Human Rights – Page 222 – immigrationcourtside.com

GOP Pol In OK Would Save Money By Targeting Vulnerable Migrant Students!

https://www.washingtonpost.com/news/post-nation/wp/2017/05/11/one-gop-lawmakers-plan-to-save-money-turning-non-english-speaking-kids-over-to-ice/?hpid=hp_hp-more-top-stories_ice-8a%3Ahomepage%2Fstory&utm_term=.333cfab7e577

Peter Holley reports in the Washington Post:

“Republicans in the Oklahoma state legislature have a challenge on their hands: figuring out how to address a gaping $900 million hole in the state budget without raising taxes.

Some lawmakers have proposed firing nonessential college employees. Others want to drop a film tax credit, saving the state as much as $5 million.

Republican Rep. Mike Ritze told CBS affiliate KWTV that he has another proposal in mind: Rounding up the state’s 82,000 non-English-speaking students and handing them over to Immigration and Customs Enforcement.

“Identify them and then turn them over to ICE to see if they truly are citizens — and do we really have to educate noncitizens?” Ritze asked.

The lawmaker disagrees with the idea that the state should be responsible for educating children who aren’t citizens, though a 1982 Supreme Court decision, Plyler v. Doe, actually prohibits states from denying education to undocumented immigrants.

Still, Ritze told the station that the proposal — which faced immediate backlash and was called “utterly shameful” by the state schools superintendent — could save $60 million.”

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U.S. Supreme Court? Who are they?

PWS

05-12-17

BETSY WOODRUFF @ THE DAILY BEAST: Going Gonzo At The USDOJ!

http://www.thedailybeast.com/articles/2017/04/12/prosecutor-jeff-sessions-new-immigration-plan-is-f-cking-horrifying

Betsy writes:

NOGALES, Arizona—The crowd was small, and Attorney General Jeff Sessions’s speech was short. But his message couldn’t have been clearer:
“This is a new era,” said Sessions, who sported a dark suit in the hot Arizona sun. “This is the Trump era.”
And with that Sessions officially weaponized the Justice Department to crack down on undocumented immigration. After taking a private border tour with Customs and Border Protections agents in Nogales, on the southern edge of Arizona, the attorney general announced the feds will soon be spending a lot more time prosecuting people who break immigration laws.

Sessions made the announcement over a glitchy sound system to a group of reporters and Customs and Border Protection agents just a few feet away from the Mexico border. A gust of wind knocked over the American flag behind him as he spoke, so a CBP agent stood behind it and propped it up until the attorney general finished his speech.
All federal prosecutors, Sessions said in his slow Alabama drawl, must now consider bringing cases against people suspected of the “transportation or harboring of aliens.” Those prosecutors must also look to bring more felony prosecutions against some immigrants who illegally enter the country more than once and should charge immigrants with document fraud—which includes using a made-up Social Security number—and aggravated identity theft when they can.
One veteran federal prosecutor told The Daily Beast these changes are a generating significant concern.
“It’s fucking horrifying,” the prosecutor said. “It’s totally horrifying and we’re all terrified about it, and we don’t know what to do.
“The things they want us to do are so horrifying—they want to do harboring cases of three or more people,” the prosecutor continued. “So if you’re illegal and you bring your family over, then you’re harboring your kid and your wife, and you can go to jail.”
Sessions broke the news on his first trip to the border as attorney general. The last time he visited was a few days before the 2016 presidential election, when he appeared with former Arizona Gov. Jan Brewer to talk up Trump’s tough-on-immigration credentials. During his time in the Senate, Sessions was a relentless advocate for much tougher enforcement of immigration laws. Now that he’s the nation’s top law enforcement official, he’s making good on those commitments—which this trip is highlighting.
Immigration-related crimes are already a massive portion of federal prosecutors’ caseloads; Syracuse University’s Transactional Records Clearinghouse found that immigration violations—including illegal entry and illegal re-entry—made up 52 percent of federal prosecutions from September 2015 to September 2016. In the Trump era, though, immigration offenses will be an even larger part of prosecutors’ work. It’s a move that delights immigration hawks.
“All of these steps from detention to more judges to prosecuting those who have previously been deported will drive down the number of illegals in the country and lead to even bigger drops in those trying to sneak across the border,” said Hans von Spakovsky of the conservative Heritage Foundation. “All of this is long overdue.”
The Federation for American Immigration Reform, a restrictionist group whose leaders have worked closely with Sessions on immigration issues and that has significant clout among Trump’s nationalist-populist allies and aides, takes a broad view of what kind of activity could constitute “harboring.” In a position paper on its site, FAIR says anyone who knowingly helps an undocumented immigrant get a job could be prosecuted.
Some view the change as a waste.

“Every dollar spent on prosecuting an illegal immigrant for illegal reentry is a dollar that could have been spent on prosecuting or investigating a real crime,” said Alex Nowrasteh, an immigration expert at the libertarian-leaning Cato Institute. “It’s a shame the government is prioritizing the enforcement of, essentially, labor market regulations over violent and property crimes.”
Others welcome it. John Huber, the U.S. attorney for Utah, told The Daily Beast his office has already been doing much of what Sessions called for—especially prosecutions related to people entering the U.S. illegally after previously being deported—but that he expects to bring more harboring prosecutions to comply with the guidance. That would include people who drive vans full of undocumented immigrants across the border and into Utah looking for work, he said.
“That’s the type of case we may see here, where you have someone transporting a vehicle full of unlawful immigrants,” he said. “We will go after the people who are transporting them, organizing, and coordinating that trip, bringing aliens into our country.”
Sessions made clear that the new crackdown won’t exempt parents of U.S. citizens.”

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Read Betsy’s Full article at the above link.

And, the zaniness doesn’t end with immigration prosecutions. Just today, the Washington Post reported on Sessions’s plans to pile on criminal charges and fill up the prisons:

“Attorney General Jeff Sessions overturned the sweeping criminal charging policy of former attorney general Eric H. Holder Jr. and directed his federal prosecutors Thursday to charge defendants with the most serious, provable crimes carrying the most severe penalties.

In a speech Friday, Sessions said the move was meant to ensure that prosecutors would be “un-handcuffed and not micromanaged from Washington” as they worked to bring the most significant cases possible.

“We are returning to the enforcement of the laws as passed by Congress, plain and simple,” Sessions said. “If you are a drug trafficker, we will not look the other way, we will not be willfully blind to your misconduct.”

The Holder memo, issued in August 2013, instructed his prosecutors to avoid charging certain defendants with drug offenses that would trigger long mandatory minimum sentences. Defendants who met a set of criteria such as not belonging to a large-scale drug trafficking organization, gang or cartel, qualified for lesser charges — and in turn less prison time — under Holder’s policy.

Civil liberties advocates at the time praised the move as appropriately merciful — potentially preventing people from facing lifelong penalties for crimes that did not warrant such a punishment. But Sessions’s new charging policy, outlined in a two-page memo and sent to more than 5,000 assistant U.S. attorneys across the country and all assistant attorneys general in Washington, orders prosecutors to “charge and pursue the most serious, readily provable offense” and rescinds Holder’s policy immediately.

Sessions said prosecutors would have discretion to avoid sentences “that would result in an injustice,” but his message was clear: His Justice Department will be tougher on drug offenders than its predecessor.

“These are not low-level drug offenders we, in the federal courts, are focusing on,” Sessions said. “These are drug dealers, and you drug dealers are going to prison.”

The Sessions memo marks the first significant criminal justice effort by the Trump administration to bring back the toughest practices of the drug war, which had fallen out of favor in recent years with a bipartisan movement to undo the damaging effects of mass incarceration.
“Drug trafficking is an inherently dangerous and violent business,” Sessions said. “If you want to collect a drug debt, you can’t file a lawsuit in court. You collect it with the barrel of a gun.”

[How Jeff Sessions wants to bring back the war on drugs]

Civil liberties advocates condemned the measure as a return to ineffective policies.

“These are not low-level drug offenders we, in the federal courts, are focusing on,” Sessions said. “These are drug dealers, and you drug dealers are going to prison.”

Civil liberties advocates condemned the measure as a return to ineffective policies.”

Read the complete article by Sari Horwitz and Matt Zapotsky at this link:

https://www.washingtonpost.com/world/national-security/sessions-issues-sweeping-new-criminal-charging-policy/2017/05/11/4752bd42-3697-11e7-b373-418f6849a004_story.html?hpid=hp_hp-more-top-stories_sessions-7a%3Ahomepage%2Fstory&utm_term=.84d70fd2e9ee

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PWS

05-11-17

NEW BIA PRECEDENT: Motivation Irrelevant In “Persecutor Bar” Case — Matter of J.M. ALVARADO, 27 I&N Dec. 27 (BIA 2017)

https://www.justice.gov/eoir/page/file/964491/download

Here is the BIA headnote:

“The persecutor bar in section 241(b)(3)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1231(b)(3)(B)(i) (2012), applies to an alien who assists or otherwise participates in the persecution of an individual because of that person’s race, religion, nationality, membership in a particular social group, or political opinion, without regard to the alien’s personal motivation for assisting or participating in the persecution.”

PANEL: Appellate Immigration Judges Malphrus, Mullane, Liebowitz

OPINION BY: Judge Malphrus

PWS

05-11-17

Tex. Gov. Declares War On Local Police — Inks Bill Banning “Sanctuary Cities” — Critics Call Facebook Ceremony “Cowardly!”

https://www.washingtonpost.com/news/morning-mix/wp/2017/05/08/texas-gov-abbott-springs-surprise-on-critics-signing-sanctuary-cities-ban-unannounced-on-facebook-live/?hpid=hp_hp-more-top-stories_sanctuary-920pm%3Ahomepage%2Fstory&utm_term=.cbc2f01134b8

The Washington Post reports:

“Texas Gov. Greg Abbott made an unannounced appearance on Facebook live Sunday evening to sign a tough bill banning “sanctuary cities” in the state, thereby avoiding demonstrations opponents planned for later in the week when they thought he was going to put his signature on the legislation.

While Abbott’s spokesman said he was just trying to reach a wide audience, critics called Abbott “cowardly” for springing the signing without notice.

Though the bill, which cleared the Republican-controlled legislature last week, was opposed by most major police chiefs in Texas, Abbott said in a statement that the law was a blow against “those that seek to promote lawlessness in Texas.”

Abbott also blasted the one law enforcement officer in Texas who appears to have adopted any sort of policy resembling the amorphous concept of a sanctuary city, Travis County Sheriff Sally Hernandez, who said she would not cooperate with U.S. Immigration and Customs Enforcement requests to hold immigrants while federal authorities investigate their status.

“This law cracks down on policies like the Travis County sheriff who declared she would not detain known criminals accused of violent crimes,” Abbott said.

In fact, Hernandez does honor detainer requests from federal immigration authorities for inmates accused of serious offenses.”

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The lies just keep on flowing from folks like Abbott who are working tirelessly to make our cities and our nation less safe!

But my question is: Where is Jeff Sessions, that staunch defender of the right of local police to do anything they want, when we need him? Surely, he will come to the aid of local police who are trying to resist overreach by the Feds (in this case, the DHS)!

PWS

05-08-17

These Are The Guys That Trump, Sessions, And Kelly Are Purporting To “Protect” Us Against!

https://www.washingtonpost.com/local/maryland-news/he-picked-up-a-paint-brush–and-discovered-a-world-of-opportunity/2017/05/07/bfac6d22-26cc-11e7-bb9d-8cd6118e1409_story.html?utm_term=.a44db669c584

Arelis R. Hernández writes in the Washington Post:

“The still life of rotting fruit captured the attention of Jon Rudnicki, an admissions counselor for the Maine College of Art who came to Washington last fall to review the portfolios of prospective students. So did the dark self-portrait titled “Slave With Agreement,” which shows artist Rafael Rodriguez, his hands tied with rope.

Before Rudnicki realized it, he had spent more than 20 minutes listening to the skinny young man from Prince George’s County talk about isolation, frustration and optimism — far longer than the five minutes he typically allows for student meetings.

“The intentionality behind the work was profound. He has a story to tell,” Rudnicki said of Rodriguez, a senior at Northwestern High School who is set to graduate next month. “I literally see thousands of kids and thousands of pieces of art, and it says something when a student’s face and artwork sticks out. I wanted to help him find his voice.”

Rudnicki lobbied for his college to admit Rodriguez, 21, who fled violence in his native El Salvador four years ago and entered the United States illegally, eventually coming to live with an aunt in Maryland.

The school offered him a scholarship that would pay nearly half of the annual $35,000 cost for four years.

And unlike thousands of other undocumented immigrants of college age, Rodriguez has a chance of being able to seek federal student loans to cover the rest, thanks to a little-known but increasingly in-demand program that will give him legal residency — and is easier for young people to access in Maryland than in most of the rest of the country.

“When I make art, I feel free,” said Rodriguez, who never painted before coming to the United States. “I want to get my education to be an art teacher, have my own art studio and teach people from my country the importance of getting an education. That’s the only way things will change there.”

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Read the complete story at the link.

Rodriguez’s attorney, Diane McHugh Martinez, is one of the best! She appeared before me many times at the U.S. Immigration Court in Arlington, Virginia, and always had creative ideas on how to use the law to save lives and make our country better. She helped many wonderful young people and families to achieve a new start and contribute to the greatness of America. And, she was always able to “reach across the aisle” and enlist the assistance of the fine DHS Assistant Chief Counsel in Arlington in “making the system work.”

As I used too say, “Building America, one case at a time!”

PWS

05-08-17

Hunting Albinos In Africa!

https://www.nytimes.com/interactive/2017/05/05/sunday-review/albinos-in-mozambique.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=photo-spot-region®ion=top-news&WT.nav=top-news

Daniel Rodrigues reports in the NYT Sunday Review:

“MAPUTO, Mozambique — One day in October 2015, Electerio João’s brother-in-law called him up and asked him to come “work and earn money.” Mr. João, who was 22 at the time, welcomed the opportunity. He was living with his mother in a small mud-brick house in the village of Namina in northern Mozambique. He needed the cash.

But he quickly realized that he was going to be the source of cash, not labor. His brother-in-law, working with three of his friends, tied up Mr. João with a rope and took him to the side of a main road, where they planned to sell him for his body parts.

Mr. João has albinism. Superstition in Mozambique and nearby countries like Malawi and Tanzania holds that if you have a piece of albinism on you — in the form of a bone or piece of skin — you’ll have luck and money. In Mozambique a person with albinism can be worth $4,000 to $75,000.

Since the end of 2014, dozens of albinos in Mozambique have been kidnapped or murdered, often by family members. In Malawi, 20 albinos have been killed in the same period and hundreds more attacked. In both countries, albinos’ graves have been desecrated, with corpses dug up for talismans. Those who aren’t abducted or killed face discrimination and live in fear.”

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Read this entire report with more pictures at the link.

U.S. Immigration Judges in Arlington granted protection in a number of these cases. It’s the classic example of a “particular social group” under refugee law.

PWS

05-07-17

WANTED: MORE IMMIGRANTS TO MAKE AMERICA GREAT! — Trump Administration’s “White Nationalism” Likely Road To National Disaster!

https://www.nytimes.com/2017/05/06/opinion/sunday/to-be-great-again-america-needs-immigrants.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-right-region®ion=opinion-c-col-right-region&WT.nav=opinion-c-col-right-region&_r=0

Rushir Sharma writes in the NY Times Sunday Review:

“In short, the standard innovation theory of American exceptionalism is all about qualities that make each worker more productive. Today, nearly all the economic discussion about how to make America great again focuses on ways — like cutting red tape and taxes — to revive flagging productivity growth.

Though this discussion remains critically important, it plays down a big shift in the story. The underlying growth potential of any economy is shaped not only by productivity, or output per worker, but also by the number of workers entering the labor force. The growth of the labor force is in turn determined mainly by the number of native-born and immigrant working-age people. Over the last two decades, the United States’ advantage in productivity growth has narrowed sharply, while its population advantages, compared with both Europe and Japan, have essentially held steady.

What makes America great is, therefore, less about productivity than about population, less about Google and Stanford than about babies and immigrants.

The growing importance of the population race will be very hard for any political leader to fully digest. Every nation prefers to think of itself as productive in the sense of hard-working and smart, not just fertile. But population is where the real action is.

Comparing six of the leading developed countries — the United States, Germany, Japan, Canada, Australia and Britain — I found that not only has productivity growth been slowing across the board in recent decades, but also that the gaps in productivity growth among these rich nations are narrowing sharply. For example, in the 1990s and 2000s, productivity was growing much faster in the United States than in Germany or Japan, but that advantage has largely disappeared in this decade.

The reasons for this convergence are complex, possibly having to do with the way production technology now spreads quickly across borders. But this trend spans the developed world, and it basically holds regardless of which two countries you compare, which should raise doubts about how any one country, including the United States, can regain a distinct economic advantage by focusing only on reviving productivity.

Which brings us back to babies and immigrants. Like productivity, population growth has been slowing worldwide in recent decades, the big difference being that the gaps among the rich nations are increasingly significant. In the 1960s the United States population growth rate averaged 1.2 percent, or 50 percent higher than Europe’s and about the same as Japan’s. By the late 1960s, population growth peaked worldwide because of the spread of birth control and other cultural shifts, but it has slowed much more gradually in the United States than in its rivals.

Since 2005, per capita gross domestic product has grown on average by 0.6 percent a year in the United States, exactly the same rate as in Japan and virtually the same rate as in the 19 nations of the eurozone. In other words, if it weren’t for the boost from babies and immigrants, the United States economy would look much like those supposed laggards, Europe and Japan.

Indeed, if the United States population had been growing as slowly as Japan’s over the last two decades, its share of the global economy would be just 15 percent, not the 25 percent it holds today.

Moreover, immigrants make a surprisingly big contribution to population growth. In the United States, immigrants have accounted for a third to nearly a half of population growth for decades. In other countries with Anglo-Saxon roots — Canada, Australia and Britain — immigrants have accounted for more than half of population growth over the past decade. Those economies have also been growing faster than their counterparts in the rest of Europe or Japan. But much of that advantage would have disappeared without their population advantage.

Politically, the irony of this moment is stark. Population growth is increasingly important as an economic force and is increasingly driven by immigration. Yet now along comes a new breed of nationalists, rising on the strength of their promises to limit immigration. And they have been especially successful in countries where anti-immigrant sentiment has run strong, including the United States and Britain.

. . . .

It would be unrealistic to imagine that hard economic logic will turn the anti-global, anti-foreign tide any time soon. So the likely result is that the United States and Britain will go ahead and limit immigration. To the extent they do — and their rivals do not — they will undermine their key economic edge, and cede much of the growth advantage they have enjoyed over Europe and Japan.”

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The “other people’s babies” crowd is driven by xenophobia and racism, not by any real desire for a great future for all Americans.

Meanwhile, tone-deaf Republicans, including Jeff Sessions, are calling for limits on legal immigration, without any credible factual or statistical basis to support their restrictionist agenda. Same goes for those who would limit family-based immigration in favor of some type of “point system” favoring highly skilled migrants.

The U.S. needs (and uses) migrant labor in all parts of the economy. If anything, migration, both legal and undocumented, at the “worker bee level” — farmworkers, construction workers, food processors, child care workers, hospitality industry workers, janitors, and other service occupations — has been just as important to our growth and prosperity as a nation as have been scientists, researchers, professors, executives, star athletes, entertainers, and capitalists.

We need a comprehensive immigration reform package that not only legalizes those law-abiding immigrants already in the workforce, but provides opportunities for significantly expanded legal immigration. Not only would this more realistic approach address our economic needs, but it also would be a better way to solve immigration enforcement issues than money spent on walls, detention, and more enforcement bureaucracy.

As the system more reasonably matches supply and demand, the pressure for migration outside the system decreases and the incentive for “getting in line” increases. Just good old capitalist theory applied to the oldest human phenomenon: migration.

PWS

05-07-17

MARJORIE COHN IN HUFFPOST: Destroying American Justice From The Inside — The “Gonzo-Apocalypto Era” Takes Hold At The USDOJ!

http://www.huffingtonpost.com/entry/jeff-sessions-department-of-injustice_us_590dd80ee4b0f711807244f1

Cohn writes:

“Motivated by his deep-seated biases and those of President Donald Trump, Attorney General Jeff Sessions is pursuing a draconian agenda on voting rights, immigration, crime, policing, the drug war, federal sentencing and the privatization of prisons.

Sessions, now head of the Department of Justice, which is charged with enforcing the Voting Rights Act, once called the act “intrusive.” In 2013, after the Supreme Court issued a decision in “Shelby County v. Holder” that struck down the section of the act that established a formula for preclearance of jurisdictions with a history of racial discrimination, Sessions called it “a good day for the South.”

Sessions and Trump tout the existence of what the Brennan Center for Justice at New York University Law School calls a “phantom crime wave.” While this administration scaremongers about high crime rates, in reality, national crime and murder rates are at a near-historic low: 50 percent less than they were at their peak in 1991.

Trump’s campaign mantra was “law and order,” a euphemism for tolerating excessive force by police officers, often against people of color. Trump speaks of “American carnage” in the cities and a “war” on the police. His bogus rhetoric is aimed at Black Lives Matter, which arose in response to increasing numbers of police shootings, particularly of nonwhites.

The president depicts police reform measures as “anti-law enforcement” and Sessions is fully on board with this framing. In 2015, when he was a senator, Sessions said that police reform movements endanger public safety and hinder police work.

Sessions opposes consent decrees, which are court-enforced agreements aimed at eliminating racial profiling and excessive force by police in agencies that demonstrate “a pattern or practice” of violating civil rights. Sessions says the federal government should not be “dictating to local police how to do their jobs” (except when it comes to immigration enforcement, that is).

Amnesty International warns that Trump and Sessions’ “law and order” rhetoric could lead to higher levels of mass incarceration, long sentences and prolonged solitary confinement.

. . . .

Trump and Sessions are not disappointing the white nationalists who favor using immigration policy as a wedge to further their “alt-right” program.

Kevin de León, President pro Tempore of the California State Senate, noted, “It has become abundantly clear” that Sessions and Trump “are basing their law enforcement policies on principles of white supremacy ― not American values.”

From January to mid-March of this year, immigration arrests have increased by 33 percent. Since Trump’s inauguration, the number of arrests of immigrants with no criminal records has doubled. Roughly half of the 675 arrested in early February raids had either driving convictions or no criminal record at all, according to data obtained by The Washington Post.

Sessions drastically increased penalties for illegal reentry into the United States and ordered immigration officials to charge undocumented immigrants with higher-penalty crimes.

Although Sessions’ heavy-handed actions are based on Trump’s spurious claim that immigrants disproportionately murder and rape US citizens, studies have shown that immigrants actually commit fewer crimes than citizens.

Agents from Immigration and Customs Enforcement (ICE) are arresting immigrants who come to the courthouse. This egregious practice motivated California Supreme Court Chief Justice Tani Cantil-Sakauye to complain in a letter to the Departments of Justice and Homeland Security that ICE agents “appear to be stalking undocumented immigrants in our courthouses to make arrests.”

Terrorizing immigrants with frightful measures discourages immigrant witnesses from reporting crimes, and discourages victims from seeking legal measures and services that are meant to protect their own safety and well-being.

By March, the Los Angeles Police Department had seen a 25 percent drop in the number of Latinos reporting sexual assault and a 10 percent decrease in Latinos’ reports of domestic violence. By early April, there was a 42.8 percent drop in the number of Latinos who reported rapes to the Houston Police Department. And a health care center in Los Angeles reported a 20 percent decrease in food stamp enrollments and a 54 percent drop in enrollments for Medicaid.

The Trump administration has been arresting ― even deporting ― “Dreamers” who relied on Barack Obama’s assurances they would be protected if they came out of the shadows and provided their personal information to ICE. Dreamer Juan Manuel Montes Bojorquez is a registrant in Obama’s Deferred Action for Childhood Arrivals (DACA) program, and was the first DACA recipient to be deported. Bojorquez, who is now in Mexico, is suing the US federal government.

On January 25, 2017, Trump signed an executive order to halt federal funding to municipal governments that don’t facilitate federal immigration enforcement. Trump’s order is aimed at “sanctuary cities” that protect immigrants from deportation.

In March, Sessions threatened officials in nine jurisdictions with losing their 2016 grants if they failed to certify by June 30 that they were in compliance with a law that forbids local authorities from forcing officials to withhold information about immigration status from federal authorities.

But the majority of sanctuary policies do not cover information sharing. Most address how to handle “detainers,” where federal immigration officials request that state or local authorities continue to detain people who are eligible for release. Courts have said jurisdictions cannot be forced to honor those detainers.

Trump’s January 25 order is blocked, for now. US District Judge William H. Orrick III issued a nationwide preliminary injunction that forbids the federal government from withholding funds from municipal governments that don’t fully cooperate with immigration agents.

Orrick also ruled the federal government can’t legally force counties to hold undocumented people beyond their release dates. The judge concluded Trump’s order likely violates due process, the separation of powers doctrine, and the 10th Amendment, which prevents federal interference with state and local self-government. Only Congress can limit spending, Orrick wrote.

This is Trump’s third executive order halted by federal courts. His first and second Muslim bans are now pending in the 9th and 4th Circuit Courts of Appeals.

. . . .

After Trump nominated Sessions for attorney general, Rep. Luis Gutiérrez (D-Illinois) stated, “No senator has fought harder against the hopes and aspirations of Latinos, immigrants and people of color than Sen. Sessions.”

Indeed, no one is worse equipped to lead the Department of Justice. Sessions’ racism is prominently on display in every action he has taken during his short tenure in Trump’s cabinet.

It is critical that “we the people” continue to resist, in every way we can, the Trump-Sessions pattern and practice of injustice.

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild and deputy secretary general of the International Association of Democratic Lawyers. Her books include The United States and Torture: Interrogation, Incarceration, and Abuse; Cowboy Republic: Six Ways the Bush Gang Has Defied the Law; and Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Follow her on Twitter. Copyright Truthout. Reprinted with permission.”

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Read the entire article over on HuffPost.

So much damage in so little time. And, I’m sure the worst is yet to come. Most impressive in a depressingly negative way! Senators Liz Warren, Cory Booker, and others were right!

PWS

05-07-17

THE RAPE THAT WASN’T — MD Prosecutors Drop Charges Against Two Hispanic Students At Rockville High In Case That Administration “Tried” Without Facts In Attempt To “Whip Up” Xenophobia!

https://www.washingtonpost.com/local/public-safety/rape-charge-against-immigrant-teen-in-maryland-case-will-be-dropped-defense-lawyer-says/2017/05/05/a4806c02-312f-11e7-8674-437ddb6e813e_story.html?utm_term=.cc30dc476886&wpisrc=nl_buzz&wpmm=1

The Washington Post reports:

“Maryland prosecutors said they will drop rape and sex offense charges against two immigrant teens accused of attacking a 14-year-old classmate in a high school bathroom stall in a case that attracted international and White House attention and stoked the debate about illegal crossings into the United States.

After a court hearing Friday morning, prosecutors said they will drop the sex-assault case against Henry Sanchez Milian, 18, and Jose Montano, 17.

“The facts of this case do not support the original charges filed,” said Montgomery County State’s Attorney John McCarthy.

Defense lawyers had said for weeks that the sex acts were consensual and that text messages and school surveillance videos did not substantiate the girl’s claims she had been pushed from a hallway into a bathroom at Rockville High School on March 16 and that the suspects took turns assaulting her as she tried to break free.

As prosecutors moved to dismiss the rape cases, they began pursuing cases of child pornography charges related to images discovered on cellphones during the course of the investigation, according to court records and defense attorneys.

Prosecutors did not describe the content or path of the exchanges of the images. Defense attorneys said they were willingly shared by the girl with one defendant, who passed them along to the other.

Sanchez Milian’s attorney, Andrew Jezic, called the charges “selective prosecution of elective promiscuity,” adding that “it is hardly uncommon behavior for teenagers.”

Montano’s attorney, Maria Mena, said the child pornography laws are made to go after adults. She called the new charges “egregious.”

The developments Friday stood in stark contrast to the reports that pushed the case onto the national platform.

The severity of the reported assault — the girl originally told police the suspects held her down as she cried and repeatedly told them to stop — and that the two accused teens had entered the United States illegally only months earlier drew heated comments from the White House to the Maryland State House and to activists in the county.

Montano came to the United States from El Salvador, and Sanchez Milian from Guatemala. They were stopped at the border, detained, then allowed to continue on to relatives before they enrolled at Rockville at a ninth-grade level.

White House press secretary Sean Spicer was asked at a daily briefing about the cases in its early days and said, “The idea that this occurred is shocking, disturbing, horrific.”

“Part of the reason that the president has made illegal immigration and crackdown such a big deal is because of tragedies like this. . . . Immigration pays its toll on our people if it’s not done legally, and this is another example,” Spicer said.”

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Read the entire article at the above link.

Always a good idea to wait for the legal system to operate before passing judgment. And, the idea that anyone in the Trump Administration would give “two hoots and a holler” about a rape victim is facially absurd.

Nope. It’s all about revving up xenophobia. And, the targets aren’t just those who arrived recently and made claims for protection. Xenophobia, like racism, is an ugly phenomenon. In the end, the Administration’s “white nationalist” agenda threatens all Americans in one way or another (ironically, it even threatens those who think that they stand to benefit from it).

PWS

05-07-17

Two New Pieces From N. Rappaport: Perhaps “Lost In The Shuffle” — Trump’s Plans For An Expanded Travel Ban & “Super Expedited” Removals!

Nolan is one of the “hardest working op-ed writers”in the field! Here’s the intro to what he had to say in HuffPost about an expanded “travel ban.”

https://www.linkedin.com/redir/redirect?url=http%3A%2F%2Fwww%2Ehuffingtonpost%2Ecom%2Fentry%2F5894ed61e4b061551b3dfe64&urlhash=nmYz&_t=tracking_anet

“Too much attention is being paid to a 90-day travel ban in President Donald Trump’s Executive Order Protecting the Nation From Foreign Terrorist Entry into the United States (Order). While it is a serious matter, the temporary suspension of admitting aliens from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen into the United States is just the tip of the iceberg. Other provisions in the Order may cause much more serious consequences.

Section 3(a) of the Order directs the Secretary of the Department of Homeland Security (DHS), in consultation with the Secretary of the Department of State (DOS) and the Director of National Intelligence, to determine what information is needed “from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.” This applies to all countries, not just the seven that are subject to the 90-day suspension.

Those officials have 30 days from the date of the Order to report their “determination of the information needed for adjudications and a list of countries that do not provide adequate information (emphasis supplied).”

Section 3(d) directs the Secretary of State to “request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.” Section 3(e) explains the consequences of failing to comply with this request. Note that this also applies to all countries, not just the seven that are subject to the 90-day delay.

(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, …) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs (emphasis supplied).

This is far more serious than the 90-day ban on immigration from the seven designated countries. With some exceptions, President Trump is going to stop immigration from every country in the world that refuses to provide the requested information. And this ban will continue until compliance occurs.

Does the President have the authority to do this? Yes, he does. The main source of the president’s authority to declare such suspensions can been found in section 212(f) of the Immigration and Nationality Act, the pertinent part of which reads as follows:

(f) Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

The Order permits the Secretaries of DOS and DHS to waive the restrictions on a case-by-case basis when it is in the national interest.

DHS Secretary John Kelly has applied this waiver to the entry of lawful permanent residents. In a statement released on January 29, 2017, he says, “absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.”

The ACLU Executive Director, Anthony D. Romero, claims that the Order is “a Muslim ban wrapped in a paper-thin national security rationale.”

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

I understand Nolan’s point that President Trump could be within his rights to invoke the travel ban. Nevertheless, in a recent blog on this site, former State Department visa officer Jeff Gorsky pointed out that historically the section 212(f) sanction of suspension of visa issuance has been used in a very narrow and focused manner. http://wp.me/p8eeJm-Hr

The prospect of large-scale visa suspensions in the current context also seems like unusual policy to me. Let’s take the most obvious example: Iran, a country with which we have famously strained relations.

Why would Iran want to provide us with any useful information about its nationals? And, if they did, why would we trust it?

For example, if there is a real “Iranian spy” out there I’m sure the Iranian Government will give him or her a “clean bill of health.” On the flip side, if there are some Iranian democracy advocates who are annoying to the Iranian Government but want to travel to the U.S., Iran would likely plant false information to make us believe they were “terrorists.

Hopefully, in Iranian visa cases we are getting our “vetting” information largely from sources other than the Iranian Government. Consequently, like so many of the Trump Administration’s actions, it is hard to take a threat to ban visa issuance as a serious effort to protect national security. It’s likely that national security is just a “smokescreen” for other possible motives. Who knows?

I’m incurred to think that if Trump decides to “go big” with 212(f) visa suspensions, at least some lower Federal Courts are likely to adopt the “Gorsky view” that “he can’t do that.”

You should read Nolan’s complete article in HuffPost at the above link!

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

Next, Nolan writes about the Administration’s “expedited removal campaign” in The Hill:

http://thehill.com/blogs/pundits-blog/immigration/332110-on-illegal-immigration-trump-puts-an-end-to-obamas-home-free

“As of the end of January 2017, the immigrant court’s backlog was 542,411 cases. Even if no additional cases are filed, it would take the court two-and-a-half years to catch up with its backlog.

President Trump finessed his way around this problem by expanding the use of expedited removal proceedings with his Executive Order, Border Security and Immigration Enforcement Improvements.

In expedited removal proceedings, which are conducted by immigration officers, an alien who lacks proper documentation or has committed fraud or a willful misrepresentation to enter the country, will be deported without a hearing before an immigration judge, unless he requests an asylum hearing.

Asylum hearings, which are conducted by immigration judges, are available to aliens who establish a credible fear of persecution. An asylum officer determines whether the alien has a credible fear of persecution.

The alien cannot have assistance from an attorney in these proceedings, and, because detention is mandatory, his ability to gather evidence in support of his case is severely restricted.

Moreover, Section 208(a)(2)(B) of the Immigration and Nationality Act (INA) limits asylum to aliens who have been in the United States for less than a year (with some exceptions).

If the asylum officer rejects the credible fear claim, the alien can request an expedited review of his credible fear case by an immigration judge, which usually is held within 24 hours but in no case later than seven days after the adverse credible fear determination.

Federal court review is available, but it is restricted to cases in which the alien makes a sufficient claim to being a United States citizen, to having lawful permanent resident status, or to having been admitted previously as a refugee or an asylee.

A federal judge recently held that asylum denials in expedited removal proceedings are not reviewable in federal court and the Supreme Court let the decision stand.

Previous administrations limited expedited removal proceedings to aliens at the border and aliens who had entered without inspection but were apprehended no more than 100 miles from the border after spending less than 14 days in the country.

The Executive Order expands expedited removal proceedings to the full extent of the law. Section 235(b)(1)(A)(iii)(ll) of the INA authorizes expedited removal proceedings for aliens who have been physically present in the United States for up to two years.

It is likely to be very difficult for aliens to establish physical presence of more than two years, and if they do, they will be faced with the one year deadline for asylum applications, which in many cases is the only form of relief available to an undocumented alien.

President Trump will be able to use expedited removal proceedings to deport millions of undocumented aliens without hearings before an immigration judge.

The only way to stop him is to find a way to work with him on a comprehensive immigration reform bill that meets the political needs of both parties, and time is running out.”

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

I’m all for comprehensive immigration reform. But, if it doesn’t happen, I’m not so sure that Trump, Sessions & Co. won’t “push the envelope” on expedited removal to the point where the Supremes “just say no.” After all, even noted conservative chief Justice John Roberts seemed unenthusiastic about giving the DHS total prosecutorial discretion in a recent citizenship case. See this earlier blog: http://wp.me/p8eeJm-Lv.

PWS

05-076-17

STONEWALLED!! — Congress Says “NO” To Trump’s Wall — Trims Back Requests For DHS Agents & Detention — Funds 10 New U.S. Immigration Judge Teams — Asks For 365 Day “Median” Court Case Cycle (Dream On, Dream On)!

Here’s the Section of the House Appropriations Committee Report relating to EOIR and the U.S. Immigration Courts:

"EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $457,154,000 for the Executive 
Office for Immigration Review (EOIR), of which $4,000,000 is 
from immigration examination fees. The recommendation is 
$29,003,000 above the request. The recommendation will support 
25 additional immigration judge (IJ) teams. In addition, the 
recommendation includes a $1,706,000 program increase for the 
modernization of mission critical systems and a $5,727,000 
program increase for infrastructure improvements. The 
recommendation sustains the current legal orientation program 
and related assistance, such as the information desk pilot. The 
recommendation does not include any funding to establish or 
fund a legal representation program.
    Assuring immigration regulation helps optimize strong 
enforcement.--The Committee is concerned with the pace of 
hiring and onboarding Immigration Judges funded in fiscal years 
2015 and 2016, and expects the Department to accelerate the 
recruitment, background investigation and placement of IJ teams 
to areas that have the highest workload. The Committee is 
alarmed that despite the increased resources provided to EOIR 
in fiscal years 2015 and 2016, the median days pending for a 
detained immigration case is 71 days and the median days 
pending for a non-detained case is 665 days. While the 
Committee understands that factors outside the control of 
Immigration Judges can affect case length, these median case 
times are unacceptable. The Committee directs EOIR to establish 
a goal that by the end of the fiscal year 2017 the median days 
pending of detained cases be no longer than 60 days, and the 
median length for non-detained cases be no longer than 365 
days. To monitor the progress in this effort, the Committee 
directs EOIR to continue to provide monthly reporting on EOIR 
performance and IJ hiring as specified in the statement 
accompanying the fiscal year 2016 Omnibus Appropriation Act.
    Court space.--The recommendation fully funds the request 
for additional court infrastructure and expects EOIR to use 
these funds fully to ensure that additional IJ teams have the 
necessary court space. However, the Committee is concerned that 
EOIR is not using all available EOIR or Department of Homeland 
Security (DHS) space. EOIR is directed to provide a report to 
the Committee within 90 days of enactment of this Act outlining 
its utilization of existing EOIR and DHS space and its plans 
for acquiring additional space in order to accommodate 
additional Immigration Judges.
    Visa overstay cases.--The Committee directs EOIR to submit 
a report, no less than 60 days after enactment of this act, and 
monthly thereafter, detailing the number of instances of visa 
overstay cases that have been adjudicated through the court 
system, and recommend steps to take in coordination with other 
agencies to streamline visa overstay adjudication procedures.
    To better understand the policy and practice of immigration 
courts in setting detainee bonds, the Committee directs the 
Executive Office for Immigration Review (EOIR) to report within 
120 days of enactment on how immigration judges use ``ability 
to pay'' criteria in determining the amounts of bonds, and the 
process for appealing such bond decisions. In addition, the 
report should include for fiscal years 2012-2016 the number of 
requests for reconsideration or appeals of bond amounts; how 
many requests or appeals resulted in reductions in bonds; and 
how many detainees did not pay bond set by an immigration 
judge."

The complete Committee Report, H.R. Rep. No.114-605, is available here: https://www.congress.gov/congressional-report/114th-congress/house-report/605
****************************************

And, here is the actual language from the Appropriations Bill:

“EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

(INCLUDING TRANSFER OF FUNDS)

This Act includes $440,000,000 for the Executive Office for Immigration Review (EOIR), of which $4,000,000 is derived by transfer from fee collections. This reflects funding for EOIR in a separate appropriation account, in lieu of being funded under the former Administrative Review and Appeals appropriation.

Within the funding provided, EOIR is directed to continue ongoing programs, continue the hiring process of new judges funded in fiscal year 2016, recruit and hire no fewer than 10 new Immigration Judge (IJ) Teams, and complete modernization of mission critical systems and improvements in infrastructure as described in the budget request.

Immigration Judge Hiring and Adjudication Backlog.-The Department shall accelerate its recruitment, background investigation, and placement of IJ teams and establish median days pending targets for cases (detained and non-detained) as specified in the House Report. For fiscal year 2017, EOIR shall continue to submit monthly performance and operating reports to the Committees on Appropriations, to include the status of its hiring and deployment of new IJ teams, in the format and level of detail provided in fiscal year 2016. In addition, not later than 60 days after the date of enactment of this Act, EOIR shall report to the Committees on Appropriations on visa overstay cases as directed in the House report.”

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

In the final version of the bill, Congress supported EOIR’s mission with increased resources.

Not surprisingly, the Committee was concerned about the glacial pace at which the DOJ hired new Immigration Judges authorized in FY 2015 & FY 2016. Attorney General Sessions says he has already taken steps to “streamline and expedite” IJ hiring, although I’m not aware of the details of the revised judicial hiring process.

The Committee was also critical of the failure of the
DOJ/EOIR to obtain sufficient space for additional Immigration Judges, noting that EOIR was not currently using all available space for Immigration Courtrooms.

Notwithstanding these problems, the bill provides for 10 additional Immigration Judge “Teams” (including support staff). This was in lieu of the 25 additional Immigration Judge Teams mentioned in the report.

The Committee was shocked by the “median times” for completing both detained (71 days) and non-detained (665 days) cases. It ordered EOIR to establish goals of 60 days median for detained cases and 365 days for non-detained cases.

The 60 day detained goals appears achievable, particularly because the Trump Administration is now diverting Immigration Court resources to the detained docket. However, the Administration’s apparent intent to increase both arrests and detentions could hamper that goal.

By contrast, the 365 day non-detained goal shows a massive disconnect in the Committee’s knowledge and understanding of the current Immigration Court system. With the backlog steadily rising under the Trump Administration to 570,000 cases, careening toward 600,000, with no end in sight, a 365 day “goal” is right out of “Never-Never Land.”

Indeed, reassigning Immigration Judges from the non-detained to the detained docket to achieve a 60 day median is likely to result in further deterioration in the 665 day median for non-detained cases. And, 10 new IJs, while certainly very welcome, are a mere drop in the bucket — unlikely to make any significant dent in the backlog or the median time for non-detained cases.

The only ways to cut the median for non-detained cases to anything approaching 365 days would be by 1) doubling the size of the Immigration Judiciary (now at approximately 305), or 2) cutting the Immigration Court’s docket in half.

The former simply is not feasible in the foreseeable future, particularly given the DOJ’s inability to fill currently vacant IJ positions and to make realistic plans for expansion of courtrooms.

The second alternative could be achieved, but not the way the Trump Administration is proceeding. Instead of “jacking up” arrests, detention, and court dockets, the Administration would have to exercise discretion to pull the vast majority of the 570,000 pending cases out of court and allow individuals without serious criminal records to remain in the U.S. Eventually, some type of legalization legislation would have to be developed with Congress.

Additionally, rather than expanding the priorities to include “almost anybody,” the Administration would have to further refine the Obama Administration priorities so that only those individuals convicted of serious crimes were targeted for removal proceedings.

The current system is heading for a massive “train wreck.” While the Committee’s support of the Immigration Courts is an important step in the right direction, it doesn’t come close to addressing the current dysfunctions at DHS and DOJ with respect to the Immigration Court system.

Finally, the Committee seemed interested in getting more information about the bond system in Immigration Court, with particular emphasis on whether and how Immigration Judges were considering “ability to pay” as part of the equation for setting bonds.

PWS

05-02-17

New From 9th Circuit: Ayala v. Sessions — Reaffirming “economic extortion on the basis of a protected characteristic can constitute persecution!” — Judicial Review of Credible Fear/Reinstatement — “Extortion Plus” Reaffirmed!

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/05/01/13-72250.pdf

“The IJ abused his discretion in concluding that there was no legal error in his previous opinion affirming the negative reasonable fear determination.5 Contrary to the IJ’s holding, our precedents make clear that economic extortion on the basis of a protected characteristic can constitute persecution.

5 We review the legal error de novo and conclude that the IJ abused his discretion in reaching the result he did. See Popa v. Holder, 571 F.3d 890, 894 (9th Cir. 2009) (“An IJ abuses his discretion when he acts arbitrarily, irrationally, or contrary to law.”) (citations and quotation marks omitted); see also Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 (1990) (“A district court would necessarily abuse its discretion if it based its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence.”).

AYALA V. SESSIONS 17

Borja, 175 F.3d at 736; Barajas-Romero, 846 F.3d at 357 & n.5 (“A person seeking withholding of removal must prove not only that his life or freedom will be threatened in his home country, but also that the threat is ‘because of’ one of the five listed reasons:” race, religion, nationality, membership in a particular social group, or political opinion) (citing 8 U.S.C. § 1231(b)(3)(A); 8 C.F.R. § 208.16(b)). In Borja, for example, the petitioner suffered past persecution on account of her political opinion when she was extorted partly for economic reasons and partly on the basis of her political statements. 175 F.3d at 736. We described this type of persecution as “extortion plus”—that is, extortion, with the threat of violence, on the basis of a protected characteristic. Id.

Here, Ayala testified that she suffered this type of persecution by stating that she faced extortion, and threats of violence, not only for economic reasons, but also because of her family ties. Rios v. Lynch, 807 F.3d 1123, 1128 (9th Cir. 2015) (“[T]he family remains the quintessential particular social group.”). Whatever the merits of her claim, it was legal error for the IJ to hold that extortion could not constitute persecution for the purposes of withholding of removal: where the petitioner’s membership in a particular social group (in this case, a family) is at least “a reason” for the extortion, it is sufficient to meet the nexus requirement for withholding of removal. See Barajas-Romero, 846 F.3d at 360 (Post REAL-ID withholding claims are not governed by the “one central reason” test that applies to asylum claims, but instead require only that a protected ground was “a reason” for persecution, which “is a less demanding standard.”).

18 AYALA V. SESSIONS

Therefore, we grant Ayala’s petition for review, and remand for the IJ to address whether Ayala has established a reasonable fear based on her extortion-plus claim of persecution.

CONCLUSION

We have jurisdiction to review the IJ’s negative reasonable fear determination relating to the reinstatement of Ayala’s expedited removal order. The BIA’s dismissal of Ayala’s appeal for lack of jurisdiction was the final order of removal; therefore, Ayala’s petition for review is timely because it was filed less than 30 days after that order.

We hold that the IJ abused his discretion in concluding that extortion could not constitute past persecution, and in failing to consider the question of Ayala’s family ties. Therefore, we GRANT Ayala’s petition for review and REMAND for proceedings consistent with this opinion.”

PANEL:

Stephen Reinhardt and Kim McLane Wardlaw, Circuit Judges, and Edward R. Korman,* District Judge. (*The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation.)

OPINION BY: Judge Reinhardt

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

In my experience, U.S. Immigration Judges, the BIA, and some Courts of Appeals make the mistake highlighted by the 9th Circuit in far too many instances by summarily disregarding credible claims of persecution based on extortion. That’s why the Trump Administration’s effort to “heighten” the standards for “credible fear” and “reasonable fear” of persecution will almost certainly compromise due process and fairness.

PWS

05-01-17

How The Trump Administration Deliberately Uses The Term “Criminal” To Dehumanize Migrants!

https://www.nytimes.com/2017/05/01/opinion/who-is-a-criminal.html?em_pos=small&emc=edit_ty_20170501&nl=opinion-today&nl_art=6&nlid=79213886&ref=headline&te=1&_r=0

From Jason Stanley’s op-ed in the NY Times:

“In the United States, Donald Trump rode to victory with a call to expel “criminal aliens.” In his announcement of his run for office, he spoke of Mexican immigrants as “rapists.” Since he has taken office, he has harshly targeted immigrants in the United States; at his rally on Saturday in Harrisburg, Pa., he compared immigrants — as he did last year — to poisonous snakes, to great applause. It is worth noting that this tactic of dehumanization — referring to humans as animals — has historically been used to foment hatred and violence against chosen groups. In the lead up to the Rwandan genocide, for instance, Tutsis were regularly described as snakes.

The author’s grandmother, right, at age 10.

While President Barack Obama set deportation priorities by making a distinction between undocumented immigrants with serious criminal convictions and everyone else, Trump’s executive orders vastly expand the criminal category — so much so that it essentially criminalizes anyone in the country who is without status and makes the roughly 11 million undocumented immigrants in the United States a top priority for deportation. Between January and March of this year, Immigration and Customs Enforcement arrested 21,362 immigrants, a 32.6 percent increase from the same period last year. Of those arrested, 5,441 of them had no history of violating a law.

The administration’s hard line on the standard for criminalization has gone so far as to alarm several members of the Supreme Court, as demonstrated during an argument before the Court last week (Maslenjak v. United States), in which a Justice Department lawyer argued that, as The Times reported, “the government may revoke the citizenship of Americans who made even trivial misstatements in their naturalization proceedings,” including not disclosing a criminal offense of any kind, even if there was no arrest. To test the severity of that position, Chief Justice John G. Roberts, Jr., confessed to a crime — driving 60 miles an hour in a 55-mile-an-hour zone many years ago without being caught. He then asked if a person who had not disclosed such an incident in his citizenship application could have his citizenship revoked. The lawyer answered, yes. There was “indignation and incredulity” expressed by the members of the Court. Justice Anthony M. Kennedy told the lawyer, “Your argument is demeaning the priceless value of citizenship.” Roberts put it simply. If the administration has its way, he said, “the government will have the opportunity to denaturalize anyone they want.”

EXILE FROM ONE’S HOME is historically considered one of the worst punishments the state could employ; it was, after all, one of the traditional Greek and Roman punishments for murder, their alternative to the death penalty. In the opening pages of her book, my grandmother speaks to its harshness, as well as to the complex relationship between expulsion and death:

“With millions of others, I was singled out to live two lives. One day, which seemed to be like any ordinary day, I was told: ‘“Stop just where you are. This life of yours is finished. Fulfilled or not — it stops right now. You are not going to die — go and begin another.’ ”

She continues:

“My roots were stuck deeply in their native German soil. Perhaps a part broke and remained there, for how am I to explain that my heart at times seems to be drawn by a force thousands of miles away?” The pain of being torn from her roots, she wrote, stayed with her throughout her life “as the stump of an amputated leg causes a man to say, ‘My foot hurts’; and yet he knows there is no foot to hurt.”

The president and his administration regularly stoke fear of immigrants by connecting them to criminality. Again and again, we are presented with the specter of “criminal aliens” — and not just in remarks but also in official documents, like the announcement of a new office in the Department of Homeland Security devoted to helping “vi ctims of crimes committed by criminal aliens.”

The word “criminal” has a literal meaning, of course, but it also has a resonant meaning — people who by their nature are insensitive to society’s norms, drawn to violate the law by self-interest or malice. We do not generally use the term to describe those who may have inadvertently broken a law or who may have been compelled to violate a law in a desperate circumstance. Someone who runs to catch a bus is not necessarily a runner; someone who commits a crime is not necessarily a criminal.

Politicians who describe people as “criminals” are imputing to them permanent character traits that are frightening to most people, while simultaneously positioning themselves as our protectors. Such language undermines the democratic process of reasonable decision-making, replacing it with fear. Discussion that uses terms like “criminal” to encompass both those who commit multiple homicides for pleasure and those who commit traffic violations distorts attitudes and debates.

Deliberately obscuring the crucial distinction between someone who violates a law and someone whose character leads them to repeatedly commit serious crimes is an effective strategy for masking gross injustice. Our current administration is vigorously employing that strategy, and history suggests that it is rarely constrained to just one group. If we look away when the state brands someone a criminal, who among us then remains safe?

FEAR WORKING? — Trump Showing Doubters That “Tough Talk & Actions” Can Alter Migration Patterns!

https://www.washingtonpost.com/politics/amid-immigration-setbacks-one-trump-strategy-seems-to-be-working-fear/2017/04/30/62af1620-2b4e-11e7-a616-d7c8a68c1a66_story.html?hpid=hp_rhp-top-table-main_trumpimmigration-710pm-1%3Ahomepage%2Fstory&utm_term=.f8b003fef8f7

David Nkamura writes in the Washington Post:

“In many ways, President Trump’s attempts to implement his hard-line immigration policies have not gone very well in his first three months. His travel ban aimed at some Muslim-majority countries has been blocked by the courts, his U.S.-Mexico border wall has gone nowhere in Congress, and he has retreated, at least for now, on his vow to target illegal immigrants brought here as children.

But one strategy that seems to be working well is fear. The number of migrants, legal and illegal, crossing into the United States has dropped markedly since Trump took office, while recent declines in the number of deportations have been reversed.

Many experts on both sides of the immigration debate attribute at least part of this shift to the use of sharp, unwelcoming rhetoric by Trump and his aides, as well as the administration’s showy use of enforcement raids and public spotlighting of crimes committed by immigrants. The tactics were aimed at sending a political message to those in the country illegally or those thinking about trying to come.

“The world is getting the message,” Trump said last week during a speech at the National Rifle Association leadership forum in Atlanta. “They know our border is no longer open to illegal immigration, and if they try to break in you’ll be caught and you’ll be returned to your home. You’re not staying any longer. If you keep coming back illegally after deportation, you’ll be arrested and prosecuted and put behind bars. Otherwise it will never end.”

The most vivid evidence that Trump’s tactics have had an effect has come at the southern border with Mexico, where the number of apprehensions made by Customs and Border Patrol agents plummeted from more than 40,000 per month at the end of 2016 to just 12,193 in March, according to federal data.

[Blame game: Trump casts immigrants as dangerous criminals, but the evidence shows otherwise]

Immigrant rights advocates and restrictionist groups said there is little doubt that the Trump administration’s tough talk has had impact.

“The bottom line is that they have entirely changed the narrative around immigration,” said Doris Meissner, who served as the commissioner of the U.S. Immigration and Naturalization Service in the Clinton administration. “The result of that is that, yes, you can call it words and rhetoric, and it certainly is, but it is changing behavior. It is changing the way the United States is viewed around the world, as well as the way we’re talking about and reacting to immigration within the country.”

. . . .

“One thing this administration has done that the Democrats’ message has to recalibrate for is that it’s not credible to the American people to say enforcement plays no role in [reducing] the numbers of immigrants coming illegally,” Fresco said. “Some have tried to perpetuate a myth that it is not linked. To the extent the numbers stay low, one thing the Trump administration has been able to say that is a correct statement is that enforcement does factor into the calculus.”

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

Read the entire article at the above link. President Trump might be losing the battles, but winning the war. That, in turn, might force Democrats to revise their views on immigration enforcement as part of long-term immigration reform.

PWS

05-01-17

DR. NO? — DHS Appoints Restrictionist To “Ombudsman” Position!

https://thinkprogress.org/uscis-ombudsman-877d18a67d97

Dan Kowalski at LexisNexsis Immigration Community forwards the following item from Think Progress:

“The U.S. Department of Homeland Security is set to announce the appointment of a controversial former leader of an anti-immigrant policy center to be its ombudsman for U.S. Citizenship and Immigration Services (USCIS) on Monday, according to two sources aware of the news.

Between 2005 and 2015, Julie Kirchner worked first as its director of government relations then as executive director at the Federation for American Immigration Reform (FAIR), an organization founded by an alleged white nationalist who advocates for stricter immigration. During her time at FAIR, the organization proposed efforts to end birthright citizenshipand reduce legal immigration levels. She left FAIR in 2015 to become an immigration adviser on then-presidential candidate Donald Trump’s campaign.

Immigrant advocates are worried Kirchner’s role as ombudsman will give her direct access to include or exclude stakeholders with an immigration nexus who may shape her formal recommendations based on how the agency should exercise authority over policy implementation.

“The appointment of Kirchner to the position of CIS ombudsman is extremely troubling when you consider the fact that she spent 10 years working for FAIR, a group founded on racist principals that has spent decades demonizing and vilifying immigrants,” Heidi Beirich, the director of SPLC’s Intelligence Project, told ThinkProgress in an email.

USCIS public affairs officer Katie Tichacek told ThinkProgress the agency “does not comment on potential personnel announcements. The two people who confirmed information of Kirchner’s appointment were one current DHS employee and one former DHS employee.

Congress created the role of the USCIS ombudsman under the Homeland Security Act of 2002 as an “impartial and independent perspective” to the agency housed within DHS, according to a DHS agency website. Among tasks like meeting with external stakeholders, ombudsman are responsible for resolving problems with pending immigration cases, sharing feedback on emerging trends in migration patterns, and issuing formal recommendations and proposals to address concerns. They cannot make or change USCIS decisions.

In her 2016 annual report to Congress, former USCIS Ombudsman Maria M. Odom said engaging with external stakeholders was “integral to our full understanding of the issues and their impact on the USCIS customer.”

January Contreras, a former USCIS ombudsman between 2009 and 2012 described her role as a DHS “watchdog.” She now works as the CEO of Arizona Legal Women and Youth’s Services (ALWAYS), which provides pro bono legal services for trafficking survivors and young people.

During her time, Contreras met with a wide variety of people that spanned the immigration spectrum, including human resource and vice presidents looking to expand high-tech visas, undocumented immigrants, and former refugees who pointed out which processes they had trouble with.

“[The role] is someone who is listening outside the DHS bubble,” Contreras told ThinkProgress Friday. “My job, when I was the ombudsman, was to listen to people who were dissatisfied at what was going on at the DHS. Sometimes people would bring complaints, sometimes they would bring ideas, sometimes they were long-simmering issues and sometimes they were rather new issues.”

The Southern Poverty Law Center (SPLC) has labeled FAIR as a hate group, pointing to a series of racist memos written by the organization’s founder John Tanton warning of a “Latin onslaught.” In the past, Tanton and other supporters promoted radical population control measures like sterilizing Third World women and making wider use of an abortion pill. FAIR has received $1.5 million from the pro-eugenics organization Pioneer Fund. Tanton also founded NumbersUSA and the Center for Immigration Studies (CIS), two organizations that consulted Trump or senior administration officials during his campaign.

“At the end of the day, the ombudsman is still accountable to Congress to improve services, not restrict services,” Contreras said. “So in fact if there’s an ombudsman in place interested only in restricting immigration I hope that Congress will have some conversations, whether privately or publicly, to make sure they’re doing the job they’re hired to do.”

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

Wishful thinking on Contreras’s part, I’m afraid. With the GOP firmly in control of the political branches of Government, and Secretary Kelly proving to be a “shill” for Sessions and the restrictionists, I wouldn’t bet on any meaningful oversight of the Ombudsman position.

Quite to the contrary, I expect the Ombudsman to become an extension of the VOICE program for “victims of crime” or, perhaps, a conduit for anonymous “tips” on how to locate individuals who potentially are removable from the U.S.

PWS

04-30-17

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