CLOWN COURTS: EOIR CONTINUES ASSAULT ON DUE PROCESS, DUMBING DOWN JUDICIARY WITH CREATION OF HAZY “IMMIGRATION ADJUDICATION CENTERS” TO MASS PRODUCE REMOVALS BY TV WITHOUT DUE PROCESS!

http://immigrationimpact.com/2019/01/07/the-judicial-black-sites-the-government-created-to-speed-up-deportations/

Katie Shepard writes in Immigration Impact:

As the Tru. mp administration continues to strip away due process in immigration courts, the recent creation of two “Immigration Adjudication Centers” is cause for concern. The two new facilities are called “Centers,” not “courts,” despite being places where judges decide whether to issue orders of deportation.

The Centers came out of a “Caseload Reduction Plan” devised by the Executive Office for Immigration Review (EOIR) as one of several mechanisms designed to reduce the number of cases pending before the immigration courts. This initiative first surfaced in December 2017 ostensibly as one of a series of ways to address the record-high backlog within the immigration court system. In fact, EOIR’s caseload has almost tripled since 2011, from fewer than 300,000 pending cases to 810,000 as of November 2018. This is likely to worsen given the current government shutdown.

A total of fifteen Immigration Judges currently sit in the two Centers—four in Falls Church, Virginia, and 11 in Fort Worth, Texas.

It is unclear whether the Centers are open to the public, despite laws stating such hearings must be. All the cases heard by immigration judges in the Centers will be conducted exclusively by video-teleconference (VTC), with immigrants, their lawyers, and prosecutors in different locations.

According to one source, it’s likely that “thousands of immigration cases will be heard with respondents never seeing a judge face-to-face.”

The utter lack of transparency around these Centers is alarming, given the documented concerns with the use of video teleconferencing and the current administration’s commitment to speed up immigration court hearings, even at the risk of diminished due process.

Speeding up cases could benefit detained individuals who often languish for months or even years behind bars before their release or deportation. However, the impact of these Centers overall could be much more ominous.

The Centers raise serious questions about whether detained immigrants will be disadvantaged by the arrangement. These questions include:

  • How will an individual who is unrepresented and detained in a facility three time zones away from the judge submit critical evidence to the court during a hearing?
  • How can an immigration judge adequately observe an asylum seeker’s demeanor for credibility without being in the same room?
  • Will the immigration judges be required to postpone hearings if there are issues with the telephonic interpreters, and could this lead to prolonged detention?

Further, only 14 percent of detained immigrants have attorneys and many may not have the ability to adequately prepare for their cases on an expedited timeframe. A very real outcome of speeding up cases in this manner is that many immigrants are deported even though they may have valid claims to stay in the United States.

Until the government is more transparent with these Centers, there is simply no way of knowing how many detained individuals—including children—have been deported without the opportunity to obtain counsel, and without appropriate safeguards preventing their removal to imminent harm.

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

The degrading “de-judicilization” of the Immigration Courts under the Trump DOJ politicos and their EOIR subordinates continues. I suppose next Immigration Judges will be retitled as “Special Inquiry Officers” or “Removal Adjudicators.”

Hopefully, EOIR will get some much needed oversight and accountability from the House.

PWS

01-11-19

FRAUD, WASTE, & ABUSE: Trump’s Bogus Wall Could Be Breached By Anyone With A Ladder, Shovel, The Agility of a 10-Year-Old Child – Or A Saw!

https://apple.news/AymAseB7HTrmR5T9j6JLAIQ

Julia Ainsley

Jacob Soboroff & Julia Edwards Ainsley report for NBC News:

Test of steel prototype for border wall showed it could be sawed through

President Donald Trump has repeatedly advocated for a steel slat design for his border wall, which he described as “absolutely critical to border security” in his Oval Office address to the nation Tuesday. But Department of Homeland Security testing of a steel slat prototype proved it could be cut through with a saw, according to a report by DHS.

A photo exclusively obtained by NBC News shows the results of the test after military and Border Patrol personnel were instructed to attempt to destroy the barriers with common tools.

The Trump administration directed the construction of eight steel and concrete prototype walls that were built in Otay Mesa, California, just across the border from Tijuana, Mexico. Trump inspected the prototypes in March 2018. He has now settled on a steel slat, or steel bollard, design for the proposed border barrier additions. Steel bollard fencing has been used under previous administrations.

However, testing by DHS in late 2017 showed all eight prototypes, including the steel slats, were vulnerable to breaching, according to an internal February 2018 U.S. Customs and Border Protection report.

Photos of the breaches were not included in a redacted version of the CBP report, which was first obtained in a Freedom of Information Act Request by San Diego public broadcaster KPBS.

The photo of testing results obtained by NBC News was taken at the testing location along the California-Mexico border, known as “Pogo Row.”

Responding to the picture from the South Lawn of the White House on Thursday morning, Trump claimed “that’s a wall designed by previous administrations.”

While it is true that previous administrations used this design, the prototype was built during his administration.

“It’s very, very hard — the wall that we are doing is very, very hard to penetrate,” Trump said.

NBC News toured the eight wall prototypes twice before President Trump’s March 2018 inspection. According to San Diego Sector Border Patrol Chief Rodney Scott, the versions seen by NBC News and the president, however, were larger than the actual prototypes tested at “Pogo Row.”

In a statement, DHS Spokeswoman Katie Waldman said, “The steel bollard construction is based on the operational requirements of the United States Border Patrol and is a design that has been honed over more than a decade of use. It is an important part of Border Patrol’s impedance and denial capability.”

“While the design currently being constructed was informed by what we learned in the prototypes, it does not replicate those designs,” said Waldman. “The steel bollard design is internally reinforced with materials that require time and multiple industrial tools to breach, thereby providing U.S. Border Patrol agents additional response time to affect a successful law enforcement resolution. In the event that one of the steel bollards becomes damaged, it is quick and cost-effective to repair.

“The professionals on the border know that a wall system is intended not only to prevent entry, it is intended to defer and to increase the amount of time and effort it takes for one to enter so that we can respond with limited border patrol agents. Even a wall that is being breached is a valuable tool in that it allows us to respond to the attempted illegal entry.”

In response to KPBS, CBP spokesman Ralph DeSio said the prototypes “were not and cannot be designed to be indestructible,” but were designed to “impede or deny efforts to scale, breach, or dig under such a barrier, giving agents time to respond.”

In his address to the nation Tuesday, Trump said the steel fence design is “what our professionals at the border want and need. This is just common sense.”

As a candidate, Trump promised to build an “impenetrable, physical, tall, powerful, beautiful” wall on the border that would be paid for by Mexico. Before the Oval Office address, the White House’s Office of Management and Budget sent a letter to Congress requesting $5.7 billion for the construction of 234 miles of steel barrier.

Amid a government shutdown over his border wall proposal, Trump will travel to McAllen, Texas Thursday to make the case for building the additional border barrier.

House Homeland Security Committee Chairman Rep. Bennie Thompson, D.-Miss., said there is “nothing special” about Trump’s wall design.

“President Trump likes to pretend a wall will solve all our problems, but it’s been clear for some time that it is little more than a very expensive vanity project,” said Thompson. “Whether steel or concrete, there is nothing special about his wall and it will not secure our borders. Democrats are willing to work with the administration to improve our border security, but let’s get back to proven and effective solutions.”

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

Hit the link above for the NBC News videos that go with this report.

One of Trump’s many, many lies is that this is about “border security.” That’s never been a real concern of his. No, it’s all about politics, racist symbolism, power, and vanity. As Chairman Thompson and many others of us have said all along, if we want “border security” there are many smarter and more effective ways to spend $5.9 million, with additional physical barriers playing a relatively minor role.

“Trumps Folly” would take about 10 years to build, do nothing to stop drug smugglers or other criminals, destroy the environment along the border in a number of ways, and have little, if any, long-term impact on extra-legal migration except, perhaps, to raise smuggling fees and kill some more migrants by forcing them to use smugglers employing more dangerous methods or routes. The idea that this is a “national emergency” or that it would be an appropriate response to an ongoing humanitarian situation is simply outlandish, even by Trump’s corrupt standards.

Indeed, Trump’s erratic behavior and inappropriate threats make a strong case that Congress should repeal or severely circumscribe the President’s statutory authority to declare a “national emergency,” and that while they are at it they also should repeal section 212(f) of the INA which was misused to support the bogus Travel Ban (a/k/a “Muslim Ban”).

As others have observed recently, Trump is a walking, talking argument for an end to the “Imperial Presidency” and a return to a more balanced Government where Congress actually lives up to its important Constitutional role.

PWS

01-10-19

 

 

THE HILL: Nolan’s Latest Highlights Overstays

https://thehill.com/opinion/immigration/424282-wall-cant-be-only-answer-uncontrolled-illegal-immigration-not-just-southern-border

 

Family Pictures

Nolan writes, in part:

. . . .

Overstays

We also know that in fiscal 2017, there were more than twice as many instances of aliens overstaying their nonimmigrant visitor admission period than known instances of aliens crossing the Mexican border illegally.

No one knows how long the overstays will remain.

According to the Dept. of Homeland Security (DHS) Fiscal Year 2017 Entry/Exit Overstay Report, 52,656,022 nonimmigrant departures were expected in fiscal 2017, and there were 701,900 overstays. These figures are limited to aliens who were admitted to the United States at air and sea ports of entry. DHS does not have much data on entries or exits at land ports of entry.

Moreover, the overstay estimates are based on “events,” the number of expected departures, not the number of aliens who were expected to depart that year. According to a Center for Immigration Studies (CIS) analysis of the report, this makes the overstay rates deceptively low.

Using the DHS methodology, if 10 nonimmigrant visitors each comes to the U.S. three times during the fiscal year being considered, that would result in each having three expected departure dates, for a total 30 departure dates. If they all leave when they are supposed to leave but an additional visitor who makes only one visit overstays, the overstay rate would be 1/31 entries, or about 3 percent.

But if the overstay rate were based instead on the number of people who were expected to make a departure, the rate in the example above would be 1/11, which would be 9 percent.

The following table provides the DHS report’s overstay rates:

Overstays can be removed quickly when they have been apprehended.

Many of them come under the provisions of the Visa Waiver Program(VWP), which allows eligible nationals from 38 VWP countries to enter the United States for 90 days as nonimmigrant visitors for business or pleasure without a visa.

If a VWP alien does not leave at the end of his admission period, he can be sent home on the order of a district director without a hearing before an immigration judge, unless he applies for asylum or withholding of removal.

There is a one-year time limit on applying for asylum, and withholding just prohibits sending the alien to the country where he would face persecution — It does not permit him to remain in the United States.

Removal of overstays who enter with a visa requires a hearing before an immigration judge, but the government’s burden of proof can be met by establishing that the person was admitted to the United States as a nonimmigrant visitor and that the period authorized for the visit has expired.  This often can be handled very quickly at a Master Calendar Hearing if the alien does not want to apply for asylum or withholding.

If Trump wants effective border security, he cannot just erect a wall along the Mexican border.  He also has to reduce the number of overstays.

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

Go on over to The Hill at the link for Nolan’s complete article.

There are lots of “moving pieces” to the immigration puzzle.

PWS

01-09-19

TAL @ SF CHRON: Dreamer Deal To End Shutdown Seems Unlikely — PLUS BONUS COVERAGE: My Essay “Let’s Govern!”

https://www.sfchronicle.com/politics/article/Why-a-DACA-deal-to-end-the-shutdown-is-unlikely-13517915.php?t=e29fabd761

Tal reports:

WASHINGTON — A perennial trial balloon is once more floating on the horizon: Could protecting young undocumented immigrants from deportation in exchange for border security money get Washington out of a lengthy government shutdown?

The idea is already rapidly falling back to Earth.

President Trump and House Speaker Nancy Pelosi, D-San Francisco, have both brushed aside suggestions that passing protections like the Deferred Action for Childhood Arrivals program could be a way out of the shutdown, which is nearing the end of its third week with no hint of a resolution.

  • Unlimited Digital Access for 99¢
  • Read more articles like this by subscribing to the San Francisco Chronicle

SUBSCRIBE

DACA temporarily protects many undocumented immigrants who arrived in the U.S. under the age of 16 from being deported. Trump, whose attempt to end DACA is tied up in the courts, said Sunday that he would “rather have the Supreme Court rule and then work with the Democrats” on extending protections for program recipients.

“They’re two different subjects,” Pelosi said last month when asked about trading DACA for Trump’s southern border wall — $5.7 billion for which he is demanding before he will sign any government funding bills for the agencies that have been shut down.

Democrats are not universally against the idea. San Mateo Rep. Jackie Speier told MSNBC last week that she “personally would support it” and “there is a willingness to look” at a DACA-for-wall money deal in the caucus. DACA protections for nearly 700,000 immigrants nationwide, 200,000 of whom are in California, are in limbo, and hundreds of thousands more would be eligible for the program.

But numerous other Democrats — including several on the influential Hispanic, Asian Pacific and black caucuses that have leadership’s ear on immigration — said a DACA deal involving wall money is a nonstarter in shutdown negotiations without serious and uncharacteristic overtures from Trump.

Here’s why it’s unlikely:

Trump thinks time, and the Supreme Court, are on his side. The White House believes the court will ultimately invalidate the Obama-era DACA program or side with Trump’s attempt to end it, which has been blocked by lower courts. When that happens, the administration believes, Trump will have more leverage to cut a better deal with Democrats desperate to keep sympathetic young DACA recipients from being deported, and Congress will be forced to deal with a dilemma it has long avoided.

Democrats don’t trust Trump, who has walked away from a number of DACA proposals in the past year. “Donald Trump is not a deal-maker, he’s a deal-breaker,” said Rep. Ruben Gallego, D-Ariz. “We’ve seen this happen numerous times, and we’re not going to come approach him with a deal that he’s only going to take and then reject and then come back and move the goalposts on.”

Pelosi is in touch with her base, and her base isn’t eager to broach that deal. “People don’t want to trade a wall for something that isn’t even real,” said Rep. Pramila Jayapal, D-Wash., co-chair of the Congressional Progressive Caucus. “People don’t want a wall, period, and I think there’s no trust that there’s any credible negotiation around something positive on immigration, given (Trump’s) history.”

Trump wants much more on immigration than just physical border security, where there are some areas of potential compromise. A presentation that Homeland Security Secretary Kirstjen Nielsen prepared for congressional leaders last week included calls not just for the wall, but the rollback of a bipartisan bill designed to protect human trafficking victims and a court-ordered settlement intended to safeguard immigrant children. Both of those are nonstarters with Democrats, who say the protections are needed and getting rid of them does not promote border security.

Republicans question whether Democrats are as motivated as they say they are to resolve the DACA issue. They’re skeptical Democrats want to take the political leverage off the table. Rep. Mario Diaz-Balart of Florida, a moderate Republican who has long worked on immigration reform, called the potential to get a deal out of the shutdown fight the “opportunity of a lifetime.”

“It requires the Democratic leadership to actually do something that they have not done in the past,” Diaz-Balart said, “which is match their rhetoric on DACA with actual action.”

Tal Kopan is The San Francisco Chronicle’s Washington correspondent. Email: tal.kopan@sfchronicle.com Twitter: @talkopan

 

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

HERE’S YOUR “BONUS COVERAGE” ESSAY FROM “COURTSIDE:”

LET’S GOVERN!

By

Paul Wickham Schmidt

United States Immigration Judge (Retired)

I still think the best deal for America would be some form of “Wall for Dreamers” compromise. To me, the huge downside of “The Wall” would be more than offset by getting 800,000 great American young people — literally the future of our country – out of the shadows and contributing their maximum skills, talents, and creativity to making America really great (not the hollow mockery of “greatness’ peddled by Trump and his base).

But, Tal’s usually got her head “closer to the ground” than I do these days from my retirement perch in Alexandria. So, I’ll assume for the purposes of this piece that Tal is correct and that the “great compromise” isn’t in the cards – at least at this time.

So, where does we go from here? This is crystal clear: Trump can neither govern in America’s best interest nor can he cut any reasonable deal. So, it seems like the only alternative for America is for the Democrats in Congress to get together with the GOP and develop a plan for governing in the absence of a competent Executive. That means passage of “veto-proof” legislation that also places some specific limits and directions on Executive actions.

What could a “veto proof” compromise to reopen Government look like.  Well, of course, to start it must fund the affected Government agencies through the end of the fiscal year.

But, it also could include a robust $5.9 Million “Border Security” package.  Here’s what could be included:

  • Additional Asylum Officers;
  • Additional port of entry inspectors;
  • Additional Immigration Judges and court staff;
  • Additional funding for Office of Refugee Resettlement for health and safety of children;
  • Required e-filing and other management improvements at EOIR (including elimination of counterproductive “quotas” on judges, and providing at least one judicial law clerk for each judge);
  • Additional Assistant Chief Counsel for ICE;
  • Funding for counsel for asylum applicants and resettlement agencies;
  • Additional Anti-Smuggling, Intelligence, and Undercover Agents for DHS;
  • Smart Technology for and between ports of entry at the border and the interior;
  • Required improvements in management planning, hiring, and supervision within DHS;
  • Limitations on wasteful immigration detention (including a prohibition on long-term detention of children except in limited circumstances) and reprogramming of detention funds to alternatives to detention;
  • Funding for additional border fencing or fencing repairs in specific areas with an express prohibition on additional physical barriers without a specific appropriation from Congress.
  • Assistance to Mexico, the UNHCR, and other countries in the hemisphere to improve refugee processing and address problems in the Northern Triangle;

Sure, Trump could, and maybe would, veto it – although he’d be wise not to. And, I suppose, that veto, which would be overridden, could be the “red meat” for his base that he apparently favors over the “art of governing.”

But, in the meantime, Congress would fulfill its important role of governing in a bipartisan manner that will keep America moving forward even in the times of a weak and incompetent Executive. And, unlike the bogus “Wall,” the foregoing measures would actually contribute to our country’s security and welfare without wasting taxpayers’ money or trampling on individual rights and legal obligations. In other words, “smart governance.” That seems like a fair and worthy objective for both parties in Congress.

PWS

01-09-19

 

 

 

MORE PHONY BALONEY FROM LIAR-IN-CHIEF!

https://www.washingtonpost.com/politics/2019/01/09/fact-checking-president-trumps-oval-office-address-immigration/

Salvador Rizzo reports for WashPost:

The first misleading statement in President Trump’s Oval Office address Tuesday night came in the first sentence.

Trump, addressing a national television audience from behind his desk, warned of a “security crisis at the southern border” — even though the number of people caught trying to cross illegally is near 20-year lows.

Another false claim came moments later, when Trump said border agents “encounter thousands of illegal immigrants trying to enter our country” every day, though his administration puts the daily average for 2018 in the hundreds. A few sentences later, he said 90 percent of the heroin in the United States comes across the border with Mexico, ignoring the fact that most of the drugs come through legal entry points and wouldn’t be stopped by the border wall that he is demanding as the centerpiece of his showdown with Democrats.

Over the course of his nine-minute speech, Trump painted a misleading and bleak picture of the situation at the U.S.-Mexico border. He pumped up some numbers, exaggerated the public safety risks of immigration and repeated false claims regarding how to fund a border wall.

The appearance, coming as a partial federal government shutdown resulting from the wall fight enters its third week, underscored the extent to which Trump has relied on false and misleading claims to justify what has long been his signature political issue.

One false claim noticeably absent from the speech was the assertion made by the president and many of his allies in recent days that terrorists are infiltrating the country by way of the southern border. Fact-checkers and TV anchors, including those on Fox News, spent days challenging the truthfulness of the claim.

Below are the truths behind Trump’s claims from the Oval Office address:

“Tonight I am speaking to you because there is a growing humanitarian and security crisis at our southern border.”

By any available measure, there is no new security crisis at the border.

Apprehensions of people trying to cross the southern border peaked most recently at 1.6 million in 2000 and have been in decline since, falling to just under 400,000 in fiscal 2018. The decline is partly because of technology upgrades; tougher penalties in the wake of the 9/11 terrorist attacks; a decline in migration rates from Mexico; and a sharp increase in the number of Border Patrol officers. The fiscal 2018 number was up from just over 300,000 apprehensions at the U.S.-Mexico border for fiscal 2017, the lowest level in more than 45 years.

There are far more cases of travelers overstaying their visas than southern border apprehensions. In fiscal 2017, the Department of Homeland Security reported 606,926 suspected in-country overstays, or twice the number of southern border apprehensions. In fiscal 2016, U.S. officials reported 408,870 southern border apprehensions and 544,676 suspected in-country overstays.


(Kevin Uhrmacher/Washington, D.C.)

While overall numbers of migrants crossing illegally are down, since 2014 more families from El Salvador, Guatemala and Honduras have begun to trek to the United States in search of safer conditions or economic opportunities, creating a humanitarian crisis.

“Record numbers of migrant families are streaming into the United States, overwhelming border agents and leaving holding cells dangerously overcrowded with children, many of whom are falling sick,” The Washington Post reported Jan. 5. “Two Guatemalan children taken into U.S. custody died in December.”

“Every day Customs and Border Patrol agents encounter thousands of illegal immigrants trying to enter our country.”

Southern border apprehensions in fiscal 2018 averaged 30,000 a month (or 1,000 a day). They ticked up in the first two months of fiscal 2019, but it’s a stretch to say “thousands” a day. Better to say “hundreds.”

“America proudly welcomes millions of lawful immigrants who enrich our society and contribute to our nation, but all Americans are hurt by uncontrolled illegal migration. It strains public resources and drives down jobs and wages. Among those hardest hit are African Americans and Hispanic Americans.”

Some context here: In general, economists say illegal immigration tends to affect less-educated and low-skilled American workers the most, which disproportionately encompasses black men and recently arrived, low-educated legal immigrants, including Latinos.

The U.S. Commission on Civil Rights in 2010 found that illegal immigration has tended to depress wages and employment for black men. However, there are other factors at play, and “halting illegal immigration is not a panacea even for the problem of depressed wage rates for low-skilled jobs,” the commission found.

The consensus among economic research studies is that the impact of immigration is primarily a net positive for the U.S. economy and to workers overall, especially over the long term. According to a comprehensive 2016 report by the National Academies of Sciences, Engineering, and Medicine on the economic impacts of the U.S. immigration system, studies on the impact of immigration showed “the seemingly paradoxical result that although larger immigration flows may generate higher rates of unemployment in some sectors, overall, the rate of unemployment for native workers declines.”

“Our southern border is a pipeline for vast quantities of illegal drugs, including meth, heroin, cocaine and fentanyl. Every week, 300 of our citizens are killed by heroin alone, 90 percent of which floods across from our southern border.”

‘There is no crisis’: Three border-town neighbors react to Trump’s wall demand

With a partial wall near their homes, three neighbors in Penitas, Tex., react to President Trump’s call to expand the barrier on the Mexican border.

In 2017, more than 15,000 people died of drug overdoses involving heroin in the United States, according to the Centers for Disease Control and Prevention. That works out to about 300 a week.

But while 90 percent of the heroin sold in the United States comes from Mexico, virtually all of it comes through legal points of entry. “A small percentage of all heroin seized by [Customs and Border Protection] along the land border was between Ports of Entry (POEs),” the Drug Enforcement Administration said in a 2018 report. So Trump’s wall would do little to halt drug trafficking. Trump’s repeated claim that the wall would stop drug trafficking is a Bottomless Pinocchio claim.

“In the last two years, ICE officers made 266,000 arrests of aliens with criminal records, including those charged or convicted of 100,000 assaults, 30,000 sex crimes, and 4,000 violent killings. Over the years, thousands of Americans have been brutally killed by those who illegally entered our country, and thousands more lives will be lost if we don’t act right now.”

Trump warns about dangerous criminals, but the numbers he’s citing involve a mix of serious and nonviolent offenses such as immigration violations. U.S. Immigration and Customs Enforcement reports yearly arrest totals without breaking down the type of offense, which could be anything from homicide to a DUI to illegal entry.

Notice how Trump switches quickly from the 266,000 arrests over two years to charges and convictions: “100,000 assaults, 30,000 sex crimes, and 4,000 violent killings.” In many cases, the people arrested face multiple counts, so that switch gives a confusing picture.

In fiscal 2018, ICE conducted 158,581 administrative arrests for civil immigration violations. The agency’s year-end report says two-thirds (105,140) of those involved people with criminal convictions and one-fifth (32,977) involved people with pending criminal charges. Of the 143,470 administrative arrests in 2017, 74 percent involved people with criminal records and 15.5 percent involved people who had pending charges. But these totals cover all types of offenses — including illegal entry or reentry.

In the fiscal 2018 breakdown, 16 percent of all the charges and convictions were immigration and related offenses.

“Last month, 20,000 migrant children were illegally brought into the United States, a dramatic increase. These children are used as human pawns by vicious coyotes and ruthless gangs.”

No government statistic tracks children smuggled in by bad actors, “coyotes” or drug gangs. What Trump is referring to is CBP’s number for family unit apprehensions, a monthly statistic. The family unit by definition must include at least one parent or legal guardian and one minor. (There’s a separate figure for unaccompanied alien children.)

That number was 25,172 in November, the most recent month for which data are available, but it’s wrong to describe it as a statistic that represents children being smuggled into the country.

Trump describes this as 20,000 children, but it could be many more, considering that some families have multiple children. More important, Trump describes this as children being smuggled in by coyotes or gangs, but border officials screen for false claims of parentage. To imply as Trump does that a child’s mother, father or legal guardian is or hired a smuggler, coyote or gang member in all of these cases is wrong.

“Furthermore, we have asked Congress to close border security loopholes so that illegal immigrant children can be safely and humanely returned back home.”

The Trump administration considers the Flores settlement agreement a loophole. That policy requires the government to release unaccompanied immigrant children who are caught crossing the border within 20 days to family members, foster homes or “least restrictive” settings.

The president also wants to tighten U.S. asylum laws generally and the Trafficking Victims Protection Reauthorization Act, with the goal of restricting some immigrants’ opportunities to file asylum petitions. Trump describes these asylum provisions as “border security loopholes,” but supporters call them core provisions of U.S. laws that cover refugees.

“Finally, as part of an overall approach to border security, law enforcement professionals have requested $5.7 billion for a physical barrier. At the request of Democrats, it will be a steel barrier rather than a concrete wall.”

Trump suggests that Democrats requested a steel barrier rather than a concrete wall, but the proposed switch to steel was an idea the Trump administration brought up. No Democrats are on record demanding a steel barrier along the U.S.-Mexico border.

“This is just common sense. The border wall would very quickly pay for itself. The cost of illegal drugs exceeds $500 billion a year, vastly more than the $5.7 billion we have requested from Congress.”

Trump tweeted a similar claim in March, citing a study from the Center for Immigration Studies, which supports more restrictive immigration policies. Essentially, the claim that the wall pays for itself turns on three numbers: a) estimated savings from each undocumented immigrant blocked by the wall, b) the total number of undocumented immigrants stopped over 10 years and, and c) the cost of the wall.

It’s (a) $75,000 multiplied by (b) 160,000 to 200,000 equals (c) $12 billion to $15 billion. So, if the wall actually costs $25 billion, the number of undocumented immigrants halted by the wall would need to be doubled, or one has to assume it would take 20 years to earn the money back. But other experts offer different estimates for each of those numbers.

Plus, as we’ve previously reported, the wall would do little to stop drugs from entering the United States, since they primarily come in through legal points of entry, making the cost of illegal drugs irrelevant to this issue.

“The wall will also be paid for indirectly by the great new trade deal we have made with Mexico.”

This is a Four Pinocchio claim. During the campaign, Trump more than 200 times promised Mexico would pay for the wall, which the administration says would cost at least $18 billion. Now he says a minor reworking of the North American Free Trade Agreement (NAFTA) will earn enough money for pay for the wall.

This betrays a misunderstanding of economics. Countries do not “lose” money on trade deficits, so there is no money to earn; the size of a trade deficit or surplus can be determined by other factors besides trade. Congress must still appropriate the money, and the trade agreement has not been ratified.

“Senator Chuck Schumer, who you will be hearing from later tonight, has repeatedly supported a physical barrier in the past, along with many other Democrats. They changed their mind only after I was elected president.”

Schumer, Hillary Clinton and many other Democrats voted for the Secure Fence Act of 2006, which authorized building a fence along nearly 700 miles of the border between the United States and Mexico. But the fence they voted for is not as substantial as the wall Trump is proposing. Trump himself has called the 2006 fence a “nothing wall.”

Michelle Ye Hee Lee and Meg Kelly contributed to this report.

(About our rating scale)

 

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

Here is a good summary of Trump’s “Bogus, Self-Created Non-Emergency” (a/k/a “Fiddling While Rome Burns”) from the WashPost Editorial staff:

https://www.washingtonpost.com/opinions/here-are-some-real-emergencies-none-of-them-requires-the-president-to-turn-into-a-dictator/2019/01/08/7030a93c-1376-11e9-803c-4ef28312c8b9_story.html

January 8 at 4:44 PM

AS CRISES go, the situation along the southern border is certainly a logistical, humanitarian and managerial challenge. Its urgency is accentuated by laws and infrastructure ill-suited to the current flood of families seeking asylum in the United States. But it is not a national emergency, as President Trump has framed it, any more than numerous other challenges we can think of.

The Border Patrol’s average monthly arrests of undocumented immigrants have plummeted by nearly two-thirds from the administration of President George W. Bush to that of Mr. Trump. There is no evidence that terrorists have crossed the frontier illegally from Mexico, as Mr. Trump likes to say. And a wall of the sort the president covets would do little to deter drugs or criminals, most of which enter the country through legal crossing points.

As a legal matter, it’s unclear whether Mr. Trump has the authority to declare an official emergency as a means of diverting funds that would enable the military to build the wall; certainly, he would be challenged in court if he tried it. What is clear is that, as a policy matter, many crises are equally or more deserving of the attention, money and resolve Mr. Trump has focused on the wall.

Start with the opioid addiction epidemic, which the president did designate a national health emergency in the fall of 2017. Unfortunately, there has been limited follow-up from him or his administration since then. Even with more than 70,000 people dying in 2017 from drug overdoses, federal spending remains at levels far short of what experts say is required to fight addiction effectively.

What about fatal motor vehicle crashes, which, despite impressive progress in recent decades, claimed the lives of more than 37,000 people in 2017? That’s more than 100 deaths on average each day — more than twice the rate at which U.S. soldiers were killed during the Vietnam War’s bloodiest year, 1968. A similar number of people died in the United States as a result of firearms in 2016, about two-thirds of them involving suicide. Any other Western democracy would regard that as a bona fide emergency; Mr. Trump barely mentions it.

An excellent case could be made for declaring an emergency over Russian meddling in U.S. elections, the scale and scope of which is only gradually becoming clear. Climate change is a full-blown emergency whose threat to lives and property is poised to rise exponentially.

The right response to all these emergencies would be for Congress and the president together to shape policy responses — not to deny their existence, as Mr. Trump does with climate change, or use them for political gain, as he does with the border. The one emergency Mr. Trump fears is the threat he faces from his own base should it conclude his border-wall promise was a hoax. Thus has the president perverted the public debate and diverted the United States’ gaze from authentic dangers.

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

I could have spent all day posting about Trump’s bogus crisis, lies, etc. But, the above two posts really say about all you really need to know about the real facts about the border and Trump’s dishonest attempt to shift attention away from the real crisis he’s caused: The unnecessary and idiotic shutdown of essential Government functions from which it might take us years to recover, if ever! As pointed out by the Post, Trump’s dishonesty and incompetence undermines efforts to address the real problems faced by our nation. That’s going to take some “competence in government” — a feature completely absent from the Trump Administration which has encouraged and implemented “worst practices” at all levels.

I don’t know how we’re going to be able to recruit the “best and brightest” for our Career Civil Service in the future given the way they have been mistreated by Trump and the GOP.

And, Trump’s “kakistocracy,” is a shocking foretaste of what we’re in for in the future if we don’t get some basic competency, decency, and expertise back into our Government Service — at all levels, starting with the top.

PWS

01-09-19

 

AZAM AHMED @ NY TIMES: PERVERSION OF JUSTICE: How Trump Aids Smugglers While Punishing Legitimate Asylum Seekers!

https://www.nytimes.com/2019/01/06/world/americas/mexico-migrants-smugglers.html

Ahmed reports:

REYNOSA, Mexico — As the human smugglers stalk the bus stations, migrant shelters and twisting streets of this Mexican border town, they have no trouble collecting clients like Julian Escobar Moreno.

The Honduran migrant arrived in Reynosa, Mexico, intending to apply for asylum in the United States. But new policies north of the border have instead driven him into the hands of the city’s smuggling cartels, whose business is booming.

“I honestly don’t want to cross illegally, but I don’t really have a choice,” said Mr. Moreno, 37.

The Trump administration, which has partially shut down the federal government in a fight over funding for an enhanced border wall, has adopted a number of strategies over the last two years to deter migrants and persuade them to turn around — or not to come at all.

Its latest effort is a policy that admits only a few asylum seekers a day, if that, at border crossings. As a result of this metering, migrants are now waiting on the Mexican side of the border for weeks and months before they can submit their applications.

In Reynosa and elsewhere, the delays caused by the policy are prompting many migrants to weigh the costs and dangers of a faster option: hiring a smuggler, at an increasingly costly rate, to sneak them into the United States.

In November, the number of migrant families apprehended attempting to cross the border skyrocketed to its highest levels on record, with some of those caught having turned to smugglers at some point in their trip.

“What we have seen is that no one is getting across the border,” said Hector Silva, the director of a center providing services to migrants that sits near the banks of the Rio Grande, which separates Reynosa from McAllen, Tex. “This forces families, with all the desperation they feel, to go illegally.”

The decision to endure a long wait or illegally expedite the journey to the United States is playing out not only in Reynosa, where the crack of gunfire has become a soundtrack of the city, but across the long sweep of the United States-Mexico border, all the way to Tijuana, where a crisis is unfolding as thousands of Central Americans wait their turn to cross the border.

A visit to a Reynosa migrant shelter quickly makes it clear how many are considering the smuggling option.

“I’m scared to go to the border crossing, because they will deport me,” said Maximo Rene Arana Nunez, a Guatemalan who arrived in Reynosa a few days ago and is looking to cross. “I’m stuck here until my family in the United States can save enough money to pay for a smuggler.”

According to those recently deported, migrants who are attempting to cross and local officials, the price that smugglers can command is rising along with the demand for their services.

For those able to afford it, and willing to accept the risk, finding smugglers in Reynosa is easy. The streets seethe with smuggling cartel agents, who openly pitch their services.

The dangers of an illegal crossing are not enough to dissuade migrants. They are fearful, but many feel they have no other recourse. For many, the calculation is predicated on a simple truth: What lies behind them is worse than what may lie ahead.

“I don’t have an option, I can’t be there,” Mr. Moreno said of his native Honduras. “Our government is totally corrupt, and if the Mexicans or Americans deport me, I’m dead.”

Mr. Moreno now works 12-hour shifts on the outskirts of the city, trying to save enough to pay for a smuggler.

For other migrants in the shelter, the equation was not necessarily of life or death, but of exchanging well-known hardship for vaguer hope.

“Look, we know what the situation is in our country,” said Osman Noe Guillén, 28, who reached Reynosa with his partner shortly after their marriage, having treated the ride on the buses up from Honduras as something of a honeymoon. “We don’t know what will happen when we cross.”

Mr. Guillén gripped the hand of his wife, Lilian Marlene Menéndez, and allowed himself a smile. Blind faith and economic need were enough for them. They did not know how grim and dangerous Reynosa was before they arrived, only that it was the closest crossing from Honduras and therefore the cheapest to reach.

Yes, they had heard the angry rhetoric about migrants coming out of the United States, they said, and knew about the deportations and long waits at the border. But they didn’t care.

“Desperation makes you do crazy things,” Mr. Guillén said. “I don’t think anything would stop me. And certainly not a wall.”

The couple, having priced out the next leg of the journey with local smugglers, said they had accepted the risks of continuing. The smugglers, or polleros, are known to kill or strand migrants who falter in their payments, and to extort those who have families that can mortgage homes or drum up more money.

In recent days, the couple was quoted a price of $7,000 apiece just to make it to the banks on the Texas side of the river.

That appears to be on the higher end; many Central Americans recently have been quoted $5,500 to be ferried to reach the other side of the river. Not long ago, $4,000 was the going rate.

Some of the migrants interviewed who were planning to try the smuggling route said they still intended to apply for asylum if and when they made it to the United States.

While the United States’ revised policy toward asylum seekers is primarily aimed at dissuading Central American migrants from making the trip to the border, it is also affecting Mexican policy and the lives of Mexicans in border cities.

The mayor of Reynosa, Maki Esther Ortiz Dominguez, noted that her city, in the state of Tamaulipas, was already one of the most dangerous in Mexico. She said she is worried the situation in Reynosa could grow even worse, as migrants are either preyed upon by criminals or recruited to join their ranks.

“This policy could at any moment detonate a new crime wave here,” Ms. Ortiz Dominguez said.

In the center of the bridge that connects Reynosa with McAllen, the United States Border Patrol this summer constructed a new booth for prescreening people hoping to make it into American territory. At least two officers are on duty in the tiny structure, asking everyone who passes for their documentation.

More recently, Mexican officials have begun acting as a first line of border defense. As people queue up to cross the bridge, Mexican agents are now pulling Central Americans out of the line, demanding their paperwork and detaining them if they have not filled out the proper documentation.

Some have languished for months waiting for family members to send money to pay the fee for the paperwork.

The new approach by Mexican agents at the border was begun under pressure from the United States, said one Mexican official in Reynosa, requesting anonymity because this person was not authorized to discuss the decision publicly.

It was this new approach by the authorities in Mexico that ensnared Mr. Moreno.

Having been run out of Honduras by the notorious 18th Street gang for refusing to work for them, he believed he had a good case for political asylum in the United States and went to the bridge in Reynosa so he could start the application process.

But moments after arriving with his pregnant wife and three children at the foot of the international bridge, he and his family were stopped by Mexican officials and detained.

A few months ago, Mr. Moreno’s lack of proper paperwork would have been ignored by the Mexican authorities, according to local officials and immigration lawyers. But Mr. Moreno was held in a cell for 20 days and his family was placed in a temporary shelter.

The lure of the smugglers in Reynosa is not limited to Central Americans. Mexicans, too, employ their services, although the cost is lower — the prices charged seem to depend on just how bad the situation is in a migrant’s home country.

On a recent day in a migration office in Reynosa, a group of Mexicans sat waiting to be processed after their deportations from the United States.

“For the migration authorities, it is a job,” said Melvin Gómez, 18, who is from the Mexican state of Chiapas. “For Mexicans and Central Americans, immigration is a dream.”

Mr. Gómez had just tried crossing for the fourth time the day before.

“We have something to live for,” he said, “and that keeps us going.”

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

Trump, Sessions, & Nielsen have helped empower criminal gangs in the U.S. and the Northern Triangle with their clueless and racist-driven enforcement policies. Now they are handing out similar benefits to smugglers and human traffickers. And, in both instances, the Trumpsters have discouraged those actually trying to help law enforcement and/or comply with the law.

Yes, our immigration system needs changes. But, the only “immigration emergency” right now is that intentionally manufactured by Trump and his gang of White Nationalist incompetents. Don’t let them get away with their fraud, waste, and abuse!

PWS

01-08-19

MARY PAPENFUSS & PROFESSOR LAWRENCE LESSIG @ HUFFPOST: TRUMP & THE GOP ARE THE REAL EXISTENTIAL THREATS TO NATIONAL SECURITY! — ““The fools are they who enable this constitutional immorality,” Lessig wrote. “Those fools are the Senate Republicans, who have placed party over country, and President Trump over the Republican Party.”

https://www.huffingtonpost.com/entry/lawrence-lessig-donald-trump-national-emergency_us_5c32b2eae4b0d75a98320eae

Papenfuss reports:

Constitutional law expert and Harvard professor Lawrence Lessig dismissed President Donald Trump’s characterization of the immigrant situation at the Mexican border as a crisis on Sunday, then said the real national emergency was “this president.”

Asked about Trump’s threat to declare a national emergency on the southern border so that he can order his wall built without congressional approval, Lessig told MSNBC: “The man is using words that have no connection to reality.”

“He says we have a national crisis … a national emergency. I agree we have a national emergency, but the emergency is this president,” Lessig added. “The emergency is the fact we don’t have an executive who’s exercising his power in a responsible way.”

Lessig said the president can’t build his wall without the backing of Congress.

“Ultimately he has no constitutional authority to exercise the power to build this wall without Congress’ approval,” Lessig said. “These statutes were certainly not written with the intent to give a man like Donald Trump the power that he’s now claiming.”

In an opinion piece Lessig published in The Guardian on Friday, he said the Constitution would not uphold the actions of a president who shut down the government to insist on a program that was not supported by the public. Lessing referred to the situation as a “veto-ocracy,” ruled by “petulance” rather than “principle.”

If the Republicans support Trump in this, they are saying that any president can “support whatever policy he likes,” including, say, to nationalize health insurance.

“The fools are they who enable this constitutional immorality,” Lessig wrote. “Those fools are the Senate Republicans, who have placed party over country, and President Trump over the Republican Party.”

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

Part of the blame for this unprecedented national disaster belongs to the Supremes’ majority for their shockingly spineless performance in the “Travel Ban Case.” By failing to stand up for the Constitution in the face of Trump’s clear record of religious and racial bias and the rest of his White Nationalist hokum, their message was clear.

Whenever Trump doesn’t want to follow the law or is thwarted by Constitutional separation of powers, all he needs to do is declare another totally bogus “national emergency.” Will the GOP appointees keep looking away while the Constitution and our republic crumble before this unscrupulous madman? Or, will Chief Justice Roberts and some of the “Gang of Five” make good on Roberts’s recent claim that “there are no GOP or Democratic Federal Judges?”

Last time it was Muslims and refugees; this time, it’s asylum seekers, kids, and families in Trump’s crosshairs; next time, maybe he’ll come for the Supremes themselves. If so, they shouldn’t look to the immoral and cowardly GOP Senate for any help!

PWS

01-08-19

RUTH ELLEN WASEM @ THE HILL: “Trump’s Wall Would Be A Symbol Of Failure”

https://thehill.com/opinion/immigration/423079-trumps-wall-would-be-a-symbol-of-failure

Ruth writes:

If erected, President Trump’s border wall would be a symbol for America’s failure to implement effective immigration policies. It would be a tombstone marking the abandonment of our values that protect refugees and welcome immigrants. It would be a monument to our neglect to support healthy democracies in our hemisphere.

Most Americans, of course, do not support a border wall. Public opinion polls from December 2018 found that 54 percent to 57 percent of those surveyed did not support building a wall along the U.S.-Mexico border. Most recently, the NPR/PBS/Marist Poll similarly reported that 56 percent of those surveyed thought President Trump should compromise on the border wall.

One only needs to turn to border security experts for reasons not to support a border wall. They note that the United States already has invested over $2 billion to build about 700 miles of fencing and has spent billions of dollars on border surveillance technologies. A 2016 study by the Migration Policy Institute that reviewed research from across the globe found little evidence that border walls stopped unauthorized migration. At best, the such barriers divert, rather than prevent, illegal flows.

It’s difficult to make a case for the border wall since unauthorized migration from Mexico has dropped to historic lows in recent years. The only significant uptick are the well-documented flows of asylum-seekers from Central America. Others more expert than I have warned about the dangers to our hemisphere if we turn our back on the violence and breakdown of civil society in the Northern Triangle. It is irresponsible to abandon Mexico to deal with the Central Americans displaced by the violence. Building Trump’s wall is not an honorable or a credible policy response, and it puts the stability of the whole region at risk.

The good news is that responsible and effective immigration policies do not need to be highly partisan issues. Democrats and Republicans are at an impasse only because President Trump insists that he needs $5 billionfor his border wall. When it comes to immigration reform and border control, there is considerable common ground among Republicans and Democrats.

Reasonable policymakers in both parties long have known that border security resources need to be committed to modernizing our ports of entry (POEs). As RAND border security expert Blas Nunez-Neto has written, “(P)olicymakers could consider investing in improvements to the ability to detect narcotics at ports of entry, the common entry point for the most dangerous drugs.” In addition, national security and commerce require that we upgrade the infrastructure at POEs to be able to handle the flow of people and goods in the 21st century. Neglecting the POEs in pursuit of a border wall is shortsighted and dangerous.

There long has been bipartisan support for increasing the number of immigration judges and asylum officers along the southern border. For example, Sen. Ted Cruz  (R-Texas) and Rep. Henry Cuellar (D-Texas) have supported increasing the number of judges. We would not need to turn a Walmart into a detention center if there were sufficient adjudicators and judges to process credible-fear and asylum cases fairly and expeditiously. Asylum-seekers and other migrants would not be languishing along the border, and children would not be separated from their parents, if we funded adjudicators commensurate with border security.

Finally, for the past two decades, policymakers from both sides of the political aisle have recognized the need to reform legal immigration so that it better conforms to the national interest. Several times during the Bush and Obama administrations, comprehensive immigration reform billsdrafted by a bipartisan group of senators passed the U.S. Senate. Even the “Dreamers” who enjoy broad and bipartisan support have not seen legislation enacted to resolve their immigration status. In other words, there is agreement that immigration policy should be revised to reflect the national interest, but we have not yet reached a consensus on what constitutes the national interest. This, not the wall, is the debate that should engage us.

At the dawn of 2019, it is time to leave failed ideas behind and move immigration reform and control forward.

Ruth Ellen Wasem is a clinical professor of policy at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. For more than 25 years, she was a domestic policy specialist at the U.S. Library of Congress’ Congressional Research Service. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration.

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

I agree with Ruth that for $5+ billion we should get some real border security, which certainly should include fairer, more efficient, more humane processing of asylum applicants. That, rather than bogus “Walls” (which wouldn’t be built for years anyway), more expensive, needless, and inhumane detention, and gimmicks like “return to Mexico” and intentional slowdowns in applicant processing is the way to get individuals to apply for asylum at ports of entry.

That being said, I’m sure that border security could include some physical barriers in places where experts think they actually would assist humane, professional border enforcement.

I also think, as Nolan and others have suggested, that some form of “Dreamer Relief” could be part of a compromise border security that could gain bipartisan support.

PWS

01-07-19

IMMIGRATION COURTS: WILL TRUMP’S SHUTDOWN BE THE FINAL NAIL IN THE COFFIN? — Demoralized, Backlogged, Mismanaged, Immigration Courts Experiencing A New Wave Of Politically Caused “Aimless Docket Reshuffling,” As More Cases That Should Have Been Completed Are Mindlessly “Orbited” to 2021 & Beyond Because Of Trump’s Intransigence!

https://www.washingtonpost.com/world/national-security/shutdown-worsens-strain-on-us-immigration-system/2019/01/02/97dd0ef6-0ebe-11e9-84fc-d58c33d6c8c7_story.html

Nick Miroff reports in the WashPost:

. . . .

The Executive Office for Immigration Review, the immigration court system run by the Justice Department, did not respond to requests for comment, because its public affairs staff has been furloughed.

But Ashley Tabaddor, president of the National Association of Immigration Judges, the union that represents the country’s approximately 400 judges, said the impact of the disruption has been “immense.”

Immigration judges all received furlough notices on Dec. 26, she said, but many have since been instructed to return to court to adjudicate cases of detainees in immigration custody. The judges are also working without pay.

Some of those judges have their calendars booked three to four years in advance because of the backlog of cases, Tabaddor said, so hearings that have been canceled in recent days cannot be rescheduled until 2021 or beyond.

“The irony is not lost on us,” Tabaddor said, “that the immigration court is shut down over immigration.”

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

Read Nick’s complete report at the link.

This confirms what many have been saying all along: Trump neither knows nor cares about effective immigration enforcement. No, he’s all about blowing racist “dog whistles” for the benefit of a White Nationalist “base.”

I remember how previous shutdowns were the beginning of the “Aimless Docket Reshuffling” that has so damaged our Immigration Courts and artificially jacked up the backlog. First, the politicians show their disdain for the Government they are supposed to be running and the civil servants who are actually doing the work of that Government. Then the politicos at DOJ show their disrespect by designating most Immigration Court functions as “nonessential.” Then, when work resumes, EOIR basically says “no heroics, just put all the cancelled cases at the end of the docket.” So much for urgency, priorities, Due Process, and respect.

In fact, an operating, well-staffed, highly professional Immigration Court with expertise in asylum and other complex provisions of immigration law and an unswerving commitment to enforcement of Due Process for all individuals within its jurisdiction is essential for effective immigration enforcement. Indeed, this was “at least one central reason” for the removal of the Immigration Courts from the “Legacy INS” and the establishment of EOIR as a separate quasi-judicial entity within the DOJ during the Reagan Administration.

For a time, EOIR made substantial progress toward professionalism and judicial independence until the advent of Attorney General John Ashcroft and his notorious nativist sidekick Kris Kobach in 2001.  Thereafter, it’s been pretty much straight downhill, starting with Ashcroft’s trashing of the BIA and continuing through Sessions’s gross mismanagement and overt attacks on judicial independence, due process, and substantive asylum law.

Today, the Immigration Court system is in shambles, unable to provide either consistent fairness and Due Process to respondents or timely removal orders for those who might be legitimate enforcement priorities for the DHS. The BIA fails to provide true deliberation, commitment to Due Process, and expertise, particularly in the areas of asylum, CAT, and the provisions for removal of certain criminals. This, in turn, erodes deference and debilitates efficient review from the “real” Article III Courts.

The Trump Administration has made a complete hash out of the immigration laws. However, at some point, reasonable, responsible leadership will return to the political scene. When it does, an independent Article I U.S. Immigration Court must be at or near the top of the legislative agenda.

Until then, the dysfunction will increase unless and until the Article IIIs figure out and impose a temporary fix. Otherwise, they are likely to have little if any judicial time to devote to anything other than the chaos thrust upon them by the rapidly failing Immigration Court system.

PWS

01-05-19

 

PROFESSOR STEPHEN LEGOMSKY IN USA TODAY: Gender Is Clearly a “Particular Social Group” – Congress Must Amend The Law To Insure That Neither Bureaucratic Judges Nor Political Hacks Like Sessions & His Ilk Can Deprive Women & LGBTQ Individuals Of The Protections They Need & Deserve!

https://www.usatoday.com/story/opinion/2019/01/02/gender-related-violence-grounds-asylum-refugee-women-congress-column/2415093002/

When women arrive at our shores asking only that they not be beaten, raped or murdered, delivering them to their tormentors isn’t an option.

LINKEDINCOMMENTMORE

Our asylum laws have some gaping holes. These gaps endanger many groups, but none more so than women and girls who are fleeing domestic violence, honor killings, mass rape in wartime, gang rape by criminal gangs, and other gender-related violence. Congress must explicitly recognize gender-based persecution as a potential asylum ground.

Asylum requires a “well-founded” fear of being persecuted. But not just any persecution will do. The persecution has to occur for one of five specific reasons — your race, your religion, your nationality, your political opinion, or what the law calls your “particular social group.” Gender is notably missing from this list.

That omission is not surprising. U.S. asylum laws, like those of most other western countries, track the language of an international refugee convention that was adopted in 1951. Gender-related violence was simply not on the public radar at that time.

But it is now 2019. The historical excuse will no longer wash. With women’s marches, the MeToo movement, the Brett Kavanaugh confirmation process and women’s stunning midterm electoral successes, gender-related violence is now part of our national consciousness.

Read more commentary:

As a Syrian refugee in US, I watched my country collapse. But there is a path to hope.

Refugees at US-Mexico border are treated like criminals

Bring more refugees to America. They’ll fill vacant jobs and boost our economy.

Without specific congressional recognition of gender-based persecution, women and girls fleeing the most horrific violence imaginable have had to argue that they will be persecuted because of their “particular social group.” Today that is easier said than done. The nation’s highest administrative tribunal that decides asylum claims — the Justice Department’s Board of Immigration Appeals — has been adding more andmore roadblocks to asylum claims that are based on “particular social group.”

This was not always the case. In 1985, the board defined “particular social group” as one in which membership is “immutable.” Gender, of course, meets that definition.

The immutability test makes perfect sense. If you will be persecuted only because of an innocuous characteristic that you can easily change, then you don’t need asylum. But if that characteristic cannot be changed, you have no other practical way to protect yourself. The immutability test thus allows asylum for those who need it and withholds it from those who don’t.

Justice constraints are harmful, irrational

But the board could not leave well enough alone. Along the way it invented two additional requirements. One is “social distinction.” If you claim persecution because of your membership in a “particular social group,” you must now prove that your home society describes that class of individuals as a “group.” Second, you must now prove what the board calls “particularity.” By this it means you must prove that your home society can figure out whether hypothetical other individuals are members of the group.

There are only four problems with those requirements: The board has no convincing legal authority to impose them. No one really understands what they mean. They are nearly impossible to prove. And they make no policy sense: why should the U.S. decision whether to grant asylum to someone depend on whether her home society thinks of the particular class as a “group,” or on whether the home society can tell which other individuals belong to that “group”?

Last June, then-Attorney General Jeff Sessions made this bad situation worse. Overruling board precedent, he announced that, henceforth, anyone fleeing domestic violence (or, for that matter anyone fleeing gang violence) will “generally” be unable to prove either social distinction or particularity and therefore should be denied asylum. Although a federal court has blocked that decision for now, the Supreme Court will likely determine its ultimate fate.

But the problems go beyond that specific case. First, the artificial constraints that the board has imposed for all claims based on “particular social group” are both harmful and irrational. Second, it is only because gender is not on Congress’s list of specifically protected grounds that women and girls have had to fit their claims into “particular social group” in the first place.

Women would still prove need for asylum

What arguments could possibly be made for protecting people from racial or religious persecution but not from gender persecution?

Perhaps the fear is that domestic violence is too endemic, that allowing asylum would open the floodgates. We need not worry, for a woman or girl fleeing domestic violence has multiple legal burdens that minimize the numbers: She must prove that her fear is both genuine and well-founded, that the harm she fears is severe, that her government is unable or unwilling to protect her, that no place anywhere in her country would be safe, and — even if gender is added to the list — that the persecution will be inflicted because of her gender. These are all high bars, and proof requires meticulous, persuasive documentation. Canada has recognized domestic violence asylum claims since the 1990s, and no floodgates have opened.

The U.S. cannot singlehandedly eradicate all violence against women and girls — even here at home. But we can at least avoid being an accomplice. When women and girls arrive at our shores asking only that they not be beaten, raped or murdered, delivering them to their tormentors is not an option. Congress should restore the original meaning of “particular social group,” and it should recognize that gender, like race and religion, belongs in the list of specifically protected grounds.

Stephen Legomsky is a professor emeritus at the Washington University School of Law, the principal author of “Immigration and Refugee Law and Policy,” and the former Chief Counsel of US Citizenship and Immigration Services in the Obama Administration.

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

Steve is absolutely right! This needs a legislative solution. And, while they are at it, Congress also needs to insulate the Immigration Court against future bureaucratic and political shenanigans by creating an independent Article I Immigration Court with a merit-based judicial selection system.

Not coincidentally, the BIA added the intentionally unduly restrictive “particularity” and “social distinction” (formerly “social visibility”) requirements (remarkably, without dissent or even full en banc treatment) only after a group of BIA Judges, including me, who understood both asylum law and women’s rights, and weren’t afraid to vote accordingly, had been removed by Attorney General Ashcroft in a bogus and disingenuous politically motivated “downsizing” following the election of President George W. Bush in 2000. Since then, asylum seekers generally have had a hard time finding justice at the “captive” and politically controlled BIA.

And, the situation has become critical following the tenure of the White Nationalist, misogynist political hack Jeff Sessions as Attorney General. Sessions abandoned even the pretense of fairness, deliberation, impartiality, and judicial temperament in his anti-asylum, anti-Due-Process, anti-women campaign to rewrite the law to fit his preconceived White Nationalist xenophobic agenda — one that he (understandably & fortunately) never was able to push through Congress during his tenure as a Senator.

PWS

01-04-19

 

 

 

THE HILL: NOLAN SAYS PACKAGE INCLUDING BORDER SECURITY & DREAMER SOLUTION IS KEY TO ENDING SHUTDOWN

https://thehill.com/opinion/immigration/423320-pelosi-could-get-tinkle-all-over-her-if-she-blocks-funding-for-trumps

Family Pictures

Nolan writes:

. . . .

Strict enforcement of employer sanctions could create chaos within California’s employer class, the kind of personal and financial turmoil that elected representatives are expected to fix — and which puts them in bad odour if they don’t.

Instead of putting Trump in a position where he has to resort to such drastic action, Pelosi could offer him border wall funding in exchange for immigration reform legislation, such as a legalization program for DACA participants.

Previous negotiations with Trump on DACA legislation seemed promising when he offered a legalization program for 1.8 million DACA participants in his Framework on Immigration Reform & Border Security, but the Democrats would not agree to the concessions he was demanding.

The deal killer was a demand to end chain migration, but there is a way to compromise on that demand. Instead of a creating a regular legalization program for the DACA participants, create a place for them in the Special Immigrant Juvenile (SIJ) program.

This little-known humanitarian program makes lawful permanent resident status available to undocumented alien children who have been abused, abandoned, or neglected by a parent and should not be returned to their own countries.

Trump’s other demand was to end the Diversity Visa Program (DVP), but the Democrats have shown a willingness to end this program. Senator Charles Schumer’s (D-N.Y.) Gang of Eight bill would have repealed the DVPif it had been enacted.

. . . .

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

I think that Nolan is on the right track for a compromise solution to end the shutdown:  robust border security plus Dreamer relief seems like a logical package. But, as with everything in Washington, the Devil is in the details.  And, Trump is always a “Wild Card” (in more ways than one).

If anyone can figure out a way to broker an agreement with Trump and Leader McConnell, it would be Speaker Pelosi. Whether you are a fan or not, she clearly will go down as one of the most effective and skilled legislators of her generation. Interestingly, Colby Itkowitz of the WashPost’s “The Fix” observed that Trump seems to have an unusual (and perhaps healthy) respect for Pelosi.  https://thehill.com/opinion/immigration/423320-pelosi-could-get-tinkle-all-over-her-if-she-blocks-funding-for-trumps

PWS

01-04-19

SCOFFLAW ADMINISTRATION GETS YET ANOTHER LESSON IN DUE PROCESS: Bond Hearing Constitutionally Required! Kouadio v. Decker, USDC SDNY

ivorian

Kouadio v. Decker, USDC SDNY, Judge Alvin K. Hellerstein, 12-27-18

KEY QUOTE:

“This nation prides itself on its humanity and openness with which it treats those who seek refuge at its gates. By contrast, the autocracies of the world have been marked by harsh regimes of exclusion and detention. Our notions of due process nourish the former spirit and brace us against the latter. The statutory framework governing those who seek refuge, and its provisions for detention, cannot be extended to deny all right to bail.”

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

Check out the full opinion. One interesting aspect concerns the administrative history. Over his 34 months of detention, the respondent’s asylum hearing was continued at least nine times. At least six of those continuances were caused by DHS or EOIR for a variety of  mostly avoidable reasons including failure to have the correct interpreter, failure to produce the respondent, and insufficient time to complete the hearing. By contrast, the respondent’s conginuances were all well justified and directly related to Due Process — basically getting an attorney and sufficient time to prepare his case.

Remember, this was supposedly a “priority detained” case. Yet this grotesquely mismanaged parody of a court system bumbled along like an episode of the Keystone Cops.

This is an example of the “Aimless Docket Reshuffling” that has become chronic in Immigration Court. Yet, instead of placing primary blame where it squarely belongs on DHS and DOJ, and making good faith attempts to solve the problems they created, corrupt officials like Sessions and Nielsen tried to shift the blame to the victims: the respondents and their attorneys and often the Immigration Judges themselves.

We need an independent Article I Immigration Court under honest, competent, impartial, apolitical, professional judicial administration. And, we need an Immigration Court that will treat both parties fairly and equally, rather than treating  DHS as a “partner” and the “boss” and the respondents and their attorneys as “enemies.”

PWS

12-29-18

 

 

 

KILLER SYSTEM: ASYLUM OFFICES, IMMIGRATION COURTS FAIL TO PROVIDE BASIC DUE PROCESS, FUNDAMENTAL FAIRNESS, COMMITMENT TO THE GENEROUS HUMANITARIAN INTENT OF ASYLUM LAW — Those Entitled To Asylum Or Other Protections Pay With Lives Or Suffer Further Persecution As A Result Of Poor Performance From Failing System! — When Will This Deadly National Disgrace Now Driven By Outlaw Administration End?

https://www.washingtonpost.com/classic-apps/when-death-awaits-deported-asylum-seekers/2018/12/26/6070085a-a62d-11e8-ad6f-080770dcddc2_story.html

Kevin Sieff & Carolyn Van Houten report for WashPost:

The threats from MS-13 had become incessant. There were handwritten letters, phone calls and text messages that all said the same thing: The gang was preparing to kill Ronald Acevedo.

His family pieced together a plan. They paid a smuggler to take Acevedo to the United States border. It was April 2017, three months after Donald Trump was inaugurated. The family believed that Acevedo could convince anyone, even the new president, that returning to El Salvador meant certain death. The country had the world’s highest murder rate. Acevedo had already been stabbed once.

“They already kill my friends, and they are going to do the same to me,” he said, according to his asylum application.

The plan didn’t work. After eight months in detention, Acevedo, 20, abruptly withdrew his asylum claim, reversing course and telling an immigration judge, “I don’t have any fear” of returning to El Salvador.He was deported to El Salvador on Nov. 29, 2017. He disappeared on Dec. 5, 2017, and his body was later found in the trunk of a car, wrapped in white sheets. An autopsy showed signs of torture.

His family says that he expressed a willingness to return to El Salvador only after immigration officers told him that he had no chance at gaining asylum and could spend many more months in detention.

U.S. Immigration and Customs Enforcement (ICE) did not respond to the family’s allegations that immigration officials dissuaded him from continuing his asylum case but said in a statement that it had a legal obligation to hold him in detention.

“ICE’s detention authority is based in the furtherance of an alien’s immigration proceedings, and if so ordered, their removal from the country,” the agency said.

Acevedo’s relatives spoke on the condition that his full name not be used, out of fear for their safety. (The Post is using only part of his name.) In a series of interviews, they discussed his asylum application and provided letters, Facebook messages and official documents outlining what happened to him. The Post also obtained transcripts of the proceedings and asylum documents through a Freedom of Information Act request.

. . . .

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

Read the complete report at the link.

Based on these facts, Acevedo should have had a “slam dunk” claim for a grant of protection under the Convention Against Torture (“CAT”): a probability of torture at gang’s hands with government acquiescence/willful blindness.

He might also have had a grantable withholding of removal claim on the basis of imputed political opinion — opposition to gangs in a country where gangs are a political force, actually the de facto government in many areas.

He also appears to meet the basic requirements for a grant of asylum on the same ground. However, his participation in assisting gangs could be a basis for a discretionary denial of asylum. Depending on further development of the facts, it also might amount to “assistance in persecution of others” which would bar withholding of removal under the Refugee Act but not CAT protection.

Obviously, Acevedo was entitled to a full, fair hearing on this complex and substantial claim. That requires a lawyer and an impartial U.S. Immigration Judge.

Instead, individuals literally pleading for their lives under U.S. and binding international laws face a policy of official coercion, lack of real training, rampant bias and political interference, a “captive court” that lacks the authority and the will to do what’s necessary to get the results correct, widespread contempt for individuals, their lawyers, and human life: That’s “business as usual” at DHS, the Asylum Office, DOJ, EOIR and the Immigration Courts — all glommed together in an unethical and probably unconstitutional morass that elevates (often bogus or wildly exaggerated) enforcement concerns above the law and our obligations to provide fair opportunities to be heard and protect human life. Perhaps worst of all, nobody is held truly accountable for this ungodly mess that is a blot upon our national conscience and an affront to the rule of law.

Congress has been AWOL. The Article III Courts have provided some welcome pushback, but have only scratched the surface of this deeply corrupt and lawless system; they are still disingenuously deferential to an inherently flawed process that merits no deference whatsoever!

PWS

12-28-18

BOGUS BACKLOG BUILDS! — DOJ Politicos Use Trump Shutdown As Excuse To Shutter Most US Immigration Courts, Creating More Backlogs & “Aimless Docket Reshuffling!”

Immigration Court Operating Status During Lapse in Appropriations
During the current lapse in appropriations, the following operating status is in place for EOIR:
Detained docket cases will proceed as scheduled.
Non-detained docket cases will be reset for a later date after funding resumes. Immigration courts will issue an updated notice of hearing to respondents or, if applicable, respondents’ representatives of record for each reset hearing.

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

The above “official notice” from EOIR is a striking reminder that we have idiots running our Government, starting at the very top. These are folks who can invent a “national emergency” over a few thousand desperate migrants waiting for routine legal processing at our border. But, the same folks can’t come up with a rationale for keeping the vast bulk of the nation’s already collapsing Immigration Courts operating. Since the system isn’t automated either, the result will be more backlog and more of the “Aimless Docket Reshuffling” for which DOJ and EOIR are infamous.

Notably, most of DHS appears to be “up and running” even without appropriations.

In my thirteen years a the Arlington Immigration Court, I was usually “nonessential,” but occasionally “essential” during various shutdowns, depending on the whims of the politicos at DOJ and the EOIR front office. So, the problem pre-existed this Administration. Indeed, mindless shutdowns over the years helped contribute mightily to both backlog and morale problems at the U.S. Immigration Courts. There’s no better way to “demotivate” people than to tell them that their work is “non-essential.”

During the 2013 “shutdown,” then D.C. Mayor Vincent Gray, never known as the most creative politician to hold office, simply declared every D.C. employee “essential”  — and he got away with it.

The next time that this or any other Administration, or Congress, tries to blame their bogus, self-created Immigration Court “backlog” on migrants, their lawyers, Immigration Judges, or EOIR line court employees, just “call B.S.” Know and remember who’s causing the real problems in this beleaguered, politicized, and totally mismanaged mess of a “court” system (a/k/a “Clown Court”)!

PWS

12-26-18

 

 

NQRFPT: I’M ALREADY PROVED RIGHT ON NIELSEN’S LATEST HAREBRAINED SCHEME TO SCREW ASYLUM SEEKERS: Mexico is “Completely Unprepared,” DHS is Massively Incompetent, The “Real Experts” Among Advocacy Groups & NGOs Are Sharpening Their Litigation Knives, & The House Is Getting Ready To Hold Nielsen & Her Toadies Accountable For The Inevitable Deaths, Rapes, & Assaults On Asylum Seekers In Mexico!

https://apple.news/ABxGIu1zQSumaDYsJutu1uA

Scott Bixby reports for The Daily Beast:

Opponents of the Trump administration’s plan requiring all migrants seeking asylum in the United States to remain in Mexico for the duration of their immigration proceedings have vowed to challenge the policy, which they say—like nearly every other aspect of President Donald Trump’s immigration agenda—almost certainly violates constitutional protections, international treaties, and federal law.

The policy, dubbed the “Migration Protection Protocols” by the Department of Homeland Security, is “disgraceful and illegal” and “will result in the loss of life for vulnerable people seeking safety,” said Michelle Brané, director of the Migrant Rights and Justice program at the Women’s Refugee Commission. “This president has, again, chosen to exploit and endanger the lives of women and children to advance his own self-serving agenda.”

“Pushing asylum-seekers back into Mexico is absolutely illegal under U.S. immigration law,” Eleanor Acer, senior director for refugee protection at the nonprofit Human Rights First, told reporters on a conference call on Friday morning. “This scheme will increase, rather than decrease, the humanitarian debacle at the border.”

Under the proposed rule change, migrants who attempt to claim asylum in the United States at the southern border will almost universally be held in Mexico for the duration of their immigration proceedings, a process that could take years.

Calling the move “a historic measure,” the Department of Homeland Security revealed the plan on Thursday, at the same time Secretary Kirstjen Nielsen was being grilled by members of the House Judiciary Committee on the Trump administration’s numerous immigration controversies, including its family separation policy (the existence of which Nielsen denied) and the recent death of a 7-year-old migrant girl in the custody of Immigration and Customs Enforcement.

In the announcement, Nielsen said that “aliens trying to game the system to get into our country illegally will no longer be able to disappear into the United States, where many skip their court dates.” Instead, “they will wait for an immigration court decision while they are in Mexico. ‘Catch and release’ will be replaced with ‘catch and return.’ ”

Mexico’s foreign ministry, contradicting the foreign policy platform that helped sweep the country’s new president into power, said that it “will authorize, for humanitarian reasons and temporarily, the entry of certain foreign persons from the United States who have entered the country through a port of entry or who have been apprehended between ports of entry, have been interviewed by the authorities of migratory control of that country, and have received a summons to appear before an immigration judge.” (The country’s top immigration official now says that Mexico is completely unprepared to fulfill its end of the bargain.)

Organizations on the ground say that the policy is a clear violation of both federal and international law, as well as constitutional guarantees of due process—and plan to fight it in court.

“This administration knows that the border area is unsafe for women and children,” Brané said, “and still, this administration doubles down on policies that make everyone less safe.”

“The administration seems to have no plan for implementation,” said Kennji Kizuka, a senior researcher and refugee protection policy analyst at Human Rights First. “Will lawyers be able to visit their clients before hearings? Where will those hearings take place?… Access to counsel is one of the most important factors in whether or not an asylum seeker is able to live in safety in the United States.”

In addition to Article 33 of the United Nations Convention and Protocol Relating to the Status of Refugees, which prevents the forcible return of asylum-seekers to countries where they face persecution, torture or death—dubbed the principle non-refoulement in international law—advocates pointed to laws passed by Congress that mandate the admission of unaccompanied children seeking asylum at the U.S. border as being blatantly violated by the president’s policy.

“Refusing to process children very clearly violates the Trafficking Victims Protection Reauthorization Act, written specifically to protect this vulnerable population,” said Lisa Frydman, vice president for regional policy and initiatives at Kids in Need of Defense (KIND), a nonprofit that works on behalf of unaccompanied children who enter the U.S. immigration system alone. Speaking on a call with reporters, Frydman recounted interviews with unaccompanied children held in shelters in Tijuana, the conditions of which are “squalid,” Frydman said.

“Unaccompanied children are being systematically denied access to apply for protection in the United States” as they seek asylum protections, Frydman said, and their efforts to avoid both U.S. and Mexican immigration authorities are putting them in even more danger of exploitation.

Some of the children have even taken to living on the streets of Tijuana, Frydman said, where they have no access to medical treatment, food, or protection from those who might exploit them. The dangers are extreme: just this week, two Honduran children were murdered in Tijuana after being stopped by would-be robbers as they attempted to move from one shelter to another.

“All of our organizations have been on the ground in Tijuana recently and are united in our assessment that conditions there are very unstable and very unsafe,” said Wendy Young, president of KIND. Those conditions, Young continued, “are going to further deteriorate” as the number of asylum-seekers stuck at the border increases.

A 2017 study by Human Rights First documented 921 crimes against migrants committed by federal or state officials in Mexico, where nearly 70 percent of migrant children are held in “prison-like” immigration detention facilities, according to a report from Human Rights Watch, despite Mexican laws prohibiting children from being held in such facilities.

These unsafe conditions in Mexico make forcing asylum-seekers to remain their a blatant violation of the principle of non-refoulement, advocates said, and therefore a violation of international law.

“These migrant camps are not safe for children,” said Dr. Alan Shapiro, a pediatrician who co-founded Terra Firma, an organization that provides medical care to undocumented children. “They are not enclosed camps, they do not have roofs over their head.” On a recent visit to one camp in Tijuana, Dr. Shapiro said, he saw a two-year-old child who had recently suffered a seizure and had no access to medical care, or even proper food.

“This child was eating powdered baby formula out of the can—there was no water for them to mix it with,” Shapiro said.

“There are very real risks to unaccompanied children,” said Leah Chavla, a policy adviser at the Women’s Refugee Commission. “This is a system that is ripe for exploitation… Mothers that we’ve spoken with have flagged that there are a lot of new faces around the camps and they don’t necessarily feel comfortable leaving their children with strangers.”

Advocates also pointed to serious logistical hurdles for asylum-seekers to receive proper legal counsel as they navigate the labyrinthine immigration system from outside the United States, pointing to those difficulties as potential violations of due process.

“It is unclear how attorneys in the United States would be able to work in and access their clients in Mexico—if at all,” said Jennifer Podkul, senior director for policy and advocacy at KIND. “Moreover, legal services capacity in Mexico would be insufficient to address these needs or to ensure the provision of accurate legal information and preparation of cases in accordance with U.S., rather than Mexican, law.”

Those difficulties are doubled for unaccompanied children, Podkul said, in light of their age and limited ability to testify in their own defense. “Without quality legal representation, unaccompanied children and other asylum seekers will be unable to fully present their cases for protection, and as a result, may be returned to harm, danger, or death.”

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

Imagine what it would be like to have a Government committed to following the law, including the generous humanitarian standards for asylum, rather than coming up with costly, impractical, and often illegal schemes to avoid the law.

Of course, following the law would likely result in many more asylum seekers being rapidly accepted after screening and settling down to lead peaceful, law-abiding, productive lives in the U.S. That would be good for the country, but bad for the racist White Nationalist agenda that this Administration peddles to its so-called “base” (which actually represents a minority of U.S. opinion, but a minority that strategically props up a minority government controlled by a minority party and an incompetent, out of control, would-be autocrat).

PWS

12-23-18