“GONZO-APOCALYPTO:” The Ominous Cloud Hanging Over American Justice — In Good Friday Editorials, Both NYT & WashPost Blast Sessions’s Dark, Distorted, “Gonzo-Apocalypto” Vision Of America!

First, the Washington Post ripped Sessions’s “embarrassing” withdrawal of support from African Americans and other minorities challenging the State of Texas’s scheme to disenfranchise them. A Federal Judge has twice found in favor of the plaintiffs — once with the DOJ’s support and once without!

“BLASTING “A PATTERN of conduct unexplainable on nonracial grounds, to suppress minority voting,” U.S. District Court Judge Nelva Gonzales Ramos on Monday repudiated Texas’s voter-ID law, the strictest in the country. Asked by appeals court judges to reconsider her expansive 2014 ruling against the law using slightly different evidence, Ms. Ramos reaffirmed her previous determination that “the law places a substantial burden on the right to vote, which is hardly offset by Texas’s claimed benefits to voting integrity.” She found that racial discrimination was at least a partial motivation for the law, a step toward reestablishing federal supervision over Texas’s voting procedures, per the Voting Rights Act.

Given the ruling and the mountain of evidence, it is embarrassing that the Trump Justice Department dropped its support for the contention that the Texas voter law is purposely discriminatory.

The legal question is not close. “There has been a clear and disturbing pattern of discrimination in the name of combating voter fraud,” Ms. Ramos wrote in 2014. The only type of fraud the law could combat — voter impersonation — hardly ever happens. Meanwhile, the law’s backers knew it would disproportionately impact minority voters; in fact, they designed it so. “The Texas Legislature accepted amendments that would broaden Anglo voting and rejected amendments that would broaden minority voting,” Ms. Ramos found in her 2014 examination. Texas accepts relatively few forms of identification at the polls, and those it does accept, such as gun licenses, are those white Texans tend to hold. Unlike many voter-ID states, Texas does not relax ID rules much for the elderly or the indigent, though obtaining an accepted ID can be surprisingly time-consuming and expensive.”

Read the complete editorial here: https://www.washingtonpost.com/opinions/its-time-for-the-justice-department-to-disown-texass-discriminatory-voting-law/2017/04/13/ee63a0e0-1ef7-11e7-ad74-3a742a6e93a7_story.html

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Meanwhile, A NY Times editorial slammed Session’s disingenuous plan to make immigrants the “#1 target” of law enforcement in the “Trump era.” The emphasis is mine.

Here’s the full editorial:

Attorney General Jeff Sessions went to the border in Arizona on Tuesday and declared it a hellscape, a “ground zero” of death and violence where Americans must “take our stand” against a tide of evil flooding up from Mexico.

It was familiar Sessions-speak, about drug cartels and “transnational gangs” poisoning and raping and chopping off heads, things he said for years on the Senate floor as the gentleman from Alabama. But with a big difference:  Now he controls the machinery of federal law enforcement, and his gonzo-apocalypto vision of immigration suddenly has force and weight behind it, from the officers and prosecutors and judges who answer to him.

When Mr. Sessions got to the part about the “criminal aliens and the coyotes and the document forgers” overthrowing our immigration system, the American flag behind him had clearly heard enough — it leaned back and fell over as if in a stupor. An agent rushed to rescue it, and stood there for the rest of the speech: a human flag stand and metaphor. A guy with a uniform and gun, wrapped in Old Glory, helping to give the Trump administration’s nativist policies a patriotic sheen.

It was in the details of Mr. Sessions’s oratory that his game was exposed. He talked of cities and suburbs as immigrant-afflicted “war zones,” but the crackdown he seeks focuses overwhelmingly on nonviolent offenses, the document fraud and unauthorized entry and other misdeeds that implicate many people who fit no sane definition of brutal criminal or threat to the homeland.

The problem with Mr. Sessions’s turbocharging of the Justice Department’s efforts against what he paints as machete-wielding “depravity” is how grossly it distorts the bigger picture. It reflects his long fixation — shared by his boss, President Trump — on immigration not as an often unruly, essentially salutary force in American history, but as a dire threat. It denies the existence of millions of people who are a force for good, economic mainstays and community assets, less prone to crime than the native-born — workers, parents, children, neighbors and, above all, human beings deserving of dignity and fair treatment under the law.

Mr. Sessions is ordering his prosecutors to make immigration a priority, to consider prosecution in any case involving “transportation and harboring of aliens” and to consider felony charges for an extended menu of offenses, like trying to re-enter after deportation, “aggravated identity theft” and fraudulent marriage.

He said the government was now detaining every adult stopped at the border, and vowed to “surge” the supply of immigration judges, to increase the flow of unauthorized immigrants through the courts and out of the country. He has ordered all 94 United States attorney’s offices to designate “border security coordinators,” no matter how far from “ground zero” they are.

Mr. Sessions and the administration are being led by their bleak vision to the dark side of the law. The pieces are falling into place for the indiscriminate “deportation force” that the president promised. Mr. Sessions and the homeland security secretary, John Kelly, have attacked cities and states that decline to participate in the crackdown. Mr. Sessions has threatened these “sanctuary” locales with loss of criminal-justice funding, on the false assertion that they are defying the law. (In fact, “sanctuary” cities are upholding law and order. They recognize that enlisting state and local law enforcement for deportation undermines community trust, local policing and public safety.)

Mr. Kelly recently told a Senate committee that all unauthorized immigrants are now potential targets for arrest and deportation. And so an administration that talks about machete-waving narco killers is also busily trying to deport people like Maribel Trujillo-Diaz, of Fairfield, Ohio, the mother of four citizen children, who has no criminal record.

“Be forewarned,” Mr. Sessions said in Arizona. “This is a new era. This is the Trump era.”

Let’s talk about this era. It’s an era when the illegal border flow, particularly from Mexico, has been falling for 20 years. When many of those arriving from Central America immediately surrender to border agents — having fled to the United States to find safety, not to do it harm. When American border cities enjoy safety and vitality, thanks to immigrants. When a large portion of the unauthorized population has lived here for years, if not decades, with clean records and strong roots. When polls show that Americans back reasonable and humane immigration policies giving millions a chance to get right with the law.

President Trump has shown his mind to be a place where ideas and principles can morph without warning or explanation. It is a vacuum that allows ideologues like Mr. Sessions — who know their minds — to do their worst. On immigration, that is a frightening thing to contemplate.

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“Gonzo-Apocalypto” has to be the “word of the day.” What a perfect term to describe Jeff Sessions.

In a grotesque display of disingenuous hypocrisy, Sessions referred to “drug cartels and ‘transnational gangs’ poisoning and raping and chopping off heads.” These are exactly the things causing scared, defenseless women and children to flee for their lives from the Northern Triangle and seek refuge in the U.S. But, instead of refuge they find: well, Jeff Sessions, Donald Trump, Steve Bannon, Stephen Miller, Gen. John Kelly and others anxious to stomp out their humanity in the false name of “law enforcement.”

Turning to civil rights, I watched on the TV news last night two clips of brutal beatings and stompings of African Americans by white police officers. One victim was accused of “jaywalking”  — that’s right, “jaywalking.” The other was “driving without a license plate.” I was wondering how, after all the recent publicity, those officers could have engaged in such conduct, “on camera” no less.

Unfortunately, the answer is pretty simple “Black Lives Don’t Matter,” an attitude that obviously has just become instinctive for too many U.S. police officers. I couldn’t imagine a white pedestrian or a white motorist being treated that way in our multi-racial but predominantly white neighborhood.

Yes, the officers involved were disciplined. I believe that most or all of them were either fired, prosecuted, or both. But, that’s not the point!

The object is to prevent misuse of force by police, not to fire, prosecute, or otherwise discipline more policemen. And, prevention without compromising effectiveness of policing is exactly what the carefully crafted “consent decrees” with some problematic cities developed by the Civil Rights Division under AGs Loretta Lynch and Eric Holder achieved.

Those are the very decrees that Sessions immediately announced an intent to “review” with an obvious eye toward withdrawing or undermining them. Look at the childish behavior in the U.S. District Court in Baltimore, MD, when DOJ attorneys, acting on Sessions’s behalf, withdrew their support from the consent decree and basically refused to participate in a long-scheduled public hearing. Fortunately, the judge has the good sense to go ahead and approve and finalize the consent decree without any participation by DOJ, leading to even more childish whining from Sessions about the horrors of infringing on local law enforcement in the name of African American citizen’s constitutional rights.

The very public “green light” that Sessions has given to law enforcement to run over citizen’s rights as they please, without any fear of DOJ intervention, so long as they are “enforcing the law” — like busting jaywalkers, license plate violators, and presumably undocumented aliens — no doubt plays a role in the continuing anti-minority policing being conducted by some law enforcement agencies.

Sessions “bristles” when anyone uses the term “racist” to describe him. Sessions was given a chance to make good on his (obviously false) promise during his confirmation hearings to turn over a new leaf and look at the responsibilities of being Attorney General for all Americans differently from representing Alabama in the U.S. Senate.

Unfortunately,  his actions have proved that all of the charges his detractors made against him are as true now as they were when he was, quite properly, denied a U.S. judgeship many decades ago. If the shoe fits, wear it. And, sadly, this “shoe” fits Sessions “like a glove.” Liz was “right on.”

Finally, DHS Secretary John Kelly will see his distinguished career in public service end in ignomany if he continues “toadying up” to the ethno-nationalist views of the Sessions-Bannon-Miller crowd on immigration enforcement. Most of the arrests, deportations, detentions, denials of asylum, and removals Sessions is touting in his haste to become the new “Immigration Czar,” actually are within the jurisdiction of DHS. But, these days, you’d hardly know that Sessions isn’t in charge of DHS enforcement as well as Justice. If Kelly isn’t careful, he’s going to develop a neck injury from constantly nodding his head to every absurd “gonzo-apocalypto” immigration enforcement initiative announced by Sessions.

PWS

04-14-17

U.S. Kids Rally At White House Against Trump’s Deportation Agenda — “Don’t make us orphans in our own country!”

http://www.huffingtonpost.com/entry/immigrant-kids-white-house-protest_us_58f0069ee4b0da2ff85f9183?r9b&ncid=inblnkushpmg00000009

Michael McAuliffe reports in HuffPost:

“WASHINGTON — American children whose parents are undocumented immigrants brought a heartrending plea to the White House and President Donald Trump on Thursday: Don’t make us orphans in our own country.

The kids, among dozens who were organized by the group We Belong Together, fear that Trump’s crackdown on illegal immigration could deport their parents, even if they haven’t run afoul of the law in any other way.

Deportations dramatically increased during the Obama administration, but the focus was on immigrants who had committed serious crimes. The Trump administration’s orders stepping up enforcement include just about anyone.

Those undocumented immigrants often have American children. And they are afraid.

“I live with the fear of being separated from my mother every day,” said Leah, an 11-year-old from Miami whose mother is a domestic worker facing a deportation order.

“It is like when somebody you care about can die at any moment,” she added, standing outside the White House, accompanied by activists and other kids.  “Why can’t I just enjoy being a kid? I cannot sleep or do my homework. All I can think about is my mother being taken away from me. I am so worried about my life.”

A mom of two children who is in hiding narrowly avoided likely deportation in February, when she sought sanctuary in a Denver chuch. Jeanette Vizguerra, who has reported to Immigration and Customs Enforcement regularly for 20 years while she sought a visa to escape violence in Mexico, fled a hearing on her case when her advocates noticed a squad of police apparently ready to arrest her.

“My mom has been going through the struggle of getting threatened and us getting scared by ICE,” said her son, Roberto, 10.

I think it’s not fair for children to be living in fear or for parents not to be able to be with their children,” said her daughter, Luna, 12.

While those children and others all spoke of the worry they have of their own government, they also declared they would not relent in their bids to keep their families and other kids’ families whole.

“I want to tell Mr. Trump that he is a bully, and no matter how mean he is, and no matter how hard he tries, he will never break out spirit,” Leah said. “We are not afraid of you.”

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What kind of country makes “orphans of their own children?” What kind of national values do these “instill fear” programs represent? Whatever happened to the positive national values set forth by FDR and JFK?

Way back before there were Presidents, an inspirational leader once said:

“Suffer little children to come unto me, and forbid them not: for of such is the kingdom of God.”

Luke 18:16

Not a bad thing to think about on Good Friday and over Easter weekend.

Sadly, some of today’s leaders seem to have shifted the message to “let me make the little children suffer.” Wonder what He would have thought about that?

PWS

04-14-17

HUFFPOST POLITICS: Despite Bannon’s Apparently Waning Influence, “Turbocharged” Sessions Will Keep “Ethno-Nationalist Agenda” Rolling At Full Speed At DOJ! Bad News For Immigrants, African-Americans, Refugees, Muslims, LBGT Individuals, Forensic Science, Innocent Defendants, Minor Offenders, Taxpayers, The U.S. Constitution, Many Women, & Social Justice In America!

http://www.huffingtonpost.com/entry/jeff-sessions-steve-bannon_us_58efb376e4b0bb9638e23542

Paul Blumenthal writes:

“No matter what Bannon’s fate, however, his strand of ethno-nationalism will live on in the Trump Justice Department under Attorney General Jeff Sessions. The 70-year-old former Alabama senator has already set the Justice Department on a new path by targeting immigrants, reining in police department reform efforts and curtailing efforts to protect voting rights.

“While many are focused on how Bannon is losing influence in the White House, those concerned with immigrant justice ― and I suspect those concerned with racial justice, police reform and voting rights, too ― are focused on the rise of a turbocharged Sessions,” Frank Sharry, executive director of the pro-immigration reform group America’s Voice, said in an email to HuffPost.

Bannon and Sessions share a long history of mutual support and policy agreement. They spent months together with Stephen Miller, a former Sessions aide who now works in the White House, plotting strategy on how to enact their shared agenda of limiting immigration to the U.S. in order to maintain a European and Christian identity. In 2016, Bannon declared Sessions “one of the intellectual, moral leaders of this populist, nationalist movement in this country.” After both moved to Trump’s administration, Bannon called Sessions the White House “clearinghouse for policy and philosophy.” Like Bannon, Sessions declares his policy objective as defeating “soulless globalism.”

. . . .

In another appearance on Bannon’s radio show, Sessions endorsed the Immigration Act of 1924, which specifically limited immigration based on race and religion, in the context of current immigration trends. “In seven years, we’ll have the highest percentage of Americans, non-native born, since the founding of the Republic,” Sessions said, while praising the 1924 law that was used to prevent Jewish immigration before and during the Holocaust.

Like Bannon, Sessions believes immigration from Middle Eastern countries poses a national security risk. He agrees that Western leaders have failed to protect their Judeo-Christian heritage by opening the door to refugees.

In one radio interview, after Bannon compared the migration of Syrian refugees to an infamous racist French book, he asked Sessions.: “Do you believe the elites in this country have the backbone, have the belief in the underlying principles of the Judeo-Christian West to actually win this war?”

“I’m worried about that,” Sessions replied.

The two nationalist Trump supporters share more than immigration policy preferences. The reversal of police reform efforts and reinvigoration of the War on Drugs pushed by Sessions as attorney general fits with Bannon’s efforts at Breitbart to label Black Lives Matter protesters as racists, while perpetuating racist stereotypes of African Americans through the site’s Black Crime section.”

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For those who hoped that President Trump’s sudden shift to more “centrist” positions on trade and foreign policy might carry over into immigration policy, dream on! Bannon might be “on the ropes,” but Sessions and Stephen Miller still have the President’s ear on their restrictionist, nationalist positions on immigration.

While badly needed, reasonable bipartisan immigration reform would be within Trump’s reach, that’s not going to happen. Buoyed by the immediate decrease in Southern Border apprehensions, Trump, Sessions, and MIller (Gen. Kelly appears to gone AWOL on immigration policy — he just parrots what Sessions and the nationalist restrictionists tell him — his stature as former General with integrity shrinks every day) intend to arrest, detain, deport, and threaten unless and until the Article III Courts stop them. And whether that will happen is still an open question.

Liz was right!

PWS

04-13-17

 

REUTERS: Has Trump Won The Border War Without Firing A Shot? — Is Discouraging Women & Children Threatened In The Northern Triangle From Seeking Refuge In The U.S. Something Of Which We Should be Proud?

http://www.reuters.com/article/us-usa-immigration-mothers-insight-idUSKBN17F23M?feedType=RSS&feedName=topNews&utm_source=twitter&utm_medium=Social

Julia Edwards Ainsley reports:

“President Donald Trump has won the first major battle in his war on illegal immigration, and he did it without building his wall.

The victory was announced last week by the Department of Homeland Security (DHS), which released figures showing a 93 percent drop since December of parents and children caught trying to cross the Mexico border illegally.

In December, 16,000 parents and children were apprehended; in March, a month in which immigration typically increases because of temperate weather, the number was just over 1,100.

It was a remarkable decline – steeper than the 72 percent drop in overall apprehensions – but for eight DHS officials interviewed by Reuters it was not surprising.

Trump has spoken about the need to crack down broadly on all illegal immigrants. But, internally, according to the DHS officials familiar with the department’s strategy, his administration has focused on one immigrant group more than others: women with children, the fastest growing demographic of illegal immigrants. This planning has not been previously reported.

In the months since Trump’s inauguration, DHS has rolled out a range of policies aimed at discouraging women from attempting to cross the border, including tougher initial hurdles for asylum claims and the threat of prosecuting parents if they hire smugglers to get their families across the border.

The department has also floated proposals such as separating women and children at the border.

DHS Secretary John Kelly told a Senate hearing on April 5 that the sharp drop in illegal immigration, especially among women and children, was due to Trump’s tough policies.

To date, it has been the threat of new policies rather than their implementation that has suppressed family migration.

Mothers and children aren’t being separated – and DHS has shelved the plan; parents haven’t been prosecuted, and there is no wall along most of the border. Yet the number of migrants trying to cross – especially women and children – has dropped drastically.

Asked to comment on the policy of targeting women with children, DHS spokesman Jonathan Hoffman referenced the March drop, saying, “Those were 15,000 women and children who did not put themselves at risk of death and assault from smugglers to make the trip north.”

The White House declined to comment and referred Reuters to DHS.

For months, Central Americans had heard about Trump’s get-tough policies. And public service announcements on radio and television presented bleak pictures of what awaited those who traveled north. Some of the ads were funded by the United States, others by United Nations agencies and regional governments.

One radio ad in Honduras featured a mother, saying, “It’s been a year and I don’t know if she is alive or dead. I’d do anything to have her here with me. Curse the day I sent her north.”

The possibility that mothers and children might be separated at the border caused particular alarm, Honduran Deputy Foreign Minister Maria Andrea Matamoros told Reuters

“That worries any mother that wants to go to the United States with their kid, and being separated drastically changes their plans,” she said.

. . . .

After Kelly’s confirmation as Homeland Security chief in late January, several members of the original working group stepped into key roles at DHS. Gene Hamilton, who had worked for then Republican Senator Jeff Sessions, became senior counselor to Kelly, and Dimple Shah, who had been staff director of the House National Security Subcommittee, became deputy general counsel.

Kathy Nuebel-Kovarik, formerly a staffer for Republican Senator Chuck Grassley, became policy chief at U.S. Citizenship and Immigration Services. Julie Kirchner left her position as executive director of the conservative Federation for American Immigration Reform to become a top policy adviser at U.S. Customs and Border Protection.

None of the group’s members agreed to be interviewed by Reuters. Several DHS officials said that in their new roles they continued to focus on the issue of women and child migrants. Soon, they had the bare bones of a plan: Since the court ruling on children was an obstacle to prolonged detention, why not separate them from their mothers, sending children into foster care or protective federal custody while their mothers remained in detention centers, the two DHS officials and congressional aide said.

The group also advocated two other policies directly affecting mothers and children: raising the bar for asylum and prosecuting parents as human traffickers if they hired human smugglers.

The thinking was that “if they can just implement tough policies for eight weeks – or even threaten to do that – they would see the numbers of families crossing just plummet,” said one DHS official familiar with the planning.

. . . .

When Kelly and his advisers saw the numbers dropping, they announced they were shelving the idea of separating women and children – at least for now.

Asked whether it may be revived, DHS spokeswoman Jenny Burke said, “Families caught crossing the border illegally, generally will not be separated unless the situation at the time requires it.”

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Time will tell if this really solves the “Southern Border Problem.” It would be interesting to see a study of the fate of the individuals who stayed in the Northern Triangle after hearing the “stay home, we don’t want you” message.

This “gang of eight” working group sounds like they have the “right stuff” to go far in the Trump-Sessions regime. And, their solution was probably cheaper than the “high seas interdiction” program developed and used by prior Administrations to prevent asylum seekers from reaching the United States and asserting their legal rights under U.S. and international law.

I wake up every morning thankful that 1) I woke up, and 2) I’m not a refugee. Wonder if any of the “gang of eight” have ever thought of what it would be like to be a refugee in the world they are creating? But, I suppose that at a certain level of intellectual arrogance, folks don’t think that they will ever have to rely on the the humanity and decency of others to survive. The bad news: that’s not always a correct assumption, and sometimes folks reap what they sow.

PWS

04-13-17

 

 

IT’S TRUE! — DOJ Eliminates U.S. Immigration Judges’ Only Annual Training! — Quality & Professionalism “De-Prioritized” In Trump Era — Billions For Enforcement & Incarceration — Crumbs For Due Process — When Is Congress Going To “Just Say No?”

Reliable sources have now confirmed what I reported in this blog earlier this week (http://wp.me/p8eeJm-Ge): the DOJ has eliminated the U.S. Immigration Court’s only formal annual training. U.S. Immigration Judges have been ordered to schedule cases during the week normally reserved for advanced training, continuing judicial education, and professional development.

This news couldn’t come at a worse time for the beleaguered U.S. Immigration Courts. Dozens of new U.S. Immigration Judges have been appointed in the last year, most of whom have never met their judicial colleagues across the nation.

Moreover, this would be their only opportunity beyond some brief “basic training” to pursue continuing judicial education in this complex, controversial, and ever-changing field. It’s also an opportunity to “catch jump” on what all the Circuit Courts of Appeals are doing, as well as to hear from BIA Appellate Immigration Judges about developments at the Board. Additionally, it is a key opportunity to address the disturbing, continuing problem of inexplicable discrepancies in asylum adjudication (84% grant rate in one Immigration Court; 2% grant rate in another) within the Immigration Court system.

Some of the training at the Annual Conference is statutorily required, such as updates under the International Religious Freedom Act, which, perhaps ironically, often highlights the persecution faced by Christian groups in China and the Middle East, a subject on which the Administration has expressed concern. Other sessions cover ethics training required by DOJ regulations.

In addition, the DOJ considers U.S. Immigration Judges to be “DOJ attorneys.” As a consequence, judges are required to maintain “active” status in at least one state bar, even though they perform only quasi-judicial duties and therefore would be eligible for “active judicial status” in many states.

The Annual Conference usually meets the “mandatory CLE” requirements of various state bars. But, when there is no Annual Conference, individual judges must take leave from the bench to complete the coursework required by their respective state bars. Therefore, Immigration Judges are off the bench learning about state real estate transactions and changes in tort law, when they could instead be advancing their knowledge in immigration and refugee law as well as “best judicial practices” in Federal Courts.

I get frequent reports of cratering morale among Immigration Judges and court staff, increases in the already extraordinary levels of stress, and impending retirements of some of the best and most experienced judges. Some Immigration Judges returning from details to hastily thrown together so-called “Immigration Courts” in DHS detention centers were shocked, upset, and angered to see with their own eyes that individuals with viable claims for relief, most of them asylum or related protection, were being “duressed” by the coercive conditions and atmosphere in DHS detention to abandon their claims and take “final orders of removal,” just to be out of detention. And, the Administration is just getting started on its plans for “Incarceration Nation.”

Lawyers report that they show up at Immigration Court with clients and witness in tow prepared for merits cases which have been pending for years, only to find out that the cases have been rescheduled to a dates several more years in the future, without advance notice, so that the Immigration Judges can be detailed to a detention centers in other parts of the country.

When is Congress finally going to step in and provide some meaningful oversight of the unfolding due process disaster in U.S. Immigration Courts? Regardless of where one stands on the philosophical issues surrounding immigration enforcement, providing due process and complying with constitutional, statutory, and international treaty obligations, including reasonable access to counsel (which is not available in most DHS detention center locations), should be a bipartisan priority.

Isn’t it time for a bipartisan group of GOP legislators concerned about the billions of dollars being mindlessly poured into immigration enforcement and Democrats who are concerned about due process getting together and holding the Trump Administration accountable for what’s really happening in our Immigration Courts?

PWS

04-13-17

 

Nobel Peace Prize Winner Malala Urges Trump To Visit Refugee Camps!

http://www.huffingtonpost.com/entry/malala-yousafzai-donald-trump-refugee-camps_us_58ecde9fe4b0c89f91217965

Hayley Miller reports in HuffPost:

“Nobel Peace Prize winner Malala Yousafzai has an urgent message for President Donald Trump: Visit refugee camps.

“President Trump needs to go and see refugee children,” Yousafzai said in an interview with “CBS This Morning” scheduled to air Wednesday. “He needs to go and visit the refugee camps. He needs to know what the real life is like in a refugee camp.”

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Sounds like a good plan. Perhaps he could at least send Jared!

PWS

04/13/17

 

 

 

DUE PROCESS CRISIS IN THE U.S. IMMIGRATION COURTS: New Report Finds That Detained Migrants In The Arlington & Baltimore Courts Face Severe Access To Counsel Problems Which Can Be “Outcome Determinative!”

https://populardemocracy.org/sites/default/files/DC_Access_to_Counsel_rev4_033117 (1).pdf

This report (see link) was prepared and issued by the Center For Popular Democracy. Here are some key findings:

  • Every year, nearly 4,000 people in Washington, D.C. metropolitan area courts, Arlington, Virginia, and Baltimore, Maryland, face deportation in civil immigration court without the assistance of a lawyer. Based on original data analysis of Department of Justice records obtained through a Freedom of Information Act request, seven out of ten detained individuals in immigration court removal proceedings in Arlington, VA and eight out of ten in Baltimore, MD did not have any legal representation.
    • ■  People without lawyers faced enormous odds in fighting their deportation cases. Among detained immigrants without lawyers, people in Arlington were only successful in their cases 11 percent of the time and unrepresented people in Baltimore only successful 7 percent of the time.
    • ■  Having a lawyer in Arlington more than doubled a person’s chances of being able to remain in the U.S. and quadrupled a person’s chance of obtaining relief in Baltimore.
  • ■  Between 2010 and 2015, Immigration and Customs Enforcement (ICE) detained nearly 15,000 people in local and county jails2 throughout the states of Maryland and Virginia. In both regions, people who did not have lawyers were more than twice as likely to remain detained during the entirety of their immigration case, even if they may have been eligible for release on bond.
  • **************************************

Read the entire report which has some case histories in addition to charts and graphs.

The findings are disturbing because the Arlington and Baltimore Immigration Courts generally are considered among the best in the nation in striving to provide due process. The judges in each court are committed to representation and often go out of their way to encourage and facilitate the appearance of counsel. The ICE Chief Counsel’s Offices also appreciate and support pro bono representation.

Additionally, as noted in the report, the DC-Baltimore metropolitan area has a number of great organizations dedicated to providing pro bono lawyers, as well as local practitioners, “big law” firms, and numerous outstanding law school clinics, all of which support the pro bono program.

Yet even under these generally favorable conditions, the overwhelming majority of individuals on the detained dockets in both courts appear pro se, without a lawyer. And, the results with a lawyer are very significantly better than for those forced to represent themselves.

I fear that the new program of expanded immigration detention being planned by DHS, with courts operating in obscure, out of the way locations along the Southern Border, will further impede already limited access to counsel and therefore further degrade due process in our U.S. Immigration Courts.

Frankly, I have not seen any mention of the importance of due process or facilitating access to counsel in any of the many Trump Administration pronouncements on immigration. It’s all about enforcement, detention, removals, and prosecutions. Fairness and due process, which should always be paramount concerns, appear to be ignored.

In the end, it likely will be up to the already overworked and stressed pro bono bar, human rights groups, and community-based NGOs to enforce immigrants’ rights to counsel and to full due process. And, ultimately, that’s probably going to require litigation and intervention by the Article III Courts.

Thanks to Adina Appelbaum, who worked on this report, for bringing it to my attention.

PWS

04/13/17

 

POLITICO: Immigration Advocates Find Area Of Agreement With AG Sessions: Plan To Boost Troubled Immigration Courts — But, Concerns Remain That Judicial Hiring Could Again Be Politicized — Those Who Care About Due Process Should Carefully Watch The Results Of The “Streamlined” Judicial Vetting System!

http://www.politico.com/agenda/story/2017/04/the-one-area-jeff-sessions-and-immigration-advocates-agree-000411

Danny Vinik reports:

“Attorney General Jeff Sessions directed attorneys from the Department of Justice on Tuesday to increase the enforcement of U.S. immigration laws, including laws against unlawful entry, human smuggling and identity fraud. It was yet another escalation of the Trump administration’s crackdown on undocumented immigrants, and immigrant-rights groups blasted the policy changes as ineffective and potentially illegal.

For all their opposition to the Trump administration’s immigration agenda, though, advocates actually back one of the new policies: the increased support for the immigration courts.

Sessions announced that DOJ will seek to add 75 immigration judges to the courts over the next year and will implement reforms to speed up the hiring process. These changes address a real problem with the immigration system—a nearly 600,000-case backlog at the immigration courts—and the move was a rare occasion in which advocates applauded the administration, though they were concerned how Sessions would implement the changes.

“We are very happy at the notion of increasing the amount of immigration judges and being able to address the backlog,” said Jennifer Quigley, an immigration expert at Human Rights First. “But as a senator and now as AG, we’ve always had concerns that Sessions’ motivation is to increase the number of deportations.”

. . . .

Experts largely blame Congress for the backlog, since lawmakers significantly increased resources for immigration enforcement without a commensurate increase in funding for the immigration courts. But in recent years, Congress has increased the number of authorized immigration judges, most recently in 2016 when it provide funding for an additional 55 judges, raising the authorized number from 319 to 374. However, even with enough money, EOIR has struggled to quickly hire judges, as the hiring process can take more than a year and retirements have created additional openings. Currently, there are 312 immigration judges nationwide, a significant increase over a year ago but still far below authorized levels. Trump’s budget blueprint proposed funding 449 judges in fiscal 2018, a significant increase that could find bipartisan support on Capitol Hill.

More important than the request for additional judges, however, may be the hiring reforms. EOIR and DOJ both declined to comment on how the Justice Department was reforming the hiring process for immigration judges. Speaking to border patrol personnel at the U.S.-Mexico border Tuesday, Sessions provided few details. “Today, I have implemented a new, streamlined hiring plan,” he said. “It requires just as much vetting as before, but reduces the timeline, reflecting the dire need to reduce the backlogs in our immigration courts.”

Advocates worry that the hiring process could become politicized, with judges brought on who want to implement specific policies instead of fairly enforcing the law. “The idea of onboarding judges quicker and having more judges is a great thing,” said Joshua Breisblatt, a policy analyst at the American Immigration Council. “But we need to see what it looks like, that it won’t be political.” The language in the budget blueprint was particularly concerning, advocates said, because it seemed to indicate that the courts are a tool for increasing deportations rather than a neutral arbiter of immigration claims.

“We were not happy with the way it was framed,” said Quigley.

It’s not an unrealistic concern. Immigration judges are technically employees of the Department of Justice, a structure that inherently creates a conflict of interest, since their job is to rule on immigration cases that are pushed by DOJ prosecutors, whereas most of the judiciary is independent. Advocates and the immigration judges union have long pushed to remove the immigration courts from the DOJ. And during the Bush administration, a DOJ investigation found that several immigration judges received their jobs due to their political connections, a scandal that serves as a warning today.

Despite those concerns, experts hope that Sessions and EOIR will undertake the hiring process in a timely and impartial manner, filling the bench with qualified judges who have enough time to understand the cases before them. As Sandweg said, “It’s something that’s long overdue.” In such a world, the additional judges could reduce the backlog, increasing the number of deportations, while spending more time on complicated asylum cases, giving asylum seekers more time to fairly present their cases and receive careful consideration.

In such a world, it’s possible that both the Trump administration and advocates could come out happy—a scenario almost impossible to imagine today.”

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

Sessions is certainly right to address the ridiculous 18-24 month hiring cycle for U.S. Immigration Judges, and should get credit for making reform one of his top priorities. He also should be credited with focusing attention on the 542,000 case backlog, something that the Obama Administration seemed to have preferred to ignore as it mushroomed in front of their eyes. (As I said in this blog yesterday, I’m not convinced that even the 125 additional Immigration Judges proposed by Sessions over the next two years will effectively address a pending docket of that magnitude: http://wp.me/p8eeJm-FQ. But, it’s a start.)

However, the devil is in the details. And, the details of Session’s “streamlined judicial hiring” have not been made public, although the Attorney General said they were “implemented” on April 11.

Remarkably, I have learned that as of today, April 12, both EOIR Management and the union representing U.S. Immigration Judges (of which I am a retired member) were “totally in the dark” about the contents of the plan. That means it was “hatched’ at the DOJ without any meaningful input from those in the U.S. Immigration Court system or the court’s “stakeholders” — those representing the interests of the hundred of thousands of individuals with cases currently before the court or who might come before the court in the future. That’s troubling. It also appears that members of Congress had not been briefed on the hiring changes.

What’s even more troubling is that it’s not just about the inexcusably slow and bureaucratic hiring practices of the DOJ and EOIR. It’s also about results. During the Obama Administration, although officials claimed that the system was “merit-based” the results suggest that it was anything but.

According to informed sources who have done the math, an amazing 88% of those selected were from government backgrounds and 64% were from ICE, which prosecutes cases before the Immigration Court. I have had reports of numerous superbly qualified individuals from the private sector whose applications were rejected or put on indefinite hold without any explanation.

So, it looks like the many-layered, glacially slow, inefficient, overly bureaucratized process used by the DOJ and EOIR was actually an elaborate “smokescreen” for a system that was heavily weighted toward selecting “government insiders” and against selecting those who had gained experience by representing immigrants or advocating for their rights. The “Appellate Division” of the U.S. Immigration Court, the BIA — which is supposed to be the “top administrative court” in immigration — hasn’t had a judge appointed from outside the Government since 2000, more than 16 years and two full administrations ago!

Based on performance to date, I’m not particularly optimistic that AG Jeff Sessions is going to make the changes necessary to establish a true merit-based system for Immigration Judge hiring that, in turn, will create an immigration judiciary representing more diverse backgrounds and experiences. But, hope springs eternal, and I’d be happy if he proves my skepticism to be wrong.

Only time will tell. But, the quality and composition of the “Sessions era” immigration judiciary is something that everyone who cares about due process and justice in America should watch closely.

PWS

04/12/17

 

REUTERS: “Aimless Docket Reshuffling” (“ADR”) Confirmed — “Detailed” U.S. Immigration Judges Pulled From Two Border Courts For Lack Of Cases — Meanwhile, “Home” Dockets Spiral Out Of Control — Mixed Up Priorities, Poor Planning, Political Interference Waste Taxpayer’s Money, Inconvenience Public, Deny Due Process, As DOJ’s Mismanagement Of U.S. Immigration Courts Continues Under Sessions — 2 Judges, 3 Weeks, 4 Total Cases, As Backlog Hits 542,000!

http://www.reuters.com/article/us-usa-immigration-judges-idUSKBN17D2SI

Julia Edwards Ainsley and Kristina Cooke report in Reuters:

“Two U.S. immigration judges recently sent to the Mexico border to process asylum requests from migrant women and children are being recalled as they have so few cases to hear, according to two people familiar with the matter.

The dearth of cases at two Texas facilities where the judges are based can be traced to a sharp drop in illegal border crossings by women and children since U.S. President Donald Trump took office in January.

Eight immigration judges were reassigned from their regular courts to detention centers at the border beginning on March 20 as part of Trump’s executive order to curb illegal immigration.

Six of the judges have had full dockets, handling dozens of cases per week. But the two at detention centers housing women and children in Dilley and Karnes County, Texas had so few cases their presence was deemed a waste of resources by the U.S. Department of Justice, according to one of the sources.

The Department of Justice did not immediately respond to a request for comment.

The number of parents and children apprehended at the U.S. Mexico border in March dropped to just over 1,000, a 93 percent fall from December, the Department of Homeland Security reported last week.

The decline follows Trump’s harsh rhetoric on illegal immigration and policies which classify almost all illegal migrants as subject to deportation.

The judges were deployed to the border in an effort to quickly hear the claims of migrants seeking asylum so that those deemed ineligible could be deported.

In more than three weeks at the border, the judge in Dilley had no hearings and the judge in Karnes County had four, according to a spokeswoman for the U.S. Department of Justice’s Executive Office of Immigration Review. [emphasis added].

. . . .

The judges deployed to the border left behind scheduled hearings in their home courts. As of early March, immigration courts were weighed down by a record backlog of more than 542,000 cases.”

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

Haste makes waste. Meddling by political officials with no understanding of how the Immigration Court system works and who are not committed to due process and fairness as “mission one” has no place in our U.S. Immigration Court system, or indeed in our American system of justice. America needs an independent Article I Immigration Court now!

To further illustrate how money is being misdirected and due process undermined by the DOJ’s mal-administration of the U.S. Immigration Courts, I have heard “rumors” from several sources that the annual U.S. Immigration Judge Training Conference will be cancelled this year. This is despite some obvious quality control issues, such as gross disparities in asylum grant rates and and a gradual uptick in critical comments about the legal and factual quality of decisions by both trial and appellate judges made by some U.S. Courts of Appeals as they review removal orders. Moreover, with dozens of newly-hired Immigration Judges on board who have never attended a national training conference, there has never been a more critical time for effective, in-person training. While money is being poured down the drain on expensive, unneeded, and inappropriate details of judges, the real needs of the court system are going unmet by the DOJ.

PWS

04/12/17

 

RELIGION/POLITICS/REFUGEES: Pope Francis Puts Migrants’ Lives First — World’s Top Catholic Stands Tall Against Those Who Would Shun Most Vulnerable — Pence’s Values Might Bar Meeting With Women, But Haven’t Stopped Him From Supporting Policies That Hurt Refugees, Migrants, Transgender Children, Gays, The Sick, The Poor, The Starving, Many Women & Almost All Other Vulnerable People! Big Time Disconnect!

https://www.washingtonpost.com/world/europe/how-pope-francis-is-leading-the-catholic-church-against-anti-migrant-populism/2017/04/10/d3ca5832-1966-11e7-8598-9a99da559f9e_story.html?hpid=hp_rhp-more-top-stories_no-name%3Ahomepage%2Fstory&utm_term=.1dbd72f3d9a0

Anthony Faiola and Sarah Pulliam Bailey report in the Washington Post:

“VATICAN CITY — As politicians around the world including President Trump take an increasingly hard line on immigration, a powerful force is rallying to the side of migrants: the Roman Catholic Church led by Pope Francis.

Catholic cardinals, bishops and priests are emerging as some of the most influential opponents of immigration crackdowns backed by right-wing populists in the United States and Europe. The moves come as Francis, who has put migrants at the top of his agenda, appears to be leading by example, emphasizing his support for their rights in sermons, speeches and deeds.

The pro-migrant drive risks dividing Catholics — many of whom in the United States voted for Trump. Some observers say it is also inserting the church into politics in a manner recalling the heady days of Pope John Paul II, who stared down communism and declared his opposition to the 1991 Persian Gulf War. The Vatican is standing in open opposition to politicians like Trump not just on immigration but also on other issues, including climate-change policy.

But the focal point is clearly migrant rights.
In the United States, individual bishops, especially those appointed by Francis, have sharply criticized Trump’s migrant policies since his election. They include Newark Cardinal Joseph W. Tobin, who last month co-led a rally in support of a Mexican man fighting deportation. Tobin has decried Trump’s executive orders on immigration, calling them the “opposite of what it means to be an American.”

In Los Angeles, Archbishop José H. Gomez, the first Mexican American vice president of the United States Conference of Catholic Bishops, which leads the U.S. church, described migrant rights as the bishops’ most important issue. He has delivered blistering critiques of Trump’s policies, and instructed his clerics to distribute cards in English, Spanish, Korean and Vietnamese informing migrants of their rights in 300 parishes .
Chicago Cardinal Blase J. Cupich, one of Francis’s closest allies in the U.S. church, has issued orders that if federal immigration authorities should attempt to enter churches without a warrant in search of migrants, priests should turn them away and call the archdiocese’s lawyers. Catholic school principals were given the same instructions by the archdiocese, which Cupich said was an attempt to respond in a way that was firm “but not extreme.”

He said Francis has helped bishops shape their response.

“The pope makes it a lot easier for me to be a bishop because he’s very clear in his teaching, and [on] this one in particular, he’s trying to awaken the conscience of the citizens of the world,” Cupich said.

Francis has long been an advocate of migrants — kicking off his papacy in 2013 with a trip to an Italian island used as a waypoint for migrants desperate to enter Europe. In a highly public spat early last year, Francis and Trump exchanged barbs — with Francis declaring that anyone who wants to build walls “is not Christian.”

. . . .

Those who have the pope’s ear say Francis is seeking to counter anti-migrant policies by appealing directly to voters.

“I don’t think the pope is challenging [the politicians]. I think he is challenging their supporters, both those who actively support them and those who passively allow their policies to happen,” said the Rev. Michael Czerny, undersecretary of the Vatican’s new Section for Refugees and Migrants, which opened in January, just before Trump took office. Czerny reports directly to the pope — a sign of the importance of the new office.

“Mr. Trump or Ms. Le Pen are not the root of the problem,” Czerny continued. “The root of the problem is the fear, selfishness and shortsightedness that motivate people to support them.”

. . . .

He [William E. Lori, Archbishop of Baltimore] added that previous popes have taken similar positions as Francis on immigration. But, Lori added, Francis is “perhaps more dramatic.” His trips, such as his 2016 visit to the U.S.-Mexico border, also connected his stance on migrants to politics.
“The poor is the hallmark of his papacy,” Lori said. “It will affect our priorities and it should.”

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

Meanwhile, Carla Gardina Pestana writes about “Arrogant Christians in the White House” in HuffPost:

“Mike Pence, the fundamentalist Christian whose views are so extreme that he cannot be alone with a woman other than his wife, and Donald Trump, who brags about sexually assaulting women and famously stumbled over an attempt to quote a biblical passage while on the campaign trail, seem to hold wildly divergent religious views. Yet both adhere to variations of Christianity inflected with arrogance. Together they represent two troubling trends in American Christianity, trends which appear to prove all the complaints secular liberals ever leveled against Christians.

Pence adheres to biblical literalism. Put simply, this view asserts that the Bible is a transparent document, one that prescribes specific behavioral guidelines. Glossing over the fact that the Bible is a complex text built of ancient fragments brought together by human hands, that it does not speak directly to many modern issues, and that even on its own terms it encompasses numerous contradictions, these Christians confidently declare that the Bible provides clear guidance for every Christian. Literalists arrived at this position only relatively late in Christian history, in response to various challenges from many quarters, including biblical scholarship, advances in science, and a rise in unbelief. Cutting through the complexities and the need to make choices, literalists declared all choice to be false and all discussion to be error. It was a comforting if simplistic and authoritarian solution to the problem of uncertainty.

Its arrogance lies in the hubris of those who believe that only their chosen answers are correct. Its potential to harm others comes when adherents gain political power and force their mandates on nonbelievers. One of the many dangers emanating out of the Trump White House is the power of Pence to impose not his religion but the behaviors his religion dictates onto the rest of us. Women’s rights and gender equality are on Pence’s hit list.

Trump’s religion, although very different, is similarly alarming. Unsurprisingly Trump accepts a religious viewpoint that tells him he is uniquely awesome. Whatever he has—however he acquired it—God wants him to enjoy to the fullest. Although traditional Christian social practice mandates that believers exercise humility, charity and other virtues that put others before self, Trump’s faith rejects all curbs on self-indulgence and self-aggrandizement. This religious position, known as Prosperity Theology, is newer than Pence’s literalism. It preaches that God wants the rich to be not only rich but selfish. Its attraction to a man like Trump—born to wealth, selfishly guided by his own desires, endlessly demanding that others adore him but never judge him—is transparent.

. . . .

Pence’s arrogance leads him to believe that he knows exactly what God wants us all to do and that he ought to force that on us if he has the power to do so. Trump’s faith simply endorses his own self-regard, elevating his personal whims to God’s desires. The political marriage of the two men is obviously one of expedience, given the great disparities in their beliefs and goals. Yet between them, they can do a great deal of damage. Arrogant self-righteousness and egotistical self-regard together wield power over the rest of us.

Little wonder that the pope has been modeling Christian humility and singing the praises of Christian charity, or that the supporters of these two find his lessons in what it means to be a Christian so infuriating.”

Read the complete article here: http://www.huffingtonpost.com/entry/arrogant-christians-in-the-white-house_us_58e94a6fe4b06f8c18beec89?

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

Also, Allen Clifton writing in Forward Progressives quotes the views of Pastor John Pavlovitz taking Trump and the GOP to task for hypocricy on Syrian refugees, a point that has been noted several times previously in this blog: 

“There are many things concerning Donald Trump that completely baffle me, but the fact that he’s strongly and enthusiastically supported by a party that comically portrays itself as representatives for “the Christian moral majority” is right near the top of my list. Of all the major candidates who ran for president from either party, Trump was, without a doubt, the least Christian of any of them. I haven’t viewed Republicans as actual Christians for years, but Trump’s rise to the top of the GOP cemented the fact that there’s nothing Christian about the Republican Party.
A great example of what I’m talking about is Trump and the GOP’s take on refusing to accept Syrian refugees. Innocent, desperate people, many of whom are women and children, fleeing a war-torn country hoping to escape a brutal dictator who, once again, just used chemical weapons against his own people. Not only have Trump and his fellow Republicans blatantly vilified these poor people as a means of pandering to the bigotry that fuels their party, but they continually lied about the process refugees must endure before ever stepping foot on U.S. soil.
If you listen to Trump talk about the vetting process, he essentially said we never had one — which is an outright lie. Every refugee allowed into the United States endures a rigorous process that usually takes between 18-24 months to complete and these refugees never know where they’re actually going to end up. So it’s not as if some “undercover terrorist” can pose as a refugee, say they want to go to America, and they’re here in two weeks.
Nevertheless, it’s undeniable that Trump and the GOP have gone out of their way to demonize these poor people for political purposes.

That made it rather nauseating to watch Trump claim that the images of the victims of the most recent chemical weapons attack launched by Assad are what “moved” him to take action by ordering last week’s airstrike. Nothing like selling yourself as the party of “Christian values,” while vilifying and rejecting refugees, then claiming that the images of victims of a horrific chemical attack “moved you” — not to do everything you can to help people who need it — but to fire 59 Tomahawk missiles at an airbase that was up-and-running within a few hours of the attack.

I’m sorry, but you can’t claim you’re “moved” by the sickening images of what’s going on in Syria when your administration’s policy is to reject helping thousands of refugees desperately trying to flee the carnage that’s plagued that nation for over six years now.

That’s also along the lines of what North Carolina Pastor John Pavlovitz said in a recent blog post:
‘This is the human collateral damage of what Donald Trump’s been selling for 16 months now. It is the cost in actual vibrant, beautiful lives, of the kind of incendiary rhetoric and alternative facts and Fox News truths that you’ve been fine with up until now. This is what you bought and paid for. Maybe not something this sadistic or explicitly grotesque, but the heart is the same: contempt for life that looks different and a desire to rid yourself of it.
I want to believe that you’re truly outraged, but honestly your resume is less than convincing.
Honestly, you didn’t seem all that broken up when Muslim families were handcuffed in airports a couple of months ago, or when mosques were being defaced, or when many of us were pleading the case for families fleeing exactlythe kind of monstrous atrocities you were apparently so moved by this week—and getting told to eat our bleeding hearts out by MAGA hat-wearing trolls. You weren’t all that concerned when your President told terrified, exhausted refugees to leave and go home—twice.'”

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

Matthew 25:

44And they too will reply, ‘Lord, when did we see You hungry or thirsty or a stranger or naked or sick or in prison, and did not minister to You?’ 45Then the King will answer, ‘Truly I tell you, whatever you did not do for one of the least of these, you did not do for Me.’ 46And they will go away into eternal punishment, but the righteous into eternal life.”…

PWS

04-11-17

 

“THE GIBSON REPORT” — From “Rolling Stone” To The “Ft. Worth Star Telegram” — Immigration Links For All!

GibsonRpt041017

For those who don’t know her, the amazing Elizabeth Gibson is one of my all-star Georgetown Law Refugee Law & Policy students, a distinguished alum of the Arlington Immigration Court intern program, and a former Judicial Law Clerk at the New York Immigration Court. She now works as an Immigrant Justice Corps Fellow/Staff Attorney with the Immigrant Protection Unit at the New York Legal Assistance Group.

Elizabeth was good enough to make her weekly news link update for April 10, 2017 available to us. In reformatting it for the blog, I might have lost the “connectivity” for several links. However, I’m sure you will find it an amazing resource. Great job Elizabeth! Thanks for all you do!

PWS

04-10-17

IMMIGRATIONPROF BLOG: Three Cheers For NY! — State Becomes First To Guarantee Representation For All Detained Immigrants!

http://lawprofessors.typepad.com/immigration/2017/04/new-york-state-becomes-first-in-the-nation-to-provide-lawyers-for-all-immigrants-detained-and-facing.html

Dean Kevin Johnson writes:

“The Vera Institute of Justice and partner organizations today announced that detained New Yorkers in all upstate immigration courts will now be eligible to receive legal counsel during deportation proceedings. The 2018 New York State budget included a grant of $4 million to significantly expand the New York Immigrant Family Unity Project (NYIFUP), a groundbreaking public defense program for immigrants facing deportation that was launched in New York City in 2013.

New York has become the first state to ensure that no immigrant will be detained and permanently separated from his or her family solely because of the inability to afford a lawyer. Without counsel, a study shows, only 3% of detained, unrepresented immigrants avoid deportation, but providing public defenders can improve an immigrant’s chance of winning and remaining in the United States by as much as 1000%.

NYIFUP has been operating in two of the four affected upstate immigration courts on a limited basis since 2014 with funding from the New York State Assembly and the IDC. In the just-ended fiscal year, the funding was sufficient to meet less than 20% of the need upstate. In New York City, NYIFUP has been representing all financially eligible, otherwise unrepresented detained immigrants since 2014 with funding from the City Council.

Research has shown that keeping immigrant families together saves money for the state’s taxpayers in increased tax revenues and less need for families left behind to draw on the social safety net. New York State employers also receive significant economic benefits from avoiding the loss of productivity when their employees are detained and deported, and the consequent need to identify and train replacement workers.

The first public defender program in the country for immigrants facing deportation, the NYIFUP Coalition includes Vera, the Immigration Justice Clinic of Cardozo Law School, the Northern Manhattan Coalition for Immigrant Rights, Make the Road New York, and The Center for Popular Democracy. The Erie County Bar Association Volunteer Lawyers Project is a NYIFUP Coalition partner upstate. Brooklyn Defender Services, the Legal Aid Society, and The Bronx Defenders are Coalition partners in New York City.

Several cities and states, including Los Angeles, San Francisco, Chicago, Washington, D.C., and California have recently begun efforts to design similar programs.”

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

Good for New York! I hope that other states follow suit.

Representation is the most important contribution that those “outside the system” can make to improving due process in the U.S. Immigration Courts. And, nowhere is it needed more than in often out of the way detention centers. As noted in the article, there is no doubt that representation makes a difference in outcome — a huge difference.

In fact, the statistical difference is so great that one might think that those officials responsible for the U.S. Immigration Court system would long ago have determined that no case could proceed in accordance with due process unless and until the respondent had a lawyer. But, that would be some other place, some other time.

In the meantime, let’s all be thankful for the outstanding example that New York has set!

PWS

04/10/17

 

JAMESTOWN NY POST-JOURNAL: GW Law Immigration Clinic Students Sarah DeLong & Maley Sullivan On “Bridging The Gap” With Immigrants!

http://www.post-journal.com/opinion/2017/04/bridging-the-gap-between-us-and-immigrants/

“As third-year law students and student-attorneys of the Immigration Clinic at The George Washington University Law School, we have the honor of representing immigrants from around the world while guiding them through our very complex immigration system.

Through this experience, we’ve learned that immigrants are just like us. They share our values of family and community; education and opportunity; freedom and security. They’re individuals who are trying to make the best decisions for themselves and for their loved ones.

But in many ways immigrants are not like us. There are some things that you and I will never fully understand. There are some things that we, having grown up under the cloak of privilege afforded us by our status as natural born citizens of the United States, will never have to endure.

So how do we bridge this gap? Why should we take time from our uniquely challenging lives to appreciate and understand our privilege? To what end?

For many student-attorneys, the answer is simple: I am an immigrant. I was an immigrant. My parents are or were immigrants. For the two of us, and countless others, however, what we view as our obligation to welcome and accommodate immigrants has been challenged regularly by our government, our communities, and even our families.

. . . .

We have learned countless lessons from working in the Immigration Clinic. Not the least, we have learned that, although our privilege may protect us from ever having to stand in the shoes of our clients, it has afforded us the extraordinary opportunity to confront the status quo and encourage reconciliation.”

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

I encourage everyone to read the complete article at the link. Thanks to Professor Alberto Benitez of the GW Immigration Clinic for bringing this to my attention. And, thanks to Sarah and Maley for your caring, your insights, and all that you are doing for America.

PWS

04-09-17

 

 

U.S. Judge Stiffs DOJ, Enters Consent Decree In Baltimore Police Case — Sessions Remains Skeptical!

https://www.washingtonpost.com/e8184a66-1c21-11e7-8598-9a99da559f9e_story.html?utm_term=.4b449e499221

Juliet Linderman (AP) reports in the Washington Post:

“BALTIMORE — A federal judge has approved an agreement negotiated under the Obama administration to overhaul the troubled Baltimore police force, sweeping aside objections from the Trump Justice Department.

President Donald Trump’s attorney general, Jeff Sessions, promptly warned that the agreement may result in “a less safe city.”

U.S. District Judge James Bredar signed the so-called consent decree Friday, a day after a hearing to solicit comments from Baltimore residents, calling the plan “comprehensive, detailed and precise.”

He denied a request to delay the signing to give the Trump administration more time to review the agreement. At Thursday’s hearing, a Justice Department attorney expressed “grave concerns” about the plan, aimed at rooting out racist practices.

The consent decree was negotiated during the closing days of the Obama administration after a federal investigation found rampant abuse by Baltimore police, including unlawful stops and use of excessive force against black people.

The investigation was prompted by the 2015 death of Freddie Gray, a 25-year-old black man whose neck was broken during a lurching ride in the back of a police van, where he had been left unbuckled, his hands and legs shackled. Gray’s death touched off the worst rioting in Baltimore in decades.

In a memo made public earlier this week, the Trump Justice Department signaled that it may retreat from the consent decrees that have been put in place in recent years in such cities as Cleveland; Ferguson, Missouri; Miami; and Newark, New Jersey.

Sessions said in a statement Friday that the Baltimore agreement shows “clear departures from many proven principles of good policing that we fear will result in more crime.”

“The decree was negotiated during a rushed process by the previous administration and signed only days before they left office,” Sessions said. “While the Department of Justice continues to fully support police reform in Baltimore, I have grave concerns that some provisions of this decree will reduce the lawful powers of the police department and result in a less safe city.”

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

While the consent decree process was probably accelerated by the Obama Administration’s accurate belief that the Trump Administration would be unlikely to uphold civil rights, particularly for African Americans, the decree was based on a detailed 163 page report that was accepted and incorporated by U.S. District Judge Bredar. Here’s a link to that report: https://www.justice.gov/opa/file/883366/download.

By contrast, Session’s memorandum calling for DOJ review of consent decrees, among other things, was less than two pages, phrased in conclusory stock language, and contained no factual basis whatsoever for the review. Nor has Sessions ever explained what the problem might be with the detailed report prepared as a result of an investigation by his predecessor, Attorney General Loretta Lynch.

Remarkably, Sessions obstinance comes in the same week that a court-appointed monitor found that a similar consent decree in Seattle had resulted in a dramatic reduction in incidents of police use of force against citizens while increasing neither crime nor injuries to police officers. See prior blog here: http://wp.me/p8eeJm-El.

PWS

04/09/17

 

 

4th Cir. Judges File Separate Opinion Praising Bravery Of Transgender Teen — Take Shot At Those On The “Wrong Side Of History!”

Senior Judge Davis, joined by Judge Floyd said this in a published separate opinion:

“Our country has a long and ignominious history of discriminating against our most vulnerable and powerless. We have an equally long history, however, of brave individuals—Dred Scott, Fred Korematsu, Linda Brown, Mildred and Richard Loving, Edie Windsor, and Jim Obergefell, to name just a few—who refused to accept quietly the injustices that were perpetuated against them. It is unsurprising, of course, that the burden of confronting and remedying injustice falls on the shoulders of the oppressed. These individuals looked to the federal courts to vindicate their claims to human dignity, but as the names listed above make clear, the judiciary’s response has been decidedly mixed. Today, G.G. adds his name to the list of plaintiffs whose struggle for justice has been delayed and rebuffed; as Dr. King reminded us, however, “the arc of the moral universe is long, but it bends toward justice.” G.G.’s journey is delayed but not finished.

G.G.’s case is about much more than bathrooms. It’s about a boy asking his school to treat him just like any other boy. It’s about protecting the rights of transgender people in public spaces and not forcing them to exist on the margins. It’s about governmental validation of the existence and experiences of transgender people, as well as the simple recognition of their humanity. His case is part of a larger movement that is redefining and broadening the scope of civil and human rights so that they extend to a vulnerable group that has traditionally been unrecognized, unrepresented, and unprotected.

. . . .

 

G.G.’s lawsuit also has demonstrated that some entities will not protect the rights of others unless compelled to do so. Today, hatred, intolerance, and discrimination persist — and are sometimes even promoted — but by challenging unjust policies rooted in invidious discrimination, G.G. takes his place among other modern-day human rights leaders who strive to ensure that, one day, equality will prevail, and that the core dignity of every one of our brothers and sisters is respected by lawmakers and others who wield power over their lives.”

The full opinion is well worth a read. Here’s a link: 161733R1.P-4th Circuit GG

Judge Davis incorporates this poem,

Famous by N.S. Nye:

The river is famous to the fish.

The loud voice is famous to silence, which knew it would inherit the earth before anybody said so.

The cat sleeping on the fence is famous to the birds watching him from the birdhouse.

The tear is famous, briefly, to the cheek.

The idea you carry close to your bosom is famous to your bosom.

The boot is famous to the earth, more famous than the dress shoe, which is famous only to floors.

The bent photograph is famous to the one who carries it and not at all famous to the one who is pictured.

I want to be famous to shuffling men who smile while crossing streets, sticky children in grocery lines, famous as the one who smiled back.

I want to be famous in the way a pulley is famous,
or a buttonhole, not because it did anything spectacular, but because it never forgot what it could do.

Here’s an article from yesterday’s Washington Post explaining the context of the 4th Circuit’s procedural decision and why the published, signed separate opinion is unusual.

https://www.washingtonpost.com/local/public-safety/judges-hail-transgender-teen-gavin-grimm-as-human-rights-leader/2017/04/07/ade47f12-1bc8-11e7-bcc2-7d1a0973e7b2_story.html?utm_term=.11ce2b2d3a58

The case is G.G. v. Gloucester County School Board.

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The Trump Administration’s attacks on vulnerable individuals such as Muslims, migrants, and now transgender students have given rise to an interesting new phenomenon in the U.S. Courts of Appeals: separate published opinions vigorously commenting on or dissenting from what normally would be routine, unsigned, unpublished, barely noticed, procedural orders.

Another good example was the recent spate of published opinions dissenting and concurring with the granting of an uncontested motion by the Government to dismiss the appeal from the TRO in State of Washington v. Trump (“Travel Ban 1.0”) which I discussed in an earlier blog: http://wp.me/p8eeJm-vM

In the 9th Circuit case, several judges used separate opinions to lash out at their colleagues and show their support for the Trump Administration’s “Travel Ban 1.0.” This drew a reaction from some of their colleagues who accused the dissenters of using the forum and device of the separate opinions to deliver a message to politicians, other courts, and the parties for use in future litigation that was not yet before the court. In other words, to influence matters that were not part of the the actual “case or controversy” before the court, which was being dismissed without objection by either party.

In any event, in just a short time in office, the Trump Administration has “gotten the attention” of normally aloof and “ivory towerish” Federal Appellate Judges who seem to be energized and eager to engage in the fray with the Administration, its detractors, and each other.

PWS

04-09-17