BIA: ANY OL’ NOTICE IS GOOD ENOUGH FOR ENDANGERED ASYLUM SEEKERS ORBITED TO MEXICO & BEYOND – MATTER OF J.J. RODRIGUEZ — How Judges At All Levels Are Abandoning The Rule Of Law & Enabling Abuse Of the Most Vulnerable!

 

http://go.usa.gov/xdDRq

Matter of J.J. RODRIGUEZ, 27 I&N Dec. 762 (BIA 2020)

 

PANEL: MALPHRUS, Acting Chairman; CREPPY and CASSIDY, Board Members.

OPINION BY: Acting Chairman Malphrus

 

BIA HEADNOTE:

Where the Department of Homeland Security returns an alien to Mexico to await an immigration hearing pursuant to the Migrant Protection Protocols and provides the alien with sufficient notice of that hearing, an Immigration Judge should enter an in absentia order of removal if the alien fails to appear for the hearing.

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

Let’s put this in context!

 

This is an unrepresented asylum seeker “orbited” back to dangerous and chaotic conditions in Mexico. We don’t even know if he’s still alive.

 

He’s a native of Honduras. Obviously, he fled Honduras and sought admission to the United States for a reason. His only chance of not being returned to Honduras would be to show up for his hearing. Therefore, he would have no obvious reason for failing to appear at his hearing if he were able to do so.

 

In the past, in cases such as this, the DHS would have either: 1) released the respondent on bond to a known address in the United States that they would have recorded and furnished to EOIR; or 2) detained the respondent.

 

In the former case, the DHS would have been obliged to provide EOIR with a facially valid address to serve notices at the time of filing the Notice to Appear with the court. In the latter case, the DHS would be responsible for producing the respondent for all scheduled hearings.

 

Instead, in this case, the DHS chose under the mis-named “Migrant Protection Protocols” (“MPP”) (which are actually designed to reject rather than protect migrants) to abdicate its normal duties and send the respondent to an unknown location in Mexico without any reasonable safeguards to insure access to the hearing process or to counsel.

The DHS has no practical idea where they sent the respondent in Mexico and no reasonable method for contacting him or retrieving him.

Incredibly, and apparently with a straight face, the BIA lists the address of the respondent as “Domicilio Conocido, Tijuana, Baja California, Mexico.” That’s roughly the equivalent of “Manhattan, New York City, New York, USA.” Good luck with that!

How would a U.S. lawyer get in touch with the respondent? How would the Immigration Court notify the respondent of the ever-changing times and dates of hearings? How would the DHS serve the respondent with notices of evidence?  Obviously, they wouldn’t.

And, if the respondent failed to appear for a non-existent hearing, he undoubtedly would be “in absentia’d” under the BIA’s warped view of what is fair and reasonable. This whole MPP has obviously been constructed by DHS, with EOIR complicity, as an exercise in naked bad faith and intentional and unreasonable inconvenience to the respondents caught up in it.

In formalizing the MPP, the DHS could have worked cooperatively with the Mexican Government and the private bar to guarantee the respondent’s statutory rights to: 1) return to the United States for his removal hearing; and 2) reasonable access to pro bono counsel in the United States. The DHS chose not to do either, thereby leaving these statutory obligations potentially unachievable for this respondent. Through the BIA’s mental gymnastics, the DHS’s intentional indolence becomes the respondent’s problem!

It’s common knowledge that individuals returned to Mexico under the MPP are often forced to live on the streets and are in constant danger of kidnaping, extortion, robbery, rape, assault, starvation, and exploitation while in Mexico awaiting hearings.

There also are credible reports that some individuals returned under the MPP are sent to the interior of Mexico, to the Southern Border of Mexico, or returned to their home countries, thus making it impossible for them to appear for their scheduled hearings. See,e.g., https://www.latimes.com/world-nation/story/2019-10-15/buses-to-nowhere-mexico-transports-migrants-with-u-s-court-dates-to-its-far-south, “Mexico sends asylum seekers south — with no easy way to return for U.S. court dates.”

The DHS makes no effort to ascertain what happens to those sent back to Mexico under the MPP and takes no steps to insure that they are able to return to the U.S. border for their hearings.

The DHS has provided no reason to believe that individuals “relocated” after returning to Mexico either understand what is happening to their hearing rights or have any realistic mechanism for retuning.

Under these circumstances, there is a rebuttable presumption that individuals returned under the MPP who do not appear for immigration hearings have been denied both their statutory right to the hearing process and their statutory right to representation by counsel of their own choosing at no expense to the Government. These statutory rights are integral to insuring due process in the removal hearing process.

The DHS may rebut this presumption by showing either: 1) they made reasonable efforts to locate this respondent in Mexico; or 2) there are reasonable procedures in place with the Mexican Government and with pro bono providers to provide reasonable access to hearings and pro bono counsel that were available to the respondent in this case.

Since the DHS has made no such showing in this case, the Immigration Judge’s decision to terminate the proceedings without an in absentia order is reasonable and proper under the law. Indeed, it is the only lawful outcome.

This is especially true because there doesn’t appear to be any effective way an individual who was inhibited from return to the United States from Mexico for his hearing can seek to reopen an in absentia hearing from Mexico or some other country to which he might have been “orbited” by the Mexican Government.

Indeed, the process followed by the DHS in this case appears to be an intentional derogation of the normal statutory right to a stay of removal from the United States to which an individual challenging an in absentia removal order ordinarily would be legally entitled.

This is, of course, without prejudice to the DHS reinstituting removal proceedings in the future if the respondent is encountered at the border or in the United States.

Sadly, the BIA isn’t the only tribunal to “blow off” their statutory and constitutional responsibilities.

The feckless judges of the Ninth Court of Appeals “took a dive” on their oaths of office by “greenlighting” the illegal (not to mention totally dishonest and immoral) MPP by vacating the District Court’s properly issued preliminary injunction in Innovation Law Lab v. McAleenan.

As a result of the Ninth Circuit’s dereliction of duty, thousands of vulnerable asylum seekers have been irreparably injured.

Eventually, the MPP will go down as not only fraudulent and invidiously racially motivated, but as one of the most horrible, and preventable, failures of justice in modern American jurisprudence. It will rank right up there with Dred Scott., the Fugitive Slave Laws, “separate but equal,” Chinese Exclusion Laws, and Japanese internment of supposedly bygone ages. Dehumanization, exploitation, and abuse of Government authority is a common theme. It will indelibly stain the reputations of every bureaucrat and judge who touched it without “just saying no.”

While it might already be too late for many of the innocent victims of MPP, no amount of legal gobbledygook or “alternative facts” will save those responsible for initiating, carrying out, and enabling the MPP and similar violations of legal, constitutional, and human rights, and  well as human morality, from the judgments of history!

Due Process Forever; Complicit Courts Never!

PWS

01-31-20

 

 

 

ROUND TABLE OF FORMER IMMIGRATION JUDGES ISSUES STATEMENT CONDEMNING “MIGRANT PROTECTION PROTOCOLS” (A/KA “REMAIN IN MEXICO;” A/K/A “LET ‘EM DIE IN MEXICO”)!

pastedGraphic.png                                       January 28, 2020

The Round Table of Former Immigration Judges is comprised of former immigration judges who are dedicated to due process in the immigration system.  As former immigration judges, we understand the inherent limitations on due process in an immigration court system that is housed in the Department of Justice, a prosecutorial agency within the Executive Branch of the government.  This administration has systematically attacked due process in the immigration court system through new rules, memoranda, and policies.  However, the largest assault to due process is the Migrant Protection Protocols (MPP) program.  MPP prevents access to the court, to counsel, and to resources refugees need to effectively present their cases. The limitations on due process in MPP are not incidental to the program, they are intentional.

In addition to the elimination of due process in MPP, the government is putting vulnerable refugees in grave danger.  Refugees are forced to wait in dangerous border towns in Mexico without any protection or resources.  As with the elimination of due process, the state created danger generated by MPP is intentional.  It is part of the government’s attempt to eliminate access to asylum.

The Round Table of Former Immigration Judges calls for the elimination of MPP immediately, demands that the administration take efforts to locate the thousands of individuals who were prevented from appearing at their hearings, and that all in absentia removal orders in MPP cases be rescinded sua sponte.

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

Hon. Ilyce Shugall
Hon. Ilyce Shugall
U.S. Immigraton Judge (Retired)
Director, Immigrant Legal Defense Program, Justice & Diversity Center of the Bar Assn. of San Francisco.

Thanks to our Round Table colleague Hon. Ilyce Shugall for taking the lead on this effort.

Due Process Forever!

PWS

01-28-20

WILLIAM SALETAN @ SLATE: “Trump Is a Remorseless Advocate of Crimes Against Humanity” – “But Trump’s election and his persistent approval from more than 40 percent of Americans are a reminder that nothing in our national character protects us from becoming a rapacious, authoritarian country. What protects us are institutions that stop us from doing our worst.” 

William Saletan
William Saletan
Writer & Political Journalist
Slate

https://slate.com/news-and-politics/2020/01/trump-remorseless-advocate-crimes-against-humanity.html

 

Saletan writes:

It’s hard to keep up with President Donald Trump’s scandals. One day he’s covering up taxpayer-funded travel expenses for his family. The next, he’s stealing money for his border wall. The next, he’s being implicated by an accomplice in the extortion of Ukraine. But one horror is right out in the open: Trump is a remorseless advocate of crimes against humanity. His latest threats against Iran, Iraq, and Syria are a reminder that he’s as ruthless as any foreign dictator. He’s just more constrained.

Trump admires tyrants and defends their atrocities. He has excused North Korean dictator Kim Jong-un’s mass executions (“Yeah, but so have a lot of other people”) and Russian President Vladimir Putin’s murders of journalists and dissidents (“At least he’s a leader”). As a presidential candidate, Trump shrugged off the gravity of using chemical weapons. “Saddam Hussein throws a little gas, everyone goes crazy,” he joked.

At home, Trump has encouraged religious persecution and political violence. He called for a ban on Muslims entering the United States (he later imposed a modified version of the ban) and for collective punishment of Muslims who live here. As a candidate, Trump urged his supporters to “knock the crap out of” protesters. In 2018, at a political rally, he praised a Republican congressman for criminally assaulting a reporter. “Any guy that can do a body slam,” said Trump, “he’s my guy.”

Trump has long advocated war crimes. He has endorsed torture not just for information, but because our enemies “deserve it.” As a candidate, he proposed that for the sake of “retribution,” the United States should “take out” the families of terrorists. Wives and children were legitimate targets, he argued, because by killing them, we could deter terrorists who “care more about their families than they care about themselves.” Two months ago, he intervened in legal and military proceedings to thwart punishment of three American servicemen who had been indicted for or convicted of atrocities. Then he deployed the men in his reelection campaign.

Trump agrees with past presidents that we and our terrorist adversaries have played by “two [different] sets of rules.” But unlike his predecessors, he takes no pride in America’s higher standards. He sees them as a needless impediment, defended by “weak” and “stupid” people. In 2016, Trump complained that ISIS was “cutting off the heads of Christians and drowning them in cages, and yet we are too politically correct to respond in kind.” Torture laws should be relaxed, he argued, “so that we can better compete with a vicious group of animals.” “You have to play the game the way they’re playing the game,” he explained.

Trump takes no pride in America’s higher standards. He sees them as a needless impediment, defended by “weak” and “stupid” people.

Some presidents have caused pain through recklessness or indifference. Trump inflicts pain on purpose. To deter migration from Latin America, his administration separated migrant parents from their children. Trump argued that the separation was a “disincentive.” Too many people, he explained, were “coming up because they’re not going to be separated from their children.” Later, he used the same sadistic logic to force a migration in Syria. He boasted that by facilitating Turkey’s invasion of that country, he had precipitated the “pain and suffering” necessary to compel Syrian Kurds “to leave.”

In Africa and the Middle East, Trump proudly advocates plunder. In October, he said the United States should have taken Iraq’s oil to make sure we were “paid back” for the costs of our occupation of that country. In Syria, he stationed U.S. forces at oil fields, explaining that he viewed those fields as a revenue stream. (“$45 million a month? Keep the oil.”) He proposed a business arrangement to exploit Syria’s oil: “What I intend to do, perhaps, is make a deal with an ExxonMobil or one of our great companies to go in there and do it properly.” Last Friday, in a Fox News interview, the president repeated that he cared only about the oil. “I left troops to take the oil,” he told Laura Ingraham. “The only troops I have are taking the oil.”

Two weeks ago, the United States killed Iranian Gen. Qassem Soleimani in a drone strike.
To deter retaliation, Trump threatened to bomb Iran’s cultural sites—an explicit war crime. “If Iran strikes any Americans, or American assets,” he tweeted, “we have targeted 52 Iranian sites … some at a very high level & important to Iran & the Iranian culture, and those targets, and Iran itself, WILL BE HIT VERY FAST AND VERY HARD.” In an exchange with reporters, Trump dismissed legal objections to his threat. “They’re allowed to kill our people. They’re allowed to torture and maim our people,” he fumed. “And we’re not allowed to touch their cultural site? It doesn’t work that way.”

Iraq’s Parliament, furious that Trump had killed Soleimani on its soil and without its consent, voted to expel American troops. But Trump refused to comply unless Iraq paid ransom. “We have a very extraordinarily expensive air base that’s there,” he told reporters. “We’re not leaving unless they pay us back for it.” He threatened to “charge them [the Iraqis] sanctions like they’ve never seen before.” Later, Trump told Ingraham that Iraq would also “have to pay us for embassies.” When she asked him how he planned to extract the payment, Trump replied, “We have $35 billion of their money right now sitting in an account. And I think they’ll agree to pay. … Otherwise, we’ll stay there.”

Trump views the military as a mercenary force he can send around the world for hire. A Very Stable Genius, the new book by Philip Rucker and Carol Leonnig of the Washington Post, describes a White House meeting at which Trump said American troop deployments should yield a profit. Trump told Ingraham he’s doing exactly that: “We’re sending more [troops] to Saudi Arabia, and Saudi Arabia’s paying us for it.” He recounted his business pitch to the Saudis: “You want more troops? I’m going to send them to you, but you’ve got to pay us.” And he proudly reported that the Saudis had accepted the deal. “They’re paying us,” he told Ingraham. “They’ve already deposited $1 billion in the bank.”

Trump’s amorality—his complete indifference to rules against theft, abuse, exploitation, and killing—is a public relations problem for his apologists. They struggle to cover it up. First they softened his Muslim ban to a “travel ban” on certain majority-Muslim countries. Then they concocted non-sadistic rationales for his family-separation policy. Last week, after Trump threatened Iran’s cultural sites, Secretary of State Mike Pompeo assured the public that Trump would obey the law. Pompeo also whitewashed Trump’s threats against Iraq, insisting that American troops were in that country to protect its “sovereignty.” Mark Esper, the secretary of defense, claimed that when Trump spoke of Saudi Arabia paying for U.S. troop deployments, “What the president is referring to is burden sharing.”

But Trump refuses to be silenced. Hours after Pompeo promised that the president wouldn’t target Iran’s cultural sites, Trump repeated that he would. Later, Trump stiff-armed Ingraham’s attempts to clean up his language about stealing Syrian oil. “I left troops to take the oil,” he told her. She tried to correct him: “We’re not taking the oil. They’re protecting the facilities.” Trump shrugged off this reformulation. “Well, maybe we will, maybe we won’t,” he said. “Maybe we should take it. But we have the oil.”

Having an evil president doesn’t make the United States evil. We have a lot to be proud of: a culture of freedom, a strong constitution, vigorous courts, democratic accountability, and laws that protect minorities and human rights. On balance, we’ve been a force for good in the world. But Trump’s election and his persistent approval from more than 40 percent of Americans are a reminder that nothing in our national character protects us from becoming a rapacious, authoritarian country. What protects us are institutions that stop us from doing our worst.

Thanks to Magda Werkmeister and Daijing Xu for research assistance.

 

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

I’d argue that far from being a strong bulwark against Trump’s authoritarian tyranny, our democratic institutions – Congress, Article III Courts, the bureaucracy, and even much of the media — are in a state of constant meltdown under his regime’s relentless attacks. We can see that graphically played out every day in the GOP’s largely fact free and totally dishonest defense of Trump’s running roughshod over both the Congress and our Constitution.

I can’t detect a sliver of desire on the part of the GOP and its enablers to hold Trump accountable for any misdeed — even soliciting foreign interference in our electoral process and then lying to cover it up. The facts really aren’t in dispute here. Whether the U.S. could survive another four years of Trump and remain a democratic republic is still, unfortunately, an open question.

We can hope for the best. But, without “regime change” in November 2020, the worst might still be ahead.

In the meantime, the Article III Courts should do their constitutional duty and stop “coddling” the regime’s various schemes and gimmicks to commit, encourage, and enable “crimes against humanity.” We certainly aren’t going to get any accountability or restraint on Trump’s misconduct and open contempt for American institutions from a Congress where the Senate is led by “Moscow Mitch” and his enablers.

 

PWS

01-22-20

 

POLITICS: DANIEL DENVIR @ LITERARY HUB: The Case Against Immigration Centrism – Liberals Inevitably Get Co-Opted Into “Nativism Lite” & The Result Is Donald Trump & His Overtly White Nationalist GOP!

Daniel Denvir
Daniel Denvir
American Journalist

https://apple.news/ASCSwefgISM2mLjzRVdJeWQ

 

When It Comes to Immigration, Political Centrism is Useless

With Trump in office, things can seem absurdly bleak. But after Republicans lost the House, it became clear that Trump’s first two years were for nativists a critical opportunity to reshape the contours of the American demos. And they blew it: Republicans had total control of government yet legislative cuts to legal immigration went nowhere. Meanwhile, Democratic voters are moving sharply left in the face of accelerating Republican extremism. The percentage of Americans calling for a decrease in legal immigration has plummeted since the early 2000s—particularly but not exclusively among Democrats. Indeed, since 2006 Democratic voters have swung from a strong plurality supporting legal immigration cuts to a stronger plurality backing increased legal immigration.

In promoting attacks on “illegal immigration” and militarizing the border, establishment politicians from both major parties inflamed popular anti-immigrant sentiment. But they helped move the Overton window so far right that it snapped loose of its bipartisan frame, prompting vociferous resistance on the left. The war on “illegal immigrants” was based on a bipartisan consensus. It is becoming very partisan. That’s good.

As nativists well know, immigration means that we the people is increasingly made up of people who don’t look like Trump and his base. And they correctly worry that immigration is driving a large-scale demographic transformation that could ultimately doom the conservative movement—a prospect that the most honestly racist figures on the far-right call “white genocide.” Non-white people disproportionately vote Democrat—a trend gravely exacerbated by unconstrained Republican racism that has alienated even wealthy and economically conservative non-white people. Demographics aren’t destiny. But thanks to the foundational role that racism plays in American capitalism, they do mean quite a bit.

In August 2019, Trump finally implemented an aggressive attack on legal immigration, expanding the definition of what makes an immigrant “likely to become a public charge” and thus excludable from the country.28 The rule further empowers immigration officers to deny entry to poor and working-class immigrants, particularly from Latin America, or to deny immigrants already in the country a green card. The rule radically expands a provision of US immigration law dating back to the Immigration Act of 1882 and, before that, to New York and Massachusetts’s enforcement targeting Irish paupers. The Migration Policy Institute predicts that the rule “could cause a significant share of the nearly 23 million noncitizens and U.S. citizens in immigrant families using public benefits to disenroll.” And visa denials under Trump had already skyrocketed before the new rule was in place.

It is unclear how profoundly the rule will reshape either the size or the class, national, and racial makeup of legal immigration. But regardless, the new rule is a reflection of Trump’s inability to secure cuts or changes to legal immigration in Congress. The rule will very likely be rolled back under even a milquetoast Democratic president. The same holds true with Trump’s deep cuts to refugee admissions, and the draconian proposal pushed by some in his orbit to cut admissions to zero. Trump is effectively terrorizing migrants in the present but failing to secure the enduring legislative change that would outlast his presidency.

There is no majority constituency today for enacting such legislation—nor any viable institutional vehicle for it. Whatever opportunity existed to leverage a white-grievance-fueled presidency toward a full nativist program has faded even as the right clings to power thanks to the system’s profoundly anti-democratic features. The left is nowhere near winning. But it is at long last emerging as a real force in clear conflict with both the Trumpist right and the center that facilitated its rise.

For Bill Clinton, Hillary Clinton, Obama, Biden, Feinstein, Schumer, and a host of other Democrats, a measure of nativism was useful. Quite a bit more than that has proven necessary for Republicans. But too much nativism is a problem: no rational capitalist favors shutting out exploitable migrant labor. As Karl Marx wrote in The Eighteenth Brumaire, political stances that seem rooted in principle are in reality founded—if often in indirect, unconscious, and obscure ways—in “material conditions of existence.” This is no doubt the case here.

The United States has undergone decades of enforcement escalation, fashioning a useful scapegoat for neoliberalism and empire while maintaining a segmented labor market. But business frequently lost too, most spectacularly with the repeated defeat of comprehensive immigration reform. Business wants the undocumented to be legalized and guest workers who provide the benefits of undocumented labor without the risk. But what perhaps best reflects—but by no means exclusively reflects—the power of business is what hasn’t happened: deep legislative cuts to authorized immigration have been consistently off the table for more than two decades. This has been the case since the 1996 legislation to slash legal immigration was defeated in favor of a law to persecute undocumented immigrants and “criminal aliens.” The immigration debate has taken on a bizarre and contradictory life of its own. The unspeakability of cuts to authorized immigration, and the failure to impose effective employer sanctions and employment verification systems reveal that immigration policy was still tethered, narrowly but firmly, to the interests of capital. With Trump, full nativism is spoken. But substantial immigration reductions still cannot pass Congress.

A full examination of the complex role of business, the rich, and their various factions during the past two decades of immigration politics is yet to be written. Some of its basic contours, however, are clear. For one, the capitalist class has become recklessly polyphonic. Lumpen-billionaires like the Mercer family and the Koch brothers have spent vast amounts to promote their ideologically distinct priorities rather than those of the collective. The Tanton network is a case in point: it received more than $150 million since 2005 from the Colcom Foundation, founded by the late Mellon heir Cordelia Scaife May. Ironically, independent right-wing oligarchs who pursue idiosyncratic agendas now rival the Chamber of Commerce for influence thanks to the policy achievements of groups like the Chamber of Commerce, which helped those oligarchs make and keep their billions. But does establishment big business even care about immigration anymore?

Political scientist Margaret Peters argues that productivity gains and globalization’s facilitation of an overseas supply of low-wage labor has led to a lessening of business’s need for immigrant workers, resulting in more restriction. The evidence for this, however, is mixed. On the one hand, business has not won a major legislative expansion of immigration since 1990. But it has also not suffered a major defeat. What’s clear is that business can tolerate border security theatrics and the demonization of “criminal aliens,” and is content to exploit undocumented workers. As anthropologist Nicholas De Genova writes, “It is deportability, and not deportation per se, that has historically rendered undocumented migrant labor a distinctly disposable commodity.”34 Business opposes dramatic cuts to authorized immigration, effective employer sanctions, and mandatory employee verification. Business prefers legalization, but that doesn’t rival priorities like tax cuts and deregulation; if it did, business would abandon the Republican Party. The roles played in immigration politics by business interests with various and often bipartisan attachments require further research, which will in turn help to clarify the woefully under-studied sociology of ruling class power more generally.

Meanwhile, business’s hold on the Democratic Party has come under intense assault. The war on “illegal immigrants” that accelerated in the 1990s is facilitating a realignment of left-of-center politics in favor of a diverse, immigrant-inclusive working class in opposition to war, neoliberal oligarchy, and hard borders. The post–Cold War dominance of carceral neoliberalism had made such a popular coalition impossible; the exhaustion of that model signaled by the 2008 crisis has made it astonishingly credible. Record deportations and a radicalizing racist right triggered a revolt among the Democratic Party’s young and increasingly diverse base. That base has along with much of American public opinion moved to perhaps the most staunchly pro-immigrant position in American history—and, in doing so, toward a radically inclusive vision of the American working class. Amid a post-Recession boom in labor militancy, that portends trouble for the entire political establishment and the racist and oligarchic order it protects.

Trump’s election set that trajectory into overdrive, rendering opinions on immigration a basic proxy for one’s partisan allegiance. Border militarization that once garnered bipartisan support is now the polarizing Wall. Obama’s brutal migrant detention centers have under Trump been labeled “concentration camps.” The number of Republicans who believe that the United States risks losing its national identity if the country welcomes immigrants from the world over has increased since Trump’s election.35 At the same time, Democrats have become more hostile to enforcement. In 2010, 47 percent of Democrats said that they equally prioritized a pathway to legalizing undocumented immigrants and “better border security and stronger enforcement of immigration laws,” while just 29 percent prioritized a pathway to legalization alone. By 2018, the number prioritizing legalization alone skyrocketed to 51 percent. As the war on immigrants kicked into high gear in 1994, just 32 percent of Democrats and 30 percent of Republicans agreed that immigrants strengthened the country. By 2016, the share of Democrats who said so had surged to 78 percent.

Extreme polarization, the establishment’s bête noire, is in fact the only solution to the long-standing bipartisan agreement that immigration is a problem for enforcement to solve. Demanded and rejected, oppressed and expelled, this country’s many others have long insisted that the promise of American freedom, designed for if never truly delivered to white settlers, belongs to them too because they too are the people. And contrary to what Trump’s presidency might suggest, a growing number of Americans agree and are turning against nativism and war. Racism is, as the remarkable number of Americans embracing socialism understand, an obstacle to freeing everyone.

The issue of borders is, in turn, a simple one in principle for socialists: borders are a nationalist enterprise and thus incompatible with an internationalist workers’ creed. Migration is a symptom of social violence when it is compelled by poverty, war, or climate change. But moving to faraway and strange places is often a beautiful journey too, one nurtured by love, adventure, and the drive for self-determination and realization. Migration should be free and the choice to migrate should be freely made. The border does not protect Americans against cultural change, economic insecurity, and terrorism. It bolsters a system of global inequality that harms people everywhere by dividing them.

Even with public opinion moving rapidly to our side, border controls will not fall anytime soon. To chip away at them, we must understand their historical particularity. The legal right to travel was, for most white people, a basic one for much of American history. It remains so for wealthy people, particularly those with passports from rich countries. Border controls arose in the United States not out of any neutral law enforcement principle but to exclude Asians, Jews, Italians, Latinos, blacks, Muslims, and other Others in the service of an exploitative and expansionist empire. Our land borders began to harden only alongside the rise of industrial capitalism, and were only militarized in recent decades.

If Democrats stick to the center on immigration, they will find themselves fighting on two fronts. A fight against Republicans, with the left at their back, will be far easier to win—and a more noble victory. Simple realism dictates that no legislation to grant citizenship to millions will be passed until Republicans are defeated. There’s no use trying to appease them. The bipartisan consensus supporting harsh immigration and border enforcement has fractured. Democratic elected officials need to catch up or be defeated too. It’s the task of the left to accelerate the nascent split, demanding radical reforms that correspond to our dream of a world where no human being is illegal. We must transform nation-states so that they no longer divide workers but instead are conduits for the democratic control of our social, economic, political, and ecological futures.

We must urgently develop demands for policies that will not create an open border overnight but a radically more open border soon. The border must be demilitarized, which would include demolishing the hundreds of miles of already existing wall and dramatically downsizing the Border Patrol. Criminal sanctions on illegal entry and reentry and the public charge rule must be repealed. Links between ICE and local law enforcement created by Secure Communities and 287(g) must be broken. Opportunities for legal immigration, particularly from Mexico and Central America, must be expanded. The right to asylum must be honored. And citizenship for those who reside here must be a stand-alone cause, unencumbered by compromises that are not only distasteful but also politically ineffectual—and that today would provoke opposition from both the nativist right and the grassroots left.

 

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

The nativists start with lies, myths, and distortions. The liberals start with truth and humane values. They used to meet in the “center right” which is “nativism lite” and bad news for migrants and for humane values.

 

With some logic, Denvir argues that the nativist right has now come “out of their shell” and just advocates against all foreigners and for maximum human cruelty.  In other words, complete dehumanization and abandonment of the common good: A trashing of the “Statute of Liberty” (see, e.g., Stephen Miller & “Cooch Cooch”) and an obliteration of the real, diverse America, a nation of immigrants, in favor of a mythical “Whitbread” version that never really existed (as American has always been heavily reliant on the labor of non-white immigrants — but they often were intentionally kept without social standing or political power).

 

In many ways, the right’s abandonment of the “pro-immigration, anti-illegal immigration” false narrative frees liberals to explore more robust, realistic immigration policies that would serve the national interest, recognize the truth of American as a rich and diverse nation of immigrants, and, perhaps most helpfully, sharply reduce the amount of time, effort, and goodwill squandered on ultimately unrealistic and impractical immigration enforcement schemes and gimmicks (see e.g., “The Wall” & “The New American Gulag”). In that context, immigration enforcement could be rationalized and made more efficient to serve the actual national interests rather than the political (and sometimes financial) interests of the far-right nativist minority.

 

Interesting thoughts to ponder.

 

PWS

 

01-17-20

🤡WELCOME TO CLOWN COURT: Where The Lives Of Millions Of Humans & The Future Of America Are Treated Like A Cruel Joke, As Complicit Article III Courts Watch This Grotesque Unconstitutional Spectacle & Parody Of Justice Unfold On Their Watch!

Kate Brumback
Kate Brumback
Reporter
Associated Press
DEEPTI HAJELA
Deepti Hajela
Reporter
Associated Press, NY
Amy Taxin
Amy Taxin
Reporter
Associated Press

https://apple.news/A9aA4TWFpQoSBoXVeAOv_Rg

By KATE BRUMBACK, DEEPTI HAJELA and AMY TAXIN, THE ASSOCIATED PRESS

In a locked, guarded courtroom in a compound surrounded by razor wire, Immigration Judge Jerome Rothschild waits — and stalls.

A Spanish interpreter is running late because of a flat tire. Rothschild tells the five immigrants before him that he’ll take a break before the proceedings even start. His hope: to delay just long enough so these immigrants won’t have to sit by, uncomprehendingly, as their futures are decided.

“We are, untypically, without an interpreter,” Rothschild tells a lawyer who enters the courtroom at the Stewart Detention Center after driving down from Atlanta, about 140 miles away.

In its disorder, this is, in fact, a typical day in the chaotic, crowded and confusing U.S. immigration court system of which Rothschild’s courtroom is just one small outpost.

Shrouded in secrecy, the immigration courts run by the U.S. Department of Justice have been dysfunctional for years and have only gotten worse. A surge in the arrival of asylum seekers and the Trump administration’s crackdown on the Southwest border and illegal immigration have pushed more people into deportation proceedings, swelling the court’s docket to 1 million cases.

“It is just a cumbersome, huge system, and yet administration upon administration comes in here and tries to use the system for their own purposes,” says Immigration Judge Amiena Khan in New York City, speaking in her role as vice president of the National Association of Immigration Judges.

“And in every instance, the system doesn’t change on a dime, because you can’t turn the Titanic around.”

The Associated Press visited immigration courts in 11 different cities more than two dozen times during a 10-day period in late fall. In courts from Boston to San Diego, reporters observed scores of hearings that illustrated how crushing caseloads and shifting policies have landed the courts in unprecedented turmoil:

–Chasing efficiency, immigration judges double- and triple-book hearings that can’t possibly be completed, leading to numerous cancellations. Immigrants get new court dates, but not for years.

–Young children are everywhere and sit on the floor or stand or cry in cramped courtrooms. Many immigrants don’t know how to fill out forms, get records translated or present a case.

— Frequent changes in the law and rules for how judges manage their dockets make it impossible to know what the future holds when immigrants finally have their day in court. Paper files are often misplaced, and interpreters are often missing.

In Georgia, the interpreter assigned to Rothschild’s courtroom ends up making it to work, but the hearing sputters moments later when a lawyer for a Mexican man isn’t available when Rothschild calls her to appear by phone. Rothschild is placed on hold, and a bouncy beat overlaid with synthesizers fills the room.

He moves on to other cases — a Peruvian asylum seeker, a Cuban man seeking bond — and punts the missing lawyer’s case to the afternoon session.

This time, she’s there when he calls, and apologizes for not being available earlier, explaining through a hacking cough she’s been sick.

But by now the interpreter has moved on to another courtroom, putting Rothschild in what he describes as the “uneasy position” of holding court for someone who can’t understand what’s going on.

“I hate for a guy to leave a hearing having no idea what happened,” he says, and asks the lawyer to relay the results of the proceedings to her client in Spanish.

After some discussion, the lawyer agrees to withdraw the man’s bond petition and refile once she can show he’s been here longer than the government believes, which could help his chances.

For now, the man returns to detention.

. . . .

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

Read the full article at the link.  Yes, there’s lots of blame to go around: Administrations of both parties, an irresponsible Congress, several decades of underfunding and poor management.

But that doesn’t change these simple truths:

  • We have a scofflaw regime that glories in committing “crimes against humanity” directed at migrants;
  • We have a feckless Congress that won’t legislate responsibly as long as “Moscow Mitch” McConnell and his Trump-toady GOP control the Senate;
  • The only branch of Government that could put a stop to this unconstitutional and unconscionable mess is the Article III Federal Judiciary;
  • And, this highly privileged group of jurists, the only public officials I’m aware of with the “protective insulation” of life tenure, has stood by and watched their fellow humans being “thrown to the lions” in this disgraceful display of unconstitutional injustice.

Do your duty Article IIIs and put an end to the EOIR Clown Show! History is recording your failures to act, every day!

Due Process Forever; Clown Courts 🤡 and Their Complicit Enablers, Never!

PWS

01-17-20

THE NDPA STRIKES BACK:  ACLU Sues In DC To End The Regime’s Bogus “Safe Third Country” Abuse Of Human Rights & The Rule Of Law! — Regime’s Actions Could Be Characterized As “Crimes Against Humanity!”

Camilo Montoya-Galvez
Camilo Montoya-Galvez
CBS Journalist

https://apple.news/ALbDFozeyQemj7zT-zO0VUA

 

Camilo Montoya-Galvez reports for CBS News:

 

 ACLU files lawsuit to halt Trump policy of sending asylum-seekers to Guatemala

Washington — The American Civil Liberties Union on Wednesday mounted the first legal challenge against the Trump administration’s policy of sending migrants who seek protection at the U.S.-Mexico border to Guatemala, a country with a skeletal asylum regime that has seen an exodus of hundreds of thousands of its own citizens in the past two years because of extreme poverty and endemic violence.

The lawsuit filed in the U.S. District Court in Washington, D.C., seeks to halt the implementation of a controversial asylum agreement with the Guatemalan government. Under the deal forged last summer, the U.S. has sent more than 150 asylum-seekers from Honduras and El Salvador to Guatemala, denying them access to America’s asylum system and requiring them to choose between seeking refuge in the Central American country or returning home.

The agreement, the ACLU said in its 54-page complaint, amounts to “a deadly game of musical chairs that leaves many desperate asylum-seekers without a safe haven, in violation of U.S. and international law.”

“If this rule remains in effect, it means that the U.S. can completely wash their hands of any responsibility to provide safe haven for people fleeing persecution,” Lee Gelernt, the ACLU’s top immigration litigator, told CBS News. “It would end asylum at the southern border, plain and simple.”

A spokesperson for the Department of Homeland Security told CBS News that while it cannot comment on litigation, “the U.S. Government and the Government of Guatemala remain committed to the asylum cooperative agreement and stand behind the integrity of the program.”

For lead plaintiff, returning home isn’t an option

As of last week, 158 Honduran and Salvadoran migrants have been rerouted by the U.S. to Guatemala, including dozens of families and at least 43 children, according to the Guatemalan migration institute. Nine people initially chose to request protection in Guatemala, but five of them have since abandoned their claims, the institute said. The rest have asked for help returning to their home countries.

The lead plaintiff in the ACLU’s lawsuit is a gay man from El Salvador who was sent by the U.S. to Guatemala after asking for asylum at the southern border. The man, identified only by the initials U.T., says he was sexually abused as a child, disowned by his family because of his sexuality and threatened by a gang member who solicited him for sex in El Salvador.

When he arrived at the U.S.-Mexico border, he was told he would be sent to Guatemala. He told Customs and Border Protection (CBP) officials, who make the initial determination about whether migrants should be subject to the U.S.-Guatemala deal, that he feared being sent to Guatemala. His concerns fell on deaf ears.

He was then referred for an interview with an asylum officer and again expressed fear of persecution in Guatemala. Nonetheless, he was deported to the country shortly afterward.

During these types of interviews, migrants must affirmatively say they fear being sent to Guatemala. Even if they do, they have to meet a fear of persecution threshold that is much higher than that of the typical “credible fear” interviews most asylum-seekers at the southern border are subject to.

The ACLU says the man applied for asylum once in Guatemala, but officials there advised him to seek protection in Mexico instead, since Guatemala is “unsafe for gay people.” The State Department warns of “societal discrimination” and police abuse against LGBTI people in Guatemala.

Returning to El Salvador is not an option for the asylum-seeker, who is currently in Mexico, since he “fears that he will be attacked or killed for his sexual orientation if he tries to live openly as a gay man,” according to the ACLU.

“A way for the U.S. to simply pass the buck”

There are five other individual plaintiffs in the ACLU’s lawsuit, including a woman and two families who were sent to Guatemala by the U.S. The Tahirih Justice Center and Las Americas Immigrant Advocacy Center, two organizations that provide legal services to asylum-seekers, are also named as plaintiffs in the lawsuit — which the National Immigrant Justice Center, Center for Gender & Refugee Studies and Human Rights First joined the ACLU in filing.

The group is asking the court to prohibit officials from enforcing a regulation the administration unveiled in November to implement the Guatemala deal and similar agreements that the U.S. brokered with Honduras and El Salvador which have not yet been implemented. The suit also challenges a U.S. Citizenship and Immigration Services (USCIS) guidance document for asylum officers carrying out the agreement.

The ACLU alleged that both measures violate U.S. statutes designed to prevent officials from sending asylum-seekers to places where they may face persecution and that provide legal safeguards for migrants the government seeks to deport quickly. The group also said the policy violates administrative law, since the administration did not give the public a chance to comment on it and failed to provide “reasoned explanations” for dramatically changing the asylum system at the southern border.

The administration maintains that its agreements with Guatemala and the other countries in Central America’s Northern Triangle will foster the “distribution” of asylum claims among nations in the region and provide protection to migrants “closer to home.” But the ACLU says the so-called “Asylum Cooperative Agreements” represent a dramatic departure from the “safe third country” provision in U.S. law that the administration is using to defend their legality.

In 1996, President Bill Clinton signed into law an act that codified the “safe third country” concept, allowing the U.S. to enter into bilateral or multilateral agreements to send asylum-seekers to third countries, as long as the U.S. government made sure those asylum-seekers would not face persecution based on a protected ground under U.S. asylum law and would have access to a “full and fair” process to request protection in those nations.

Gelernt and his group believe the accords with Guatemala, El Salvador and Honduras violate this law because the countries do not have fully functioning asylum regimes, unlike Canada — the only nation which has an official “safe third country” agreement with the U.S.

“There is no way the administration can plausibly claim that Guatemala can provide a safe, fair and full asylum process. This administration has simply thumbed their nose at Congress,” Gelernt said, noting that Canada, a developed country with a robust asylum system, is a safe place for refugees.

“This is not a way to provide people with a fair asylum process but a way for the U.S. to simply pass the buck,” he added.

Guatemala has experienced moderate economic growth since the end of a bloody civil war in the 1990s, but it continues to grapple with high homicides rates, drug trafficking, political instability and widespread poverty, especially among its large indigenous communities in the Western highlands of the country. Only about 262 migrants sought refuge in Guatemala in 2018, according to the United Nations.

The ACLU also noted in its lawsuit that the Trump administration hasn’t publicly revealed any designations certifying that the Northern Triangle countries have the capacity to take in migrants rerouted there by the U.S., despite a requirement that such a certification be included in the government regulation to enforce the asylum agreements.

Sweeping implications for asylum-seekers

All three agreements the U.S. made last year suggest that they could grant the U.S. the power to reroute most asylum-seekers from any country in the world, barring a few exceptions, like unaccompanied children, to Central America. The ACLU underscored the sweeping nature of the deals in its suit, saying that in practice, the U.S. could send asylum-seekers from Afghanistan to one of the Northern Triangle countries, even if they did not travel through there to get to the U.S. southern border.

The administration believes it can include “all populations” in the agreements, and it recently announced it was planning to send Mexican asylum-seekers to Guatemala. The move sparked scathing criticism at home and abroad, with Mexico’s government objecting to the proposal.

Unlike migrants from Honduras and El Salvador, Mexican asylum-seekers do not travel through Guatemalan territory to reach the U.S.-Mexico border. A plan to subject Mexicans to the U.S.-Guatemala accord could, in practice, lead to the U.S. flying a Mexican asylum-seeker from Tijuana, San Diego’s neighboring city, some 1,500 miles away, asking her to seek protection in Guatemala.

How Guatemala continues to implement its “Asylum Cooperative Agreement” with the Trump administration will now be decided by conservative government of President Alejandro Giammattei, who took office on Tuesday.

The asylum agreements with countries in Central America are part of a series of policies the administration rolled out over the past year to restrict asylum at the U.S.-Mexico border. These also include a sweeping rule that renders most non-Mexican migrants ineligible for asylum and the Migrant Protection Protocols program, which has required more than 57,000 asylum-seekers from Central America to wait in dangerous Mexican border cities for the duration of their U.S. immigration proceedings.

First published on January 15, 2020 / 4:19 PM

© 2020 CBS Interactive Inc. All Rights Reserved.

 

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

The bogus “Safe Third Country Agreements” with Guatemala, El Salvador, and Honduras, clearly unsafe countries without functioning asylum systems, in violation of U.S. and international laws, are daunting acts of malicious fraud. This fraud is undertaken, in the open, by a neo-fascist regime that has contempt for humanity and human rights, believes itself above the law, and has no fear of being held accountable by the Federal Courts or Congress (notwithstanding Trump’s impeachment).

 

The regime’s unlawful fraudulent actions are defended in court by DOJ lawyers who believe the obligation of truthfulness before tribunals and other ethical requirements simply don’t apply to them. And, that’s probably with good reason.

 

The Trump regime has been peddling lies, false narratives, and bad faith legal arguments to the Federal Courts, all the way up to the Supremes, for nearly three years now with no consequences to the lawyers or their political clients. Indeed, Wilbur Ross lied under oath in the “Census Case,” but continues to be the Secretary of Commerce; to my knowledge, the Government lawyers who tried to present, defend, and rationalize. Ross’s census fraud are still on the payroll. A few Supremes even voted to sweep it all under the rug. It took an unusual display of backbone by Chief Justice Roberts to prevent the fraud from being perpetrated on American voters, particularly targeting voters of color.

 

Private lawyers who conducted themselves in a similar manner would likely be facing state disciplinary proceedings. A private executive who lied under oath like Ross probably would have been referred for a perjury prosecution or held in contempt of court.

 

But, Federal Judges, who are used to giving U.S. government lawyers pretty much a “free pass,” don’t seem to “get” that they are now dealing with a willfully corrupt, thoroughly dishonest, neo-fascist regime, not “just another Administration.”

 

When the laws, rules, and our Constitution don‘t apply to our Government, and nobody is held accountable for outrageous official wrongdoing (arguably “crimes against humanity” in the “Safe Third Country Fraud”) we all lose!

 

Due Process Forever! Complicity In The Face Of Tyranny, Never!

 

PWS

 

01-16-20

WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!

yhttps://www.washingtonpost.com/world/the_americas/the-us-is-putting-asylum-seekers-on-planes-to-guatemala–often-without-telling-them-where-theyre-going/2020/01/13/0f89a93a-3576-11ea-a1ff-c48c1d59a4a1_story.html

Kevin Sieff
Kevin Sieff
Latin American Correspondent, Washington Post

Kevin Sieff reports from Guatemala for WashPost:

By

Kevin Sieff

Jan. 14, 2020 at 4:21 p.m. EST

GUATEMALA CITY — The chartered U.S. government flights land here every day or two, depositing Honduran and Salvadoran asylum seekers from the U.S. border. Many arrive with the same question: “Where are we?”

For the first time ever, the United States is shipping asylum seekers who arrive at its border to a “safe third country” to seek refuge there. The Trump administration hopes the program will serve as a model for others in the region.

But during its first weeks, asylum seekers and human rights advocates say, migrants have been put on planes without being told where they were headed, and left here without being given basic instruction about what to do next.

When the migrants land in Guatemala City, they receive little information about what it means to apply for asylum in one of the hemisphere’s poorest countries. Those who don’t immediately apply are told that they must leave the country in 72 hours. The form is labeled “Voluntary Return.”

 

“In the U.S., the agents told us our cases would be transferred, but they didn’t say where. Then they lined us up to get on the plane,” said a woman named Marta, 43, from Honduras. She sat in a migrant shelter here with her 17-year-old son, who nursed a gunshot wound in his left cheek — the work, both say, of a Honduran faction of the MS-13 gang.

“When we looked out the window, we were here,” she said. “We thought, ‘Where are we? What are we supposed to do now?’ ”

After the volcano, indigenous Guatemalans search for safer ground — in Guatemala, or the United States

Human rights organizations in Guatemala say they have recorded dozens of cases of asylum seekers who were misled by U.S. officials into boarding flights, and who were not informed of their asylum rights upon arrival. Of the 143 Hondurans and Salvadorans sent to Guatemala since the program began last month, only five have applied for asylum, according to the country’s migration agency.

 

“Safe third country” is one of the Trump administration’s most dramatic initiatives to curb migration — an effort to remake the U.S. asylum system. President Trump has called it “terrific for [Guatemala] and terrific for us.”

But an Asylum Cooperation Agreement is bringing migrants to a country that is unable to provide economic and physical security for its own citizens — many of whom are themselves trying to migrate. In fiscal 2019, Guatemala was the largest source of migrants detained at the U.S. border, at more than 264,000. The country has only a skeletal asylum program, with fewer than a dozen asylum officers.

Trump wants border-bound asylum seekers to find refuge in Guatemala instead. Guatemala isn’t ready.

As the deal was negotiated, it drew concerns from the United Nations and human rights organizations. But its implementation, advocates say, has been worse than they feared.

“It’s a total disaster,” said Thelma Shau, who has observed the arrival of asylum seekers at La Aurora International Airport in her role overseeing migration issues for Guatemala’s human rights ombudsman.

“They arrive here without being told that Guatemala is their destination,” she said. “They are asked, ‘Do you want refuge here or do you want to leave?’ And they have literally minutes to decide without knowing anything about what that means.”

pastedGraphic_4.png

President Trump and first lady Melania Trump meet in the Oval Office last month with then-President Jimmy Morales of Guatemala. (Jabin Botsford/The Washington Post)

The Guatemalan government says that it explains asylum options and that migrants are simply choosing to leave voluntarily.

“Central American people are given comprehensive attention when they arrive in the country, and respect for their human rights is a priority,” said Alejandra Mena, a spokeswoman for Guatemala’s migration agency. “The information provided is complete for them to make a decision.”

In Guatemala, lenders that were supported by USAID and the World Bank are now funding illegal migration.

The Department of Homeland Security did not respond to requests for comment. The United States has signed similar “safe third country” agreements with El Salvador and Honduras, but they have not yet been implemented. In recent days, Trump administration officials have said they are considering sending Mexican asylum seekers to Guatemala to seek refuge.

Human rights groups in Guatemala that have observed the process say migrants here are not given key information about their options — such as what asylum in Guatemala entails and where they would stay while their claims are being processed. Many migrants are aware that Guatemala suffers from the same gang violence and extortion that forced them from their home countries.

pastedGraphic_5.png

Migrants from Guatemala disembark from a raft in Ciudad Hidalgo, Mexico, in June. (Rebecca Blackwell/Associated Press)

Paula Arana observed the orientation as child protection liaison for the human rights ombudsman.

“It’s clear that the government is not providing enough information for asylum seekers to make a decision, especially in the three minutes they are given,” she said. “Instead, they are being pushed out of the country.”

The United States had suggested that it would begin implementing the agreement by sending single men to Guatemala. But less than a month after it began, families with young children are arriving on the charter flights. Last week, Arana said, a 2-year-old arrived with flulike symptoms.

On Thursday, a man named Jorge, 35, his wife and two daughters, ages 11 and 15, landed here. A day later, they were clustered together at the Casa del Migrante, a shelter in Guatemala City where government officials took them in a bus. They had been given the papers with 72 hours’ notice to leave Guatemala, and couldn’t figure out what to do.

The family had fled multiple threats from gangs in Honduras, which started with an interpersonal dispute between Jorge’s wife and one of the gang’s leaders. Jorge was certain that going back would mean certain death. Like Marta, Jorge did not want his last name to be published out of fear for his family’s safety.

“We’re thinking about our options. We know we can’t stay here. What would I do? Where would we stay?” he said. “Maybe we need to try to cross to the United States again.”

In western Guatemala, cultivating coffee was once a way out of poverty. As prices fall, growers are abandoning their farms for the United States.

The Office of the U.N. High Commissioner for Refugees is not participating in the program. But officials say they’re aware of problems with its implementation.

“UNHCR has a number of concerns regarding the Asylum Cooperation Agreement and its implementation,” said Sibylla Brodzinsky, UNHCR’s regional spokeswoman for Central America and Mexico. “We have expressed these concerns to the relevant U.S. and Guatemalan authorities.”

 

Human rights advocates who have interviewed the asylum seekers, known locally as “transferidos,” say many have decided that their best option is to migrate again to the United States. Smugglers often offer their customers three chances to make it across the border.

Migrants at the Casa del Migrante described spending a week in Immigration and Customs Enforcement custody in the United States, where they had intended to make their asylum claims. Many carried binders full of evidence they assumed would bolster their cases. On her phone, Marta saved avideo of her son being tortured by MS-13 gang members.

But in their brief conversations with U.S. immigration officials, they were told they would not be given a chance to apply for asylum in the United States.

“We had all this information to show them,” Marta said, leafing through photos of her son’s scars and Honduran court documents. “They said, ‘That’s not going to help you here.’ ”

This school aims to keep young Guatemalans from migrating. They don’t know it’s funded by the U.S. government.

In interviews with The Washington Post, some migrants said they were told vaguely that their cases were being “transferred.” Others were told they were going to be returned to their countries of origin.

“One agent told me, ‘You’re going back to Honduras,’ ” Marta said. But then they arrived in Guatemala City.

“When we looked out the window, we just assumed it was a stop,” her son said.

Marta thought Guatemala might be even more dangerous. They had no connection to the country and nowhere to stay beyond their first few days. When she left the migrant shelter to buy food Friday morning, she said, she stumbled upon a crime scene with a dead body a few blocks away.

During their nine-day detention at an ICE facility in Texas, she said, the family shared a cell with a Guatemalan family that was fleeing violence perpetrated by a different MS-13 group based here.

pastedGraphic_7.png

Agronomy students, some hooded, block a street outside a Guatemala City hotel before lawmakers voted on the deal that made Guatemala a “safe third country” for migrants seeking asylum in the United States. (Oliver De Ros/Associated Press)

“Why would they send us to a country where the same gangs are operating?” she asked.

 

In the absence of a thorough explanation of their asylum rights in Guatemala, El Refugio de la Niñez is offering a short tutorial to the asylum seekers. So far, 45 have attended.

“The Guatemalan government is completely absent in this whole process,” said Leonel Dubon, the director of the U.N.-funded center. “It sends a clear message. The government isn’t here to offer shelter, it’s here to push people out as quickly as possible.”

The Trump administration negotiated the “safe third country” agreement last year with lame-duck Guatemalan President Jimmy Morales.

As Guatemala pursues war criminals, a dark secret emerges: Some suspects are living quiet lives in the U.S.

Guatemala’s constitutional court initially blocked the deal. Then Trump threatened tariffs on the country and taxes on remittances sent home by Guatemalans living in the United States. It was eventually signed in July.

The new Guatemalan president, Alejandro Giammattei, was sworn in Tuesday. He has raised concerns about the agreement, saying he hadn’t been briefed on its details.

At the signing ceremony, Trump said it would “provide safety for legitimate asylum seekers, and stop asylum fraud and abuses [of the] system.”

U.S. asylum officers do not vet the cases of migrants before they are sent to Guatemala.

In her brief conversations with U.S. immigration agents, Marta tried to get them to look at her binder full of documents and photos.

“They weren’t interested,” she said. “They just kept saying that your case will be transferred to an institution that can handle it.”

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

Kevin writes about a tragically absurd situation that seems to have fallen “below the radar screen” of public outrage or even discourse. This is wrong! Most days I can’t believe that the county that I proudly served for more than 35 years is engaging in this type of abusive behavior that would be below the level of even some Third World dictatorships.

And, it isn’t just “occasional abuse” — it’s systemized, institutionalized abuse and dehumanization on a global and regular basis — all approved or de facto enabled by feckless and spineless Federal Appellate Courts, all the way up to the Supremes! These are folks who should know better and really have no other meaningful function in our “separation of powers” system other than to protect our individual rights. Authoritarian governments and dictators hardly need “courts” to enforce their will, even if some find it useful to “go through the motions” of creating and employing complicit “judges.” As one of my Round Table colleagues succinctly put it “there appears to be no bottom!”

Clearly, the “Safe Third Country” exception was never intended by Congress, nor does the statutory language permit it, to be used to “orbit” asylum applicants to some of the most dangerous refugee sending countries in the world with thoroughly corrupt governments and non-existent asylum systems. So, why does the Trump regime have confidence that it can and will get away with these atrocities? Because they believe, correctly so far, that the Article III Federal Courts, many of them now stacked with Trump’s hand-selected “toady judges,” are afraid to stand up to tyranny and protect the rights of desperate, mostly brown-skinned, asylum seekers.

Obviously, from an institutional standpoint, the Article III Courts are saying:

 “Who cares what happens to a bunch of brown-skinned foreigners. Let ‘em die, rot, or be tortured. Human rights, due process, and human dignity simply don’t matter when they don’t affect us personally, financially, or socially. That’s particularly true because the results of our abuses are taking place, thankfully, in foreign nations: out of sight, out of mind. Not our problem.”

Apparently, many Americans agree with this immoral and illegal approach. Otherwise, the “black robed, life tenured ones” would be pariahs in their communities, churches, and social interactions. They wouldn’t be offered those cushy teaching positions at law schools or a chance to expound before public audiences.

But, not speaking out against bad judges and not insisting on integrity and courage in the Article III courts could ultimately prove fatal for all of our individual rights. Judges who use their privileged positions to turn a blind eye to the oppression of others, particularly the most vulnerable humans among us, and the catastrophic failure of the rule of law and Due Process in  the U.S. immigration system can hardly be expected to stand up for the individual rights of any of us against Government oppression. 

After all, why should an exulted Federal Appellate Judge or a Supreme Court Justice care about what happens to you, unless your blood is about to spatter his or her pristine black robe? Many of those supportive of or complicit in Trump’s tyranny will personally experience the costs of a feckless Federal Judiciary when their “turn in the barrel” comes. And, the Trump regime’s list of those who’s “lives and rights don’t matter” is very, very long and continually expanding.

All I can say now is that some day, the full truth about what happens to those unlawfully and immorally turned away at our borders will “out.” Then, many Articles III judges will try to disingenuously protect their reputations by saying, similar to many judges of the Third Reich, “Gee, who knew,” or “I was powerless,” or “It was a political problem beyond our limited jurisdiction.”

My charge to the New Due Process Army: Don’t let the complicit judges get away with it in the “Court of History.” You see, know, and experience first-hand every day the results of Article III judicial complicity. Don’t ever forget what those judges have done and continue to do to human lives from their protected and “willfully clueless” ivory towers! Ultimately, you aren’t as powerless as the “complicit ones” think you are!

Due Process Forever; Feckless, Complicit, Immoral Federal Judges Never!

PWS

01-14-20 

  

US DISTRICT JUDGE DANA SABRAW REJECTS ACLU CLAIM THAT DHS HAS RETURNED TO POLICY OF “SYSTEMATICALLY SEPARATING” FAMILIES AT BORDER

Mica Rosenberg
Mica Rosenberg
National Immigration Reporter, Reuters
Kanishka Singh
Kanishka Singh
Political News Journalist
Reuters

 

https://www.reuters.com/article/us-usa-immigration-children/judge-rules-in-favor-of-trump-administration-in-family-separation-case-idUSKBN1ZD1LY?il=0

Judge rules in favor of Trump administration in family separation case

(Reuters) – A U.S. federal judge has ruled that the Trump administration’s ongoing separations of families at the U.S.-Mexico border based on parents’ criminal history or health exclusions are being carried out with proper discretion.

Mexican asylum seekers camping near the Paso del Norte international border crossing bridge while waiting to apply for asylum to the U.S. are evicted by the local government, who will move them to a local shelter, in Ciudad Juarez, Mexico January 7, 2020. REUTERS/Jose Luis Gonzalez

The ruling, by U.S. District Judge Dana Sabraw in San Diego, California, on Monday, was a rare victory for the government in a case that has been ongoing since 2018.

The American Civil Liberties Union (ACLU) first brought the case over President Donald Trump’s “zero tolerance” policy of criminally prosecuting all border crossers, which led to the separation of hundreds of families and sparked national outrage. Sabraw had ordered the administration to find and reunite separated families.

Trump officially halted the practice with an executive order on June 20, 2018. But the ACLU claimed in court that since then, the government has continued the practice and separated more than 1,000 families in violation of Sabraw’s order.

The government has said it separates families when it suspects the parent has a criminal record, a communicable disease, or when there are questions about the relationship between the adult and the migrant child. It claimed its current practice is no different than prior administrations.

The rights group argued, however, that the administration was taking children from parents when they had only minor infractions like traffic violations or previous illegal border crossings.

Sabraw found government officials were “generally exercising their discretion to separate families at the border” in a manner consistent with migrants’ “rights to family integrity and the Court’s orders.”

The judge added there was no evidence before the court that the government has “returned to systematically separating families at the border.”

Sabraw did say that the government should use its rapid DNA testing technology to confirm parentage and not separate families based on “subjective concerns” alone.

The ACLU highlighted that part of the ruling in a statement: “The court strongly reaffirmed that the Trump administration bears the burden if it attempts to separate families based on an accusation that the adult is not the child’s parent,” ACLU attorney Lee Gelernt said.

The group said it was considering its next move in the case.

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

Reporting by Kanishka Singh in Bengaluru and Mica Rosenberg in New York; Editing by Chizu Nomiyama and Matthew Lewis

 

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

While most news commentators to date have viewed this as a “victory” for the Trump Administration,” Judge Sabraw did reaffirm the principles of his original injunction that had forced a change in Government policy. He did, however, reject the ACLU’s request for expanded injunctive relief, except for timely DNA testing. He found no evidence that the DHS had failed to comply with the terms of the prior injunction on a systemic basis.

 

PWS

 

01-14-20

ROGER ALGASE @ ILW.COM: How The Trump Regime’s Gross Immorality, Inhumanity, & Illegality Have Replaced America’s Moral Leadership On The World Stage!

Roger Algase
Roger Algase
Immigration Attorney
New York, NY

https://clicks.aweber.com/y/ct/?l=BXLvi&m=fxzs.sAL1oeaGWA&b=YSYqSh1DOxFOlVXvkRos2A

pastedGraphic.png

ImmigrationLawBlogs started a blog post As asylum-seeker kills himself at the border, leading Jewish cleric condemns administration’s inhumanity toward desperate immigrants. Meanwhile, Trump ramps up hate for 2020 election By Roger Algase

01-10-2020, 09:08 AM

Update: January 11 1:42 pm:

For another viewpoint on the urgency of defeating Trump’s politics of hate against immigrants and other minorities in he upcoming election this November, see Kristian Ramos in The Hill (January 11):

We can’t let ‘white nativism’ politics cloud 2020 election

We can’t let ‘white nativism’ politics cloud 2020 election

Update: January 11 at 9:15 am:

Two late-breaking January 10 news stories show that Trump and his Republican allies are ramping up the hate against legal non-European immigrants in preparation for this November’s election.

The Washington Post reports that Texas has become the first state to bar resettlement of refugees under Trump’s executive order giving them the authority to do so. Admission to the UIS of legal refugees this year is already at an historic low under the agenda of Trump and Miller. Miller reportedly didn’t want to any refugees at all to be admitted this year.

For more on this latest show of bigotry by Texas Republican governor Greg Abbot, see:

https://www.washingtonpost.com/immigration/2020/01/10/texas-becomes-first-state-publicly-reject-refugees-under-trump-order

On the same day, The Guardian reports that Trump is planning to add unspecified additional countries to his infamous Muslim ban order.

https://www.theguardian.com/us-news/2020/jan/10/trump-travel-ban-expansion

Both of these developments, which involve barring legal immigrants whose ethnicity or religion doesn’t happen to fit in with Trump’s avowed goal of admitting only immigrants from “Countries like Norway” and with Miller’s goal (expressed in almost 1,000 recent emails) of taking America’s immigration system back to the openly racist 1924 regime (which Adolf Hitler expressed so much admiration for in Mein Kampf) show that exploiting and stirring up more hate against nonwhite immigrants, including those eligible to come to the US legally, will be the order of the day for Trump’s re-election campaign.

My earlier comment follows below:

While the media remain focused on Donald Trump’s apparently now-abandoned threat to commit a war crime by blowing up cultural heritage sites in Iran, as an end result of his dehumanizing 2017 Muslim Ban order; or on the travesty that Senate Republicans are planning in order to “acquit” Trump of cravenly timid Democratic impeachment charges which entirely ignore his High Crimes and Misdemeanors against the basic human rights of nonwhite immigrants, what could very arguably be considered a Crime Against Humanity that the Trump administration is carrying out against desperate asylum seekers at the Mexican border in service of Stephen Miller’s white supremacist agenda is growing worse and worse.

The Guardian reports on January 9 that an obviously desperate Mexican asylum-seeker killed himself on the international bridge after being refused entry to the United States.

https://www.theguardian.com/world/2020/jan/09/mexico-asylum-seeker-refused-us-entry

This may be less surprising than it seems in light of the appalling, inhuman conditions that legitimate asylum seekers fleeing gang violence and other life-threatening conditions in Central America are forced to endure as a result of Trump’s racist and inhuman (as well as almost certainly illegal) “Remain in Mexico” asylum policy. See Vox (December 20, 2019):

In camps on the US-Mexico border, asylym-seekers have been abandoned

https://www.vox.com/policy-and-politics/2019/12/20/20997299/asylum-border-mexico-us-io,-unhcr-usaid-migration-international-humanitarian-aid-m…

See also: Slate:

Trump’s tent cities are on the verge of killing immigrant children

https://slate.com/news-and-politics/2019/12/trump-tent-cities-mpp-killing-immigrant-children.html

This horrendous display of inhumanity by the Trump administration as led to a protest by a leading Jewish religious leader, Arnold Eisen, Chancellor of the Jewish Theological Seminary (in New York City) America’s leading institution for the Conservative branch of Judaism against what he calls America’s failure to carry out its moral obligation toward desperate asylum seekers and immigrants and other immigrants. See, The Hill, January 9:

https://the hill.com/opinion/immigration/477577/-our-moral-obligation-to-us-migrants-and-asylum-seekers

After visiting overcrowded immigrant border shelters , an ICE detention center and an asylum hearing courtroom along with other Jewish clergy, Eisen writes:

“What we saw was profoundly sobering. The predicament of those trapped at the Mexican border looks increasingly bleak as the federal government enacts more restrictive policies in the name of protecting Americans from the alleged invasion.”

Eisen then explains what motivated him to write:

“When people asked me why I was making this journey, my answer was simple: ‘Because I am a Jew.’ My grandparents arrived in this country seeking a better life, in some cases fleeing pogroms and persecutions, and the Torah’s command to care for the stranger summons me in a voice I dare not ignore. The Bible tells us that Jews are not permitted to stand by in the face of suffering and injustice.”

He then explains that this is not only a Jewish issue.:

“But the crisis at the border is a non-denominational issue and it should be non-partisan.” 

Unfortunately, in today’s America, the crisis caused by the Trumps administration’s egregious violations of essential human rights of nonwhite immigrants is anything but non-partisan. One party is blindly following its Leader into making hatred of non-European immigrants, both legal and “irregular”, as the centerpiece of its agenda, while the other party’s leaders are too cowardly to mount an effective defense of immigrants’ human rights which are being trampled on.

Ironically, the driving force of this agenda of anti-immigrant persecution, Stephen Miller, is also the grandchild of a Jewish immigrant. What kind of understanding of the Jewish heritage of care and compassion for the suffering of the stranger in our midst is he showing?

And how much understanding of this tradition of essential humanity does Miller’s boss Donald Trump, who claims to be a great friend of Israel and the Jewish people, show in his immigration policy, which includes drastic measures against even the most highly skilled and educated legal immigrants, not only asylum seekers and unauthorized immigrants?

Roger Algase

Attorney at Law

Last edited by ImmigrationLawBlogs; 01-11-2020, 01:43 PM.

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

Unfortunately, for America and the world, Roger has it pegged exactly right. Humanity, compassion, decency, and equal justice for all have disappeared from U.S. foreign and domestic policy under Trump. That’s the essence of a White Nationalist kakistocracy. And, as Roger also recognizes, there is more than a little anti-semitism and racism mixed in and driving these policies. It just so happens that Hispanics and folks with brown skins are the current “target of the day.”  

But, actually, nobody is safe in the “Age of Trump” as his sycophants and supporters have found out (see., e.g., Jeff “Gonzo Apocalypto” Sessions, Kristjen Nielsen, Steve Bannon, John Bolton, Michael Cohen, et al.). The only thing or person that Donald Trump has ever cared about is (surprise): Donald Trump. Everybody else, including our nation, the environment, and world civilization, is expendable.

I also appreciate Roger’s “outing” of bigoted Texas Gov. Greg Abbott for his ridiculous and disingenuous attempt to “bar” refugee resettlement in Texas. For the record, quite contrary to Abbott’s racist whining, few states have benefitted more than Texas from migrants, whether they be refugees, asylum recipients, documented, or undocumented.  See, e.g., https://www.americanimmigrationcouncil.org/research/immigrants-in-texas

In the “race to the bottom,” never count out Donald Trump and his GOP stalwarts!

PWS

01-13-20

AILA POLICY BRIEFING: EOIR Still Playing “Hide The Ball” On Tent Court Access!

Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA
Leidy Perez-Davis
Leidy Perez-Davis
Policy Counsel
AILA

20011061-AILA Policy Briefing

Policy Brief: Public Access to Tent Courts Now Allowed, but Meaningful Access Still Absent January 10, 2020

Contact: Laura Lynch (Llynch@aila.org) or Leidy Perez-Davis (LPerez-Davis@aila.org)

In September 2019, the U.S. Department of Homeland Security (DHS) opened massive temporary tent facilities in Laredo and Brownsville, Texas, that function as virtual immigration courtrooms for vulnerable asylum seekers subject to Remain in Mexico. During the hearings, asylum seekers are held in tents at the ports of entry while judges appear remotely via video teleconference (VTC).

Unlike in other immigration courts, the government barred attorney observers, press, and the public from accessing these facilities, in violation of U.S. Department of Justice (DOJ) regulations requiring immigration hearings to generally be open to the public. Access to the tent courts is critical to ensuring due process, and AILA, along with several other organizations and numerous members of Congress, repeatedly voiced concerns about the lack of transparency. In response, and after months of public demand for access, the Wall Street Journal reported on December 29, 2019, that DHS directed component agencies to open the tent courts to the public.1

The DHS acknowledgement that transparency is both necessary and required is a vital first step toward upholding due process in tent courts. However, thus far, DHS and DOJ have operationalized this directive in a way that fails to allow meaningful access to the tent court facilities and imposed new hurdles to transparency by assigning immigration judges from the Ft. Worth Immigration Adjudication Center.

Tent Court Access Prior to December 29, 2019, Public Access Announcement

When DHS initially opened the tent courts in September 2019, it allowed only asylum seekers and their attorneys of record into the facilities. At one time, even support staff for attorneys of record such as interpreters and paralegals were restricted from entering the tents, though they were later allowed to accompany the attorneys. Attorney observers, press, and members of the public were categorically barred from the tent facilities while hearings were taking place. Representatives from AILA and other court observers were permitted to observe Master Calendar Hearings and Individual Merits Hearings only at the brick-and-mortar courtrooms where the judges appearing by VTC were located. However, remote observation is not an adequate substitute for access to the tent courts because observers are not able to assess how the proceedings are operating from the vantage point of the individual respondent, who is the most gravely impacted by these proceedings.

1 “In an effort to ensure consistency, clarity, and transparency, the acting secretary directed [component agencies] to formalize guidance for public access to these facilities, consistent with immigration courts across the country.” – DHS spokeswoman, Heather Swift. See Michelle Hackman, Wall Street Journal, U.S. Opens Immigration ‘Tent Courts’ to Public, Dec. 29, 2019.

1

Laredo and Brownsville Tent Court Setup from September 2019 through December 2019

Laredo Tent Court Brownsville Tent Court
Laredo tent court proceedings, including both Master Calendar Hearings and Individual Merits Hearings, were conducted via VTC by immigration judges located at the brick-and-mortar San Antonio immigration court, which is nearly 200 miles away. Brownsville tent court proceedings, including both Master Calendar Hearings and Individual Merits Hearings, were conducted by immigration judges located at the Harlingen and Port Isabel immigration courts, as well as the El Paso SPC, which is nearly 800 miles away from the Brownsville tent court.
  • ●  Respondents appeared in person at the Laredo tent court.
  • ●  Immigration judges from the San Antonio Immigration Court appeared via VTC.
  • ●  Attorneys of record appeared either (1) at the Laredo tent court or (2) via VTC from the San Antonio brick-and-mortar courtrooms.
  • ●  ICE trial attorneys located at the San Antonio Immigration Court appeared via VTC.
  • ●  Interpreters interpreted remotely from the San Antonio Immigration Court.
  • ●  Witnesses appeared either (1) at the Laredo tent court or (2) via VTC from the San Antonio brick-and-mortar courtrooms.
  • ●  Court observers were only permitted to observe Master Calendar Hearings and Individual Merits Hearings at the brick-and-mortar courts
  • ●  Respondents appeared in person at the Brownsville tent court.
  • ●  Immigration judges from Harlingen, Port Isabel, or El Paso SCP appeared via VTC.
  • ●  Attorneys of record appeared either (1) at the Brownsville tent court or (2) via VTC from the immigration judge location.
  • ●  ICE trial attorneys appeared via VTC from the immigration judge location.
  • ●  Interpreters interpreted remotely from the immigration judge location.
  • ●  Witnesses appeared either (1) at the Brownsville tent court or (2) via VTC from the immigration judge location.
  • ●  Court observers were only permitted to observe Master Calendar Hearings and Individual Merits Hearings at the brick-and-mortar courts.

Tent Court Access After December 29, 2019, Public Access Announcement

Master Calendar Hearings

Reports indicate that members of the press and public have been permitted to observe Master Calendar Hearings at the Brownsville and Laredo tent court facilities, in addition to the brick-and-mortar courts where the judges sit. However, this access has not been consistent with access allowed at other immigration courts across the country. For example, Master Calendar Hearings are generally open to the public, but in the tent courts, DHS personnel dictate particular Master Calendar Hearings the public is permitted to observe. Reporters and court observers have encountered other logistical hurdles, such as DHS prohibiting pens and notepads in the tents, which impede their ability to accurately observe and document the hearings.

Access to Individual Merits Hearings2

DOJ and DHS recently imposed significant new barriers that block the public’s ability to observe Individual Merits Hearings taking place at the Laredo and Brownsville tent courts. DOJ recently began assigning individual merits hearings to the Ft. Worth Immigration Adjudication Center (IAC) judges. The Ft. Worth IAC opened in October 2018 and is a remote-only facility that is closed to the public.3 Immigration judges

2 In order to observe asylum hearings, court observers need to obtain permission from the Respondent. See EOIR Immigration Court Practice Manual, Chapter 4.9, Public Access.
3 For more background information about IACs, please see the following materials: AILA’s Policy Brief: FOIA Reveals EOIR’s Failed Plan for Fixing the Immigration Court Backlog, Feb. 21, 2019 (pgs. 4-5); The American Bar

2

AILA Doc. No. 20011061. (Posted 1/10/20)

stationed at these centers adjudicate cases from around the country via VTC. The public has not been permitted to observe hearings at the IAC. Previously, court observers have been able to watch IAC proceedings by video in courtrooms where the respondent and ICE attorney are located.

However, reports indicate that DHS has blocked access to Individual Merits Hearings at the tent courts. If that continues, it would mean that there is no location for court observers or the media to watch the Individual Merits Hearings of respondents in tent courts assigned to IAC judges. For example, an AILA member reported earlier this week that DHS prevented her client’s adult son who is a lawful permanent resident from attending his mother’s Individual Merits Hearing at the Brownsville tent court that was assigned to a judge located at the Ft. Worth IAC. The son was initially permitted to enter the hearing in the tent court because he was listed as a witness in the case. Once the hearing started, the AILA member informed the immigration judge that she did not intend to call the son as a witness and would instead rely on his declaration. Despite empty chairs in the hearing room, security made the son sit in the waiting area for the duration of the hearing because the policy does not permit observers to attend Individual Merits Hearings.

At best, utilizing Ft. Worth IAC immigration judges to adjudicate Individual Merits Hearings at tent courts introduces additional operational complexities. At worst, it will block all public access. See below for more information on how using IAC judges to adjudicate hearings at the tent courts is functioning. AILA is still gathering additional information.

Merits Hearings at Brownsville Tent Court Adjudicated by IAC Judges

  • ●  Respondents appear in person at the Brownsville tent court.
  • ●  Immigration judges from the Ft. Worth IAC appear via VTC.
  • ●  Attorneys of record appear at the Brownsville tent court.
  • ●  ICE trial attorneys from an unknown location appear via VTC.
  • ●  Interpreters interpret in person at the Brownsville tent court.
  • ●  Witnesses appear in person at the Brownsville tent court.
  • ●  AILA is still gathering more information on whether DHS and DOJ are

taking steps to facilitate court observers’ access to these hearings.

What Don’t We Know?

DHS and DOJ’s lack of transparency continues to create chaos for court observers at these two tent courts. Below are a few of the many key outstanding questions regarding access to the tent court facilities.

  • DHS indicated that it has developed formal guidance on public access to tent court facilities but has not yet shared this guidance publicly. Will DHS share this guidance with the public?
  • What steps are DHS and DOJ taking to ensure meaningful public access to observe both Master Calendar Hearings and Individual Merits Hearings conducted at the tent court facilities, consistent with access allowed at other immigration courts across the country?
  • In situations where immigration judges from an IAC are assigned to adjudicate Individual Merits Hearings at the tent courts, how will DOJ facilitate public access? Does DOJ have plans to open the IACs to the public in the future?

Association’s 2019 Update Report, Reforming the Immigration System (pgs. 81-82); and The American Immigration Council Blog, The Judicial Black Sites the Government Created to Speed Up Deportations, Jan. 7, 2019.

3

AILA Doc. No. 20011061. (Posted 1/10/20)

 

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

 

Shouldn’t surprise anyone familiar with EOIR’s “Trump Era” user unfriendly policies, misinformation, xenophobia, and anti-Due-Process agenda.

 

I appreciate “NDPA superstars” Laura and Leidy keeping “on” this story. But, with Congress and the Article III courts taking a “pass” on their Constitutional functions (but, still collecting their paychecks), those “true patriots” like Laura and Leidy defending our Constitution and trying to preserve our democratic institutions face constant unnecessary “uphill battles” because of the dereliction duty by those charged with protecting the public good.

 

Due Process Forever!

 

 

PWS

 

01-11-20

HISTORICAL PERSPECTIVE: CLYDE W. FORD @ LA TIMES: “Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’”

Clyde W. Ford
Clyde W. Ford
American Author

https://www.latimes.com/opinion/story/2020-01-07/great-race-passing-trump

Ford writes:

OPINION

Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’

 

By CLYDE W. FORD

JAN. 7, 2020

 

3:01 AM

The images horrify.

On the banks of the Rio Grande, a child floats lifelessly, her arm around her father, both drowned while trying to cross from Mexico into the United States. Refugees crossing the Mediterranean from Africa into Europe regularly drown. A Honduran mother dragging children flees from tear gas at the U.S. border. Children in cages.

The policies terrify. A border wall. Family separation. The purgatory of waiting for asylum in a third country.

In December, the Washington Post reported that U.S. Immigration and Customs Enforcement wants to use migrant children in detention as bait. Adults who show up to claim them would be targeted for arrest and deportation.

The words incite fear. “Bad hombres.” “Rapists.” “Criminals.” “Shithole countries.” When uttered by a U.S. president, they carry even greater weight.

Britain, Poland, Italy, the United States. Around the world, countries once proud of welcoming immigrants seem determined to find ever more devious ways to keep them out. Are these signs of a newly ascendant nationalism? Or the last gasps of existential fear?

The worldwide immigration crisis — and the racism apparently driving it — can trace its roots in part to a century-old book, Madison Grant’s “The Passing of the Great Race.”

In publishing a centenary edition of the 1916 work, white nationalist Ostara Press praised the book as a “call to American whites to counter the dangers both from non-white and non-north Western European immigration.” Grant proposed a “Nordic race,” loosely centered in Scandinavia, as principally responsible for human social and cultural development. He feared immigration and intermarriage would dilute this race, dooming it to extinction.

Grant’s fears of his “great race” passing are very much alive today.

The Southern Poverty Law Center’s ongoing study of emails sent by Stephen Miller to Breitbart News in the lead-up to the 2016 presidential election document his affinity for white nationalism. Miller, an architect of the Trump administration’s immigration policies, lauds former President Calvin Coolidge for signing the Immigration Act of 1924, which hardened non-white immigration and eased white immigration from Western Europe. It also established the U.S. Border Patrol, the predecessor of Customs and Border Protection and ICE.

Grant’s writing is credited as part of the inspiration for the creation and passage of that 1924 Act. Hitler called Grant’s book, “my bible.” Grant’s ideas defined apartheid. His book fueled the U.S. eugenics movement.

Eugenics is a pseudoscience of race that seeks to breed and maintain a “Nordic stock” of human beings, while culling undesirables — blacks, Jews, Asians, South Americans, homosexuals, the physically and mentally ill, and others — through measures ranging from forced sterilization to death.

In Grant’s day, eugenics attracted the rich and famous — Carnegies, Rockefellers, and the Kelloggs of Corn Flakes fame. Eugenicist Margaret Sanger, founder of Planned Parenthood, saw birth control work as eliminating “human weeds” and Alexander Graham Bell presided over the scientific directors of the Eugenics Records Office, a research institute in Cold Spring Harbor, N.Y.

Eugenics is very much in vogue among white nationalists and far-right groups worldwide, though refashioned now into broader conspiracies like “replacement theory,” which originated in France with the writings of Renaud Camus and proposes that U.S. and European whites are being intentionally “replaced” through low birth rates and liberal immigration policies.

“We can’t restore our civilization with somebody else’s babies,” tweeted U.S. Rep. Steve King (R-Iowa) in 2017. A gunman in Norway who murdered 80 people in 2011 portrayed the act as a defense of the Nordic race from the scourge of Islamic immigration. Similar “replacement theory” fears influenced mass shooters in Christchurch, Pittsburgh, El Paso and Charleston.

Surprisingly, Grant was as an early conservationist who saw in the fate of endangered species — the moose, the buffalo, the redwood tree — a similar fate awaiting his “Nordics.” He helped establish the U.S. National Park system. Modern-day environmental and climate movements have roots in Grant’s work, leading to a convoluted, bizarre specter:

The U.S. and European countries that Grant lauded manufacture the “greenhouse gases” threatening the environment that Grant sought to protect. Meanwhile, the climate crisis produces refugees from countries that Grant abhorred, seeking shelter in countries with draconian immigration policies that Grant helped to create.

Yet Grant was right. His “great race” is passing. Studies cite 2050 as the tipping point, when U.S. whites will become a statistical minority, and most Americans will be people of color. Whether crafted in overtly racist language or couched in covertly racist immigration policies, fear of the “great race” passing is used to win elections, cling to power, manipulate public opinion and grow organizational membership.

Immigrants built America. This new wave is no different. They are the face of the future, deserving new lives in a country that helps them succeed.

Yes, the “great race” is passing. Good riddance. And we should turn to finding ways to help everyone accept this inevitability — and thrive from it.

Clyde W. Ford is the author of “Think Black,” a memoir about his father, the first black software engineer in America.

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

Like those who were behind or “went along to go along” with horrible parts of our history like Dred Scott, Plessy v. Ferguson, the Chinese Exclusion Laws, or Jim Crow, Trump’s supporters and enablers eventually will have much to answer for in the “court of history.”

“Fake news.” “alternative facts,” false narratives, and internet myths might be gospel to Breitbart, Fox News, GOP sycophants, and Trump voters, but eventually, particularly in an age of information and documentation, “truth will out.” And, it won’t be pretty for the “Modern Day Jim Crows” any more than it was for the segregationists and other racists who preceded them.

PWS

01-10-20

 

FRANK RICH @ NY MAGGIE: TRUMP TOADIES WILL FACE A RECKONING — “With time, the ultimate fates of those brutalized immigrant and refugee families will emerge in full. And Trump’s collaborators, our Vichy Republicans, will own all of it . . . .”

Frank Rich
Frank Rich
Writer-At-Large
NY Magazine

http://nymag.com/intelligencer/2020/01/what-will-happen-to-trumps-republican-collaborators.html

What Will Happen to The Trump Toadies? Look to Nixon’s defenders, and the Vichy collaborators, for clues.

By Frank Rich

@frankrichny

pastedGraphic.png

Photo: Getty Images

This article was featured in One Great Story, New York’s reading recommendation newsletter. Sign up here to get it nightly.

Irony, declared dead after 9/11, is alive and kicking in Trump’s America. It’s the concepts of truth and shame that are on life support. The definition of “facts” has been so thoroughly vandalized that Americans can no longer agree on what one is, and our president has barreled through so many crimes and misdemeanors with so few consequences that it’s impossible to gainsay his claim that he could shoot someone on Fifth Avenue and get away with it. Donald Trump proves daily that there is no longer any penalty for doing wrong as long as you deny everything, never say you’re sorry, and have co-conspirators stashed in powerful places to put the fix in.

No wonder so many fear that Trump will escape his current predicament scot-free, with a foregone acquittal at his impeachment trial in the GOP-controlled Senate and a pull-from-behind victory in November, buoyed by a booming economy, fractious Democrats, and a stacked Electoral College. The enablers and apologists who have facilitated his triumph over the rule of law happily agree. John Kennedy, the Louisiana senator who parrots Vladimir Putin’s talking points in his supine defense of Trump, acts as if there will never be a reckoning. While he has no relation to the president whose name he incongruously bears, his every craven statement bespeaks a confidence that history will count him among the knights of the buffet table in the gilded Mar-a-Lago renovation of Camelot. He is far from alone.

If we can extricate ourselves even briefly from our fatalistic fog, however, we might give some credence to a wider view. For all the damage inflicted since Inauguration Day 2017, America is still standing, a majority of Americans disapprove of Trump, and the laws of gravity, if not those of the nation, remain in full force. Moral gravity may well reassert its pull, too, with time. Rather than being the end of American history as we know it, the Trump presidency may prove merely a notorious chapter in that history. Heedless lapdogs like Kennedy, Devin Nunes, and Lindsey Graham are acting now as if there is no tomorrow, but tomorrow will come eventually, whatever happens in the near future, and Judgment Day could arrive sooner than they think. That judgment will be rendered by an ever-more demographically diverse America unlikely to be magnanimous toward cynical politicians who prioritized pandering to Trump’s dwindling all-white base over the common good.

All cults come to an end, often abruptly, and Trump’s Republican Party is nothing if not a cult. While cult leaders are generally incapable of remorse — whether they be totalitarian rulers, sexual Svengalis, or the self-declared messiahs of crackpot religions — their followers almost always pay a human and reputational price once the leader is toppled. We don’t know how and when Donald Trump will exit, but under any scenario it won’t be later than January 20, 2025. Even were he to be gone tomorrow, the legacy of his most powerful and servile collaborators is already indelibly bound to his.

Whether these enablers joined his administration in earnest, or aided and abetted it from elite perches in politics, Congress, the media, or the private sector, they will be remembered for cheering on a leader whose record in government (thus far) includes splitting up immigrant families and incarcerating their children in cages; encouraging a spike in racist, xenophobic, and anti-Semitic vigilantes; leveraging American power to promote ethnic cleansing abroad and punish political opponents at home; actively inciting climate change and environmental wreckage; and surrendering America’s national security to an international rogue’s gallery of despots.

That selective short list doesn’t take into account any new White House felonies still to come, any future repercussions here and abroad of Trump’s actions to date, or any previous foul deeds that have so far eluded public exposure. For all the technological quickening of the media pulse in this century, Trump’s collaborators will one day be viewed through the long lens of history like Nixon’s collaborators before them and the various fools, opportunists, and cowards who tried to appease Hitler in America, England, and France before that. Once Trump has vacated the Oval Office, and possibly for decades thereafter, his government, like any other deposed strongman’s, will be subjected to a forensic colonoscopy to root out buried crimes, whether against humanity or the rule of law or both. With time, everything will come out — it always does. With time, the ultimate fates of those brutalized immigrant and refugee families will emerge in full. And Trump’s collaborators, our Vichy Republicans, will own all of it — whether they were active participants in the wrongdoing like Jared Kushner, Stephen Miller, Kirstjen Nielsen, Mike Pompeo, and William Barr, or the so-called adults in the room who stood idly by rather than sound public alarms for the good of the Republic (e.g., Gary Cohn, John Kelly, Rex Tillerson), or those elite allies beyond the White House gates who pretended not to notice administration criminality and moral atrocities in exchange for favors like tax cuts and judicial appointments (from Mitch McConnell and Paul Ryan to Franklin Graham and Jerry Falwell Jr.).

. . . .

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

Read the rest of Rich’s article at the link.

“Tomorrow will come, eventually.” Yup!

Just yesterday, the usually reliable “Trump Toadies” Sen. Mike Lee (R-UT) and Rand Paul (R-KY) were whining and sputtering upon learning what toadyism really means after being “treated like Democrats” during an insulting and clownish “after the fact briefing” on Iran. https://www.cnn.com/2020/01/09/politics/impeachment-watch-january-8/index.html .

But, that moment of lucidity and outrage will pass quickly, and they will undoubtedly rejoin their colleagues like Sen. Marco Rubio (R-FL), Sen. Teddy Cruz (R-TX), Sen. John “Vladimir” Kennedy (R-LA), Lindsey “Braindead” Graham (R-SC), and the rest of the “Party of Putin” in groveling before their Clown-in-Chief.

I would include the Article III judges who tanked in the face of tyranny and failed to protect the legal and human rights of the most vulnerable in the list of those whose misdeeds, spinelessness, and complicity in the face of tyranny eventually will be “outed.”

PWS

01-09-20

“SITTING DUCKS” IN “UNSAFE THIRD COUNTRIES” — How The Supremes, The 9th Circuit, The 5th Circuit, & Other Complicit Federal Appellate Courts Aid & Abet The Trump Regime’s Human Rights Violations — Would The “Privileged Robed Ones” Take Due Process & The Rule Of Law More Seriously If It Were THEIR Kids & Grandkids Being Kidnapped & Held for Ransom For The “Crime” Of Seeking Protection Under U.S. Laws?  

“SITTING DUCKS” IN “UNSAFE THIRD COUNTRIES” — How The Supremes, The 9th Circuit, The 5th Circuit, & Other Complicit Federal Appellate Courts Aid & Abet The Trump Regime’s Human Rights Violations — Would The “Privileged Robed Ones” Take Due Process & The Rule Of Law More Seriously If It Were Their Kids & Grandkids Being Kidnapped & Held for Ransom For The “Crime” Of Seeking Protection Under U.S. Laws?  

Robbie Whelan
Robbie Whelan
Mexico City Correspondent
Wall Street Journal

 

\https://apple.news/A7aogQqflTgq9ZgbhJJzr1A

Robbie Whelan reports for the WSJ:

Latin America

Violence Plagues Migrants Under U.S. ‘Remain in Mexico’ Program

Migrants seeking shelter in the U.S. under Trump administration policy report rising numbers of kidnappings by criminal groups

NUEVO LAREDO, Mexico—Every morning, Lorenzo Ortíz, a Baptist pastor who lives in Texas, drives a 12-seat passenger van packed with food and blankets across the border to pick up migrants who have been dropped off in Mexico and ferry them to shelters.

His mission is to keep the migrants safe from organized crime groups that prowl the streets of this violent Mexican border town. Since the Trump administration began implementing its Migrant Protection Protocols program at the start of 2019—widely known as Remain in Mexico—some 54,000 migrants, mostly from Central America, have been sent back to northern Mexico to wait while their asylum claims are processed. Mexico’s government is helping implement it.

But in cities like Nuevo Laredo, migrants are sitting ducks. Over the years, thousands have reported being threatened, extorted or kidnapped by criminal groups, who prey upon asylum seekers at bus stations and other public spaces.

“Over the last year, it’s gotten really bad,” Mr. Ortíz said.

A typical scheme involves kidnapping migrants and holding them until a relative in the U.S. wires money, typically thousands of dollars, in ransom money. Gangs have also attacked shelters and even some Mexican clergy members who help migrants.

There have been 636 reported cases of kidnapping, rape, torture and other violent crimes against migrants returned to Mexico under Remain in Mexico, according to Human Rights First, which interviews victims in border cities and advocates for migrants’ due process rights. At least 138 of these incidents involved kidnappings of children.

Many more cases of extortion and violence go unreported for fear of retribution. As more migrants are returned to dangerous areas such as Nuevo Laredo under Remain in Mexico, the situation is expected to worsen, the nonprofit Human Rights First said in a recent report.

The Mexican government has played down the violence. Foreign Minister Marcelo Ebrard recently acknowledged kidnapping incidents, but said that “it’s not a massive number.” Only 20 such cases have been investigated by the government, he added.

The Trump administration has credited the program with deterring migrants from attempting to cross into the U.S. Monthly apprehensions of migrants at the U.S. Southern border have plunged from more than 144,000 in May to 33,500 in November. The Remain in Mexico program was expanded in June.

On a recent visit to the border, acting Department of Homeland Security Secretary Chad Wolf said the program has been a “game-changer” for U.S. Customs and Border Protection officers because it has freed them from having to perform humanitarian duties.

But Mr. Ortíz’s daily commute back and forth over the border highlights what migrants’ advocates say is a key element of the program—it isolates migrants not only from the legal counsel they need to argue their asylum claims, but from resources like food, shelter and medical care that are abundant on the U.S. side, but near-nonexistent in Mexico.

“You have all this infrastructure to help feed and clothe and house people set up on this side, in Laredo and Del Rio and Eagle Pass, and then suddenly the administration changes the policy, and you have to send it all to Mexico, because now everyone is on the other side,” said Denise LaRock, a Catholic Sister who helps distribute donations to asylum seekers through the nonprofit Interfaith Welcome Coalition. Mexico has been unable to provide enough safe shelter and other resources to migrants.

In Matamoros, another large recipient of asylum seekers under the program across the border from Brownsville, Texas, a tent city of more than 3,000 people has sprung up. Migrants there have complained of overcrowding, unsanitary conditions and insufficient medical treatment. In November, a migrant from El Salvador was murdered in Tijuana, opposite San Diego, while waiting with his wife and two children for an asylum hearing under the Remain in Mexico program.

On a recent, briskly-cold Wednesday, Mr. Ortíz, dressed in a ski vest and a baseball cap with the logo of the U.S. Chaplain International Association, picked up six migrants, including two children aged 8 and 14, at the immigration office in Nuevo Laredo. All were from El Salvador, Guatemala or Honduras, and were returning from legal appointments in the U.S. Hearings take place in makeshift courts set up in tents in Laredo, just across the bridge over the Rio Grande that separates the two cities.

At the front door of the office, six young men sat idly around a motorcycle, hats pulled low over their heads, watching the scene unfold, periodically walking up to the church van and peering in. Mr. Ortíz said these men were “hawks” or lookouts for criminal gangs.

“They know who I am, I know who they are,” he said. “You have to know everyone to do this work. The cartels respect the church. I’ve driven all around Nuevo Laredo in this van, full of migrants, and they never mess with me.”

At one point two of the lookouts asked the pastor for some food. He gave them two boxes of sandwich cookies. They clapped him on the shoulder, eating the treats as they walked back to their observation post.

Mr. Ortíz, a native of central Mexico, came to the U.S. at age 15 and eventually built a small contracting business in Texas. He became an ordained Baptist minister about a decade ago and three years ago began ministering to migrants full time. This year, he converted several rooms of his home in Laredo, Texas, into a dormitory for migrants and built men’s and women’s showers in his backyard.

After picking up the migrants, Mr. Ortíz ferried the group to an unmarked safe house with a chain-locked door on a busy street in the center of Nuevo Laredo, Mexico.

Inside, about 90 migrant families crowded into rows of cots set up in a handful of bedrooms and a concrete back patio. Among the Central Americans are also migrants from Peru, Congo, Haiti, Angola and Venezuela.

Reports of migrant kidnappings have increased since the Remain in Mexico program began, Mr. Ortíz said. In September, armed men stormed the safe house—one of two that the pastor brings migrants to—and detained the shelter’s staff for about an hour.

Since then, Mr. Ortíz said, the volunteer staff has stopped allowing migrants to leave the house unaccompanied, even to buy milk for young children at a nearby store.

Rosa Asencio, a schoolteacher fleeing criminal gangs in El Salvador and traveling with her two children ages 4 and 7, was returned to Nuevo Laredo under Remain in Mexico. She says she hasn’t been outside the shelter for nearly three weeks. “They can kidnap you anywhere,” she said.

María Mazariegos, an Honduran housekeeper, said she was kidnapped along with her 12-year-old daughter Alexandra from the bus station in Nuevo Laredo in September.

Gang members held her in a windowless cinder-block room that bore signs of torture for three days with one meal of tortillas and beans. She was released after her family members in the U.S. convinced her captors that they didn’t have the money to pay a ransom.

Then, two weeks later, while she was returning from a court appointment in the U.S., a shelter staff member confirmed, another group tried to kidnap her. An escort from the shelter was able to talk the kidnappers out of it.

She has court hearing under Remain in Mexico rules on Jan. 22, where a judge is expected to decide on her asylum case. If she is rejected, she plans to move to the Mexican city of Saltillo, where she has heard there are more jobs and less violence.

“Just about anywhere is better than here,” Ms. Mazariegos added.

Write to Robbie Whelan at robbie.whelan@wsj.com

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

These two quotes really tell you all you need know about this grotesquely immoral and illegal “Let ‘Em Die In Mexico Program” (sometimes totally disingenuously referred to as the “Migrant Protection Protocols”) and the sleazy U.S. Government officials responsible for it:

There have been 636 reported cases of kidnapping, rape, torture and other violent crimes against migrants returned to Mexico under Remain in Mexico, according to Human Rights First, which interviews victims in border cities and advocates for migrants’ due process rights. At least 138 of these incidents involved kidnappings of children.

. . . .

On a recent visit to the border, acting Department of Homeland Security Secretary Chad Wolf said the program has been a “game-changer” for U.S. Customs and Border Protection officers because it has freed them from having to perform humanitarian duties.

Let’s not forget that the Immigration “Court” system that has life or death power over these asylum claims has been twisted and “gamed” against legitimate asylum seekers, particularly women and children with brown skins, by the White Nationalist politicos who unconstitutionally control it. All this while the Article III appellate courts look the other way and “swallow the whistle” on protecting the legal and constitutional rights of the most vulnerable among us.

Let’s see, essentially: “It’s great program because it allows us to evade our humanitarian duties under humanitarian laws and concentrate on faux law enforcement directed against individuals who are not legitimate targets of law enforcement.” Doesn’t say much for the legal and moral authority of the Article III, life-tenured judges who think this is acceptable for our country.

Obviously, this has less to do with the law, which is clearly against what the “regime” is doing, or legitimate law enforcement, which has little to do with the vast majority of legal asylum seekers, and lots to do with vulnerable, brown-skinned individuals desperately seeking justice being “out of sight, out of mind” to the exalted, tone-deaf Article III Judges who are failing to do their Constitutional duties. “Going along to get along” appears to be the new mantra of far too many of the Article III appellate judges.

Assuming that our republic survives and that “Good Government” eventually returns to both the Executive and the Legislative Branches, an examination of the catastrophic failure of the Article III Judiciary to effectively stand up for the Constitutional, legal, and individual human rights of asylum seekers obviously needs reexamination and attention.

The glaring lack of legal expertise in asylum, immigration, and human rights laws as well as basic Constitutional Due Process, and the total lack of human empathy among far, far too many Article III appellate jurists is as stunning as it is disturbing! The past is the past; but, we can and should learn from it. At some point, if we are to survive as a nation of laws and humane values, we need a radically different and more courageous Article III Judiciary that puts humanity and human rights first, not last!

The “Let ‘Em Die In Mexico Program” will not go down in history as a “law enforcement success” as Wolf-man and the other Trump regime kakistocrats and their enablers and apologists claim; it eventually will take its place as one of the most disgraceful and cowardly abandonments of American values in our history. And, the role of the complicit Supreme Court Justices and Court of Appeals Judges who turned their backs on our asylum laws, our Constitution, and human decency will also be spotlighted!

As I was “indexing” this article, I “scrolled through” the name and thought of my old friend the late Arthur Helton, a courageous humanitarian, lawyer, teacher, role model, and occasional litigation opponent (during my days at the “Legacy INS”). Arthur, who literally gave his life for others and his steadfastly humane view of the law, was a believer in the “fundamental justice” of the American judicial system. I wonder what he would think if he were alive today to see the cowardly and complicit performance of so many Article III appellate judges, all the way up to and including the Supremes, in the face of the unlawful, unconstitutional, institutionalized evil, hate, and tyranny of our current White Nationalist regime.

Due Process Forever!

PWS

12-31-19

THE KEY TO “JUDICIAL” ADVANCEMENT IN BARR’S BIASED, NATIVIST POLITICAL REGIME: DENY ALL ASYLUM CASES — Regime Flaunts “Generous” Standard Established By Supremes In Cardoza-Fonseca, Mocks Due Process — A “Kakistocracy In Action!”

Bryan Johnson
Bryan Johnson, Esquire
Immigraton Attorney
New York, NY

https://amjolaw.com/2019/12/24/immigration-judges-asylum-grants-denials-in-fy-2018-2019/

Immigration Judges Asylum Grants & Denials in FY 2018-2019

by Bryan Johnson on December 24, 2019

After over 7 months, EOIR finally provided the Immigration Judges’ asylum grants and denials for FY 2018 and FY 2019, respectively.

To see the same statistics from FY 2014 to FY 2017, see this previous post. (which took less than 1 month for responsive records)

Of note is the asylum grants and denials for the 6 Immigration Judges who AG William Barr hand-picked for the Board of Immigration Appeals in 2019:

2 of the 6 new BIA members–Hunsucker and Cassidy–denied all their asylum cases in FY 2019.

All 6 of the new BIA members had asylum grant rates of below 10% in FY 2019.

Judge Gorman and Goodwin’s asylum grant rates dropped precipitously in FY 2019–from 14% to 3% and 9% to 3 %, respectively.

Immigration :

FY 2018: 210 asylum denials. 3 asylum grants. Grant rate: 1.4%

FY 2019: 166 asylum denials. 9 asylum grants. Grant rate: 5%

Immigration Judge Earle Wilson:

FY 2018: 226 asylum denials. 9 asylum grants. 3.8% grant rate.

FY 2019: 110 denials. 3 asylum grants. 2.6 % grant rate.

Immigration Judge William Cassidy:

FY 2018: 24 asylum denials. 1 asylum grant. 4% grant rate.

Bryan Johnson
Bryan Johnson, Esquire
Immigraton Attorney
New York, NY

FY 2019: 40 asylum denials. 0 asylum grants. 0% grant rate.

Immigration Judge Keith Hunsucker:

FY 2018: 19 asylum denials. 0 asylum grants. 0% grant rate.

FY 2019: 35 asylum denials. 0 asylum grants. 0% grant rate.

Immigration Judge Stephanie Gorman:

FY 2018: 174 asylum denials. 30 asylum grants. 14.7% grant rate.

FY 2019: 281 asylum denials. 11 asylum grants. 3.76% grant rate.

Immigration:

FY 2018: 302 asylum denials. 33 asylum grants. 9.85 % grant rate.

FY 2019: 177 asylum denials. 6 asylum grants. 3.27% grant rate.

For reference purposes, the average grant rate for FY 2018 and FY 2019 was 33% and 29%, respectively.

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

Go to the link for complete individual Immigration Judge asylum stats. 

The idea that a “court” system is providing “fair and impartial” decisions to  asylum seekers by advancing to important appellate positions biased, obviously unqualified, anti-asylum “jurists”with grant rates that are a small fraction of the already artificially and unethically suppressed “national average” is a total fraud — a grotesque national disgrace rivaled only by the gutless Article III judges who have allowed and encouraged this to happen on their watch!

Somewhat remarkably, after three years of concerted efforts to “zero out” asylum grants, including gimmicks like illegally and unethically rewriting asylum law to screw refugees, denying the statutory and Constitutional right to counsel, using coercive and punitive detention, abusive criminal prosecutions, and family separation to coerce asylum seekers into giving up viable claims, production quotas encouraging rote asylum denials, packing the Immigration Courts with appointees from enforcement backgrounds, and stacking the BIA with anti-asylum zealots, the overall asylum grant rate is still 29%.

That suggests that under a fair and impartial judicial system asylum seekers  could and should succeed in the vast majority of cases. With no material improvements in worldwide refugee-creating conditions, and indeed a record number of refugees fleeing oppression, there is no bona fide explanation for how grant rates would go from 43% in FY 2016 to 29% in FY 2019 without any legislative changes. And, let’s be clear: the 43% in 2016 was already artificially suppressed from 56% in FY 2012. Even the 2012 rate was unrealistically low. A realistic grant rate under a properly generous application of asylum law probably would have been in the 70%-80% range.

The answer is obvious: Government fraud and misfeasance in asylum adjudication on a massive scale, motivated by a White Nationalist, racist, nativist political agenda that clearly violates both the asylum laws and our Constitution. And, this doesn’t even take into account the many asylum seekers artificially denied access to the system at all through the “Let ‘Em Die in Mexico Program,” and ludicrously illegal and fraudulent “Safe Third Country” agreements with patently unsafe and corrupt failed states. 

Yet, while it’s all happening in plain view, indeed touted by Stephen Miller and other racist officials, the Article III Courts of Appeals and the Supremes have taken a dive. They are are allowing the “Second Coming of Jim Crow” to unfold before their eyes, every day, without taking the strong, courageous judicial actions necessary to preserve Due Process and fundamental fairness and to “just say no” to the overt racism driving anti-asylum policies.

Sure, the stock market is up and we’re essentially at full employment. But, that really has little or nothing to do with justice, morality, values, and the rule of law. Eventually, the inevitable economic cycles will turn again. 

With social justice, integrity, the rule of law, and our republic in shambles, how will the Article IIIs and the other cowardly enablers justify their roles and dereliction of their duty to stand up for the rights of the most vulnerable among us? And, who will stand up for them and their rights when the anti-American forces driving Trumpism decide that these toady judges’ complicit role is no longer essential to the planned destruction of American democracy?

In INS v. Cardoza Fonseca, 480 U.S. 421, 452 (1987), Justice Blackmun, in his concurring opinion, cautioned:

“The efforts of these courts stand in stark contrast to — but, it is sad to say, alone cannot make up for — the years of seemingly purposeful blindness by the INS, which only now begins its task of developing the standard entrusted to its care.” INS v. Cardoza-Fonseca, 480 U.S. 421, 452 (1987).

Unfortunately, after years of progress under Administrations with more integrity and intellectual honesty, the interpretation and application of U.S. asylum law is now in, perhaps terminal, regression under this corrupt and intellectually dishonest White Nationalist regime and the kakistocracy it has constructed within the immigration bureaucracy, including the parody of justice and Due Process that takes place daily in the Immigration “Courts.”

Even more tragically, this time around the Supremes and the Article III Circuit Courts, far from being part of the solution and fearless defenders of the rule of law and the rights of vulnerable asylum seekers, have become a key part of the “purposeful blindness” feeding and driving the problem — in effect, “slaughtering the innocents.” By their complicity and fecklessness, they are ripping apart our system of justice and our established constitutional order. I’m sure that Justice Blackmun would be both horrified and outraged by the institutional cowardice and dereliction of duty by his black-robed, life tenured successors.

Due Process Forever; Corrupt, Complicit Federal Courts Never!

PWS

12-28-19

HOW TO RUIN A COURT SYSTEM: SOME OF THE “BEST & BRIGHTEST” IMMIGRATION JUDGES QUIT IN PROTEST OVER REGIME’S BIASED POLICIES AND “WEAPONIZATION” OF IMMIGRATION COURTS INTO DHS ENFORCEMENT TOOL BY DOJ POLITICOS!

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

https://www.cnn.com/2019/12/27/politics/immigration-judges-resign/index.html

 

Priscilla Alverez reports for CNN:

 

Immigration judges quit in response to administration policies

 

By Priscilla Alvarez, CNN

Updated 6:39 AM ET, Fri December 27, 2019

 

Washington (CNN)Lisa Dornell loved her job. For 24 years, she sat on the bench in Baltimore’s immigration court, hearing hundreds of cases of immigrants trying to stay in the United States.

“It was an honor. It was a privilege to be able to preside over so many different cases and be able to grant relief to people who needed relief,” Dornell told CNN in an interview.

But she walked away from that job in April — a decision that still invokes a wave of emotion when she recalls it. “The toxic environment made it both harder and easier to leave,” Dornell said.

Over the past year, in the heat of a border migration crisis, 45 judges have left, moved into new roles in the immigration court system — which is run by the Justice Department — or passed away, according to the department. That’s nearly double the number who departed their posts in fiscal years 2018 and 2017, when 24 and 21 judges left, respectively, according to data provided by the judges union.

The reasons why individual judges have moved on from their posts on the bench vary, but in interviews with judges who left in recent months, one theme ties them all together: frustration over a mounting number of policy changes that, they argue, chipped away at their authority.

Their departures come as the Justice Department faces a backlog that exceeds 1 million cases. The bogged-down system has led to immigration cases being pushed out years in the future, leaving many immigrants residing in the US unsure if they’ll be allowed to stay or be ordered removed.

Immigration judges accuse Justice Department of unfair labor practices

President Donald Trump has repeatedly criticized the nation’s immigration system, specifically taking issue with the practice of releasing immigrants while they await their court dates. To remedy that, the administration has sought to hire more immigration judges. Most recently, the immigration judge corps hit a record high, though the Justice Department still has to contend with judges leaving over policy disagreements.

In a statement to CNN, the Justice Department’s Executive Office for Immigration Review spokeswoman, Kathryn Mattingly, said the agency “continually plans for attrition, and both improvements to the hiring process and a policy of ‘no dark courtrooms’ help minimize the operational impact of (immigration judge) separations and retirements.”

The agency doesn’t track individual reasons for retirements or departures, Mattingly said.

Immigration judges — employees of the Justice Department — are charged with following the policies set by each administration.

“The nature of the job ebbed and flowed as administrations changed,” Dornell recalled. “It was always tolerable. We all work with a realization that it’s the prerogative of the administration to implement policies as they see fit.”

The Trump administration was no exception. Trump’s first attorney general, Jeff Sessions, implemented a series of changes to the immigration court system that have continued under his successor, William Barr.

The Justice Department has imposed case quotas, given more power to the director charged with overseeing the courts, reversed rulings, curtailed judges’ ability to exercise discretion in some cases and moved to decertify the union of immigration judges.

Over time, those actions prompted immigration judges, some of whom were retirement eligible and had decades of experience, to leave the department despite initial plans to stay longer.

“I felt then and I feel now that this administration is doing everything in its power to completely destroy the immigration court system, the board of immigration appeal and the immigration system in general,” said Ilyce Shugall, who served as an immigration judge in San Francisco from 2017 until March of this year. “And I just couldn’t be a part of that.”

‘It started to wear on me’

Over his nearly two-year tenure as attorney general, Sessions transformed the courts by flexing his authority to overrule decisions, hire more immigration judges and set a case quota for judges.

One of Sessions’ addresses to the workforce, in particular, resonated with judges. In a June 2018 speech in Washington, Sessions denounced the system, which he believed was encouraging migrants to make baseless asylum claims, and reminded judges of their role in cracking down on those claims.

“You have an obligation to decide cases efficiently and to keep our federal laws functioning effectively, fairly and consistently,” Sessions said. Later that day, he issued a ruling that removed asylum protections for victims of domestic violence and gang violence.

“To be honest with you, in that meeting room, there were a number of judges that cheered and clapped when he announced it,” said former immigration judge Rebecca Jamil, referring to the ruling that would follow his address. “It was grotesque to me.”

Jamil, who had been based in the San Francisco immigration court, had a docket that included migrants who had fled their home countries, claiming they were victims of domestic violence. Sessions’ decision took direct aim at those cases.

Another judge in attendance at Sessions’ speech, Denise Slavin, recalled jaws dropping. Slavin had become a judge in 1995, serving in Florida before finishing her tenure in Baltimore in April of this year.

Sessions’ address and follow-up ruling was among a series of policy changes that began to wear on judges.

“When you’ve been around that many administrations, you learn to adapt. You see a lot of different things. Nothing like this,” said James Fujimoto, a former Chicago immigration judge who started on the bench in 1990 and also retired in April.

In particular, the administration began rolling out changes that dictated the way judges were expected to proceed with cases, thereby tightening control of the immigration courts. For example, the Justice Department said it would evaluate immigration judges on how many cases they close and how fast they hear cases.

Earlier this year, the Justice Department also issued a new rule that gives more power to the director of the Executive Office for Immigration Review. It allows the Justice Department-appointed director — currently James McHenry — to step in and issue a ruling if appeals are not completed within a certain time frame.

“It started to wear at me,” said Jennie Giambastiani, a former Chicago immigration judge who joined the bench in 2002 and left this year. “The great number of cases coming in and the way it was expected we handle them.”

Judge Ashley Tabaddor, president of the National Association of Immigration Judges, told CNN that for the majority of people leaving their roles it’s a result of the “hostility and insulting working conditions.”

Tabaddor noted that there’s been a pattern of new judges either leaving to return to their old jobs or taking other jobs within the government.

“This is not what they signed up for,” Tabaddor said, referring to policies designed to dictate how judges should handle their dockets.

Judges who have since left the department expressed similar concern over those policies. Dornell called the situation “intolerable.”

Shugall recalled the challenges she had faced in trying to move forward with cases in a way she thought was appropriate. “I felt like as more and more policies were coming down, it was making it harder and harder to effectively hear cases in the way that I felt was appropriate and in compliance with the statute regulations and Constitution,” Shugall said.

At an event earlier this year, McHenry rejected criticism that judges are vulnerable to pressures from the attorney general.

“Most judges that we’re familiar with, and I don’t think that immigration judges are any exception, when they’re on the bench, they know what their role is as a judge,” he said. “We’ve had no allegations of anyone reaching down to specific judges telling them, ‘You have to rule this way; you have to rule that way.’ ”

 

Justice Department hires new judges

Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. The majority come from government backgrounds.

It’s not unusual for administrations to hire people who’ve worked in government, but under the Trump administration, Booz Allen Hamilton, at the direction of the Justice Department’s Executive Office for Immigration Review, issued a report recommending that the agency diversify the experience of immigration judges.

The Justice Department’s hiring practices have been criticized by House Democrats, who say whistleblowers have previously raised concerns about political discrimination in the hiring of immigration judges. The department has denied that political ideology has been a factor.

The direction of the nation’s immigration courts is also a source of concern among immigrant advocate groups. This month, groups filed a wide-ranging lawsuit, alleging that the Trump administration has manipulated the immigration court system to serve an “anti immigrant agenda.”

It remains to be seen what changes, if any, are in store for the court system, but some of those who have already left their posts as judges carry guilt for departing, concerned about who may fill their jobs.

“The biggest thing I contended with is who is going to replace me,” Jamil said. “I knew I was a fair judge.”

 

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

I’m proud to say that all of the quoted former Immigration Judges are members of our Round Table of Former Immigration Judges, committed to preserving and advancing Due Process and judicial independence.

 

Apparently, EOIR headquarters and DOJ bureaucrats now refer to Immigration Judge decisions as “policy decisions,” thereby dropping any pretense that they are fair and impartial quasi-judicial adjudications under the law.

 

As for the ludicrous claim that this is anything approaching a legitimate independent judiciary, as one of my Round Table colleagues succinctly put it: “The political arm of DOJ’s assertion that IJs are treated independently is so much BS.”

 

Yup! Congratulations and many thanks to Judge Dornell and the others who spoke out in this article!

So, Immigration Judges, who lack the life tenure and protections of independence given to Article III Judges, put their careers and livelihoods on the line for Due Process and the rule of law, and, frankly, to save vulnerable lives that deserve saving. Meanwhile, the majority of Supreme Court Justices and far too many Article III Courts of Appeals Judges just bury their judicial heads in the sand and pretend like the outrages against Due Process, fundamental fairness, and the rule of law aren’t really happening in Immigration Court and that human lives aren’t being ruined or lost by their derelictions of duty. Has to make you wonder about their ethics, courage, and commitment to their oaths of office, as well as what the purpose of life tenure is if all it produces is complicity in the face of tyranny that threatens to destroy our Constitution and bring down our republic.

The Article IIIs are providing some rather sad examples and bad role models for today’s aspiring lawyers.

PWS

12-27-19