Category: Family Immigration

TWO NEW FROM TAL @ CNN: 1) DACA Machinations Continue In GOP House; 2) Nielsen Tries To Defend Kiddie Detention: “[S]imilar things happen in the criminal courts in the US ‘every day.’”

Lawmakers who support DACA say they ‘already have the votes’ to force House debate

By: Tal Kopan, CNN

An effort to force a House vote on immigration didn’t pick up any new supporters Tuesday night, but its backers say they are already sure it will reach enough signatures to hit the floor.

“We are extremely confident we already have the votes,” Republican Rep. Jeff Denham of California said as he walked onto the House floor for the first votes of the week, which was the first opportunity lawmakers had to sign the measure since last week.

He walked into the Capitol with Republican Rep. Carlos Curbelo of Florida, who filed the so-called discharge petition on Denham’s rule, which brings a floor vote on the Deferred Action for Childhood Arrivals policy. DACA protected young undocumented immigrants who came to the US as children, but President Donald Trump has decided to end it, though courts have temporarily paused that plan.

The two lawmakers are leading the charge among a group of moderate Republicans who are bucking their party leadership to push forward the petition, which circumvents leadership and the committee process.

If the petition can pick up 25 Republican signatures and those of every Democrat in the House, leadership would be forced to call four bills to the floor that address DACA. It currently has support from 18 Republicans and one Democrat, who signed earlier than the rest of her party last week because she expected to be out all of this week. The petition’s backers still expect to hit the number of signatures this week.

Denham’s rule would provide for debate and votes on four different immigration-related bills. One would be a bipartisan compromise, one would be a hardline bill supported by conservatives, one would be a Democratic bill to authorize just a version of the DACA program into law and one is completely up to House Speaker Paul Ryan — leaving him free to choose any bill.

Leadership, however, is whipping against the measure, asking moderates to not sign it and emphasizing the importance of House Republicans keeping control of legislation and solving the problem on their terms, according to a Republican leadership aide.

On Tuesday, House Speaker Paul Ryan, R-Wisconsin, and Majority Leader Kevin McCarthy, R-California, traveled to the White House “to continue the conversation about addressing our broken immigration system,” Ryan’s spokeswoman AshLee Strong said in a statement.

Plenty more: http://www.cnn.com/2018/05/15/politics/daca-house-vote-discharge-petition-update/index.html

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DHS secretary defends separating families at the border

By Tal Kopan, CNN

Homeland Security Secretary Kirstjen Nielsen on Tuesday defended an agency policy that will result in more families being separated at the border, saying, under a barrage of questions at a Senate hearing, that similar separations happen in the US “every day.”

But Nielsen also agreed with senators that more must be done to protect the children who either come to the US without their parents or are separated from them.

Nielsen was testifying Tuesday at a Senate Homeland Security and Governmental Affairs Committee hearing, where lawmakers on both sides of the aisle raised concerns about what happens to immigrant children who end up in the custody of DHS, who — by law — transfers such minors to the custody of Health and Human Services within two days.

“Once you start taking these children, please, I don’t think any record should reflect that somehow, you are confident or anybody is confident that they’re being placed in a safe and secure environment,” said Sen. Claire McCaskill, the top Democrat on the committee.

Nielsen said the department has recently instituted a policy that it will refer everyone caught crossing the border illegally for prosecution, even if they are claiming they deserve asylum or have small children. Any parents who are prosecuted as a result will be separated from their children in the process.

Nielsen said similar things happen in the criminal courts in the US “every day.”

More: http://www.cnn.com/2018/05/15/politics/dhs-separating-families-secretary-nielsen-hearing/index.html

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  • Re DACA: I’d never estimate the ability of the Freedom Caucus, Chairman Goodlatte, GOP restrictionists, and the White House to throw a monkey wrench in any sensible DACA resolution.
  • RE Kiddie Detention (a/k/a “Government Sponsored Child Abuse”):
    • Sorry KN, but this isn’t really what happens “every day in criminal courts in the U.S.”
      • Most first time misdemeanor offenders are either:
        • Not charged at all;
        • Sent to a pretrial diversion; or
        • Released on recognizance or a minimal bond.
      • Most criminal court judges in the US try very hard to avoid situations where children have to be placed in government custody, for both cost and humanitarian reasons.
        • In one criminal case that actually was involved with, the sentencing judge made it a point to sentence the husband and wife, who both were convicted, to serve their terms consecutively so that the children would not be without parental custody and supervision.
      • Just another of the many examples of the Trump Administration “working to the lowest common denominator” rather than trying to use the power of the Federal government to elevate standards.
      • According to other reports in today’s news, the DHS is working to place migrant children on U.S. Military Bases. Wow, what a colossal abuse of both the justice system and the purpose of military bases!
    • KN and her sycophant colleagues will not be able to escape the judgment of history for what they are doing.
      • Also, kids have long memories. Look at what happened to all of the Catholic priests and their superiors who thought that they would be able to avoid responsibility for child abuse!
        • Helpless, abused kids eventually grow up to be angry, empowered, and motivated adults who will seek to expose and bring to justice their abusers and tormentors!

PWS

05-16-18

 

Related posts:

  1. TRUMP TREATS KIDS AS HUMAN PAWNS IN UGLY POLITICAL CHESS GAME – Administration’s Continued Spreading Of False Narrative On Migration Makes Continuing Migration Outside of Legal System Inevitable!
  2. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
  3. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 
  4. CHILD ABUSE: COWARDLY ADMINISTRATION USES FALSE NARRATIVES & DISTORTED FACTS TO ATTACK PROTECTIONS FOR REFUGEE CHILDREN — Our National Morality & Human Decency In Free-fall Under Trump! — “It has been national law and policy that as adults we look out for children …. No longer.”

“NEO KNOW NOTHING” KELLY LOBS RACIAL GRENADES AT HARD-WORKING MIGRANTS & THEIR “ASSIMILATION” — “Like Trump and Attorney General Jeff Sessions, Kelly has made it clear that ‘law and order’ — perhaps based on stereotypical ideas of outsiders — will be the dominant philosophy he employs when responding to immigrants seeking the American Dream that Kelly’s ancestors pursued.”

https://www.washingtonpost.com/news/the-fix/wp/2018/05/11/john-kellys-assimilation-into-a-hard-line-stance-against-illegal-immigrants/?utm_term=.e2507001a73c

Eugene Scott writes in “The Fix” @  WashPost:

White House Chief of Staff John F. Kelly provided another reminder that he continues to support President Trump’s hard-line immigration policies in an NPR interview that aired Friday.

Kelly was defending the Justice Department’s policy that includes separating children from parents being prosecuted for  immigrating illegally into the United States, when he told NPR that undocumented immigrants do not “easily assimilate” into American culture. Here’s what he said:

The vast majority of the people that move illegally into the United States are not bad people. They’re not criminals. They’re not MS-13. … But they’re also not people that would easily assimilate into the United States, into our modern society. They’re overwhelmingly rural people. In the countries they come from, fourth-, fifth-, sixth-grade educations are kind of the norm. They don’t speak English; obviously that’s a big thing. … They don’t integrate well; they don’t have skills. They’re not bad people. They’re coming here for a reason. And I sympathize with the reason. But the laws are the laws. … The big point is they elected to come illegally into the United States, and this is a technique that no one hopes will be used extensively or for very long.

Kelly’s belief is a popular one from hard-line conservative groups, and that line of thinking often extends to claims that undocumented and legal immigrants are more of a drain on the American economy than an asset.

In a 2016 piece on welfare use in immigrant households published by the Center for Immigration Studies, a nonprofit group advocating for lower immigration, Jason Richwine claims that both legal and illegal immigrant households cost taxpayers more than native citizens in welfare dollars than the average household of native-born citizens, and that “The greater consumption of welfare dollars by immigrants can be explained in large part by their lower level of education and larger number of children compared to natives.”

However, other right-leaning think tanks disputed the findings in the CIS report. The Cato Institute, a libertarian think tank, picked apart the methodology used by CIS to support their claims, calling their findings “exaggerated.”

CIS — and many hard-liners on immigration — don’t want to see less illegal immigration. They want to see less immigration period, wrote Alex Nowrasteh, a senior immigration policy analyst at Cato. If they can argue that immigrants struggle to “Americanize” well and instead end up draining this country’s resources, they hope lawmakers will back policy ideas that keep immigration numbers as close to zero as possible.

It’s true that immigrants from rural communities, with little education, no command of English and a lack of skills to gain meaningful employment do not find assimilating into “modern society” easy. But it’s not impossible. Beginning more than a century ago, nearly 2 million immigrants from Ireland — the country from which Kelly’s ancestors descend — came to the United States, where they faced harsh backlash from native citizens. People of Irish heritage now make up 10 percent of the U.S. population, according to the Census Bureau.

As with previous cases, not all of Kelly’s statements Friday totally meshed with the president’s.

In the same NPR interview, Kelly spoke in favor of granting a path to citizenship for immigrants who have been in the United States under temporary protected status from countries like El Salvador, Haiti and Honduras, if they had been here long enough to assimilate.

You take the Central Americans that have been here 20-plus years. I mean if you really start looking at them and saying, “Okay, you know you’ve been here 20 years. What have you done with your life?” Well, I’ve met an American guy and I have three children and I’ve worked and gotten a degree or I’m a brick mason or something like that. That’s what I think we should do — for the ones that have been here for shorter periods of time, the whatever it was that gave them TPS status in the first place. If that is solved back in their home countries they should go home.

Still, Kelly’s strong stance against illegal immigration will probably land well with Trump’s base, and could help him remain in good favor with his boss despite frequent reports that Trump is often frustrated with Kelly’s performance in other areas. Kelly spoke to NPR the same day Trump reportedly unleashed a tirade on Homeland Security Secretary Kirstjen Nielsen, a close Kelly ally, over what Trump views as unsatisfactory border security.

But it’s worth highlighting that significant percentages of Americans don’t share the Trump White House’s hardest positions on immigration. And separating children from their parents has previously been a line that even conservatives did not want to cross.

Like Trump and Attorney General Jeff Sessions, Kelly has made it clear that “law and order” — perhaps based on stereotypical ideas of outsiders — will be the dominant philosophy he employs when responding to immigrants seeking the American Dream that Kelly’s ancestors pursued.

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Also in the Post, Karen Tumulty provides a little history lesson to Kelly:

White House Chief of Staff John F. Kelly wants you to know that he does not think most immigrants who come to this country illegally are bad people. His concern, as he explained it in an interview with National Public Radio on Thursday, is that they are “overwhelmingly rural people,” with little education. “They’re also not people that would easily assimilate into the United States into our modern society,” he said.

It would be disturbing to hear any person in a position of trust express such lack of regard for the fundamental values that have made this country what it is. But in Kelly’s case, it was particularly egregious because … well, because his name is Kelly.

His ancestors came from Ireland, as mine did. He grew up on Bigelow Street in the Brighton neighborhood of Boston, where reminders of his heritage — and of the opportunities made possible by his immigrant forebears — would have been everywhere he looked.

The Irish came to America with plenty of assimilation challenges of their own. They had mostly lived in rural areas, which made it difficult for them to adjust to the big cities in which they found themselves. They had little education. As they were fleeing seven years of famine, few had been able to scrape together more than the fare to get them on the boat over.  They arrived hungry and sick after a journey that lasted four weeks. They were seen as lazy and shiftless. In the 1850s, 70 percent of charity recipients in New York City were Irish.

They were hated for their religion as well. In Boston, posters proclaimed: “All Catholics and all persons who favor the Catholic Church are … vile imposters, liars, villains, and cowardly cutthroats.” Some back then might have said that when Ireland sent its people, they were not sending their best.

That wave of Irish immigration arrival sparked a nativist backlash, and even a new political party, The Know-Nothings. This was no mere fringe movement, as Smithsonian Magazine has noted:

At its height in the 1850s, the Know Nothing party, originally called the American Party, included more than 100 elected congressmen, eight governors, a controlling share of half-a-dozen state legislatures from Massachusetts to California, and thousands of local politicians. Party members supported deportation of foreign beggars and criminals; a 21-year naturalization period for immigrants; mandatory Bible reading in schools; and the elimination of all Catholics from public office. They wanted to restore their vision of what America should look like with temperance, Protestantism, self-reliance, with American nationality and work ethic enshrined as the nation’s highest values.

Does all that sound familiar? There are still Know-Nothings among us. They are the people who forget their own history.

https://www.washingtonpost.com/blogs/post-partisan/wp/2018/05/11/john-kellys-know-nothingism/?noredirect=on&utm_term=.3f18462ae01f

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Yeah, but Kelly’s ancestors were (presumably) White. So, in the long run that outweighed their (presumed) Catholicism and made them OK (but only in retrospect).

I met migrants, legal, undocumented, first generation, second generation in my courtroom every working day for more than a decade. The vast majority have skills, lots of them, along with courage, resourcefulness, a work ethic, determination, and persistence that would put most “native-born Americans” to shame, particularly Trump, his family, and his boorish, overprivileged, under-humanized cronies.

The skills migrants often bring — working with crops, construction, child care, elder care, cleaning, repairing, building, cooking, teaching, coaching, running small businesses are absolutely essential to our economic survival. They just aren’t the skills that are recognized and respected by arrogant, bigoted, members of the privileged classes like Trump, Kelly, Sessions, Cotton, Pence, etc. But, as I’ve pointed out before, none those restrictionists would last very long or be very valuable picking lettuce or laying shingles in the hot sun.

And, many migrants don’t “choose” to come here outside the legal system. Conditions in their home countries, along with the US’s stubborn refusal (magnified by this Administration) to set up viable overseas refugee processing in Central America leaves many no realistic choice but to come here to seek refuge through our asylum system.

Under both U.S. and international law they have every right to seek refuge in the U.S. and to receive humane treatment and a fair and unbiased determination of their claims for protection — something that is not happening under the current system as administered under the toxic, biased, and often lawless leadership of Trump & Sessions. Such refugee migrations have been taking place for decades and will continue, in some form or another, until the problems causing individuals to flee their home countries are addressed by leaders much wiser, more talented, and less bigoted than Trump, Sessions, Pence, and Kelly.

Also, just how are folks being encouraged to “assimilate” by an Administration that spreads racial slurs, bias, and false narratives, encourages racists within its own “base,” advances bogus rationales to terminate the legal status of many long-time residents, rails mindlessly against legal immigration, and actually prides itself on destroying migrant families and spreading terror and fear among ethnic communities?

Another of my predictions coming true: Kelly’s reputation and integrity will fit in a thimble with plenty of space left over by the time he finally parts ways with “Don the Con” and his ugly, dysfunctional White House Circus.

PWS

05-14-18

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
  3. WALL? WHAT WALL? – BUREAUCRATIC BARRIERS BEST BAR TO (NEEDED) IMMIGRATION (Hey, I Could’ve Told ‘Em That!) – But, White Nationalist Goal Of Returning To A “White America” Ultimately Doomed — “You can slow the rate of Latino and Asian immigration, but it won’t make the population whiter,”. . . “It will just become less white at a slower pace.”
  4. WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”

NIELSEN FINDS BEING A SPINELESS SYCOPHANT NOT ENOUGH TO PROTECT HER FROM TRUMP’S WRATH – “Don The Con” Blames Hapless DHS Sec. For Thousands Of Years Of Human Migration Patterns, US Constitution, US Code, Rule Of Law, & Judeo Christian Teachings On Compassion & Kindness To Strangers & The Vulnerable!

https://www.washingtonpost.com/world/national-security/trump-unloads-on-homeland-security-secretary-in-lengthy-immigration-tirade/2018/05/10/f0ded152-54a0-11e8-9c91-7dab596e8252_story.html?utm_term=.8616d78d08fa

Josh Dawsey & Nick Miroff report for WashPost:

President Trump berated Homeland Security Secretary Kirstjen Nielsen in a dispiriting Cabinet meeting on immigration Wednesday, according to three administration officials, but her colleagues denied reports that she has threatened to quit.

Trump lashed out at his Cabinet, and Nielsen in particular, when told that the number of people arrested for illegally crossing the Mexico border topped 50,000 for the second consecutive month. The blowup lasted more than 30 minutes, according to a person with knowledge of what transpired, as Trump’s face reddened and he raised his voice, saying Nielsen needed to “close down” the border.

“Why don’t you have solutions? How is this still happening?” he said, adding later, “We need to shut it down. We’re closed.”

Administration officials spoke on the condition of anonymity to provide a candid account of the private meeting.

Trump’s tirade went on so long that many present began fidgeting in their seats and flashing grimaces, White House aides said. Eventually, the topic moved on to health care, bringing relief to many in the room.

Trump’s outburst at Nielsen was first reported Thursday by the New York Times.

The president’s eruption was witnessed by Cabinet members plus a number of senior White House officials — including counselor Kellyanne Conway, advisers Jared Kushner and Ivanka Trump, press secretary Sarah Huckabee Sanders, immigration adviser Stephen Miller and chief economic adviser Larry Kudlow.

Nielsen battled back, one person said, telling Trump that laws limit some of what she could do to block the flow of undocumented immigrants. Attorney General Jeff Sessions defended her, saying the administration was looking for new ways to deter illegal crossings.

Mostly, though, Nielsen struggled to get a word in, said one senior official.

The New York Times and Politico reported that Nielsen, who began the job in December, drafted a resignation letter. In a statement Thursday, a spokesman for the agency said that was false. Two senior White House officials described Nielsen as upset after the meeting, but said they were unaware of such a letter or threats to resign.

One White House official said Nielsen was in the building again Thursday. Hogan Gidley, a White House spokesman, did not respond to emails and phone calls seeking comment.

One person close to Nielsen said she is unlikely to resign. “She feels like she’s doing the best she can and doing a good job on immigration, but she also has to follow the law,” this person said. “It’s frustrating to have your boss unhappy about that.”

Homeland Security’s deputy secretary position is vacant, so there would be no immediate replacement if Nielsen were to step down.

Trump has never viewed Nielsen favorably, and complains to colleagues that she is “not tough enough,” according to a senior White House official. He reminds staff that she was a “George W. Bush person” because of her previous tenure as a White House Homeland Security adviser.

In recent weeks, Nielsen has announced measures aimed at deterring illegal migration, including criminal prosecutions for parents who cross the border illegally with their children. Families are typically broken up in those circumstances, as federal immigration agents send children to government shelters while their mothers and fathers remain in custody awaiting court dates.

Trump has asked for frequent updates about the number of people attempting to cross the border illegally and has grown increasingly irritated at the recent trends.

A caravan of Central American migrants traveling through Mexico seized the president’s attention this spring, and in the weeks that followed he frequently asked Homeland Security for updates, administration officials said.

Illegal crossings plunged in the early phase of Trump’s presidency, but have since returned to levels consistent with the last several years of the Obama administration. Arrests along the border with Mexico typically rise during springtime, when migrants seeking jobs on U.S. farms and ranches return for the summer growing season.

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  • Spinelessness usually isn’t the best policy. Ask “Speaker Paul” how it worked out for him. Cabinet Members are only along for the short ride in any event; why not “do the right thing,” speak “truth to power,” and let the chips fall where they may? Just ask the ghost of Elliott Richardson who “Just said no” to Nixon’s lawless demand to fire the Special Prosecutor!
  • Immigration and border control are well within normal levels — actually the border is under somewhat better control. Instead of just noting that and moving on to more important issues, Trump unwisely claimed “miraculous powers” of deterrence stemming from his bombastic, anti-immigrant, racist statements last year. Most experts said that was stupid. Now that it has, in fact, proved to be stupid, Trump, as usual, needs to blame someone else. And, the lightweight sycophant Nielsen is the perfect “punching bag” for “Don the Con.”
  • The story of “The Good Samaritan” reimagined with “Don the Con:” He would have head stomped the helpless victim to death and left the body in the middle of the dusty road as a deterrent.

PWS

05-13-18

Related posts:

  1. CRUEL & UNUSUAL PUNISHMENT: DHS KAKISTOCRACY WANTS TO TARGET FAMILIES WITH CHILDREN FOR SEPARATION AND CRIMINAL PROSECUTION OF PARENTS AS PART OF WAR ON HUMANITY AT OUR SOUTHERN BORDER – Every American Will Bear The Stain Of Our Government’s Actions!
  2. TRUMP TREATS KIDS AS HUMAN PAWNS IN UGLY POLITICAL CHESS GAME – Administration’s Continued Spreading Of False Narrative On Migration Makes Continuing Migration Outside of Legal System Inevitable!
  3. CALL OUT THE CAVALRY, WE NEED REINFORCEMENTS! – “CARAVAN” OF A FEW HUNDRED MEEK REFUGEE WOMEN & CHILDREN REACH S. BORDER, THREATEN TO EXERCISE LEGAL RIGHTS TO APPLY FOR ASYLUM, AS TRUMP, SESSIONS, NIELSEN, HOMAN, & CO. COWER IN FEAR WITHIN “FORTRESS AMERICA” — Trump Administration Views Individual Constitutional Rights As “Dangerous Loopholes” & “Threats To National Security” That Must Be Eliminated – “Grandfathering” Sought For Current & Former Trump Officials, Friends, Family Who Might Need To Assert Fifth Amendment Right Against Self-Incrimination!
  4. SPRINT TO THE BOTTOM: Trump Administration Trashes Refugees & Human Rights In A Despicable Return To “1939-Style Fascism Lite!” — America’s Rancid Conduct & Negative Leadership Presages Another Worldwide Refugee Tragedy — This Time The Blood Will Be Directly On Our Hands!

GONZO’S WORLD: GONZO DISSES FIRST LADY’S KINDNESS TO KIDS PROGRAM AT ROLLOUT! — His Official Policy Of Child Abuse Will Have Long Term Adverse Effects – US Will Go Down In Infamy As Nation That Enabled Traumatization Of Vulnerable Children!

https://www.washingtonpost.com/opinions/melania-trump-and-jeff-sessions-need-a-heart-to-heart/2018/05/09/3b6547b2-53be-11e8-abd8-265bd07a9859_story.html?noredirect=on&utm_term=.cd4e5d47d2ee

Irwin Redlener writes in the Washington Post:

. . . .

It is hard to imagine a more stressful situation for a young child than to be forcibly taken from his or her parents and detained with strangers. Sometimes this unfortunate outcome is necessary when children are the victims of parental violence or severe neglect. But in the case of current U.S. policy as articulated by the attorney general, the “abuser” is the federal government.

Forced separation of children and their parents is “child abuse by government.” And in this case, knowing what we now know about the consequences of severe stress in children, it is no stretch to assert that these new federal policies are not just cruel but also can have lifelong consequences for their child victims.

If Melania Trump meant what she said about children, she might want to organize a heart-to-heart meeting with the attorney general — and with her husband. Maybe the first lady could advocate for policies that reflect the spirit of her new agenda and a commitment to protect vulnerable families seeking safety and opportunity in the United States.

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Read the complete, very disturbing, article at the link. What kind of country with what kind of values puts a child abuser in charge of its legal system? Under Trump & Sessions, America has gone from a defender to an abuser of human rights. Sessions is a refutation of human decency every day that he is allowed to remain in the office for which he was so spectacularly unqualified in the first place.

Senator Liz Warren was right. Remember McConnell and the other smug Republicans who put this horrible individual in place to damage our youth and our reputation as a nation of laws, decency,  and human compassion.

PWS

05-12-18

Related posts:

  1. SPRINT TO THE BOTTOM: Trump Administration Trashes Refugees & Human Rights In A Despicable Return To “1939-Style Fascism Lite!” — America’s Rancid Conduct & Negative Leadership Presages Another Worldwide Refugee Tragedy — This Time The Blood Will Be Directly On Our Hands!
  2. FOUR TODDLERS RESCUED BY PRO BONO LAWYERS FROM DEADLY SITUATION IN CBP CUSTODY — Putrid, Unsanitary, Repressive Conditions Causing Lifetime Harm To Other Traumatized Kids — But, Border Patrol Chief Carla Provost Wants You To Know That She’s Not Taking Responsibility For The Humanitarian Disaster Intentionally Engineered On Her Watch!
  3. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  4. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 

ERIC LEVITZ @ NY MAGGIE & THE DAILY INTELLIGENCER: WHAT A “GREAT WEEK” IN TRUMPISM LOOKS LIKE: “[H]e has implemented an immigration policy that serves white nationalist aims to a degree without modern precedent; elevated corruption into a philosophy of government; and prioritized spectacle over substance in his approach to foreign affairs to the point that America’s geopolitical strategy is now less neoconservative or isolationist or realist than it is nihilistic.”

http://nymag.com/daily/intelligencer/2018/05/trump-has-never-been-more-racist-corrupt-or-belligerent.html?utm_source=Sailthru&utm_medium=email&utm_campaign=Daily%20Intelligencer%20-%20May%2010%2C%202018&utm_term=Subscription%20List%20-%20Daily%20Intelligencer%20%281%20Year%29

Eric Levitz writes in The Intellingencer and NY Maggie:

In certain respects, Donald Trump has been a far more “normal” Republican president than many pundits had predicted (or are willing to admit). Upon taking office, the mogul left his most heretical deviations from GOP dogma at the White House gates: The “populist” insurgent’s welfare chauvinism gave way to Paul Ryanism; his neo-isolationism, to something resembling conventional right-wing hawkery; his gestures of tolerance toward “the LGBT community,” to the pious persecution of transgender Americans.

On other fronts, the president’s apparent abnormality has had less to do with his ingenuity than with our collective amnesia: There is nothing abnormal about a Republican administration launching a crusade against voter fraud that is, in reality, a crusade against Democratic voter participation; or about one imposing tariffs on foreign steel; or running up the deficit; or sabotaging regulatory agencies; or even politicizing federal law enforcement.

And yet, it would be a mistake to suggest that Trump’s innovations have been purely stylistic, that he’s merely stamped his garish branding on the GOP’s classic product. Beyond the unprecedented illiberalism of the president’s rhetoric, his approach to governance has been substantively distinctive enough to warrant its own title. Trumpism is real.

True, the president hasn’t converted his party to the populist paleoconservatism he preached on the campaign trail. But he hasimplemented an immigration policy that serves white nationalist aims to a degree without modern precedent; elevated corruption into a philosophy of government; and prioritized spectacle over substance in his approach to foreign affairs to the point that America’s geopolitical strategy is now less neoconservative or isolationist or realist than it is nihilistic.

Taken together, these innovations amount to a novel variation on the conservatism Trump inherited — one that truly came into its own this past week. To see why this is the case, consider three developments from the past five days:

(1) The White House stripped legal status from 57,000 Honduran immigrants — who had been residing in the United States for decades — over the fervent objections of the State Department.

American immigration policy has long been cruel, and shaped by nativist fears. Donald Trump’s approach to policing undocumented immigration is less distinct from Barack Obama’s than many of the latter’s admirers would like to believe.

Nevertheless, the current administration’s overall immigration agenda is markedly different from those of its predecessors. Racist cruelty is not merely a feature of Trumpist immigration policy, but its first principle: The White House’s overriding goal is to inflict terror and suffering on America’s nonwhite noncitizens, as a means of combating “the ceaseless importation of Third World foreigners with no tradition of, taste for, or experience in liberty” — as former White House national security adviser Michael Anton once described America’s status quo immigration regime. (The president gave less eloquent expression to this same worldview, when he insisted that America did need not any more immigrants from “shithole countries.”)

This reality is best illustrated by Trump’s treatment of immigrants with temporary protected status (TPS). Established by Congress in 1990, TPS allows migrants whose home countries have been destabilized by natural disasters or civil strife to live and work in the U.S. legally, on a temporary basis. In practice, it has provided hundreds of thousands of immigrants from the developing world with de facto permanent residency in the U.S. Over the past two decades, various earthquakes and hurricanes led the United States to give large numbers of Salvadorans, Haitians, and Hondurans TPS; then, the resiliently adverse political and economic conditions in those countries led our government to allow those migrants to keep their protected status, indefinitely.

Many of these immigrants have now lived the majority of their adult lives in the United States. Some have started families here — TPS recipients are the fathers and mothers of an estimated 273,000 U.S.-born children, all of whom are entitled to American citizenship. In a different political era, Congress might have passed legislation providing this population with permanent legal status by now. But with comprehensive immigration reform paralyzed on Capitol Hill, previous administrations — Democratic and Republican — have simply allowed TPS recipients to renew their protected status every 18 months. After all, what good would be served by deporting hardworking, longtime U.S. residents, who are raising American citizens, back to countries plagued by poverty and violence?

The Trump White House refuses to answer that question.

Instead, it has moved to deport 300,000 Central American and Haitian TPS recipients without providing any justification beyond a transparently fraudulent appeal to legal necessity: Homeland Security Secretary Kirstjen Nielsen has insisted that her hands are tied — the administration is legally obligated to withdraw these immigrants’ protections once the conditions that prompted them subside. Honduras has recovered from Hurricane Mitch; “temporary” means temporary. If Congress wishes to give these people permanent status, it can do so.

But this narrative is patently false: U.S. law requires the Executive branch to consider whether the TPS recipients’ home countries are stable enough to accept a large number of deportees before it terminates their protected status. And as the Washington Postrevealed this week, career officials in the departments of State and Homeland Security concluded that those countries weren’t. In fact, U.S. diplomats warned the White House that deporting TPS recipients en masse was likely to produce a “bonanza for smuggling networks and gangs,” as many of those longtime U.S. residents would seek extralegal means of returning to this country.

The administration ignored this advice. When Acting Homeland Security Secretary Elaine Duke extended protections for Hondurans last fall, John Kelly called her from Asia “to convey his frustration,” while Stephen Miller hectored other DHS staff. Duke resigned in February; last Friday, the administration moved to expel the 57,000 Honduran recipients of TPS, despite the fact that their home country is suffering from an epidemic of gang violence so severe, many of its citizens joined the caravan that marched from Central America to the U.S. border just last month.

Between the 300,000 immigrants stripped of TPS and the 700,000 Dreamers denied DACA, the Trump administration has attempted to revoke the legal status of roughly 1 million longtime U.S. residents; all while offering no explanation for its actions beyond the bogus claim that they were legally required.

The reason that the White House has neglected to disclose the actual rationale behind these policies is simple: Its true motivation is too incendiary to formally acknowledge.

You cannot expel immigrants who have been thriving in the U.S. for two decades, out of concern that they might prove unable to assimilate. You can’t deport a population that has a higher labor-force participation rate than native-born Americans on the grounds that it will be a burden on the U.S. economy. You cannot claim that your immigration policy is motivated by concern for public safety, when you move to deport law-abiding longtime residents — even though your diplomats warn that doing so will benefit criminal gangs and smugglers. And you certainly can’t claim that your hard-line immigration agenda puts the interests of all American citizens first, when you’re trying to separate hundreds of thousands of American citizens from their mothers and fathers. None of the polite restrictionist arguments apply.

But an impolite argument does: If the Trump administration’s goal is to combat the demographic threat posed by America’s rising population of “Third World foreigners,” then its TPS policy makes perfect sense. Trump can’t stem the tide of new, nonwhite immigrants without Congress’s help. But he can expel those with only a temporary claim to legal residence. And so that is what he has done. Which is to say: A mild form of ethnic cleansing is now a cornerstone of American immigration policy.

Protecting the racial character of the United States was an explicit goal of American immigration law until 1965 — and has been an implicit one since January 2017.

. . . .

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Read the rest of Eric’s very perceptive analysis at the above link.

Yup. It’s all about racism! That’s what Trump, Sessions, Miller, Cotton, Perdue, Goodlatte, & Co. have always been about. Essentially turning America back to the pre-1965 days of “national origins” immigration.

And, I’m pleased that someone OTM (“other than me”) finally has pinpointed the willfully false narrative behind the bogus claim that termination of TPS was “legally required.” Complete BS:

But this narrative is patently false: U.S. law requires the Executive branch to consider whether the TPS recipients’ home countries are stable enough to accept a large number of deportees before it terminates their protected status. And as the Washington Post revealed this week, career officials in the departments of State and Homeland Security concluded that those countries weren’t. In fact, U.S. diplomats warned the White House that deporting TPS recipients en masse was likely to produce a “bonanza for smuggling networks and gangs,” as many of those longtime U.S. residents would seek extralegal means of returning to this country.

Trump/Sessions racist immigration policies hurt the “good guys,” help the “bad guys,” and insure that American immigration “policies” will be a mess for decades to come. As Eric states, “A mild form of ethnic cleansing is now a cornerstone of American immigration policy.”

The only thing I’d dispute is the term “mild.” This is just the beginning. Trump, Sessions, & Co. have non-White populations of Americans, primarily Hispanics but also including African-Americans, Asian Americans, Arab Americans, etc., squarely within their sights.

Yes, there’s strength in diversity and in immigration! I’ve seen it in my courtroom and in my life. Don’t let Trump, Sessions, and their racist cronies destroy the greatness of America!

“Normalizing” Donald Trump is morally wrong and politically suicidal. Look what happened in the 1930s when the Western Powers tried to “normalize” Hitler and the Nazis. There’s nothing “normal” about White Nationalism and White Supremacy!

Join the New Due Process Army. Fight to Keep America Great!

PWS

05-11-18

Related posts:

  1. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
  2. HISTORICAL PERSPECTIVE: CLYDE W. FORD @ LA TIMES: “Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’”
  3. COURTSIDE HISTORY: HOW THE FOUNDING FATHERS’ RACISM ERASED A PRESIDENT’S DAUGHTER! — ALSO MY: “FRIDAY ESSAY — FROM MONTICELLO TO TRUMP, MILLER, SESSIONS, AND THE GOP WHITE NATIONALISTS”
  4. MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!

SOPHIA GENOVESE: “INJUSTICE AT JUSTICE” – The Immigration Court system should not be used as a political tool of the executive branch to effectuate anti-immigrant policies. Rather, it should be an independent system that is committed to the fair adjudication and implementation of our immigration laws.”

http://blog.cyrusmehta.com/2018/05/assembly-line-injustice-how-the-implementation-of-immigration-case-completion-quotas-will-eviscerate-due-process.html

Assembly Line Injustice: How the Implementation of Immigration Case Completion Quotas will Eviscerate Due Process

/0 Comments/in /by

The Executive Office for Immigration Review, under the direction of the Department of Justice, announced last year that it had reopened the Collective Bargaining Agreement with the National Association of Immigration Judges (NAIJ) to include case completion quotas in the performance evaluations of Immigration Judges. On March 30, 2018, James McHenry, the Director of the EOIR, formally announced these metrics, which require IJs to complete at least 700 cases per year, have a remand rate of less than fifteen percent, and meet half of the additional benchmarks listed in the evaluation plan, which can be found here. As pointed out by the Association of the Bar of the City of New York, “this quota translates into each judge hearing testimony and rendering decisions almost three cases per day, five days per week, 52 weeks per year.” According to several retired IJs and Former Board of Immigration Appeals (BIA) Members, such quotas raise serious due process concerns and will result in a system that is less focused on justice and appearing “more like an assembly line.”

There are a number of issues with the EOIR case completion quotas. First, these quotas may force IJs to breach their ethical obligations. Specifically, the new completion quotas are tied to the financial incentives of IJs, where the performance evaluations affect IJs’ job security and eligibility for raises. IJs are not given life appointments and can be easily removed from the bench by the Attorney General if he finds them to not be meeting these performance thresholds. Thus, IJs may be encouraged to render hasty decisions in order to satisfy these case completion quotas and receive a good review (and thus a raise) instead of making decisions based on what is proper for the cases in front of them. Having such a financial incentive in the completion of a case arguably forces an IJ to violate 5 C.F.R. §§ 2635.401 to 2635.403,[i] which prohibits IJs from participating in proceedings where he or she has a financial interest. Additionally, IJs must be impartial in their decision-making under 5 C.F.R. § 2635.101(b)(8). It is hard for an IJ to remain impartial when pressured with impossible case completion standards especially when a case is meritorious but an IJ may not grant a continuance for legitimate reasons.

The case completion quotas also violate 8 C.F.R. § 1003.10(b), which provides: “In deciding the individual cases before them, and subject to the applicable governing standards, immigration judges shall exercise their independent judgement and discretion and may take any action consistent with their authorities under the Act and regulations that is appropriate and necessary for the disposition of such cases.” For example, an attorney may have been only recently retained by an asylum-seeker, and may request a continuance in order to gather and assemble evidence that is vital for the asylum-seeker’s claim. Under ordinary circumstances, an IJ would likely grant such a continuance as it would be considered proper under INA § 240(b)(4)(B) which affords a “reasonable opportunity…to present evidence” on one’s behalf. However, under the quota system, an IJ may feel pressure to deny the motion for continuance and may ultimately deny the asylum claim because the asylum-seeker was not afforded sufficient time to present their case. Such an outcome clearly violates 8 C.F.R. § 1003.10(b) and INA § 240(b)(4)(B) where the IJ is stripped of their independent decision-making authority where they feel pressured to quickly close out a case despite compelling reasons to grant a continuance, and where the asylum-seeker is not afforded a reasonable opportunity to be heard.

Another example is an individual placed in removal proceedings who is the intending beneficiary of a pending I-130 with USCIS. Typically, USCIS takes several months to adjudicate an I-130, and thus, attorneys for respondents file motions for continuance with the IJ until the USCIS has rendered a decision which will determine the respondent’s eligibility for relief from removal. Under the new case quota system, IJs will be less inclined to grant such continuances. This hypothetical similarly implicates 8 C.F.R. § 1003.10(b) and INA § 240(b)(4)(B), as described above. Moreover, the IJ’s denial of the continuance here would violate Matter of Hashmi, 24 I&N Dec. 785, 793-94 (BIA 2009) where the Board held that compliance with a IJ’s case completion goals “is not a proper factor in deciding a continuance request” where there is an meritorious pending I-130. We’ve previously blogged about AG Sessions’ stripping of judicial independence through his self-referral of  Matter of L-A-B-R- et al, 27 I&N Dec. 245 (AG 2018), which can be found here.

The case completion quotas will also lead to an unprecedented number of BIA and federal court appeals. This would needlessly increase the BIA’s backlog and indeed affect the dockets of the federal court systems, resulting in the tremendous waste of taxpayer’s dollars where a proper decision could have been rendered at the IJ level. In addition, the number of remanded cases may exceed fifteen percent, and thus, the IJ would again fail to meet the performance metrics in their performance evaluation.

There is no denying that the Immigration Courts face tremendous pressure to address the ballooning backlog of cases. As of this writing, there are 692,298 pending cases in Immigration Courts across the country, with only approximately 330 judges to hear them. Advocates during the Obama-era consistently advocated for the appointment of more IJs to address the backlog. However, in the Trump-era, advocate are now skeptical of such a move where it is clear that this Administration seeks to deport as many people as possible. Indeed, the Department of Justice, headed by Jeff Sessions, has celebrated deportations under the Trump Administration. Such an emphasis on deportation, as opposed to fair adjudication of claims, undermines the independence and impartiality of IJs. The implementation of the DOJ/EOIR case completion quotas will undoubtedly lead to a rise in unfair hearings and erroneous deportations, which is exactly what this Administration wants. The appointment of Trump-supporting IJs will only exacerbate the problem.

For many years, the NAIJ has advocated for the creation of an Article I Immigration Court that is independent of the political whims of the Department of Justice. Under the current Administration, and in light of the newly imposed DOJ/EOIR performance quota metrics, these calls have never been more relevant. The Immigration Court system should not be used as a political tool of the executive branch to effectuate anti-immigrant policies. Rather, it should be an independent system that is committed to the fair adjudication and implementation of our immigration laws. The case completion quotas will undoubtedly undermine the integrity of our immigration system and should be vigorously challenged by IJs and practitioners.

[i] The author acknowledges that 5 CFR § 2635.402 directly implicates 18 U.S.C. 208(a), a criminal statute. This author suggests that the EOIR case completion quotas may jeopardize an IJ’s ethical obligations where their financial interests are directly and predictably impacted by blind adherence to such arbitrary quotas. Criminal liability for these actions, however, goes beyond the scope of this article.

Download PDF
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WOW! What a clear statement of the illegal and unconstitutional actions going on at the U.S. Department of Justice under Jeff Sessions! So, why are Congress and the Article III courts going along with this obvious perversion of our legal system? As with the Civil War and the Jim Crow era, the names of those who “went along to get along” eventually will be tarnished forever in posterity.
PWS
05-11-18

Related posts:

  1. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  2. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 
  3. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  4. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 

WASHINGTON POST EDITORIAL BOARD: MALICIOUS DEMAGOGUE SESSIONS LIES & ABUSES CHILDREN IN SUPPORT OF HIS XENOPHOBIC IMMIGRATION AGENDA!

https://www.washingtonpost.com/opinions/jeff-sessionss-breathtaking-policy-of-malice-toward-migrants/2018/05/08/026d4764-52d5-11e8-9c91-7dab596e8252_story.html?utm_term=.815ff4098582

The Post’s View

Opinion

Jeff Sessions’s breathtaking policy of malice toward migrants

 
A child traveling with migrants from Central America waits to enter the U.S. border and customs facility on April 29. (Jorge Duenes/Reuters)
By Editorial Board May 8 at 7:55 PM

ATTORNEY GENERAL Jeff Sessions is indifferent about whether undocumented immigrants crossing into the United States are simply seeking a better life for themselves and their families or whether they are fleeing domestic abuse, drug cartels, extortion rackets or political violence. It’s all the same to Mr. Sessions, who said Monday that all those who come into the country illegally would be prosecuted — and separated from their children in the bargain. Thus has the top law enforcement official in the United States enshrined callousness as administration policy.

Will babies be separated from nursing mothers? Will toddlers be housed in institutions far from parents? How many children will be traumatized by being carted away from their parents for weeks or months — or longer? The attorney general doesn’t say or, apparently, care.

Mr. Sessions’s policy of separating parents and children is intentionally and unapologetically punitive. There was no talk from him of developing additional detention centers that could accommodate families while parents await prosecution for the misdemeanor of illegal entry. There was no public recognition of the United States’ historical role as a beacon for refugees, nor its obligation in law and international treaty to accept migrants seeking asylum from danger in their native countries. There were no estimates of how many children will be removed from their parents, for how long, and with what long-term damage to their emotional and psychological welfare.

Instead, the attorney general offered indifference. Proclaiming a new policy of “zero tolerance,” he rebranded the United States as a crueler place than the countries from which people are fleeing. And never mind that, in many cases, parents are seeking refuge in this country in order to escape violence and persecution — and to protect their children.

The impetus for the new stance, of course, is President Trump, who has made clear that his crusade against all immigrants, with or without documents, knows no limits. Having washed his hands of the “dreamers,” mainly teenagers and 20-somethings raised and educated in this country after being brought here by their parents, Mr. Trump need not travel a great moral distance to upend the lives of brand-new migrant families by removing children from their parents.

The administration’s stated justification is a surge in migrants in recent months. The number of apprehensions of those coming into the country without papers, especially from Central America, has spiked from a year ago. However, the overall flow of migrants over the southwest border is near a four-decade low.

In other words, Mr. Sessions’s talk of a “massive influx” of undocumented immigrants is a falsehood. Against his incendiary vow that the administration will not allow the United States to be “invaded” and “stampeded ” is the plain truth that the southwest border is more secure, and less frequently breached, than at any time since the Nixon administration.

Yet Mr. Trump and Mr. Sessions propose a breathtaking innovation: wrenching every small child away, as a matter of policy, from his or her family. They have now matched their demagoguery on immigration with malice.

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YUP! In a highly competitive race, Gonzo Apocalypto gets my vote for “Worst Government Official in America!” Willful ignorance, arrogance, incompetence, cruelty, racism, maliciousness, dishonesty, fake religion, and lawlessness all put together in one toxic package.

PWS

05-11-18

 

 

Related posts:

  1. TRUMP’S IMMIGRATION “POLICIES” ARE BASED ON RACISM, CRUELTY, LIES, & KNOWINGLY FALSE NARRATIVES — THE GOP HAS SOMETIMES ENCOURAGED, & OTHER TIMES ENABLED, THESE OUTRAGES AGAINST HUMANITY & THE RULE OF LAW — Now Some Accountability For These Despicable Actions Are On the Horizon!
  2. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 
  3. HAPPY NEW YEAR FROM COURTSIDE! — I Take A Look Forward @ 2019’s Big Immigration Stories
  4. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”

NO, IT’S NOT “NORMAL DEVIATION:” U.S. IMMIGRATION JUDGE V. STUART COUCH’S RECORD ON CENTRAL AMERICAN WOMEN CLAIMING ASYLUM BASED ON A-R-C-G- SHOWS DEVIANT JUDICIAL BEHAVIOR, BIAS, & INSUFFICIENT CONTROL BY THE BIA – These Are The Glaring Problems Demeaning Due Process In Today’s U.S. Immigration Courts!– Yet, Jeff Sessions Appears Determined To Reinforce Bias and Denial Of Due Process Rather Than Solving The REAL Problems!

FOIA results: evidence of Immigration Judge V. Stuart Couch’s shocking prejudgment of all domestic violence asylum claims

by Bryan Johnson on April 20, 2018

At the bottom, readers will find the all of the decisions of Immigration Judge V. Stuart Couch that resulted in BIA remands for the Fiscal Year of 2017.

Time and time again, IJ Couch’s decisions denying victims of domestic violence asylum contain carbon copy language.

Thus, it is clear that IJ Couch’s has been prejudging all claims that have a history of domestic violence, and quite literally copying and pasting language he used to deny other domestic violence victims asylum. The following is one of his favorite passages to copy and paste.

The respondent’s evidence reflects that [the] physical and verbal abuse of her was related to his violent and jealous nature…The evidence in this case is more consistent with acts of general violence and therefore does not constitute evidence of persecution based on a statutorily protected ground.

Immediately below, I have excerpted key parts of the BIA & IJ Couch decisions. A clear pattern has emerged: IJ Couch does not grant asylum to women who are victims of domestic violence, despite clear instructions to the contrary from the BIA.

 

Pages 31-48: 

Immigration Judge’s decision:

“As noted in the particularity analysis supra, Guatemala has significant and troubling

issues related to domestic violence and crimes against women. However, unlike the married

alien in Matter of A-R-C-G-, the respondent lacks an identifiable trait like marriage or

inability to seek assistance from authority that distinguishes her from other women in

Guatemalan society. Similar to the particularity analysis supra, the Court finds the

respondent is an unfortunate victim of violence against women like far too many women in

Guatemala, and thereby renders her past harm indistinct by comparison.”

 

BIA’s holding:

The respondent’s testimony reflects that people in the community knew them as a couple and

made comments reflecting their notions that the respondent could not escape the relationship (Tr. 232 at 66).

The respondent also testified that her parents did not help her leave the

relationship because of ingrained views that women are the property of men (Tr. at 33-35).

Under these circumstances, we conclude under the same reasoning as Matter of A-R-C-G-,

supra, that the proffered social group here is “immutable,” “particular” and “socially distinct.”

To the extent that the Immigration Judge determined that the respondent is not a member of this

particular social group, that determination is clearly erroneous. See Matter of A-R-C-G-, supra,

at 3 91 (the question whether a person is a member of a particular social group is a finding of fact

that we review for clear error).”

Pages 65-80:

Immigration Judge’s decision:

“As noted in the particularity analysis supra, El Salvador has significant and troubling

issues related to domestic violence and crimes against women. However, unlike the married

alien in Matter of A-R-C-G-, the respondent lacks an identifiable trait like marriage or

inability to seek assistance from authority that distinguishes her from other women in

Salvadoran society. Similar to the particularity analysis supra, the Court finds the

respondent is an unfortunate victim of violence against women like far too many women in

El Salvador, and thereby renders her past harm indistinct by comparison.”

BIA decision:

Finally, the record does not support the Immigration Judge’s determination that the past harm

the respondent suffered is “consistent with acts of general violence” which undermines her claim

for asylum (l.J. at 10). Further, even assuming her former partner’s “criminal tendencies and

substance abuse” played a role in his conduct (/d.), the appropriate inquiry is whether the

asserted protected ground was or would be “at least one central reason” for the claimed or feared

harm. See section 208(b)(l)(B)(i) of the Act; Matter of C-T-L-, 25 I&N Dec. 341, 349 (BIA

2010)

Pages 81-96: 

Immigration Judge Decision:

The respondent testified that when was drunk, he would physically and

verbally abuse her. She further testified “he was fine” when he was not under the influence

of alcohol. Thus, ‘s abuse appears related to his own criminal tendencies and

substance abuse, rather than conclusive evidence he targeted the respondent on account of

her proposed particular social group. The evidence in this case is more consistent with acts of

general violence and therefore does not constitute evidence of persecution based on a

statutorily protected ground.

BIA decision:

Upon review of the record, we conclude that a remand is necessary for the Immigration

Judge to further assess whether the respondent established that she is a member of a cognizable

particular social group. The Immigration Judge found that the respondent’s case is factually

distinguishable from Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), because she was not in

a marital relationship with her former partner and did not seek assistance from authorities

(I.J. at 7-9). While relevant, the distinguishing factors identified do not preclude the respondent

from establishing that her proposed particular social group is cognizable under the Act, and we

find that further fact-finding regarding the respondent’s experiences in El Salvador is necessary

to determine whether she satisfied the elements required to establish a valid particular social

group. See Matter of A-R-C-G-, supra, at 393 (stating that “adjudicators must consider a

respondent’s own experiences, as well as more objective evidence, such as background country

information”).

Pages 102-120: 

BIA decision:

We find clear error in the Immigration Judge’s determination that the respondent was not

abused by her former partner on account of her particular social group. See l.J. at 12; 8 C.F.R.

§ 1003.l (d)(3)(i); Matter of N-M-, 25 l&N Dec. 526, 532 (BIA 2011) (a persecutor’s actual

motive is a matter of fact to be determined by the Immigration Judge and reviewed by this Board

for clear error). The respondent testified that her former partner told her that a woman is not

more intelligent than he is and that the respondent has no value, comments which indicate that he

harmed her because of her perceived lesser status in the relationship (Tr. at 46).

 

Immigration Judge Decision:

The respondent’s evidence reflects that [the] physical and verbal abuse of her

was related to his violent and jealous nature, sometimes accompanied by his use of alcohol.

Thus, ‘s abuse appears related to his own criminal tendencies or substance abuse,

rather than conclusive evidence he targeted the respondent on account of her proposed

particular social group. The evidence in this case is more consistent with acts of general

violence and therefore does not co nstitute evidence of persecution based on a statutorily

protected ground. Huaman-Cornelio v. BIA, 979 F.2d 9 at l 000; Ruiz v. US. Att’y Gen., 440

F.3d 1247, 1258 (11th Cir. 2006).

Pages 137-155

BIA decision:

We disagree with the Immigration Judge that the respondent’s proposed social group, consisting of Honduran women

who are viewed as property and whose domestic partners refuse to allow them to leave their

relationship lacks the requisite immutability, particularity, and social distinction (l.J. at 7-10).

See Matter of M-E-V-G-, 26 l&N Dec. 227, 236-43 (BIA 2014) (outlining factors to be

considered when discerning whether a social group is cognizable under the Act); Matter of

W-G-R-, 26 I&N Dec. 208, 213-18 (BIA 2014) (same).

Immigration Judge Decision:

The respondent’s evidence reflects that ‘s physical and verbal abuse of her

was related to his violent and jealous nature, heavy use of drugs and alcohol, and association

with drug traffickers. Exhibit 3, tab C at 17-19. Thus, ‘s abuse appears related to his

own criminal tendencies or substance abuse, rather than conclusive evidence he targeted the

respondent on account of her proposed particular social group. The evidence in this case is

more consistent with acts of general violence and therefore does not constitute evidence of

persecution based on a statutorily protected ground. Huaman-Cornelio v. BIA, 979 F.2d at

1000; Quinteros-Mendoza v. Holder, 556 F.3d 159, 164-65 (4th Cir. 2009). The Court finds

that the respondent has not established targeted her due to her particular social group,

which is required to prove the requisite nexus for asylum relief. INA§ 208(b)(l)(B)(i).

Pages 157-173

 

Immigration Judge decision:

The respondent’s evidence reflects that Mr. ‘ physical, verbal, and sexual abuse

of her was related to his violent and jealous nature. The respondent testified Mr. ‘

motivation to harm her was anger when she would ask him for money so she could buy food

for her family. She recalled the final argument that led to their separation occurred when the

respondent confronted Mr. regarding his affair with her sister-in-law. Thus, Mr. ‘

abuse of the respondent appears related to his own violent and criminal tendencies, rather than

conclusive evidence he targeted her on account of her membership in a particular social group.

The evidence in this case is more consistent with acts of general violence and therefore does

not constitute evidence of persecution based on a statutorily protected ground.

 

Consistent with its immutability and particularity analysis supra, the Court finds the

respondent is an unfortunate victim of violence against women like far too many women in

Guatemala, and thereby renders her past harm indistinct by comparison. For these reasons, the

Court finds the respondent has not met her burden to show the requisite social distinction

necessary for membership in a particular social group.

 

BIA decision:

The Immigration Judge further concluded that the respondent did not meet the immutability,

particularity and social distinction requirements for a cognizable particular social group (I.J. at 9-

12). We have held that depending on the facts and evidence in an individual case, victims of

domestic violence can establish membership in a cognizable particular social group that forms the

basis of a claim for asylum or withholding of removal. Matter of A-R-C-G-, 26 I&N

Dec. 388 (BIA 2014).

Pages 228-243

Immigration Judge decision:

The respondent’s evidence reflects that Mr. ‘s physical, verbal, and sexual

abuse of her was related to his violent and jealous nature. The respondent testified Mr.

‘s motivation to harm her was anger after she reported his abuse to government

authorities. Thus, Mr. ‘s abuse of the respondent appears related to his own

violent and criminal tendencies, rather than conclusive evidence he targeted her on account of

her membership in a particular social group. The evidence in this case is more consistent with

acts of general violence and therefore does not constitute evidence of persecution based on a

statutorily protected ground. Huaman-Cornelio v. BIA, 979 F.2d at 1000; Quinteros-Mendoza

v. Holder, 556 F.3d 159, 164-65 (4th Cir. 2009). The Court finds that the respondent has not

established Mr. targeted her due to her membership in a particular social group,

which is required to prove the requisite nexus for asylum relief. INA§ 208(b)(l)(B)(i).

BIA decision:

There appears to be no dispute that the verbal, physical and sexual abuse suffered by the

respondent at the hands of her stepfather, which occurred several times per week over a period of

years, rises to the level of past persecution. See, e.g., Barahon v. Holder, 588 F.3d 228, 232,

(4th Cir. 2009) (observing that “[a] key difference between persecution and less-severe

mistreatment is that the former is ‘systematic’ while the latter consists of isolated incidents”).

However, the Immigration Judge rejected as invalid the respondent’s proposed particular social

group of”Mexican children who are perceived as property and lack effective familial protection,”

finding that it lacked the requisite immutability, particularity, and social distinction (I.J. at 7-9).

The question whether a group is a “particular social group” within the meaning of the Act is a

question of law that we review de novo. Matter of A-R-C-G-, supra, at 390. On review, we find

that the particular social group posited by the respondent, under the circumstances of this case, is

valid under the reasoning of our recent decisions clarifying the approach to particular social

groups. See Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014); Matter of W-G-R-, 26 I&N

Dec. 208 (BIA 2014).

Pages 264-283

Immigration Judge decision:

The respondent’s evidence reflects that her former spouse’s physical, sexual, verbal,

and psychological abuse of her was related to his violent and jealous nature, and frequent

intoxication from alcohol. The respondent testified that is an alcoholic whose

motivation to harm her stemmed from his anger, dislike for her, jealous nature, and infidelity

with other women. Exhibit 2, tab C at 12-13. Based upon the respondent’s testimony, it

appears the threats, assault and rape she suffered at the hands of was intended to

intimidate and threaten her to comply his own selfish and criminal demands for sex.

 

Thus, the abuse suffered by the respondent appears related to the violent and criminal

tendencies of her abusive former spouse, rather than conclusive evidence she was targeted on

account of her membership in a particular social group. The evidence in this case is more

consistent with acts of general violence and therefore does not constitute evidence of

persecution based on a statutorily protected ground. Huaman-Cornelio v. BIA, 979 F.2d at

1000; Quinteros-Mendoza v. Holder, 556 F.3d 159, 164-65 (4th Cir. 2009). The Court fmds

that the respondent has not established her former spouse targeted her due to her membership

in a particular social group, which is required to prove the requisite nexus for asylum relief.

INA§ 208(b)( l)(B)(i).

BIA decision:

We additionally conclude that the Immigration Judge’s finding that the respondent was able

to leave her ex-husband is clearly erroneous (l.J. at 10-11).

However, the record reflects that the respondent’s ex-husband continued to threaten and physically abuse the respondent after -their separation,

despite her move to a town over 2 hours away from him, and that he raped her in…2014, after their divorce.

Pages 315-334

Immigration Judge decision:

The respondent’s evidence reflects that Mr. ‘ physical, verbal, and sexual abuse

of her was related to his violent and jealous nature, often fueled by his use of alcohol and

drugs. Exhibit 2, tab H at 1-2. Mr. ‘ motivation to harm her appears to be based upon his

own criminal tendencies and substance abuse, rather than conclusive evidence he targeted

her on account of her membership in a particular social group.

BIA decision:

We also note that even if the evidence and testimony support a finding that the

respondent’s husband has a “violent and jealous nature” (I.J. at 12), this is not clearly separate

from a motive to persecute his wife based on feelings of domination and control, the hallmarks

of domestic violence.

Pages 373-393

Immigration Judge decision:

The respondent’s evidence reflects that her husband’s physical, verbal, and

psychological abuse of her was related to his violent and jealous nature, at times affected by his

use of alcohol. The respondent testimony suggests her husband’s motivation to harm her was

his dislike for her and suspicion she was being unfaithful to him. His motivation also appears

related to the respondent’s desire to leave him because of his infidelity, and his demands for

custody of their son. Based upon the respondent’s testimony, it appears the threats, assaults

and psychological abuse she suffered at the hands of her husband was intended to intimidate

her to obtain some unclear result.

BIA decision:

We conclude, based on the particular facts presented on this record that the respondent

established that she was a member of the particular social group she articulated. We further

conclude that the Immigration Judge erred in concluding that this case is distinguishable from

Matter of A-R-C-G-, supra, based principally on the fact that the respondent was able to separate

and live apart from her husband after he moved out of their home in 2013 (l.J. at I 0-l l ).

The respondent’s ability to live apart from her husband in Honduras is not a distinguishing factor

from the social group rationale articulated in Matter of A-R-C-G-, supra, where the respondent

credibly testified that her husband refused to consent to a divorce and showed up unannounced

and uninvited at her home on several occasions, once touching her in a sexual manner and telling

her that he has a “right” to her as his wife. Additionally, the respondent testified that she was

unable to leave the relationship in Honduras for numerous cultural reasons, including her fear that

would take their son away from her and her belief that she was unable to obtain a divorce

because of ‘s ties to local government officials (l.J. at 3-4; Tr. at 51, 56, 64-73, 99, 105).

See Matter of A-R-C-G-, supra, at 393 (recognizing that “a married woman’s inability to leave the

relationship may be informed by societal expectations about gender and subordination, as well as

legal constraints regarding divorce and separation.”). Further, that domestic violence is prevalent

in Honduras does not mean that the respondent’s proposed particular social group lacks discrete

boundaries, as the Immigration Judge determined (l.J. at 11).

*************************************
EOIR has been known to pass off this type of judicial misconduct as “normal deviations” in judging. But, there is a difference between honest variances in judicial philosophies and approach, which are present to some extent in all diverse judicial systems and might produce differing results, and clearly biased and unfair judging. Judge Couch’s performance clearly fits within the latter.
To state the obvious:
  • All of these incidents were “specifically targeted.” Therefore, Judge Couch’s determination that they were part of “generalized violence” is clearly fiction.
  • Asylum applicants are not required to demonstrate “conclusive evidence” of anything. “Conclusive evidence” is not a legal standard in any part of asylum adjudication.

What should have happened:

  • Judge Couch should have been removed from each of these cases for bias;
  • Like U.S. Courts of Appeals, the BIA should have “outed” Judge Couch, by name, in published opinions to give both applicants and the Fourth Circuit Court of Appeals notice of his problematic adjudication of asylum cases.
  • If Judge Couch continued his biased and unfair judging he should have been 1) ordered by the BIA not to hear any asylum cases involving women from the Northern Triangle, and 2) told that if his performance in asylum cases did not improve, he would be  referred to the EOIR disciplinary system for Immigration Judges based on actual bias against asylum applicants.

There is simply no room in a true Due Process system, particularly one where many respondents are unrepresented, for a biased, anti-asylum judge like Judge Couch. Is this “being the world’s best administrative tribunals guaranteeing fairness and Due Process for all?” No Way! Jeff Sessions, who often enunciates biased, anti-asylum positions, is part of the problem, not the solution! Due Process can’t be restored to the U.S. Immigration court system until Jeff Sessions and the USDOJ are removed from the process.

We need an independent judiciary capable of telling judges who perform like Judge Couch to correct their behavior immediately — in other words, “shape up or ship out.”

PWS

05-09-18

 

Related posts:

  1. THE HUMAN AGONY OF ASYLUM: SPEND 4 MIN. WITH MS. A-B- & HUMAN/WOMEN’S RIGHTS EXPERT PROFESSOR KAREN MUSALO — Beaten, Raped, & Threatened With Death By Her Husband, Hounded Throughout Her Country, Abandoned By El Salvadoran Authorities, She Sought Refuge In The U.S., Winning Her Case At The BIA — Then She Was Targeted For A Vicious Unprovoked Attack By Notorious Scofflaw Immigration Judge Stuart Couch & White Nationalist Xenophobe Jeff Sessions — She’s Still Fighting For Her Life!
  2. INCONVENIENT TRUTH: HALEY SWEETLAND EDWARDS @ TIME TELLS WHAT TRUMP, MILLER, COTTON, SESSIONS, & THEIR WHITE NATIONALIST GANG DON’T WANT YOU TO KNOW: Human Migration Is A Powerful Force As Old As Human History; It’s A Plus For Receiving Nations; It Won’t Be Stopped By Walls, Jails, Racist Laws, Or Any Other Restrictionist Nonsense; But, It Can Be Intelligently Controlled, Channeled, Harnessed, & Used For The Benefit Of The U.S. & The Good Of The Migrants! — “But to maximize that future good, governments must act rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.”
  3. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”
  4. MORE ARTICLES FEATURE “GANG OF RETIRED JUDGES’ STATEMENT” RE: SESSIONS’S OUTRAGEOUS ATTACK ON SETTLED PRINCIPLES OF PROTECTION LAW! — Media Exposing Corrupt, Inherently Unfair, Biased “Court” System Where The Prejudiced Prosecutor “Cooks” The Results to His Liking! — Jeff Sessions Degrades The American Legal System & Our National Values Each Day He Remains In Office!

GONZO’S WORLD: SESSIONS GREETS MELANIA’S “BE NICE TO KIDS” INITIATIVE WITH ATTACK ON MIGRANT CHILDREN AND THEIR FAMILIES – Also Plans “Aimless Docket Reshuffling” Initiative To Fill U.S. District Courts With Minor, Non–Violent Misdemeanants Diverting Resources From More Serious Criminals

https://www.huffingtonpost.com/entry/trump-dhs-doj-immigration-families_us_5af0bd5ee4b0ab5c3d68ae96

Roque Planas & Elise Foley report for HuffPost:

In a sweeping enforcement change, Donald Trump’s administration will increasingly prosecute members of immigrant families who cross the border illegally, even if that means splitting children from their parents and regardless of whether they’re seeking safety in the U.S., Attorney General Jeff Sessions said Monday.

It’s already happening. On April 27, Border Patrol officers picked up a 30-year-old Salvadoran woman, Morena Mendoza Romaldo, with one of her children after she crossed into the U.S. near San Diego. She fled El Salvador because of sexual violence, according to court filings. She clearly told Border Patrol that she was afraid to return there; an arrest narrative filed in court has “credible fear claim” written on it.

Crossing the border illegally is a misdemeanor punishable by up to six months in jail. But previously the Justice Department rarely targeted family units — as the Border Patrol describes parents who cross with their children — for prosecution. Instead, authorities typically routed migrant families to immigration courts, and they were often released from detention after three weeks because of a court order limiting how long undocumented children may remain locked up. People with credible fear of being returned to their native countries were likewise often sent to immigration court instead of being criminally prosecuted.

But now, with the Trump administration looking for ways to crack down on policies its officials deride as “catch and release,” the response has gotten harsher.

Mendoza’s case was one of 11 immigration prosecutions filed against alleged members of a caravan of asylum-seeking Central Americans. At least two others were also separated from their children after facing prosecution for illegal entry.

Sessions and Immigration and Customs Enforcement’s acting Director Thomas Homan said during a press conference in San Diego that the Department of Homeland Security would refer for prosecution all cases of people crossing illegally, as part of a zero-tolerance policy — regardless of whether they’re fleeing persecution or traveling with children.

“People are not going to caravan or otherwise stampede our border,” Sessions insisted. He later said, “We don’t want to separate families, but we don’t want families to come to the border illegally.”

It will be up to individual U.S. attorneys to decide how many of the migrants will face criminal charges. In the past, limits on the number of government attorneys or courtroom capacity led authorities to instead route most people caught at the border through the traditional deportation process without convicting them of a crime first. Last week Sessions announced that the Justice Department hired 35 more assistant U.S. attorneys to help prosecute immigration crimes in the five federal districts that touch the U.S.-Mexico border. Immigration prosecutions have taken up roughly half the federal criminal docket since 2008, after policy changes pioneered by George W. Bush, institutionalized under Barack Obama and now enthusiastically embraced by Trump.

The zero-tolerance policy won’t apply to those who seek asylum at ports of entry, which is not illegal, although the Trump administration has publicly urged migrants to stay in Mexico instead. At least two of the 11 alleged caravan members facing prosecution for illegal entry — Olga Esmeralda George and Marbel Yaneth Ramirez-Raudales — said they tried to initiate asylum claims at a nearby port of entry but were turned away, according to court filings.

Sessions’ plans are already facing opposition from the San Diego Federal Public Defenders’ Office. Illegal entry prosecutions are often open and shut cases. But attorney Eric Fish has asked the court to dismiss three of the 11 alleged caravan members’ cases, arguing that his clients, including Mendoza, were targeted for political reasons that amount to unconstitutional discrimination.

If other countries treated people seeking refugee protection in this way, the United States would be appalled.Eleanor Acer, refugee protection program director, Human Rights First

In court filings littered with Trump’s tweets excoriating the caravan, Fish contended that Border Patrol agents arrested the three defendants at the same time as a group of Indian nationals. But the Indians were never prosecuted.

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“The government cannot choose its defendants based on their alleged country of citizenship, but that’s exactly what it did here,” he wrote in a court filing. “The Court should not stand for such invidious discrimination, and should dismiss the complaint.”

Fish is also disputing the $10,000 bonds set by the court, arguing that his clients present no flight risk and could be instead monitored by GPS and released on their own recognizance.

The cases highlight how much energy Sessions is devoting to some of the pettiest crimes possible. Until he announced his zero-tolerance policy, illegal-entry prosecutions were all but unheard of in San Diego. And in the three contested cases, the government offered to free the defendants on time served if they pleaded guilty.

At least two of the defendants said they intend to seek asylum, which generally exempts people from criminal prosecution for illegally crossing the border. One of them, Yaneth, attempted to turn herself in at a legal port of entry but was turned away, according to court filings. Under U.S. law and international treaty obligations, Customs and Border Protection is required to let in migrants who say they fear persecution in their country of origin. But CBP faces a lawsuit in the Southern District of California alleging that the agency often flouts those rules.

Organizers with the caravan disputed that the migrants facing prosecution were affiliated with their group, though they said it’s possible that some had joined the caravan and later left it. At its peak, the number of migrants traveling with the caravan topped 1,000, but its numbers dwindled to fewer than 300 as some decided to remain in Mexico, were counseled that their asylum claims would be hard to press in U.S. courts or were repelled by the open hostility of top Trump administration officials.

“It’s pretty obvious that they don’t know who is part of the caravan or not,” said Alex Mensing — an organizer with Pueblos Sin Fronteras, which coordinated the caravan — noting that one of the defendants, Eric Alberto López Robles, is a Mexican national and that the caravan did not work with any Mexican adults. “It just doesn’t add up.”

Those crossing with the caravan were instructed to go through a legal port of entry to make their claims and were advised against crossing illegally, according to Nicole Ramos, the director of Al Otro Lado, a nonprofit group that is offering legal services to the caravan’s members. Ramos, who once worked as a federal public defender, said that in legal workshops, she warned about the threat of prosecution.

“After people were given transit visas, perhaps some of them went in other directions, but they were not integrated into the caravan,” she said. “The goal of the caravan was to get to Tijuana and present themselves legally. And as part of the legal orientation we gave, we specifically advised people about criminal prosecutions.”

Prosecuting people who are seeking asylum could violate international law, according to human rights advocates. Border Patrol was warned about this at least once, when the DHS Office of the Inspector General issued a report in 2015 saying the agency risked violating U.S. treaties by referring people for prosecution even though they expressed fear of persecution in their native country.

Immigrant rights advocates have been hearing for months from parents who were separated from their children and in some cases aren’t sure how to get in touch with them. The practice “is simply barbaric,” said Eleanor Acer, who leads the refugee protection program at Human Rights First.

“If other countries treated people seeking refugee protection in this way,” she said, “the United States would be appalled.”

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

Similar “strategies” have been tried and failed in the past under Administrations of both parties. But, doubling down on failed strategies, particularly when they disproportionately harm and punish a group consisting largely of Hispanics, is a Sessions specialty.

I will be interested to see how independent Article III Judges react to having their courtrooms clogged and judicial time focused on minor misdemeanors (rather than serious crimes)  as part of the Administration’s enforcement apparatus

PWS

05-08-18.

Related posts:

  1. FOUR TODDLERS RESCUED BY PRO BONO LAWYERS FROM DEADLY SITUATION IN CBP CUSTODY — Putrid, Unsanitary, Repressive Conditions Causing Lifetime Harm To Other Traumatized Kids — But, Border Patrol Chief Carla Provost Wants You To Know That She’s Not Taking Responsibility For The Humanitarian Disaster Intentionally Engineered On Her Watch!
  2. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  3. NATION OF CHILD ABUSERS: WHILE MANY RIGHT WING APOLOGISTS (ALONG WITH ALAN DERSHOWITZ) PAN NAZI COMPARISON, ACTUAL HOLOCAUST CHILD SURVIVOR YOKA VERDONER UNDERSTANDS THE PARALLELS! — Child Abuse Is Child Abuse —Evil Is Evil — Damage Is Irreparable!
  4. GREAT MINDS THINK ALIKE: JUST AS I’VE BEEN SAYING, THE SOUTHERN BORDER PROBLEM ISN’T ASYLUM LAW — IT’S THE CRUEL, CORRUPT, & IGNORANT TRUMP KAKISTOCRATS ADMINISTERING IT — ELISE FOLEY & JENNIFER BENDERY @ HUFFPOST TELL US ABOUT ANOTHER GREAT IMMIGRATION SOLUTION THAT WORKS — At Least It Did Work Until Trump & His Fellow White Nationalists Dismantled It For No Reason (Except Xenophobia & Racism)!

HON. JEFFREY CHASE: EVERYONE IN THE HUMAN RIGHTS/WOMEN’S RIGHTS ADVOCACY COMMUNITY NEEDS TO UNITE AND TAKE AGGRESSIVE ACTION AGAINST JEFF SESSIONS’S PLAN TO PASS DEATH SENTENCE ON FEMALE REFUGEES FLEEING DOMESTIC VIOLENCE –Many Will Be Killed, Raped, Maimed, Disfigured, Or Sentenced To A “Life Worse Than Death” If Sessions Has His Way!

https://www.jeffreyschase.com/blog/2018/5/6/7r3izq486dxxtzlrsythpmr2kg35j3

Briefs Filed in Matter of A-B-

Briefs of the parties and amici have now been filed with the Attorney General in Matter of A-B-.  Once again, a group of former immigration judges and BIA members, which this time numbered 16 (including myself) filed an amicus brief (which can be viewed here: http://www.aila.org/infonet/amicus-brief-matter-of-a-b- ).*  The respondent’s brief was submitted by the outstanding legal team of Ben Winograd of IRAC; Karen Musalo, Blaine Bookey, and Eunice Lee of CGRS, and Charlotte attorney Andres Lopez.  DHS’s brief was submitted by Michael P. Davis of ICE, whose reasoned positions are to be commended.

The issue in the case below involved the actions of immigration judge V. Stuart Couch in failing to abide by the decision of the Board of Immigration Appeals, which reversed Couch’s denial of asylum in a particularly strong claim involving a victim of severe domestic violence.  The BIA reversed the judge’s decision, and remanded with instructions to grant asylum following the required updated security clearance by DHS. However, Couch took some nine months to schedule the case for a hearing. When at that hearing, DHS stated that the clearances had been completed, Judge Couch did not issue a new decision (as he was directed to do by the BIA).  Instead, he stated that he was recertifying the case to the BIA, something that he lacked the authority to do without first issuing a new decision.

The case sat for another seven months, during which time it is not clear whether the record actually made its way back to the BIA.  But before the Board could rule on the propriety of Judge Couch’s actions, the case was somehow plucked from wherever it had been by AG Jeff Sessions, who on his own transformed the case into a vehicle to answer a question that no one but himself seems to understand, namely, whether being the victim of private criminal activity constitutes a cognizable particular social group for asylum purposes.  (There is an interesting question of how Sessions even knew that this case existed.)

In response, the Department of Homeland Security appealed to reason.  It requested the AG to hold off until the BIA ruled on the propriety of Couch’s attempted recertification.  DHS also requested Sessions to provide further clarification of his question, and noted that “this question has already been answered, at least in part, by the Board and its prior precedent.”  Sessions denied both requests, adding that he is not bound by BIA precedent, nor is he required to allow briefing on an issue before him on certification. It seems as if Sessions might be saying that as he’s bestowing the privilege of allowing briefs, he doesn’t further need to let everyone know what it is they are being asked to brief.

Depending on how Sessions is choosing to interpret the question, his decision might impact not only domestic violence claims, but any asylum claim based on a particular social group involving private criminal activity (which could include claims based on sexual orientation or sexual identity; as well as victims of female genital cutting, human trafficking, gang violence, blood feuds and honor killings).  Or then again, maybe not. Because if Sessions is asking whether a particular social group delineated as “victims of private criminal activity” is cognizable, his answer wouldn’t impact the outcome of this case, as the respondent never claimed to be a member of such group. Nor would it matter to the outcome if Sessions is asking whether a group which includes the element of victimization by a criminal acting in a private capacity is cognizable, as no element of victimization is included in the respondent’s delineated group of “El Salvadoran women who are unable to leave their domestic relationships where they have children in common.”  Nowhere in the wording of such group is there a mention of being the victim of private criminal activity, nor is the respondent claiming that she was targeted for abuse because of her being a victim of private criminal activity.

But could Sessions be questioning whether any particular social group merits asylum where its members fear persecutors who are not government officials?  If that’s his question, a decision in the negative would run counter to not only more than a half century of BIA precedent, but also to decisions of all eleven Federal circuit courts, and to international law, all of which universally agree that for asylum purposes, persecution may be by private actors that the government is unable or unwilling to control.

Does Sessions himself understand the question he is asking?  Let’s just assume that since this case involves a credible victim of severe domestic violence, and that her particular social group was found by the BIA to be substantially similar to the one it recognized as cognizable in its 2014 precedent decision in Matter of A-R-C-G-, that Sessions is considering invalidating that decision.

The purpose of courts and tribunals is to resolve disputes between the parties.  The issue that Sessions now wishes to address has been settled, and is not being contested by either party.  The Department of Homeland Security itself made this point to Sessions. Had this case been allowed to run its course and result in a grant of asylum, it is far from clear that such result would have been contested or appealed by DHS.  In its brief to Sessions, DHS states more than once that it “generally supports the legal framework set out by the Board in Matter of A-R-C-G-.”  DHS continued that the group in that case of “married women in Guatemala who are unable to leave their relationship” was not defined by the respondent’s being subject to domestic violence.  DHS specifically stated that like the BIA, it “understands ‘unable to leave a relationship’ to signify an inability to do so based on a potential range of ‘religious, cultural, or legal constraints…’”  DHS continued that neither the PSG in A-R-C-G- nor the group offered by A-B- herself violate the principle that such group “must exist independently of the persecution suffered and/or feared.”

In refusing DHS’s request for clarification, Sessions claimed that “several Federal Article III courts have recently questioned whether victims of private violence may qualify for asylum” based on their membership in a particular social group.  However, in responding to such statement in its subsequent brief, DHS noted that “none of the circuit court decision cited by the Immigration Judge questioned the underlying validity of A-R-C-G-.”  In response to Sessions’ statement that he is not bound by the BIA’s precedent decisions, DHS recognized this, but “avers that the Attorney General should not directly or indirectly abrogate A-R-C-G-,” but should “rather…emphasize the importance of case and society-specific analysis.”

There is thus agreement between the parties of the validity of the Board’s holding in A-R-C-G-.  In revisiting the issue, Sessions is not attempting to resolve a dispute, as no such dispute exists.

To me, the most shocking aspect of Sessions’ action is its timing.  Case law concerning human rights (including the law of asylum) and civil rights does not develop in a vacuum.  Much as courts have extended civil rights protections based on race, gender, and sexual orientation throughout the history of this country, the idea of what constitutes persecution and which of its victims are deserving of protection evolves along with the views of society.  Sessions is choosing, unprompted, to challenge whether victims of domestic violence are deserving of asylum just as our society has undertaken a powerful, long-overdue, and much needed correction in the form of the #metoo movement. Many hundreds of thousands of us (“us” of course referring to people regardless of gender, as women’s rights are human rights) have filled the streets of cities all over America (and the world) the past two Januarys in a powerful, emotional rebuke to sexual assault and all forms of sexism.  Powerful men who for years had engaged in all forms of sexual abuse and harassment are for the first time experiencing the consequences of their actions. And it is at this particular time that Sessions seeks to revoke protection to women who are domestic violence victims?

Briefs are good, but more is needed.  The wonderful Tahirih Justice Center collected 60,000 signatures on a petition which it delivered to Sessions in March calling on him to uphold asylum protection for survivors of domestic violence: https://www.tahirih.org/news/tahirih-delivers-petition-on-asylum-for-domestic-violence-survivors-to-the-attorney-general/.  More organizations need to follow Tahirih’s example.  In addition to the briefs submitted, there needs to be a true public outcry addressed to Sessions on this issue.  Asylum protection for victims of domestic violence is not just an immigration issue or a women’s issue. It is a human right, on which all of us should make ourselves heard.

 

*Heartfelt thanks to the law firm of Gibson Dunn (Megan Kiernan, Ronald Kirk, Chelsea Glover, Lalitha Madduri, and Amer Ahmed) for drafting the brief, and to former BIA member Lory D. Rosenberg for organizing and coordinating the effort.

Copyright 2018 Jeffrey S. Chase.  All rights reserved.

 

 

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

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

Jeff Sessions has declared “open season” on bona fide refugees as part of his White Nationalist “Turn American Back to The Bad Old Days” Campaign.

Perhaps attitudes and beliefs like Sessions’s are why there millions fewer women than men worldwide!  Recently, a group led by well-known refugee scholar and expert Professor Debbie Anker of Harvard Lw made a very compelling case that even “landmark” cases like Matter of Kasinga and Matter of A-R-C-G- are far too restrictive. Gender, in and of itself, is the REAL PSG.

Hopefully, in the end, Sessions’s attack on refugee law, scholarship, and human decency will result in a more appropriately generous reading of the PSG category. Sometimes, “restrictionist theories” are so facially absurd, contrived, and lacking in intellectual integrity that they defeat themselves and reinforce the opposite position!

PWS

05-07-18

Related posts:

  1. HON. JEFFREY CHASE: Speaking Out Against The “Notable Minority” Of U.S. Immigration Judges Who Demonstrated Bias Against Women & Asylum Seekers – “Think about that: some federally appointed immigration judges cheered the fact that women who had been violently raped and beaten in their country can no longer find refuge here, and will be sent back to face more violence, and possibly death. Will there be any consequences for their actions? Were the many outstanding immigration judges who have been proud to grant such cases in the past, who were saddened and sickened by this decision, able to openly jeer or weep or curse this decision? Or would that have been viewed as dangerous?”
  2. MORE ARTICLES FEATURE “GANG OF RETIRED JUDGES’ STATEMENT” RE: SESSIONS’S OUTRAGEOUS ATTACK ON SETTLED PRINCIPLES OF PROTECTION LAW! — Media Exposing Corrupt, Inherently Unfair, Biased “Court” System Where The Prejudiced Prosecutor “Cooks” The Results to His Liking! — Jeff Sessions Degrades The American Legal System & Our National Values Each Day He Remains In Office!
  3. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  4. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”

EUGENE ROBINSON @ WASHPOST – THE ST. LOUIS DOCKS AGAIN AT OUR SOUTHERN BORDER — TRUMP, SESSIONS & CO. WANT THE US TO FAIL THE MORAL TEST AGAIN – But, This Time It’s Anti-Hispanic Racism, Rather Than Anti-Semitism Behind Our Government’s Intentional Immorality — Trump & Sessions “are sincere in their desire to stanch the flow of Latino immigration — not, I strongly suspect, because of drugs or crime, but because they loathe the demographic and cultural change that is taking place.”

https://www.washingtonpost.com/opinions/the-immigrant-caravan-is-a-test-trump-wants-us-to-fail/2018/04/30/124b975c-4cb4-11e8-84a0-458a1aa9ac0a_story.html?noredirect=on&utm_term=.72fbc5bc8d11

The immigrant ‘caravan’ is a test. Trump wants us to fail.

By Eugene Robinson

The “caravan” of asylum-seeking migrants that has finally arrived at the U.S.-Mexico border is a test of American character and purpose — a test President Trump wants us to fail.

I put caravan in quotation marks because the group that reached Tijuana hardly qualifies for the term. Just a few dozen would-be entrants presented themselves at the Port of San Ysidro on Sunday — only to be told that U.S. immigration officials were too busy to attend to them. Another several hundred were reported to be in the general area, waiting their turn to attempt to cross the border.

Trump has spoken of these people as if they were some kind of rampaging horde. Attorney General Jeff Sessions has accused them of “a deliberate attempt to undermine our laws and overwhelm our system.” The truth is that this sort of thing happens every year: Would-be migrants seek safety in numbers as they make the long and perilous trek north through Mexico.

Sessions probably understands this context; Trump probably doesn’t. But I believe both are sincere in their desire to stanch the flow of Latino immigration — not, I strongly suspect, because of drugs or crime, but because they loathe the demographic and cultural change that is taking place.

While he and his administration were being appropriately roasted at the White House Correspondents’ Associationdinner on Saturday evening, Trump was at a rally in Michigan saying that our immigration laws are “corrupt . . . so corrupt” and that the motives of those who defend our nation’s traditional role as a haven for asylum seekers are political. “The Democrats actually feel, and they are probably right, that all of these people that are pouring across are going to vote for Democrats, they’re not going to vote for Republicans.”

They’re not going to vote for anybody, of course, since they’re not citizens. Truth doesn’t matter to Trump. But you knew that.

What seems to really drive the president crazy is that the United States remains a haven for those fleeing persecution. Trump laid out his complaint Saturday: “If a person puts their foot over the line, we have to take them into our country, we have to register them. We then have to ask them a couple of questions. Lawyers are telling them what to say. How unsafe they are. And once they say that, we have to let them go, to come back to court in like a year. Only one problem: They don’t come back, okay. That’s the end. Welcome to the United States.”

You will have noticed that missing from Trump’s rant is any sense of morality or mission.

There is a reason the law makes provision for those seeking asylum. In 1939, Congress rejected a bill that would have admitted 20,000 German Jewish children. Later that year, authorities refused to allow the St. Louis, a ship carrying about 900 German Jews, to dock in Miami; the Coast Guard sent out patrol boats to warn the ship away. The St. Louis was forced to return to Europe, and 254 of its passengers later perished during the Holocaust.

That shameful history led to changes in immigration policy that prohibit rejecting claims of asylum out of hand. The bar is high, but many of the Central American asylum seekers probably clear it.

In El Salvador, Honduras and Guatemala, the major threat comes from rampant gang violence. Boys are often offered a stark choice: Join a gang or be killed. Girls are threatened with rape. It is easy to say this is a problem local elected officials and police ought to solve, but government institutions are weak, and corruption is widespread. What choice does a family under imminent threat have but to flee? What would you do?

It is of course true that not every Central American who asks for asylum truly merits it. That’s why each case is examined and evaluated, with all the time needed to reach a proper determination — which is how the migrants now at the border must be handled, despite what Trump and Sessions might prefer.

To close our eyes and hearts to legitimate claims of persecution would be to repeat the shameful and tragic mistakes of the World War II era. If the subjects of Trump’s demagoguery were summarily denied entry, as he apparently would like, most would be forced to go home and some would be killed. That would be a terrible stain on the nation’s conscience.

I’m tempted to add that it would be a stain on Trump’s conscience as well, but it’s not clear that he has one.

Read more from Eugene Robinson’s archive, follow him on Twitter or subscribe to his updates on Facebook. You can also join him Tuesdays at 1 p.m. for a live Q&A.

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

I remember walking through the “St. Louis Exhibit” at the Holocaust Museum (on an EOIR-sponsored tour, no less, for a long ago and far away Annual Judges Conference — my how official racism & xenophobia have changed things) and asking myself how we could have done that to our fellow human beings.

Then, we had a “special session” explaining the catastrophic failure and cowardice of the German Judiciary during the Nazi rise to power. Judge after judge “adhered to the rule of law” even when those laws unfairly disenfranchised Jews, deprived them of their properly and lawful occupations, and eventually sentenced them to mass death!

I’ve now come to the unhappy realization that the St. Louis might have represented the norm, rather than the exception, to the reality of American democracy and its serious anti-Semitic and racially biased undertones. And, the actions of the corrupt & cowardly German judges of that era are certainly what Trump, Sessions, and their cronies are referring to when they disingenuously pontificate about “the rule of law” and looking for judges, Government officials, and lawyers who are committed to applying it in a biased and one-sided fashion

It’s their rule of law, as they consistently misconstrue it to protect only their favored political and racial groups, and misuse it “punish enemies” and to carry our their increasingly racist, White Nationalist agenda.

And yet 40% of our fellow countrymen are enthusiastically supportive of this heinous agenda. What’s wrong with them? Why ask ourselves how Nazism could have overtaken Germany when we’re in the process of trying to repeat that sordid history here? It’s pretty easy to see Hitler rallies of the 1930s in the Trump rallies of today. The same vicious disregard of both the truth and humanity, scapegoating, and an attacks on the true rule of law and on those who stand up for democracy, all wrapped in an appeal to false religious nationalism! 

We’re failing as a nation on both a moral and a legal basis. It remains to be seen whether the resistance to Trump, his supporters, and his enablers will be sufficient to preserve democracy and human decency in America.

PWS

05-01-18

Related posts:

  1. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 
  2. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  3. MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!
  4. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

CHILD ABUSE: COWARDLY ADMINISTRATION USES FALSE NARRATIVES & DISTORTED FACTS TO ATTACK PROTECTIONS FOR REFUGEE CHILDREN — Our National Morality & Human Decency In Free-fall Under Trump! — “It has been national law and policy that as adults we look out for children …. No longer.”

https://www.nytimes.com/2018/05/01/us/immigration-minors-children.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news

Eli Hager of The Marshall Project in the NY Times:

On April 4, the White House posted a fact sheet on its website warning that legal “loopholes” were allowing tens of thousands of immigrant children who entered the country on their own to remain in the United States.

The next day, another post went up: “Loopholes in Child Trafficking Laws Put Victims — and American Citizens — At Risk.”

And the same week, the Administration for Children and Families, a division of the Department of Health and Human Services not normally known for its politics, announced that it “joins the President in calling for Congress to close dangerous loopholes.”

Over the past month, the Trump administration has taken aim at a set of child protection laws created to protect young people who cross into the United States without a parent or guardian, perhaps aided by smugglers. The administration now sees some of these same youths as a threat, and is portraying the laws as “loopholes” that are preventing the quick deportation of teenagers involved in gangs.

The campaign is aimed at Capitol Hill, but the Trump administration is not waiting for legislation: In a series of at least a dozen moves across multiple federal agencies, it has begun to curtail legal protections for unaccompanied children who cross the border. Many of these safeguards were created by a 2008 law that provided protections for children who might otherwise be forced into labor or prostitution.

The young people affected by the administration’s measures have been fleeing deadly gang violence in Central America since 2014, when civil strife erupted in the region. They are a less politically shielded group of young people than the so-called “Dreamers,” most of whom came to this country as toddlers with their parents.

The new directives appear aimed at detaining more of these youths after their arrival and speeding deportation back to their home countries — where they may face violent reprisals from gangs or other forms of abuse.

“It has been national law and policy that as adults we look out for children,” said Eve Stotland, director of legal services for The Door, a youth advocacy organization in New York. “No longer.”

Endangered Central American Children

Among the many new directives, the State Department in November gave just 24 hours’ notice to endangered children in Guatemala, Honduras and El Salvador before canceling a program through which they could apply for asylum in the United States before getting to the border. About 2,700 of them who had already been approved and were awaiting travel arrangements were forced to stay behind in the troubled region.

The Department of Homeland Security, meanwhile, has sharply cut back on granting a special legal status for immigrant juveniles who have been abused, neglected or abandoned; the program dropped from a 78 percent approval rate in 2016 to 54 percent last year, according to statistics compiled by U.S. Citizenship and Immigration Services. In New York, Texas and elsewhere, the agency in recent months has also begun revoking this protection for children who had already won it, according to legal aid organizations in the states.

The Justice Department has also issued legal clarification for courts and prosecutors about revoking “unaccompanied child” status, which allows minors to have their cases heard in a non-adversarial setting rather than in immigration court with a prosecutor contesting them. (The White House has said that it intends to remove this protection altogether, but has not yet done so.)

And the Office of Refugee Resettlement, which provides social services to vulnerable immigrant youth, is now placing all children with any gang-related history in secure detention instead of foster care, whether or not they have ever been arrested or charged with a crime, according to an August memo to the President’s Domestic Policy Council.

“It’s law enforcement mission creep, and our office is ill-prepared for it,” said Robert Carey, who was director of the refugee agency under President Barack Obama.

A Focus on Gangs

The Trump administration has said that its actions are necessary to stem the tide of violent crime. It has focused on teenagers belonging to or associated with the Salvadoran-American street gang MS-13, which has been linked by the police since 2016 to at least 25 homicides on Long Island — a testing ground for many of the president’s new policies.

About 99 of the more than 475 people arrested in the New York City area during ICE raids for gang members had come to the U.S. as unaccompanied children, a representative for the agency said.

To fortify the “loophole” narrative, official announcements of these ICE actions often point out that a number of those arrested were in the process of applying for various forms of child protection.

Yet 30 of 35 teenagers rounded up during these ICE raids last year and who later filed a class-action lawsuit have subsequently been released because the gang allegations against them were thin, according to the ACLU. And the Sacramento Bee reported that a juvenile detention center in California recently cut back its contract with the federal government and complained that too many immigrant teens were being sent there with no evidence of gang affiliation.

The refugee agency acknowledged in its August memo to the White House that only 1.6 percent of all children in its care have any gang history.

“The arguments they’re making are just really challenging to basic logic,” said Elissa Steglich, a law professor at the University of Texas who teaches a clinic for immigrant families.

“The arguments they’re making are just really challenging to basic logic,” said Elissa Steglich, a law professor at the University of Texas who teaches a clinic for immigrant families.

. . . .

“**************************************

Read the complete article at the link.

Yes, folks, it’s way past time to use the correct term for the Trump Administration’s outrageous, and in many cases illegal, policies directed against primarily Hispanic migrant children:  “Child Abuse!”

I met many of these kids and families coming through my court over the years. While there were a tiny number of “bad actors” (which the DHS did a good job of discovering) the vast, vast majority were nothing like what Trump, Sessions and others are describing. They actually much better represented “true American values,” courage, and the “American work ethic” than do Trump and his valueless cronies.

That’s right folks! OUR U.S. Government is using racist-inspired lies to conduct a war against Hispanic children and to illegally return many of them to deadly and life threatening situations! Bad things happen to nations that let bullies and cowards bully, demean, and harm children!

The Trump Administration’s abuse of migrant children and their legal and Constitutional rights could be taken right out of a State Department Country Report on human rights abuses in a Third World Dictatorship. Is this they way YOU want to be remembered by history?

No, Constitutional and statutory protections for children are NOT “loopholes.” What kind of human beings speak such trash?  The Trump Administration’s response to the “rule of law” when, as is often the case, it doesn’t fit their White Nationalist agenda is always to tell lies, rail against it, and look for ways around it.

Stand up against the lawless behavior and immoral actions of Trump, Sessions, and the rest of their “hate crew!” Join the “New Due Process Army” and fight against the Trump Administration’s erosion of our national values, morality, and the true “rule of law” (which is there to protect migrants and the rest of us from abuse at the hands of our Government).

Harm to the most vulnerable among us is harm to all!

PWS

05-01-18

Related posts:

  1. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  4. AMERICA’S “MASS ATROCITY” — Professor Kate Cronin-Furman Says Don’t Kid Yourself About What The Trump Administration Is Doing In Your Name & How “Ordinary Civil Servants” Carry Out The Unthinkable & Unacceptable!

POST EDITORIAL SLAMS INSTITUTIONALIZED CHILD ABUSE BY TRUMP’S IMMIGRATION KAKISTOCRACY! — Human Rights Abuses “Business As Usual” Under Anti-Values Administration!

https://www.washingtonpost.com/opinions/the-trump-administration-traumatizes-children-in-the-name-of-scaring-migrants-away/2018/04/29/fe779b50-4a5a-11e8-827e-190efaf1f1ee_story.html?utm_term=.f866c5f999d8

The WashPost Editorial Board writes:

By Editorial Board April 29 at 7:46 PM

INFANTS, TODDLERS, tweens, teens — Trump administration officials are less interested in the age of an unauthorized child migrant than they are in removing the child from his or her parents as a means of deterring illegal border-crossers. That plan, first floated by White House Chief of Staff John F. Kelly last year when he was homeland security secretary, was widely regarded as so callous and such a radical departure from historical practice that it was unthinkable for any U.S. government.

If only.

In fact, not only has the idea of systematically separating undocumented children and parents gained currency among top officials determined to turn the tide on illegal entry, it’s already happening with increasing frequency. The Department of Homeland Security insists it has not adopted the practice as a matter of official policy — despite White House pressure to do so — but administration officials acknowledge that hundreds of children, including scores younger than 4, have been taken from their parents in the past few months.

By now it’s clear that there are few red lines President Trump is unwilling to cross in his crusade to rid the United States of undocumented immigrants. For Mr. Trump, having washed his hands of the “dreamers” — young migrants, most in their 20s, raised and educated in the United States after being brought here as children — it’s hardly a moral leap to inflict lasting psychological damage on younger children by taking them from their parents if it will further his goal of combating illegal immigration.

As reported by The Post’s Maria Sacchetti, top immigration and border officials have recommended that all parents who enter the country illegally with their children be detained and prosecuted, meaning the automatic separation of minors, who cannot legally be held in jails or detention centers designed for adults. Until recently, that was extremely uncommon; most parents who crossed the border with children would be released pending an immigration court hearing, or, in some cases, detained together in a facility designed for families. Prosecuting parents for illegal entry, a misdemeanor under federal law, has been exceedingly rare — specifically because of the harm it would cause blameless children.

In addition, many of the parents who would be prosecuted are eligible under U.S. law to seek and be granted asylum. That’s hardly a stretch for migrants from El Salvador and Honduras, beset by drug cartels, gang violence, domestic abuse and some of the world’s highest homicide rates. In the last three months of 2017, more than two-thirds of the 30,000 asylum seekers crossed into the country illegally — and it is far-fetched to exempt from prosecution only those who announce themselves as asylum seekers at legal ports of entry, as Homeland Security officials propose. Are desperate, impoverished people fleeing violence to be penalized because they enter the United States in the wrong place?

The United States has a legitimate interest in deterring illegal border-crossing. It is within its rights to detain and deport individuals and families who fail to make a persuasive case for asylum. But to splinter families and traumatize children in the name of frightening away migrants, many of whom may have a legitimate asylum claim, is not just heartless. It is beyond the pale for a civilized country.

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

Pretty ugly! Eventually our country, particularly future generations, will pay a high price for abandoning civilized values and human decency. The world is watching and the historical record is being made of the Trump Administration’s cowardly response to humanitarian tragedies and the folks who are enabling him and his White Nationalist cronies.

Get on the “right side of history!” Join the New ‘Due Process Army!”

PWS

04-30-18

Related posts:

  1. MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!
  2. TRUMP TREATS KIDS AS HUMAN PAWNS IN UGLY POLITICAL CHESS GAME – Administration’s Continued Spreading Of False Narrative On Migration Makes Continuing Migration Outside of Legal System Inevitable!
  3. AMEN: A PRAYER IN THE TIME OF KAKISTOCRACY!
  4. EUGENE ROBINSON @ WASHPOST: KID KILLERS ON THE LOOSE: “Sixteen-year-old Carlos Gregorio Hernandez Vasquez died horribly and needlessly. The Trump administration’s policy of deliberate, punishing cruelty toward Latin American migrants killed him.”

RACISM IN AMERICA: WILL YOU OR YOUR FAMILY BE NEXT IN THE “NEW AMERICAN GULAG?” — Think It Can’t Happen Because You Are A US Citizen? — Guess Again! — DHS Has Detained Nearly 1,500 Citizens, & They Are Largely Indifferent To The Problem! Of Course It Will Get Worse Under Trump, Unless You’re A “White Guy!”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=8d20e42e-cd60-4330-b0f1-f808600e59b5

Paige St. John & Joel Rubin report for the LA Times;

Immigration officers in the United States operate under a cardinal rule: Keep your hands off Americans. But Immigration and Customs Enforcement agents repeatedly target U.S. citizens for deportation by mistake, making wrongful arrests based on incomplete government records, bad data and lax investigations, according to a Times review of federal lawsuits, internal ICE documents and interviews.

Since 2012, ICE has released from its custody more than 1,480 people after investigating their citizenship claims, according to agency figures. And a Times review of Department of Justice records and interviews with immigration attorneys uncovered hundreds of additional cases in the country’s immigration courts in which people were forced to prove they are Americans and sometimes spent months or even years in detention.

Victims include a landscaper snatched in a Home Depot parking lot in Rialto and held for days despite his son’s attempts to show agents the man’s U.S. passport; a New York resident locked up for more than three years fighting deportation efforts after a federal agent mistook his father for someone who wasn’t a U.S. citizen; and a Rhode Island housekeeper mistakenly targeted twice, resulting in her spending a night in prison the second time even though her husband had brought her U.S. passport to a court hearing.

They and others described the panic and feeling of powerlessness that set in as agents took them into custody without explanation and ignored their claims of citizenship.

The wrongful arrests account for a small fraction of the more than 100,000 arrests ICE makes each year, and it’s unclear whether the Trump administration’s aggressive push to increase deportations will lead to more mistakes. But the detentions of U.S. citizens amount to an unsettling type of collateral damage in the government’s effort to remove undocumented or unwanted immigrants.

The errors reveal flaws in the way ICE identifies people for deportation, including its reliance on databases that are incomplete and plagued by mistakes. The wrongful arrests also highlight a presumption that pervades U.S. immigration agencies and courts that those born outside the United States are not here legally unless electronic records show otherwise. And when mistakes are not quickly remedied, citizens are forced into an immigration court system where they must fight to prove they should not be removed from the country, often without the help of an attorney.

The Times found that the two groups most vulnerable to becoming mistaken ICE targets are the children of immigrants and citizens born outside the country.

Matthew Albence, the head of ICE’s Enforcement and Removal Operations, declined to be interviewed but said in a written statement that investigating citizen claims can be a complex task involving searches of electronic and paper records as well as personal interviews. He said ICE updates records when errors are found and agents arrest only those they have probable cause to suspect are eligible for deportation.

“U.S. Immigration and Customs Enforcement takes very seriously any and all assertions that an individual detained in its custody may be a U.S. citizen,” he said.

But The Times’ review of federal documents and lawsuits turned up cases in which Americans were arrested based on mistakes or cursory ICE investigations and some who were repeatedly targeted because the government failed to update its records. Immigration lawyers said federal agents rarely conduct interviews before making arrests and getting ICE to correct its records is difficult.

. . . .

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

Read the complete, very scary, story at the link.

Just more support for my position that DHS should not be given any additional agent positions until they account for how they are using (and in too many cases misusing) their current positions. If there is anything that the Trumpsters have clearly shown it’s their total disdain for the Constitution and laws of the U.S. except as they might advance and protect the parochial interests of Trump and his supporters.

There is little doubt that the Trump/Sessions/Miller/Homan crew see DHS as “Internal Security Police” — largely beyond anyone’s control — that they will use for partisan political purposes. The case for the ultimate abolition of ICE in its current form and leadership looks stronger all the time.

And, as usual these days, Congress is AWOL while this Administration undermines American democracy.

Now, a REAL Attorney General might be concerned about getting to the bottom of this lawless behavior affecting the rights of U.S. citizens. But, White Nationalist Jeff Sessions is too busy creating false narratives, demonizing immigrants, and undermining the rights of Hispanic Americans, LGBTQ Americans, and African-Americans to be bothered with fundamental violations of Constitutional rights particularly where the victims aren’t White Guys. Jim Crow lives! And all of us should be worried about where he will strike next.

PWS

04-29-18

Related posts:

  1. PROFESSOR FITZ BRUNDAGE @ WASHPOST: Can We Regain Our Humanitarian Values In The Age Of Trump? — “We must shine a spotlight on cruel and illegal policies that undermine our national ideals and find the wisdom and the courage to do better.”
  2. LA TIMES: ICE DRAGNET SNARES US CITIZENS — Quick To Arrest, Slow To Release — The “Crime” Of Being Latino & Born In Mexico — How Would YOU Prove U.S. Citizenship If The ICEMEN Cometh?
  3. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”
  4. HISTORICAL PERSPECTIVE: CLYDE W. FORD @ LA TIMES: “Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’”

CALL OUT THE CAVALRY, WE NEED REINFORCEMENTS! – “CARAVAN” OF A FEW HUNDRED MEEK REFUGEE WOMEN & CHILDREN REACH S. BORDER, THREATEN TO EXERCISE LEGAL RIGHTS TO APPLY FOR ASYLUM, AS TRUMP, SESSIONS, NIELSEN, HOMAN, & CO. COWER IN FEAR WITHIN “FORTRESS AMERICA” — Trump Administration Views Individual Constitutional Rights As “Dangerous Loopholes” & “Threats To National Security” That Must Be Eliminated – “Grandfathering” Sought For Current & Former Trump Officials, Friends, Family Who Might Need To Assert Fifth Amendment Right Against Self-Incrimination!

https://www.washingtonpost.com/world/national-security/at-the-us-border-a-diminished-migrant-caravan-readies-for-an-unwelcoming-reception/2018/04/27/7946a154-4a52-11e8-827e-190efaf1f1ee_story.html?utm_term=.cd296045d4c6

Nick Miroff reports for the Washington Post:

TIJUANA, Mexico — The American president, a former real estate mogul, does not want Byron Garcia in the United States. But the Honduran teenager was too busy building his own hotel empire this week to worry much about that.

Vermont Avenue and Connecticut Avenue were his. Now he was looking to move up-market.

The mini-Monopoly board on the dusty floor of the migrant shelter was small, but it fit well in the small space beside the tents. His older sister, Carolina, rolled a 2 and landed on Oriental Avenue.

“That’ll be $500,” said Garcia, 15, gleefully extending his hand. “I love this game!”

Garcia is coming to America on Sunday. Or maybe not. His mother, Orfa Marin, 33, isn’t sure it will be a good day to walk up to the border crossing and tell a U.S. officer that her family needs asylum. She knows President Trump wants to stop them.

Marin and her three children are among the 300 or so remaining members of the migrant caravan who have arrived here at the end of a month-long geographic and political odyssey, a trip that has piqued Trump’s Twitter anger and opened new cracks in U.S.-Mexico relations.

Central American migrant children play Monopoly at the Movimiento Juventud 2000 shelter on April 26, 2018 in Tijuana, Mexico. (Carolyn Van Houten/The Washington Post)

The organizers of the caravan say they are planning to hold a rally Sunday at Friendship Park, the international park where a 15-foot border fence splits the beach. From there, activists and attorneys plan to lead a group of the migrants to the U.S. port of entry at San Ysidro, Calif., where they will approach U.S. Customs and Border Protection officers and formally request asylum.

. . . .

Trump has ordered U.S. soldiers to deploy and Homeland Security officials to block the migrants. But the diminished version of the caravan that has arrived here, mostly women and children, has only underscored its meekness.

Migrant families arrive on a bus at the Ejercito de Salvacion shelter on April 26, 2018 in Tijuana, Mexico after driving from Mexicali, Mexico. (Carolyn Van Houten/The Washington Post)

The families are drained after weeks of travel, coughing children and pinto beans. They have crowded here into shelters in the city’s squalid north end, where the sidewalks are smeared with dog droppings and skimpily dressed women hand out drink promotions among the strip clubs and brothels. The tall American border fence is two blocks away.

Children play on the sidewalks outside the shelters, the boredom broken whenever a car with donations arrives to drop off clothes and toys.

Central Americans migrants in Mexico have long been treated as a kind of renewable natural resource, ripe for exploitation by thieves, predators and politicians. The geopolitical importance attached to this particular group was a sign to many here that the U.S. president had recognized an opportunity, too.

“We’re not terrorists or bad people,” Marin said.

Regardless of its size, Trump officials have measured this caravan in symbolic terms, as an egregious example of the “loophole” they want to shut and an immigration system whose generosity is being abused, they say, by hundreds of thousands of Central Americas trying to dupe it.

. . . .

“These people have no option but to seek refuge in another country, and they have every right to seek asylum, they have decided to face the consequences and to be strong in demanding what is their right,” said Leonard Olsen, 26, a law student and one of several caravan organizers from the United States. He wore a tattered Philadelphia Eagles cap and arrived in Tijuana on Thursday with a busload of women and children.

. . . .

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

I can understand why guys like Trump, Sessions, Nielsen, and Homan would be scared by mothers with talented kids who show the kind of courage, honesty, humanity, and respect for law that they themselves so conspicuously lack.

Without 5th Amendment protections, who would join the Trump Administration?

PWS

04-28-18

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