KILLER “COURTS” ☠️☠️☠️☠️☠️👎🏻👎🏻👎🏻👎🏻👎🏻 — “Malicious Incompetence” Or “Criminal Negligence” @ EOIR? — Experts Chase & Dzubow Rip Into EOIR/DOJ Officials For Needlessly Endangering Lives! — Kakistocracy Turns Deadly!

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

https://www.jeffreyschase.com/blog/2020/3/26/like-firing-randomly-into-a-crowd

Hon. Jeffrey S. Chase in Jeffrey S. Chase Blog:

Like “Firing Randomly Into a Crowd”

On March 23, a panel of the U.S. Court of Appeals for the Ninth Circuit issued a sua sponte order in a case pending before it, ordering the Petitioner’s immediate release from detention “in light of the rapidly escalating health crisis, which public health authorities predict will especially impact immigration detention centers.”  In taking such action, the court used its authority to protect those under its jurisdiction.This is what judges and courts are supposed to do.

In contrast, the leadership of EOIR, the agency which oversees our nation’s immigration courts, sees its mission quite differently.  With shocking indifference to those subject to its authority, including its own employees as well as members of the public, EOIR’s present leadership seeks only to please its Department of Justice masters, much like a dog rolling over or playing dead to earn a pat on the head from its owner.

As we all began to comprehend the seriousness of the coronavirus pandemic weeks ago, EOIR refused to close immigration courts out of fear of sending a message contrary to Trump’s statements that the health crisis was a “hoax.”  Christopher Santoro, the coward holding the title of Acting Chief Immigration Judge, ordered court staff to remove CDC-issued advisories on ways to help stop the spread (i.e. by not shaking hands) on the grounds that the immigration judges lacked the authority to hang such notices in their own courtrooms.  In defense of his stupidity, Santoro offered the age-old excuse of the weak: that he was only following orders.

As the virus spread, and people began dying, EOIR kept its courts open far longer than it should have.  An ICE attorney who represented the government throughout a crowded Master Calendar hearing in Newark, NJ on March 13 is presently in a coma in intensive care with COVID-19 fighting for his life.  I’ve heard that an immigration judge in one of NYC’s immigration courts is presently ill with COVID-19 and pneumonia.There have been additional reports of others at immigration detention centers testing positive.

As cities locked down and sheltered in place, EOIR finally agreed to postpone non-detained hearings, but only until April 10.  Hearings in detained courts continue to go forward.And for some reason, non-detained courts that were closed and should have remained so were reopened for the filing of documents only, with such openings announced by nighttime tweets.  On Wednesday night, EOIR tweeted that several courts would “open” the next morning, without explaining whether that meant hearings that had previously been announced as postponed would instead go forward the following morning.As this occurred after business hours, there was no one to call for clarification.  In fact, the opening was only to file documents.EOIR’s leadership (for want of a better term) has decided that all court filings due during the court closings are now due on March 30.Many lawyers in NYC have no way to meet this deadline, as their office buildings have been locked in compliance with the state’s shutdown order.

In order to accept these filings, EOIR is forcing court clerical staff to leave the safety of their homes, disobey the state PAUSE directive and expose themselves and their family members to possible infection in order to report to work.  In NYC, traveling to work for most employees requires riding trains and buses, further increasing the risk of exposure.As schools are closed, how those court staff with child care needs will manage in a time requiring social isolation is unknown.

Furthermore, not all judges hearing detained cases are granting continuances despite the crisis.  EOIR has not informed judges that the present crisis exempts them from meeting their performance metrics, which requires all judges to complete 700 cases per year, and to finish 95 percent of cases on the day of their first-scheduled individual hearing.  Newly hired judges, who are on probation for two years, are therefore being forced to choose between their own job security and the health and welfare of all those who appear in their courts.

In recent days, EOIR has been besieged with letters from health care professionals, law professors, and various legal and advocacy organizations containing strong arguments to do what the Ninth Circuit had done instinctively and without having to be asked.  In one of these letters, attorney George Terezakis, writing on behalf of the New York-based Association of Deportation Defense Attorneys (on whose Board of Directors I sit), described how the mother of a detained respondent who traveled from her home in Long Island to the court in Lower Manhattan by commuter train and subway to file a document for her son’s hearing was later diagnosed with the coronavirus.  Terezakis continued: “Just as someone firing randomly into a crowd of Immigration Judges, court staff, attorneys, interpreters and detainees’ family members will foreseeably and inevitably kill someone…keeping the courts open ensures continued, needless infection, serious illness and death…”The letter continued: “This is a real crisis requiring real leadership to take decisive action that will place the safety of those under its jurisdiction ahead of other concerns.  There is no escaping the inevitable consequences of inaction.”

As for Santoro, “I was only following orders” has historically fared poorly as a defense.  Someone whose name is preceded by the title “Chief Immigration Judge” is required to stand up and take appropriate action in a time of crisis, and accept the consequences of such action.  And for those in EOIR’s leadership chain who refuse to do so, it is incumbent on all of us to do everything in our power to ensure that they will be held fully accountable for their inaction under the next administration.

Copyright 2020 by Jeffrey S. Chase.  All rights reserved. Reprinted with permission.

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

Jason Dzubow
Jason Dzubow
The Asylumist
Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges

https://www.asylumist.com/2020/03/26/incompetence-and-reckless-at-eoir-endanger-lives/

Jason Dzubow writes in The Asylumist:

The coronavirus is causing unprecedented disruptions to nearly every area of life, and the Immigration Courts are no exception. The courts were already in a post-apocalyptic era, with over one million cases in the backlog, and now the situation has been thrown into near total chaos. The fundamental problem is that EOIR–the Executive Office for Immigration Review, the office that oversees Immigration Courts and the Board of Immigration Appeals–is determined to continue adjudicating cases, even if that means risking the lives of its own employees; not to mention the lives of respondents, witnesses, and lawyers (and anyone who comes into contact with them).

EOIR is closing and re-opening various courts seemingly at random, often times with an after-hours Tweet, such as one last night at 9:23 PM, declaring that the Newark and Seattle Immigration Courts will reopen today for purposes of accepting filings and litigating detained cases (non-detained cases through April 10, 2020 have been postponed). In reaction to this latest news, Susan G. Roy, an attorney and former Immigration Judge (and my friend from law school – Hi Sue!) wrote last night–

NJ has the second highest number of corona virus cases in the nation, second only to NY. The Newark Immigration Court was closed because someone tested positive for the virus. Now a DHS attorney is fighting for his life in ICU, another attorney is very ill, and an interpreter has tested positive. These are the ones we know about. The Court was set to reopen on April 12. That is a reasonable time to ensure that everyone is safe and that the risk of transmission is limited. How is it even remotely reasonable to decide to open TOMORROW? Even if it is only for filings, court staff and others will be forced to violate the Governor’s Executive Order [directing all residents to stay at home], put themselves at great risk, and risk contaminating others, while many people who work in the same building remain under mandatory quarantine. You are ruthlessly jeopardizing the lives of your own employees, not to mention the public, for no legitimate reason.

 

And it’s not just advocates who are upset about EOIR’s decision-making. The National Association of Immigration Judges (“NAIJ” – the judges’ union) and ICE attorneys are also reacting with anger. In response to EOIR’s tweet reopening the courts in Seattle and Newark, NAIJ responds, “Putting our lives at risk, one Tweet at a time.” And Fanny Behar-Ostrow, an ICE prosecutor and president of AFGE Local 511, says of EOIR: “It’s like insanity has taken over the agency,“

The gravity of keeping courts open is reflected in one incident, described in a recent letter from the Association of Deportation Defense Attorneys in New York–

One of our members recently had a detained master calendar hearing scheduled for this past Friday, March 20, at the Varick St. Court. In order to prepare the bond application and for the master, the attorney and his staff met with the client‘s mother. A request for a bond hearing, together with the required relief applications, and a request for a telephonic hearing, were hand delivered to the Court at noon on Wednesday March 18th, 2020. The attorney did not receive any response to the motion for a telephonic hearing, and repeated calls to the court that day and the next went unanswered. To ensure that the Court was aware of the request, the client‘s mother retrieved from the attorney‘s office, Thursday evening, a letter to the court confirming the request for a telephonic hearing. She traveled to the court in Manhattan, from Long Island, and delivered the letter to the Clerk, and thereafter waited in the waiting area with family members of other detainees and other attorneys who were compelled to appear.

Today we received confirmation the client‘s mother has been diagnosed with COVID–19 virus, through medical testing. Can you imagine the number of people she came into contact with as the result of the decision to keep this court open? In addition to exposing the attorney and office staff, she traveled from her home on Long Island, on the Long Island Railroad, to Penn Station, from there to the subway and ultimately to the Court. Undoubtedly she came into contact with, and exposed, countless numbers of people, who in turn exposed countless others.

Anyone with a basic grasp of the fundamental principles of epidemiology – easily garnered from watching CNN or the local evening news – understands how easily this virus spreads. Given this, the decision to continue to keep the courts open can only be construed as a conscious decision on the part of EOIR to subject our Immigration Judges, court staff, interpreters, DHS attorneys, institutional defenders, members of the private bar, our clients, their families, and all whom they come into contact with, to an unreasonable risk of infection, serious illness and death.

NAIJ echoes this sentiment: “With [New York] the epicenter of the virus, DOJ is failing to protect its employees and the public we serve.”

The appropriate path forward is painfully obvious. EOIR should immediately close all courts for all cases. Staff should work remotely when possible to re-set dates and adjudicate bond decisions (so non-criminal aliens who do not pose a danger to the community can be released from detention). That is the best way to protect everyone involved with the Immigration Court system and the public at large.

Finally, I think it is important to name names. The Director of EOIR is James McHenry. I have never been a fan. Mr. McHenry was profoundly unqualified for his job, having gone from supervising maybe half a dozen people in a prior position to overseeing thousands at EOIR. However, he was politically aligned with the goals of the Trump Administration and he got the job. I have previously described the functioning of the agency during Mr. McHenry’s tenure as maliciousness tempered by incompetence. But these days, it is more like maliciousness exacerbated by incompetence. And in the current crisis, incompetence can be deadly. It’s time for Mr. McHenry and EOIR to do the right thing: Close the courts now.

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

  • Thanks, Jeffrey, Jason, and Sue, my friends, for “telling it like it is!” Now is not the time for “go along to get along” bureaucratic responses.
  • Unfortunately, attorneys and court staff might now start paying with their lives for EOIR’s inexcusable two-decade failure to implement a functional e-filing system.
  • As one of my Round Table colleagues said, “Since when is a late night tweet ‘official notice?’” Don’t remember anything about “notice by tweet” in 8 CFR!
  • As I noted previously, J.R. and his tone-deaf, complicit Supremes effectively repealed the “Bivens doctrine,” holding Federal officials responsible for “Constitutional torts” committed outside the scope of their official duties. They thereby essentially gave rogue Federal officials a “license to kill,” at least where the victim was merely an unarmed Mexican teenager. It appears that Barr, McHenry, and others in the “chain of command” are trying out their new “licenses.” They had better hope that J.R. & Co’s “willful blindness” and  unwillingness to stand up for lives and Constitutional rights extend even when American citizen lawyers and court clerks are among the casualties.
  • Not surprisingly, EOIR’s contempt for due process and the lives of asylum seekers, families, children, and other migrants has expanded to include the lives of their own employees and members of the public forced to deal with this godawful, unconstitutional mess.
  • When the reckoning comes, we should not forget the negligent complicity of Congress as well as the Article III Courts for allowing the life-threatening, dysfunctional, unconstitutional mess that EOIR has become continue to operate and to threaten the health, safety, and welfare of all Americans.

PWS

03-27-20

CLOSE ‘EM DOWN, ALREADY! — ROUND TABLE JOINS 70+ OTHER NGOs CALLING FOR IMMEDIATE CLOSURE OF ALL IMMIGRATION COURTS!

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)
Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Retired Immigration Judges
Knjightess
Knightess of the Round Table
Hon. A. Ashlley Tabaddor
Hon. A. Ashley Tabaddor
President, National
Association of Immigration Judges (“NAIJ”)
Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA
Fanny Behar-Ostrow-Ostrow
Fanny Behar-Ostrow ESQ
Assistant Chief Counsel, DHS
President AFGE Local 511

From Dan Kowalski over @ LexisNexis Immigration Community:

More than 70 Organizations Call on DOJ to Immediately Close All Immigration Courts During the COVID-19 Pandemic

AILA Doc. No. 20032630 | Dated March 26, 2020 | File Size: 596 K

DOWNLOAD THE DOCUMENT

On March 26, 2020, more than 70 organizations joined AILA, the National Association of Immigration Judges (NAIJ), and the ICE Professionals Union, to call on the Department of Justice to immediately close all immigration courts during the COVID-19 pandemic.

Cite as AILA Doc. No. 20032630.

Related Resources

·         Resource Center: 2019 Novel Coronavirus (COVID-19)

·         Immigration Judges, Prosecutors, and Attorneys Call for the Nationwide Closure of All Immigration Courts

·         Press Call: Immigration Judges and Attorneys Joined by Public Health Experts Call for Additional Protective Measures Amid COVID-19 Outbreak

 

March 26, 2020

The Honorable William P. Barr Attorney General

U.S. Department of Justice

James McHenry

Director

Executive Office for Immigration Review

Submitted via email

RE: THE DOJ MUST IMMEDIATELY CLOSE ALL IMMIGRATION COURTS DURING THE COVID-19 PANDEMIC

Dear Attorney General Barr and Director McHenry,

Following previous calls by the National Association of Immigration Judges (NAIJ), the American Federation of Government Employees (AFGE) Local 511 (ICE Professionals Union), and the American Immigration Lawyers Association (AILA) for the temporary closure of all immigration courts, we, the undersigned international, national, state, and local immigration, civil rights, faith- based, government accountability, and labor organizations urge the U.S. Department of Justice (DOJ) to immediately close all 68 Immigration Courts operated by the Executive Office for Immigration Review (EOIR) in adherence with current public health protocols regarding the COVID-19 virus.

On the evening of March 17, EOIR postponed all non-detained hearings and recently postponed all of the Migrant Protection Protocol hearings (MPP) scheduled through April 22, 2020. However, more aggressive action is needed. While these policies are a step in the right direction, they fall far short of the required action called for by this pandemic emergency. The detained courts must also be closed to in-person hearings in order to minimize the spread of the virus, slow the rate of new infections, and to avoid overwhelming local resources.

Given the particular vulnerability of respondents in detained settings, the use of telework, which has been advocated by the Administration, can and should be quickly put in place. Immigration Judges stand ready and able to work to ensure priority matters, including detained bond matters, are addressed using technological tools. DOJ should permit all detained respondents to immediately receive telephonic bond redetermination hearings with teleworking judges and allow supporting documents to be faxed and emailed to a designated point of contact. When possible, ICE OPLA should stipulate to bond in written motions so it is not necessary to hold hearings.

The urgency for immediate, decisive action in this matter cannot be overstated. Every link in the chain that brings individuals to the court – from the use of public transportation, to security lines, crowded elevators, cramped cubicle spaces of court staff, packed waiting room facilities in the courthouses, and inadequate sanitizing resources at the courts – place lives at risk.

      AILA Doc. No. 20032630. (Posted 3/26/20)

 Every state and the District of Columbia have declared a state of emergency giving government leaders the opportunity to implement bold and unprecedented measures to slow and eventually

 eliminate the spread of the virus. Some officials are releasing prisoners, allowing them to shelter in place at home. Cities, county, and state governments have moved swiftly to implement stay at home orders to ensure the protection of community members from this highly communicable virus. These measures include the scaling back of mass transit conveyances to most urban centers where the immigration courts are located, creating significant logistical problems for anyone needing to access the courts. On March 21, the Department of Homeland Security (DHS) announced that it

  will now require all legal visitors to provide and wear personal protective equipment (PPE) (disposable vinyl gloves, N-95 or surgical masks, and eye protection) in order to enter any

 detention facility, despite the nationwide shortage of PPE.

 Yet EOIR continues to operate courts in a business-as-usual manner, placing court personnel,

 litigants, and all community members in harm’s way. To make matters worse, DOJ and EOIR decision-making has been opaque, with inadequate information being released, causing confusion

 and leading to litigants showing up at hearings that are cancelled without notice.

 DOJ’s current response to the COVID-19 pandemic and its spread is frighteningly disconnected from the realities of our communities, and the advice of local leaders and scientific experts. DOJ must immediately implement the temporary closure all immigration courts. Failing to take this action now will exacerbate a once-in-a-century public health crisis and lead to a greater loss

 of life.

If you have any questions, please do not hesitate to contact Laura Lynch, Senior Policy Counsel, AILA (llynch@aila.org), Judge Ashley Tabaddor, President, NAIJ (ashleytabaddor@gmail.com), or Fanny Behar-Ostrow, President, AFGE Local 511 (fbehar1@gmail.com).

Sincerely,

Fanny Behar-Ostrow-Ostrow
Fanny Behar-Ostrow ESQ
Assistant Chief Counsel, DHS
President AFGE Local 511

Advocates for Basic Legal Equality, Inc.

America’s Voice

American Federation of Government Employees (AFGE) Local 511 American Immigration Council

American Immigration Lawyers Association (AILA)

Americans for Immigrant Justice, Inc.

Amnesty International USA

Arizona Coalition to End Sexual and Domestic Violence

Asian Pacific American Labor Alliance, AFL-CIO

Asian Pacific Institute on Gender-Based Violence

ASISTA

Association of Deportation Defense Attorneys, Inc.

Ayuda

Capital Area Immigrants’ Rights (CAIR) Coalition

Catholic Legal Immigration Network, Inc.

Center for Gender & Refugee Studies

   AILA Doc. No. 20032630. (Posted 3/26/20)

Center for Victims of Torture

Central American Resource Center

Coalition for Humane Immigrant Rights (CHIRLA)

Congregation of Our Lady of Charity of the Good Shepherd, U.S. Provinces End Domestic Abuse Wisconsin

Evangelical Lutheran Church in America

Federal Bar Association Immigration Law Section

*Disclaimer, this is the position of the Immigration Law Section and not the Federal Bar Association as a

whole.

Freedom Network USA

Government Accountability Project

Her Justice

HIAS

Human Rights First

Human Rights Initiative of North Texas

Illinois Coalition Against Domestic Violence

Immigrant Families Together

Immigration Equality

International Federation of Professional and Technical Engineers International Rescue Committee

InterReligious Task Force on Central America

Just Neighbors

Justice for Our Neighbors-Michigan

Las America’s Immigrant Advocacy Center

Latin America Working Group

Leadership Conference of Women Religious

League of United Latin American Citizens

Legal Aid Justice Center

Montana Coalition Against Domestic and Sexual Violence National Advocacy Center of the Sisters of the Good Shepherd National Association of Immigration Judges

National Council of Jewish Women

National Justice for Our Neighbors

National Latina Institute for Reproductive Justice

Nebraska Coalition to End Sexual and Domestic Violence Neighbors Immigration Clinic

NETWORK Lobby for Catholic Social Justice

New York Immigration Coalition

New York Justice for Our Neighbors

Northern Illinois Justice for Our Neighbors

Ohio Immigrant Alliance

Pax Christi USA

Restoration Immigration Legal Aid

Rian Immigrant Center

Round Table of Former Immigration Judges

Santa Fe Dreamers Project

Sisters of Mercy of the Americas Justice Team

AILA Doc. No. 20032630. (Posted 3/26/20)

South Texas Human Rights Center

Tennessee Justice for Our Neighbors

The Florence Immigrant & Refugee Rights Project

The Leadership Conference on Civil and Human Rights

Ujima Inc: The National Center on Violence Against Women in the Black Community Vermont Network Against Domestic and Sexual Violence

Virginia Coalition for Immigrant Rights

Virginia Coalition of Latino Organizations

Virginia Interfaith Center for Public Policy

Washington Office on Latin America

Washington State Coalition Against Domestic Violence

Wellspring United Church of Christ

Young Center for Immigrant Children’s Rights

AILA Doc. No. 20032630. (Posted 3/26/20)

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

Pretty disturbingly graphic example of how little EOIR & the DOJ care about the health, safety, and welfare of their own employees, let alone the public they have long ceased serving!

Also appreciate the courageous leadership of AFGE Local 511 President and DHS Assistant Chief Counsel Fanny Behar-Ostrow in joining the effort to end the regime’s reckless insanity. An “Honorary Member” of the NDPA to be sure! Folks like Fanny, Ashley, Laura, Jeff, and Dan are among America’s unsung heroes! Thanks for all you do!

Due Process Forever! Political “Courts” Endangering Public Welfare & Safety, Never!

PWS

03-26-20

“LET ‘EM DIE IN MEXICO” (A/K/A “REMAIN IN MEXICO”) HEARINGS POSTPONED THRU APRIL 22, REPORTS POST’S MARIA SACCHETTI!

LAW CLINIC PROFESSORS WRITE TO ACTING CHIEF IMMIGRATION JUDGE URGING STRONG ACTIONS TO PREVENT SPREAD OF CORONAVIRUS!

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

 

March 20, 2020

The Hon. Christopher A. Santoro Chief Immigration Judge

Office of the Chief Immigration Judge 5107 Leesburg Pike, Suite 2500

Falls Church, VA 22041

Via Email

Dear Chief Immigration Judge Santoro:

We are law school professors who teach immigration clinics that provide pro bono representation in immigration courts around the country. We write to urge you to immediately develop and implement proactive plans for the prevention and management of COVID-19 at all United States immigration courts. In this letter, we offer several recommendations for such protective measures.

. . . .

Read the full letter here:

Letter to CIJ Re Protective Plans for COVID-19

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

I’m repeating myself. I’ve always found Acting Chief Judge Santoro to be an advocate for “good government” and “doing the right thing” for the people he works with and for the public. For a number of years, he was “our” Assistant Chief Judge in Arlington. I enjoyed working with him and found him consistently concerned with the well-being of our employees and the efficient operation of  our court. He also went to great lengths to insure that we were always informed about what was happening, particularly in the (normal) absence of much meaningful communication from “on high.” Even then, though, some areas and directives were “outside his portfolio.”

I’m relatively sure that his “hands are tied” in this situation and that the “strings at EOIR are being pulled” by others above him in the “food chain.” The latter are driven by political and ideological agendas often quite different from the overall public interest and usually have little, if any, demonstrated concern for he the safety and welfare of EOIR’s “captive clientele.” Indeed, the DOJ politicos don’t seem to have much concern for their own employees either, leaving them largely to “twist in the wind” in a time of national crisis.

PWS

03-22-20

HEATHER COX RICHARDSON: Beware of Billy Barr & His Minions — We Must Resist The Kakistocracy’s Vile “Power Grab”

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College
Betsy Woodruff Swan
Betsy Woodruff Swan
FederalLaw Enforcement Reporter
Politico

March 21, 2020

Heather Cox Richardson Mar 22 pastedGraphic.png pastedGraphic_1.png

Today’s big news came from Politico writer Betsy Woodruff Swan, who broke the story that the Department of Justice has quietly asked Congress for dramatic new powers during emergencies… emergencies like the coronavirus pandemic. She has reviewed documents from the DOJ asking Congress to give top judges the power to pause court proceedings during emergencies. This would include “any statutes or rules of procedure otherwise affecting pre-arrest, post-arrest, pre-trial, trial, and post-trial procedures in criminal and juvenile proceedings and all civil process and proceedings.”

The executive director of the National Association of Criminal Defense Lawyers, Norman L. Reimer, explained that this “means you could be arrested and never brought before a judge until they decide that the emergency or the civil disobedience is over. I find it absolutely terrifying,” he said. “Especially in a time of emergency, we should be very careful about granting new powers to the government.”

The House of Representatives, controlled by Democrats, is extremely unlikely to pass any such measures, and Mike Lee, a libertarian-leaning Republican Senator from Utah, tweeted in all caps: “OVER MY DEAD BODY.” (This prompted reminders that he had voted to acquit Trump during the impeachment trial and thus keep him in office, so, as one tweet read: “If this happens you own it.”)

Lee demanded that Trump disown the idea– he did not– and the DOJ declined to comment on the story, so it may be a trial balloon, inaccurate, or even false.

But it has gotten attention because it dovetails with recent stories that suggest those currently in power feel it is their right, and maybe their duty, to run the country in their own interest, ignoring– or suppressing– dissent.

In the last two days, we learned that the administration and Republican members of Congress heard dire warnings about the coming coronavirus and continued to lie to the American people, telling us the Democrats trying to alert us were simply bent on undermining Trump.

We also learned that Trump has refused to use the Defense Production Act, passed under President Harry S. Truman, who used it during the Korean War. This law would enable Trump to demand that American industries produce the medical equipment we currently need so badly. Business leaders say the invoking the law isn’t necessary, and Trump claims they are volunteering to produce what the nation needs in a public-private partnership. Currently there is such a critical shortage of medical equipment that some hospitals are asking people to sew basic masks at home, but today Trump announced that the clothing manufacturer Hanes is retrofitting factories to make masks; it has joined a consortium that is expected to produce 5-6 million masks weekly.

These two stories reveal the same ideology that would underlay a law permitting arrest and imprisonment without trial: that society works best when it defers to a few special people who have access to information, resources, and power. Those people, in turn, use their power to direct the lives of the rest of us in larger patterns whose benefit we cannot necessarily see. We might think we need medical supplies but, in this worldview, using the government to force individual companies to make those supplies would hurt us in the long run. This ideology argues that we are better off leaving the decisions about producing medical supplies to business leaders. Similarly, we need leaders to run our economy and government, trusting that they will lead us, as a society, toward progress.

But there is another way to look at the world, one that is at the heart of American society. That ideology says that society works best if everyone has equal access to information and resources, and has an equal say in government. In this worldview, innovation and production come from people across society, ordinary people as well as elites, and society can overcome challenges much more effectively with a multiplicity of voices than with only a few who tend to share the same perspective. To guarantee equal access to information, resources, and government, we all must have equality before the law, including the right to liberty unless we have been charged with a crime.

For decades, now, America has increasingly moved toward the idea that a few people should consolidate wealth and power with the idea that they will most effectively use it to move America in a good direction. But the novel coronavirus pandemic has undercut the idea that a few leaders can run society most effectively. The administration’s response to this heavy challenge has been poor. And now we know that the very people who were publicly downplaying the severity of the coronavirus were told by our intelligence agencies that it was very bad indeed, and they were sharing that information with a few, favored individuals. Their leadership will literally, and quite immediately, cost a number of our lives.

But even as those embracing the idea of a hierarchical society have fallen down on the job, ordinary Americans are stepping up and demonstrating the power of the other worldview. State governors—Gavin Newsom of California, J.B. Pritzker of Illinois, Jay Inslee of Washington, Andy Beshear of Kentucky, Gretchen Whitmer of Michigan, David Ige of Hawaii, Tom Wolf of Pennsylvania, Andrew Cuomo of New York, and Mike DeWine of Ohio—have distinguished themselves. (I’m sure I’ve forgotten some; please add them in the comments.) Not just governors, but also mayors and city councils have stepped up to the plate. So have business leaders and unions, figuring out ways to work from home and to pay workers whose jobs suddenly disappeared. Teachers have moved their classes on-line overnight; National Guard troops are delivering necessary supplies. Ordinary people all over the country are helping each other however they can.

And then there are the health care workers. What they are doing, leaping into the breach to save us all, despite their dire lack of protective gear, is heroic.

This pandemic, and the accompanying economic downturn, are a turning point. Just as Americans have done in other crises in our history, we are rediscovering that our greatest strength is not in how rich and powerful we can make a few, but rather in all of us, working together. It strikes me as no accident that it is at this moment a report has surfaced that Attorney General William Barr, a leading member of this administration, has asked for the ability to arrest and imprison people without trial, for to preserve a hierarchy under these conditions will require an extraordinary assumption of power to suppress dissent.

Notes:

https://www.politico.com/news/2020/03/21/doj-coronavirus-emergency-powers-140023

https://www.rollingstone.com/politics/politics-news/doj-suspend-constitutional-rights-coronavirus-970935/

https://www.nytimes.com/2020/03/20/us/politics/trump-coronavirus-supplies.html

https://abcnews.go.com/Health/hanes-start-making-masks-health-care-professionals-treating/story

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

No surprise to me that the amazing Betsy Swan Woodruff, now of Politico, is breaking this story. 

The warnings about Billy Barr and his schemes come as no surprise to those of us in the New Due Process Army and the Round Table. We have been resisting the Sessions, Whitaker, Barr White Nationalist, neo-fascist, kakistocracy’s attack on Consitutional rights, the rule of law, and human decency since “Day One.” 

I also appreciate Heather’s “outing” of the disgusiting disingenuous behavior of GOP Senators like Senator Mike Lee (R-UT) who claims to stand for one thing but actually voted to overlook the overwhelming evidence of Trump’s abuse of his office and enable his continuing existentially dangerous tenure.

Due Process Forever! Billy Bar & The Kakistocracy, Never!

PWS

03-22-20

CLEAR AS MUD: Politicized Immigration “Courts” Continue To Bobble The Message In The Time Of Plague, Endangering Their Own Employees, Attorneys, & The Public!  — America’s Clown Courts 🤡☠️ Enter A Deadly New Phase As Feckless Article III Courts Watch The Show Go On! —“I don’t know who’s making the calls, but they’re wrong.” — DUH!

Dara Lind
Dara Lind
Immigration Reporter
Pro Publica

https://apple.news/Af7cWvYFbT5CO7qZKyldm3w

Dara Lind reports for Pro Publica:

Interviews with 10 workers at immigration courts around the country reveal fear, contradictory messages and continuing perils for the employees.

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

On Tuesday night — over a day after several Bay Area counties issued shelter-in-place orders barring most people from leaving their homes — the San Francisco immigration court sent an email to staff: Hearings were being postponed nationwide for most immigrants, so the court would be closed starting Wednesday. (The text of the email was provided to ProPublica.)

On Wednesday, however, employees were directed to get onto a conference call, according to two participants. There they were told the Tuesday night email was wrong. The court wasn’t closed. They would have to come into the office — or use their vacation time to stay home. When staff asked about the shelter-in-place orders, the response was that the Department of Justice, which runs immigration courts, took the position that those were local laws and didn’t apply to federal employees.

The Trump administration has reduced immigration court operations in the past week, by postponing hearings for non-detained immigrants and closing a handful of courts to the public. Those actions came after the unions representing immigration prosecutors and judges issued a rare public call for courts to close.

The reduced court operations came after weeks of employees raising concerns privately and, they say, receiving few and unhelpful answers. And because the closures are determined solely by whether a court is hearing cases of detained immigrants, rather than by the level of health peril, employees still feel they’re putting their health at risk every time they come into the office as instructed.

That’s the picture that emerges from interviews with 10 federal employees who work at immigration courts across the country. Most spoke on the condition of anonymity. Many said they had raised concerns internally about their exposure to COVID-19 to their managers or hadn’t been informed of potential exposures.

“When I signed up for this job, I thought it might be morally compromising at times,” one immigration court employee told ProPublica, “but I never thought it would be compromising of my health and safety.”

The Executive Office for Immigration Review, the DOJ agency that oversees immigration courts, told ProPublica that agency headquarters was responsible for deciding when courts closed, but it did not confirm or deny specifics of the employees’ allegations, saying, “We do not comment on internal communications or internal personnel operations.”

In Denver, one prosecutor interviewed by ProPublica was alarmed by a judge’s frequent coughs during a hearing last Friday. “Don’t mind my coughing,” the judge said, according to the prosecutor. “I don’t think it’s coronavirus.” The following Tuesday, the prosecutor noticed that the judge was out for the rest of the week and emailed a court staffer in concern: Was it the coronavirus? Should she be taking precautions? The staffer’s reply: For privacy reasons, the prosecutor’s questions couldn’t be answered.

Only after news broke to the public on Tuesday night that a judge at the Denver immigration court had been diagnosed with COVID-19 (the disease caused by the new coronavirus) did court officials follow up with the prosecutor and confirm her suspicions. Other attorneys the judge had been in close contact with were notified the next day. The court remained open through Thursday, when the entire building it was housed in was shut down for deep cleaning by the General Services Administration. (It’s currently set to reopen Monday.)

In New York, legal aid groups sent a letter to immigration court officials saying that two of their attorneys had symptoms of COVID-19 and a third had been exposed to someone who’d tested positive. All three attorneys had appeared in court the past week, and all had hearings scheduled the following day. The courts didn’t say anything to their employees about the letter, according to multiple sources.

Since taking office, the Trump administration has pressured the immigration courts to process as many immigrants as quickly as possible — pressuring judges to hear more cases and complete them within a year, and making it harder for immigrants or attorneys to postpone hearings. Now, they face a public health crisis that requires everyone to reduce person-to-person contact.

Immigration court workers have two concerns. The first is that the courts are often crowded and require close contact with members of the public. The second is that, like most employees of any type, especially those who take public transit, they are exposed every time they leave their homes to work.

Employees remain concerned about their exposure over the past few weeks, while courts were running as usual. Employees in New York and California — the states hardest hit by the pandemic to date — told ProPublica that their requests for “deep cleaning” were rejected by managers, and that they were bringing their own Clorox wipes and disinfectant spray to the office.

Most immigration court business happens in person. Even trying to postpone an immigration hearing (for example, due to illness) requires an attorney to file a paper form with a clerk. And if an immigrant doesn’t show up for a hearing, they’re at risk of getting ordered deported in absentia. In at least one New York court, according to two people who work there, the chief judge told employees Monday to issue absentia deportation orders if immigrants weren’t showing up, even if the coronavirus was the suspected cause.

Policies the Trump administration introduced before the COVID-19 pandemic put considerable pressure on judges and prosecutors not to allow immigrants to postpone their hearings. Judges face a “performance standard” of completing 80% of their cases within a year — a standard over 90% of judges don’t meet, according to the National Association of Immigration Judges. But the more than 150 judges who have been hired in the past two years are still in their probationary period, where they could be fired for failing to meet performance standards.

While many judges have been lenient in granting coronavirus-related postponements, others have not. Last week, according to one California immigration court employee, a judge took a break from a hearing to tell colleagues that the immigrant’s attorney claimed to be sick, but because he wasn’t coughing, the hearing would move forward.

One email sent by the chief prosecutor at the Miami court Tuesday, read to ProPublica, told prosecutors that if an immigrant or her attorney claimed to be sick, any postponement should be counted against the immigrant (preventing them from requesting another postponement). If the immigrant didn’t want to postpone, and the judge wasn’t willing to hold the hearing by phone, the prosecutor was instructed to contact her manager — who would assess the claim of illness himself before deciding what to do. (A call to the chief prosecutor in Miami was not immediately returned.)

Most communication, though, has been oral. In at least two courts, chief judges were asked to put policies in writing and declined.

Employees have been in the dark about who, exactly, is making the decisions about which courts are open and when employees are allowed to work from home or take leave to stay home. “The word is that it’s out of their hands. Everything is out of everybody’s hands,” Fanny Behar-Ostrow, president of the union representing immigration prosecutors, told ProPublica Wednesday. “I don’t know who’s making the calls, but they’re wrong.”

An email obtained by the Miami Herald, written by the assistant chief immigration judge in charge of the Miami immigration court on Wednesday, said that closure decisions were ultimately being made by “the White House” — something that employees at other courts also said their managers had suggested. But chief judges gave conflicting explanations about which decisions were subject to White House approval; one chief judge told employees that the White House had to be involved in decisions about remote work, while other chief judges made those decisions themselves.

It’s not clear who at the White House is involved or how. Immigration officials told the Herald that the ultimate decision was made by the Office of Management and Budget. However, according to the employees ProPublica spoke to, some immigration court officials used “White House” to refer to policies set by the Office of Personnel Management. The assistant chief immigration judge (the judge in charge of a given immigration court location) for one California court told employees on March 12 that they’d had a phone call with staff for Vice President Mike Pence, who’s running the official coronavirus task force.

But to many employees, the specter of “White House” involvement raised concerns that the administration’s immigration policy priorities were getting in the way of its public health obligations.

. . . .

Read Dara’s full article at the link.

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

The confusion engendered by politicized immigration enforcement in support of a White Nationalist agenda doesn’t end with the Immigration Courts. Despite, or perhaps because of, a number of public statements by DHS political hacks, there’s still plenty of uncertainty and angst about DHS’s enforcement and detention policies. Chloe Hadavas over at Slate sets out what happens when politicos take over law enforcement and justice.

Chloe Havadas
Chloe Hadavas
Intern Reporter
Slate

https://slate.com/news-and-politics/2020/03/ice-halts-immigration-enforcement-coronavirus.html

Immigration and Customs Enforcement announced on Wednesday that it will halt most arrests and deportations, focusing only on individuals who are “public safety risks” and who are “subject to mandatory detention based on criminal grounds,” as the coronavirus sweeps across the U.S. and public health officials scramble to limit the virus’ spread.

Undocumented immigrants are often afraid to seek medical care for fear of deportation. And even as state and local officials encouraged anyone who needed medical treatment to seek help, ICE officers continued to make arrests, including in areas hit hard by the virus. But in the temporary change in enforcement, ICE also said that it won’t carry out operations near health care facilities, including hospitals, doctors’ offices, and urgent care facilities, “except in the most extraordinary of circumstances,” the agency said in a statement. “Individuals should not avoid seeking medical care because they fear civil immigration enforcement.”

Immigration experts said ICE’s decision was somewhat unexpected, though they remain cautious about how to interpret it. “I’m always surprised to hear that they’re going to scale back on their efforts,” said Jennifer M. Chacón, a UCLA law professor who focuses on immigration. ICE’s statement marks a distinct shift from the agency’s operations under the Trump administration. Both Chacón and Karla McKanders, a law professor who directs the Immigration Practice Clinic at Vanderbilt University, said that it reminded them of the “felons, not families” immigration policy of the Obama administration. “You read it and it basically looks like the Obama-era enforcement priority statement, and you just wonder why it takes a pandemic to get ICE to think about prioritizing resources and focusing efforts on public safety,” said Chacón.

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

You can read the rest of Chloe’s article at the link.

“I don’t know who’s making the calls, but they’re wrong.” Kind of “says it all” about how the regime treats its own employees and the public good.

Meanwhile, Article III Courts, which have had more than ample opportunity to put an end to the constitutional farce taking place in Immigration Court and also to direct the DHS to take overdue steps to release non-dangerous (that is, most) immigration detainees before the epidemic sweeps chronically health-endangering immigration prisons in their New American Gulag (“NAG”), have once again “swallowed the whistle.” The Gulag, where kids are caged and put in “iceboxes,” families separated, and folks sometimes left to die, all for no reason other than “we can do it and nobody’s going to stop us” will haunt not only those corrupt public servants who established and operated it, but also those like legislators, judges, and public health officials who failed in their duties to end the human rights abuses.

Perhaps the Article IIIs are “running scared” because without the ongoing clown show in the U.S. Immigration Courts, the Article IIIs would be in line for the title of “Americas’s Most Dysfunctional Courts.”

Also, I think it’s time for Slate to take “Intern” off Chloe Hadavas’s title and ink this “up and coming talent” to a full time contract covering immigration and justice issues.

Due Process Forever. Dysfunctional Courts That Endanger The Public, Never!

🤡☠️

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

PWS

03-21-20

 

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

UPDATE: Gullible, complicit U.S. Judges in their ivory tower bubbles with plenty of hand sanitizers might be willing to believe DHS’s claims that everything is “hunky dory” in the New American Gulag,  but the truth is stark, ugly, and predictable for anyone familiar with the regime’s immigration antics, lies, and cover-ups:

“The cells stink. The toilets don’t flush. There’s never enough soap. They give out soap once a week. One bar of soap a week. How does that make any sense?”

Read the latest from Vice News, as hunger strikes break out in three New Jersey detention facilities:

https://www.vice.com/en_us/article/pkew79/immigrants-are-now-on-hunger-strike-in-3-ice-detention-centers–fears

Meanwhile, Courtside has been receiving reports from multiple sources in New Jersey about rapidly deteriorating conditions in Immigration Courts and the Gulag, failure to follow Federal health guidelines, possible positive coronavirus tests among ICE employees, and efforts by the the regime to keep the truth about about the growing health risks for detainees, judges, lawyers, and other personnel forced to deal with this dangerous, broken, and totally dysfunctional system “under wraps.”

I have also received disturbing, yet credible, reports of continuances for “at risk” attorneys being denied by some Immigration Judges, while other judges have received “no assurances” from their management “handlers” that the regime’s due-process-mocking “production quotas” will be waived during the health emergency! ☠️☠️☠️☠️☠️

PWS

03-21-20

 

 

 

 

CLOWN COURT REPORT 🤡🤡: AILA Seeks Information On Politically-Biased, Anti-Asylum Hiring @ BIA!

Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA

https://www.aila.org/advo-media/press-releases/2020/lawsuit-seeks-to-uncover-problematic-board

Lawsuit Seeks to Uncover Problematic Board of Immigration Appeals’ Hiring Procedures

AILA Doc. No. 20031937 | Dated March 19, 2020

pastedGraphic.pngpastedGraphic_1.png

CONTACTS:
Maria Frausto

202-507-7526

mfrausto@immcouncil.org

George Tzamaras

202-507-7649

gtzamaras@aila.org

For Immediate Release

Thursday, March 19, 2020

WASHINGTON, DC — The American Immigration Council (Council) and the American Immigration Lawyers Association (AILA) filed a lawsuit Tuesday in federal court to compel the Department of Justice’s (DOJ) Office of Information Policy (OIP) to release records about the Executive Office for Immigration Review’s (EOIR) hiring procedures for appellate immigration judges and Board of Immigration Appeals (BIA) Members. The lawsuit seeks to understand current hiring procedures for the BIA—the highest administrative body for interpreting and applying immigration laws—after reports came to light of anti-immigrant bias in the hiring process.

The DOJ—which oversees immigration courts, houses the BIA, and employs immigration judges—has failed to disclose critical information about the hiring policy of appellate immigration judges and BIA Members, who make precedential decisions in the immigration adjudicatory system.

Advocates and policymakers have become concerned that DOJ’s hiring practices for appellate immigration judges and Board Members are improperly influenced by the Trump administration’s anti-immigrant policies. Biased hiring practices for these judges are a concern for the public because these judges can set legal precedent that has the potential to negatively impact thousands of immigrants seeking protection and/or a path to lawful status in the United States.

The lawsuit, filed in the U.S. District Court for the District of Columbia, challenges DOJ’s failure to disclose information in response to a Freedom of Information Act request submitted in October 2019.

“The fairness of the immigration court system depends on the impartiality of judges who are responsible for deciding thousands of cases each year. If appellate judges are not neutral decision-makers, the integrity of our immigration system is compromised,” said Claudia Valenzuela, FOIA senior attorney at the American Immigration Council. “The lack of transparency in this hiring process only serves to undermine public confidence in this system.”

“It’s imperative that the public, policymakers, and stakeholders be provided with the opportunity to review the thus far opaque hiring process at the BIA. Allegations of politicized hiring give rise to the notion that BIA decisions serve the political purposes of the attorney general, rather than adhere to prior case law,” said Laura Lynch, senior policy counsel at the American Immigration Lawyers Association.

A copy of the complaint is here.

The American Immigration Council works to strengthen America by shaping how America thinks about and acts towards immigrants and immigration and by working toward a more fair and just immigration system that opens its doors to those in need of protection and unleashes the energy and skills that immigrants bring. The Council brings together problem solvers and employs four coordinated approaches to advance change—litigation, research, legislative and administrative advocacy, and communications. Follow the latest Council news and information on ImmigrationImpact.com and Twitter @immcouncil.

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members. Follow AILA on Twitter@AILANational.

Cite as AILA Doc. No. 20031937.

Laura A. Lynch, Esq.

Senior Policy Counsel

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

The whole idea that a White Nationalist prosecutor and political toady like Billy Barr gets to hire the “judges” for a so-called “appellate tribunal” is as absurd and illogical as it is clearly unconstitutional. The perversion of our humanity and our legal institutions that has allowed this to operate in plain view as if it were “normal” should be a subject for reflection and study. That the Supremes and Congress both took a “dive” on this is beyond question. How they got away with it and continue to do so without any accountability is another story. Hopefully, at some point it will be told in full.

In particular, the anti-asylum bias of the regime has been aggravated by a large dose of anti-Latino racism and misogyny that both Congress and the Article III Courts have enabled and, in the case of the Supremes actively encouraged by rewarding the clearly disingenuous and misleading arguments of Solicitor General Noel Francisco on fabricated “emergencies” and bogus rationales for transparently invidious and irrational actions.

DUE PROCESS FOREVER! CLOWN COURTS 🤡🤡 AND THEIR COMPLICIT ENABLERS, NEVER!

PWS

03-20-20

BREAKING: FINALLY, SOME COMMON SENSE & DECENCY PREVAILS, AS DHS WILL SUSPEND MOST INTERIOR ENFORCEMENT!

https://www.washingtonpost.com/national/ice-halting-most-immigration-enforcement/2020/03/18/d0516228-696c-11ea-abef-020f086a3fab_story.html

Maria Sacchetti
Maria Sacchetti
Immigration Reporter, Washington Post
Arelis R. Hernandez
Arelis R. Hernandez
Southern Border Reporter
Washington Post

Maria Sacchetti & Arelis R. Hernandez report for WashPost:

United States immigration authorities will temporarily halt enforcement across the United States except for its efforts to deport foreign nationals who have committed crimes or who pose a threat to public safety. The change in enforcement status comes amid the coronavirus outbreak and aims to limit the spread of the virus and to encourage those who need treatment to seek medical help.

Immigration and Customs Enforcement said late Wednesday that its Enforcement and Removal Operations (ERO) will “delay enforcement actions” and use “alternatives to detention” amid the outbreak, according to a notification the agency sent to Congress.

ICE told members of Congress that its “highest priorities are to promote lifesaving and public safety activities.”

[[Mapping the spread of the coronavirus]]

“During the COVID-19 crisis, ICE will not carry out enforcement operations at or near health care facilities, such as hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities, except in the most extraordinary of circumstances,” according to the notification. “Individuals should not avoid seeking medical care because they fear civil immigration enforcement.”

The agency, which is a part of the Department of Homeland Security, did not immediately respond to questions about how many of the approximately 37,000 detainees it has in custody will remain there. Nearly 20,000 in ICE custody have some sort of criminal history, but it remained unclear how many of those people have serious criminal violations in their past.

. . . .

*********

Read the complete article at the link.

Finally, a ray of sanity and humanity from DHS!  Still no definitive word from EOIR.  

Just today, the BIA went to the trouble of disingenuously and stupidly giving DHS authority to detain nearly all asylum seekers, even those who pose neither security nor absconding risks. https://immigrationcourtside.com/2020/03/18/latest-outrage-from-falls-church-bia-ignores-facts-abuses-discretion-to-deny-bond-to-asylum-seeker-matter-of-r-a-v-p-27-in-dec-803-bia-2020/

We’ve actually gotten to the sad point where DHS occasionally acts more rationally than EOIR. Nothing to write home about. But, shows how totally perverted justice has become under Barr and the toadies at EOIR. Also says loads about those in Congress and the Article III Judiciary who have allowed EOIR to continue to heap abuses on migrants in clear violation of the Due Process Clause of our Constitution.

Due Process Forever!

PWS

03-18-20

PWS

🤡🤡POLITICIZED “CLOWN COURTS” BEHOLDEN TO DOJ POLITICAL HACKS CONTINUE TO THREATEN PUBLIC HEALTH IN ADDITION TO ERADICATING DUE PROCESS WHILE FECKLESS CONGRESS AND ARTICLE IIIS LOOK ON !

Josh Gerstein
Josh Gerstein
White House Reporter
Politico

Josh Gerstein reports for Politico:

 

https://www.politico.com/news/2020/03/17/anger-virus-dangers-immigration-courts-134709

Anger builds over virus dangers in immigration courts

After protests, Trump administration makes late-night move to scale back deportation hearings

Prior to the curtailment announced Tuesday night, a spokeswoman for the DOJ unit said: “EOIR continues to evaluate the information available from public health officials to inform the decisions regarding the operational status of each immigration court. “

However, individual scheduled hearings were not covered by the Sunday announcement nor were those for those in detention. “All other hearings proceeding,” the twitter message that night said.

One immigration judge dismissed the limitation announced Sunday as a “drop in the bucket.”

Immigration court participants complained that they were being notified by late-night Twitter posts rather than a more detailed public announcement of how the risks and benefits were being weighed.

“The immigration courts need to close. Period,” said Jeremy McKinney of the American Immigration Lawyers Association. “Most of these hearings can wait in order to put the safety of the public first….Close the courts for a few weeks until screening and proper testing can be done.”

Closing the immigration courts altogether would create thorny issues, particularly for immigrants who are being held in custody. Such a move would likely trigger legal challenges on due process grounds.

However, immigration lawyers said there are workarounds for many of the issues, including handling bond hearings via written filings and conducting hearings by video or teleconference. Video conferencing is already used to beam detainees into hearings in many courts.

Morning Shift

Get the latest on employment and immigration, every weekday morning — in your inbox.

Still, some of the steps being promoted by lawyers for immigrants could be viewed as undermining aspects of the Trump administration’s aggressive enforcement policies.

Immigrant advocates are urging the administration to “parole” into the U.S. asylum applicants sent back to Mexico under the remain-in-Mexico policy. That would be similar to the prior policy that administration officials derided as “catch and release.”

Several court participants said they found it ironic that immigration courts were largely shuttered during a government shutdown last year when their personnel were deemed non-essential, but the same personnel were told this week they are essential and must report to work despite officials at all levels of government urging Americans to remain home if at all possible.

“What is outrageous is that our non-detained courts were shut down for the government furlough, for political reasons,” said Dana Leigh Marks, a San Francisco immigration judge and former president of the judges’ union. “Yet, here we have a health emergency and no action.”

 

 

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

Gee, it’s not like there aren’t thousands and thousands of us out here who have been pointing out for years the outrageous unconstitutionality and threat to our country presented by these “captive courts” under the Trump regime!  It’s also not that they haven’t already killed folks: certainly their politicized misapplication of asylum and other protection laws have done just that! But, do we really have to have them mindlessly spreading an epidemic to have folks take notice!

 

We need regime change in November! We also need a re-examination of the composition of our Article III Judiciary, specifically on the Supremes and Courts of Appeals, to determine why so few Federal Appellate Judges have had the guts and integrity to stand up for the Constitution, the rule of law, and human decency in the time of crisis and in the face of patent Executive incompetence and tyranny. The “institutional failures” go well beyond the continuing farce in the Immigration Courts and the inexcusable failure of the regime to be better prepared for crisis.

Due Processe Forever! Clown Courts Never!🤡🤡

 

PWS

 

03-18-20

ATTENTION NDPA: “CAN’T MISS” ONLINE LEARNING OPPORTUNITY:  THE ONE, THE ONLY, THE FABULOUS JUDGE (RET.) DENISE NOONAN SLAVIN WILL SHARE HER SECRETS FOR LITIGATION SUCCESS! – “Do’s and Don’ts for Demonstrative Evidence in Immigration Court” – MARCH 31, 2020, 1:00 PM EDT – FREE Webcast – “Next Day On-Demand” – Sponsored By Your “Due Process Heroes” @ The National Institute For Trial Advocacy (“NITA”)!

fl-undocumented-minors 2 – Judge Denise Slavin, executive vice president of the National Association of Immigration Judges in an immigration courtrrom in Miami. Mike Stocker, Sun Sentinel

Subject: Do’s and Don’ts for Demonstrative Evidence in Immigration Court   – NITA’s studio71 March Webcast

 

Register for NITA’s upcoming free webcast

 

 

FREE LIVE WEBCAST

Do’s and Don’ts for Demonstrative Evidence in Immigration Court

Presented by:

Judge Denise Slavin

Retired Immigration Judge and President Emerita of the National Association of Immigration Judges (NAIJ)

March
31
10:00am PDT / 1:00pm EDT
Demonstrative evidence – maps, drawings, photos, diagrams – to help demonstrate or illustrate the testimony of a witness is a vastly underutilized litigation tool in immigration court. But immigration court – where the pivotal events have occurred in another country and the witness might not have access to real evidence to corroborate his/her story – is the ideal place for the use of such evidence to assist the Immigration Judge by clarifying testimony and explaining the facts. This webcast will discuss various ways that demonstrative evidence may be useful in immigration court, provide the mechanics or “how to” for using such evidence, and address some special concerns in the for the use of such evidence in immigration court.

 

REGISTER NOW
If you can’t make the live presentation, this webcast will be available to view on demand, beginning the next day.
The National Institute for Trial Advocacy
1685 38th Street, Suite 200
Boulder, CO 80301-2735
Follow NITA’s social accountsTo view our non-discrimination policy, click here

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

What a great chance to learn the “nitty gritty” from former DOJ litigator, labor negotiator, union executive, “Knightess of the Round Table,” and one of “America’s Best Judges”* — Hon. Denise Noonan Slavin. Don’t miss it!

Knjightess
Knightess of the Round Table

*As determined by Courtside’s “Panel of Judicial Experts.”

DUE PROCESS FOREVER! SLOPPY LITIGATION NEVER!

PWS

03-17-20

 

WHERE JUSTICE IS BLIND, DEAF, & REALLY, REALLY DUMB — AMERICA’S COURTS FLUNK CORONAVIRUS TEST — ROBERTS’S FECKLESS LEADERSHIP — AILA CALLS FOR CLOSING ALL IMMIGRATION COURTS!

Mark Joseph Stern
Mark Joseph Stern
Reporter, Slate

https://slate.com/news-and-politics/2020/03/courts-coronavirus-spread.html

Mark Joseph Stern reports for Slate:

For weeks, public health officials have warned that the coronavirus will spread rapidly in the United States but the infection rate could slow with social distancing and severe restrictions on mass gathering. The nation’s judiciary did not listen. Civil, criminal, and immigration courts continued to operate normally, with very few exceptions, until late last week. Even on Monday, after both the president and most governors had declared a state of emergency, a huge number of America’s courts continued to operate, forcing judges, attorneys, litigants, defendants, immigrants, and court staff into close quarters with potentially infected individuals. Conversations with more than two dozen lawyers and court staff (who requested anonymity to avoid professional blowback) across the country reveal a system that is disastrously unprepared for a pandemic—and facilitating the coronavirus’s spread.

Because the American judiciary is so decentralized, there is no single contingency plan that governs all courts in case of an emergency. Most state and federal courts are making up their own rules as they go. All 94 federal district courts and 13 federal appellate courts are scrambling independently to devise a strategy for COVID-19. In many states, individual trial and appeals courts are also struggling to meet their legal obligations without contributing to the spread of the virus. Immigration courts are under the control of the discombobulated and ineffectual Trump administration. So are agencies, like the Social Security Administration, that hold administrative hearings to adjudicate individuals’ access to public assistance. Meanwhile, thousands of jails, prisons, and immigrant detention facilities remain unwilling or unable to meaningfully address COVID-19, putting both detained people and staff at risk of infection. The legal system is actively jeopardizing millions of people’s health and lives.

The legal system is actively jeopardizing millions of people’s health and lives.

State judiciaries’ sluggish response to the crisis was on display Monday in courtrooms around the country. Slate spoke with defense attorneys in Florida, New Jersey, New York, North Carolina, Washington state, and the District of Columbia who witnessed large groups of defendants congregating in courthouses after police arrested them for low-level offenses. Many people had been jailed for at least one night for crimes like driving without a permit and possession of drug paraphernalia. In northern New Jersey, according to an attorney who was present, a prosecutor argued on Monday that defendants are, in fact, safer from the virus behind bars. But a defense attorney in the region told Slate that her clients in jail have no access to soap or toilet paper.

. . . .

As of Monday, federal district courts around the country were still in operation, though many had suspended jury trials. Chief Justice John Roberts, the head of the federal judiciary, has not issued public guidance to these courts, leaving them to fend for themselves. The chief judge of each federal district court must decide when, and if, to shutter completely. Similarly, the chief judge of each federal appeals court must determine how, and if, to hold oral arguments, and how to keep deciding cases in spite of the interruption. The Supreme Court has canceled March’s oral arguments.

Many immigration courts, which are controlled by the Executive Office for Immigration Review at the U.S. Department of Justice, were still operating on Monday too. EOIR cancelled all master calendar hearings on Sunday—these are short hearings, scheduled months or years in advance, that typically begin the deportation process. But courts are still holding other kinds of hearings, except in Seattle, whose immigration court has shut down entirely. According to a DOJ official at the Los Angeles Immigration Court, the agency has failed to provide employees with any meaningful guidance. This official told Slate that last week, a court administrator told staff that COVID-19 is “like the flu” and “not a big deal.” All last week, she said, “people were coming into courtrooms sick.” EOIR was just beginning to develop a telework plan on Monday and was withholding all information about future operations from staff.

An employee at the New York City Immigration Court spoke of similar disarray. This individual told Slate that her supervisor ignored repeated pleas to mitigate the risk of infection to staff. Immigrants with symptoms of COVID-19 have repeatedly appeared in court. When judges canceled hearings for the day to limit exposure to these individuals, this supervisor reportedly expressed anger that they had not simply moved to a different courtroom.

On Sunday, the union representing Immigration and Customs Enforcement prosecutors joined immigration judges and lawyers to call on the Department of Justice to shutter immigration courts entirely. This unprecedented alliance of frequent foes condemned the DOJ’s response as “insufficient” and “not premised on transparent scientific information.” (The agency has yet to answer this letter.)

There are currently more than 50,000 individuals in immigrant detention. There are already coronavirus outbreaks cropping up at these detention facilities. But the government has put forth no comprehensive plan to test and treat patients. The same is true for inmates in state and federal facilities. A defense attorney in King County, Washington—a COVID-19 hot spot—told Slate on Monday that “there is no plan to protect people in jail from coronavirus. People are still held on nonviolent charges, and people are still cycling through on all sorts of minor charges.” As long as police continue to arrest individuals for low-level offenses, these people will be put in jail and then sent to a courthouse. Even if prosecutors decline charges, these individuals may have already been exposed to the virus and could spread it.

. . . .

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

Read the complete article at the link.

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

Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA

 

Here’s the latest from Laura Lynch over at AILA:

The Honorable William P. Barr Attorney General

U.S. Department of Justice

James McHenry

Director

Executive Office for Immigration Review

Matthew T. Albence

Deputy Director and Senior Official

U.S. Immigration and Customs Enforcement

Submitted via email

March 16, 2020

Dear Attorney General Barr, Director McHenry, and Deputy Director Albence,

The American Immigration Lawyers Association (AILA) is writing to follow up on our March 12, 2020 letter requesting that Immigration and Customs Enforcement (ICE) immediately implement procedures for the prevention and management of COVID-19 and our March 15, 2020 statement calling for the emergency closure of the nation’s immigration courts, sent in conjunction with the National Association of Immigration Judges (NAIJ) and the American Federation of Government Employees (AFGE) Local 511 (the Immigration and Customs Enforcement (ICE) Professionals Union).

We appreciate the important measures already taken by the Department of Homeland Security (DHS) and the Department of Justice (DOJ), including the suspension of non-detained master calendar hearings. However, the evolving nature of this crisis demands more aggressive action. Since our initial letter to ICE, President Donald Trump proclaimed that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. States and localities across the country have suspended school, put in place restrictions on the size of gatherings, closed restaurants and bars, and shut down tourist activities.

DOJ and DHS must acknowledge the severity of this pandemic, and take the following steps to protect DOJ employees, DHS employees, respondents, representatives, interpreters, experts, and other immigration court stakeholders, as well as the general public:

• Immediately Close Immigration Courts: DOJ should immediately close immigration courts for a minimum of two to four weeks so that public health officials have an opportunity to test and gain valuable information about who can transmit the COVID-19 virus and to reassess how to ensure a safe environment for immigration court hearings.

AILA Doc. No. 20031666. (Posted 3/16/20)

• Hold Telephonic Bond Hearings and Stipulate to Bond in Writing: DOJ should proceed with fully telephonic bond hearings so that detained individuals who are eligible can be released from custody as soon as possible and allow supporting documents to be faxed and emailed to the appropriate clerk. When possible, ICE OPLA should stipulate to bond in written motions so it is not necessary to hold hearings.

• Cancel ICE Check-Ins: ICE should cancel and/or reschedule all OSUP and/or ISAP appointments that are scheduled for at least the next 60-90 days and extend the same for several months as conditions warrant.

• Immediately Release Anyone With Vulnerabilities from Custody: ICE should immediately release vulnerable populations from ICE custody, including people 60 and over, pregnant people, and people with chronic illnesses, compromised immune systems, or disabilities, and people whose housing placements restrict their access to medical care and limit the staff’s ability to observe them.

• Decrease the Number of People in Detention to Limit Exposure: ICE should liberally use its discretion to release individuals from custody and decrease the overall ICE population, including through the increased use of parole authority, stipulating to bond in written motions, and use of alternatives to detention (with no check-in requirements for thirty days or more).

• Take Proper Care to Prevent Transmission in Custody: ICE should immediately test detainees who exhibit any symptoms and/or present risk factors, as delayed confirmation of cases will necessarily be too late to prevent transmission. ICE should also provide proper hygienic supplies at all ICE detention and check-in facilities, allowing easy access to all detained persons, the population under ICE supervision, and ICE staff. ICE should halt transfers from facility-to-facility and to out-of-state locations in order to prevent the spread of the coronavirus throughout individual states and the U.S.

• Allow Stays of Removal and Other Emergency Motions to Be Submitted Via Mail: ICE should allow requests for stays of removal, and other emergency motions, to be submitted by mail instead of requiring an in-person filing with the applicant present.

• Issue a Blanket Extraordinary Circumstances Exception for One-Year Filing Deadlines: DOJ should issue a blanket extraordinary circumstances exception for asylum one-year filing deadlines that fall from March 1, 2020 (the beginning of the National Emergency) through the reopening of immigration courts.

2

AILA Doc. No. 20031666. (Posted 3/16/20)

• Provide Flexibility on All Deadlines: ICE and DOJ should liberally agree to and/or grant requests to extend filing deadlines based on imposition of remote work, loss of staff, necessity for child, elder, and family care based on school and institutional closures.

• Commit to Flexibly and Favorably Addressing COVID—19-Caused “Age Outs” on a Case-By-Case Basis. In the context of cancellation of removal for nonpermanent residents under INA § 240A(b), the Board of Immigration Appeals has acknowledged its ability to review the particular facts in a case in addressing a respondent’s argument that the age of qualifying relative should be “frozen” prior to the final administrative decision. Matter of Isidro, 25 I&N Dec. 829, 832 (BIA 2012) (rejecting respondent’s contention that age should be locked where there was no “undue or unfair delay” in the course of proceedings); see also Martinez-Perez v. Barr, No. 18-9573 (10th Cir. 2020) (BIA has jurisdiction and authority to interpret cancellation statute in a way that fixes the age of respondent’s daughter in light of undue or unfair delay).

• Stipulate to Relief When Appropriate, Especially in Detained Cases: ICE should stipulate to relief in cases where individual hearings are already scheduled, but must be re-calendared based on COVID-19 disruptions, and where the record in itself demonstrates that the respondent has meaningfully met her burden of proof based on a well-developed record of proceedings and evidentiary submissions that compel a grant of relief from removal.

• Parole Respondents in the Remain in Mexico Program: DHS should parole all respondents in the Remain in Mexico program (also known as MPP) into the U.S. on the date of their scheduled immigration court hearing date and provide them with a new hearing date in a non-detained court. At a minimum, EOIR must work with CBP to issue a new EOIR hearing notice and CBP must provide the respondent with both the new EOIR hearing notice and an MPP tear sheet. If the respondent does not have an MPP tear sheet containing a future U.S. immigration court date, the respondent would be out of status in Mexico and Mexico’s migration institute (INM) will likely refuse to renew the individuals’ temporary status in Mexico.

We respectfully request a response as soon as possible given the emergent circumstances. Please feel free to contact Kate Voigt (kvoigt@aila.org) with questions.

Sincerely,

THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION

CC: Barbara M. Gonzalez, Assistant Director, ICE Office of Partnership and Engagement; Richard A. Rocha, ICE Spokesperson; Lauren Alder Reid, Assistance Director, EOIR Office of Policy.

3

AILA Doc. No. 20031666. (Posted 3/16/20)

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

So, the spread of the coronavirus worldwide was months in the making. Why didn’t Roberts convene a meeting of the Judicial Conference, the Administrative Office, and the ABA to come up with an emergency plan?

Why didn’t EOIR, which has time for endless counterproductive “management” (actually “mismanagement”) nonsense (how about “judicial dashboards” for a mindless waste of time and money?), get together with the NAIJ, ICE, and AILA months ago to develop an emergency response plan for the Immigration Courts? No, the “powers that be” at EOIR were too busy trying to “decertify” the NAIJ with frivolous and unethical litigation.

The recent joint action by the NAIJ, AILA, the ICE union is a prime example of the way in which an Independent Article I Immigration Court, free of DOJ political mismanagement and improper influence, will foster cooperation, implement best practices, further efficiency, and make due process and fundamental fairness realities, not overnight, but certainly over time. https://immigrationcourtside.com/2020/03/15/as-eoir-dithers-immigration-professionals-take-cooperative-action-immigration-judges-prosecutors-and-attorneys-call-for-the-nationwide-closure-of-all-immigration-courts/Due process with humanity and efficiency! The “post-regime future” of an independent Immigration Court holds great promise and unlimited potential for good government and public service if we can only “get there!”

Once this emergency is over, America also needs a top to bottom re-examination of the leadership and administration of our diverse judicial systems. As a whole, they are obviously “not quote ready for prime time” (“NQRFPT”) when it comes to protecting the public or using technology for the common good.

Obviously, at many levels, Federal, State, and Local, we have some of the wrong people serving as judges. First and foremost, the law is about humanity and protecting and saving lives to the greatest extent possible. That’s a fundamental human message that Roberts and many other right wing judicial zealots, out of touch with the needs of the public and wedded to stilted semi-absurdist and contrived interpretations of the law, simply don’t get. America needs better judges, with some empathy, humanity, and common sense! Again, it won’t happen overnight, but we have to start somewhere to get anywhere in the future!

PWS

03-16-20

AS EOIR DITHERS, IMMIGRATION PROFESSIONALS TAKE COOPERATIVE ACTION: “Immigration Judges, Prosecutors and Attorneys Call for the Nationwide Closure of All Immigration Courts” — UPDATE: EOIR HALTS NON-DETAINED MASTERS TILL APRIL 10!

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

United Fron Position on Health and Safety During a Pandemic_

 

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES LOCAL 511

 

Immigration Judges, Prosecutors and Attorneys Call for the Nationwide Closure of All Immigration Courts

Position on Health and Safety of the Immigration Courts During the COVID-19 Pandemic

March 15, 2020

The National Association of Immigration Judges (NAIJ), the American Federation of Government Employees (AFGE) Local 511 (the Immigration and Customs Enforcement (ICE) Professionals Union), and the American Immigration Lawyers Association (AILA) (collectively, “the Organizations”) call for the emergency closure of the nation’s Immigration Courts in adherence with current public health protocols regarding the COVID-19 virus and recognizing the urgency of this public health crisis.

Our nation is currently in the throes of a historic global pandemic. ​The Department of Justice’s (DOJ) current response to the COVID-19 pandemic and its spread is insufficient and not premised on transparent scientific information. The DOJ is failing to meet its obligations to ensure a safe and healthy environment within our Immigration Courts.​ ​No doubt, closing the courts is a difficult decision that will impose significant hardship for those in the Migrant Protection Protocols and detained Respondents. But these are extraordinary times. Respondents who are in detained settings are in a particularly vulnerable situation that warrants specialized considerations. For example, steps should be taken to conduct​ bond redetermination hearings telephonically during this period. We ​support the use of telework which has been advocated by the Administration, and we are ready and able to work to ensure

 priority matters, including detained bond matters where appropriate, are addressed using technological tools wherever possible.

Coordinated through the leadership of the NAIJ, the Organizations urge immediate action to close our courts in light of the broad scope of the health and safety challenges facing our nation and the Immigration Court system. NAIJ proactively called for the DOJ to take the steps necessary to protect the Immigration Judges, the Immigration Court staff, and the public we serve. As of Sunday, March 15th, the DOJ has failed to institute adequate measures to protect our court’s personnel and the public during this public health crisis.

On Friday, March 13th, the DOJ announced that it will close the Seattle Immigration Court and limit the size of some large master docket hearings at ten Immigration Courts in six cities within the United States for four weeks. The Organizations are firmly convinced that this action is woefully insufficient. We applaud the DOJ’s decision to close down the Seattle Court as it recognizes the need to place the health and safety of the community first. However, the DOJ has provided no scientific or reasoned basis to explain why one locale deserves this type of protection, while the Immigration Courts in the rest of the country are being provided with either partial health and safety solutions, or worse, no health and safety precautions at all. The President has now declared a “National Emergency.” Thirty-nine states have declared “State Emergencies.” Some cities have declared “City Emergencies.”

The Immigration Courts need immediate, sensible, rational, scientifically-based health and safety solutions that protect the Immigration Judges, their staff, the contract interpreters, the private bar, the respondents and their witnesses, the security staff, and so many of the other people who make each hearing possible. On Saturday, March 14, NAIJ consulted Dr. Ashish Jha, ​K.T. Li Professor of Global Health at the Harvard T.H. Chan School of Public Health, an internationally recognized expert and ​a leading authority on public health and COVID-19. We asked Dr. Jha to consider our Immigration Court structure and the nature of our hearings at more than 68 locations in cities throughout the United States in light of the current state of infection in our country due to the global pandemic. It is his expert opinion, from an epidemiological perspective, that the Immigration Court should not be holding any hearings at this point. He explained that it is impossible to determine which individuals who attend hearings are ill with COVID-19 virus, and stressed that people can infect others even though they are asymptomatic. He also explained that at this point, because of the lack of testing for COVID-19, we do not know which cities are “hot spots.” In other words, no one can say which cities have more cases of COVID-19 than other cities. Instead, confirmed COVID-19 cases reflects only the availability of testing and not the spread of disease.

In the face of inadequate national testing, Dr. Jha said it is irresponsible to do anything other than close our courts until sufficient testing has been conducted. He estimates that in two to four weeks sufficient testing will have been completed so that epidemiological experts will be able to provide specific, data-based directions for organizations like our courts. He provided his unequivocal opinion that to continue to hold any hearings at any Immigration Court at this time presents a high public health risk.

 Given Dr. Jha’s uncontroverted expertise and studied opinion, we urge the Department of Justice to close the Immigration Courts to ensure the safety of all people involved in the process. Closing the Immigration Courts for the recommended limited period — two to four weeks — will give the public health officials an opportunity to test and gain valuable information about who can transmit the COVID-19 virus and to reassess how best to ensure a safe environment for Immigration Court hearings. Failing to take this action now will exacerbate a once in a century public health crisis.

Now is the time to close the nation’s 68 Immigration Courts for two to four weeks, to protect the health and safety of the Immigration Judges, the Immigration Court staff, and the public that we serve.

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

Horrible situation!

But not surprising to me that the “Old Team” of dedicated professionals from all sides that used to operate at the Arlington Immigration Court prior to this regime has come together again to put America first, promote the public good, and “do the right thing” in the absence of national leadership from the regime. 

Imagine what immigration professionals working together could accomplish if an independent Immigration Court were created to operate cooperatively to serve the common interest — that of making the system work and promoting the common good! Thanks to everyone involved for this extraordinary effort demonstrating fairness, scholarship, timeliness, teamwork, and respect for each other and for humanity!

Also, shows to the “toxic stupidity” of the Trump/Barr attack on Federal employee unions — the only folks in the immigration bureaucracy actually committed to making the system work for everyone.

Due Process Forever! Degradation Of The Public Interest Never!

PWS

03-15-20

 

UPDATE: 11:15 PM EDT.:

Courtside has been informed by an “inherently reliable source” that EOIR has halted all non-detained Master Calendar Hearings until April 10!

PWS

03-15-20

TOO LITTLE TOO LATE FROM EOIR? — In Apparent Response To NAIJ, NGOs, and Dems in Congress, EOIR Closes Seattle & Suspends Master Calendar In 8 Locations — Why Not Just Do What The CDC Recommends & “Go Big?” 

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

From ImmigrationProf Blog:

https://lawprofessors.typepad.com/immigration/2020/03/immigration-court-hearings-delayed-one-court-shut.html

Saturday, March 14, 2020

Immigration court hearings delayed, one court shut

By Immigration Prof

Share

AP exclusive:

WASHINGTON — Seattle’s immigration court will close down as the nation continues to grapple with managing the coronavirus pandemic, and several other large immigration courts will postpone certain hearings for immigrants who are not detained that often involve large groups.

The court in Seattle was temporarily shut down earlier this week over a report of a second-hand exposure to the virus and will remain shut until April 10. Seattle is among the areas hardest hit so far, with a cluster of deaths and dozens sickened. The number of cases in the U.S. was put at around 1,700 Friday, with about 50 deaths. But by some estimates, at least 14,000 people might be infected.

According to a statement obtained by The Associated Press from the Executive Office for Immigration Review, which manages the immigration court system, other courts will remain open where the virus has struck, including Boston, Los Angeles, New York City, San Francisco, Newark, New Jersey, and Sacramento, California. But “master calendar” dates for those who are not detained will be postponed. Those hearings can include dozens of people in a single courtroom.

“The agency continues to evaluate the dynamic situation nationwide and will make decisions for each location as more information becomes available,” according to the statement from EOIR, which is a division of the U.S. Department of Justice.

There are 68 immigration courts nationwide; the others will operate as scheduled but officials with EOIR said they are evaluating and will adjust as needed.

There have been no confirmed cases of COVID-19 within the immigration system, but it’s not clear how frequently tests are being performed, if at all.

———

Associated Press Writer Cedar Attanasio contributed to this report from El Paso, Texas.

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

I suppose some action is better than none.

But, let’s take a more rational and practical look at this. The regime’s own expert, Dr. Anthony Fauci, and other public health experts have been all over the media this weekend with a straightforward message: This is going to get worse before it gets better, so take advance precautions. 

There is a “zero percent” chance that those appearing in Immigration Court have had access to coronavirus testing. Consequently, there is no way of knowing who or how many might be infected.

We also know that a significant number of those appearing in Immigration Court will be seniors or those with pre-existing conditions.

Therefore, closing down the non-detained dockets at all Immigration Courts right now should  be a “no brainer.” There are few, if any, genuine “emergencies” on an out of control “non-detained docket” of over one million cases with hearing dates stretching into 2024 and beyond in some locations.

By moving too slowly, EOIR virtually guarantees that by the time it finally gets around to the inevitable, many individuals and their families, fearing EOIR’s often mindless penchant for “in absentia hearings,” will not get the news in time. They will have already traveled and made arrangements to stay near Immigration Courts. Also, a disproportionate number of those appearing in Immigration Court must rely on public transportation, another health risk in addition to the disruption or curtailing of service in many localities.

Thus, EOIR’s inadequate response, notably released late on Friday when attention was focused elsewhere, combined with the regime’s total lack of credibility on all things immigration, is likely to make things worse.

There are all sorts of reasons why we need an independent Article I Immigration Court with competent, professional management focused on the public good. This is just the latest example of of how politicized, dysfunctional “courts” (that aren’t courts at all, as they are controlled by the prosecutor) hurt America and endanger all of us.

Due Process Forever!

PWS

03-15-20

DEM SENATORS & NAIJ CONTINUE TO “BRING THE HEAT” ON EOIR “CLOWN COURTS” 🤡 🤡 FOR CLUELESS CORONAVIRUS RESPONSE TO DATE! – Two Items From Dan Kowalski @ LexisNexis

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/senators-ask-eoir-about-covid-19-signage-immigration-court-scheduling

 

Mar. 11, 2020 letter from Sen. Elizabeth Warren and Sen. Edward Markey to EOIR Director McHenry:

“…We therefore urge EOIR to require the posting of the CDC signage, in English and Spanish, as well as any other relevant languages, in courtrooms and waiting areas to raise awareness of COVID-19 and how to avoid transmitting and contracting it. In addition, we request answers to the following questions by March 18, 2020:

  1. Why were immigration judges and immigration court administrators instructed to remove the CDC COVID-19 posters? What “authority” did they purportedly lack to place the posters?
  2. Who told Acting Chief Immigration Judge Christopher Santoro to issue the directive? Who in “leadership” was Judge Santoro referring to in his email regarding the posters?
  3. Did EOIR consult with qualified public health authorities before issuing its directive to remove the posters?
  4. Why was the directive reversed? Did negative publicity play any role in the decision?
  5. What steps is EOIR taking to protect immigration judges, support staff, immigrants, attorneys, and the public from the spread ofCOVID-19? A. Are sick employees and members of the public being told to go home? B. Are cleaning and disinfectant supplies being provided to all employees and to members of the public who come to the courts?
  6. How is EOIR coordinating with the rest of the Department of Justice about how to respond to COVID-19? Is it receiving guidance from any other federal agencies, such as CDC?
  7. In light of the public health concerns posed by COVID-19, will EOIR instruct immigration judges to allow immigrant respondents the opportunity to reschedule immigration court proceedings as necessary?”

 

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

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/naij-asks-eoir-to-suspend-non-detained-mchs

 

NAIJ Asks EOIR to Suspend Non-Detained MCHs

NAIJ, Mar. 12, 2020

“… we call on you to suspend all non-detained master calendar dockets for the duration of this public health crisis. Immigration Judges can use cancelled master calendar time to hear individual cases (including addressing the backlog of hundreds of thousands of long-pending cases scheduled for individual hearing) that do not involve unwarranted exposure to large numbers of people in our space-limited facilities. …”

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

Thanks, Dan.

As the situation deteriorates, America’s mismanaged “Clown Courts” 🤡🤡 continue to endanger the public while denying due process and wasting taxpayer money by having no contingency plans in place and failing to issue clear guidance to either their own employees or the public.

But, let the record show that they have plenty of time to develop unneeded and counterproductive “Immigration Judge dashboards,” tie up the system with frivolous litigation to “decertify” the NAIJ, and set up “TV pilot programs” to railroad kids through the Atlanta Immigration Court. All enforcement-related “gimmicks;” no time for due process or the public interest.

But, the record should also document the dereliction of duty by Congress and the Article IIIs for allowing this “clown show” to continue to inflict damage on the American public and our legal system.

Due Process Forever! Clown Courts Never!🤡🤡

PWS

03-13-20

GROUND-BREAKING PROFESSSOR GABRIELA LEON-PEREZ BRINGS THE FULL IMMIGRATION STORY TO UNDERGRADUATES @ VIRGINIA COMMONWEALTH UNIVERSITY (“VCU”) IN RICHMOND, VIRGINIA – Educating America For a Better Future For Everyone By Understanding The Critical Importance Of Immigrants & Social Justice!

VCU
I Speak To Professor Gabriela Leon-Perez’s Class @ VCU, Professor Perez on my left, Richmond Attorney Pablo Fantl on my right
Feb. 20, 2020

 

From VCU News:

 

Immigration course provides VCU students with a better understanding of a national issue

The sociology course, taught by Gabriela León-Pérez, examines the history of immigration and how the current debate ties to the past.

Gabriela León-Pérez’s class, Immigration and American Society, provides students with a more nuanced understanding of the current immigration debate. (Getty Images)

By James Shea

University Public Affairs

https://news.vcu.edu/article/Immigration_course_provides_VCU_students_with_a_better_understanding

Wednesday, March 11, 2020

Immigration has always been a controversial topic in the United States. In the late 19th century, over 2 million Irish immigrated to the U.S. Most were Catholic and that created conflict with the largely Protestant U.S. population. The first comprehensive immigration law, the U.S. Immigration Act of 1882, contained provisions specifically designed to discourage European immigrants.

“This is not the first time the country has had anti-immigration policies, but the scapegoat group has changed over time,” said Gabriela León-Pérez, Ph.D., an assistant professor of sociology at Virginia Commonwealth University who studies immigration policy.

León-Pérez wanted to give her students an understanding of the current immigration debate so she developed a course called Immigration and American Society, which covers the history of immigration and immigration policy and examines where the current debate fits into the past.

“It presents students with a context on the state of immigration today,” León-Pérez said. “A lot of people have opinions about immigration but most of them are not based on facts.”

A class to cut through the noise

When designing the course, León-Pérez wanted to be able to address current events in the news. The course uses some textbooks, but it also incorporates podcasts and blogs. The goal is to have the discussion revolve around the current state of the immigration debate.

“It definitely evolves based on current events,” León-Pérez said. “The first time I taught it was 2018, and there have been a lot of changes since then.”

John Lees, a psychology major, believes the class has given him a better understanding of immigration history. The class specifically looks at the immigration policies of presidents Barack Obama and Donald Trump. Lees believes he now has a well-rounded perspective on the subject.

Yessica Flores, who is majoring in psychology and sociology, signed up for the class because she hears a lot of information about the subject and knew a class would help her cut through the noise.

“We are living in a world where the media is everywhere; where false news is frequent news,” Flores said. “I enrolled in the course with hopes of becoming educated in this area to help educate, inform and encourage others to better understand the reality of immigration within American society.”

As part of the class, León-Pérez teaches students how to find accurate information about immigration. The students learn to access official government data and other reliable sources. (Kevin Morley, University Marketing)
As part of the class, León-Pérez teaches students how to find accurate information about immigration. The students learn to access official government data and other reliable sources. (Kevin Morley, University Marketing)

At the start of the class, León-Pérez teaches students how to find accurate information about immigration. The students learn to access official government data and other reliable sources.

“I try to present both sides of the debate,” León-Pérez said. “I want the students to have a well-rounded understanding of immigration and the debate. I don’t want them to shut down a side of the debate.”

Many students, she has observed, only understand the immigration debate from a particular vantage point. The class is a “light bulb” moment for them, and they realize that immigration is a complicated and nuanced topic. In general, immigration often comes down to economics, León-Pérez said. People against immigration are worried that new residents will take jobs, but people who support immigration say immigrants will do the type of work that many residents will not. Immigrants are looking for opportunity.

“Immigrants tend to complement American workers,” León-Pérez said. “Immigrants tend to work at lower-skilled jobs.”

Protecting due process

León-Pérez brings in guest speakers to enhance the curriculum. In February, she invited retired immigration judge Paul Schmidt. In previous semesters, León-Pérez has invited an immigration attorney as a guest speaker. This time, she wanted students to get the perspective of the person on the other side of the bench.

Schmidt served as an immigration judge from 2003 until he retired in 2016. Before that, he served on the U.S. Board of Immigration Appeals. Since retiring, he has been talking about the state of the immigration courts and the lack of due process given to asylum seekers.

“The immigration courts are going through an existential crisis,” Schmidt told the class.

He understands that people have different opinions about immigration, but the courts must follow a process that protects the due process rights of asylum seekers, he said. The court functions as a division of the Department of Justice and Schmidt believes it is not given the resources to function properly. Everyone within the justice system should share a common interest in seeing the courts functioning in a fair and equitable way, Schmidt said.

Retired immigration judge Paul Schmidt speaks to León-Pérez's class. (Kevin Morley, University Marketing)
Retired immigration judge Paul Schmidt speaks to León-Pérez’s class. (Kevin Morley, University Marketing)

“The immigration court now is structured in such a way that it is nothing more than a whistle stop on the road to deportation,” he said.

Schmidt offered several suggestions to the students on ways to help people who are going through the immigration courts. Immigrants, unlike citizens, are not required to have an attorney. Many do not understand the immigration process. Schmidt said students could volunteer and help them navigate the complex immigration system in the United States.

“You can join the new due process army,” Schmidt said.

Flores said she has found the class to be informative, and has enjoyed the guest lecturers. The class has not necessarily changed her views about the subject but has motivated her to become more involved.

“I have always disliked the way the immigration cases have been handled, especially the ones involving immigrant children,” Flores said. “I must say that my feelings toward being more involved in promoting change and awareness have changed in the sense that I have developed a much greater interest in getting more involved in the form of a future career.”

Subscribe to VCU News

Subscribe to the VCU News newsletter at newsletter.vcu.edu and receive a selection of stories, videos, photos, news clips and event listings in your inbox every Monday and Thursday.

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

And, here’s some information about one of America’s most talented and innovative professors, Dr. Gabriela Leon-Perez, who brings her rich background and scholarly research combined with innovative “student-centered, real life” teaching methods to perhaps the most important and “undertaught” subject in undergraduate, secondary, elementary, and even adult education today! Her teaching incorporates fairness, scholarship, timeliness, teamwork, respect, and lots of self-direction by the students themselves.

Professor Gabriela Leon-Perez
Gabriela Leon-Perez
Assistant Professor of Sociology
Virginia Commonwealth University

 

 

https://sociology.vcu.edu/people/faculty/leon-perez.html

Gabriela León-Pérez, Ph.D.

Education

2018 Ph.D. in Sociology, Vanderbilt University

2015 M.A. in Sociology, Vanderbilt University

2012 M.A. in Sociology, Texas A&M International University

Teaching Areas

Research Methods, Immigration, Health Disparities

Research Interests

International Migration, Internal Migration, Mexico-US Migration, Immigrant Health, Health Disparities

Biography

Gabriela León-Pérez is an Assistant Professor in the Department of Sociology at Virginia Commonwealth University. ​Her research focuses on Mexican internal and international migration, the experiences of immigrants in the United States, and health disparities.

The underlying goal of her research agenda is to clarify the role of social, structural, and contextual factors in creating health and social inequalities, as well as to identify resources that improve the outcomes of immigrants and other marginalized populations. In her most recent project, she investigated the health trajectories of return US migrants, internal migrants, and indigenous migrants from Mexico. Other on-going projects focus on Mexican skilled migration to the US and the effects of stress, legal status, and state immigrant policies on the health and well-being of immigrants. You can read more about her current work on her personal website.

Select Publications

León-Pérez, Gabriela. 2019. “Internal Migration and the Health of Indigenous Mexicans: A Longitudinal Study.” SSM-Population Health 8(August).

Donato, Katharine M., Gabriela León-Pérez, Kenneth A. Wallston, and Sunil Kripalani. 2018. “Something Old, Something New: When Gender Matters in the Relationship Between Social Support and Health.” Journal of Health and Social Behavior 59(3):352-370.

Young, Maria-Elena, Gabriela León-Pérez, Christine R. Wells, and Steven P. Wallace. 2018. “More Inclusive States, Less Poverty Among Immigrants? An Examination of Poverty, Citizenship Stratification, and State Immigrant Policies.” Population Research and Policy Review 37(2):205-228.

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

I’ll lay it on the line. If more Americans, and particularly more potential younger voters, had understood the true role of immigration and refugees in building America’s past and propelling us into an even greater future, and the dangers to them, their classmates, communities, friends, families, and colleagues posed by Trump’s race baiting “Build That Wall” and “Lock Her Up” chants – certainly pages out of the Third Reich and Jim Crow “playbooks,” – then the modest number of additional votes might well have been there to save lives (perhaps those of loved ones) and to preserve our democratic instiutions and justice system from the vicious and corrupt attacks being waged by the Trump regime, its allies, and its enablers.

We could be working together to build a better future for everyone in America, rather than engaged in a desperate struggle to save our nation and our world from authoritarianism, ignorance, wanton cruelty, and environmental and societal degradation. And, unfortunately, the “enablers” include those who don’t agree with Trump but failed to cast a vote for Clinton in the last election. Simple as that. Every vote counts. Elections have consequence. And, defeating Trump and his GOP in November could be our last clear chance to preserve America as a democratic republic!

Following the class, I did a Spanish language radio show with my good friend Pablo Fantl, Esquire, of Richmond, who was kind enough to translate for me.

Due Process Forever!

 

PWS

 

03-12-20