🇺🇸⚖️🗽PROFESSOR CRISTINA RODRIGUEZ @ YALE LAW:  Biden’s Lasting Immigration/Human Rights/Social Justice Reforms & Legacy Will Depend On Replacing 🧹 The Bureaucratic Immigration Kakistocracy 🏴‍☠️☠️🤮 Left Behind By The Regime! — It’s Time For “The EOIR Clown Show” 🤡🦹🏿‍♂️☠️ To Go! — BONUS PWS MINI-ESSAY: “THE BATTLE FOR DUE PROCESS @ JUSTICE ISN’T OVER: Flailing, Failing Department Needs A Bureaucratic House-Cleaning, Now!”

Cristina Rodriguez
Professor Cristina Rodriguez
Yale Law
Photo: Twitter

https://www.washingtonpost.com/outlook/fixing-trumps-damage-to-government-will-take-more-than-executive-orders/2021/01/22/5e3c50f8-5c2d-11eb-8bcf-3877871c819d_story.html

Professor Christina Rodriguez in WashPost:

. . . .

As the Migration Policy Institute has shown, the Trump-era changes to the immigration system numbered in the hundreds and consisted of dramatic reinterpretations of the laws alongside seemingly clerical changes, such as revised application forms for visas, higher fees and tighter deadlines in immigration courts — all to advance a maximalist enforcement agenda and slow down the ordinary gears of immigrant admissions. High-level White House advisers, working with knowledgeable allies in the Homeland Security and Justice departments, pushed out regulation after regulation to render asylum laws more restrictive and make it harder for noncitizens to present their case in immigration courts. Trump’s attorneys general exerted unprecedented authority to define asylum laws to severely limit claims by victims of domestic and gang violence, and to constrain immigration judges’ ability to grant relief and manage their dockets in a way that provides a semblance of due process.

. . . .

And yet, the new administration’s policy agenda will not be complete unless legislative proposals are accompanied by concerted executive action across the administrative state, and not just because ambitious legislation on any issue faces an uphill climb in a Senate with the narrowest of Democratic majorities. Even when it comes to pass, legislation emerges from a bargain, leaving issues unaddressed, introducing new concepts to be interpreted and creating new programs that demand administration. Changing the direction of our government requires not only executive vision, but also multilayered strategies that make their way through the bureaucracy and down to the ground — along with the stamina and patience to see them through.

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

THE BATTLE FOR DUE PROCESS @ JUSTICE ISN’T OVER: Flailing, Failing Department Needs A Bureaucratic House-Cleaning, Now!

By Paul Wickham Schmidt

Courtside Exclusive

Jan. 24, 2021

Read Cristina’s complete article at the link. The book that she and Adam Cox wrote The President and Immigration Law along with that of my friend and colleague Professor Phil Schrag, Baby Jails, should be required reading for all incoming Biden-Harris officials.

A “democracy” that doesn’t understand how it came to run prisons for vulnerable kids and star chambers for legal asylum seekers, and how to end them immediately, can expect little success in achieving social justice, promoting economic equality and prosperity for all, or leading and advocating for democracy abroad. 

It all starts with immigration. I can draw a straight line from the Muslim Ban, to the Roberts’ Court’s disgraceful and cowardly abdication of responsibility to stop it in its tracks (grotesquely undermining the many lower court Federal Judges who had courageously “mapped it out for them”), to GOP politicos running around undermining our free and fair elections, to “magamorons” and other traitor/crazies storming the Capitol. Folks “get” the abdication of moral responsibility and legal accountability when it is delivered by those who should be standing up for democracy.

The failure of career civil servants at all levels to “just say no” and rebel against these outrageous failures of Constitutional governance and simple human decency, combined with a horribly deficient Supremes’ majority that abandoned both legal legitimacy and moral leadership, created a beyond dangerous pattern that came very close to toppling two centuries of the “democratic experiment” and still has the future of our democratic republic “on the ropes.” 

Just look at what happened at the DOJ in the final weeks of the regime! Government officials who knew better settled for “heading off” a President’s treasonous acts rather than exposing them to the public, the Vice President, and leaders of Congress (perhaps other than treacherous co-conspirator Kevin McCarthy) who could have taken action for the immediate removal of this “clear and present threat” to our national security from the office for which he was so completely unqualified. Who knows, they might even have stopped the insurrection!

Look at the failed and ethically vapid Solicitor General’s Office (once, but no longer, one of the “Jewels in the Crown” of Government) that time and time again moved forward to defend unethical and unconstitutional policies before a willing Supremes’ majority based on patently false narratives and obvious pretexts (not very convincingly) concealing the overt racist, White Nationalist agenda of Trump, Miller, and the other neo-Nazis who had seized control of large portions of our governing machinery. Who, with the disgraceful complicity of the Supremes, turned American asylum law from the life-saving humanitarian refuge it was intended to be to instead an ugly weapon of racism, xenophobia, misogyny, child abuse, death, torture, unjust imprisonment, and overall dehumanization of the most vulnerable among us! What’s wrong with this picture? Everything!

Checks and balances and the courage and integrity of a professional career civil service are supposed to halt abuses like this, even in the face of failure of one of our two major political parties and our highest Court to act with integrity and adhere to democratic norms! But, with a few exceptions, courageous folks like U.S. Immigration Judge Ashley Tabaddor, Col. Alexander Vindman, and others like them, it did not happen over the past four years. That nearly cost us our country! (Note that Tabaddor, Vindmin, and others like them were punished, with the disgraceful treasonists from the GOP looking on and actually cheerleading, for speaking out and upholding their oaths of office.) 

Buried in the carnage of the departed regime are the many lives unnecessarily lost, futures ruined, and lasting trauma — trauma that will continue to adversely affect our nation far into the future — caused by failure to stop the kakistocracy’s unconstitutional, cruel, and inhuman abuses. From intentionally inept COVID policies, to “politicizing” masks, to deaths in detention, to unlawful deportations to torture, to unfair, clearly political misapplications of the death penalty (basically “legalized murder”), to officially-sanctioned misogyny — this damage can’t be swept away overnight. 

Like legislative and judicial failures, bureaucratic failure comes at a cost — a huge one! The fact that it might be largely “out of sight, out of mind” to the arrogant, largely white, privileged, ruling elites and ivory tower “High Court” jurists doesn’t mean the harm isn’t real. Just that our society has enabled some in power to look away and avoid meaningful contact with the human wreckage and lasting pain and damage they have caused and or tolerated!

Already, we can see how the Biden-Harris Administration’s inexplicable failure to “take charge” at a broken DOJ is undermining the long-overdue and well-thought-out progressive immigration agenda they announced with such fanfare. Here’s what’s come to light in just the past few days at the broken and dysfunctional DOJ:

  • Seeking the illegal deportation to Haiti of a mentally ill individual denied due process by the EOIR kakistocracy;
  • Failure to repudiate scurrilous, misogynist attacks on well-known refugee woman “Ms. A-B-“ by unqualified then “acting” AG Jeffrey Rosen; 
  • Issuance by the “EOIR Clown Show” of more false narratives and anti-migrant “precedents” — basically delivering the “big, public middle finger” to the new Administration and the AG-designate;
  • Release of a blockbuster investigative report on misogyny and misconduct within the Immigration Judiciary — with no response or plan for corrective action from the DOJ;
  • Appointment of a bunch of bureaucratic nobodies to “caretaker” duties at the DOJ — including one quickly found by reporters — but apparently missed by the incoming Administration — to have had ties to the grotesque child abuse program run by White Nationalist former AG “Gonzo” Sessions;
  • Release by the IG of a report showing the role of Sessions, Rosenstein, and other DOJ officials in “official child abuse” –  without any promise of accountability for past or future misconduct;
  • A treasonous plot by the President, a GOP Congressman, and a corrupt DOJ political hack that, although thwarted, went unreported until uncovered by reporters from The NY Times!

To state the obvious, why weren’t folks with known integrity, courage, and ability — professional decision-makers with track records of upholding our Constitution — like Judge Ashley Tabaddor and her colleagues in the leadership of the National Association of Immigration Judges — put in charge of the DOJ debacle to “ride herd”on this mess, restore some integrity, and prevent any more damage until “Team Garland” arrives? Few folks at Justice know as much about the “inept DOJ bureaucracy and failure of justice at Justice” than the NAIJ leadership which has been “at war” with the kakistocracy for years!

The solutions are still out there. But, it will take boldness, courage, and some “quick thinking outside the box” by “Team Garland” to get this completely (and unnecessarily) unacceptable situation under control!

That begins with an immediate clean-up of the “immigration kakistocracy/bureaucracy” throughout Justice — starting with the “EOIR Clown Shown.” Bring in the immigration/human rights/due process experts and let them start fixing the problems! 

Stop defending the unprofessional garbage being aimlessly tossed into the Federal Courts by the EOIR White Nationalist deportation factory still running under orders from Miller and Hamilton. Have all these cases reviewed by experts in immigration/human rights/due process and racial justice! 

Fire anyone in the SG’s office who presents bogus arguments concerning fake “immigration emergencies” and illegally promulgated “regulations” to the Supremes. End the unethical practice of using one-sided “precedents” to develop anti-immigrant “litigating positions” for OIL. 

Stop appointing unqualified individuals to precious Immigration Judgeships. Remove the entire BIA and replace it with real expert appellate judges unswervingly committed to fundamental fairness and due process for all. Replace “worst practices” with “best practices.” Stop the “Aimless Docket Reshuffling” at EOIR. Cut the largely self-created Immigration Court “backlog.”

Bring in Professor Rodriguez, Professor Schrag, Professor Ingrid Eagly, Judge Dana Marks (who argued and won the landmark Cardoza-Fonseca case before the Supremes), Judge (and former BIA Judge and high-ranking DOJ official) Noel Brennan, Judge Amiena Khan, Judge Mimi Tsankov, Marielena Hincapie (NCIJ), Dean Kevin Johnson (UC Davis Law), and a “due process brain trust” of others like them! Let them start “kicking some tail,” fixing the problems, and restoring sanity, humanity, and due process to the broken immigration kakistocracy at DOJ. Now, before any more lives are lost or futures irrevocably ruined! 

Let “practical scholars” like Rodriguez, Schrag, Eagly, and Johnson “turn their research and great thoughts into action.” “A little less talk, and a lot more action,” as Toby Keith would say!

The NDPA has already shown that it can out-litigate and out-strategize the Government immigration kakistocracy. In many ways, only the abject failure of the Supremes’ majority to stand up for the Constitution, rule of law, and human decency has prevented the NDPA from completely annihilating the kakistocracy, wiping out all of its misdeeds by judicial decree, and perhaps even holding criminals like Miller and Wolf accountable for their “crimes against humanity.” 

Judge Garland is a smart person. The “smart thing” would be to get the “NDPA on the inside at Justice,” creating order from chaos and re-establishing justice @ Justice now! 

Otherwise, smart or not, he’s likely to spend the bulk of his tenure as a “caption” on the never-ending avalanche of new legal actions filed against the deadly immigration bureaucracy by the NDPA. Because, I promise that the fight for due process in immigration and human rights isn’t over! It has just begun! 

There is lots to be gained by working together to solve these problems. But if it takes litigation, continuing conflict, and a never-ending political and press crusade against an Administration I otherwise support to get the job done, so be it!

The battle isn’t over until the kakistocracy is removed, at every level, and due process, fundamental fairness, equal justice, and respect for human dignity — all both Constitutional and human rights — become a reality for all persons in America (including those physically present at our borders) rather than just the cruel, unfulfilled promises they have been to date.

Due Process Can’t And Won’t Wait! Due Process Forever!

PWS

01-24-22

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GO PACK GO!

Green Bay Packers
Green Bay Packers
Aaron Rodgers
Aaron Rodgers
Quarterback
Green Bay Packers
Devante Adams
Devante Adams
Wide Receiver
Green Bay Packers

 

🇺🇸🗽👍🏼😎MAKING AMERICA BETTER, FINALLY: “Mr. Biden has laid out an immigration program that would genuinely put America first.” (WashPost) — No Wonder GOP Anti-American White Nationalists Like Tom Cotton Are Apoplectic & Spouting Their Racist, White Elitist Nonsense!

🇺🇸🗽⚖️

https://www.washingtonpost.com/opinions/bidens-bold-immigration-plan-would-really-put-america-first/2021/01/21/4efa3f42-5a98-11eb-a976-bad6431e03e2_story.html

From WashPost:

Opinion by the Editorial Board

January 21 at 1:57 PM ET

PRESIDENT BIDEN has served notice that his ambitious immigration plan is in the first rank of his priorities. Some of his program will be immediately implementable; some may get bogged down in Congress, where many Republicans will regard it as an occasion to brandish the word “amnesty,” red meat for their bases. No matter. Mr. Biden’s plan is in keeping with the United States’ best traditions. It responds to the challenge of population stagnation. It would reverse his predecessor’s extravagantly cruel policies. And it is now clear that when it comes to immigration, Mr. Biden is all in.

That courageous stance was not necessarily expected or politically expedient. Unity was the new president’s campaign theme and inaugural touchstone, yet few issues are as divisive as immigration. His evident readiness to tap his modest reserves of political capital for a slugfest on immigration is a signal that the United States has returned to its roots as a beacon for refugees and a humanitarian role model among nations.

The plan is also smart. The U.S. population growth rate in the just-ended decade was the lowest since the first national census in 1790, according to the Brookings Institution — lower even than during the Great Depression of the 1930s. The number of Americans below the age of 18 actually shrank in the 2010s, by more than 1 million.

That stagnation, the product of an aging population and historically low fertility rates, cannot be reversed by immigration alone. But it will certainly be exacerbated, and has been in the past four years, by a policy hostile to newcomers. In President Donald Trump’s penultimate year in office, annual net immigration fell below 600,000, the lowest level in decades; it was more than 1 million in the final years of the Obama presidency.

What’s more, by proposing an eight-year path to citizenship for most of the nation’s 11 million unauthorized migrants — the centerpiece of his plan — Mr. Biden is attempting to align law and reality. By 2029, when they would be eligible for citizenship, most will have been in the United States for more than a quarter-century. At least 4 million are essential workers in construction, food processing, groceries, restaurants, agriculture and transportation — doing jobs critical to practically every American.

Mr. Biden is moving quickly where he can — fully reinstating the Obama-era program providing work permits and deportation protection for “dreamers,” young migrants brought to this country by their parents; rescinding Mr. Trump’s 2017 travel ban from majority-Muslim countries; halting construction of the southern border wall; and reining in the Trump administration’s aggressive deportation policies. He has also signaled he will increase annual refugee admissions, which Mr. Trump poleaxed, and scrap a Trump administration rule that denies green cards to immigrants deemed likely to use public benefits such as food stamps.

Other measures will require congressional action. Under legislation Mr. Biden is sending to Congress, green cards conferring legal permanent residency would be granted to dreamers as well as to immigrants from strife- and disaster-wracked nations who have been here for years.

The president is also pushing tougher border security — in recognition that the new administration is not inviting a wave of new migrants, still less amid a pandemic — though not as a precondition for his immigration reforms. His more impactful, long-term strategy to dissuade new waves of illegal immigrants is a concerted aid effort to boost economies and contain crime in Central America.

Mr. Biden has laid out an immigration program that would genuinely put America first.

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

The GOP White Nationalists/Nativists/White Supremacists are shaking in their cowardly boots. Why? 

Because in a diverse meritocracy with equal justice for all and government in the true national interest they would lose their corrupt advantages and disproportionate power over the lives and the future of the majority of Americans who don’t share their repulsive, racist views and did not support their traitor insurrectionist Fuhrer in his attempt to undermine democracy, disenfranchise voters (targeting disproportionately legitimate voters of color for disenfranchisement, while shrugging off the actions, antics, and influence of “magamoron” Q-Anon crazies, conspiracy theorists, and other fringe haters that he and his party relied upon to maintain power), and take over our government by force! 

Four things that the GOP fears above all else: 1) democracy, 2) accountability, 3) equality, 4) truth!

🇺🇸⚖️🗽👍🏼Due Process Forever!

PWS

01-22-21

BIDEN HITS THE GROUND RUNNING — THE U.S. CITIZENSHIP ACT OF 2021 — Includes Immigration Court Reform!

 

🇺🇸⚖️🗽👍🏼

 Embargoed for 5 AM January 20

FACT SHEET:

President Biden Sends Immigration Bill to Congress as Part of His Commitment to Modernize our Immigration System

The U.S. Citizenship Act of 2021 establishes a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere

President Biden is sending a bill to Congress on day one to restore humanity and American values to our immigration system. The bill provides hardworking people who enrich our communities every day and who have lived here for years, in some cases for decades, an opportunity to earn citizenship. The legislation modernizes our immigration system, and prioritizes keeping families together, growing our economy, responsibly managing the border with smart investments, addressing the root causes of migration from Central America, and ensuring that the United States remains a refuge for those fleeing persecution. The bill will stimulate our economy while ensuring that every worker is protected. The bill creates an earned path to citizenship for our immigrant neighbors, colleagues, parishioners, community leaders, friends, and loved ones—including Dreamers and the essential workers who have risked their lives to serve and protect American communities.

The U.S. Citizenship Act will:

PROVIDE PATHWAYS TO CITIZENSHIP & STRENGTHEN LABOR PROTECTIONS

● Create an earned roadmap to citizenship for undocumented individuals. The bill allows undocumented individuals to apply for temporary legal status, with

the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation. After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens. Applicants must be physically present in the United States on or before January 1, 2021. The Secretary of the Department of Homeland Security (DHS) may waive the presence requirement for those deported on or after January 20, 2017 who were physically present for at least three years prior to removal for family unity and other humanitarian purposes. Lastly, the bill further recognizes America as a nation of immigrants by changing the word “alien” to “noncitizen” in our immigration laws.

  1

 Embargoed for 5 AM January 20

● Keep families together. ​The bill reforms the family-based immigration system by clearing backlogs, recapturing unused visas, eliminating lengthy wait times, and increasing per-country visa caps. It also eliminates the so-called “3 and 10-year bars,” and other provisions that keep families apart. The bill further supports familes by more explicitly including permanent partnerships and eliminating discrimination facing LGBTQ+ families. It also provides protections for orphans, widows, children, and Filipino veterans who fought alongside the United States in World War II. Lastly, the bill allows immigrants with approved family-sponsorship petitions to join family in the United States on a temporary basis while they wait for green cards to become available.

● Embrace diversity. ​ The bill includes the NO BAN Act that prohibits discrimination based on religion and limits presidential authority to issue future bans. The bill also increases Diversity Visas to 80,000 from 55,000.

● Promote immigrant and refugee integration and citizenship. ​The bill provides new funding to state and local governments, private organizations, educational institutions, community-based organizations, and not-for-profit organizations to expand programs to promote integration and inclusion, increase English-language instruction, and provide assistance to individuals seeking to become citizens.

● Grow our economy. ​This bill clears employment-based visa backlogs, recaptures unused visas, reduces lengthy wait times, and eliminates per-country visa caps. The bill makes it easier for graduates of U.S. universities with advanced STEM degrees to stay in the United States; improves access to green cards for workers in lower-wage sectors; and eliminates other unnecessary hurdles for employment-based green cards. The bill provides dependents of H-1B visa holders work authorization, and children are prevented from “aging out” of the system. The bill also creates a pilot program to stimulate regional economic development, gives DHS the authority to adjust green cards based on macroeconomic conditions, and incentivizes higher wages for non-immigrant, high-skilled visas to prevent unfair competition with American workers.

● Protect workers from exploitation and improve the employment verification process. ​The bill requires that DHS and the Department of Labor establish a commission involving labor, employer, and civil rights organizations to make recommendations for improving the employment verification process. Workers who suffer serious labor violations and cooperate with worker protection agencies will be granted greater access to U visa relief. The bill protects workers who are victims of workplace retaliation from deportation in order to allow labor agencies to interview these workers. It also protects migrant and seasonal workers, and increases penalties for employers who violate labor laws.

PRIORITIZE SMART BORDER CONTROLS

 2

 Embargoed for 5 AM January 20

● Supplement existing border resources with technology and infrastructure. ​The legislation builds on record budget allocations for immigration enforcement by authorizing additional funding for the Secretary of DHS to develop and implement a plan to deploy technology to expedite screening and enhance the ability to identify narcotics and other contraband at every land, air, and sea port of entry. This includes high-throughput scanning technologies to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning. It also authorizes and provides funding for plans to improve infrastructure at ports of entry to enhance the ability to process asylum seekers and detect, interdict, disrupt and prevent narcotics from entering the United States. It authorizes the DHS Secretary to develop and implement a strategy to manage and secure the southern border between ports of entry that focuses on flexible solutions and technologies that expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated and broken out by Border Patrol Sector. To protect privacy, the DHS Inspector General is authorized to conduct oversight to ensure that employed technology effectively serves legitimate agency purposes.

● Manage the border and protect border communities. ​ The bill provides funding for training and continuing education to promote agent and officer safety and professionalism. It also creates a Border Community Stakeholder Advisory Committee, provides more special agents at the DHS Office of Professional Responsibility to investigate criminal and administrative misconduct, and requires the issuance of department-wide policies governing the use of force. The bill directs the Government Accountability Office (GAO) to study the impact of DHS’s authority to waive environmental and state and federal laws to expedite the construction of barriers and roads near U.S. borders and provides for additional rescue beacons to prevent needless deaths along the border. The bill authorizes and provides funding for DHS, in coordination with the Department of Health and Human Services (HHS) and nongovernmental experts, to develop guidelines and protocols for standards of care for individuals, families, and children in CBP custody.

● Crack down on criminal organizations.​ The bill enhances the ability to prosecute individuals involved in smuggling and trafficking networks who are responsible for the exploitation of migrants. It also expands investigations, intelligence collection and analysis pursuant to the Foreign Narcotics Kingpin Designation Act to increase sanctions against foreign narcotics traffickers, their organizations and networks. The bill also requires the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA) and DHS, in coordination with the Secretary of State, to improve and expand transnational anti-gang task forces in Central America.

ADDRESS ROOT CAUSES OF MIGRATION

 3

 Embargoed for 5 AM January 20

● Start from the source. ​The bill codifies and funds the President’s $4 billion four-year inter-agency plan to address the underlying causes of migration in the region, including by increasing assistance to El Salvador, Guatemala, and Honduras, conditioned on their ability to reduce the endemic corruption, violence, and poverty that causes people to flee their home countries. It also creates safe and legal channels for people to seek protection, including by establishing Designated Processing Centers throughout Central America to register and process displaced persons for refugee resettlement and other lawful migration avenues—either to the United States or other partner countries. The bill also re-institutes the Central American Minors program to reunite children with U.S. relatives and creates a Central American Family Reunification Parole Program to more quickly unite families with approved family sponsorship petitions.

● Improve the immigration courts and protect vulnerable individuals. ​The bill expands family case management programs, reduces immigration court backlogs, expands training for immigration judges, and improves technology for immigration courts. The bill also restores fairness and balance to our immigration system by providing judges and adjudicators with discretion to review cases and grant relief to deserving individuals. Funding is authorized for legal orientation programs and counsel for children, vulnerable individuals, and others when necessary to ensure the fair and efficient resolution of their claims. The bill also provides funding for school districts educating unaccompanied children, while clarifying sponsor responsibilities for such children.

● Support asylum seekers and other vulnerable populations.​ The bill eliminates the one-year deadline for filing asylum claims and provides funding to reduce asylum application backlogs. It also increases protections for U visa, T visa, and VAWA applicants, including by raising the cap on U visas from 10,000 to 30,000. The bill also expands protections for foreign nationals assisting U.S. troops.

###

4

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Great start!

Sure, it’s just a proposal, not enacted legislation. But, it paves the way to rapidly eliminate the 1.3 million case Immigration Court backlog largely engineered by the departed kakistocracy. Just take all the cases of those who would be covered by “earned legalization” off the dockets pending legislative action. That would immediately allow the Immigration Courts to work in “real time” on cases of asylum applicants, criminals, and those who arrive after Jan. 1, 2021.

The separate E.O. on eliminating institutionalized racial injustice should spell the “end of the line” for EOIR (mis)management, the BIA, DHS (mis)management, and most of the hierarchy of the Solicitor General’s Office, the Office of Immigration Litigation, the Office of Legal Counsel, the Office of Legal Policy, the Office of Legislative Affairs and all other parts of the DOJ involved in the “Dred Scottification” of immigrants, asylum seekers, African Americans, and other persons of color. The money saved by ending the absurd “border wall stunt” can be put to better use in reforming the immigration system and promoting universal representation of those in Immigration Court.

Sure, there will be pushback. But racist fascism, White Nationalism, and anti-democracy activism must be eliminated from the Executive Branch, starting on Day 1. Time to start taking names and kicking tail of those who aided and abetted the White Nationalist insurrection.

Due Process Forever!

PWS

91-20-21

🇺🇸🗽⚖️FLASH: BIDEN ANNOUNCES LEGALIZATION PLAN: Important Step In Rapidly Eliminating Unnecessary Immigration Court Backlog, Ending “New American Gulag,” Restoring & Enhancing Due Process, Transitioning To Independent Immigration Court — Quick End To Toxic, Dysfunctional “EOIR Clown Show”🤡🦹🏿‍♂️ In Sight? 

https://apple.news/Aw4kuHzfCQEuY_Kbk8FmoLg

From the LA Times:

During his first days in office, President-elect Joe Biden plans to unveil a legislative proposal that would include a path to citizenship for 11 million immigrants in the U.S. illegally, according to activists in communication with his transition team.

By CINDY CARCAMO, ANDREA CASTILLO, MOLLY O’TOOLE

January 16, 2021

During his first days in office, President-elect Joe Biden plans to send a groundbreaking legislative package to Congress to address the long-elusive goal of immigration reform, including what’s certain to be a controversial centerpiece: a pathway to citizenship for an estimated 11 million immigrants who are in the country without legal status, according to immigrant rights activists in communication with the Biden-Harris transition team.

The bill also would provide a shorter pathway to citizenship for hundreds of thousands of people with temporary protected status and beneficiaries of Deferred Action for Childhood Arrivals who were brought to the U.S. as children, and probably also for certain front-line essential workers, vast numbers of whom are immigrants.

CALIFORNIA

DACA changed a generation of California immigrants. These are some of their stories

In a significant departure from many previous immigration bills passed under both Democratic and Republican administrations, the proposed legislation would not contain any provisions directly linking an expansion of immigration with stepped-up enforcement and security measures, said Marielena Hincapié, executive director of the National Immigration Law Center Immigrant Justice Fund, who has been consulted on the proposal by Biden staffers.

. . . .

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

Read the full story at the link.

This will present Judge Garland and Vanita Gupta @ DOJ with a timely, outstanding opportunity to get rid of the “EOIR Clown Show🤡,” replace it with a functioning expert judiciary 🧑🏽‍⚖️👨🏻‍⚖️⚖️ and competent judicial administrators, get the vast bulk of these cases off the largely “manufactured” backlog, and get the Immigration Courts and the BIA operating at or near “real time.”

That, in turn will give a new group of expert judges at the BIA, with practical asylum and human rights backgrounds, a chance to implement the fair, generous, consistent interpretation of asylum law intended under the Refugee Act of 1980 and to institute a fair and efficient U.S. asylum system that will serve humanity, honor and exemplify Constitutional due process, and advance our national interests.🗽🇺🇸

Should be a win-win-win for the country and refugees provided that the right, progressive, “steeped in due process and fundamental fairness” judicial talent is put in place to lead and direct the “new EOIR.” No more “Clown Show!” 🤡No more “Amateur Night at the Bijou!” 🤹 Time to give the immigration and human rights experts, a new generation of “practical scholars,” the chance to solve problems and lead the now-broken Immigration Courts to better days!

Not surprisingly, the current “Clown Show” 🤡 and “band of malicious incompetents”🦹🏿‍♂️ @ EOIR “management” are totally out of step — and actually mocking — the direction the Biden Administration is taking on immigration and asylum, even as their time runs out. At a minimum, that warrants immediate reassignment to jobs where they can do no further damage to the American justice system and those who rely upon it. For some who have actually aided and abetted the “human rights criminals” in the DOJ kakistocracy and squandered public resources on illegal gimmicks, further action and accountability could be necessary and appropriate down the line!

Due Process Forever!

PWS

01-16-21

😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸

Trump Dumping Asylum Seekers in Hondiras
Dumping Asylum Seekers in Honduras
Artist: Monte Wolverton
Reproduced under license
Amanda Holpuch
Amanda Holpuch
Reporter
The Guardian

 

Erika Pinheiro
Erika Pinheiro, Litigation & Policy Director, Al Otro Lado, speaks at TEDSalon: Border Stories, September 10, 2019 at the TED World Theater, New York, NY Photo: Ryan Lash / TED, Creative Commons License

https://www.theguardian.com/us-news/2021/jan/01/family-detention-still-exists-immigration-groups-warn-the-fight-is-far-from-over?CMP=Share_iOSApp_Other

Amanda Holpuch reports from the Gulag for HuffPost:

. . . .

The Centers for Disease Control and Prevention (CDC) bars asylum seekers and refugees from the US under an order called Title 42. People who attempt to cross the border are returned, or expelled, back to Mexico, without an opportunity to test their asylum claims. More than 250,000 migrants processed at the US-Mexico border between March and October were expelled, according to US Customs and Border Protection data.

The situation is dire. Thousands of asylum-seekers are stuck at the border, uncertain when they will be able to file their claims. The camps they wait in are an even greater public health risk that before.

Outside the border, Al Otro Lado has fought for detained migrants to get PPE and medical releases. Prisons are one of the worst possible places to be when there is a contagious disease and deaths in the custody of US immigration authorities have increased dramatically this year. They have also provided supplies to homeless migrants in southern California who have been shut out of public hygiene facilities.

Pinheiro said there will be improvements with Trump out of office, but some of the Biden campaign promises to address asylum issues at the border will be toothless until the CDC order is revoked. It’s a point she plans to make in conversations with the transition team.

A prime concern for advocates about the Biden administration is that it will include some of the same people from Barack Obama’s administration, which had more deportations than any other president and laid the groundwork for some controversial Trump policies.

While it is a worry for Pinheiro, she has hope that the new administration will build something better. “I would hope a lot of those people, and I know for some of them, have been able to reflect on how the systems they built were weaponized by Trump to do things like family separation or detaining children,” she said.

Family separation, which has left 545 children still waiting to be reunited with their parents, was a crucial issue for many voters and Pinheiro hopes that energy translates to other immigration policies.

“How did you feel when your government committed the atrocity of family separation in your name?” Pinheiro said. “The next step is really understanding that similar and sometimes worse atrocities are still being committed in the name of border security and limiting migration.”

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

Read the complete article at the link.

I totally agree with Erika Pinheiro that there is no excuse for the continuing violations of our Constitution, statutes, international obligations, and simple human decency. The regime’s policies are nothing more than “crimes against humanity” thinly disguised as “law enforcement,” “national security,” and  “public health” (from a regime whose “malicious incompetence,” cruelty, and callous intentional undermining of medical advice during the pandemic have contributed to the unnecessary deaths of tens of thousands of Americans).

Even more disgracefully, the Supremes and other Federal Courts have failed in their Constitutional duty to stand up to the abusers and hold the regime’s scofflaw “leaders” (to where, one might ask?) accountable. What’s the purpose of life-tenured judges who lack the training, wisdom, ethics, and most of all courage to enforce the legal and human rights of the most vulnerable against lawless, dishonest, and fundamentally cowardly “Executive bullies” hiding behind their official positions? Not much, in my view! There are deep problems in all three branches of our badly compromised and ailing Government!

I have also spoken out on Courtside against the dangers of putting the same failed Dem politicos who thoroughly screwed up immigration policy, and particularly the Immigration Courts, back in charge again. I agree with Erika’s hope that some of them have gained wisdom and perspective in the last four years. But, why rely on the hope that those who failed in the past have suddenly gotten smarter, when there are “better alternatives” out there ready to step in and solve the problems?

Why not put in place some talented new faces from the NDPA with better, more progressive ideas, tons of dynamic energy, and the demonstrated willingness and courage to stand tall against bureaucratic tyranny? Give them a chance to solve the problems! Erika looks like one of those who should be solving problems and implementing better immigration policies “from the inside” in the Biden-Harris Administration!

The “deterrence only paradigm” that has driven our border enforcement policies over the past half century has been a demonstrable failure, both in terms of law enforcement and the unnecessary and unjustifiable human carnage that it has caused. Why keep doing variations on discredited policies and expecting better results?

We know that ugly, racist rhetoric, jailing families and kids in punitive conditions, weaponizing courts as enforcement tools, suspending the rule of law, denying hearings, and even summarily, illegally, and immorally returning asylum seekers to death won’t stop folks from fleeing unbearable conditions in their native countries! They will continue to seek protection in America, even in the face of predictable abuses, life-threatening dangers, and little chance of success in a system intentionally “gamed” to mistreat and reject them while denying their humanity.

Desperate people do desperate things. They will continue to do them even in the face of inhuman abuses inflicted by those whose better fortunes in life have not been accompanied by any particular compassion, understanding of the predicament of others, or recognition of an obligation to abjure the power to bully and torment those less fortunate in favor of addressing their situations in a fair, reasonable, and humane manner.

Human migration is far older than nation states, zero tolerance, baby jails, family incarceration, biased judging, national selfishness disguised as “patriotism,” and border walls. It has outlasted and outflanked all of the vain attempts to artificially suppress it by force and gimmicks. It’s time for some policies that recognize reality, see its benefits, and work with the flow rather than futilely in opposition to it.

It’s past time to look beyond the failures of yesterday to progressive solutions and new leadership committed to solving problems while enhancing justice, respecting human dignity, and enhancing human rights (which, in the end, are all of our rights)!

 

Due Process Forever!⚖️🗽🇺🇸 Same old, same old never!

Happy New Year!😎👍🏼

PWS

O1-01-21

DEMS NEED TO STOP REPEATING THE BOGUS 🤥 NARRATIVES ABOUT THE (LARGELY SELF-CREATED & OVERBLOWN) “SOUTHERN BORDER CRISIS:” Channeling “Courtside,” Yale Schacher Sets Forth A Plan For Using Experts To Not Only Reinstitute But Drastically Improve Due Process ⚖️🗽🇺🇸 For Asylum Seekers! — It’s NOT Rocket 🚀 Science!

Yael Schacher
Yael Schacher
Historian
Senior U.S. Advocate
Refugees International

https://www.refugeesinternational.org/reports/2020/12/17/building-better-not-backward-learning-from-the-past-to-design-sound-border-asylum-policy

Introduction

President-elect Biden has promised a broad array of reforms that would impact refugees, asylum seekers, and other forced migrants. He has indicated he will restore Temporary Protected Status, place a moratorium on deportations, and end prolonged detention and for-profit detention centers. These are all crucially important to the safety and security of migrants and their families in the United States and other countries, especially in the Western Hemisphere. President-elect Biden has also promised to end the Trump administration’s policy of making asylum seekers “remain in Mexico” while awaiting hearings in U.S. immigration court.

However, in recent weeks, a flawed and fatalistic view of migration to the U.S. southern border has taken hold in some media accounts and reports. It goes like this: President Trump’s Remain in Mexico (or MPP) policy has created a logistical and humanitarian crisis at the southern U.S. border that, despite President-elect Biden’s promises, will be very difficult to undo. Further, a combination of pull and push factors (especially in the wake of hurricanes in Central America) will lead to increased migration to the southern U.S. border this spring such that President-elect Biden will have little choice but to keep the border sealed under an order from the Centers for Disease Control and Prevention (CDC), as he attempts to deal with COVID-19 in border states and fulfill other immigration policy promises—including uniting families the Trump administration ripped apart two years ago.

There are several problems with this line of argument, many of which are addressed in this report. Most fundamentally, keeping the border sealed and migrants waiting in Mexico will perpetuate serious abuses. Family separations and other violations of human rights, as well as violations of U.S. law, will continue to occur under a Biden administration that does not implement new policies at the border. Recently, MPP and the CDC border closure have exacerbated smuggling and trafficking at the border, as well as other forms of abuse against migrants. For example, the CDC order has led to the repatriation of Nicaraguan dissidents as well as the return of a sexually abused Guatemalan child.  It has also led asylum seekers to try to cross undetected in remote desert areas. Further, unwinding MPP and allowing asylum seekers to ask for protection at the border is not only the right thing to do, but also feasible with the proper planning. Indeed, it presents the incoming administration with an opportunity to rethink migration management, especially for those seeking asylum, and to implement a new screening process that is both more humane and more efficient.

President-elect Biden has invoked President Franklin Delano Roosevelt—healer, rebuilder, and practical problem solver—as a model. During World War II, Roosevelt planned and devoted significant resources to resolving the largest displacement crisis the world had ever known. This planning was part of an effort to ensure that what happened in 1939 to the S.S. St. Louis—a ship of asylum-seeking Jews turned away by the United States and other countries—would not occur again.  

During his first week in office, President-elect Biden should issue an executive order on border asylum policy that departs dramatically from that which President Trump put forth during his first week. President Biden’s executive order should give asylum seekers access to the border and provide for cooperation with border states and shelters to safely and humanely receive asylum seekers. It should allocate resources to alternatives to detention, including case management, and to improved adjudication of asylum claims in immigration courts, especially through provision of legal services. It should also commit to ending practices associated with expedited removal of asylum seekers that have resulted in abuses, and to the use of parole to unwind MPP. Finally, through revocation of Trump administration decisions, regulations, and policies, as well as through settlement of lawsuits and the withdrawal of appeals to federal courts regarding these policies, the executive order should commit to restoring asylum eligibility to those who have fled persecution but have been denied or prevented from obtaining protection. 

In taking such action, President-elect Biden would be fulfilling not only his campaign promises but the commitment he made when he voted for Senate passage of the Refugee Act of 1980. That law, supported by large majorities of both parties, promised to ensure fair access to asylum at the border 

This report shows why it is imperative that the Biden administration do this rather than keep us mired in a policy framework that does not work and that has led to a cycle of crises. It does so by looking back to a momentous time of transition about thirty years ago. With the Cold War ending, the United States had to rethink its assumptions about who merited refugee status. Only a handful of refugee resettlement slots in the U.S. Refugee Program were allotted to Central Americans, and the United States had not yet developed clear procedures for effectively handling asylum seekers at the southwestern border. Rather than acknowledge the forces pushing people northward, U.S. policymakers adopted a paradigm that was focused primarily, if not exclusively, on deterrence. This is a paradigm that we are still in today.

At different points over the past thirty years, humanitarian and constructive policies have tempered the harshness of this paradigm, and such policies have also brought benefits in terms of cost and efficiency. These policies need to be adapted and scaled up. But they also need to be placed within a welcoming framework that does not presume asylum seekers are a threat. Instead of devoting tremendous resources to a futile and rights-violating attempt to block those already on the move, we have to try to better understand the drivers of migration, which, for Central Americans, include corruption, poverty, insecurity, and violence.  We must devote resources instead to humanely receiving asylum seekers and adjudicating their claims fairly. We also have to stop assuming that the best place to manage admissions of all Central Americans seeking protection is at the border.

The Deterrence Paradigm 

The deterrence paradigm has been implemented repeatedly using the same counterproductive strategies.

. . . .

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

Read the rear of Yael’s article at the link.

👍🏼👍🏼👍🏼👍🏼👍🏼⚖️🗽🇺🇸

Folks like my Round Table 🛡⚔️ colleague Judge Paul Grussendorf and I have been “preaching” for an abandonment of the unlawful, inhumane, incredibly wasteful, and demonstrably ineffective “deterrence paradigm.” 

The skill set to establish a lawful, better, humane, efficient asylum system, consistent with our Constitutional, statutory, and international obligations is out there, mainly in the private/NGO/academic communities. I/O/W the “practical scholars, litigators, and advocates” in the NDPA.

It’s a just a question of the incoming Biden/Harris Administration getting beyond the “enforcement only” mentality, personnel, and White Nationalist nativist thinking that currently infects the entire USG immigration bureaucracy, at all levels. Replace the current failed leadership with experts from the NDPA and empower them to work with other experts in the private sector to institute a better system that would be no more costly, likely less, than the current “built to fail” abominations that not only waste resources but destroy human lives and are an ugly stain on our national conscience!

I also appreciate Yael’s recognition of the pressing and compelling need to “end the Clown Show 🤡🦹🏿‍♂️☠️@ EOIR:”

Immigration Court Reform

EOIR policies during the Trump administration have been at odds with principles of due process and judicial independence. These include the imposition of numeric case completion quotas and docket management policies that deprive asylum seekers of procedural protections; appointment of judges who almost exclusively come from prosecutorial backgrounds (especially working at DHS and in law enforcement); promotion to permanent positions on an expanded BIA of judges with asylum denial rates much higher than the national average; and procedures that limit the ability of claimants to effectively appeal their cases. The Biden administration should conduct an urgent review of EOIR hiring practices and immigration court procedures and develop recommendations for regulatory or structural changes consistent with the protection needs of asylum seekers.

 

The critical “urgent review” should be done by a “Team of Experts from the NDPA” brought in on an immediate temporary basis, if necessary, in accordance with Federal Personnel Rules, to replace the current Senior “Management” @ EOIR as well as the entire BIA. There’s no better way to fix the system than to take over management, restore fairness and order, and get inside the current disastrous mess @ the Clown Show 🤡🦹🏿‍♂️! Importantly, the “Team of Experts” with effective operational control could immediately begin fixing (and conversely stop aggravating and creating) the glaring problems while putting the structure and personnel in place for long-term reforms.

Lives ☠️⚰️ are at stake here! We need ACTION, not merely study and evaluation. “Fixing the system on the fly” may be challenging, but it’s perfectly within the capabilities of the right team of NDPA experts! Dems often prefer study and dialogue to effective actions. As Toby Keith would say: We need “a little less talk and a lot more action.”

(Toby Keithhttps://www.google.com/search?q=%22a+little+less+talk+and+a+lot+more+action&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari)

Due Process Forever!  It’s NOT rocket 🚀 science!

PWS

12-30-20

ROUND TABLE CHAMPION 🛡⚔️JUDGE PAUL GRUSSENDORF SPEAKS OUT FROM PERSONAL EXPERIENCES ON REGIME’S IMMIGRATION ATROCITIES, ☠️🤮⚰️ URGENT NEED FOR PRACTICAL HUMANITARIAN REFORMS — “The sham is that no law enforcement body in the country, federal or state, has a zero tolerance policy, simply because no one has the resources to detain, charge, prosecute, adjudicate and jail all offenders. (This stark reality is in fact the reason for the plea bargaining system in criminal court).”

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Star Chamber Justice
“Justice”
Star Chamber
Style
Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license
Trump Dumping Asylum Seekers in Hondiras
Dumping Asylum Seekers in Honduras
Artist: Monte Wolverton
Reproduced under license
Hon. Paul Grussendorf
Hon. Paul Grussendorf
U.S. Immigration Judge (Ret.)
Member, Round Table of Former IJs
Author
Source: Amazon.com

https://paulgrussendorf-19333.medium.com/trumps-asylum-immigration-policies-must-be-rolled-back-82de743ab175

Trump’s Asylum & Immigration Policies Must be Rolled Back

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Paul Grussendorf

6 days ago·17 min read

“Stephen Miller, the self-hating white nationalist who has dictated this administration’s immigration policy from the beginning, was once a staffer for then-Senator Jeff Sessions. Miller subscribes to the ‘white replacement’ or ‘white genocide’ theory that the brown-skinned migrant hordes will replace the superior descendants of Western civilization if not stopped.”

In 2016, after a legal career of 30 years in refugee and asylum protection, including eight years as a federal refugee officer and seven years as an immigration judge, I accepted a position in the Arlington, Virginia asylum office as a Supervisory Asylum Officer. I had tremendous respect for the U.S. asylum program and I knew from experience that most asylum officers choose the job as a humanitarian calling; their ranks include many attorneys and individuals with graduate degrees, with experience in the Peace Corps and other humanitarian backgrounds. And I can affirm that Asylum Officers have the hardest job of any immigration officers in USCIS-United States Citizenship and Immigration Services, due to the complex and ever-changing asylum law, and the nature of the intensive interviews.

The law enforcement side of our immigration system is exercised by ICE — Immigration and Customs Enforcement, a sub-agency of DHS that was created, along with Department of Homeland Security, in 2003 after the tragedy of 9/11. ICE officers are hired from a completely different profile of applicants and receive much less training in the humanitarian aspect of immigration law. The equivalent at the border is CBP — Customs and Border Protection.

The Netflix Series Immigrant Nation, airing in August 2020, exposes how, soon after Trump’s ascendancy to the presidency, he and his nativist cronies put into place a series of executive measures designed to practically eliminate refugee admissions; to curtail and eventually eliminate access to our asylum system; and even to severely reduce lawful migration to the United States. Virtually all of these executive measures are unlawful, in conflict with our nation’s immigration statute and in violation of our international treaty obligations, and even demonstrably harmful to the economic well-being of the U.S. They have all been challenged in court and practically every such executive measure has been deemed unlawful by federal district and appellate courts, yet the anti-immigrant juggernaut sails on. Recently the GAO — Government Accounting Office, an independent body, declared that, according to the Federal Vacancies Reform Act the current Acting Directors of both DHS, Chad Wolf, and USCIS, Ken Cuccinelli, were unlawfully appointed, and presumably every edict that they have issued since their appointments this past year will also be deemed unlawful.

One of the first ignoble acts of the administration’s new appointee to head U.S. Citizen and Immigration Services, Director Lee Cissna, was the removal of this truism from the agency’s mission statement: “America is a Nation of Immigrants.” Why would the head of the agency that receives all applications for visas, both temporary and permanent, and for asylum and refugee protection choose to redact such seemingly innocuous and self-evident verbiage from the agency’s mission statement?

In the same time frame the Department of Housing and Urban Development, headed by Trump’s appointee Ben Carson, removed the words “inclusion” and “free from discrimination” from its mission statement. We’ve seen in history how totalitarian regimes try to control the dialogue within their populace by changing and sanitizing language, including the use of language within federal institutions.

When this White House requested a study to map the net costs of refugees, conducted by the Department of Health and Human Services, and the results showed a net benefit to the economy over a period of ten years of $63 billion, the White House buried the study. https://www.nytimes.com/2017/09/18/us/politics/refugees-revenue-cost-report-trump.htm

Simultaneously the administration was implementing the so-called Muslim ban against citizens and residents of seven mostly-Muslim countries out of supposedly national security reasons. No one has ever explained why Saudi Arabia, the home of 15 of the 19 9/11 bombers, was not included in the list. (Saudi Arabia is also the home of the Al Qaeda sympathizer who shot up the Naval Air Station at Pensacola,Florida Air Base in December, 2019, killing three sailors and wounding eight.)

In the early days of this administration there was much hype over the “migrant caravans” composed mostly of Central Americans from the “northern triangle” countries, El Salvador, Honduras and Guatemala, that were “invading” our country — the old “barbarian hordes” trope that is a favorite of every totalitarian regime. In fact the numbers of each such “caravan” for the most part would easily fit inside a typical college stadium. (Current demographics demonstrate that even if we admitted all of them as potential workers and residents, the U.S. would still experience labor shortfalls in the near future and they would not supplant the decline of our native-born population.)

In the final months of 2016, I traveled with a group of asylum and refugee officers to San Salvador where we interviewed and vetted minors who were requesting refugee protection because of threats to themselves and their families by the ruthless MS-13 and 18th Street gangs. The children we spoke with or their parents had all received such threats as, “Either you work for us or you and your parents will be dead next week,” or “Give me your daughter or you have two days to leave the country.” And they all knew neighbors or close relatives who had died when such threats were ignored. We felt gratified knowing that we were granting these kids a lifeline of resettlement to the U.S.. I would only hope that any American father or mother, if ever faced with such a choice by a credible threat, would have the courage and means to flee across borders in order to protect their children, just as those parents joining the caravans with their children have chosen to do.

The new administration ordered a halt to such in-country interviews and even the resettlement of the cases we had already approved for travel. Its spokesmen have continuously and falsely characterized such asylum applicants as fraudsters who are gaming the system. The administration’s first morally challenged Attorney General, Jeff Sessions, claimed there was a conspiracy of corrupt attorneys who are manufacturing all of their stories. Believe me, they are not manufactured. All credible international reporters, including our own State Department, rebut the claim that such migrants are merely seeking jobs in the U.S. International reports affirm that some gangs in El Salvador are able to maintain such power and territorial control that they exercise the functioning equivalent of State authority, making it impossible for potential victims to resist their demands.

Sessions even admonished the assembled group of immigration judges at a conference, telling them they must not let their humanitarian impulses interfere with some fictitious mandate to deport as many applicants as possible. (Stephen Miller, the self-hating white nationalist who has dictated this administration’s immigration policy from the beginning, was once a staffer for then-Senator Jeff Sessions. Miller subscribes to the “white replacement” or “white genocide” theory that the brown-skinned migrant hordes will replace the superior descendants of Western civilization if not stopped.)

Jeff Sessions also chose to meddle in the administration of the immigration courts, in such a bungling manner that his mandated reforms achieved the opposite of his goal to reduce backlogs. By restricting the ways in which immigration judges can control their own docket, such as eliminating a judge’s ability to place a case on hold or “administratively close” a case while collateral legal action is ongoing in the migrant’s case, and by taking away ICE trial attorneys’ discretion to agree to grants of compelling cases, backlogs blossomed by the tens of thousands — within the two and a half years of this administration from approximately 500,000 to currently one and a half million.

The Netflix film crew obtained unprecedented access to ICE and CBP operations in the making of their series. I have trained asylum officers at the Federal Law Enforcement Training Center at Glencoe, Georgia, featured in the first episode of the Netflix series, and I have supervised asylum officers at the ICE family detention centers in Texas featured in the first episode. And I experienced, along with my colleagues, the devastating effects of the administration’s continuing attempts to deter refugees from coming to our southern border through abuse and cruelty, the so-called family separation policy. It is telling to see how many ICE and CBP officers and supervisors conceded, on camera, that the deterrence of ripping children from their parents’ arms upon arrival at the border is cruel and inhumane and un-American, but they felt compelled to follow the orders because “it’s the law.”

The so-called Zero Tolerance policy that was advanced by retired Marine General Kelly, first DHS Secretary and later White House Chief of Staff, and AG Sessions was a sham from the get-go. An impossible task, launched for public consumption and to create the impression that only by locking up all unlawful border crossers could any order be returned to the enforcement of our laws. The sham is that no law enforcement body in the country, federal or state, has a zero tolerance policy, simply because no one has the resources to detain, charge, prosecute, adjudicate and jail all offenders. (This stark reality is in fact the reason for the plea bargaining system in criminal court). In my career I observed how the U.S. Attorney’s Offices in Washington, D.C., and in San Diego, would, within their discretion, “no-paper” cases they considered too minor or insignificant to prosecute, saving their powder for bigger game. This was also the policy that the Obama Administration, under guidance of then DHS Secretary Janet Napolitano, established as ICE policy, when ICE agents and prosecuting attorneys were advised to let the low-hanging fruit go, such as hard-working but undocumented laborers, and concentrate instead on serious felons for apprehension and removal. The admitted consequences of this administration’s Zero Tolerance policy was to require all migrants be detained and prosecuted. Since children cannot be detained in an adult facility, they were to be separated from their parents, in order to achieve the maximum of trauma and pain upon the children and their parents. The trauma itself was to be a deterrent to future unlawful crossers, by “sending a message” not to come to the U.S. The notorious photos of kids in cages have tarnished our international reputation and provided talking points for terrorists.

Netflix film crews accompanied agents on raids in multiple locations, when the Zero Tolerance policy initially led to mass inland roundups. The cameras recorded agents blatantly lying to targets about who they are and their authority to enter private dwellings and arrest suspects without criminal arrest warrants, clear violations of the Fourth Amendment. We see numerous ICE veterans, and even FODs-Field Office Directors — lamenting the new ‘catch everyone’ policy, knowing from experience that such tactics are inhumane and bound to fail in the long run.

We see a gung-ho ICE public affairs officer trying to convince the Field Office Director of the Charlotte, North Carolina office to lie in a press briefing and indicate that 90% of the migrants detained in a community-wide sweep have criminal records; the FOD twice corrects him that the correct figure is 30–35%, meaning the remaining 70% are harmless field workers, hotel employees, construction workers or single mothers with U.S. citizen children.

Even though political appointees such as DHS Secretary Kirsjten Nielsen and AG Sessions were willing to blatantly lie to Congress about the motivation and consequences of such cruel policies, they were still tossed out by the president when the reality on the ground impaired their ability to achieve deportation numbers sufficient to satisfy the Nativist in Chief. Ultimately it took an even more barbaric policy, the Migrant Protection Protocol (MPP), another unlawful executive order, to force legitimate asylum seekers to remain on the Mexican side of the border while their cases were piling up in the bureaucracy. MPP is Orwellian double-speak, because the migrants, rather than being protected, are being sent into circumstances where they are easy prey for cartels targeting them and are notoriously subject to kidnappings, rapes, robberies and murders. No migrant being forced to wait for months in tents or temporary shelters along the border is safe.

Most disappointing to me as a Supervisory Asylum Officer was how management at the Arlington Asylum office, as soon as the MPP operating instructions came down in early 2019, was so willing to coerce asylum officers into violating their oaths to uphold the Constitution and the laws of the U.S. At an internal meeting with management and the asylum officers, supposedly to hash out the ground rules of this new MPP program, one of my officers complained that he felt both ethically and morally conflicted for the first time in his career, knowing that forcing asylum seekers to wait in Ciudad Juarez, one of the most dangerous cities in the world, was a violation of his oath and his training to offer protection to asylum seekers.

I wondered how our managers could justify to themselves the cruel and unlawful policies they were insisting that their subordinates carry out. Were they hoping that the federal courts would soon overturn the blatantly illegal policy and they would thus be off the hook? Were they thinking that at least they, as a federal officer with some limited power, were better than whoever might replace them if they were to resign? I’m sure that is how many attorneys and jurists, working within totalitarian regimes, justify their collaboration and acceptance of policies that are dehumanizing and deadly. When they were asked by their subordinates for justification they threw up a disingenuous wall of semantics, and when asked what procedures Customs and Border Protection were following in the context of MPP, they were told, “We believe CBP knows how to do their jobs.” Basically, just shut up and do what we tell you to do.

I was one of the first supervisors sent to oversee our officers conducting the new MPP screening interviews at the San Ysidro border crossing south of San Diego. Under the new guidelines the migrant must demonstrate to the asylum officer that it is “more likely than not” that they would meet serious harm if forced to wait for many months in Mexico until returning for an audience in front of an immigration judge, in order to be exempted from the requirement of waiting in Mexico. One of my very conscientious officers decided to refer for protection a young Guatemalan woman who had been held captive in an apartment in Tijuana by her domestic partner and brutalized and assaulted, and then viciously stalked when she fled from the dwelling. She should be allowed to remain in the U.S. pending her court date because it was clearly too dangerous for her to return to where her tormentor could easily locate her. I reviewed the interview notes and consulted with my officer and I agreed that it was a good case for protection. We informed CBP and our chain of command of the decision. The next day I received a call from the Deputy Director of the Arlington Asylum office., Jennifer Rellis. I was told that we had to be very careful with our assessments of the MPP cases because the “front office” had eyes on these cases. I was instructed to overturn our decision and to deny the young woman protection. And I was instructed that, going forward, any time I was inclined to approve any of my officers’ decisions to grant protection, I must first have one of my managers also review and sign off on it. There was no such requirement if we decided to deny protection to an applicant. Thus a presumption was created that we should deny protection in our MPP adjudications, a reversal of all of our training as asylum and refugee officers, and a blatant violation of our own statute and of U.N. refugee guidelines. In the following months this presumption against protection has continued to be enforced.

I wondered how Ms. Rellis could live with herself in so callously stripping me of my discretion to afford protection to legitimate refugees, given her training as a humanitarian lawyer. I’m sure if asked, she would argue we have no choice but to comply, and we can still protect asylum seekers within the limits of this new program. But there was no articulable reason why she would order me to enact an unlawful presumption of ‘not qualified’ where none exists in our asylum statute, regulation, case law, or international refugee law. The fact that such managers, whom we had always believed were motivated by their own humanitarian commitments, would so enthusiastically fall in line with a blatantly unlawful program caused great distress among the ranks of asylum officers. Many of my colleagues sought reassignment to other divisions within USCIS or even left the agency altogether. When I received that phone call I also began making arrangements to leave what had become a compromised agency.

Only months after I departed in June, the much-beloved Director of the Asylum Division was reassigned by the unlawfully appointed Acting USCIS Director Ken Cuccinelli to a management position in an uncontroversial department of USCIS. It was conceded that he had lamented to his asylum officers in an internal e-mail that it was unfortunate that the troops were being asked to adjust to these new policies with no forewarning or opportunity to adequately train.

It is remarkable that American Federation of Government Employees Union Local 1924, the union that represents asylum officers, has submitted “friend-of-the-court” briefs in numerous lawsuits against the administration’s attempts to implement the MPP program and otherwise curtail and dismantle the asylum program; and that Union Local 1924 President Michael Knowles has testified before Congress in opposition to such policies.

Jeff Session’s replacement AG William Barr has shown himself willing to continue the dismantling of our asylum program. He issued an edict that immigration judges would no longer have the discretion to grant bonds to asylum seekers in custody — clearly another attempt to discourage applicants from seeking shelter in the U.S. through the use of cruelty. This is an issue that is especially dear to my heart, as it has always been my principle that no asylum applicant should remain detained a day longer than necessary for routine administrative procedures. In fact, I testified before the Senate Judiciary Committee in 2013, at a time that comprehensive immigration reform was optimistically expected to be passed, in favor of granting immigration judges additional authority to issue bonds. My proposal wound up in the Senate’s draft legislation, which regretfully was never even taken up by the House. (In a meeting with Senator Marco Rubio’s immigration staffer I was assured that “the Senator is behind your proposals 100%.” During his subsequent presidential campaign in 2016 Rubio claimed he had never been in favor of comprehensive immigration reform). Again, several weeks after Barr’s edict against bond, a federal court blocked Barr’s draconian and heartless ban on conditional release from custody of asylum seekers from taking effect.

From the earliest campaign rallies in 2016, Trump has used fear and hatred of others to divide Americans and energize his base. The forefathers of most European Americans gained entry to the U.S. in exactly the same fashion as all those “illegal aliens” at our southern border; by showing up and asking for admission, at Ellis Island, at a time when there were no immigration controls in place other than routine screening for communicable diseases. Today the vast majority of Americans would not qualify for admission if measured against the standards this administration is trying to implement.

I was a refugee officer in the field at the time of the current President’s election. My colleagues and I were already conducting “extreme vetting” on Syrian, Iraqi, Somali, and numerous other populations, in conjunction with security resources of the CIA, FBI, Defense Intelligence Agency and Pentagon, years before this President decided to use fear as a means of control. My last assignment at the Refugee Affairs Division in 2015, before transferring to the asylum program, was to assist in the heightened vetting of all Syrian applicants at headquarters. Ironically, it is demonstrable that, on average, Syrian and Iraqi migrants to the U.S. are among the highest educated migrants in sciences and technology.

Refugee Admissions Decimated

During the last year of the Obama administration, in the context of the worst international refugee crisis since the end of the 2nd World War, the Obama administration asked that the Refugee Affairs Division increase refugee admissions from the already admirable number of 90,000 in fiscal year 2016 to 110,000 for 2017. However, on the heels of the Muslim ban came the new administration’s pronouncement that rather than 110,000, in fiscal year 2017 the program would be suspended for the rest of the year, thus grounding all refugee officers. . In 2018 the admissions was capped at 45,000 refugees, and it was determined that a ceiling of 30,000 admissions would be set for 2019. At a time when the U.S. should have been manning the bulwarks of refugee protection (Germany received a million refugees in 2015, comparable to the U.S. taking in 4 million) the U.S. effectively withdrew from the field, sending the signal that the U.S. no longer considers itself a leader in the world for refugee protection. A ceiling of 18,000 was set for fiscal year 2020, and this amount was only agreed to after push back from the Pentagon in reference to promises we had made to allies and interpreters working with our troops in the field in Irag, Afghanistan and Syria.

In 2018 Director Cissna also made the shocking announcement that USCIS would close all of its overseas offices, passing numerous tasks onto the State Department and domestic offices. The offices, established over a period of decades in such countries as Kenya, Ghana, South Africa, China, South Korea, Thailand, Mexico and Peru, primarily function as facilitators for family unity and refugee operations. Perhaps the first time that a federal bureaucracy has voluntarily given up turf, but in line with the administration’s seeming loathing for family unity.

The Myth of Skilled Migration

When then Chief of Staff General Kelly, formally DHS Secretary, disparagingly pronounced that most Central American migrants are “rural” migrants, as though of less value than presumably better educated “urban” migrants from white European countries, I took personal offense. My grandfather Grussendorf migrated with his family from a rural village in Lower Saxony, Germany at the end of the 19th Century at a time when there were no immigration controls at Ellis Island. He settled in the farming community of Grand Rapids, Minnesota, where he ran a farm and begat five children, one of whom became a high school math teacher; one became a state judge, one opened a nursery in Duluth, and one, my father, became a highly decorated Marine colonel, former company commander at the WWII landings at Saipan, Iwo Jima, and Okinawa. (I was born at Camp Pendleton). The state judge’s children included Cousin Benny Grussendorf who became Speaker of the House in the Alaskan Legislature. My father’s children included a Navy Captain and minister, a Navy enlisted man and transportation professional; a political activist, and an immigration judge. My brother the Navy Captain’s children include an Air Force flight surgeon and base hospital director; a veterinary, and a multi-lingual translator with her own business in France. All of these offspring were imbued with strong “rural” family values. That’s how migration works.

The idea of skilled-based migration, to be administered by a point system involving education, employment background, and language skills, isn’t all that bad in and of itself. Our close alleys Canada, the U.K., Australia and New Zealand all administer a version of this skills-based migration. The problem is the suggestion to eliminate family-based migration, when clearly the vast majority of our nation’s people, including the President’s own family, have benefited from it. The better idea is to double the current admissions level of permanent residents, half to be drawn from a skills-based system. It is the unnaturally low numbers of annual permanent resident admissions that is partly responsible for the log-jam of our immigration system, in today’s world where there is such an interest in immigration to the U.S., and given that our otherwise native-born population is in decline.

We must recognize that the recent surge at our southern border is not some kind of existential challenge to the nation’s existence, as seen in a vacuum, but rather only one component of the world-wide refugee crisis, a symptom of wars and world-wide insecurity. The long-term solution to any refugee crisis is always peace and prosperity in the country/region that is generating the refugees. Only peace and stability in Syria and northern Africa can allay the human waves of refugees into Europe. Only a Marshal-type program for the northern triangle countries, coupled with short term humanitarian protection for those fleeing eminent death, can resolve the crisis at our southern border.

And finally, regarding the present state of the U.S. Immigration Court system under this white nationalist administration, I’d like to quote my friend and colleague, Judge Paul Schmidt:

Once upon a time, there was a court system with a vision: Through teamwork and innovation, one of the world’s best administrative tribunals guaranteeing fairness and due process for all. Two decades later, that vision has become a nightmare. (…)

Today, the U.S. Immigration Court betrays due process, mocks competent administration, and slaps a false veneer of “justice” on a “deportation railroad” designed to evade our solemn Constitutional responsibilities to guarantee due process and equal protection. It seeks to snuff out every existing legal right of migrants. Indeed, it is designed specifically to demean, dehumanize, and mistreat the very individuals whose rights and lives it is charged with protecting.

It cruelly betrays everything our country claims to stand for and baldly perverts our international obligations to protect refugees. In plain terms, the Immigration Court has become an intentionally “hostile environment” for migrants and their attorneys.

https://immigrationcourtside.com/ tag: Good Litigating in a Bad System

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

Thanks, Paul my friend and colleague.

As Paul points out, beyond all of the regime’s racism, illegality, and immorality that has already been exposed in the media, the deep corruption, cowardice, and cruelty of those carrying out the program is simply stunning! It’s precisely how authoritarian, anti-democracy, illiberal regimes of the past like Nazi Germany, Soviet Russia, and Mao’s China operated. 

Inflicting “trauma for deterrence” on vulnerable humans is a “war crime” and a “crime against humanity,” plain and simple — regardless of the unlikelihood that regime’s many “perps” will be brought to justice within their lifetimes.

To those who doubt it, when the pandemic subsides, take a tour of the Holocaust Museum. The disgraceful conduct of the German judiciary and civil service is eerily similar to what Paul describes at DHS and EOIR.

We also must remember that despite being well-aware of the Trump/Miller racist-motivated immigration agenda, and the patent falseness of the legal and factual pretexts cooked up by the regime and its ethically challenged lawyers to provide “thin cover” for illegality and inhumanity, a Supremes’ majority improperly intervened to overrule lower Federal Courts and “greenlight” gratuitous cruelty and abuses of humanity! This process, known as “Dred Scottification” (“dehumanization of the other”) has carried over into the Supremes’ majority’s disgraceful  mistreatment of African Americans, Hispanic Americans, and other minorities in our society. It’s one of the key reasons why we have actually moved further away from racial equality and racial harmony in our society since the advent of the far-right judiciary.

Paul also exposes one of the biggest “shams” advanced by the racist right and their congressional supporters: That we must build an Immigration Court capable of deporting everyone in the U.S. without authorization. To state the obvious, this would be a practical impossibility, as well as an economic and social disaster — destabilizing industries and communities throughout the U.S., at a high cost, with no overall benefit.

It’s insane to charge the Immigration Courts with deporting everyone! That inevitably leads to mindlessly and exponentially increasing the number of judges without thinking about the training, support, technology, and wise policies necessary for them to operate successfully, fairly, and efficiently. Moreover, at some point, aimlessly increasing the number of judges without fixing the disgraceful deficiencies in the current system merely adds to the chaos, disorder, and the gross inconsistencies for which the system has become notorious. 

Obviously, the system must be fixed before a rational decision can be made on whether or not to expand it. Fixing the current system also lays the important groundwork for the necessary creation of an independent Article I Immigration Court.

No, the answer is to invest in fixing the current system to get it operating, as it originally was intended, as a high quality, modern, efficient court system that guarantees fairness and due process for all. 

With approximately 500 Immigration Judges already on board (not, of course, all the best qualified judges to carry out the mission — but that’s a problem for later), the reasonable annual capacity of the system is around 250,000 (500 judges x 500 cases/year) to 300,000. That means that more than one million of the current “deadwood” cases currently being warehoused on the EOIR docket by politicos at EOIR and DHS with no practical plan in place for ever completing them, must be removed and returned to DHS. 

That’s actually a job for a new, non-racist, professional DHS. But, given past spotty to downright contemptuous performance by DHS field officials, the Immigration Judges must be given strong authority to, where necessary, close and remove cases even in the face of DHS opposition. 

This means, of course, reversing “Gonzo Apocalypto” Sessions’s absurdly wrong decision in Castro-Tum. But, return to the prior status-quo is not enough! The BIA and the Immigration Judges must be empowered to take even more aggressive actions to close cases when necessary to do justice and to force the DHS to respect and comply with docket capacities. 

Then, as Paul suggests, like all other law enforcement agencies in the U.S., DHS enforcement must be required to develop strategies and prioritize cases in a manner that will not exceed the 250,000 per year capacity of the Immigration Courts. A large scale legalization program for those already here, a much more robust overseas asylum program, particularly in the Northern Triangle, and more “user friendly” legal programs to bring in needed workers, on either a temporary or permanent basis, would be great starting points to “rationalizing” the immigration system.

We thereby could end “Aimless Docket Reshuffling” as it has been practiced and expanded by DOJ & DHS politicos for the past two decades while taking the pressure off the Immigration Courts to do anything other than their only and only mission: through teamwork and best practices, guaranteeing fairness and due process for all who come before these courts. 

The key to making this happen: Immediate disempowerment of the deadly ongoing “Clown Show” 🤡☠️⚰️  in EOIR  “management” and at the BIA and replacing them with members of the NDPA: experts in asylum law, due process, practical scholarship, problem solving, and best practices. Then, and only then, will we see the restoration and progressive advancement of due process and humanity in the disgracefully broken U.S. Immigraton Courts. Without immediate EOIR reform, there can and will be no “equal justice for all” in the U.S. justice system! And, that’s bad news  for all of us! 

Due Process Forever!

PWS

12-02-20

FROM THE HEIGHTS OF KASINGA TO THE DEPTHS OF AMERICA’S DEADLY STAR CHAMBERS: Will The Biden Administration Tap The New Due Process Army To Fix EOIR & Save Our Nation? 

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

FROM THE HEIGHTS OF KASINGA TO THE DEPTHS OF AMERICA’S DEADLY STAR CHAMBERS: Will The Biden Administration Tap The New Due Process Army To Fix EOIR & Save Our Nation?

By Paul Wickham Schmidt

Retired U.S. Immigration Judge

Courtside Exclusive

Nov. 12, 2020

I.  INTRODUCTION — ABROGATION OF ASYLUM LAWS IN THE FACE OF EXECUTIVE LAWLESSNESS & RACIAL BIAS IS A NATIONAL DISGRACE

In Matter of Kasinga, I applied the generous well-founded fear standard for asylum established by the Supreme Court in Cardoza-Fonseca to reach a favorable result for a female asylum applicant. It was based on a particular social group of women of the tribe who feared persecution in the form of female genital mutilation, or “FGM.” I sometimes think of this as the “high water mark” of asylum law at the BIA.

Since then, proper, generous application of asylum laws to serve their intended purpose of flexibly, fairly, and consistently extending protection to those facing persecution has been steadily declining. The Trump Administration essentially overruled Cardoza-Fonseca and abolished asylum law without legislative change.

Both Congress and the Court have failed to stand up to this egregious abuse of the law, constitutional due process, and simple human decency that presents a “clear and present danger” to our nation’s continued existence.

Indeed, the performance of the Court in the face of the Administration’s overt assault on asylum has been so woeful as to lead me to wonder whether any of the Justices, other than Justice Sonia Sotomayor, have actually read the Cardoza-Fonseca decision. Certainly, most of them have failed to consistently and courageously carry forth its spirit and to grapple with their legal and moral responsibility for letting a lawless Executive trample the constitutional and human rights, as well as the human dignity, of the most vulnerable among us.

How did we get to this utterly deplorable state of affairs and what can the Biden Administration do to save us? Will they act boldly and courageously or continue the tradition of ignoring abuses directed against asylum seekers and the deleterious effect it has on our society and the rule of law?

I guarantee that racial justice and harmony will continue to elude us as a nation unless and until we come to grips with the ongoing abuses in the Immigration Courts — “courts” that no longer function as such in any manner except the misleading name!

II.   BACKGROUND

To understand what has happened since Kasinga, here’s some background. In U.S. asylum law, there generally has been an “inverse relationship” between geography and success. The further your home country is from the U.S., the more generous the treatment is likely to be.

Thus, folks like Kasinga from Togo, or those from Tibet, Ethiopia, China, or Eritrea, with relatively difficult access to our borders, tend to do relatively well. On the other hand, those from Mexico, Haiti, Central America, and South America, who have easier access to our borders, tend to be treated more restrictively.

This reaction has been driven by a hypothesis with limited empirical support, but which has been accepted in some form or another by all Administrations, regardless of party, since the enactment of the Refugee Act of 1980. That is, the belief that human migration patterns are driven primarily by the policies and legal regimes in prosperous so-called “receiving countries” like the U.S.

Thus, generous and humane asylum policies will encourage unwanted flows of asylum seekers across international borders. And, of course, we all know that nothing threatens the national security of the world’s greatest nuclear superpower more than a caravan or flotilla of desperate, unarmed asylum seekers and their families trying to turn themselves in at the border or to the Border Patrol shortly after arrival.

Conversely, restrictive policies including rapid, unfair rejection, border turn-backs, mass detentions, criminal sanctions, family separation, denials of fair hearings, walls, border militarization, and hostile, often racially and religiously charged rhetoric, will cause asylum seekers to “stay put” thus deterring them and reducing the number of applications threatening our national security. In other words, encourage legitimate asylum seekers to “perish in place.” Often, these harsh policies are disingenuously characterized as being, at least partially, “for the benefit of asylum seekers” by discouraging them from undertaking dangerous journeys and paying human smugglers only to be summarily rejected upon arrival.

This “popular hypothesis” largely ignores the effect of conditions in refugee sending countries, including both geopolitical and environmental factors. For example, the current migration flow is affected by the practical difficulties of travel in the time of pandemic and by economic failures and cultural and political changes resulting from unabated climate change, not just by the legal restrictions that might be in place in the U.S. and other far-away countries.

It also factors out the “business narratives” of human smugglers designed to manipulate asylum seekers in ways that maximize profits under a variety of scenarios and to take maximum advantage of mindlessly predictable government “enforcement only” strategies.

Indeed, there is plenty of reason to believe that such policies serve largely to maximize smugglers’ profits, extort more money from desperate asylum seekers, but with little long-term effect on migration patterns. The short-term reduction in traffic, often hastily mischaracterized as “success” by the government, probably reflects in part “market adjustments” as smugglers raise their rates to cover the increased risks and revised planning caused by more of a particular kind of enforcement. That “prices some would-be migrants out of the market,” at least temporarily, and forces others to wait while they accumulate more money to pay smugglers.

It also likely increases the number of asylum seekers who die while attempting the journey. But, there is no real evidence that four decades of various “get tough” and “deterrence policies” — right up until the present — have had or will have a determinative long term effect on extralegal migration to the U.S. It may well, however, encourage more migrants to proceed to the interior of the country and take “do it yourself” refuge in the population, rather than turning themselves in at or near the border to a legal system that has been intentionally rigged against them.

Regardless of its empirically questionable basis, “deterrence theory” has become the primary driving force behind government asylum policies. Thus, the fear of large-scale, out of control “Southern border incursions” by asylum seekers has driven all U.S. Administrations to adopt relatively restrictive interpretations and applications of asylum law with respect to asylum seekers from Central America.

Starting with a so-called “Southern border crisis” in the summer of 2014, the Obama Administration took a number of steps intended to discourage Central American asylum seekers. These included: use of so-called “family detention;” denial of bond; accelerated processing of recently arrived children and adults with children; selecting Immigration Judges largely from the ranks of DHS prosecutors and other Government employees; keeping asylum experts off the BIA; taking outlandish court positions on detention and the right to counsel for unrepresented toddlers in Immigration Court; and dire public warnings as to the dangers of journeying to the U.S. and the likelihood of rejection upon arrival.

These efforts did little to stem the flow of asylum seekers from the Northern Triangle. However, they did result in a wave of “Aimless Docket Reshuffling” (“ADR”) at the Immigration Courts that accelerated the growth of backlogs and the deterioration of morale at EOIR. (Later, Sessions & Barr would “perfect the art of ADR” thereby astronomically increasing backlogs, even with many more judges on the bench, to something approaching 1.5 million known cases, with probably hundreds of thousands more buried in the “maliciously incompetently managed” EOIR (non)system).

Success for Central American asylum applicants thus remained problematic, with more than two of every three applications being rejected. Nevertheless, by 2016, largely through the heroic efforts of pro bono litigation groups, applicants from the so-called “Northern Triangle” – El Salvador, Honduras, and Guatemala – had achieved a respectable approval rate ranging from approximately 20% to 30%.

Many of these successful claims were based on “particular social groups” composed of battered women and/or children or family groups targeted by violent husbands or boyfriends, gangs, cartels, and other so-called “non-governmental actors” that the Northern Triangle governments clearly were “unwilling or unable to control.”

III.   CROSSHAIRS

Upon the ascension of the Trump Administration in 2017, refugee and asylum policies became driven not only by “deterrence theory,” but also by racially, religiously, and politically motivated “institutionalized xenophobia.” The initial target was Muslims who were “zapped” by Trump’s so-called “Muslim ban.” Although initially properly blocked as unconstitutional by lower Federal Courts, the Supreme Court eventually “greenlighted” a slightly watered-down version of the “Muslim ban.”

Next on the hit list were refugees and asylees of color. This put Central American asylum seekers, particularly women and children, directly in the crosshairs.

In something akin to “preliminary bombing,” then Attorney General Jeff Sessions launched a series of false and misleading narratives against asylum seekers and their lawyers directed at an audience consisting of Immigration Judges and BIA Members who worked at EOIR and thus were his subordinates.

Without evidence, Sessions characterized most asylum seekers as fraudulent or mala fide and blamed them as a primary cause for the population of 11 million or so undocumented individuals estimated to be residing in the U.S. He also accused “dirty immigration lawyers” of having “gamed” the asylum system, while charging “his” Immigration Judges with the responsibility of “assisting their partners” at DHS enforcement in stopping asylum fraud and discouraging asylum applications.

IV.    THE ATTACK

While not directly tampering with the “well-founded fear” standard for asylum, with Sessions leading the way, the Administration launched a three-pronged attack on asylum seekers.

First, using his power to review BIA precedents, Sessions reversed the prior precedent that had facilitated asylum grants for applicants who had suffered persecution in the form of domestic abuse. In doing so, he characterized them as “mere victims of crime” who should not be recognized as a “particular social group.” While not part of the holding, he also commented to Immigration Judges in his opinion that very few claimants should succeed in establishing asylum eligibility based on domestic violence.

He further imposed bogus “production quotas” on judges with an eye toward speeding up the “deportation railroad.” In other words, Immigration Judges who valued their jobs should start cranking out mass denials of such cases without wasting time on legal analysis or the actual facts.

Later, Sessions’s successor, Attorney General Bill Barr, overruled the BIA precedent recognizing “family” as a particular social group for asylum. He found that the vast majority of family units lacked the required “social distinction” to qualify.

For example, a few prominent families like the Rockefellers, Clintons, or Kardashians might be generally recognized by society. However, ordinary families like the Schmidts would be largely unknown beyond their own limited social circles. Therefore, we would lack the necessary “social distinction” within the larger society to be recognized as a particular social group.

Second, Sessions and Barr attacked the “nexus” requirement that persecution be “on account of” a particular social group or other protected ground. They found that most alleged acts of domestic violence or harm inflicted by abusive spouses, gangs and cartels were “mere criminal acts” or acts of “random violence” not motivated by the victim’s membership in any “particular social group” or any of the other so-called “protected grounds” for asylum. They signaled that Immigration Judges who found “no nexus” would find friendly BIA appellate judges anxious to uphold those findings and thereby retain their jobs.

Third, they launched an attack on the long-established “nongovernmental actor” doctrine. They found that normally, qualifying acts of persecution would have to be carried out by the government or its agents. For non-governmental actions to be attributed to that government, that government would basically have to be helpless to respond.

They found that the Northern Triangle governments officially opposed the criminal acts of gangs, cartels, and abusers and made at least some effort to control them. They deemed the fact that those governments are notoriously corrupt and ineffective in controlling violence to be largely beside the point. After all, they observed, no government including ours offers “perfect protection” to its citizens.

Any effort by the government to control the actor, no matter how predictably or intentionally ineffective or nominal, should be considered sufficient to show that the government was willing and able to protect against the harm. In other words, even the most minimal or nominal opposition should be considered “good enough for government work.”

V.   THE UGLY RESULTS

Remarkably, notwithstanding this concerted effort to “zero out” asylum grants, some individuals, even from the Northern Triangle, still succeed. They usually are assisted by experienced pro bono counsel from major human rights NGOs or large law firms — essentially the “New Due Process Army” in action. These are the folks who have saved what is left of American justice and democracy. Often, they must seek review in the independent, Article III Federal Courts to ultimately prevail.

Some Article IIIs are up to the job; many aren’t, lacking both the expertise and the philosophical inclination to actually enforce the constitutional and statutory rights of asylum seekers — “the other,” often people of color. After all, wrongfully deported to death means “out of sight, out of mind.”

However, the Administration’s efforts have had a major impact. Systemwide, the number of asylum cases decided by the Immigration Courts has approximately tripled since 2016 – from approximately 20,000 to over 60,000, multiplying backlogs as other, often older, “ready to try” cases are shuffled off to the end of the dockets, often with little or no notice to the parties.

At the same time, asylum grant rates for the Northern Triangle have fallen to their lowest rate in many years 10% to 15%. Taken together, that means many more asylum denials for Northern Triangle applicants, a major erosion of the generous “well-founded fear” standard for asylum, and a severe deterioration of due process protections in American law. Basically, it’s a collapse of our legal system and an affront to human dignity. The kinds of things you might expect in a “Banana Republic.”

VI.  WILL BIDEN FIX EOIR OR REPEAT THE MISTAKES OF THE OBAMA ADMINISTRATION?

The intentional destruction of U.S. asylum law and the weaponization of EOIR in support of the White Nationalist agenda have undermined the entire U.S. justice system. It actively encourages both dehumanization (“Dred Scottification”) and institutionalized racism all the way up to a Supreme Court which has improperly enabled large portions of the unlawful and unconstitutional anti-migrant agenda.

The Biden Administration can reverse the festering due process and human rights disaster at EOIR. Unlike improving and reforming the Article III Judiciary, it doesn’t need Mitch McConnell’s input to do so.

Biden can appoint an Attorney General who will recognize the importance of putting immigration/human rights/due process experts in charge of EOIR. He can replace the current BIA with real appellate judges whose qualifications reflect an unswerving commitment to due process, expert application of asylum laws in the generous manner once envisioned by the Supreme Court in Cardoza-Fonseca, implementing “best” practices, judicial efficiency, and judicial independence.

Biden can return human dignity to an improperly weaponized system designed to “Dred Scottify” the other. He can appoint better qualified Immigration Judges through a merit-based system that would encourage and give fair consideration to the many outstanding candidates who have devoted their professional lives to fighting for due process, fundamental fairness, and immigrants’ rights, courageously, throughout America’s darkest times!

That, in turn, will create the necessary conditions to institutionalize the EOIR reforms through the legislative creation of an independent, Article I Immigration Court that will be the “gemstone” of American justice rather than a national disgrace! One that will eventually fulfill the noble, now abandoned, “EOIR Vision” of “through teamwork and innovation being the world’s best tribunals, guaranteeing fairness and due process for all.”

The Obama Administration shortsightedly choose to “freeze out” the true experts in the private advocacy, NGO, academic, clinical teaching, and pro bono communities. The results have been beyond disastrous.

In addition to killing, maiming, and otherwise harming humans entitled to our legal protection, EOIR’s unseemly demise over the past three Administrations has undermined the credibility of every aspect of our justice system all the way to the Supreme Court as well as destroying our international leadership role as a shining example and beacon of hope for others.

The talent in the private sector is out there! They are ready, willing, and very able to turn EOIR from a disaster zone to a model of due process, innovation, best practices, fair, efficient, and practical judging, and creative judicial administration. One that other parts of the U.S. judicial system could emulate.

Will the Biden Administration heed the call, act boldly, and put the “right team” in place to save EOIR? Or will they continue past Democratic Administrations’ short-sighted undervaluation of the importance of providing constitutionally required due process, equal justice, and fundamental fairness to all persons in the U.S. including asylum applicants and other migrants.

I’ve read a number of papers and proposals on how to “fix” immigration and refugee policies. None of them appears to recognize the overriding importance of making EOIR reform “job one.”

For once, why can’t Democrats “think like Republicans?” When John Ashcroft and Kris Kobach and later Jeff Sessions and Stephen Miller set out to kneecap, politicize, and weaponize the U.S. justice system, what was their “starting point?” EOIR, of course!

The Obama Administration’s abject failure to effectively address and reverse the glaring mess at EOIR left by the “Ashcroft reforms” basically set the table for Sessions’s even more invidious plan to weaponize EOIR into a tool for xenophobia and White Nationalist nativism. The problems engendered by allowing the politicization and weaponization of EOIR have crippled the U.S. justice system far beyond immigration and asylum law.

Without a better EOIR, fully empowered to lead the way legally and insure and enforce compliance, all reforms, from DACA, to detention reform, to restoration of refugee and asylum systems will be less effective, more difficult, and less enduring than they should be. Equal justice for all and an end to institutionalized racism cannot be achieved without bold EOIR reform!

It would also take some of the pressure off the Article III Courts. Time and again they are called upon, with disturbingly varying degrees of both willingness and competence in the results, to correct the endless stream of basic legal errors, abuses of due process, and inane, obviously biased and counterproductive policies regularly flowing from EOIR and DOJ. Indeed, unnecessary litigation and frivolous, ethically questionable, often factually inaccurate or intentionally misleading positions advanced by the DOJ in immigration matters now clog virtually all levels of the Article III Federal Courts right up to the docket of the Supreme Court!

So far, what I haven’t seen is a recognition by anyone on the “Biden Team” that the experts in the private bar who have been the primary fighters in the trenches, almost singlehandedly responsible for preserving American justice and saving our democracy from the Trump onslaught, must be placed where they belong: in charge of the effort to rebuild EOIR and those who will be chosen to staff it!

Continue to ignore the New Due Process Army and their ability to right the listing American ship of state at peril! It’s long past time to unleash the “problem solvers” on government and give them the resources and support necessary to use practical scholarship, technology, best practices, and “Con Law/Human Rights 101” to solve the problems!

No “magic list,” stakeholders committees, or consensus-building groups can take the place of putting expert, empowered, practical problem solvers in charge of the machinery. We can’t win the game with the best, most talented, most knowledgeable, most courageous players forever sitting on the bench!

The future of our republic might well depend on whether the Biden-Harris Administration can get beyond the past and take the courageous, far-sighted actions necessary to let EOIR lead the way to a better future of all Americans! We can only hope that they finally see the light. Before it’s too late for all of us!

Due Process Forever! Complicity & Complacency, Never!

 

 

 

 

🇺🇸😎⚖️🗽👍REFUGEE, ASYLUM, IMMIGRATION, & BORDER REFORM – Plenty Of Good Ideas — Shortage Of Political Will To Fix Broken System!

 

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The following three papers have been prepared as part of a process, organized jointly by the Center for Migration Studies of New York (CMS) and the Zolberg Institute on Migration and Mobility at the New School, to identify ways to strengthen the US immigration and refugee protection systems through administrative action. Additional papers in this collection will be forthcoming, as well as a distinct set of policy recommendations from the directors of CMS and the Zolberg Institute.
Rebuilding the US Refugee Resettlement Program

By Susan Martin (Georgetown University)

This paper offers an historic review of the US refugee resettlement program. It spans the colonial era, to the establishment of the first distinct US admissions policies for persons fleeing persecution in 1917, to the creation of the formal US Refugee Admissions Program (USRAP) in 1980, and to the Trump administrations’ denigration of and attempts to eviscerate the program. It proposes ways that a new administration can rebuild this crucially important program and put it on more secure footing. In particular, it recommends that a new administration:

  • Reframe the discourse on refugee resettlement to emphasize its central importance to the nation’s identity and the way it serves the national interest.
  • Rebuild the capacity of the federal government to administer the program and the badly depleted community-based resettlement infrastructure that is central to the program’s success.
  • Hold emergency consultations with Congress to increase refugee admissions in Fiscal Year (FY) 2021, and consult soon after the inauguration with international, state and local, and non-governmental partners to plan FY 2022 resettlement goals, including a robust admissions ceiling and budget.
  • Reform and reinvigorate federal consultations with states and localities to ensure their receptivity, capacity and support for refugees, and eliminate the current veto power of states and municipalities over resettlement in their jurisdictions.
  • Explore legislative fixes to the refugee admissions process and attempt to depoliticize the process by setting a “normal flow level” that does not require an annual Presidential determination.
  • Join the Global Compact on Refugees, which seeks to expand the availability of durable solutions for refugees, and encourage other nations to follow the US example of resettling larger numbers of refugees.

READ MORE

Border Enforcement Developments Since 1993 and How to Change CBP

By Daniel E. Martínez (The University of Arizona), Josiah Heyman (The University of Texas at El Paso), and Jeremy Slack (The University of Texas at El Paso)

Enforcement along the US-Mexico border has intensified significantly since the early 1990s. Social scientists have documented several consequences of border militarization, including increased border-crosser deaths, the killing of more than 110 people by Customs and Border Protection (CBP) agents over the past decade, and expanded ethno-racial profiling in southwestern communities by immigration authorities. Less attention has been paid to the pervasive and routine mistreatment migrants experience on a daily basis in CBP custody.

This paper traces major developments in border enforcement to three notable initiatives: the “prevention-through-deterrence” strategy, the aftermath of the 9/11 terrorist attacks, and the Department of Homeland Security (DHS) Consequence Delivery System, initiated in 2011. Despite the massive buildup in enforcement, CBP has operated with little transparency and accountability to the detriment of migrants. The paper provides an overview of the findings of nongovernmental organizations and social scientists regarding migrant mistreatment while in CBP custody. It then highlights important shifts in migration patterns over the past decade, as well as changes in border enforcement efforts during the Trump administration. It discusses how these transformations affect migrants’ everyday encounters with CBP officials.

The paper concludes by providing specific recommendations for improving CBP conduct. Its core theme is the need to emphasize and inculcate lessons of appropriate police behavior, civil rights, and civil liberties in training and recruiting agents and in setting responsibilities of supervisors and administrators. It offers recommendations regarding important but underrecognized issues, including ending the use of CBP agents/officers as Asylum Officers, as well as better-known issues such as militarization and the border wall.

READ MORE

Strengthening the US Immigration System through Legal Orientation, Screening and Representation: Recommendations for a New Administration

By Donald Kerwin (Center for Migration Studies)

This paper highlights the importance of legal orientation, screening, and representation to the US immigration system. It proposes that a new administration facilitate legal representation in order to establish a fairer and more efficient removal adjudication system and to place more immigrants on a path to permanent residence and citizenship. As is well-documented, legal assistance can:

  • Improve the ability of immigrants to identify and articulate their claims in removal proceedings and produce better-informed case outcomes.
  • Increase the efficiency and contribute to the integrity of the removal adjudication system.
  • Lead to better-prepared applications for immigration benefits, and thus a more just and efficient legal immigration system.
  • Place more non-citizens on a path to permanent residence and naturalization by identifying their potential eligibility for immigration benefits or relief, and, in some cases, their existing US citizenship.

Legal representation and expertise can also contribute to resolving some of the substantial problems that afflict the US immigration system, such as lengthy court and asylum backlogs. In addition, it can identify and help to correct legal and factual errors by immigration adjudicators, and abuses by enforcement officers and private contractors.

The paper’s first section describes federal legal orientation and assistance programs for non-citizens in removal proceedings. The second section discusses the need for large-scale legal screening and representation of US undocumented residents, Deferred Action for Childhood Arrivals (DACA) recipients, and Temporary Protected Status (TPS) beneficiaries. Its third section examines the proliferation of universal representation programs—supported by states, localities, and private funders—for non-citizens in removal proceedings before an immigration judge, and in summary removal processes administered by the US Department of Homeland Security (DHS). The paper concludes with a series of administrative measures that a new administration could take in its first year to strengthen and expand legal representation. It also outlines longer-term policy recommendations that would require legislation.

READ MORE

The Center for Migration Studies (CMS) is a New York-based educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. For more information, please visit www.cmsny.org.
Copyright © 2020 Center for Migration Studies, New York, All rights reserved.

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It’s possible that Biden could win and still end up hamstrung by a Senate controlled by “Moscow Mitch” and his “American Nihilist Party.” That’s why all elections are critically important this November!

 

Gotta work with what you‘ve got. So, in a “second worst case scenario” Biden might have to go the Administrative route. Three major problems:

 

  • He’ll have to do much better on the administrative agenda than Obama – that means jettisoning some of his past and getting and empowering more progressive advisors, folks like Kerwin, Susan Martin, Martinez, Hyman, Slack, Michelle Mendez, Karen Musalo, Marielena Hincapie, Heidi Altman, Debbie Anker, Hon. Ilyce Shugall, Michele Pistone, Denise Gilman, Kristina Campbell, Lindsay Harris, David Baluarte, Phil Schrag, Jaya Ramji-Nogales, Andy Schoenholtz, Eleanor Acer, Alice Farmer, Hon. Bob Weisel, Hon. Lory Rosenberg, Hon. Carol King, Lenni Benson, Michelle Brane, Hon. Amiena Khan, Cori Alonso-Yoder, Dree Collopy, Blaine Bookey, Tess Hellgren, Hon. Paul Gussendorf, Simon Sandoval Moshenberg, Tanishka Cruz, Lauren Wyatt, Laura Lynch, Claudia Valenzuela, Aaron Richlin-Melnick, Katie Tobin, Lindsay Jenkins, Hon. Ashley Tabaddor, Jason “The Asylumist” Dzubow, Kevin Johnson, Kit Johnson, Dan Kowalski, Margaret Stock, Ben Winograd, Hon. Rebecca Jamil, Claudia Cubas, Wendy Young, Laura Tuell, Jayesh Rathod, Shoba Wadhia, Hon. Jeffrey Chase, Elizabeth “The Report” Gibson, and a host of others too numerous to list. No shortage of real talent out there to replace the regime’s “maliciously incompetent kakistocracy.”

  • Without an independent Article I Immigration Court and a drastic “upgrade” in the human rights, immigration, and equal justice credentials of newly appointed Article III Judges, administrative reforms are likely to be less than optimally effective.

  • “The Lesson of Trump” – Anything the “good guys” can do administratively can be undone by the “bad guys” overnight. And, building can be long and difficult; demolition quick and easy.

 

This November, vote like your life depends on it. Because it does!

 

PWS

 

08-26-20

 

 

 

MUST SEE TV:  “IMMIGRATION NATION” PREMIERES TODAY ON NETFLIX:  Time Magazine Says “Netflix’s Searing Docuseries Immigration Nation Is The Most Important TV Show You’ll See In 2020!” 

Immigration Nation 

Directed by Christina Clusiau and Shaul Schwarz

I appear, along with many others, in a later episode.

As you watch, ask this question: What does most of the enforcement you see have to do with any legitimate notion of “homeland security” except in the sense that abusing, terrorizing, separating, and removing individuals of color evidently makes some folks in the U.S., particularly Trump supporters, feel “more secure?”

No, it’s not “just enforcing the law!” No law is enforced 100% and most U.S. laws are enforced to just a limited extent due to priorities, funding, and sensible prosecutorial discretion used by every law enforcement agency. 

How much does the Trump Administration “enforce” environmental protection laws, civil rights laws, laws protecting the LGBTQ community from discrimination, fair housing laws, financial laws, health and safety laws, tax laws, or for that matter ethics laws, whistleblower protections, or anti-corruption laws? 

Indeed, as hate crimes directed against the Hispanic, Asian, and Black communities have risen, prosecutions have actually fallen under Trump. See e.g., https://www.cnn.com/2020/08/02/us/hate-crimes-latinos-el-paso-shooting/index.html.

Although domestic violence hasn’t decreased in ethnic communities, prosecutions have gone down as a result of the Administration’s “terror tactics” as illustrated in Immigration Nation. Jeff “Gonzo Apocalypoto” Sessions’s racially-motivated prosecutions of minor immigration violators, intended to promote family separation and “deter” others from asserting legal rights, actually diverted Federal prosecutorial resources from real crimes like drug trafficking and white collar crimes.

Remember, Jeff Sessions walks free (his biggest “trauma” being a well-deserved primary defeat in Alabama); his victims aren’t so lucky; some of their trauma is permanent; their lives changed for the worse, and in some cases eradicated, forever! Where’s the “justice” and the “rule of law” in this?

Prosecutions are always prioritized and “targeted” in some way or another, sometimes rationally, reasonably, and prudently, and other times with bias and malice. So, as you watch this and hear folks like former Acting ICE Director Tom Homan and other Government officials pontificate about “just enforcing the law” or “required by law,” you should recognize it for the total BS that it is!

The Trump Administration’s immigration enforcement program is clearly designed by folks like Stephen Miller, Sessions, and others to be invidiously motivated and to terrorize communities of color including U.S. citizens and lawful residents who are part of those communities. They are an affront to the concepts of “equal justice under law” and eliminating “institutional racism.” 

The Administration’s policies are actually “Dred Scottification” or “dehumanization of the other.” You can see and hear it in the voices of DHS enforcement officials, a number of whom eventually view other humans as “numbers,” “priorities,” “quotas,” “missions,” “ops” (“operations”), “beds,” or “collateral damage.” 

That’s exactly how repressive bureaucracies in Germany, the Soviet Union, China, and other authoritarian states have worked and prospered, at least for a time. By breaking dehumanization into “little bureaucratic steps” individuals are relieved of moral responsibility and lulled into losing sight of the “big picture.” 

Did the folks repairing the tracks and switches for the German railroads focus on where the boxcars were heading and what eventually would happen to their passengers? Did they even know, wonder, or care what was in those boxcars?

And, in case you wonder, family and child separations, supposedly eventually abandoned by Trump, might have diminished as a result of court cases, but they still regularly occur. Only now they are kept largely “below the radar screen” and disingenuously disguised under the bureaucratic rubric “binary choice.”

What has really diminished is less the abuses and more the national and international outrage about those abuses. Dishonesty, immorality, and cruelty have simply become “normalized” under Trump as long it’s largely “out of sight, out of mind.”

What do you imagine happens to those turned away at our borders without any meaningful process and “orbited” to the Northern Triangle — essentially “war zones?” (Preliminary studies show that many die or disappear.) A majority of the Supremes don’t care, and apparently most Americans don’t either as long as the carnage and tears aren’t popping up on their TV screens.

And, in many cases, the “removals” and denials of fair process, both the ones you see in Immigration Nation and the ones you don’t, are actually detrimental to our nation, our values, our society, and our future. The series mentions “being one on the wrong side of history;” that’s precisely where the DHS is under Trump. But, so is the rest of our nation for having allowed an evil charlatan like Trump to have power over our humanity.

This November, vote like your life and the future of our nation depend on it! Because they do! We can’t undo the past! But, we can make Trump part of that past and change our future for the better!

PWS

08-03-20

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ESSENTIAL AMERICAN WORKERS PUT FOOD ON OUR TABLES EVEN IN TIMES OF CRISIS: So, Why Do Trump & His White Nationalist Buddies Dump On Hard Working Members of Our Society Performing Necessary Services? — It’s All About Racism, Bigotry, & Weaponizing the “Fear of the Other” For Perceived Political Gain! — “We are the people who are feeding the country. No one else is going to be able to do this. We are the only ones who know how.”

Gabriel Thompson
Gabriel Thompson
Author & Journalist
Photo by Pandora Young

https://www.theguardian.com/us-news/2020/may/28/undocumented-farmworker-us-immigration-california?CMP=Share_iOSApp_Other

Gabriel Thompson reports for The Guardian:

For more than two decades, Roberto Valdez has harvested crops in California’s eastern Coachella Valley, a scorching region dotted with impoverished communities that are surrounded by bountiful fields of grapes, bell peppers, broccoli, watermelon and more. In 2005, after his son nearly died from heatstroke while picking grapes, Valdez advocated for improved safety measures for farm workers, which culminated in new state regulations that protect workers from heat stress. An undocumented immigrant, he is not eligible for federal relief during the Covid-19 pandemic, but while millions of people shelter in place, he continues to work in the fields with his wife. Here he tells Gabriel Thompson about his life as an essential worker.

•••

Right now I’m harvesting eggplant for $13 an hour. The company gives the crew a 50 cent bonus for each box we fill, so in eight hours we can earn an extra $15 or so. The plants are about 4ft tall and the eggplants grow low, so we usually work on our knees in the dirt. You cut off the eggplants with scissors and fill up buckets that weigh between 40 and 50 pounds, carry them to a large tub where they are washed and packed, and dump them in.

California’s farm workers pick America’s essential produce – unprotected from coronavirus

It tires you out, especially when it’s hot. It was 105 degrees today. By 10 in the morning your clothes are completely soaked with sweat and it’s hard to make it through the eight hours. In fact, some days there are people who leave, who can’t make it.

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Because of the coronavirus we always cover our faces now, no matter what the temperature is. The company has given us disposable blue masks, but we mostly use bandannas. The masks don’t stay clean for very long and they start to smell. When they’re dirty, it’s very hard to breathe. The sun is hot, the ground is hot, you’re working fast, and you can’t breathe. A bandanna you can wash and use again. I bring three bandannas every day: one that goes over my head to protect my neck, and two that I use as masks. We have breaks every four hours, and I use that time to wash the old one out with water and soap and put on a new one. My wife and I work together on the crew, and I bought 16 bandannas that we use.

We leave two rows between each person now, a distance of about 8ft. Before, we ate lunch together around portable tables in the shade. We’d share food. “Hey, grab a taco!” That’s all over. Now we eat apart, mostly in our cars. I also can’t greet people like I used to do, either. I’m the kind of person who likes to shake hands, pat people on the back. “How’s it going? How’re you doing this morning?” Among us Latinos, that’s very common. That’s over, too.

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Farm workers wear protective equipment and work behind plastic dividers in the field. Photograph: Brent Stirton/Getty Images

But we still joke and talk, even though we’re separated. There are about 30 people in the crew, and some of us have worked together for years. There are people who are tired, and we’ll tell them a story, just so they’ll be able to get through the day – that’s how we make the work more bearable. Some people have had to stop working because of the coronavirus. There’s a young woman, a single mother with two kids, and she couldn’t keep working because the schools and daycares have shut down. It’s very hard right now – so many mothers have had to stay home.

You have to respect this disease. My brother-in-law died eight days ago, in Mexicali. He was in his 40s and worked at a plant that makes glass. He had high blood pressure and kidney problems, and they had to operate on his kidneys in March. While he was in the hospital he had a hard time breathing, and they suspected he had the coronavirus. They isolated him and put him in an area where the Covid-19 patients were. They didn’t give my sister any information about how he was doing. The government said he died of the coronavirus, but we’re still waiting for the official cause of death. It hurt us a lot, because he was a very good person and no one could visit him.

I saw a news report from New York, where doctors were saying that people weren’t keeping quarantine – going out even when they were supposed to be at home, and more people got infected. That’s something we think a lot about. We stay very clean at work, because we know innocent people are buying the food we harvest, with money they have earned, so that their families will be healthy. And the majority of farm workers, we’re happy to work, we do so with love, and the coronavirus won’t stop us. It’s not going to stop us. Because we know that our work supports the whole nation.

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Right now, Governor Gavin Newsom has proposed giving undocumented immigrants $500 each. There are people who have sued to try and stop this, a woman named Jessica Martinez and a man from El Salvador, Ricardo Benitez. I’d like these people to come out and meet us. I’d like them to see us working. There are people out here who really need this $500, especially people who have lost their jobs. We are the people who are feeding the country. No one else is going to be able to do this. We are the only ones who know how.

We are people who’ve lived in the country 10 and 20 years, and we don’t have a social security number. From my point of view – I say this from my heart – we are like chess pieces that politicians move around. They haven’t done anything, since Barack Obama, since Bill Clinton, since 9/11. I remember I was picking grapes in Arvin when they attacked the twin towers. Back then there was talk of immigration reform for workers. We’ve had hope for a long time, and nothing has happened. We pay taxes. We go to stores and we buy things. Our kids are studying in school. My daughter is about to graduate high school. It’s hard for me to understand why they aren’t letting us become legal residents.

In the media, they’re now calling us “essential workers”. But that’s what we’ve always been. We think of doctors, firefighters and police as important. People who never saw us before now see that we also have value. The coronavirus has brought us both good and bad opportunities. It has hurt us, and it has also made many people realize something they didn’t realize before: that they need us.

Last Monday I arrived home from work and there was a box at my door. The box was filled with milk, bags of lettuce, cabbage, onions and potatoes. I don’t know who brought us the food. I asked the person who manages the trailer park, and he just said some people came to drop off food for everyone. It made me want to cry. It meant that someone was thinking about us, that someone was worrying about us. This was a gesture of kindness toward us. Nothing like that had happened before.

Roberto’s name has been changed to protect his identity.

  • This is an excerpt from the Unheard Voices of the Pandemic series from Voice of Witness. Thompson is editor of Chasing the Harvest: Migrant Workers in California Agriculture.

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It’s time to stop the disgraceful waste of taxpayer resources by the Trump regime’s cruel, wasteful, and just plain dumb efforts to penalize, dehumanize, and deport productive members of our society whom we have failed to offer a path to full membership. 

The Trump Family, Steven Miller, Chad Wolf, Billy Barr, Cooch Cooch, and the rest of the White Nationalist restrictionists wouldn’t last a day picking fruits and vegetables in the hot sun, and I guarantee they wouldn’t do a very good job at it.

The pandemic is teaching us lots about who’s really essential; and who’s not!

This November, vote like you life depends on it! Because it does!

PWS

05-29-20

HERE’S A SEPARATE LETTER ON THE URGENT NEED FOR AN ARTICLE I U.S. IMMIGRATION COURT THAT I SENT TO MY SENATORS AND CONGRESSMAN TODAY!

Sent to Senator Mark Warner (D-VA), Senator Tim Kaine (D-VA), and Representative Don Beyer (D-VA) and a few others today:

Dear

 

RE: Independent Article I U.S. Immigration Court

 

As an American, human being, taxpayer, and retired career civil servant, I am outraged at the totally unconstitutional and maliciously incompetent destruction of due process and the rule of law, not to mention simple human decency, in our U.S. Immigration Courts by the Department of Justice and the Trump Administration. They have created unprecedented dysfunction and grotesque unfairness.

 

The current mess, with already record low and plummeting morale and an out of control, largely self-created backlog of more than 1.3 million cases, serves neither the human beings condemned to its daily injustices and intentional degradations of humanity nor the legitimate needs of DHS enforcement. The latter should not be confused with the many outright lies and intentionally false narratives about the need for massive, counterproductive, fiscally wasteful, and intentionally cruel immigration enforcement spread by this Administration. I call on you to join your colleagues in supporting bipartisan legislation to create an independent, Article I U.S. Immigration Court as one of our highest and most pressing national priorities.

 

I have been involved in the field of immigration, law enforcement, refugees, and human rights for 47 years. More than 35 of those years were spent at the U.S. Department of Justice, where I worked under both Republican and Democratic Administrations. Indeed, as a career Senior Executive under the Reagan Administration, I helped create the Executive Office for Immigration Review (“EOIR”) to house the Immigration Courts and the Board of Immigration Appeals (“BIA”).

 

Our aim then was to increase judicial independence, due process, fundamental fairness, and professionalism. The Department that I loyally served bears no resemblance whatsoever to the unbelievable ethical and legal morass that now exists under Bill Barr, one of the three most totally unmqualified individuals to hold that post during my lifetime (the others being convicted felon John Mitchell and notorious White Nationalist enforcement zealot Jeff Sessions, who was primarily responsible for the Administration’s cruel and unconstitutional “child separation” program).

 

Prior to my retirement on June 30, 2019, I spent 13 years as an Immigration Judge at the U.S. Immigration Court in Arlington, Virginia. Before that, I was a Board Member and Appellate Immigration Judge at the BIA, for eight years, the first six as BIA Chair. I also spent more than a decade at the “Legacy Immigration & Naturalization Service,” (“INS”) where as Deputy General Counsel, and Acting General Counsel during portions of the Carter and Reagan Administrations, I was responsible for the overall operation of the nationwide legal program, including all representation before the Immigration Courts and the BIA. I have also practiced immigration law as a partner at the D.C. Office of Jones Day and as managing partner of the D.C. Office of Fragomen.

 

I currently teach Immigration Law & Policy as an Adjunct Professor at Georgetown Law, as well as making numerous speeches and other public appearances, and publishing my own blog, immigrationcourtside.com. I am a proud member of the Round Table of Former Immigration Judges, a voluntary organization, with more than 40 former judges as members, committed to filing amicus briefs, public statements, and taking part in educational efforts intended to increase public and judicial understanding of the Immigration Courts and to promote an essential restoration of due process and fundamental fairness as its focus.

 

I know of few, if any, other participants in the current “immigration dialogue,” who have personally been involved in more cases either helping deserving individuals achieve legal status under our laws or, conversely, ordering the removal of individuals found not to qualify to remain here under our laws. In other words, I know what I’m talking about, much of it from face to face encounters with individuals on all sides of the issue in Immigration Court, as well as years of experience in shaping national immigration policy and legislation in both the public and private sectors.

 

I have had to personally deliver to individuals and their families the “bad news” that I was required by the law to return them to countries where I had little doubt that they would suffer torture, rape, dehumanization, or even death. It’s a sobering experience not shared by most of those clueless demagogues now bragging about how “success” should be measured by our ability to inflict more unnecessary cruelty and inhumanity on some of the most vulnerable individuals in the world and how “court efficiency” means nothing other than assembly line removals with neither due process nor fundamental fairness.

 

What’s happening now in our Immigration Courts is a travesty and a national catastrophe. It is wrong, from a Constitutional, legal, and moral standpoint. It eventually will join Jim Crow as one of the most heinous abuses of legal authority and human rights in modern American legal history. Surely, we all want to be on “the right side of history” on this fundamental issue.

 

Today, many NGOs involved in justice, immigration, and human rights launched a “twitter storm” to raise awareness of the tragic abuses of the legal system going on at the Administration’s instigation daily in our failed and unconscionably “weaponized” Immigration Courts.  Innocent lives are literally being lost and families and futures ruined while we stand by and watch. America’s future as a great nation and “beacon of hope” for the rest of the world is literally being dissolved and washed down the drain.

 

Please take time to read the detailed letter that our Round Table of Former Immigration Judges signed, along with the American Immigration Lawyers Association and 53 other distinguished non-governmental organizations, demanding an end to the abusive Immigration Courts under DOJ control and the establishment of a constitutionally required independent Immigration Court that will insure due process and fundamental fairness as required by our Constitution.

 

That letter may be found at this link: https://www.aila.org/advo-media/aila-correspondence/2020/advocates-call-on-congress-establish-independent

 

Also, if you have not already done so, I urge you to read the letter signed by me and more than 2,500 other former DOJ officials deploring the corruption and unethical behavior that Bill Barr has “normalized” at the DOJ and demanding his resignation.

 

That letter may be found at this link:  https://medium.com/@dojalumni/doj-alumni-statement-on-the-events-surrounding-the-sentencing-of-roger-stone-c2cb75ae4937

 

American justice is facing an existential crisis resulting from this Administration’s weaponization and maliciously incompetent management of what is perhaps our biggest, and certainly most important in terms of human lives and American’s future in the world, court systems: The Immigration Courts. When these courts finally implode under the Trump Administration’s continued abuses, they will take with them a large portion of our American justice system and that which makes America different from the rest of the world.

 

I should know – I dealt with the human wreckage caused by the failure of courts and justice systems in other countries nearly every working day for more than four decades. This Administration has turned our once-proud Immigration Courts into a “parody of justice” usually found in third-world dictatorships or authoritarian states where due process is but a mirage.

 

Therefore, I respectfully ask for your support in creating an independent Article I U.S. Immigration Court. Due Process Forever!

 

With my thanks and very best wishes,

 

 

 

Paul Wickham Schmidt

U.S. Immigration Judge (Retired)

 

 

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

PWS

02-19-20

54 NGOs DECLARE EOIR A DUE PROCESS DISASTER AREA, URGE CONGRESS TO CREATE INDEPENDENT ARTICLE I COURT — Round Table of Former Immigration Judges Among Groups Seeking Change — Join AILA’S “Twitterstorm” Today (Wednesday)

 

Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA

Hi Local Asylum Liaisons-

 

Today AILA, the American Immigration Council, and 52 additional organizations sent a letter to members of Congress, urging them to establish an independent immigration court! This letter was sent in advance of tomorrow’s twitterstorm that aims to bring attention to the dysfunction in the immigration court system and call for reform.

 

Asks:

 

  1. Please amplify this letter on social media.

 

Twitter: You can retweet AILANational’s tweet or use some of the sample tweets below.

 

·          Click to tweet: Case-completion quotas force immigration judges to rush through cases, often at the expense of due process. This assembly-line justice is unacceptable. Read the letter @AILANational & others sent to Congress calling for independent courts. http://ow.ly/mV3730qiMW5

 

·          Click to tweet: The Trump administration’s certification decisions have undermined due process and weakened protections for asylum seekers. Read more in this letter @AILANational and over 50 orgs sent to Congress. #JudicialIndependence http://ow.ly/mV3730qiMW5

 

·          Click to tweet: Due process and #JudicialIndependence should never be sacrificed in the name of political expediency. Read the letter @AILANational sent with over 50 other orgs calling for the establishment of an independent immigration court. http://ow.ly/mV3730qiMW5

 

Sample LinkedIn/Facebook Post: Please share AILA’s Facebook post or use sample post below.

  • Due process and judicial independence should never be sacrificed in the name of political expediency. Read the letter AILA National sent with 50 other organizations calling for the establishment of an independent immigration court. http://ow.ly/mV3730qiMW5

 

  1. Please join us tomorrow, Wednesday (2/19) from 3pm – 4pm ET to participate in a Twitterstorm hosted by AILA, NIJC, and Human Rights First.
    • You can share tweets from our social media toolkit or craft your own using the hashtag #JudicialIndependence. Looking forward to seeing you on Twitter!

 

Thank you! -Laura

 

Also ICYMI –last week a group of Senators accused the Department of Justice of politicizing the immigration courts in a letter to Attorney General Barr. Read more here.

 

Laura A. Lynch, Esq.

Senior Policy Counsel

Direct: 202.507.7627 I Email: llynch@aila.org

 

American Immigration Lawyers Association

Main: 202.507.7600 I Fax: 202.783.7853 I www.aila.org

1331 G Street NW, Suite 300, Washington, DC 20005

 

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Here’s the link to our letter:

NGOLTREOIR20021838

 

DUE PROCESS FOREVER!

 

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

PWS

02-19-20

WANT A GOVERNMENT THAT IS FAIR, FACT BASED, ENERGETIC, COMPASSIONATE, RESPECTFUL, AND COMMITTED TO THE COMMON GOOD? — WANT A REPRESENTATIVE WHO WILL SOLVE LOCAL PROBLEMS IN A “BIG-PICTURE” CONTEXT? WANT A LEGISLATOR WHO WILL DISCUSS IMMIGRATION FROM PRACTICAL, HUMAN, COMMUNITY-BASED EXPERIENCE, NOT BIAS & FEARFUL FALSE NARRATIVES? — Hillary Scholten, Michigan 3rd District, Democrat, is YOUR Candidate!  — Meet Hillary & “Get On Her Bandwagon” For Good Government That Will Work For YOU & for ALL-AMERICAN VALUES Every Day, on March 6, 2020, @ Noon in D.C.!

Hillary Scholten
Hillary Scholten
Democrat
Candidate for Congress
Michigan 3rd District
  • Brilliant

  • Courageous

  • Creative

  • Compassionate

  • Committed

  • Caring

  • Concerned

  • Genuine

  • Reputation for integrity

  • Family-friendly

  • Dedicated parent

  • Michigan born and raised

  • Michigan values, All-American vision

  • A leader and role model for the “New Due Process Army”

That’s my friend HILLARY SCHOLTEN — our candidate for a return to the basic values that made our country great!  Join me, meet Hillary in person, and find out more about one of American politics’ most refreshing, down-to-earth, and exciting “new faces” and her positive vision for all Americans. “Michigan’s Values are America’s Values!” Hillary is America’s future! Help put her to work for us and for all Americans now!

 — “Hillary was held in such high regard universally at the BIA.  In addition to all of her other attributes, she is highly inclusive and a consensus builder, which is so important in the present climate.”
***Honorable Jeffrey S. Chase, Retired U.S. Immigration Judge, Former BIA Senior Advisor, Author of “Jeffrey S. Chase Blog,” & a Leader of the Round Table of Former Immigration Judges

 

Here are links to the invitation:

https://secure.actblue.com/donate/dcluncheon

DC Luncheon Invitation (1)

Please join us
For a luncheon in support of
Hillary Scholten
Candidate for Michigan’s 3rd Congressional District With guest speaker
Judge Paul Schmidt Friday, March 6th
12:00-2:00 PM
The Dupont Room at the offices of Arent Fox
1717 K Street NW Washington, DC 20006
Contribution Levels:
Maximum: $2,800 | Host: $500 | Champion: $250 | Supporter: $100 | Guest: $50
RSVP online at: https://secure.actblue.com/donate/dcluncheon Or to Liz Gallagher at liz@hillaryscholten.com
Paid for by Hillary Scholten for Congress.

Luncheon in Support of Hillary Scholten for
Congress
th
March 6 , 2020 12:00-2:00 PM
Requested Contribution Levels:
Maximum: $,2800 | Host: $500 | Champion: $250 | Supporter: $100 | Guest: $50
You may give online at: https://secure.actblue.com/donate/dcluncheon
Yes, I/ we would like to attend the event and contribute $________ No, I/ we are unable to attend, but would like t0 contribute $________
Please make contributions payable and mail checks to:
Scholten for Congress
PO Box 6233 Grand Rapids, MI 49516
First & Last Name(s): _______________________________________________________ Address: __________________________________________________________________ City: ______________________________________ State: __________ Zip: ___________
Phone: _______________________Email: ______________________________________ Employer: __________________________ Occupation: __________________________
Please indicate your payment preference:
My check, made payable to Scholten For Congress, is enclosed. Charge my contribution (address above must match billing address). Credit Card #: _________________________ Exp. Date: _________________
Please sign here to indicate you have read and agree with the following contribution guidelines: ___________________________________________________________________
1. This contribution is made from my own funds, and funds are not being provided to me by another person or entity for the purpose of making this contribution.
2. I am making this contribution with my own personal credit card and not with a corporate or business credit card or card issued to another person.
3. I am not a federal contractor.
4. I am at least eighteen years old.
5. I am a U.S. citizen or lawfully admitted permanent resident (i.e., green card holder).
Contributions are not tax deductible. Federal law requires us to use best efforts to collect and report the name, mailing address, occupation and employer of individuals whose contributions exceed $200 in an election cycle. Contributions are limited to personal funds of $2,800 for the 2020 Primary election and $2,800 for the 2020 General election. Contributions from qualified Federal PACs are limited to $5,000 per PAC for each election. Corporate checks, funds from government contractors, foreign nationals, and labor organizations, and contributions made in the
name of another, cannot be accepted.
Paid for by Scholten for Congress.

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

Hope to see you on March 6!

PWS

02-16-20

 

JUST “OFF BROADWAY,” BUT REACHING THE HEARTS AND MINDS OF AMERICA – Waterwell’s “The Courtroom” & “The Flores Exhibits” Paint a Chilling Picture Of Justice That All Americans Should See!  — Retired Immigration Judges & Pro Bono Advocates Join “A-List” Actors In Giving Human Voices To The Dispossessed Struggling For Their Lives In A Badly Broken & Dysfunctional System That All too Often Leaves Humanity Behind As It Mindlessly Grinds Down Lives!

Arian Moayed
Arian Moayed
Actor
Lee Sunday Evans
Lee Sunday Evans
Artistic Director
Waterwell
Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Hon. Robert D. Weisel
Hon. Robert D. Weisel
Retired U.S. Immigration Judge
Member, Round Table of Retired Immigration Judges
Hon. Elizabeth Lamb
Hon. Elizabeth Lamb
Retired U.S. Immigration Judge
Member, Round Table of Retired Immigration Judges
Elora Mukherjee
Elora Mukherjee
“American Hero”
Clinical Professor of Law & Director of the Immigrants’ Rights Clinic
Columbia Law School

Here’s a recent anecdote from my good friend, colleague, and leader of our Round Table of Former Immigration Judges,  Hon. Jeffrey S. Chase:

 

More theater news!  On Monday, the director of The Courtroom emailed me in Rome to ask if I would perform at a special performance at the Lucille Lortel Theater in NYC on Wednesday night, in which three Tony winners were making guest appearances.  Curtain was at 7 pm; our flight was scheduled to land at JFK at 4 pm.  Just as we were about to board the flight, a delay was announced due to mechanical problems.  We took off an hour and a half late, and were told we would be further slowed by strong headwinds.  As I was worrying about making it in time, it occurred to me what a charmed life I am living in which worrying whether I will return from a 10-day vacation in Italy in time to act with three Tony Award winners constitutes a problem.

 

Landing at almost 6 pm, we cleared customs and jumped in a taxi; we arrived at the theater about 15 minutes into the play.  I had emailed my daughter in NY asking her to bring one of her fiancé’s ties and a printed copy of my script (since we write out own remarks) to the theater.  I performed my part; my wife and daughter each got to meet their theater idols; and my daughter and I attended the after-party in the West Village.  I had been awake since 1 am NYC time, and got home at 11:30 pm.

 

At the party, I was talking with Arian Moayed (Stewy in “Succession” on HBO) and Kelli O’Hara (Tony Award winner who played the lead on Broadway in both South Pacific and The King and I).  Kelli had played the IJ in Act I, and said that she had been in the audience at one of the very early performances, at which our group’s Betty Lamb had performed.  Both Kelli and Arian said how powerful and impressive Betty’s performance had been!

 

I’m hoping others from this group get the opportunity to perform in the future.  The Chicago IJs in our group probably know the real-life lawyer in the case, Richard Hanus, and you certainly know the real-life IJ, Craig Zerbe.  The ICE attorney was Gregory Guckenberger.  Do the last two realize they are being portrayed by actors of such caliber in a play that made the New York Times Best Theater of 2019 list?

Click on the link below to listen to the 37 minute podcast:

https://broadwaypodcastnetwork.com/the-backdrop/episode-2-waterwells-the-courtroom/

 

  • Episode 2: Waterwell’s THE COURTROOM

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EPISODE 2: WATERWELL’S THE COURTROOM

IN THIS EPISODE

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Waterwell Theater Company’s latest play, The Courtroom, has no playwright. Or even a theater. But as Waterwell founder (from HBO’s “Succession” and Tony nominee) Arian Moayed and Artistic Director Lee Sunday Evans tell Kevin, that’s the point. They found their inspiration — and their script — in the actual language of a deportation trial. And as immigrant rights advocate/attorney Elora Mukherjee reveals, they also found themselves pulled to ground zero of today’s drama: all the way to the border.

Resources

The Courtroom returns for monthly performances at civic venues in NYC through November 2020. For information and tickets visit https://waterwell.org/.

View The Flores Exhibits at https://flores-exhibits.org/.

For other resources and to get involved, visit https://www.newsanctuarynyc.org/.

Jeffrey S. Chase, a former immigration judge, was the legal advisor for The Courtroom. Read his article “The Immigration Court: Issues and Solutions” here.

Follow guest Arian Moayed on Twitter at @arianmoayed.

Credits

The Backdrop is hosted by Kevin Bleyer and produced by Nella Vera.

The Backdrop artwork is by Philip Romano.

Follow Kevin Bleyer and Nella Vera on Twitter: @kevinbleyer / @spinstripes

 

VISIT THIS PODCAST’S PAGE

ABOUT BPN

© 2019 BROADWAY PODCAST NETWORK. All Rights Reserved. Site by AAC.

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Congrats and thanks to all involved. This should be “required theater” at all Federal Judicial Conferences.

PWS

02-15-20