🗽 THE HUMANITY, DECENCY, HOPE, & PATIENCE OF THOSE SEEKING LEGAL REFUGE @ OUR BORDER CONTRASTS WITH THE BIPARTISAN LIES, MYTHS, & BIAS DRIVING OUR HORRIBLE POLITICAL “DIALOGUE” — “U.S. politicians treat migrants as dangerous, flat, or faceless, and claim enforcement is the only solution to the ‘crisis.’ A shelter in Nogales offers a different perspective.” — Todd Miller @ The Border Chronicle Reports From South Of The Border!

 

Todd Miller
Todd Miller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

https://open.substack.com/pub/theborderchronicle/p/the-garden-at-the-migrant-shelter?r=1se78m&utm_medium=ios

Todd writes:

When we entered the garden, Tomás’s face relaxed. We were at the Casa de la Misericordia de Todas las Naciones in Nogales, Sonora, Mexico, where he had resided for six months with his wife, Cristina, and three children. Before we entered the garden, Cristina and Tomás told me that a criminal group had abducted their 20-year-old son, Carlos, in the small rural community where they lived in the mountains of the Mexican state of Guerrero. Carlos returned to the family, but they knew he was under threat, that the whole family was in danger. As we spoke under the shade of a large tree, children raced around and played on a swing set in front of a yellow building that housed primarily mothers with young children. About 120 people, including entire families, were staying at this shelter, which was designed for people seeking asylum. Cristina did most of the talking, but at the end Tomás asked me if I wanted to see the garden. Cristina had to return to the kitchen, which was her responsibility this week. For his part, Tomás had been the encargado of the garden, in charge of it, he told me, since they arrived.

He showed me the radishes, the calabazas, the zanahoria. He showed me what remained of the tomatoes and chiles that got blasted by the cold. He showed me the lombrices, earthworms burrowing in the composting soil topped with banana peels. As he showed me all the plants, Tomás talked about how much he loved farming, how much he loved planting seeds, how much he liked caring for these plants and watching them grow. In Guerrero he had tended his milpa (small parcel of land) of squash, beans, and corn every day. As he spoke, I tried to envision his rural mountain community; over the years I have met many campesinos, small farmers, across southern Mexico, in his state of Guerrero, in Oaxaca, in Chiapas. Having knelt in the soil of the milpas before, I understood how this small garden in Nogales was like a sanctuary, especially in the face of a scary situation, as Cristina and Tomás had told me, away from home, away from your roots, your child’s life in danger, wondering if you would get asylum. When they arrived six months earlier, they applied for asylum on the glitchy, confusing, and difficult-to-use CBP One app with the help of staff at the Casa, a service they offer to all people staying in the shelter. Tomás told me that when things got stressful, “I come here to the garden. And the stress goes away.” He made a motion with his hand. His hand then touched the soil, searching for the plants. He looked up, and his face was serene.

From where we talked in the garden, we had a sweeping view of Nogales. The Casa is perched on a hill above a working-class neighborhood called Bella Vista, where the bustle often starts in the early morning as maquila workers head to the factories. For line workers making Samsonite suitcases, General Electric lightbulbs, or Masterlocks, the wages are a pittance—giving Nogales a feel of a city in constant strain and struggle.

Also, from the Casa you can look north toward the border with Arizona. Last Thursday, President Joe Biden and Donald Trump came to the border in “dueling visits,” but in faraway Brownsville and Eagle Pass, Texas. People like Tomás and Cristina and family were in the news again, not as their full human selves but as flat numbers and statistics. The “narrative of overwhelm,” as Erika Pinheiro put to The Border Chronicle in an audio interview, was full steam ahead. Alarmist rhetoric filled the airwaves, including the omnipresent “record numbers” of people crossing in every report. In Brownsville, in a proposal that might have seemed like fiction if we went back in time to the 2020 campaign, Biden challenged Trump to “show a little spine” and help him tighten the border by supporting the enforcement-heavy border bill shot down by the Senate in early February. For Trump’s part, he referred to people crossing the border as the “Joe Biden invasion”and as a “vicious violation to our country.” At this point in a heating-up U.S. presidential campaign, the age-old depiction of migrants as either dangerous or a mass of faceless numbers arriving to the benevolent U.S. doorstep was in full effect. More enforcement, both sides were clearly stating, was the solution.

Tomás knelt down to the soil. He showed me the garlic and onions he had planted as an experiment. “Do you want to try a radish?” he asked me in Spanish. “Yes,” I said, “please.” He plucked a radish out of the soil. I wiped off the soil and took a bite. I don’t know if it was because I was hungry (I was), or if it was the force of the stories Tomás and Cristina had shared (probably that too), or just watching Tomás work the soil, tenderly touch the plants, his face soft and concentrated, the perils of asylum-seeker limbo temporarily forgotten, that I knew that this type of care would render something delicious. The radish was so succulent that I finished it too quickly, but I was too bashful to ask for another, even though I wanted one. We could still hear the voices of playing kids coming up from below; there were people from all over Mexico, from Central America, from Peru, Colombia, and from across the world like China, Iran, and Senegal. Before talking with Tomás and Cristina, I visited the tortillería, where three young men worked making tortillas. I visited a workshop where people made weavings and other art projects. 

I visited a gigantic bread oven—where people from different countries baked bread in their own traditions, and I visited the kitchen and dining room where banners celebrating the Chinese New Year hung from the walls. One new year celebratory sign read in English, “Be patient, Be light, Be love, Be you!” Another read in Spanish, “La amabilidad es la llave de todas las fortunas” (Friendliness is the key to all fortune). 

The shelter is run by its director, Alma Angélica Macías, but the effort was a community one, and a binational one. I was there with a small group of people from the Good Shepherd UCC church in Arizona who bring food to the Casa every Thursday. And given that the shelter allows people to stay as long as the asylum process takes, the Casa had a feel of a multinational hub where people of different nationalities had formed deep bonds, and as I stood there with Tomás, I was moved by this beautiful, alternative view of the border that rarely sees the light of day in the media.

Right as I was about to leave the garden, Tomás’s 20-year-old son came to ask him a question. Tomás introduced me to Carlos, and as I looked into his young face, I remembered the threats to his life that had led them there. As I stood waiting, they talked among themselves, and I thought again about the presidential race, the constant push for more border enforcement, the rightward drift of that debate, the talk that the U.S. government was going to clamp down even harder on asylum seekers—all while watching the father and son talk in calm, sweet tones in that lovely garden. When they were finished, there was a pause. One last moment to take in the garden and the sweeping view around us. I used the pause to thank Tomás for showing me the garden, for showing me his gift with the land. I didn’t know what to say except that I thought it was beautiful and that I felt inspired. And then—after a quick, tender, and vulnerable look to young Carlos, who was still by his side—Tomás told me, as if he didn’t want to have to say it, “I hope they give us asylum.”

*For the story, I altered the names of the family from Guerrero at the request of the shelter.

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

Click the above link for the original article with Todd’s wonderful border photography!

As I often say, we can diminish ourselves as a nation, (as both Trump and Biden are doing with their “misleading dehumanizing rhetoric” and spineless “scapegoating”), but it won’t stop human migration. Dehumanization and victimization in the end highlight the humanity of the victims while diminishing the dehumanizers.

Notably, this family has spent months trying “to do things the right way” by scheduling an appointment through the woefully inadequate “CBP One App” and appointment system. Yet, it appears that they have not even been given the interview to which they are entitled by law, nor have they been given a date for the fair merits adjudication they deserve! 

The immense backlogs that everyone complains about (and which actually hurt legitimate asylum seekers like Tomás and his family) are largely self-created by years of USG over-investment in ridiculously expensive and ultimately ineffective enforcement accompanied by grotesque “under-investment” in timely, professional, and humane screening and adjudication of claims. 

Both Biden and Trump know or should know that “the app” and the system it engenders are hopelessly defective. Yet, rather than moving to fix it (Biden) or urging supporters to invest in fixing it (Trump), both candidates shamelessly dump on the victims of their joint misfeasance and urge “further punishment” of those victims, apparently to “CTAs” for their own legal and moral failures. 

Such is the “bogus border debate” — actually not a “debate” but rather a “one-sided nationalistic lie-fest” highlighted by obscene finger-pointing and journalistic malpractice on a catastrophic scale. All this happens with human lives and the very future of our democratic republic hanging in the balance!

Eventually, the judgement history on this disingenuous “bipartisan exercise in neofascism” will fall on the shameless politicos, the complicit media, and those who fail to call them out for their lies and misdeeds. Whether that judgement will come in time to save Tomás, Cristina, Carlos, and others like them seeking only justice and humanity from our nation is a different question. Like Tomás, one can only hope! 

🇺🇸 Due Process Forever!

PWS

03-08-24

🤐 BUSTED! — EOIR SQUELCHES IJS’ UNION — Administration Moves To Silence Outspoken, Uncensored Critic Of Dysfunctional Court System! — NEWS COMES ON HEELS OF BLOCKBUSTER REPORT ON SYSTEMIC RACISM, BIAS, AND HORRIBLY FLAWED JUSTICE AT EOIR!🤯

Censorship
“AG Garland & EOIR Executives holding a strategy session.”
“CENSORSHIP” “PUBLIC SENTIMENT” “NATIONAL CENSOR” “LOCAL CENSOR” “STATE CENSOR” art by Holmet – Motion Picture Magazine (Feb-May 1916) (IA motionpicturemag111moti) (page 151 crop).jpg
Public Domain

Elliot Spagat reports for AP:

https://apnews.com/article/immigration-courts-judges-union-backlog-751f55a0ae60af5c04d6c0ca420d36ae

SAN DIEGO (AP) — A 53-year-old union of immigration judges has been ordered to get supervisor approval to speak publicly to anyone outside the Justice Department, potentially quieting a frequent critic of heavily backlogged immigration courts in an election year.

The National Association of Immigration Judges has spoken regularly at public forums, in interviews with reporters and with congressional staff, often to criticize how courts are run. It has advocated for more independence and free legal representation. The National Press Club invited its leaders to a news conference about “the pressures of the migrant crisis on the federal immigration court system.”

The Feb. 15 order requires Justice Department approval “to participate in writing engagements (e.g., articles; blogs) and speaking engagements (e.g., speeches; panel discussions; interviews).” Sheila McNulty, the chief immigration judge, referred to a 2020 decision by the Federal Labor Relations Authority to strip the union of collective bargaining power and said its earlier rights were “not valid at present.”

The order prohibits speaking to Congress, news media and professional forums without approval, said Matt Biggs, president of the International Federation of Professional & Technical Engineers, an umbrella organization that includes the judges’ union. He said the order contradicted President Joe Biden’s “union-friendly” position and vowed to fight it.

“It’s outrageous, it’s un-American,” said Biggs. “Why are they trying to silence these judges?”

. . . .

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

Read the complete article at the above link.

Ukase
Ukase
Public Domain

Courtesy of my friend Dan Kowalski over at LexisNexis, here’s the text of what is being called the “McNulty Ukase:”

From: Chief Immigration Judge, OCIJ (EOIR)
Sent: Thursday, February 15, 2024 11:53 AM
To: Tsankov, Mimi (EOIR) ; Cole, Samuel B. (EOIR)
Cc: Weiss, Daniel H (EOIR) ; Luis, Lisa (EOIR) ; Young, Elizabeth L. (EOIR) ; Anderson, Jill (EOIR) <

Subject: Public Engagements and Speaking Requests

 

Dear Judges Cole and Tsankov:

 

From recent awareness of your public engagements, I understand you are of the impression that your positions in the group known as the National Association of Immigration Judges (NAIJ) permit you to participate in writing engagements (e.g., articles; blogs) and speaking engagements (e.g., speeches; panel discussions; interviews) without supervisory approval and any Speaking Engagement Team review your supervisor believes necessary. The agency understands this is a point of contention for you, but any bargaining agreement related to that point that may have existed previously is not valid at present. Please consider this email formal notice that you are subject to the same policies as every EOIR employee. To ensure consistency of application of agency policies—and prevent confusion among our staff—please review the SET policy and work with your supervisor to ensure your compliance with it, effective immediately.

 

Thank you,

 

Sheila McNulty

Chief Immigration Judge

Executive Office for Immigration Review • Department of Justice

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

It’s perhaps no surprise. EOIR is a badly failing agency with an incredible ever-growing backlog of over 3 million cases, no plan for reducing it, antiquated procedures, a disturbing number of questionably-qualified judges (many holdovers from the Trump era), grotesque decisional inconsistencies, poor leadership, a tragic record of ignoring experts’ recommendations for improvements, and that produces a steady stream of sloppy, poorly-reasoned, or clearly erroneous decisions on the “nuts and bolts” of asylum and immigration law that are regularly “roasted” by Circuit Judges across the political spectrum. 

In this context, their desire to strangle criticism from those actually trying to provide justice and due process, against the odds — the sitting Immigration Judges who see the management and systemic problems on a daily basis — is perhaps understandable, if not defensible.

At least where immigration is involved, the Biden Administration’s rhetoric and promises on being “labor friendly” and supportive of Federal workers is unfortunately reminiscent of its pledge to treat asylum seekers and immigrants fairly and humanely and to distance themselves from the racially-driven xenophobic policies of the Trump Administration.

While the NAIJ may be “gagged,” the fight about working conditions and the unrelenting dysfunction at EOIR is far from over!

Sources close to the NAIJ’s parent union, the IFPTE, tell me that the “campaign to call out this atrocity” is “just getting started.”

In statement issued yesterday, IFPTE President Matt Biggs expressed outrage and raised the possibility that the Administration could face tough Congressional questioning on the gag order, which also applies to communications with legislators and legislative staff:

“Just because a highly partisan decision by the FLRA’s board, that is likely to be reversed, limited NAIJ’s ability to collectively bargain, doesn’t mean that NAIJ and its national union IFPTE can’t meet and confer with the DOJ, provide legal services to our members, have officers serve on professional committees, speak to the media, offer training and other services a union provides,” says Biggs. “In fact, for the past four years, NAIJ, with assistance from IFPTE, has provided all of that. We give judges a voice. Judge Tsankov regularly speaks to reporters and recently testified before Congress.  This is an attempt to limit what the press and public know by placing a gag over the mouths of the judges on the front lines. The only thing that has changed in the past four years is an overreach by a federal bureaucrat.”

NAIJ has repeatedly sounded the alarm on the size of the backlog, the need for translators, raised courtroom security concerns and other issues related to immigration adjudication. It has been a strong advocate for judicial independence and questioned why the immigration courts are attached to the Department of Justice, rather than being placed in an independent agency. The National Press Club recently invited both Tsankov and Cole to speak at a news conference on “the pressures of the migrant crisis on the federal immigration court system.”

“We believe that this order and un-American, anti-union act of censorship by McNulty will lead to Congressional hearings,” said Biggs. “Until this matter is resolved, the judges’ national union, IFPTE, will act as the voice for the immigration judges. McNulty may try, but the nation’s immigration judges won’t be silenced.”

As noted by Biggs, over the years, NAIJ leadership has frequently been asked to testify before Congress and meet with staff as an independent counterpoint to the “party line, everything is under control” nonsense that has become a staple of DOJ politicos and EOIR bureaucrats in administrations of both parties in dealing with the Hill as the backlog continued to explode in plain view!

Although the Biden Administration has curiously shown little hesitation in throwing asylum seekers, human rights, and advocates who were a key support group in 2020 “under the bus” in an ill-advised attempt to “out-Trump-Trump” on stupidity and inhumanity at the border, the IFPTE could be a different animal. Representing more than 80,000 government professionals, the union endorsed  Biden/Harris in 2020.

With a hotly-contested, close election underway, Biden can ill-afford to alienate more key support groups, particularly among organized labor.  Why the “geniuses” in the White House and the Biden/Harris Campaign think that going to war with your base is a great, “winning” strategy, is beyond me! Even Donald Trump recognizes the benefit of energizing behind him a loyal and committed (although horribly misguided) “base!”

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

Tellingly, and illustrating this issue’s cosmic importance, the Ohio Immigrant Alliance just released its blockbuster report documenting systemic racism at EOIR entitled “The System Works As Designed: Immigration Law, Courts, & Consequences” —

https://illusionofjustice.org/read/lawcourtsandconsequences

Here’s the Executive Summary:

Executive Summary

This report is based on the experiences of immigrants, lawyers, and immigration court observers, as well as external research. “The System Works as Designed” reveals how U.S. immigration laws, and the courts themselves, were planted on a foundation of white supremacy, power imbalance, and coercive control. For those reasons, they fail to protect human dignity and lives on a daily basis.

While the operations of the immigration courts have frequently been ignored, their outcomes could not be more consequential to immigrants and their loved ones. This report lifts the curtain.

Racism in Immigration Law and Policies

It is clear from the congressional record, and laws themselves, that the Chinese Exclusion Act, Undesirable Aliens Act, Immigration and Nationality Acts of 1924 and 1952, and other laws played on racial and ethnic stereotypes to limit mobility and long-term settlement of non-white immigrants.

The Immigration and Nationality Act of 1965 attempted to address some imbalances, but the Illegal Immigration Reform and Immigrant Responsibility Act basically broke the already contradictory set of laws, making them a landmine for immigrants attempting to seek safety or build new lives here. The REAL ID Act and other post-9/11 laws and policies tightened the vise.

Policy choices made by presidents from every modern administration have attempted to coerce, repress, and reject migration, a basic human survival act, instead of building safe paths people can use.

Death Penalty Consequences, Traffic Court Rules

The U.S. immigration courts were designed to offer the illusion of justice, while failing the people they purport to protect. Dysfunctional elements include:

A quasi-judicial structure that answers to the U.S. Attorney General in the Executive Branch and is not an independent judiciary; is blatantly influenced by ideology; and promotes quantity over quality decision making.

Power imbalances, such as the fact that the government is represented by attorneys 100% of the time, while immigrants often argue their cases without a legal guide. Detained immigrants are forced to “attend” their hearings via grainy video feed, while judges and counsel are together in courtrooms miles away. Yet immigration judges frequently deny requests for expert witnesses to appear remotely, citing challenges with communication and credibility. The deck is stacked.

4

Also, by detaining someone in jail for the duration of their civil immigration case, the government makes it harder for them to get a lawyer to help. The government is also using the psychological, financial, and physical toll of detention to try to break someone’s spirits and get them to give up.

Subjective “credibility determinations,” rife for bias and abuse. A case can be denied based on a judge’s feeling about the immigrant’s testimony, not facts. This is the barn door through which all manner of ignorance, bias, and ideology storm in.

Legal landmines make it harder for people who qualify for asylum to receive it, such as the one-year filing deadline; illogical definition of material support to terrorism; and the Biden asylum ban.

Differing standards of accuracy. Immigrants may be furnished interpreters who speak the wrong dialect. Judges and DHS attorneys may make inaccurate statements about an individual’s evidence or the political conditions of their country. The hearing transcripts can be riddled with gaps instead of key facts. Yet life-altering decisions are made based on this record, and an immigrant has little to no opportunity to object, correct, or explain.

Consider the experience of M.D. a Black Mauritanian man seeking asylum in the U.S. after the late 1980s/early 1990s genocide. An immigration judge questioned his credibility because M.D. did not provide “evidence” that he is Black and Fulani, a persecuted group in Mauritania. M.D. addressed the court, speaking in Fulani, and said, “I am the evidence. I speak Fulani and I am Black.”

The English transcript of M.D.’s hearing is riddled with “(unintelligible)” in place of the names of relatives and locations where important events, such as the murder of his father, took place. There was an interpreter in the room who could have spelled the words out to make the record more accurate and credible. Instead, the record shows big holes in place of material facts, while M.D. was accused of not providing “proof” that he is Black, deemed not credible, denied asylum.

In another case, a Black man seeking asylum was found “not credible” because his interpreter first used the word “canoe” when describing his method of escape, and later said “little boat.” But in his language and, one can argue, in common English, they are the same thing.

Situations like these, memorialized in the case record, are carried into the appeals process where rehearings typically do not take place, compounding the injustices of these mistakes.

Many of the report’s observations echo some aspects my own writings and public speeches over the years since I retired from the bench in June 2016. For example, here’s my speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW“ from from an FBA Conference in Austin, Texas in May 2019: 

https://immigrationcourtside.com/wp-content/uploads/2019/05/FBA-Austin-Central-America-—-Intro.docx

While I was speaking during the Trump Administration, sadly, many of my observations remain equally true today, as the Biden Administration and AG Garland have quite inexcusably failed to rise to the occasion by instituting long-overdue due process and quality control reforms at EOIR. Yet, I am struck by how even then, as today, I found reasons to continue to be proud of the accomplishments of the “New Due Process Army” (“NDPA”) and to urge others to continue to  believe that the “light of due process will eventually be relit” at EOIR and that history will deal harshly with the xenophobic urges and anti-asylum attitudes that too often drive policy in administrations of both parties:

Today, the Immigration Courts have become an openly hostile environment for asylum seekers and their representatives. Sadly, the Article III Courts aren’t much better, having largely “swallowed the whistle” on a system that every day blatantly mocks due process, the rule of law, and fair and unbiased treatment of asylum seekers. Many Article IIIs continue to “defer” to decisions produced not by “expert tribunals,” but by a fraudulent court system that has replaced due process with expediency and enforcement.

But, all is not lost. Even in this toxic environment, there are pockets of judges at both the administrative and Article III level who still care about their oaths of office and are continuing to grant asylum to battered women and other refugees from the Northern Triangle. Indeed, I have been told that more than 60 gender-based cases from Northern Triangle countries have been  granted by Immigration Judges across the country even after Sessions’s blatant attempt to snuff out protection for battered women in Matter of A-B-. Along with dependent family members, that means hundreds of human lives of refugees saved, even in the current age.

Also significantly, by continuing to insist that asylum seekers from the Northern Triangle be treated fairly in accordance with due process and the applicable laws, we are making a record of the current legal and constitutional travesty for future generations. We are building a case for an independent Article I Immigration Court, for resisting nativist calls for further legislative restrictions on the rights of asylum seekers, and for eventually holding the modern day “Jim Crows” who have abused the rule of law and human values, at all levels of our system, accountable, before the “court of history” if nothing else!

Eventually, we will return to the evolving protection of asylum seekers in the pre-2014 era and eradicate the damage to our fundamental values and the rule of law being done by this Administration’s nativist, White Nationalist policies. That’s what the “New Due Process Army” is all about.

That brings me back to two of my “key takeaways” from the Ohio Immigrant Alliance Report.

First: “Withholding is a true limbo status, though better than being sent back to certain death.” Skillfully and aggressively using the system to save lives, in any way possible, is job one. A life saved is always a victory!

Second, as the report concludes:

Solutions exist, but they require policymakers and legislators to listen to the people with direct, personal experience. Ramata, cited earlier in this report, suggests quicker approval of cases found credible at the outset. Aliou wants judges to put more stock in migrants’ testimony, understanding that persecuting governments are not credible sources about their own abuse. Jennifer, one of the immigration lawyers we interviewed, suggested that Black immigrant organizations and the American Immigration Lawyers Association be involved in crafting a new direction, citing their extensive expertise with how the system works—and fails people.

Bill, another immigration lawyer interviewed for this report, suggests taking a page from the refugee resettlement program when it comes to verifying facts about a case. “Social workers and private investigators [could] interview people and research documents and try to … verify whether [they’re] telling the truth or not,” he said. Bill suggests employment counselors, ESL teachers, and others with specialized expertise could also assist in the processing of cases.

Most importantly, the asylum and immigration system must be reoriented toward prioritizing safety and resettlement, rather than deportation as the default outcome. The forthcoming report, “Behind Closed Doors: Black Migrants and the Hidden Injustices of US Immigration Courts,” will explore these and other solutions.

As I have observed many times, despite the “national BS” on asylum and immigration being traded by Trump and Biden, and the legislative gridlock, there are still plenty of readily available, non-legislative solutions out there that would dramatically improve due process, justice, and the life-saving capacity of the EOIR system. While no single one of them is a “silver bullet” that would solve all problems overnight, each is an important step in the right direction. Taken together, they would substantially improve the quality and quality of justice overall in our U.S. legal system and, perhaps, in the process, save our republic from demise. 

🇺🇸 Due Process Forever!

PWS

03-06-24

This article has been revised to include an excerpt from the IFPTE press release.

FULL DISCLOSURE: I am a proud retired member of the NAIJ.

🏴‍☠️🤮 TRUMP’S & MILLER’S “ZERO TOLERANCE POLICY” IRREPARABLY DAMAGED VULNERABLE FAMILIES & THE AMERICAN PSYCHE — We Can’t Allow Them To Do It Again!

 

Piper S. French
Piper S. French
Editor & Writer
PHOTO: Linkedin

https://apple.news/AMAcNuZxJRTmYkzleEZLNXw

Piper French reports for Intelligencer via Apple News:

Nilu Chadwick recognizes some of the children’s names right away. Chadwick, a lawyer for Kids in Need of Defense, has spent the past five years poring over lists of families separated under the Trump administration’s “zero tolerance” policy whose cases have yet to be resolved. Some of the children’s names stand out because she crossed paths with them back in 2018, when she represented them at their immigration hearings after they were torn from their parents’ side at the southern border. Those names always remind her of what she witnessed that year. The eerie silence of the children’s shelters. The kids so young that they couldn’t even explain who they were or where they came from. The hearing she had to pause in order to soothe a client with a nursery rhyme. Then there are the names that have simply grown familiar through repetition: the children whose cases appeared on the lists years ago and remain open.

The process of reunifying families separated under “zero tolerance” began in June 2018, two months after the policy was officially implemented. The ACLU had filed a class-action lawsuit on behalf of separated families, Ms. L. v. U.S. Immigration and Customs Enforcement, and during the litigation, a federal judge halted Trump’s policy and ordered its victims reunified within 30 days. Some of these reunifications were relatively straightforward. The government had records of around 2,800 separated families, and most of those parents and children were still in the U.S. — maybe they’d been sent to separate ICE facilities or the parents were in detention while their children had been placed in the custody of the Office of Refugee Resettlement. But for about 470 families, the parents had already been deported. When the Trump administration declined to track them down, Lee Gelernt, the head lawyer for the plaintiffs, stood up in court and said the ACLU would do it. A steering committee was put together comprising a team from the New York law firm Paul, Weiss and representatives from three NGOs, including Kids in Need of Defense and the organization Justice in Motion. “Little did I know what we were taking responsibility for,” Gelernt told me.

The first hurdle the committee faced was the total disorganization with which “zero tolerance” had been implemented. “There was no intention of reuniting families, and so they didn’t design the system to be able to keep track,” Nan Schivone, Justice in Motion’s legal director, told me. The agencies involved — Customs and Border Protection, which took families into custody; ICE, which oversaw their detainment; the ORR, which was responsible for the separated children — didn’t have a comprehensive system to share data with one another, nor did they always keep records linking parents with their children. If children were released from ORR custody into the care of family or friends, the government did limited follow-up. “We give you a luggage tag for your luggage,” said Gisela Voss, a former board member of Together & Free, which supports families seeking asylum. “We separated parents from their kids and didn’t give them, like, a number.”

It took two months, until August 2018, for the administration to provide the steering committee with the phone numbers of the deported parents; a quarter of the numbers were missing. The committee began its search, making calls and performing social-media investigations. Then, in January 2019, the HHS Office of Inspector General revealed that more families had been separated than the Trump administration had previously disclosed. Nine months later, the Justice Department finally produced those names. There were 1,500 of them, and the vast majority of the parents had been deported.

. . . .

But the more that people who have dedicated their lives to this task continue to search, the more it becomes apparent that there will never be a clean resolution. There will always be another family. They know, too, that reunification solves only one problem. Families may be together again, but whether they will ever be whole is another question entirely.

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

Read the complete article at the link.

No accountability whatsoever for Trump, Miller, Sessions and the other “human rights criminals” responsible for this. As is all too common in immigration and human rights “fails” by our immigration bureaucracy, the private, pro bono and NGO sectors are left to pick up the pieces after having to fight to uphold the rule of law.

The real story here is the blatant failure of our Government to uphold the rule of law for those seeking legal refugee and the irreparable effects of that failure. Somehow we have allowed politicos and the media to reverse that story line!

🇺🇸 Due Process Forever!

PWS

03-05-24

🇺🇸🗽 BIDEN MUST STOP FUELING THE XENOPHOBIC NARRATIVE ABOUT THE BORDER, SAYS MIGRATION EXPERT PROFESSOR KAREN MUSALO @ LA TIMES — “[T]hat narrative is false: The border is manageable, and rather than being a danger to Americans, immigrants are a net positive economically and socially.”

Karen Musalo
Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law

Karen writes in the LA Times:

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=9f2230a5-0663-484d-ae19-a64bb095d7ac

Multiple news sources report that President Biden is considering implementing executive action to try to close the U.S.-Mexico border, including to asylum seekers. It would be an extreme move, and a violation of the Refugee Act of 1980 and the country’s international obligation to protect those fleeing persecution. Only one other president — Donald Trump — has blatantly breached that obligation before. With the COVID-19 pandemic as a pretext, Trump invoked Title 42 of the U.S. Code, which allowed him to curb migration in the name of public health.

Biden, who came into office harshly criticizing his predecessor’s anti-immigrant policies, now seems poised to resurrect them. Administration sources concede that the president’s border plans are driven by politics, the belief that the immigration situation is “an election liability.”

This view is no surprise. We’ve been fed a narrative that the border is in crisis, overwhelmed by an unprecedented number of immigrants who pose a grave danger to the health and safety of the nation. But that narrative is false: The border is manageable, and rather than being a danger to Americans, immigrants are a net positive economically and socially.

 . . . .

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

Read the full op-ed at the link. Thanks for speaking out, Karen!

If only Biden & Harris would listen to migration experts rather than those who erroneously claim that violating asylum laws and stomping on human and civil rights is a “winning political strategy!”

🇺🇸 Due Process Forever!

PWS

03-92-24

🇺🇸🗽⚖️ “[O]ur leaders should be grand-standing with a 21st century plan that embraces immigration and immigrants for all that they can do for America,” Says Beatriz Lopez @ The Narrative Intervention on Substack!

Beatriz Lopez
Beatriz Lopez
Deputy Director
Immigration Hub
PHOTO: Immigration Hub

https://beatrizlopez.substack.com?utm_source=navbar&utm_medium=web

Immigration is Fueling America’s Economic Boom – So Why is Migration Still A “Bad” Thing?

Immigration makes America, America.

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BEATRIZ LOPEZ

MAR 1, 2024

This month, in case you missed it, there were several news headlines that once again proved that immigration is not just good for the U.S. economy, but freaking amazing. I’m not exaggerating – just take a look at the glorious reports revealed in February:

  • A Congressional Budget Office report found that, “The labor force in 2033 is larger by 5.2 million people, mostly because of higher net immigration. As a result of those changes in the labor force, we estimate that, from 2023 to 2034, GDP will be greater by about $7 trillion and revenues will be greater by about $1 trillion than they would have been otherwise.”
  • The most powerful economic rebound post-pandemic in the world is thanks to immigration in the U.S. The Washington Post reported, “About 50 percent of the labor market’s extraordinary recent growth came from foreign-born workers between January 2023 and January 2024, according to an Economic Policy Institute analysis of federal data.” Impressively, the surge in hires of immigrant workers filled “unprecedented gaps in the economy that threatened the country’s ability to recover from prolonged shutdowns.”
  • Even The New York Times piled on: “A resumption in visa processing in 2021 and 2022 jump-started employment, allowing foreign-born workers to fill some holes in the labor force that persisted across industries and locations after the pandemic shutdowns. Immigrants also address a longer-term need: replenishing the work force, a key to meeting labor demands as birthrates decline and older people retire.” The report also features a City Council president and member of the Plumbers and Steamfitters union in Indiana who says he would welcome migrants with open arms as his union is in desperate need of members.

Despite so many economists, industry and business leaders, and fellow Americans clamoring for immigrants to come to America and live and work in a small town in the middle of nowhere or somewhere, our politicians are stuck in the quicksand of deterrence, slowly sinking into policy and politics that muddle speeches and don’t make anyone want to save them.

Don’t get me wrong– I do want to save President Biden but, buddy, we need to work on those talking points. While I agree border communities and immigration officials are in dire need of resources and should be provided the proper funding and manpower, President Biden’s continual push for the Senate bipartisan bill was half futile. I get the political jab; use it, in fact, as it works against Republicans. But for the love of God stop trying to push the bill forward. It’s dead. Start planting the messaging seeds for better, more galvanizing solutions that address the border, resource welcoming communities, and deliver legal pathways. And above all center the economic and cultural contributions of Dreamers and immigrant families that Trump is eager to deport.

Humanizing the narrative is always a winning strategy. Recognizing the rewards of immigration and the hard work of immigrants, both in policies and messaging, speaks to those persuadable voters that Biden and Democrats must win over.

Where have you gone, John Fetterman? I roll my lonely eyes at you.

Now here’s someone who’s actually sinking. Yesterday, Senator John Fetterman (PA), on an apparent quest to prove he’s a tough border security hawk, said he would support H.R. 2 except for its aim to terminate DACA. He claims to have analyzed the bill, and if he did, then I am stupid for having ever thought he was a decent guy who understood the importance of immigration in America.

As a reminder, H.R. 2 is basically a Stephen Miller wet dream (I apologize for the imagery): it would (1) end legal representation for unaccompanied children and deport them faster, (2) shut down the asylum system, (3) give any DHS secretary the authority to deny every single migrant the right to seek asylum (in other words, permanent Title 42), (4) jail and detain immigrant families, (5) eliminate humanitarian parole, (6) punish and defund faith-based organizations and NGOs for supporting newly-arrived migrants, and (7) jail and penalize immigrants who overstay their visa. (Imagine if that last one were in place when Fetterman’s wife and mother-in-law had arrived in the U.S.)

Neither H.R. 2 nor the Senate bipartisan bill are “grand bargains” unless it’s a deal scored by a used car salesman hiding the 20% annual interest rate.  When immigration is decidedly incredible for the economy, when immigrants are proudly working and thriving alongside their fellow American, when those seeking freedom and opportunity are willing to risk their lives for a leg up to work – work! – when businesses and communities are desperate for immigrants to fuel their future, our leaders should be grand-standing with a 21st century plan that embraces immigration and immigrants for all that they can do for America.

After all, immigration makes America, America.

Thanks for reading The Narrative Intervention! Subscribe for free to receive new posts and support my work.

Pledge your support

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

Thanks for speaking truth to power, Beatriz!

While Trump and Biden trade barbs and disgracefully try to ”one up” each other as to who can be the most cruel, cowardly, and dumb on “bogus border security,” the real humanitarian and asylum processing crises go unaddressed; the most vulnerable continue to suffer at the hands of a country they want to help while saving their own lives. This is a potential “win-win” that our politicians refuse to embrace!

On the plus side, Senior USDJ David Alan Ezra of the W.D. Tex., preliminarily enjoined SB 4, Texas’s extremist attempt to subvert the Constitution by taking over immigration law enforcement. https://www.aclu.org/press-releases/federal-court-blocks-extreme-texas-legislation-that-would-overstep-federal-immigration-law

Texas will appeal to the too-often-lawless Fifth Circuit, so this saga is only beginning. But, at least this time the “good guys” struck first and won the opening round.

🇺🇸 Due Process Forever!

PWS

03-1-24

🇺🇸🗽THE U.S. ECONOMY IS FAR EXCEEDING EXPECTATIONS & MIGRANTS OF ALL TYPES HAVE BEEN OUTSIZED  CONTRIBUTORS! — Biden & Dems Want To Take Credit But Are Unwilling To Stand Up For The Rights & Humanity Of Those Driving Economic Success!

Border Detention
This is the “reward” that both parties have in mind for migrants who have helped our economy thrive through difficult times. Doesn’t seem right, smart, or rational! 
PHOTO: Public Realm

https://www.washingtonpost.com/business/2024/02/27/economy-immigration-border-biden/

Rachel SiegelLauren Kaori Gurley and Meryl Kornfield report for WashPost:

Immigration has propelled the U.S. job market further than just about anyone expected, helping cement the country’s economicrebound from the pandemic as the most robust in the world.

That momentum picked up aggressively over the past year. About 50 percent of the labor market’s extraordinary recent growth came from foreign-born workers between January 2023 and January 2024, according to an Economic Policy Institute analysis of federal data. And even before that, by the middle of 2022, the foreign-born labor force had grown so fast that it closed the labor force gap created by the pandemic, according to research from the Federal Reserve Bank of San Francisco.

Immigrant workers also recovered much faster than native-born workers from the pandemic’s disruptions, and many saw some of the largest wage gains in industries eager to hire. Economists and labor experts say the surge in employment was ultimately key to solving unprecedented gaps in the economy that threatened the country’s ability to recover from prolonged shutdowns.

“Immigration has not slowed. It has just been absolutely astronomical,” said Pia Orrenius, vice president and senior economist at the Federal Reserve Bank of Dallas. “And that’s been instrumental. You can’t grow like this with just the native workforce. It’s not possible.”

Yet immigration remains an intensely polarizing issue in American politics. Fresh survey data from Gallup showed Americans now cite immigration as the country’s top problem, surpassing inflation, the economy and issues with government. A record number of migrants have crossed the southern border since President Biden took office, with apprehensions topping 2 million for the second straight year in fiscal 2023, among the highest in U.S. history. Cities like New York, Chicago and Denver have struggled to keep up with busloads of immigrants sent from Texas who are overwhelming local shelters.

. . . .

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

Read the rest of the article at the link. 

There are also lots of practical ideas out here for fixing the asylum processing system and other helpful, humane border initiatives that don’t invest exclusively in expensive, cruel, and proven to ultimately fail “uber-enforcement only!” See, e.g., https://immigrantjustice.org/staff/blog/solutions-humane-border-policy.

Still, politicos of both parties and most media are on a completely different page, unhappily!

🇺🇸 Due Process Forever!

PWS

02-28-24

🦸🏻‍♂️ HISTORY: CAPTAIN FRANCIS “FRANK” FOLEY WASN’T A “GO ALONG TO GET ALONG BUREAUCRAT” — He Saved 10,000 Lives! 😇

 

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William Samuel de Spretter

William Samuel is an accomplished citizen writer publishing with a specific focus on current affairs and military history.

De Spretter writes on Linkedin:

When asked in 1922 what his priorities would be if elected chancellor of Germany, then up-and-coming National Socialist leader, Adolf Hitler, answered candidly: 

“Once I’m really in power, my first and foremost task will be the annihilation of the Jews.”

Proclaiming with vitriolic zeal, they’d be “hanged indiscriminately… until all of Germany has been completely cleansed of Jewry”, German Jews, understandably, had no desire to remain when he assumed the chancellorship in 1933…

In desperate hopes of securing safe passage to their ancestral homeland – Eretz Israel – tens of thousands flocked to the British embassy; only to be told on arrival there, “strict limits” had been imposed on the quota of Jews who’d be granted entry. 

Although, sadly, the fate of most was thus sealed, countless more would have suffered the same had it not been for the defiant courage of Britain’s Vice-Consul, then-Captain Francis “Frank” Foley. 

As a man who, in reality, was using his position as a cover for his long-serving role as an MI6 spymaster, Frank’s intelligence gathering had long confirmed that Hitler’s threats against the Jewish people were far from “empty rhetoric”.

For that reason, Frank was “quite unwilling to toe the line with London…”

Instead, he didn’t just “tear up the rulebook” that dictated whom he could issue lifesaving visas to but, when the “Kristallnacht” pogrom of 1938 was unleashed, he even transformed his place of residence into a safe haven for Jewish families.  

From the “Night of Broken Glass” onwards, the number of Jews filing for immigration visas increased dramatically; but still, Frank’s superiors refused to ease the stringent requirements that prevented him from granting them. 

Once again, therefore, he not only decided to “bend the rules” by easing them himself but, when he then received an official reprimand for his brave “contravention”, Frank doubled down on his rescue efforts by forging passports for Germany’s beleaguered Jewish citizens. 

Despite being fully aware that no level of diplomatic immunity would protect him if the Gestapo had uncovered his clandestine activities, Frank persevered regardless, with no fear or concern for his personal safety. 

In so doing, he enabled no fewer than 10,000 Jews to flee Hitler’s Reich; and yet, humble man that he was, Frank never spoke of his selfless deeds during his lifetime…

Incredibly, it was only after his passing, in May 1958, that his heroic exploits were revealed by his beloved wife, Katherine; and, it wasn’t until over four decades later, on this day in 1999, that he was deservedly recognized for having saved so many Jewish lives. 

Honored as a posthumous Righteous Gentile by Yad Vashem, the latter paid tribute to Frank – “the British Schindler” –  by describing him as “a man of great faith and conviction…”

Indeed, “as a deeply devout Christian, Frank did nothing more than act upon his sense of justice and compassion.”

#WeRemember

Captain Francis “Frank” FoleySOURCE: Linkedin
Captain Francis “Frank” Foley
SOURCE: Linkedin

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

Inspiring and timely piece of history. Thanks to Samuel for posting this on LinkedIn!

What if 600 bureaucrats had each made it their business to save 10,000 lives? The course of history would have been changed.

This is worth keeping in mind as our leaders of both parties and the immigration bureaucracy make “bullying the most vulnerable” and dehumanizing asylum seekers their daily mission. And, they brag about their cruelty and intention to violate laws in even more deadly ways! What if the same amount of effort were devoted to addressing humanitarian crises and saving lives?

🇺🇸 Due Process Forever!

PWS

02-27-24

🤯☠️ SURPRISE (NOT): SPINELESS 🐥 DEMS, BIDEN ADMINISTRATION, REPORTERS AFRAID TO CONSULT EXPERTS, HEAR FROM THOSE THEY DEHUMANIZE & CONDEMN! — Report By Todd Miller @ The Border Chronicle! — “It is for those who view politics as merely a game to be won rather than a moral terrain to advance the greatest good of all people. If you were to take this logic to its extreme, Democrats could also support an abortion ban or decertify the 2020 election. I mean, where does it end? President Biden could get that face-off surgery and become Trump himself.”

Border Death
Spineless Dem politicos think that by ignoring the deadly human consequences of their sell-out to the nativist right, they will escape moral accountability. This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.
Todd Miller
Todd Miller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

https://open.substack.com/pub/theborderchronicle/p/the-bipartisan-border-consensus-moves?r=1se78m&utm_medium=ios&utm_campaign=post

The Bipartisan Border Consensus Moves Right: A Q&A with Media Analyst Adam Johnson

“I went through dozens of reports, scores of articles, on the discussion of this migration bill, and the reporters talked to zero migrants and zero migrant rights groups.”

TODD MILLER
FEB 22

In recent weeks, longtime media analyst Adam Johnson has been looking through scores of articles and analyzing Democrats’ rhetoric to see how the border was being framed. One of the texts he looked at was the emergency national security supplemental bill that emerged for a vote on the Senate floor. This bipartisan border bill had been at the negotiation table for months, and it included provisions for military aid for Ukraine and Israel. The bill was ultimately voted down, after Donald Trump rejected it and the Republican Party followed suit. In our conversation, Johnson talks about his deep dive into the coverage surrounding the deal, and he speculates on what that means in this election year: that Democrats have entered new political terrain around the border and immigration enforcement. This interview is based on articles Johnson wrote for The Real News (“Media ‘Border Deal’ Coverage Erases Actual Human Stakes) and The Nation (“The Democrats’ Hard-Right Turn on Immigration Is a Disaster In Every Way”), both places that he contributes to regularly. He also wrote “Top 10 Media Euphemisms for Violent Bipartisan Anti-immigrant Policies,” at his Substack, The Column. Johnson cohosts the popular podcast Citations Needed, where they discussed the border on their February 21 edition. Johnson’s media analysis spans back nearly a decade, much of it for Fairness & Accuracy in Reporting.

Adam Johnson
Adam Johnson

Let’s start with the “border deal.” In The Real News you write that it dehumanizes migrants. Can you tell us a little bit about what the border deal is, and some key points about the coverage?

It’s a Republican border deal by framing and admission. Senators Chris Murphy, Tina Smith, and Mark Warner have framed it as a Republican border deal. Almost entirely. It is a 90 to 95 percent Republican deal in nature. They’ve repeatedly said that Republicans demanded XYZ and they gave them XYZ. This is how they’re framing it, because otherwise the hypocrisy gotcha doesn’t really work.

Can you clarify what you mean by “hypocrisy gotcha”?

If it’s not an overwhelming Republican bill, then the idea that they’re abandoning their won bill in service of Trump—which has been their primary gotcha—doesn’t make sense.

But let’s look at the substance of what the bill is.

Among other things, it has $8 billion in emergency funding for ICE, which more than doubles ICE’s enforcement budget. Do you remember “abolish ICE,” back five years ago or so?

It includes $3 billion in increased detention, a mechanism to shut down the border, and $7 billion to Customs and Border Protection, including the continuation of Trump’s wall. And so this is both objectively and how the Democrats describe a far-right Republican bill. That’s the appeal of it.

And the clever idea behind this is that a typical triangulation, that is, if you take a right-wing policy and adopt it as your own, you therefore take away that issue a little quicker come election time. It is for those who view politics as merely a game to be won rather than a moral terrain to advance the greatest good of all people. If you were to take this logic to its extreme, Democrats could also support an abortion ban or decertify the 2020 election. I mean, where does it end? President Biden could get that face-off surgery and become Trump himself.

. . . .

All this is laundered through euphemism, which I wrote about on my Substack and in The Real News, where I talk about the various ways in which the human costs are obscured. According to the International Organization for Migration, the U.S.-Mexico border is the deadliest land crossing in the world. And so if you double the enforcement, and triple the broader security apparatus, bring in more surveillance drones, more weapons, invariably more people will die. There is a real human cost to this type of militarization.

. . . .

Keep in mind, too, that Biden in 2020 mobilized a lot of the immigration activists who opposed Trump’s policies. He rode that wave to pick up a lot of young votes, a lot of progressive voters, a lot of people who are sympathetic to or adjacent to immigrant communities. And this cruel policy shift has really moved them to the right. In the days after Democrats embrace this hard-right bill, Trump began to double down on things like internment camps, shipping off immigrants, because he has to differentiate himself from the Democrats, at least rhetorically.

We’re gonna have this fortress America mentality. No one wants to deal with any of the underlying issues. And we have to deal with global inequality. No one wants to deal with climate change. That’s too egg heady and academic and difficult. We’re just going to do what we always do, which is cops and cages. And cops and cages are the solution to every social ill, whether it’s homelessness, crime, or whatever. That’s the order of the day. The bipartisan consensus. Democrats and Republicans both want it. The worst place for a vulnerable group to be is on the business end of a bipartisan consensus.

. . . .

Many Border Chronicle readers are interested in shifting the narrative. But how do you shift the narrative? Is it just too entrenched?

Some members of Congress have pushed back on this. But I think they’ve been pretty quiet. Alexandria Ocasio-Cortez pushed back in an interview, but I don’t think she’s really tweeted about it. Once you have this “we have to defeat Trump in 2024 above all else,” then everybody shuts up and goes along with it.

And I think that’s absolutely wrong. I think now is the time to stand up to this demagoguery. Adopting a Republican bill is not the solution. And, hopefully, if enough people stand up to this, then it can become politically costly for Democrats to continue doing this.

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

Read the full report at the link.

The worst place for a vulnerable group to be is on the business end of a bipartisan consensus.

These days, on immigration issues the term “bipartisan consensus” is actually a  euphemism for “Dem giveaway of others’ rights to GOP nativists.” And, of course, even after the giveaway, the GOP shows absolutely no interest is such one-sided “bipartisanship” because Der Fuhrer tells them they must vote it down.

Yet, the disingenuous media and pundits keep misusing the term “bipartisanship” as if it had real meaning! And, although holding power in two of the three political branches, while the GOP struggles mightily to cling to its narrow margin in one, Biden and the Dems “wimp out” time after time on immigration, human rights, and racial justice.

The GOP proudly advertises that it has no values beyond whatever Trump wants on any particular day.

By contrast, Dems claim to have values. But a campaign being run against those professed values and their own core voters suggests that they too have become a “transactional party of no enduring values.” 

Does America really need two political parties that stand for nothing beyond gratuitous cruelty to others and getting elected?

“Go along to get along.” Unhappily, that’s what today’s Dems appear to stand for. 

Frankly, that has been at the heart of many of the problems at EOIR, particularly in Dem Administrations that were afraid of taking the bold and sometimes controversial actions necessary to change culture, institutionalize due process, fundamental fairness, and best practices. Current AG Merrick Garland is a classic example of this failed Dem model. As a result, EOIR is a dramatically dysfunctional and unjust agency.

Will the Democratic Party keep mindlessly following in EOIR’s footsteps? What’s it going to take for the next generation of Democrats to halt the slide into moral vapidity and political irrelevance?

🇺🇸 Due Process Forever!

PWS

02-23-24

⚾️🤯 “CAN’T ANYBODY HERE PLAY THIS GAME?” — BIDEN’S “BUSH LEAGUE” DISSING OF ASYLUM SEEKERS & THEIR PROGRESSIVE SUPPORTERS COULD BE “STRIKE THREE” FOR OUR DEMOCRACY!😞 — Baseball Is A Great Example Of How Biden’s “Miller Lite” Approach To Immigration & Ignoring The Experts Is Wrong & Costly! — “[T]here are no curses except those that are self-inflicted by cheap, regressive thinking.”🤯

Casey Stengel
“The Dems’ wrong-headed “Miller Lite” approach to immigration and the border would leave Casey scratching his head. With “major league talent” available, they have put an “amateur night at the Bijou” team on the field for what is perhaps the most important season in modern American history!
PHOTO: Rudi Reit
Creative Commons

https://www.washingtonpost.com/opinions/2024/02/21/baseball-immigrants-diversity/

Jaswinder Bolina writes in WashPost:

As a former president of the United States excoriates immigrants for “poisoning the blood” of our country, as the governors of Texas and my current home state of Florida bus and fly migrants to points north — including my hometown, Chicago — my thoughts turn to baseball.

. . . .

While that inhospitable bunch has been villainizing migrants and refugees as a strain on U.S. resources, I have been marveling at how much foreign-born players have enlivened (and enriched) baseball in recent decades. Far from being poisoned, the sport has been rejuvenated by infusions of immigrants from Ohtani to Soto to Ronald Acuña Jr., Yordan Álvarez, Ha-Seong Kim, the Cubs’ Seiya Suzuki and so many others.

As these non-White non-Americans wow — and earn — millions with their transcendent talents, in a sport still emerging from its startlingly racist past, bigoted fictions about the “blood of our country” are being exposed. It’s true that baseball is still struggling with exploitative international recruiting practices, decreasing numbers of U.S.-born Black players and a lack of diversity among its executive ranks. Yet the increasing number of foreign-born major leaguers now counted among the best in the game’s long history dispels the self-aggrandizing myth that the United States possesses any monopoly on excellence.

The Republican presidential front-runner might argue that undocumented migrants and refugees aren’t elite athletes and are instead “animals” arriving from “s—hole countries.” But such dehumanizing insults are not only guilty of offensive fixation on national origin, ethnicity and race. They also mistake a person’s predicament for a person’s potential.

This is made plain by the origin stories of some of baseball’s biggest stars. Those same players who fashioned makeshift mitts out of milk cartons and cardboard, who rose to the game’s highest levels through arduous, harrowing and near-tragic journeys, might have languished on the other side of a barbed and militarized wall if this country’s right wing had its way.

The politicians who would build those walls, who attack immigrants for supposedly burdening our national resources, need only consider baseball’s explosive growth into a $10 billion industry and the financial value of Ohtani alone to the Dodgers — some estimate the team could make more than $1 billion off his deal over the course of a decade — to see that industries and economies thrive by inclusion, not exclusion.

Even so, ideologues seek to end inclusive practices in private industry and public education. They guarantee endless winning and new revolutions by promising to slash resources and wall off our country — all while whiffing on the most rudimentary of winning principles understood by most every baseball fan in America:

Great teams are made great by deep, diversified rosters. They are built on investment in both homegrown and international talent. And there are no curses except those that are self-inflicted by cheap, regressive thinking.

As the Republican presidential primary churns toward that party’s national convention, coincidingthis July with baseball’s annual All-Star Game, all of this will be evident to anyone ready to take a break from the campaign, take a seat in the bleachers and take in the world’s greatest ballplayers thriving at America’s game.

Jaswinder Bolina is a poet and essayist. His latest book is “English as a Second Language and Other Poems.”

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

Read the full op-ed at the above link!

“Mistaking a person’s predicament for a person’s potential!” That’s exactly what Biden’s new-found attacks on asylum seekers and their advocates (his 2020 supporters!) are doing!

Biden is flying in the face of the sage advice for running on a pro-immigration, pro-asylum, pro-rule-of-law platform cogently set forth by Beatriz Lopez on Substack and reposted here on Courtsidehttps://immigrationcourtside.com/2024/02/21/%f0%9f%91%82listen-up-biden-campaign-dems-a-dynamic-latina-leader-%f0%9f%a6%b8%f0%9f%8f%bd%e2%99%80%ef%b8%8f-has-the-formula-for-success-%e2%9c%8c%ef%b8%8fon-immigration-in-2024-sequence/.

It’s not quite too late for Biden to start fixing the asylum and resettlement system at the border and elsewhere so it works in a fair and timely manner for America and forced migrants. But, he can’t do it with the lame advice he’s getting from his advisors, his own moral relativism, and the failed leadership at DOJ and DHS. He needs to move the “bush leaguers” aside, bring in, and pay attention to, some “major league talent” before it IS too late. See, e.g.,https://immigrationcourtside.com/2023/12/19/%E2%9A%96%EF%B8%8F%F0%9F%A4%AF%F0%9F%91%A9%F0%9F%8F%BD%E2%9A%96%EF%B8%8F%F0%9F%91%A8%F0%9F%8F%BB%E2%9A%96%EF%B8%8F-as-garlands-backlog-hits-3-million-way-past-time-to-clean/.

It’s painful to watch the errors pile up and the game slipping away from the Dems! 😣 Meanwhile, rather than being out there helping unify and re-elect Biden and Harris, advocates are marshaling their resources and considerable energy to fight tooth and nail in courts against the Administration’s apparent bone-headed intention to violate asylum law and human rights with illegal asylum bars! Energizing former core supporters to fight against your inane and immoral actions during an election year: A “strategy” that only inept, tone-deaf Dem politicos could love!

🇺🇸 Due Process Forever!

PWS

02-22-24

⚖️👩🏾‍⚖️💡FIXING THE IMMIGRATION COURTS! 👨‍🔧 — Preoccupied With Nativist Schemes & Expensive, Cruel, Wasteful, & Demonstrably Counterproductive Mega-Enforcement Gimmicks, Neither Congress Nor The Administration Has Done Realistic Planning For Eliminating The Immigration Court Backlog! — So Don & Brendan Kerwin Have Done Their Work For Them — Their “Interactive Toolbox” 🧰 Is Now Available To EVERYONE Right Here!

Donald M. Kerwin
Donald M. Kerwin
Senior Researcher, Keough School of Global Affairs, University of Notre Dame

https://journals.sagepub.com/doi/10.1177/23315024241226645

Executive Summary

This paper examines the staffing needs of the US Department of Justice’s Executive Office for Immigration Review (EOIR), as it seeks to eliminate an immigration court backlog, which approached 2.5 million pending cases at the end of fiscal year (FY) 2023. A previous study by the Center for Migration Studies of New York (CMS) attributed the backlog to systemic, long-neglected problems in the broader US immigration system. This paper provides updated estimates of the number of immigration judges (IJs) and “judge teams” (IJ teams) needed to eliminate the backlog over ten and five years based on different case receipt and completion scenarios. It also introduces a data tool that will permit policymakers, administrators and researchers to make their own estimates of IJ team hiring needs based on changing case receipt and completion data. Finally, the paper outlines the pressing need for reform of the US immigration system, including a well-resourced, robust, and independent court system, particularly in light of record “encounters” of migrants at US borders in FY 2022 and 2023.

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Wow! This is beyond amazing! Kudos and thanks to Don and Brendan for this incredibly helpful and informative analytical tool. Get the full report and access to all the charts and interactive features at the above link!

Just yesterday, my friend, Arizona “practical humanitarian” Robb Victor, was asking about how legislators and policy makers could do better planning for hiring Immigration Judges and Asylum Officers to reduce the backlog and address processing problems at the border. This is for you, Robb!

As Don and Brendan cogently point out, hiring alone can’t solve the problem! America needs positive, due-process-oriented, reforms to our legal immigration system embracing the reality and the economic power of robust orderly refugee and asylum acceptance and increases in legal immigration of all types. 

The longer we ignore the need for these positive changes, and embrace the dangerous and defective myth that we can or should continue the failed program of attempting to enforce our way out of the migration realities and opportunities of the 21st century, the longer the disorder and grotesque waste of human lives and fiscal resources by our nation will continue.

And, of course, the innovative, low budget, potentially high-impact “Judges Without Borders” proposal by Judge Tom Lister and me should be part of any legislative package to improve the asylum system! See https://immigrationcourtside.com/2023/12/13/%F0%9F%91%A9%F0%9F%8F%BD%E2%9A%96%EF%B8%8F%F0%9F%91%A8%F0%9F%8F%BB%E2%9A%96%EF%B8%8F-%E2%9A%96%EF%B8%8F%F0%9F%97%BDjudges-without-borders-an-innovative-op/.

Why not plan for success rather than investing in failure? As my friend Robb says, “give peace a chance!”✌️ 

🇺🇸 Due Process Forever!

PWS

02-18-24

  

🏴‍☠️ THIS WEEK IN “GARLANDING” — “What Me Worry” AG Attains “Verb Status,” Pisses Off WH, & More Tales Of Woe From The Land Where Justice Goes To Die!”

Alfred E. Neumann
Merrick Garland doesn’t worry about injustice in his courts! But, YOU should PHOTO: Wikipedia Commons

THIS WEEK IN “GARLANDING” — True Tales From The “Twilight Zone” Of American Justice!

By Paul Wickham Schmidt

Courtside Exclusive

February17, 2024

garland ( gar’ land) v.t. [garlanded, garlanding] [dv. USAG Merrick Garland via Prof. Laurence Tribe] m. inflict injustice by one in charge, often through inattention, inaction, or dithering. (Ex 1. I pray the judge won’t garland my case. Ex 2. My client was garlanded and deported to death. Ex 3. They will be garlanding asylum applicants at the U.S. border.)

I would love to take full credit for the above verb. But, that honor must go to the inspiring writing of Harvard Professor Laurence Tribe, one of AG Merrick Garland’s former mentors. See https://www.thenewcivilrightsmovement.com/2024/02/gross-abuse-merrick-garlands-former-constitutional-law-professor-is-now-blasting-him/.

By all accounts, President Biden and his White House were outraged this week when they were garlanded by the “Hur report.” Ironically, three years of complaining by some of Biden’s core supporters who helped elect him in 2020 about being systematically “garlanded” at EOIR brought not so much as a raised eyebrow from the WH. Indeed, they might now be viewed as just a preview of Biden’s “Miller Lite” dissing of his supporters and human lives at the border with his inanely enthusiastic support of an attempted human rights “fire sale” by Senate Dems! Obviously, it’s quite a different story when things come full circle and the “chickens finally come home to roost.”

But, enough of that. When we left our DOJ antihero last week he was fresh off paying out $1.2 million of your taxpayer dollars to settle a sexual harassment claim by one of his ex-EOIR employees! See https://immigrationcourtside.com/2024/02/09/%F0%9D%90%97%F0%9D%90%97%F0%9D%90%97%F0%9D%90%97%F0%9D%90%97-sex-the-courthouse-%F0%9F%A4%AF-a-tragicomic-%F0%9F%8E%AD-series-starring-judge-merrick-garland-dag-lisa-mo/.

You might think that’s hard to top! But, you would be wrong! Let’s get started on this week’s trip around “the land where due process and fundamental fairness fear to tread!” 

  1. No Due Process In The Omaha Immigration Court

The ACLU released it’s report condemning Garland’s Omaha Immigration Court for a plethora of due process abuses. See https://www.aclunebraska.org/en/press-releases/new-report-finds-omaha-immigration-judges-routinely-compromise-peoples-rights.

Among the “lowlights:”

  • The project focused on pretrial hearings that can encompass pleadings, scheduling and other technical matters. The average observed hearing ran under four minutes, a rapid-fire pace to cover all of a hearing’s required steps.

  • Judges advised people of their rights in only 18% of the observed hearings. Most often, this involved reading rights to everyone in a group instead of individually.

  • Immigration courts are required to provide interpretation in the preferred language of the individual appearing at a hearing at no cost to the individual. The court frequently failed to provide Central American Indigenous language interpretation. This impacted roughly four out of five individuals who preferred to speak in a Central American Indigenous language.

  • In about one in five observed hearings, the individual was not represented by an attorney.

Of course, one might wonder why it is the responsibility of the ACLU to ferret out things that Garland should have discovered and corrected himself. But, no matter. Those poor souls whose lives and future are in the hands of the Omaha Immigration Court can expect to be garlanded.

2) Shenanigans in Chicago

Dan Kowalski reports:

IJs hide the ball; find the secret list or lose your case

Friends,

Immigration court practitioners in many cities now face a new hurdle: find, and adhere to, a secret list of IJ procedural preferences (requirements, actually)…posted, in one case, in the “pro bono room” of one court.  NOT online anywhere.  Oh, and it changes frequently, and without warning.  See the attached sample from Chicago.

Practitioners have complained to EOIR, so let’s see what happens.

 

I have a funny feeling that PWS may have a thing or two to say about all this.

DPF!

2024.02.05 – EOIR Chicago IJ Hearing Preference Sheet

Indeed I do, my friend, indeed I do. This one hits “close to home.”

Back in 2006 my friend and Round Table colleague Judge John Gossart of Baltimore headed a group of IJs who took on the monumental task of writing the first Immigration Court Practice Manual (“ICPM”). Based on Judge Gossart’s own “local court rules and best judicial practices” developed over decades, the ICPM built on the success of the award- winning BIA Practice Manual, created and issued during my tenure as BIA Chair. 

One of the key features of the ICPM is that  It superseded and erased all then-existing “local rules.”

Those few of us IJs who did public education events — under the watchful eye of our HQ “handlers” — were encouraged to tout and promote the ICPM as the “definitive guide” to successful practice before the courts, which, of course I dutifully did as reflected in my speeches from those days. I believe we even had “Q&A” sessions with the local immigration bar to promote and explain the ICPM.

Now, after years of gross mismanagement under Trump and Biden, things have come full circle. The oft-conflicting, idiosyncratic, and frequently inaccessible or counterintuitive “local rules” that the ICPM was created to eliminate evidently have returned with a vengeance.

Meanwhile, the very substantial amount of time, resources, credibility, and effort that went into creating, distributing, and implementing the ICPM has been a colossal waste of taxpayer resources because the last two Administrations have failed in their duty to competently and professionally administer EOIR!

And let’s not leave out Congress! If ever there were a need for a new, independent, professional, expert Article I Court System it’s EOIR. Yet, although Dems have introduced bills, the GOP has expressed no interest in Article I, nor has it been a priority for Congressional leadership and the Administration. It wasn’t even “on the radar screen” during the failed Senate “debate” on the immigration system.

Both Chicago Immigration Court practitioners and those IJs, current and past, who devoted their professional time and energy to the ICPM have been garlanded.

3) ADR On Steroids In Virginia

A long-time DMV immigration lawyer told the “Courtside I-Team” this week:

I routinely have MCHs listed as “in person” that are actually by Webex (I had one today). I also have an Individual on Thursday listed as Webex, but I received an email at 4:00 PM today stating that this was an error, and it was actually in person. I replied that I could not attend in person, as I have too many other cases and family issues to rearrange my schedule at the last minute. We’ll see what happens, but all this is typical of an agency that could care less about applicants, practitioners or due process of law. Take care.

For decades, practitioners and experts had been begging DOJ and EOIR to enter the 21st century with automation. Dishearteningly, now that automation has belatedly arrived at EOIR, it’s being used to severely diminish customer service rather than improve it!

It seems that every whim, irrationality, inefficiency, and inconvenience that developed at EOIR over years has now been “automated” to maximize the trauma and stress inflicted on those appearing before these broken courts. As this example points out, that has led to “Aimless Docket Reshuffling (“ADR”) on steroids!”

And here’s why automated ADR is such a powerful tool! Some practitioners have told me that it allows EOIR to unilaterally schedule them to be in three or four different courts at the same time, with almost no notice. Then, it’s up to the lawyer to file individual  “motions to reschedule” to clean up EOIR’s mess. 

Sometimes they are granted, sometimes denied without any rationale. All of this leads to more work and case shuffling but, importantly, without ever getting to the merits of any case! 

Meanwhile, the backlog grows exponentially and the stress levels on the private bar and the staff ratchet up.

There might be surer ways to destroy a court system, but none come immediately to mind. This is garlanding at its best!

4) Another “F” In “Immigration Law 101” From The 3rd Circuit

This from Dan Kowalski at LexisNexis:

CA3 CAT Remand (Somalia) – Herrow v. Atty. Gen.

https://www.govinfo.gov/content/pkg/FR-2024-02-12/pdf/2024-02829.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca3-cat-remand-somalia—herrow-v-atty-gen

“[W]e conclude that the BIA, in deciding his CAT claim, failed to consider evidence favorable to Herrow. For that reason, we will remand his petition as it applies to that claim. … Herrow claims that the BIA and IJ erred in denying his CAT claim and in finding that (1) he is unlikely to face torture and (2) the Somali government would not acquiesce in such torture. Because the BIA and IJ ignored evidence favorable to Herrow, we will grant his petition in part and remand for a more comprehensive review of the evidence. … To establish a likelihood of future torture, the record must demonstrate an aggregate risk of torture to the noncitizen that exceeds fifty percent. In making this determination, the IJ must address what is likely to happen to the petitioner if removed, and whether “what is likely to happen amount[s] to the legal definition of torture.” In answering these questions here, the BIA and IJ found that Herrow did not demonstrate a likelihood of torture. We conclude, however, that this determination could not have been made if all the evidence presented by Herrow had been properly considered.”

[Hats off to Christopher M. Casazza and Caitlin J. Costello!  Audio of the oral argument is here.]

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

Being wrongfully denied CAT is no small matter, particularly if the USG is threatening to send you to Somalia. Lets get a glimpse of what happens in Somalia, courtesy of the latest report from our State Department:

Government security forces, including NISA and the Puntland Intelligence Agency (PIA), detained boys and adult men in the same facility and threatened, beat, and forced them to confess to crimes, according to Human Rights Watch.  There were reports of rape and sexual abuse by government agents, primarily members of the security forces.  The Human Rights Center, a local nongovernmental organization (NGO), reported two Somaliland police officers, area commissioner Hassan Ismail and Mustafe Yusuf Dheere, raped Nimo Jama Hassan on June 4 in Caynabo (see sections 1.g. and 6).

Al-Shabaab imposed harsh treatment and punishment on persons in areas under its control (see section 1.g.).

Torture and other cruel, inhuman, or degrading treatment or punishment at the hands of clan militias, some of which were government-affiliated, remained frequent.  A strong and widespread culture of impunity continued, due mainly to clan protection of perpetrators and weak government capacity to hold the guilty to account.

You might think that would lead Garland and his subordinates to take extra care to get these cases right. But, you would be wrong. Dead wrong in many cases. “Good enough for government work” is the touchstone of garlanding. 

By all accounts, Garland was a stellar student during his Harvard Law days. But, not so much some of his EOIR judges at the trial and appellate levels, particularly some of the “Sessions/Barr holdovers” who appear to have been appointed to the bench primarily because they were viewed as likely to deny protection without regard to law or facts. (I’ll concede that Barr and Sessions were wrong about some of their appointments who turned out, perhaps against  the odds, to be fair judges.)

Far too many EOIR judges receive “Fs” from the Courts of Appeals on the basics of immigration and asylum law, even though most mistakes never get to the Article III Courts or manage to otherwise wend their way through the system, thereby endangering lives.

Mr. Herrow was garlanded, but survived (at least for now) thanks to the work of his lawyers and the Third Circuit. 

Well, folks, that’s this week’s wrap from Gar-Land, “the land that justice forgot!” But, stay tuned to Courtside for future updates on garlanding and its victims! 

What’s on the horizon: In March, a final report expected from AILA Ohio on systemic racism at EOIR! Should be a great read!

🇺🇸 Due Process Forever!

PWS

02-17-24

☠️ THE REAL BORDER CRISIS HAS NOTHING TO DO WITH THE BS 💩 BEING HURLED BY POLITICOS & THE MEDIA! — Todd Miller Reports From The Border For The Border Chronicle — “‘Border crisis’ rarely refers to people like the injured, sick, wet, and shivering asylum seekers at the border, who on Saturday included children and pregnant women.”

Asylum seekers walk along the border wall near Sasabe in 34-degree weather after snowfall on February 10. (Photo credit: David Damian Figueroa)
Asylum seekers walk along the border wall near Sasabe in 34-degree weather after snowfall on February 10. (Photo credit: David Damian Figueroa)
Todd Miller
Todd Miller
Border Correspondent
The Border Chronicle
PHOTO: Coder Chron

 

https://open.substack.com/pub/theborderchronicle/p/what-is-the-border-crisis-a-snowstorm?r=1se78m&utm_medium=ios&utm_campaign=post

. . . .

During the week, the term “border crisis” was featured prominently in the national airwaves in both political rhetoric and media coverage. Perhaps the term would be appropriate and accurate if it referred to people freezing in the snow and rain, or dying crossing the desert in the summer. Yet, even though thousands have died crossing the world’s most dangerous land border—including record numbers in the past two years—this is almost never mentioned in media reports on the “border crisis.” Instead, the most prominent “crisis” is the right wing narrative of an overrun, open border. Everything else follows. The Border Patrol is overwhelmed. The enforcement apparatus is overwhelmed. Washington is overwhelmed. An NBC headline alarmingly suggested that ICE and CBP might have budget shortfalls, or entirely run out of money (spoiler: that’s not going to happen). “Border crisis” has been used so frequently that it has become both abstract and mind numbing, a term deployed either to gain political points or to justify more funding for border and immigration enforcement, which has received more than a hefty $400 billion since DHS opened its doors in 2003. “Border crisis” rarely refers to people like the injured, sick, wet, and shivering asylum seekers at the border, who on Saturday included children and pregnant women.

Perhaps instead of portraying the border as in crisis, we should say that the border, by its very design, creates crisis. I thought about this on Monday when I went down with a group of Green Valley Samaritan volunteers to where the asylum seekers had crossed. The snow was gone, but the mud puddles were not. The makeshift camp where many of the 400 people had stayed was empty. I kneeled by a tent made of aluminum blankets where a single kid’s sandal was on the ground. I meditated on that sandal and wondered how many times I’d seen this same scenario over the decades in Arizona—a kid’s Mickey Mouse suitcase, a stuffed animal, a small pair of pants or a shirt—in places where people had camped. How many times had I seen the electrolyte bottles, black bottles, empty tin cans in desolate places of the desert where people couldn’t possibly carry enough water to get where they were going?

A child’s sandal left behind at the makeshift camp along the border near Sasabe on February 12. (Photo credit: Todd Miller)
A child’s sandal left behind at the makeshift camp along the border near Sasabe on February 12. (Photo credit: Todd Miller)

The border is designed to create crisis; that is the deterrence strategy. Right next to the camp were two idly parked Caterpillar excavators, presumably used to construct the border wall. Staring at them over the tents and makeshift shelters, I assumed that it was machinery from Spencer Construction—a company that received more than $600 million in contracts from CBP in the summer—for “border maintenance.” Now Spencer construction crews cruise up and down the border road, “filling in the gaps” of the border wall, as the Biden administration puts it. They filled in one such gap much closer to Sasabe several months ago, and now people crossed much farther away. With its focus on enforcement, the now-rejected border bill would have injected $14.4 billion into CBP and ICE (on top of a 2024 budget that was already more than $28 billion), including more funds for wall construction. Also included in the bill was money dedicated to surveillance technology, such as more autonomous towers (in addition to the nearly 400 such towers already installed), and the further digitization of the border, including systems for taking DNA samples from border crossers, and ground and maritime drone systems (yes, boat drones). Detention Watch Network describes the bill’s proposed expansion of ICE’s detention and deportation apparatus as the “largest appropriation of funds for immigration detention custody and surveillance operations in ICE’s history,” which included a daily capacity for detainment rising from 34,000 people to 50,000. Mind you, many of ICE’s detention facilities are run by private companies, so, as with surveillance, the profit motive is always lurking behind the scenes.

In short, the bill was what GOP lawmakers wanted, yet they rejected it. Democrats such as Chuck Schumer and Kyrsten Sinema (or excuse me ex-Democrat, now independent) lamented that Republicans weren’t taking the border seriously—an accurate critique, since the bill was only offering more fortification, including an unprecedented provision that gave Washington the authority to shut down the border (though it was unclear what closing the border meant exactly). Even more confusing was that Donald Trump opposed ramping up enforcement. It all makes sense, however, when the election is considered: Trump wants to run against Biden on this issue, but he can hardly do that if Biden is pounding the iron fist. As ABC News reported, “Trump probably still does benefit politically from a protracted [and manufactured!] border crisis.” However, Senator Chris Murphy, who was the chief Democratic negotiator for the bill, wrote: “Republicans can’t claim that the border is in crisis and then vote against the bipartisan bill, written by their own leadership, that would fix the problem.” He concluded, “Quite simply, we risk losing the 2024 election if we do not seize this opportunity to go on offense on the issue of the border and turn the tables on Republicans on a key fall voting issue.” The Senate Democrats took Murphy’s challenge and went on the offensive with a slick video on Twitter showing Democrats as hardline border enforcers. For his part, Biden stated, “Every day between now and November the American people are going to know the only reason the border is not secure is Donald Trump and his MAGA Republican friends.” In other words, the so-called border crisis has become a race to see which candidate can better fortify the border.

As for the people freezing and in various states of medical distress, this border cold war (and the proposed border bill) only makes matters worse. On top of that, according to a press release by No More Deaths on Saturday, Border Patrol agents told the humanitarian aid organization that they were “informed of the situation,” of people stranded in potentially life-threatening conditions, “but did not plan to drive out to address it.” Volunteers began to transport people from the border wall to the Border Patrol substation, also known as its processing center, so refugees could turn themselves in. Volunteers reported that Border Patrol agents in Sasabe detained and threatened them, and took pictures of their driver’s licenses. At one point there was a “rolling roadblock” of Border Patrol trucks. One volunteer reported a situation in which two agents spoke to them at “yelling volume” that seemed to be “backed with a bunch of anger.” The agents told the volunteers that they were “breaking the law” and threatened to arrest them and impound vehicles. But the volunteers persisted, driving the 15 miles or so back to retrieve more people. More and more asylum seekers assembled in front of the Border Patrol processing center. Eventually, the school in Sasabe was opened as a temporary shelter for the night. By the end of the day, the humanitarian aid organizations evacuated every person from the border. On Sunday morning all migrants were in Border Patrol custody. And as Arizona Public Media reported, “Seemingly at odds with the aid workers’ account, Customs and Border Protection says they prioritized the humanitarian response to the migrants abandoned in the cold.”

By the time I arrived on Monday, the real crisis had come and gone. There was the shoe, the blankets now drying on the mesquite trees, the construction workers driving up and down the road in their vehicles, and a 30-foot border wall meant to push people further into the desert. No More Deaths and Samaritans volunteers cleaned up the mess in the aftermath. What played out was not just a battle between humanitarian aid and the Border Patrol. It was a battle over what the crisis really was.

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

Read the complete article at the link.

Sigh! 😮‍💨

So, our brave nation and our courageous leaders are “existentially threatened” by a bunch of desperate unarmed people patiently waiting in misery to turn themselves in to the Border Patrol for asylum screening because our Government can’t process them in a fair and timely manner through legal ports of entry as required by law! That’s despite the relative predictability of flows of forced migrants and their slow progress toward the border.

If our “intelligence” services can’t foresee very public flows of forced migrants northward, and our nation can’t prepare to fulfill our legal and moral obligations to our fellow humans, Lord help us!

$600 million for annual “border maintenance,” but not enough trained Asylum Officers to screen asylum seekers at ports of entry? $28 billion for ineffective “deterrence,” but they can’t run resettlement programs that get asylum seekers and those granted asylum to the many places in the U.S. that need their skills? Gimmie a break!

This is the human face 😢 of our shameful and preventable bipartisan failure to meet our legal, humanitarian, and moral obligations to forced migrants at the border and elsewhere! No wonder cowardly politicos and complicit media don’t have the guts to “look their victims in the eye!”👁️ 🐥

And, the failed bogus bipartisan Senate bill that the Administration and many Dems tout and the media fawn over, would have done ABSOLUTELY NOTHING  to solve this real humanitarian crisis at the border. Indeed, as almost all real border experts agree, it would have made the suffering and dereliction of duty by our Government immeasurably worse for these our fellow humans in need!

Thanks to folks like Todd Miller and Melissa del Bosque for bearing witness, speaking truth, and refusing to let our nation’s grotesque abuses of, and intentional misrepresentations about, forced migrants be swept under the carpet.

 

Border Death
Cowardly U.S. politicos and the media don’t want to take responsibility for the foreseeable deadly consequences of their chronic border failures. They would rather see their victims dead and buried, preferably on the other side of the border where they will be “out of sight, out of mind!” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

🇺🇸 Due Process Forever!

PWS

02-16-24

🤯DEMS’ “MILLER LITE STRATEGY” 🤮 COULD SPELL DISASTER ☠️ IN NOVEMBER: TIME TO “REGROW SPINES” & “PUT FIGHT 🥊 OVER FLIGHT” 🐥— Beatriz Perez @ Substack With A “Spot On” Blistering Analysis On Why Dems Must Change Course & Embrace Immigrants’ Value & Their Human Rights!🗽⚖️🇺🇸

Miller Lite
“Oh no, not another delivery to the Dem Party! Time to ‘cut them off!’”

Beatriz writes in Narrative Intervention on Substack:

https://open.substack.com/pub/beatrizlopez/p/democrats-chose-flight-over-fight?r=1se78m&utm_medium=ios&utm_campaign=post

To no one’s surprise, this past week the bipartisan border bill, creatively named “The National Security Act, 2024” and introduced by an all white cast of Senators, failed to pass the chamber. Many Democratic Senators who once stood beside immigration advocates at rallies to push back against the proposal fell in line with their president and voted in favor of a flawed and dangerous bill that would fall short of mitigating migration. None but the beltway nerds and press were paying attention to C-SPAN as the proposal died, triggering Democratic political operatives to salivate over the “gotcha” vote that’ll be used against Republicans on the campaign trail.

Beatriz Lopez
Beatriz Lopez
Deputy Director
Immigration Hub
PHOTO: Immigration Hub

For many of us battle-tested, seasoned advocates, there was no true satisfaction at seeing Republicans implode or an undesirable proposal fall apart. Hanging above our heads like a Florida cockroach threatening to fly into our faces was the fact that the Biden administration, Majority Leader Chuck Schumer, Senator Chris Murphy, and Democrats who voted for the bill had officially moved the goalpost on immigration.

‘Tis a slippery slope to empower the nation’s president to shut the border down to block asylum seekers and codify measures to make it nearly impossible to claim asylum and easier and faster to deport people back to dangerous conditions while hoping a developing nation with its own set of serious problems cracks down on vulnerable children and families seeking safety and refuge. To be okay with all of this means you’ve – as Isabel Wilkerson so aptly wrote – gone through a “process, a programming” to dehumanize both the issue and those at our doors, begging for shelter and freedom.

And look I get it. I’ve heard the rhetorical, exasperated questions: what else are Democrats supposed to do when migrants keep coming to the border? When Republicans keep hammering us on the border? And Chicago and New York are struggling to manage those bussed into the cities? And in a pivotal election year, these questions carry an extra ounce of GTFO.

And to them I say – I hear you. I’m listening. I’m worried, too. But I’m not concerned about the tenacity and brilliance of local leaders and NGOs on the ground working to help newly-arrived immigrants to settle in this powerful and abundant country. Or least of all anxious over visionary funders and creative mayors and governors seeking ways to welcome new settlers into regions eager for consumers and workers. I’m not even worried about Trump and Republicans relentlessly attacking Democrats on the campaign trail – it’s nothing new.

What I am truly troubled by is Democrats choosing flight over fight.

The current conundrum that President Biden and Democrats find themselves in goes beyond the challenges of global migration. Since 2017, Democratic messaging has been devoid of pro-immigrant messaging. Were it not because of the loud cries of a toddler separated from her mother and the incredible journalistic accounting that shook the soul of America did it spring even moderate Democrats into action. But, when it came to political advertising and a constant drumbeat of both values-based immigration messaging and Republican accountability on the issue, you had to search far and wide to find solid examples. Thanks to the David Shor’s of the political class, most Democrats chose to avoid the issue, leaving a vacuum gladly filled by Stephen Miller types.

The Democratic choice to neither proudly display their position on immigration or celebrate the immigration wins has left the American people believing they’re for “open borders” or wondering where they stand on the issue and have they done anything on it? What’s worse, they consistently fail to counter their opponent’s radical, Trumpian rhetoric and anti-immigrant ideas. While racist and radical media and online influencers, such as Tucker Carlson, yell anti-immigrant obscenities and the GOP spend millions upon millions trying to convince Americans that immigrants are bad people who are trying to replace them, infiltrate their communities with drugs and crime, and steal their jobs and social security, Democrats have responded by pivoting to other kitchen table issues.

The gradual damage of this messaging to America’s psyche and perception of the other – immigrants – has created the current moment. Now, even reporters from major news outlets are asking me why and how Trump dismantled our immigration system and what actions President Biden had taken to restore the system. The first question often leaves me baffled, for how quick we forget the heinous wrongs of the past, and the second is no surprise, just sad.

It’s really disappointing that not many people, reporters included, don’t know that the Biden administration has taken over 500 actions that have had such a positive impact on women, families, children and workers in the U.S.

No Democrat should be afraid of their immigration shadow. It’s time to stop running away or running to the right of the issue. You can be sensible without spite. Until Republicans can treat the cancer that is Trump, Democrats have to go to bat for the issue with gutsy resolve, bold solutions and radical empathy. They have to be in it for the short and long game. Like investing in an index fund or supporting reproductive rights or gay marriage, it’ll pay off to tell Americans and Republicans that Democrats stand for an immigration system that lives up to our values and meets our nation’s economic demands, that we’ll secure our border with smart and humane solutions – not band-aids that create chaos and jeopardize lives – that we’ll do whatever it takes to deliver a path to citizenship for Dreamers and hard-working immigrants who have waited too long for our government to act, and that we’ll fight like hell against Trump and anyone who threatens to separate families, deport our neighbors en masse, and divide our communities.

No one is immune to mistakes or bad votes. For Democrats, this is a moment to reflect and admit you fucked up. Now do better. Yes, use the vote to hold Trump and Republicans accountable – but don’t you dare use that bill as a model for legislation or campaign rhetoric.

You can’t out-Trump Trump.

Humanize the issue. Show courage and compassion. Talk solutions. Remind voters what and who you stand for and what’s at stake if Trump and anti-immigrant Republicans have it their way. Be disciplined and keep repeating. Throw some money behind that messaging. And I promise you, you’ll win.

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

Thanks, Beatriz!

This should be required reading for every Dem politico!

Case in point: A very recent Congressional Budget Office (“CBO”) study reaffirmed what those who work with migrants have always known: Directly contrary to the GOP and media myths, migrants of all types — regardless of status — are a huge source of economic growth for America. They will help fuel a $7 trillion boost in the U.S. economy over the next decade! See, e.g., https://time.com/6692645/immigration-economy-us-gdp-growth-cbo-report/.

But, you sure wouldn’t know this from the one-sided “debate” about migration going on today. The GOP spreads (and the media promotes, largely without critical analysis) blatant lies and myths about the largely fabricated and often self-created “burdens” of migration (see, Abbott, DeSantis). Yet rather than rebutting them and embracing truth, Dems basically look the other way and try to change the conversation.

This has caused them to “run away from” and “downplay” one of the Biden Administration’s most important positive achievements — functioning parole programs that move migrant flows from the “irregular” to the “regular!” Moreover, that  processing takes place in advance, outside the United States, rather than adding to the border pressure or becoming part of the overhyped asylum backlog resulting from poor performance by Administrations of both parties and Congress over decades (but hugely aggravated by the Trump kakistocracy). Even the immediate work authorization problem is solved by the advance parole programs.

Are these programs perfect? No, they are far too limited both in terms of numbers and scope of eligible nationalities. They also don’t answer questions about the long-term fate of those paroled. But, they are certainly a step in the right direction that could be built upon and “model” the case for more durable long-term legislative expansions of visa programs.

The GOP’s irrational attacks on what is working and helps our country and the world shows just how little they care about solving problems or the long-term prosperity, stability, and strength of our nation.  Yet, the largely indisputable benefits of parole and the willingness of the Administration to engage in creative and successful problem-solving gets scant mention from either the Biden campaign or Congressional Dems.

And, the media is no better. Given the current high-profile of immigration on the national scene, one might reasonably have expected “front page coverage” of the CBO report and findings, particularly since it directly contradicts many of the false claims raised by both parties during the recent failed “Senate compromise” proposal. Instead, even I had to do some “digging” to come up with articles featuring the CBO report.

Curiously, the GOP plays to the most extreme, dangerous, and unreasonable elements of its far right base.

Conversely, Dems run against the values and views of some of the most reasonable, dedicated, and energizing elements of their progressive base.

Not smart!

🇺🇸 Due Process Forever!

PWS

02-13-24

📖 BOOKS: BLITZING ⚡️ BORDER MYTHS & SACKING 🏈 SELECTIVE HISTORICAL AMNESIA — Jonathan Blitzer Takes On Generations Of Official Misconduct, Human Misery At The Border — PLUS: Here’s Your Chance To Hear From Those Migrants Whose Voices Are Ignored By U.S. Politicos & Media, Courtesy Of Immigration Law & Justice Network & The Hope Border Institute!

Jonathan Blitzer
Jonathan Blitzer
American Author & Staff Writer, The New Yorker
PHGOTO: Linkedin

Read Manuel Roig-Franzia’s WashPost review of Jonathan Blitzer’s book “Everyone Who Is Gone Is Here:”

https://www.washingtonpost.com/books/2024/02/05/everyone-gone-here-blitzer-review/

Blitzer’s villains include “[n]umerous U.S. institutions, bureaucrats, and presidents” who supported and enabled “savage governments responsible for vast numbers of people killed — many of them poor and Indigenous.” 

Blitzer has particular contempt for “one of the most ineptly titled American officials ever — the State Department’s assistant secretary for human rights, Elliott Abrams — [who] tried to suppress information about the massacre of 978 people, including 477 children, in the Salvadoran village of Mozote.” Abrams, later was convicted of misdemeanors for withholding information from Congress in connection with the Iran-Contra scandal, but was pardoned by Bush I. 

Our political bureaucracy continues to have infinite capacity for inventing intentionally misleading, mocking titles that directly contravene truth, particularly when it comes to abusing human rights. For example, the so-called “Migrant Protection Protocols” (a/k/a “Remain in Mexico”) were quite specifically intended to unlawfully reject migrants who had established a “credible fear” of persecution! The MPP resulted in numerous “publicly documented cases of rape, kidnapping, assault, and other crimes committed against individuals sent back under MPP.” See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjq1pmw_qWEAxUwL1kFHUbSDMIQFnoECBAQAw&url=https://www.americanimmigrationcouncil.org/research/migrant-protection-protocols#:~:text=According%20to%20Human%20Rights%20First,individuals%20sent%20back%20under%20MPP.&usg=AOvVaw2ehZRBR_jXYoI41NZZN2DK&opi=8997844.

According to U.S. District Judge Jesus Bernal, the MPP “trapped [] asylum seekers in Mexico in dangerous conditions that impeded their ability to access the U.S. asylum system or obtain legal representation.” See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjLgaLW_6WEAxUqFmIAHb5MDlEQFnoECCYQAQ&url=https://immigrationimpact.com/2023/03/24/where-the-migrant-protection-protocols-stand-four-years/&usg=AOvVaw18vgP5kU86mgTigCBEFLNY&opi=89978449%0A%0A.

Among Blitzer’s unsung heroes are “relentless US. immigration advocates,” the late Rep. Joe Moakley (D-MA) who “grasped all the nuances of U.S.-manufactured border crises,” and of course, an “array of migrants” who bravely persevered in the face of treacherous, dishonest, ill-informed, and often deadly U.S. immigration policies intended to “break them” and destroy their humanity. That disgraceful process continues today — on steroids!

The review ends on a perhaps unexpectedly optimistic note:

And yet, after reading Blitzer’s book, one can’t help but think that the impossible might be possible — that maybe, just maybe, this could be fixed. He’s not trying to lay out a set of policy solutions. He’s making a more nuanced plea, a rejection of the “selective amnesia” of politics in favor of a deeper understanding of how we — as a nation and as a region — got here.

It is a book with a “mission,” he writes, a nudge for U.S. decision-makers and a platform for voices on the other side of the border, a “kind of go-between: to tell each side’s story to the other; to find a way to bring the Homeland Security officials into the housing-complex basement; and to allow the migrants in the basement to participate, for once, in the privileged backroom conversations that decide their fate.”

Hopefully, those with the power to change things will listen.

Manuel Roig-Franzia is a Washington Post features writer and formerly served as The Post’s bureau chief in Miami and Mexico.

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

Following up on the last point — the “seldom-heard and never-heeded by our politicos and media” voices of those whose lives and humanity are threatened by our failed policies, this Thursday, Feb. 15, @ 3 PM EST, Immigration Law & Justice Network & The Hope Border Institute will present a free webinar, “Stop The War On The Border: Migrants Speak: 

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Stop the War on the Border: Migrants Speak – Detengan la Guerra en la Frontera: Migrantes Hablan

Date & Time

Feb 15, 2024 03:00 PM in

Description

ILJ Network and our partners invite you to participate in this webinar and hear directly from migrants in the northern Mexican border and the U.S. interior on how restrictions to asylum and humanitarian parole impact their lives.

ILJ Network y compañeros de coaliciones los invita a participar en este evento virtual para escuchar directamente de migrantes, ubicados entre la parte Norte de México y el interior de los Estados Unidos, acerca de cómo dichas restricciones al derecho de asilo y de parole humanitario impactan sus vidas.

Webinar Registration

https://us02web.zoom.us/webinar/register/WN_efx1ZeUqTCmSOVCBNTRxrg#/registration?os=ipad

Information you provide when registering will be shared with the account owner and host and can be used and shared by them in accordance with their Terms and Privacy Policy.

This is very timely! Rarely do we hear from those whose lives, dignity, and safety are being bargained away and devalued as if they were “commodities” at the disposal of disingenuous politicos and interests who have turned their misery and desperation into “profit centers” and political rallying cries.

🏈🏆Finally, on another topic, congrats to Coach Andy Reid, Patrick Mahomes, Travis Kelce, the rest of the Kansas City Chiefs, and “Chiefs’ Superfan” Taylor Swift on their second consecutive Lombardi Trophy and third in five seasons.  As almost everyone in sleep-deprived America knows by now, KC outlasted the SF 49ers in yesterday’s Super Bowl ending with a thrilling overtime finish 25-22!

For everyone else, including my Green Bay Packers, it’s “wait till next season!”😎

🇺🇸 Due Process Forever!

PWS

02-12-24

🧐 GW LAW PROF ALBERTO BENITEZ AMONG EXPERTS REFUTING GOP FALSE CLAIM 🤥 THAT BIDEN CURRENTLY CAN “CLOSE THE BORDER!” 🚫

“NDPA Hall of Famer” GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera

 

https://spectrumlocalnews.com/tx/south-texas-el-paso/news/2024/02/06/president-biden-authority-border-shutdown-

Reena Diamante reports for the Spectrum News El Paso:

. . . .

“A president doesn’t have the unilateral authority to shut down the border. If a president did, the prior president would have done it,” said Alberto Benitez, director of the Immigration Clinic at George Washington University Law School. “Even the prior president, who had a particular perspective on immigration, never shut down the border. There needs to be buy-in from Congress that a border shutdown is necessary, which there never has been.”

. . . .

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

You can read the full article at the link.

Professor Benitez modestly quipped that this was: “My five seconds of fame on Spectrum News!”

You are always in the “NDPA Hall of Fame,” my friend!

🇺🇸Due Process Forever!

PWS

02-10-24