respiratory systems, their symptoms can escalate quickly if they aren’t properly treated.

Dr. Julie Linton, the co-chair of the American Academy of Pediatrics, previously told HuffPost that children can’t recover from illnesses in Border Patrol facilities. These centers are described as “hieleras” ― Spanish for iceboxes ― because of their freezing temperatures, and migrants describe sleeping on floors under bright lights that shine 24/7, with nothing but Mylar blankets to keep warm.

Gialluca met one 16-year-old mother whose 8-month-old baby was sick with the flu and forced to sleep outside for four days at the McAllen Border Patrol station. The mother said the guards took the clothing off the baby’s back, leaving her in a diaper, and forced them to sleep on concrete without a blanket.

A sick 2-year-old girl was shivering in a T-shirt and had shallow breathing, according to Mike Fassio, a Seattle-based immigration attorney who visited Ursula.

“I was very, very concerned,” he said, adding lawyers spoke with immigrants in a room outside of the facility. “When she left us, I knew she was going back to a place that was cold, crowded and unsanitary.” Fassio noted that guards referred to the children as “bodies.”

Some children were so exhausted they fell asleep during the interviews, said Clara Long, a senior researcher at Human Rights Watch who spoke with kids at a facility in Clint, Texas. Long met a 3-year-old boy who was dirty with matted hair and was being taken care of by his 11-year-old brother. She said that more than 10 sick children were being quarantined in cells.

While the group of roughly eight lawyers and interpreters at Ursula were supposed to be interviewing children about conditions in the facilities, they also ended up asking guards and government officials to bring kids to the hospital because they were so worried about their state. Gialluca added that she and her colleagues interviewed only a small portion of migrants in the facility, which is the largest processing center in the U.S. and can hold up to 1,000 people. She believes the number of migrants in need of hospitalization is likely much higher.

Government officials have blamed horrific conditions at detention facilities on the fact that Congress has not yet passed an emergency funding package that would include almost $3 billion to help care for unaccompanied migrant children. But Gialluca says border officials shouldn’t need more resources to treat immigrants like human beings.

“Money isn’t keeping guards from allowing people to access toilets,” she said. “Money isn’t causing guards to take clothing and medicine away from children.”

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

Nicole Goodkind
Nicole Goodkind
Political Reporter, Newsweek

Here’s Another report from Nicole Goodkind at Newsweek on the “malicious incompetence” and intentional misallocation of resources by Trump and his DHS sycophants that is willfully endangering kids’ lives as part of a cheap White Nationalist political stunt:

8-YEAR-OLD MIGRANTS BEING FORCED TO CARE FOR TODDLERS IN DETENTION CAMPS

 

A team of lawyers conducted 60 interviews with migrant children being held in an El Paso, Texas, detention camp and found conditions to be dismal.

Fifteen of those in the holding center had the flu and 10 more are quarantined with illness, according to the lawyers, who first gave the data to the Associated Press. Three infants are being detained alongside their teenage mothers, and many children are under the age of 12.

“A Border Patrol agent came in our room with a 2-year-old boy and asked us, ‘Who wants to take care of this little boy?’ Another girl said she would take care of him, but she lost interest after a few hours and so I started taking care of him yesterday,” one teenaged girl told the lawyers in an interview. The boy was not wearing a diaper and his shirt was covered in mucus, she said.

Law professor Warren Binford, who aided in the interviews, said she witnessed an 8-year-old girl caring for a 4-year-old child who was very dirty, the girl was unable to get the boy to take a shower. She also described the children she interviewed as sleep-deprived, often falling asleep while speaking with her.

“In my 22 years of doing visits with children in detention, I have never heard of this level of inhumanity,” said Holly Cooper, co-director of the University of California, Davis’ Immigration Law Clinic, to the AP.

The lawyers were inspecting the facility as part of the Flores agreement, which resulted from a landmark 1985 case that established that facilities where minor migrants are held must be kept “safe and sanitary.”

A representative of the Trump administration, the Justice Department’s Sarah Fabian, argued Tuesday that safe and sanitary conditions don’t necessarily have to include toothbrushes, soap or towels for children.

Nicole Goodkind is a political reporter at Newsweek. You can reach her on Twitter @NicoleGoodkind or by email, N.Goodkind@newsweek.com.

TRUMP ADMINISTRATION PLANS MAJOR ICE RAIDS FOR SUNDAY
U.S. immigration authorities plan to raid Miami, Houston, Chicago and Los Angeles and other cities. They intend to arrest up to 2,000 families, three U.S. officials with knowledge of the plans told The Washington Post. The orders reportedly come directly from President Donald Trump.

On Monday, the president tweeted: “Next week ICE will begin the process of removing the millions of illegal aliens who have illicitly found their way into the United States. They will be removed as fast as they come in.”

Officials told The Washington Post that the Department of Homeland Security agency plans to hold families in hotel rooms until they are deported. Acting DHS Secretary Kevin McAleenan is allegedly targeting families that have completely dropped out of the court process, but has warned that the operation could lead to further cases of families being separated.

Los Angeles Police Department Chief Michel Moore confirmed the raids on Friday, saying that about 140 families in southern California will be targeted in pre-dawn raids early next week. The chief also made clear that the raids are done on a federal level and that the police department will not be involved.

On Thursday, Carla Provost, chief of the United States Border Patrol argued that the Department of Homeland Security was not receiving enough money to properly care for migrants on the southern border, and that was leading to terrible conditions in detention centers. On Wednesday, the Senate Appropriations Committee agreed to $4.6 billion in emergency funds for what the Trump administration has referred to as a “border crisis.”

Texas Congressman Joaquin Castro questioned how the agency could afford mass raids while asking for more money Friday. “The Trump Administration says it needs more money (supplemental bill) for the situation at the border yet they may be starting massive immigration raids next week. So how do you have the money for that if you’re running out of money ICE?” he tweeted.

“These potential raids are a disgusting political ploy to stoke fear and rile up Trump’s base for 2020,” wrote Sandra Cordero, Director of Families Belong Together, an immigration advocacy group, in a statement. “Past raids have left children alone and afraid in empty homes, praying they won’t be left to care for younger siblings by themselves, with no idea if they’ll see their parents again. This is yet another flagrant disregard for the welfare of children on behalf of a cruel administration bent on fomenting fear and creating chaos.”

 

 

 

 

 

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

Come on, Carla, cut the BS and butt covering. The “mix” of arrivals at the Southern Border began to shift to refugee families from the Northern Triangle back in the summer of 2014. So, CBP and DHS have had five years to prepare for this “change” which is actually “old news.” 

More “old news” is the increased flow of asylum seekers with kids which began back before Thanksgiving. Plenty of time for CBP and DHS to bring back retired asylum officers and adjudicators and reassign other adjudicative personnel to the border to insure prompt, orderly, safe, and efficient processing of asylum applicants at ports of entry, thus eliminating the incentive (or necessity) for folks to turn themselves in after crossing the border between ports.

Also, plenty of time to work with NGOs, pro bono groups, states, and communities to insure representation and proper placement of family groups in various locations throughout the country without panic or “dumping.” 

Another bogus claim spread by Trump, Provost, and the rest of the sycophants: that the prevalence of kids among new asylum arrivals is somehow totally a response to the Flores settlement (which actually has been in effect for decades).

Undoubtedly, with the Trump Administration’s active assistance, unscrupulous smugglers and coyotes are encouraging some folks to bring children as the only way to have a shot at fair processing under the tilted U.S. asylum system promoted by Trump. Indeed, as I have observed before, the Trump Administrations has consistently been a “best friend” to gangs, smugglers, traffickers, cartels, and druggies seeking to “jack up” profits by further exploiting the human misery caused by the Trump Administration’s “maliciously incompetent “ approach to immigration, effective law enforcement, and humanity generally. https://apple.news/AFQw_eqcHSZCYxUznmP0wpQ

Undoubtedly, some of these unscrupulous individuals are telling families to travel with kids. But, the truth is that according to the UNHCR, over one-half of today’s refugees are children. https://www.unhcr.org/children-49c3646c1e8.html.

So, the prevalence of children among new arrivals should properly been seen as part of a sad worldwide trend that Trump and his cronies disgustingly have done everything possible to encourage, exploit, and aggravate. It most certainly is not primarily caused by the Flores settlement or by giving soap, toothbrushes, blankets, or medical care to children being abused in the “DHS Gulag” administered in part by disingenuous folks like Provost.

Any honest observer of what’s going on knows that the majority of the asylum applications that passed credible fear probably could have been granted (or given protection under the Convention Against Torture — “CAT”) by the Asylum Office without even going to Immigration Court under the proper generous interpretation of our asylum laws, an honest interpretation of CAT that reflects the true conditions in the Northern Triangle, and a very “doable” change in procedures. 

Only dishonest fools in the Trump Administration (and a few from the Obama Administration) would maintain that gender isn’t a social group subject to widespread persecution in the Northern Triangle, deny that gangs have assumed the role of quasi-governmental entities thus making most of the harm they inflict on resisters “political persecution,” and make the beyond ludicrous claim that the corrupt failed states of the Northern Triangle have either the ability or much real interest in protecting those subject to persecution.

And, Carla, why aren’t you out there today registering a public protest of the waste of time and funds in ICE going after families with ridiculously inappropriate “raids” when every  resource could and should be focused instead on providing humanitarian assistance to asylum seekers arriving at the Southern Border?

This racist-inspired  “Sunday Morning Reign of Terror” directed at U.S. ethnic communities is specifically designed to return helpless families to the very dangerous countries from which they originally fled! Thus, Trump and his phony DHS are intentionally feeding “fresh meat” to gangs and cartels and insuring that the cycle of northward migration, no matter how dangerous, will continue until everyone who needs to leave its either gone or dead (the latter apparently the “solution” favored by Provost, Trump, Morgan, McAleenan, Miller, and others).

Provost, McAleenan, Morgan, and their co-conspirators are all participants in a cynical scheme to intentionally “crash” the asylum system, rather than competently administering it. They are intentionally endangering the lives of children and other vulnerable asylum seekers, many entitled to legal protections, to promote, along with GOP restrictionists, totally bogus, dishonest, and completely unnecessary and unwarranted restrictions of the precious, life-saving right of refugees to seek asylum in the U.S. 

It’s an unbelievably dishonest and cowardly scheme, and a complete breach of both oaths of office and public trust. It might be that those who long ago abandoned American values will lap up this insult to human values and human dignity.

But, there are plenty of us out here who know and understand exactly what you are doing. We will not only resist it, but will be historical witnesses to your cruel, inhuman, and unlawful schemes and gimmicks to “abuse and kill the innocent.” And, we’ll be keeping count.

PWS

06-22-19

DON’S KILLER DEAL: Salvadoran Teenage Girl First Casualty Of Trump’s “Make ‘Em Die In Mexico” Deal — As Investigation Continues, One Thing Is Clear: This Is Just The First Of Many Deaths & Human Tragedies That Will Result From Trump’s “Malicious Incompetence” & Unwillingness To Comply With Asylum Laws!

https://www.nytimes.com/2019/06/21/world/americas/mexico-migrant-death.html?smid=nytcore-ios-share

Kirk Semple
Kirk Semple
Reporter, NY Times
Paulina Villegas
Paulina Villegas
Reporter, NY Times

MEXICO CITY — The Mexican authorities are investigating the death of a teenage migrant from El Salvador who was shot and killed after the truck she was in ran a government checkpoint.

Witnesses have told investigators in the state of Veracruz, where the shooting happened last Friday, that a truck carrying the 19-year-old woman and other migrants bound for the United States border passed through a government checkpoint and that people wearing police uniforms gave chase in a police car and shot at the truck, said Jorge Winckler Ortiz, the attorney general of Veracruz.

Two other migrants in the truck were wounded in the shooting, officials said.

The incident occurred amid a Mexican government deployment of security forces to assert greater control of migration toward the United States, part of a dealthat President Andrés Manuel López Obrador struck with President Trump earlier this month to fend off a threat of tariffs.

The possibility that the Mexican police may have killed the teenager has reaffirmed the fears of migrants’ advocates and human rights experts, who worry that the security forces, being rushed into migration control, are ill-prepared for the task.

READ ERIC POSNER: The Right’s “New Human Rights” Incorporates Hate, Intolerance, Fear Of Others!

https://www.washingtonpost.com/outlook/the-administrations-plan-to-redefine-human-rights-along-conservative-lines/2019/06/14/5e456caa-8def-11e9-b162-8f6f41ec3c04_story.html

Eric Posner
Professor Eric Posner
U. Of Chicago Law

Posner writes in the WashPost:

The State Department recently published a brief, enigmatic notice announcing the formation of a new Commission on Unalienable Rights. With a modest budget of $385,074 and merely advisory powers, the commission received little attention beyond head-scratching over its strange name. Yet the significance of the endeavor should not be overlooked. It puts the government’s imprimatur on an assault upon one of the cornerstones of modern liberalism: international human rights.

According to the commission’s draft charter, its job will be to explore “reforms of human rights discourse where it has departed from our nation’s founding principles of natural law and natural rights” — rights of the sort that Abraham Lincoln and Martin Luther King Jr. upheld as ideals, the charter says.

This language may sound unusual to a modern ear, but it is easily translated. Start with that ungainly name of the commission. If “unalienable” sounds anachronistic, that’s because it is. Today, we normally use the word “inalienable.” But in the 18th century, the more common term was “unalienable.” The Declaration of Independence refers to “unalienable rights,” and there is little doubt the commission’s name is meant to recall that, in the words of the Declaration, the people are endowed with those rights “by their Creator.”

The State Department recently published a brief, enigmatic notice announcing the formation of a new Commission on Unalienable Rights. With a modest budget of $385,074 and merely advisory powers, the commission received little attention beyond head-scratching over its strange name. Yet the significance of the endeavor should not be overlooked. It puts the government’s imprimatur on an assault upon one of the cornerstones of modern liberalism: international human rights.

According to the commission’s draft charter, its job will be to explore “reforms of human rights discourse where it has departed from our nation’s founding principles of natural law and natural rights” — rights of the sort that Abraham Lincoln and Martin Luther King Jr. upheld as ideals, the charter says.

This language may sound unusual to a modern ear, but it is easily translated. Start with that ungainly name of the commission. If “unalienable” sounds anachronistic, that’s because it is. Today, we normally use the word “inalienable.” But in the 18th century, the more common term was “unalienable.” The Declaration of Independence refers to “unalienable rights,” and there is little doubt the commission’s name is meant to recall that, in the words of the Declaration, the people are endowed with those rights “by their Creator.”

This supposition is reinforced by the references to “natural law” and “natural rights,” terms that have also fallen out of fashion. In the 18th century, educated people used the phrases to refer to universal moral laws that transcended national boundaries and that generally (though not always) were thought to reflect God’s will. With the rise of nationalism in the 19th century, these abstractions lost much of their grip on people’s loyalties.

Finally, there is “human rights discourse.” Normally, we refer to “human rights law,” embodied in numerous treaties that were negotiated and (mostly) ratified after World War II. With names like the Convention on the Rights of the Child and the Convention on the Rights of Persons With Disabilities, these treaties purport to bar governments from mistreating their citizens. Yet “discourse” means “talk.” The implication here is that the human rights that people talk about are not, despite the treaties, actually law. They’re something else — advocacy. And this advocacy is wrong: It has “departed from . . . natural law and natural rights.”

The protections offered by modern “human rights law” differ from those of the “natural rights” regime of the 18th century. Those were (more or less) embodied in the British constitutional tradition, the common law, and the U.S. Bill of Rights: rights to political participation — freedom of speech, for example — and protection of person and property. Modern human rights are both broader and narrower, encompassing “economic rights” (for example, rights to work, to health care and to education), rights to not be discriminated against on the basis of race or ethnicity, and, according to some interpreters, expansive rights to reproductive freedom. Modern human rights law de-emphasizes property rights and, to some extent, speech rights. In a word, it’s lefty.

Modern human rights have also morphed into something like a system of universal moral values that transcends specific treaties. The United States, virtually alone among nations, has refused to ratify most of these treaties and accordingly is technically not bound by them. But much “human rights discourse” rejects the notion that countries can opt out of the rights system. Quite a few scholars and an occasional U.S. Supreme Court justice believe, to the intense irritation of conservatives, that left-leaning human rights treaties that the United States has never ratified nonetheless override American law. The influence of “foreign law” — including “human rights discourse” — has been apparent in Supreme Court opinions limiting the death penalty and striking down the criminalization of same-sex “sodomy.” Most of the offending decisions were written by the court’s most enthusiastic proponent of foreign law, then-Justice Anthony Kennedy. As the late justice Antonin Scalia put it : “The Framers would, I am confident, be appalled by the proposition that, for example, the American peoples’ democratic adoption of the death penalty . . . could be judicially nullified because of the disapproving views of foreigners.”

But today, other conservatives see an opportunity, and the Commission on Unalienable Rights is their declaration of intent. Its plainly stated goal is not just to wipe away the baleful foreign influence of human rights “discourse” but to revive (conservative) 18th-century natural law.

What does natural law require? Liberals, already dimly perceiving that they are about to be hoisted with their own petard, worry that natural law, in the hands of conservatives — specifically, Catholic conservative intellectuals, who kept alive the academic tradition of natural law long after mainstream secular intellectuals forgot what it was — means goodbye to reproductive rights and protections for sexual minorities. (ABC News reported that the Princeton professor Robert George, a prominent Catholic intellectual, natural-law theorist, and opponent of abortion rights and same-sex marriage, played a role in the creation of the commission; George did not respond to requests for comment from ABC or from The Washington Post.) The Commission on Unalienable Rights will, in other words, provide the ideological justification for the antiabortion foreign policy that the Trump administration has undertaken.

Natural law can also be used by conservatives to argue for expanded religious freedoms that override statutes with secular goals, and to push back against progressive government programs like universal health care. The “right to health,” a centerpiece of “human rights law,” is firmly rejected by natural-law theorists like George.

But the mission of the commission may be even bolder. If we take the idea of natural law seriously, it not only overrides statutes in foreign countries that protect abortion rights and respect same-sex marriage. It also overrides American laws that protect abortion rights and respect same-sex marriage. One can imagine a day when a Supreme Court justice, taking a page from Kennedy, invokes natural law — supposedly endorsed by the founders, after all, and embodied in the sacred Declaration — to vote to overturn Roe v. Wade and to prepare the path for an even holier grail, the abolition of state laws that grant abortion rights.

Liberals hoped that human rights, sanctified by the sacrifices of the victims of totalitarianism, would provide common ground in a world of competing ideologies. But what human rights actually helped produce was a liberal international order that has offended a great many people who do not share liberal values. The backlash began years ago in authoritarian countries, in developing countries that saw human rights as an affront to their traditions and as a mask for imperialist goals, and in highly religious countries. These countries advanced interpretations of human rights law that conform with their values or interests but made little headway against dominant elite opinion. What is new is that the government of the world’s most powerful nation, long acknowledged (if grudgingly) as the leader of the international human rights regime, has officially signed on to that backlash. Most of the offending decisions were written by the court’s most enthusiastic proponent of foreign law, then-Justice Anthony Kennedy. As the late justice Antonin Scalia put it : “The Framers would, I am confident, be appalled by the proposition that, for example, the American peoples’ democratic adoption of the death penalty . . . could be judicially nullified because of the disapproving views of foreigners.”

But today, other conservatives see an opportunity, and the Commission on Unalienable Rights is their declaration of intent. Its plainly stated goal is not just to wipe away the baleful foreign influence of human rights “discourse” but to revive (conservative) 18th-century natural law.

But the mission of the commission may be even bolder. If we take the idea of natural law seriously, it not only overrides statutes in foreign countries that protect abortion rights and respect same-sex marriage. It also overrides American laws that protect abortion rights and respect same-sex marriage. One can imagine a day when a Supreme Court justice, taking a page from Kennedy, invokes natural law — supposedly endorsed by the founders, after all, and embodied in the sacred Declaration — to vote to overturn Roe v. Wade and to prepare the path for an even holier grail, the abolition of state laws that grant abortion rights.

Liberals hoped that human rights, sanctified by the sacrifices of the victims of totalitarianism, would provide common ground in a world of competing ideologies. But what human rights actually helped produce was a liberal international order that has offended a great many people who do not share liberal values. The backlash began years ago in authoritarian countries, in developing countries that saw human rights as an affront to their traditions and as a mask for imperialist goals, and in highly religious countries. These countries advanced interpretations of human rights law that conform with their values or interests but made little headway against dominant elite opinion. What is new is that the government of the world’s most powerful nation, long acknowledged (if grudgingly) as the leader of the international human rights regime, has officially signed on to that backlash.

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

Professor Posner confirms what folks like me have been saying for some time now: under Trump and his version of the GOP, America aspires to go from being a defender of human rights to being a leading abuser of those rights. 

Forget the attempted “slight of hand” redefinition of human rights by a White Nationalist minority who has seized control of our Government. Kids in cages, abusing women, enabling gangs and cartels, suspending due process, blocking access to voting, dehumanizing the Hispanic and LGBTQ communities, greed, selfishness, grift, undermining the hard earned rights of African Americans, and promoting and protecting religious bigotry, among other disreputable developments, neither conforms to any version of human rights nor represents the views of the majority of Americans.

Make no mistake about it.  No matter how flawed , the human rights instruments crafted as a result of “liberal Western democracy” in the post-World War II era have saved millions of human lives and prevented unfathomable additional human carnage. Undoubtedly, that makes Trump and some of his supporters supremely unhappy.

Those of us who continue to maintain the “quaint” view that all persons are entitled to “life, liberty, and the pursuit of happiness” (no matter how imperfectly conceived and disingenuously implemented by our Founding Fathers) had better wake up and join the battle! For, Trump and his far right minority zealots have every intention of reversing the results of World War II and making the hate, bias, disregard for truth, toxic nationalism, and contempt for the majority of the world’s humans exhibited by the “the then losers” the new international norm.

Don’t let them turn back the clock to 1939 in 2019!

PWS

06-18-19

THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

Trump’s ‘Remain in Mexico’ Policy Can Continue, the Ninth Circuit Rules

Lawfare: On May 7, the Ninth Circuit stayed an injunction against the Trump administration’s “Remain in Mexico” policy. That policy, officially called the Migrant Protection Protocols (MPP), requires the return of certain migrants to Mexico pending a full immigration court hearing.

 

More Immigrants Are Giving Up Court Fights and Leaving the U.S.

Marshall Project: Last year, voluntary departure applications reached a seven-year high of 29,818 applications. In the Atlanta court, which hears cases of Irwin detainees like Zamarrón, the applications grew nearly seven times from 2016 to 2018.

 

De Blasio Defends Expanded Cooperation With ICE For ‘Serious Crimes’

Gothamist: Under a local law, the police and jails will already cooperate with ICE if they’ve detained someone convicted of any these 170 violent crimes. De Blasio said it’s appropriate to add seven more to that list because of state legislation since the 2014 law went into effect.

 

ICE announces program to allow local law enforcement to make immigration arrests

The Hill: Immigration and Customs Enforcement (ICE) on Monday announced a new program that would allow local law enforcement officers to start arresting and temporarily detaining immigrants on behalf of the agency, even if established local policies prevent them from doing so.

 

U.S. asylum screeners to take more confrontational approach as Trump aims to turn more migrants away at the border

WaPo: The Trump administration has sent new guidelines to asylum officers, directing them to take a more skeptical and confrontational approach during interviews with migrants seeking refuge in the United States. It is the latest measure aimed at tightening the nation’s legal “loopholes” that Homeland Security officials blame for a spike in border crossings.

 

HUD Says Its Proposed Limit on Public Housing Aid Could Displace 55,000 Children

NYT: Thousands of legal residents and citizens, including 55,000 children who are in the country legally, could be displaced under a proposed rule intended to prevent undocumented immigrants from receiving federal housing assistance, according to the Department of Housing and Urban Development.

 

Pentagon Shifts $1.5 Billion to Border Wall From Afghan War Budget and Other Military Projects

NYT: The acting defense secretary, Patrick Shanahan, notified Congress on Friday that he intended to shift $1.5 billion that had been designated for the war in Afghanistan and other projects to help pay for work on President Trump’s border wall. See also Shanahan says military won’t leave until border is secure.

 

White House launches new uphill bid to overhaul immigration

AP: Though similar efforts have failed to garner anywhere near the support necessary, Trump hopefully invited a dozen Republican senators to the White House to preview the plan, which was spearheaded by senior adviser and presidential son-in-law Jared Kushner. See also White House may include mandatory E-Verify in immigration proposal.

 

Fact-checking the Trump administration’s immigration fact sheet

WaPo: The five-page document, released this month, attempts to debunk 18 claims about immigration to the United States. In some cases, it seems more as though EOIR officials are misusing the fact-checking format to make a point about issues that no one is mischaracterizing.  See also  HRF Notice of Rejection of EOIR Factsheet (attached).

 

Trump administration makes a mockery of asylum system

The Hill: The Trump administration has been contemptuous of refugees and asylum seekers from its earliest days. In recent weeks, as White House adviser Stephen Miller has reportedly exerted greater influence in the White House, we have witnessed a dismantling of protections our country has held dear for decades.

 

Border detention cells in Texas are so overcrowded that U.S. is using aircraft to move migrants

WaPo: Overcrowding at Border Patrol stations in South Texas has become so acute in recent days that U.S. authorities have taken the rare step of using aircraft to relocate migrants to other areas of the border simply to begin processing them, according to three Homeland Security officials. See also Inside Texas’ New Migrant Tent Facility.

 

Pediatrician Who Treated Immigrant Children Describes Pattern of Lapses in Medical Care in Shelters

ProPublica: How prepared is the Trump administration for an influx of unaccompanied minors at the border? A new complaint shows shelters in New Jersey were already failing to respond when kids got hurt or sick.

 

Feds in Southern Arizona turn attention to family fraud at border

Tuscon: Last week, the Border Patrol’s Yuma Sector reported more than 700 fraudulent family claims since October. Homeland Security Investigations sent a team of special agents to Yuma in late April to investigate those claims. See also ICE Reallocates Resources to Investigate Use of Fraudulent Documents at Southwest Border.

 

Who Killed Claudia Gomez?

Marie Claire: A year ago this month, a 20-year-old Guatemalan woman seeking opportunity in the U.S. was shot dead by a Border Patrol agent in Texas. A video of the killing went viral on Facebook and spurred a media outcry, yet neither the agent’s name nor why he opened fire has ever been made public. In the first of our series on women and migration, we ask, will her family ever get justice?

 

How Has Immigration Changed in the Last 100 Years?

AIC: 21st century immigrants tend to be more educated, have a more diverse range of skills, and know more English than those in previous generations.

 

Federal Court Stops USCIS Policy Harmful to Students and Exchange Visitors

AIC: The policy could radically changed how the agency determines when a foreign student or exchange visitor is “unlawfully present” in the United States.

 

She Stopped to Help Migrants on a Texas Highway. Moments Later, She Was Arrested.

NYT: As the Trump administration moves on multiple fronts to shut down illegal border crossings, it has also stepped up punitive measures targeting private citizens who provide compassionate help to migrants — “good Samaritan” aid that is often intended to save lives along a border that runs through hundreds of miles of remote terrain that can be brutally unforgiving.

 

Democrats ask federal watchdog to examine ‘unprecedented’ immigration backlog

WaPo: More than 80 Democratic members of Congress have asked the Government Accountability Office to conduct an investigation into the “record-breaking” backlog of immigration cases pending under the Trump administration.

 

Mayor de Blasio Unveils NYC Care Card, Details Progress Toward Launch of Guaranteed Health Care

NYC: When NYC Care launches in the Bronx on August 1, residents will be able to use their NYC Care Card to receive their own doctor, get preventative screenings and tests, and connect to a 24/7 service to help make appointments. An estimated 300,000 New Yorkers are currently ineligible for health insurance, including people who can’t afford insurance and undocumented immigrants, and will be able to enroll in NYC Care.

 

Trump taps Mark Morgan, former Obama official who supports border wall, to head ICE

WaPo: At DHS, Morgan is viewed as a capable and hard-charging law enforcement official, but he was widely resented during his Border Patrol tenure by the agency’s senior officials and union chief Brandon Judd.

 

LITIGATION/CASELAW/RULES/MEMOS

 

As Trump continues to push deportations, a fight over data goes to court

LA Times: The class-action lawsuit, which represents broad categories of people who have been or will be subjected to detainers, alleges the databases that agents consult are so badly flawed by incomplete and inaccurate information that ICE officers should not be allowed to rely on them as the sole basis for keeping someone in custody.

 

Post Acosta BIA Decision (attached)

Listservs: The government argued that, because the client’s convictions were on appeal pursuant to a late filed notice of appeal – that per Acosta we needed to rebut the finality presumption by providing evidence that the client’s appeal related to the merits or a ‘substantive defect’ in the proceedings. We provided an affidavit from the criminal appeal attorney stating that she “expected to challenge the client’s case on the merits”. At the BIA, we argued that a NY late-filed notice of appeal is essentially a direct appeal because under NY Criminal Procedure – it becomes a direct appeal once it is granted. We also argued that even if it wasn’t a direct appeal, we had rebutted the presumption of finality with our affidavit from the criminal appeal attorney. The BIA punted on the first issue and decided that the presumption of finality had been rebutted sufficiently in this case.

 

Court rules immigrants can be deported for marijuana crime

AP:  A federal appeals court has ruled that California’s legalization of marijuana doesn’t protect immigrants from deportation if they were convicted of pot crimes before voters approved the new law in 2016.

 

Justice Department’s Four-Year Effort To Strip Citizenship From Kansas Man Flops In Federal Court

Intercept:  In a 17-page order, U.S. District Judge Carlos Murguia of the District of Kansas wrote that the federal government failed to meet the high burden of proof required to strip citizenship. “The overriding issue with plaintiff’s case is a lack of reliable, clear, unequivocal, and convincing evidence about what happened during defendant’s immigration-related interviews and what information was material to the interviewers,” Murguia wrote.

 

Presidential Proclamation 9880 Extending Proclamation 9822 for 90 Days

President Trump issued a proclamation extending the suspension and limitation from Proclamation 9822 for an additional 90 days, which would begin running if the injunction against the interim final rule at 83 FR 55934 were to be lifted. (84 FR 21229, 5/13/19) AILA Doc. No. 19051300

 

USCIS Notice on Continuation of Documentation for Beneficiaries of TPS Designations for Nepal and Honduras

USCIS notice that DHS will not terminate TPS for Honduras or Nepal pending final disposition of the appeal in Ramos v. Nielsen. The notice further announces that DHS is extending the validity of TPS-related documentation for Nepalese TPS beneficiaries through 3/24/20. (84 FR 20647, 5/10/19) AILA Doc. No. 19051033

 

DHS Final Rule Exempting “Criminal History and Immigration Verification” System of Records from Privacy Act

DHS final rule exempting portions of the “DHS/ICE–007 Criminal History and Immigration Verification (CHIVe)” System of Records from one or more provisions of the Privacy Act. The final rule is effective 5/9/19. (84 FR 20240, 5/9/19) AILA Doc. No. 19051034

 

HUD Proposed Rule on Verification of Immigration Status of Recipients of Public Housing Assistance

Department of Housing and Urban Development (HUD) proposed rule which would require the verification of the eligible immigration status of all recipients of assistance under HUD’s public housing programs who are under the age of 62. Comments are due 7/9/19. (84 FR 20589, 5/10/19) AILA Doc. No. 19051030

 

USCIS Updates Policy Manual Guidance Regarding Services USCIS Provides to the Public

USCIS issued PA-2019-03, updating policy guidance in the USCIS Policy Manual regarding services USCIS provides to the public, including general administration of certain immigration benefits, online tools, and up-to-date information. Guidance is effective immediately and comments are due by 5/24/19. AILA Doc. No. 19051031

 

EOIR 60-Day Notice and Request for Comments on Form EOIR-26

EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. Comments are due 7/8/19. (84 FR 19960, 5/7/19) AILA Doc. No. 19050730

 

DOS Final Rule on Requests for Waivers of Inadmissibility

DOS final rule modifying the non-statutory requirement for consular officers to refer §212(d)(3)(A)(i) waiver requests to the Department of State for consideration based on an applicant’s request by limiting the requirement to certain specified circumstances. Effective 5/6/19. (84 FR 19712, 5/6/19) AILA Doc. No. 19050601

 

USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form N-648

USCIS 60-day notice and request for comments on proposed revisions to Form N-648, Medical Certification for Disability Exceptions. Comments are due 6/25/19. (84 FR 17870, 4/26/19) AILA Doc. No. 19050632

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, May 13, 2019

Sunday, May 12, 2019

Saturday, May 11, 2019

Friday, May 10, 2019

Thursday, May 9, 2019

Wednesday, May 8, 2019

Tuesday, May 7, 2019

Monday, May 6, 2019

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

There is plenty of stuff about our evil, immoral, scofflaw Administration in this edition of Elizabeth’s report that ought to make us sick to our collective stomachs.

I strongly recommend that you read my choice for “Article of the Week” — “Trump Administration makes a mockery of our asylum system” in The Hill, written by my friends Anna Gallagher and Victoria Nielson of CLINIC.  Here’s an excerpt:

For an administration that claims to believe in the rule of law, it has shown little interest in following domestic and international asylum law. If Border Patrol agents are willing to slam the door on asylum seekers, where asylum officers would not, the administration may win political points with its base. In the end, the United States loses, as our executive branch simply stops following laws it doesn’t like. As the number of displaced persons around the world rises to its highest levels since World War II, if the United States finds ways to sidestep its obligations under international law, other countries will do the same. With each new affront to our moral obligations as a nation, the “lamp beside the golden door” held high by the Statue of Liberty fades towards darkness.

Anna Gallagher is the executive director of the Catholic Legal Immigration Network, Inc.

Victoria Neilson is managing attorney in CLINIC’s Defending Vulnerable Populations Program.

PWS

05-16-19

TRUMP “JOKES” ABOUT SHOOTING MIGRANTS TO THE DELIGHT OF HIS SUPPORTERS!

https://apple.news/ATFIvqS4cSr6ZYm7nQkHnpg

Jack Holmes writes @ Esquire:

Donald Trump Cracked a ‘Joke’ After His Supporter Yelled About Shooting Immigrants at the Border. This Isn’t a Joke.

Not when armed militias are roaming the border and one member mused about doing the same thing. Not when the president has relentlessly dehumanized migrants and advocated for political violence from the podium.

Why are they laughing and clapping? Because they know it’s not a joke.

The President of the United States committed multiple felonies and hired a pet toad as attorney general to try to shove it under the rug. He is now asserting that Congress is not a co-equal branch of government with oversight powers as laid out in the Constitution, and so has no authority to subpoena documents or witnesses he doesn’t like. He and his apparatchiks have decided they can just flout the law-that they are above it. He has relentlessly attacked the free press as an enemy of the state, attempting to undermine any source of information independent from his government. He has called for his political opponents to be investigated and imprisoned. He has repeatedly embraced political violence from the rally podium. He has “joked” about extending his term and, Wednesday night, about serving more than the two he’s limited to by the Constitution.

Sadly, that last part wasn’t the most frightening “joke” of the evening at the Trump rally in Panama City Beach, Florida, last night.

When Trump talked about stopping asylum-seekers and other undocumented immigrants, a person in the crowd yelled, “Shoot them!” and everybody laughed and cheered and clapped. In response, the president laughed that this was all some charming regional quirk of the Florida Panhandle, where you can “get away with” this kind of joke.

Another ABC News reporter, Will Steakin, also backed this account.

This is not a joke. Over and over again, Trump has made comments his aides later dismissed as “jokes,” or gone out of his way to say he would never do something, all with the intent of putting these ideas out there. Perhaps they might take on a life of their own. He once said he “hates these people”-referring to reporters-but “would never kill them.” Why does that need to be said, unless you want to get people thinking about it? At a rally in February, a supporter worked into a frenzy physically attacked a BBC reporter while Trump spoke.

The intent last night was clear: float the idea by suggesting we could never allow border agents to use weapons against migrants, even though other countries do. And then, when a guy in the crowd jumps to the next step, let it slide into the public imagination under the guise of a “joke.” It’s a trial balloon. Will there be pushback? Where will the message land, and how?

After all, there are already people roaming the border who are musing about murdering immigrants. Various “militias” have taken it upon themselves to patrol the border as a vigilante-or paramilitary-force. As reporter Ken Klippenstein found just this week thanks to a police report obtained through FOIA, some of them are quite interested in what the president’s joking about.

They’re already “detaining” large groups of migrants at gunpoint based on no legal authority. That’s also known as “kidnapping.” (The leader of the group, United Constitutional Patriots, was arrested. Now the group want to change its name to escape accountability.) At least one member, it appears, is already musing about lining people they capture up against a wall and shooting them. Perhaps they are looking for some kind of…permission. Or signal. From someone in a position of authority. Who communicates it’s not a big deal-normal, even. We’re all laughing, after all.

Elsewhere in the speech, Trump once again echoed conspiracy theories about an “invasion” of immigrants at the southern border.

This is the theory that drove the Tree of Life synagogue shooter-who believed Jews were helping to organize the “invasion” of nonwhite people through The Caravan-to kill 11 Jewish worshippers. (After the shooting, Trump said he “wouldn’t be surprised” if someone was funding The Caravan when asked by a reporter, echoing anti-Semitic tropes. In response to a reporter’s further question, he even alluded to George Soros, a Jewish billionaire and frequent target for right-wing conspiracies. He also doubled down on his “invasion” language.) In reality, most people coming to the southern border are seeking asylum based on claims they are fleeing domestic or gang violence in the chaotic Northern Triangle countries of Honduras, Guatemala, and El Salvador. In another time, we might call them refugees. They travel in “caravans” up through Mexico because the journey is dangerous and there’s safety in numbers.

No matter: they are convenient villains in the president’s dark and venal vision of the American Experiment, where this is a country for and by white people and everybody else ought to be thankful for whatever they get. The demonization of The Other is a tale as old as America, but Donald Trump has returned the nation to dangerous places in 2019, questioning not just the Americanness, but the very humanity, of Hispanic immigrants and Muslims. He does so by attacking these groups’ violent outliers-the drug dealers and coyotes and ISIS-but these are the only examples of these groups he has ever discussed. There has never been one word about the Guatemalan mother who flees here with her child and works for decades cleaning somebody’s house. It’s only ever the murderers and rapists, and if they’re “invading” your country, any response is justified.

His followers get the message. Note that the woman in the clip above-who confirmed someone else in the crowd yelled “shoot ’em”-did not say the supporter and the president were talking about “illegal immigrants.” She said “immigrants.” Because that’s who Trump is always talking about. It’s not about the law. Donald Trump has no regard for the law. It’s about Us and Them. There is no reason to believe this will get anything other than worse while this grotesque and incurable man continues to wield more power than any other human being on Earth. He is a danger to the most marginalized in our society now, but that’s how it always begins. If he can get away with this, who will be next?

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Read the complete article with some of the “twitter feeds embedded” at the above link.

What kind of country are we becoming?

What kind of folks cheer and encourage “jokes” about shooting the most vulnerable among us? Trump has certainly brought out all the worst in America.

There are no “jokes” in Trump’s world — he’s a sick and cruel coward without values, human empathy, or any sense of humor. As American historian Professor Heather Cox Richardson pointed out recently on Facebook “Trump has a pattern of floating ideas as ‘jokes’ to normalize them.”

At one point in our recent past, a politician who “joked” about shooting unarmed people would have been censured by both parties and forced to resign. Trump has “normalized” the vile and unspeakable and brought out the absolute worst in his supporters and the hollow toadies with whom he surrounds himself. It’s destroying America. The rest of us who still believe in humanity and the values to which our country historically has aspired, without fully achieving, need to stand up to this redux of Germany in 1939 and Birmingham in 1963.

Join the New Due Process Army. Fight to uphold our Constitution against the dangerous onslaught of Trump and his enablers!

PWS

05-10-19

 

COURTSIDE HISTORY: Trump’s American White Nationalist Antecedents Were The Racist Pols & Pseudo-Scientists Of A Century Ago! — The Lies & Ugliness Of The Past Are Being Repeated — Only This Time It’s People Of Color Rather Than Italians, Irish, Slavs, Catholics, & Jews Who Are Targeted For “Dehumanization” (Although It Would Be Wrong To Underestimate Trump’s Responsibility For The Revival Of Anti-Semitism)!

https://www.nytimes.com/2019/05/03/opinion/sunday/anti-immigrant-hatred-1920s.html

Daniel Okrent writes in the NY Times:

In early 1921, an article in Good Housekeeping signaled the coming of a law that makes President Trump’s campaign for immigration restriction seem mild by comparison. “Biological laws tell us that certain divergent people will not mix or blend,” it read. “The dead weight of alien accretion stifles national progress.” The author was Calvin Coolidge, about to be sworn in as vice president of the United States. Three years later, the most severe immigration law in American history entered the statute books, shepherded by believers in those “biological laws.”

The anti-immigrant fervor at the heart of current White House policymaking is not a new phenomenon, nor is the xenophobia that has infected the political mainstream. In fact, race-based nativism comes with an exalted pedigree — and that pedigree is something we all should remember as the Trump administration continues its assault on immigrants of specific nationalities. The scientific arguments Coolidge invoked were advanced by men bearing imposing credentials. Some were highly regarded scholars from Harvard, Princeton, Yale and Stanford. One ran the nation’s foremost genetics laboratory. Another was America’s leading environmentalist at the time. Yet another was the director of the country’s most respected natural history museum.

Together, they popularized “racial eugenics,” a junk science that made ethnically based racism respectable. “The day of the sociologist is passing,” said the Harvard professor Robert DeCourcy Ward, “and the day of the biologist has come.” The biologists and their publicists achieved what their political allies had failed to accomplish for 30 years: enactment of a law stemming the influx of Jews, Italians, Greeks and other eastern and southern Europeans. “The need of restriction is manifest,” The New York Times declared in an editorial, for “American institutions are menaced” by “swarms of aliens.”

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Protesters rallied last June against family separations in front of the United States Port of Entry in downtown El Paso, Texas. 
Protesters rallied last June against family separations in front of the United States Port of Entry in downtown El Paso, Texas. CreditVictor J. Blue for The New York Times

Keeping people out of the country because of their nationality was hardly a novel idea. The Chinese Exclusion Act of 1882 was avowedly racist. In 1923 a unanimous Supreme Court declared that immigrants from India could be barred from citizenship strictly on racial grounds.

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The race-based ”Aryan Nationalism” of 1920’s America helped pave the way for the Nazi atrocities of World War II.

Out of the failure of the West to save lives when it was possible before the start of World War II and the horrible human exterminations that followed came the 1951 U.N. Convention on Refugees. It is that Convention which Trump and other nationalist leaders throughout the Western World are committed to destroying.

At the recent Louisiana State Bar Immigration Conference, held on April 26, 2019, Attorney R. Andrew Free of Nashville, TN, who had been to the border and observed firsthand the lawless, counterproductive, and inhumane behavior of both the Mexican and U.S. authorities toward asylum seekers, particularly women and children, made an excellent “historical perspective” presentation.

Free traced the origins of today’s xenophobic and racist-inspired restrictionist immigration policies policies to two historic events: 1) the Eisenhower Administration’s 1954 “Operation Wetback” directed against Mexicans which resulted in some Mexican-American citizens and lawful residents being swept up in the indiscriminate “dragnet,” without any hint of due process, directed against Hispanic appearing and Spanish speaking individuals along the Southern Border; and 2) the highly racist Immigration Act of 1924, praised by such “modern day Jim Crows” as Jeff Sessions and his acolyte White House Advisor Stephen Miller.

Do we as a people REALLY want to be remembered the way Coolidge, Albert Johnson, and the host of racist “pseudo-scientists” are described in this article? Or, are we willing to take a stand against the White Nationalist restrictionist agenda being pushed by Trump and his many enablers?

How can we forget our own immigrant heritages and the nasty racist stereotypes thrown at almost every group of new immigrants, including of course enslaved African Americans and other “involuntary forced migrants,” who built America into a great nation!

Due Process Forever — White Nationalism Never!

PWS

05-09-19