Category: Nationalism

☠️👎🏻🤮GOODBYE GONZO! — Notorious Racist, Bigot, Homophobe, Misogynist Loses GOP Primary — Blinded By The Fog of Hate, Gonzo Never Understood Trump’s Sole Overriding Concern — Eventually, His Failure To Put Shielding Trump’s Corruption First Made Him “the only monument to the Confederacy that Trump was eager to remove.” (Pema Levy @ Mother Jones)

By Paul Wickham Schmidt

Exclusive for Courtside

July 14, 2020

Back before the 2016 election, GOP backbench Jim Crow hate monger Senator Jeff “Gonzo Apocalypto” Sessions saw a kindred spirit who would help him realize his whitewashed, faux Christian view of America: Donald Trump. Becoming the first Senator to endorse Trump got Gonzo a ticket to the U.S. Attorney General’s Office, where he quickly established himself as probably the worst inhabitant after the Civil War and before Billy Barr ( a period that notably includes “John the Con” Mitchell).

During his tenure, Gonzo separated families, caged kids, targeted vulnerable Latino refugee women for abuse, illegally punished “sanctuary cities,” expanded the “New American Gulag,” diverted prosecutorial resources from real crimes to minor immigration violations, expanded the “New American Gulag,” advocated discrimination against the LGBTQ community under the guise of religious bigotry, encouraged police brutality against Black Americans, aided efforts to disenfranchise Black and Latino voters, spread false narratives about immigrant crime and asylum fraud, dissed private lawyers, stripped Immigration Judges of their authority to control their own dockets, multiplied the Immigration Court backlogs, illegally tried to terminate DACA while smearing Dreamers, spoke to hate groups, issued unethical “precedent decisions” while falsely claiming to be acting in a quasi-judicial capacity, interfered with asylum grants and judicial independence, put anti-due-process production quotas on Immigration Judges, attempted to dismantle congressionally mandated “know your rights” programs, to name just a few of his gross abuses of public office. Indeed, other than Stephen Miller and Trump himself, how many notorious child abusers get to walk free in America while their victims suffer lifetime trauma?

Despite never being the brightest bulb in the pack, his feeble attempt at “legal opinions” sometimes drawing ridicule from lower court judges, Gonzo is generally credited with doing more than any other Cabinet member to advance Trump’s agenda of hate and White Nationalist bigotry. He actually was dumb enough to believe that his unswerving dedication to a program of promoting the white race over people of color and Christians over all other religions would ingratiate him with Trump. 

That would assume, however, that Trump had some guiding principle, however vile and disgusting, beyond himself. Sessions might be the only person in Washington who thought racism would trump self-protection. I’m not saying that Trump isn’t a committed racist — clearly he is. Just that his commitment to racism is subservient to his only real defining characteristic — narcissism. Just ask his niece, Mary.

Gonzo failed in the only thing that ever counted: Protecting Trump, his family, and his corrupt cronies from the Mueller investigation. It wasn’t, as some have inaccurately claimed, a show of ethics or dedication to the law.

Even Gonzo realized that participating in an investigation involving a campaign organization of which he was a member and therefore both a potential witness and target, would be an egregious ethical violation that could cost him his law license as well as a potential criminal act of perjury, given that he had testified under oath during his Senate confirmation that he intended to recuse himself. Apparently, that was on a day when Trump was too busy tweeting or playing golf to focus on the implications of that particular statement under oath by his nominee.

After Trump fired him, Gonzo’s political fortunes took a sharp downturn. A guy who polled 97% of the vote in running unopposed for the Senate in 2014, polled only 38% of the vote in overwhelmingly losing the GOP primary to former Auburn Football Coach Tommy Tuberville. Tommy, a “Trump loyalist” with extreme far-right views and no known qualifications for the job, is not much of an improvement over Sessions.

Perhaps the only good news is that Alabama currently has a very decent and competent U.S. Senator, Doug Jones (D), who represents all of the people of the state. Everybody should support Doug’s campaign to maintain decency and commitment to equal justice in Government.

For those who want a further retrospective on Sessions’s grotesque career of promoting a return to Jim Crow while on the public dole, I recommend the following articles from Mother Jones and the Advocate:

https://www.motherjones.com/politics/2020/07/jeff-sessions-ends-his-political-career-in-a-blaze-of-racism/

https://www.advocate.com/politics/2020/7/14/career-racist-homophobe-jeff-sessions-over

Goodbye and good riddance to one of America’s worst and most disgusting politicos not named Trump or Steve King.

Due Process Forever! 

PWS

07-15-20

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. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  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. HISTORICAL PERSPECTIVE: CLYDE W. FORD @ LA TIMES: “Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’”

☠️👎DEATH PANEL: Billy The Bigot’s BIA Spends 34-Pages Stomping Every Aspect Of Claim By Victim Of Trump’s MPP — Matter of M-D-C-V-

 

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDA3MTQuMjQzNjA1MjEiLCJ1cmwiOiJodHRwczovL3d3dy5qdXN0aWNlLmdvdi9lb2lyL3BhZ2UvZmlsZS8xMjkzOTcxL2Rvd25sb2FkIn0.GQ-40i9lJzne69mtiz5FLkL4ucpejz820EUlR2HEV7E/s/842922301/br/81011306761-l

Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020)

BIA HEADNOTE:

Under section 235(b)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(2)(C) (2018), an alien who is arriving on land from a contiguous foreign territory may be returned by the Department of Homeland Security to that country pursuant to the Migrant Protection Protocols, regardless of whether the alien arrives at or between a designated port of entry.

PANEL:  Board Panel: MALPHRUS and CREPPY, Appellate Immigration Judges; MORRIS, Temporary Appellate Immigration Judge.

OPINION BY: Judge Malphrus

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

The deny, deny, deny message is very clear! 

To keep what the BIA and the Administration are doing to our fellow humans in perspective, however, remember that:

  • Human Rights Watch studied the cases of more than 200 individuals who were returned to El Salvador by the Administration;
  • Of these, 138 were killed upon return;
  • Another 70 were “subjected to sexual violence, torture, and other harm, usually at the hands of gangs, or . . . went missing following their return;”

https://immigrationcourtside.com/2020/02/11/its-1939-white-nationalist-america-is-failing-humanity-again-the-st-louis-replay-history-will-neither-forget-nor-forgive-us-for-wrongfully-sending-refugees-to-thei/

That’s a high kill/abuse rate. But, that’s exactly what human rights criminals like Stephen Miller “get off on.” “Death to the other!”

And, so far, the Supremes have obliged the White Nationalists’ program of “Dred Scottification” as long as it applies to “the others,” primarily persons of color, not deserving in the elitists’ view of being treated as “persons” under the law or as “human beings” under any laws. Eventually, however, posterity will have something to say about Trump, Miller, Roberts, McConnell, Barr, Wolf, Sessions, Pence, Alito and a host of others who have knowingly participated in these intentional degradations of humanity and furthering of White Supremacy!

Due Process Forever!

PWS

07-14-20

Related posts:

  1. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  2. 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.”
  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. COURTSIDE HAS BEEN AT THE FOREFRONT OF EXPOSING THE “CRIMES AGAINST HUMANITY” COMMITTED BY THE REGIME AND THE MORAL CULPABILITY OF THOSE WHO WILLFULLY CARRY OUT & ENABLE THESE ATROCITIES — The “Mainstream Media” Is Now Channeling Courtside! — “In the meantime, no government has the right to treat people with such abject inhumanity. History will remember Trump for this, but it will also remember the people who enable such atrocious acts.”

🤡SPOTLIGHTING CLOWN COURTS: HOUSE HOMES IN ON EOIR’S MALICIOUS INCOMPETENCE IN APPROPRIATIONS BILL REPORT! — “[T]ying an immigration judge’s performance to case completion threatens due process and affects judicial independence. Section 217 of the bill prohibits EOIR’s use of case completion quotas for immigration judge performance reviews.”

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/July%209th%20report%20for%20circulation_0.pdf

The “EOIR Section” of the House Report follows:

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (INCLUDING TRANSFER OF FUNDS)

The Committee recommends $734,000,000 for the Executive Of- fice for Immigration Review (EOIR), of which $4,000,000 is from immigration examination fees. The recommendation is $61,034,000 above fiscal year 2020 and $148,872,000 below the request.

The recommendation includes $2,000,000 for EOIR’s portion of the development of the Unified Immigration Portal with the De- partment of Homeland Security (DHS) as well as increased funding for EOIR’s Information Technology (IT) modernization efforts, as requested. The recommendation also supports a level of funding that will allow for the continued hiring of immigration judges and teams. While the Committee recognizes EOIR has not requested any additional increase from its authorized position level from fis- cal year 2020, EOIR is currently well below this level and the Com-

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mittee is concerned that proposed funding increases are for posi- tions who will not be on board in fiscal year 2021.

Legal Orientation Program (LOP).—For the LOP and related ac- tivities the recommendation includes $25,000,000, of which $4,000,000 is for the Immigration Court Helpdesk (ICH) program. The LOP improves the efficiency of court proceedings, reduces court costs, and helps ensure fairness and due process. The Committee directs the Department to continue LOP without interruption, in- cluding all component parts, including the Legal Orientation Pro- gram for Custodians of Unaccompanied Children (LOPC) and the ICH. The Committee directs the Department to brief the Com- mittee no later than 15 days after enactment of this Act on how EOIR is effectively implementing these programs, including the execution of funds and any changes to the management of the pro- gram. The recommended funding will allow for the expansion of LOP and ICH to provide services to additional individuals in immi- gration court proceedings. The Committee supports access to LOP and ICHs and looks forward to receiving EOIR’s evaluation of ex- panding this program to all detention facilities and immigration courts, as directed in House Report 116–101. The Committee is deeply concerned that EOIR plans to use fiscal year 2020 funds for the procurement of a web-based application that is still under de- velopment, but did not actively discuss these changes with the Committee. While the Committee understands the coronavirus pan- demic has impacted court operations and novel approaches may be necessary for continuity, it appears a portion of these specific funds may not be fully executed in fiscal year 2020 in support of the pro- gram to pursue a new operating procedure without additional de- tails on how this will impact the LOP program in future years. The Committee is concerned that plans for a web-based application will not adhere to congressional intent to expand this program to new locations and individuals. The Committee reminds EOIR that fund- ing for this program, in its ongoing, in-person format, is mandated by law, and any diversion of these funds from their intended pur- pose must be formally communicated and convincingly justified to the Committee, consistent with section 505 of this Act.

LOP Pilot.—The Committee further directs EOIR, in coordina- tion with U.S. Customs and Border Protection (CBP), to pilot the expansion of LOP to at least one CBP processing facility with an added focus on expanding this program to family units. The Com- mittee further directs EOIR, in coordination with DHS, to assess the feasibility of expanding this pilot program nationally, and to re- port findings to the Committee no later than 180 days after the conclusion of the pilot.

Board of Immigration Appeals (BIA) Pro Bono Project.—The Committee recognizes the critical work of the BIA Pro Bono Project in facilitating pro bono legal representation for indigent, vulnerable respondents whose cases are before the Board. The Committee urges the continuation of participation of pro bono firms and non- government organizations (NGOs) in the BIA Pro Bono Project to directly facilitate case screening and legal representation. EOIR shall report annually to the Committee on the number of cases re- ferred to NGOs and pro bono legal representatives, the number of EOIR Form E 26 appeals filed against pro se respondents and filed by pro se respondents and make the information publicly available.

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Immigration case quotas.—The Committee remains concerned with the performance review standards that went into effect Octo- ber 1, 2018, which require immigration judges to complete a quota of 700 case completions per year to receive a satisfactory review. Although the Committee appreciates efforts to reduce the current backlog, tying an immigration judge’s performance to case comple- tion threatens due process and affects judicial independence. Sec- tion 217 of the bill prohibits EOIR’s use of case completion quotas for immigration judge performance reviews.

Judicial Independence and Case Management.—All courts re- quire judges to utilize case management tools in order to ensure ef- ficient use of the court’s time and resources. The Committee is con- cerned by recent Attorney General decisions that curtail the ability of immigration judges to utilize critical docket management tools, such as continuances and terminations, that enable efficient man- agement of the court’s dockets. The Committee supports the utiliza- tion of such tools to the fullest extent practicable and reaffirms its support for the authority of immigration judges to exercise inde- pendent judgment and discretion in their case decisions. Further, the Committee supports full and fair hearings for all who come be- fore the courts but remains concerned about decisions that ulti- mately keep asylum seekers, including those seeking relief from do- mestic violence, in detention for longer periods of time.

Video teleconferencing.—The Committee is frustrated by EOIR’s response to information requested in the Explanatory Statement accompanying the fiscal year 2020 Consolidated Appropriations Act regarding the publication of its policies for determining the use and dissemination of video teleconferencing (VTC) for individual merits hearings and tent court facilities. EOIR cites multiple policies on its website, but ultimately no central guidance on VTC appears to exist, outside of an interim policy document from 2004. The growth and dependence on VTC has developed since that time and it is concerning that EOIR does not have consistent rules governing the use of video teleconferencing, nor does it appear to have standards to ensure that the procedural and substantive due process of re- spondents in immigration court are protected. The Committee di- rects EOIR, within 90 days of enactment of this Act, to develop clear and consistent rules on the use of VTC hearings, including when the use of video teleconferencing is appropriate, and to de- velop rules for utilizing VTC hearings for particularly vulnerable groups such as unaccompanied minors, individuals with medical or mental health problems, and those subject to the Migrant Protec- tion Protocols (MPP) program. The Committee also directs EOIR to provide these newly developed policies to the Committee, and to make these policies publicly available.

Rocket Dockets.—The Committee is troubled by recent reports of changes in EOIR practices that expedite case processing and place unaccompanied children in so called ‘‘rocket dockets’’’ commencing their cases through VTC within days of their arrival in the United States. This practice is a shift from former precedent, and it lacks recognition that cases involving unaccompanied children are dif- ferent than detained adults. Immigration court proceedings must be tailored to the circumstances of individual cases in order to pre- serve due process and fundamental fairness, in particular for mi- nors. The Committee is equally troubled by reports that EOIR in-

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tends to expand this expedited case processing for cases involving unaccompanied children, with little knowledge about how this proc- ess impacts children, their opportunity to find counsel, or the chal- lenges with communicating with children of varying ages.

EOIR is directed to report to the Committee no later than 30 days after enactment of this Act on the number of cases involving unaccompanied children that had a Master Calendar hearing scheduled within 30 days of their Notice to Appear (NTA), the loca- tion of these cases, including whether VTC was utilized for the hearing, whether the child had counsel, and the outcome of the pro- ceedings. Further, the Committee notes that EOIR has not commu- nicated with the Committee on this change in practice and is con- cerned that EOIR is piloting and expanding a new program that has not been explicitly authorized by Congress.

Tent Court Proceedings.—The Committee is concerned that the creation of new immigration hearing facilities, often referred to as ‘‘tent courts’’’, along the border, where judges appear via video tele- conferencing (VTC). The Committee is concerned that these new fa- cilities threaten the public nature of immigration court pro- ceedings. The Committee directs EOIR to provide a report within 60 days of the enactment of this Act that provides details on EOIR’s involvement in the creation and operation of such immigra- tion hearing facilities, as well as information detailing how EOIR schedules judges for hearings and a list of judges hearing cases in these facilities. EOIR shall also post to its website information on attorney access at those facilities, as well as policies regarding pub- lic and media access.

Migrant Protection Protocol (MPP) Statistics Publication.—With- in 60 days of enactment of this Act, and quarterly thereafter, EOIR is directed to publish on its public website: (1) the number of MPP Notices to Appear (NTA) received and completed, (2) the number of continuances or adjournments in non-MPP cases due to an immi- gration judge being reassigned to hear MPP cases, (3) the number of MPP hearings that occurred via VTC, and (4) the number of im- migration judges assigned to hear MPP cases. EOIR is also di- rected to publish the number of MPP hearings delayed as a result of the coronavirus pandemic, as well as the average length of delay. EOIR is further directed to publish all workload-related data cur- rently included on its Workload and Adjudication Statistics website page in separate MPP and non-MPP formats.

EOIR is also directed to develop a plan to begin tracking the ap- pearance rate of individuals placed into removal proceedings, bro- ken out into MPP and non-MPP cases, calculated by determining the percent of individuals who have attended all scheduled hear- ings in any given quarter, regardless of whether the hearing re- sulted in a completion. The Committee directs EOIR to report on its plans no later than 180 days after enactment of this Act.

Interpreters.—The recommendation includes the requested fund- ing increase for interpretation services. While the Committee recog- nizes that increasing numbers of respondents in immigration courts require the use of interpretation and the ballooning costs as- sociated with these interpretation services, the Committee directs EOIR to pursue cost efficient measures to ensure appropriate lan- guage access for all respondents, including indigenous language speakers, and further directs EOIR to submit a report to the Com-

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mittee, no later than 90 days after enactment of this Act, outlining steps taken to reduce costs. The Committee eagerly awaits EOIR’s quarterly reports highlighting any continuances or adjournments for reasons related to interpretation as well as EOIR’s joint report with DHS on shared interpretation resources as directed in House Report 116–101.

Legal Representation.—The Committee is concerned with the low rate of representation in immigration court, and the recommenda- tion provides $15,000,000 in State and Local Law Enforcement As- sistance for competitive grants to qualified non-profit organizations for a pilot program to increase representation.

Immigration judges.—The Committee directs EOIR to continue to hire the most qualified immigration judges and BIA members from a diverse pool of candidates to ensure the adjudication process is impartial and consistent with due process. The Committee is dis- turbed by recent reports of politicized hiring processes for immigra- tion judges. The Committee directs EOIR to continue to submit monthly reports on performance and immigration judge hiring as directed in the fiscal year 2020 Explanatory Statement and is di- rected to include additional information on the status of hiring other positions that make up the immigration judge teams such as attorneys and paralegals. Finally, the Committee is concerned about a recent Department of Justice petition sent to the Federal Labor Relations Authority requesting the decertification of the Na- tional Association of Immigration Judges. The Committee recog- nizes the importance of our nation’s immigration judges and their ability to unionize.

Immigration Efficiency.—EOIR is encouraged to collaborate with the Department of Homeland Security (DHS) to explore efficiencies with regard to the co-location of DHS and DOJ components with immigration related responsibilities, including immigration courts, DHS asylum officers, medical care practitioners, and both CBP and Immigration and Customs Enforcement (ICE) immigration officers.

Alternatives to Detention (ATD) Program.—The Committee is concerned that many individuals enrolled in ICE’s ATD program will be terminated from the program before their cases are fully re- solved. Getting timely resolution of these cases is complicated by the historic volume of pending cases on EOIR’s non-detained docket schedule. The Committee recognizes the ATD program is managed by ICE, and that EOIR currently lacks information about who is enrolled. However, the Committee also recognizes that the longer an individual remains on ATD while their case is pending before EOIR, the more expensive the ATD program is per enrollee, and the less effective the ATD program is. Prioritizing ATD enrollees’ cases as if they were on the detained docket could potentially in- crease the effectiveness of the program, lower the cost per enrollee, and support more individuals in the program overall. The Com- mittee directs EOIR, in coordination with ICE, to develop an anal- ysis of alternatives to improve the timeliness of resolving cases be- fore EOIR for individuals in the ATD program, and further to con- sider as one such alternative the classification of ATD enrollees as part of the detained docket for purposes of case prioritization. EOIR is directed to brief the Committee on their findings not later than 180 days after the date of enactment of this Act.

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Court Operations during COVID–19.—The Committee under- stands that the novel coronavirus pandemic has forced the majority of Federal Government agencies to alter their normal operating procedures, and changes to court operations is no exception. How- ever, the Committee is frustrated that EOIR relied largely on Twit- ter to communicate its operational status. Many that were travel- ling, especially from Mexico, to appear at immigration court hear- ings, did not receive the updated information that the courts were closed. Even prior to the pandemic, the Committee was troubled by reports concerning the timeliness and receipt of hearing notices, as some were undeliverable as addressed and thus returned to immi- gration courts, and attempts to change addresses with the immi- gration court were often unsuccessful due to current backlogs. As of March 31, 2020, in absentia removal orders were already on the precipice of reaching the total number for all of fiscal year 2019. The Committee is concerned that the pandemic has exacerbated an already confusing process, resulting in an exponential increase in the number of removal orders for respondents who simply did not have the information to appear in court. Therefore, the Committee directs EOIR to submit a report to the Committee, within 90 days of enactment of this Act, that details the specific steps EOIR has taken since March 2020 to accommodate respondents who have missed court appearances due to COVID–19, and steps EOIR has taken to ensure respondents have a centralized mechanism to elec- tronically file an EOIR Form–33 in order to change their address remotely with EOIR, in addition to the current use of paper filings.

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

Report language from un-enacted appropriations bills doesn’t have any legal effect. But, it does show that at least on the Democratic side, legislators are beginning to penetrate the various smoke screens that DOJ and EOIR management have used to disguise their gross mismanagement and attacks on due process and to deflect blame to the victims: primarily respondents, their attorneys including pro bono groups, and in many cases their own judges and court staff. It also shows that contrary to DOJ/EOIR propaganda, pro bono programs and Legal Orientation Programs play an essential role in due process.

Let’s be very clear. This “fix-it list” will be ignored by the scofflaw kakistocracy firmly committed to a program of unfairness to migrants, hostility to pro bono organizations, worst practices, demeaning their own employees, not serving the public, and returning asylum seekers to mayhem, torture, and death without due process. However, it is a useful “to do” list for those future judicial leaders and administrators committed to judicial independence and restoring and improving due process and fundamental fairness for all in our Immigration Courts.

Hopefully, in the future, with some needed regime change this will result in an independent Article I Immigration Court replacing the unmitigated legal and management mess that has become EOIR under DOJ control.

Due Process Forever! Clown Courts Never!

PWS

07-14-20

Related posts:

  1. 🤡WELCOME TO CLOWN COURT: Where The Lives Of Millions Of Humans & The Future Of America Are Treated Like A Cruel Joke, As Complicit Article III Courts Watch This Grotesque Unconstitutional Spectacle & Parody Of Justice Unfold On Their Watch!
  2. 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.”
  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. HERE’S A SEPARATE LETTER ON THE URGENT NEED FOR AN ARTICLE I U.S. IMMIGRATION COURT THAT I SENT TO MY SENATORS AND CONGRESSMAN TODAY!

🏴‍☠️🤡KAKISTOCRACY KORNER: Experienced Immigration Judges Flee America’s Star Chambers At Record Numbers As Trump Regime’s Malicious Incompetence Triples Backlog With Twice The Number Of Judges On Bench, According To Latest TRAC Report!

🏴‍☠️🤡KAKISTOCRACY KORNER: Experienced Immigration Judges Flee America’s Star Chambers At Record Numbers As Trump Regime’s Malicious Incompetence Triples Backlog With Twice The Number Of Judges On Bench, According To Latest TRAC Report!

Transactional Records Access Clearinghouse

More Immigration Judges Leaving the Bench

FOR IMMEDIATE RELEASE

The latest judge-by-judge data from the Immigration Courts indicate that more judges are resigning and retiring. Turnover is the highest since records began in FY 1997 over two decades ago. These results are based on detailed records obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University under the Freedom of Information Act (FOIA) from the Executive Office for Immigration Review (EOIR) which administers the Courts.

During FY 2019 a record number of 35 judges left the bench. This is up from the previous record set in FY 2017 when 20 judges left the bench, and 27 judges left in FY 2018.

With elevated hiring plus the record number of judges leaving the bench more cases are being heard by judges with quite limited experience as immigration judges.

Currently one of every three (32%) judges have only held their position since FY 2019. Half (48%) of the judges serving today were appointed in the last two and a half years. And nearly two-thirds (64%) were appointed since FY 2017.

While the Court is losing many of its most experienced judges, the backlog of cases continues to balloon. It is now almost three times the level when President Trump assumed office.

Update on Disappearing Immigration Court Records

Records continue to disappear in the latest data release for updated court records through the end of June 2020. The report provides the latest statement from EOIR Chief Management Officer Kate Sheehey about this matter.

To read the full report on Immigration Judges leaving the bench as well as the Sheehey statement, go to:

https://trac.syr.edu/immigration/reports/617/

TRAC’s free web query tools which track Immigration Court proceedings have also been updated through June 2020. For an index to the full list of TRAC’s immigration tools and their latest update go to:

https://trac.syr.edu/imm/tools/

If you want to be sure to receive a notification whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1

Follow us on Twitter at:

https://twitter.com/tracreports

or like us on Facebook:

https://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563
trac@syr.edu
https://trac.syr.edu

The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (https://whitman.syr.edu) and the Newhouse School of Public Communications (https://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to https://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

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

Look folks, I’m not disputing that Susan B. Long and David Burnham of TRAC are smart people. I’m even willing to speculate that they are smarter than most of the folks still in so-called public service (that largely isn’t any more) in all three branches of our failing Government.

But, are they really that much smarter than Supreme Court Justices, Article III Federal Judges, and Legislators who have let this grotesquely unconstitutional, dysfunctional, and deadly Star Chamber masquerading as a “court system” right here on American soil unfold and continue its daily abuses right under their complicit noses? Or, do we have too many individuals in public office lacking both the human decency and moral courage to stand up against institutionalized racism, unnecessarily cruelty, corruption, and pure stupidity, all of which very clearly are prohibited by both the due process and equal protection clauses of our Constitution, not to mention the 13th and 15th Amendments. It’s not rocket science!

Enough with the Congressional and Court-enabled “Dred Scottification” of the other! That’s how we ended up with things like the “Chinese Exclusion Act” and “Jim Crow” and why we have an institutionalized racism problem now.

Instead of standing up for equal justice for all under the Constitution, the Supremes and Congress often have willingly been part of the problem — using the law knowingly and intentionally to undermine constitutionally required equal justice for all and an end to racism. And, we can see those same attitudes today, specifically in the Supremes’ ridiculously wrong, intellectually dishonest, and cowardly decisions “greenlighting” various parts of White Nationalist Stephen Miller’s bogus program of dehumanizing asylum seekers and immigrants of color. This is not acceptable performance from Justices of our highest Court!

We need better, more courageous, and more intellectually honest public officers in all three branches who are willing to stand up for individual rights, human lives, and the common good over bogus right wing legal doctrines and inhumanity cloaked in legal gobbledygook. It won’t happen overnight. But, a better America starts with throwing a totally corrupt, cruel, and maliciously incompetent President and his GOP enablers out of every public office at every level of government this November.

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

PWS

07-14-20

Related posts:

  1. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  2. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  3. FELIPE DE LA HOZ @ THE NATION: “The Shadow Court Cementing Trump’s Immigration Policy” — “It’s not a court anymore, it’s an enforcement mechanism,” said Paul Wickham Schmidt, who was himself chair of the BIA between 1995 and 2001 and now writes a popular immigration blog called Immigration Courtside. “They’re taking predetermined policy and just disguising it as judicial opinions, when the results have all been predetermined and it has nothing to do or little to do with the merits of the cases.”
  4. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!

🛡⚔️⚖️ROUND TABLE RIPS REGIME’S FRAUDULENT PROPOSED REGS ELIMINATING ASYLUM IN 36-PAGE COMMENTARY — “The proposed rules are impermissibly arbitrary and capricious. They attempt to overcome, as opposed to interpret, the clear meaning of our asylum statutes.”

Knightess
Knightess of the Round Table

Asylum Ban Reg Comments_July 2020_FINAL

INTRODUCTION

In their introduction, the proposed regulations misstate the Congressional intent behind our asylum laws.2 Since 1980, our nation’s asylum laws are neither an expression of foreign policy nor an assertion of the right to protect resources or citizens. It is for this reason that the notice of proposed rulemaking must cite a case from 1972 that did not address asylum at all in order to find support for its claim.

The intent of Congress in enacting the 1980 Refugee Act was to bring our country’s asylum laws into accordance with our international treaty obligations, specifically by eliminating the above- stated biases from such determinations. For the past 40 years, our laws require us to grant asylum to all who qualify regardless of foreign policy or other concerns. Furthermore, the international treaties were intentionally left broad enough in their language to allow adjudicators flexibility to provide protection in response to whatever types of harm creative persecutors might de- vise. In choosing to adopt the precise language of those treaties, Congress adopted the same flexibility. See e.g. Murray v. The Schooner Charming Betsy, 6 U.S. 64 (1804), pursuant to which national statutes should be interpreted in such a way as to not conflict with international laws.

The proposed rules are impermissibly arbitrary and capricious. They attempt to overcome, as opposed to interpret, the clear meaning of our asylum statutes. Rather than interpret the views of Congress, the proposed rules seek to replace them in furtherance of the strongly anti-immigrant views of the administration they serve.3 And that they seek to do so in an election year, for political gain, is clear.

In attempting to stifle clear Congressional intent in service of its own political motives, the ad- ministration has proposed rules that are ultra vires to the statute.

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

Read our full comment at the above link.

Special thanks to the following Round Table Team that took the lead in drafting this comment (listed alphabetically):

Judge Jeffrey Chase

Judge Bruce Einhorn

Judge Rebecca Jamil

Judge Carol King

Judge Lory Diana Rosenberg

Judge Ilyce Shugall

Due Process Forever! Crimes Against Humanity, Never!

PWS

07-14-20

Related posts:

  1. 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! 
  2. 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.”
  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. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!

🏴‍☠️KAKISTOCRACY UPDATE W/ CATHERINE RAMPELL @ WASHPOST: Trump’s Morally & Financially Bankrupt USCIS Stops Making Green Cards — Literally!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/how-the-trump-administration-is-turning-legal-immigrants-into-undocumented-ones/2020/07/09/15c1cbf6-c203-11ea-9fdd-b7ac6b051dc8_story.html

By Catherine Rampell

July 9 at 7:30 PM ET

The Trump administration is turning legal immigrants into undocumented ones.

That is, the “show me your papers” administration has literally switched off printers needed to generate those “papers.”

Without telling Congress, the administration has scaled back the printing of documents it has already promised to immigrants — including green cards, the wallet-size I.D.’s legal permanent residents must carry everywhere to prove they are in the United States lawfully.

In mid-June, U.S. Citizenship and Immigration Services’ contract ended with the company that had been printing these documents. Production was slated to be insourced, but “the agency’s financial situation,” USCIS said Thursday, prompted a hiring freeze that required it to ratchet down printing.

. . . .

USCIS, which is funded almost entirely by fees, is undergoing a budget crisis, largely caused by financial mismanagement by political leadership. The printing disruptions are no doubt a preview of chaos to come if the agency furloughs about 70 percent of its workforce, as it has said it will do in a few weeks absent a congressional bailout.

In recent conversations with congressional staffers about cutting contracts to save money, USCIS mentioned only one contract, for a different division, that was being reduced — and made no reference to this printing contract, according to a person who took part in those discussions. The company that had this contract, Logistics Systems Inc., did not respond to emails and calls this week requesting comment.

The administration has taken other steps in recent months that curb immigration. Presidential executive orders have almost entirely ended issuance of green cards and work-based visas for people applying from outside the country; red tape and bureaucracy have slowed the process for those applying from within U.S. borders. For a while, the agency refused to forward files from one office to another. The centers that collect necessary biometric data remain shuttered.

These pipeline delays are likely to dramatically reduce the number of green cards ultimately approved and issued this year.

Under normal circumstances, immigrants who need proof of legal residency but haven’t yet received their green card would have an alternative: get a special passport stamp from USCIS. But amid covid-related changes, applicants must provide evidence of a “critical need,” with little guidance about what that means.

“The bottom line is that applicants pay huge filing fees, and it appears that these fees have apparently been either squandered through mismanagement or diverted to enforcement-focused initiatives, to the great detriment of applicants as well as the overall efficiency of the immigration process,” says Anis Saleh, an immigration attorney in Coral Gables, Fla. “The administration has accomplished its goal of shutting down legal immigration without actually changing the law.”

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

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

It should come as no surprise that an agency under unqualified White Nationalist Ken “Cooch Cooch” Cuccinelli is being run into the ground and has lost its mission through misdirection and mismanagement. That’s basically Cooch’s story in a nutshell as those of us know in Virginia, where we count ourselves most fortunate not to have him as our Governor.

I have written previously about how the regime’s “malicious incompetence” has bankrupted once self-sustaining USCIS while destroying our legal immigration and asylum systems that benefit the US and individual migrants and refugees in numerous ways. I made the rather obvious point that the House Dems should not bail out this regime on USCIS, but rather require that the money be found by reprograming funds from bloated, wasteful, ineffective, and inhumane DHS enforcement programs, starting with the wall.

https://immigrationcourtside.com/2020/07/07/%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8f%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8f%f0%9f%a4%ae%f0%9f%91%8ekakistocracy-korner-trumps-malicious-incompetence-bankrupts-once-profitable-immigration-age/

The solution to maliciously incompetent freeloaders like the Trump immigration kakistocracy is not to provide more bailouts as rewards for their misconduct and mismanagement.

A recent report from the American Immigration Council shows how DHS enforcement spending has bloated to over $25 billion annually at then same time the Trump kakistocracy has mismanaged USCIS into bankruptcy. https://www.americanimmigrationcouncil.org/research/the-cost-of-immigration-enforcement-and-border-security

And, we haven’t really gotten much return on that investment, Here’s a key quote from the AIC Report:

What has this spending bought? The United States currently has roughly 700 miles of fencing along the Southern border, record levels of staff for ICE and CBP, as well as a fleet of drones, among other resources. Some of these resources have been spent on ill-conceived projects, such as the $1 billion attempt to construct a “virtual fence” along the Southwest border, a project initiated in 2005 that was later scrapped for being ineffective and too costly. CBP announced a similar project in July 2020 to install a total of 200 “Autonomous Surveillance Towers” along remote areas of the southern border at a reported cost of several hundred million dollars.

Even with record level spending on enforcement, enforcement alone is not sufficient to address the challenges of undocumented migration. It also has significant unintended consequences; according to U.S. Border Patrol statistics, the Southwest border witnesses close to one death per day. All of these efforts that have accumulated in the name of security, however, do not necessarily measure border security properly, or make the border more secure. It is past time for the United States to turn away from costly and haphazard efforts to secure the border and instead focus on reining in the costs of border enforcement.

I argue that the regime’s focus on removing folks who were peacefully residing in the U.S. and contributing to our economy, many with U.S. citizen family members who are then left in dire straits, has actually been detrimental to America, in addition to killing the Immigration Courts.

Likewise, the shutdown of our legal refugee, asylum, and immigration systems without legislation has not only placed our nation among the ranks of human rights violators and harmed or endangered human lives, but also deprived us of individuals with a powerful history of making outsized contributions to our society and our economy.

I doubt that a rational immigration policy and system that looked at the real national interest, rather than the mythologized White Nationalist, fundamentally racist version of it, would require such a huge, yet largely counterproductive, enforcement apparatus. At a minimum, costs for civil detention and removals could be cut substantially in a better system.

Due Process Forever! More public welfare handouts for the kakistocracy, never!

PWS

07-12-20

Related posts:

  1. IT’S NEVER BEEN ABOUT “LEGAL V. ILLEGAL,” “BORDER SECURITY,” “JOBS,” OR “GETTING IN (NON-EXISTENT) LINES” — The Trump Regime Has Always Been About A White Nationalist Immigration Agenda Of Hate!
  2. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  3. 🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 
  4. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸

CHARLES M. BLOW @ NYT: TIME TO START CALLING IT WHAT IT IS:  “It is time for us to simply call a thing a thing: White supremacy is the biggest racial problem this country faces, and has faced. It is almost always the cause of unrest around race. It has been used to slaughter and destroy, to oppress and imprison. It manifests in every segment of American life.”

 

https://www.nytimes.com/2020/07/08/opinion/racism-united-states.html

Blow writes in The NY Times:

Now that we are deep into protests over racism, inequality and police brutality — protests that I’ve come to see as a revisiting of Freedom Summer —  it is clear that Donald Trump sees the activation of white nationalism and anti-otherness as his path to re-election. We are engaged in yet another national conversation about race and racism, privilege and oppression.

But, as is usually the case, the language we used to describe the moment is lacking. We — the public and the media, including this newspaper, including, in the past, this very column — often use, consciously or not, language that shields anti-Black white supremacy, rather than to expose it and hold it accountable.

We use all manner of euphemisms and terms of art to keep from directly addressing the racial reality in America. This may be some holdover from a bygone time, but it is now time for it to come to an end.

Take for instance the term “race relations.” Polling organizations like Gallup and the Pew Research Center often ask respondents how they feel about the state of race relations in the country.

I have never fully understood what this meant. It suggests a relationship that swings from harmony to disharmony. But that is not the way race is structured or animated in this country. From the beginning, the racial dynamics in America have been about power, equality and access, or the lack thereof.

Protests, and even violence, have erupted when white people felt their hold on those things was threatened or when Black people — or Indigenous people, or Hispanics — rebelled against those things being denied.

So what are the relations here? It is a linguistic sidestep that avoids the true issue: anti-Black and anti-other white supremacy.

. . . .

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

Read the rest of the article at the link. 

White Supremacy is at the core of Donald Trump and today’s GOP. It is willfully enabled by Chief Justice John Roberts and other Supreme Court Justices who refuse to acknowledge the obvious anti-Hispanic and anti-people of color motivations behind unconstitutional and inhuman immigration and asylum restrictions designed by notoriously outspoken neo-Nazi racist Stephen Miller. 

Likewise, the intellectually corrupt Supremes’ majority fails to prevent the GOP’s racist strategy of suppressing voting rights of African Americans and Latinos. The unconstitutionality of these schemes to deny the vote and dilute the political power of people of color has been crystal clear under our Constitution since the enactment of the 15th Amendment to the U.S. Constitution in 1870. 

You don’t need a Harvard law degree to figure this out. Just honesty, courage, and intellectual integrity — things that I once took for granted among Supreme Court Justices, but now see are sorely missing on today’s Court where extreme rightist ideology identified with white supremacy has replaced judicial qualifications as selection criteria when the GOP was in charge.

Ending white supremacy in America will require ousting Trump and the GOP and ending the GOP’s power to put more unqualified judges who are opposed to racial and social justice in America on the Federal Bench.

This November, vote like your life and our nation’s future depend it it. Because they do!

PWS

07-09-20

Related posts:

  1. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!
  2. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  3. FELIPE DE LA HOZ @ THE NATION: “The Shadow Court Cementing Trump’s Immigration Policy” — “It’s not a court anymore, it’s an enforcement mechanism,” said Paul Wickham Schmidt, who was himself chair of the BIA between 1995 and 2001 and now writes a popular immigration blog called Immigration Courtside. “They’re taking predetermined policy and just disguising it as judicial opinions, when the results have all been predetermined and it has nothing to do or little to do with the merits of the cases.”
  4. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻

🤮☠️🏴‍☠️ ⚰️As American Governance Crumbles, Desperate Neo-Nazi Regime Rolls Out Plans For More “Crimes Against Humanity” Targeting Helpless Refugees Legally Seeking Asylum — These Cowardly, Immoral, & Patently Unconstitutional Deeds Are Being Done in OUR Name While The Complicit Supremes Watch What They Have Enabled & Encouraged By Abandoning Humanity, Our Constitution, Intellectual Integrity, & American Values! 

 

https://www.nbcnews.com/politics/immigration/trump-admin-plans-block-asylum-seekers-u-s-citing-public-n1233253

From NBC News:

July 8, 2020, 6:35 PM EDT

By Julia Ainsley and Adiel Kaplan

The Trump administration has proposed a new rule that would allow it to deny asylum to immigrants who are deemed a public health risk.

The soon-to-be published rule would let the Department of Homeland Security and Department of Justice to block immigrants from seeking asylum in the U.S. based on “potential international threats from the spread of pandemics,” according to a notice announcing it Wednesday.

The rule would apply to immigrants seeking asylum and those seeking “withholding of removal” — a protected immigration status for those who have shown they may well face danger if returned to their home countries.

. . . .

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

Read the rest of the article at the link.

This outrageous, totally pretextual, racist proposal violates the Constitution, asylum laws, international agreements, morality, and human values. The factual basis is absurd since there has been no showing that asylum applicants are a source of COVID spread. To the contrary, unnecessarily detained asylum applicants have been victims of Trump’s failed policies. Moreover, if DHS actually were worried about COVID, they could easily test and quarantine to identify and deal constructively and humanely with the few applicants who might have been infected someplace other than DHS facilities.

This is White Nationalist racism at its worst.

We need better judges, and particularly better Justices on the Supremes, for a better America! Judges who will prevent, rather than encourage, racist-driven “crimes against humanity.” Standing up against such crimes, particularly when they are disgracefully directed by a racist Executive at our most vulnerable humans, should be a “no-brainer” for a unanimous Supremes with Justices qualified for the high offices they hold. For the “JR Five” a “no brainer” has too often been a “non-starter.” So, the regime’s gross abuses of migrants and people of color and the damage, societal disorder, wasted time, squandered resources, and the human misery they cause roll on.

“Dred Scottification” is wrong! Period! And Supreme Court Justices who enable it are wrong for America!

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

PWS

07-09-20

Related posts:

  1. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻
  2. 🇺🇸🗽⚖️MORE GOOD NEWS FOR AMERICA AS TRUMP KAKISTOCRACY☠️🦹🏿‍♂️⚰️ FINALLY COMES TO AN END: Biden Will Move Immediately For Sane, Humane, Practical Immigration Policies — Wants To Put Trump’s Cruel, Racist, Stupid Abuses Of Humanity, Common Sense, Rule Of Law, & America’s Immigrant Heritage In The Rear-View Mirror! — Promises Reversal Of DHS’s Role As White Nationalist “Political Police Force”🏴‍☠️☠️ That Beat Up On the Most Vulnerable While Ignoring Real Security Threat Posed By Trump-Inspired Righty Domestic Terrorists!
  3. 🏴‍☠️☠️🤮⚰️👎🏻 “PERP NATION” — DHS’S “NEW AMERICAN GULAG” IS A DEATH TRAP FOR MIGRANTS SEEKING JUSTICE — So Why Haven’t Congress & The Federal Courts Required DHS To Comply With The Constitution? — Because We Have The Wrong Folks In Congress & The Federal Courts!
  4. CRIME BLOTTER: CHILD ABUSE🤮☠️⚰️🦹🏿‍♀️: DOJ IG REPORT CONFIRMS WHAT COURTSIDE & OTHERS KNEW FROM THE START: Trump, Sessions, Miller, Rosenstein, Hamilton Are Cowards🐓, Lying 🤥 Criminals, Child Abusers🦹🏿‍♀️, Who Belong Behind Bars For Intentionally Abusing Asylum Seeking Families & Kids & Then Having Their Sleazy DOJ Lawyers Lie To Federal Judges! — What Happened To “Due Diligence” As An Ethical Requirement For Government Lawyers?

🏴‍☠️KAKISTOCRACY COSTS: Trump Regime’s White Nationalist Attack on Foreign Students Threatens $40 Billion 💸 Hit on U.S. Economy! 

🤡☠️👎🏻

https://www.washingtonpost.com/opinions/trump-uses-the-coronavirus-to-impede-immigration-his-aim-at-foreign-students-is-a-new-low/2020/07/07/ec3ca966-c06a-11ea-b178-bb7b05b94af1_story.html

From WashPost Editorial Board:

By Editorial Board

July 7 at 3:54 PM ET

THE TRUMP administration has used the novel coronavirus as  license to indiscriminately kill off and impede every sort of immigration — legal and illegal, permanent and temporary, work- and family-based. On Monday, it took aim at the more than 1  million international students enrolled at U.S. colleges and universities, threatening them with deportation if their classes move online, as many already have.

U.S. Immigration and Customs Enforcement made the announcement as a growing number of colleges, facing a widening pandemic, have shifted entirely or largely to virtual learning for the fall. International students at those institutions, who represent a sizable cohort, will have to go home or transfer to another school that offers in-person classes.

ICE provided no rationale — unsurprising, given that it is unfair and irrational as a matter of policy. But within hours of its announcement, President Trump sought to make school closings into an election issue. Democrats, he claimed on Twitter, want schools closed “for political reasons, not health reasons,” to help them in the fall elections.

[[Full coverage of the coronavirus pandemic]]

That’s preposterous. Colleges and universities have scrambled to devise plans to operate safely in the fall, in some cases pivoting from one scenario to another as the virus has spread. Last week, the University of Southern California reversed course, scrapping a mix of in-person and online classes at its campus in pandemic-plagued Los Angeles and shifting to a mostly virtual schedule. Those decisions have nothing to do with partisan politics, nothing to do with the fall elections and nothing to do with Mr. Trump.

The new rule means colleges that depend critically on tuition revenue from international students — many from China, India and South Korea — will be under pressure to offer in-person classes even in places where covid-19 is a major threat. International students will face deportation even if their colleges, facing a fresh outbreak, shift mid-semester from in-person to online classes. International students with preexisting conditions will feel forced to attend in-person classes despite the risk to their lives.

Those students, who constitute 5.5 percent of overall higher education enrollment, contributed more than $40 billion to the U.S. economy in the 2019-2020 academic year. They provide a steady stream of energetic, talented youth, some of whom make key contributions to the U.S. economy and form lifelong ties with U.S. businesses and scientific and cultural institutions.

None of that matters to Mr. Trump, who has made it a personal and political crusade to rid the nation, to the extent possible, of foreigners. Last month, his administration suspended work visas for various non-immigrant categories and widened a ban on new green cards for applicants outside of this country. Under cover of the pandemic, asylum seekers have been effectively banned from the United States for the first time in modern history, and many U.S. embassies and consulates remain shut, closing off other avenues of legal entry for visitors, workers and immigrants alike.

The president’s goal is to turn America’s back on the world. Sadly, it is Americans, and institutions like U.S. universities, that will pay the price.

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

This could well put some colleges and universities out of business. Racism is not only stupid and immoral, it costs the U.S. big time, in “real dollars” as well as in goodwill and “moral capital.”

Vote ‘Em Out in November — at all levels! Let America and everyone in it realize their full potential! End racism in America by sending the racists packing!

PWS

07-08-20

Related posts:

  1. 😰👹👺🏴‍☠️☠️⚰️🤮“DARKNESS ON THE EDGE OF TOWN” — Nicole Narea @ Vox With A Glimpse Of Trump’s Second Term: American Apocalypse — Dark, Ugly, Hateful, Violent, Dishonest, Exclusionary, Stupid, Racist, Diminished, Yet Very White & Privileged — Are People Of Color & Their Allies Really Going To Stand By & Watch While Their Past & Our Future As A Strong, Creative, Tolerant, Diverse, Humane Nation Is Written Out Of History By A Racist GOP & Its Totally Wacko Yet Dangerously Evil Cult Leader?
  2. JIM CROW WINS, AMERICA LOSES, AGAIN — WHITE NATIONALIST CLOWN-IN-CHIEF 🤡 HALTS IMMIGRATION TO DIVERT ATTENTION FROM MASSIVE FAILURE OF GOVERNANCE, AS FECKLESS DEMS PROTEST! — Announced By Tweet At Time When Borders Closed Anyway — A “pathetic attempt to shift blame from his Visible Incompetence to an Invisible Enemy,” Says Sen. Tim Kaine (D-VA) 😰👎🏻
  3. 🏴‍☠️☠️🤮⚰️👎🏻KAKISTOCRACY HAS CONSEQUENCES: CLIMATE MIGRATION IS ONE OF THEM! — Trump’s Stupidity & Cruelty On Immigration Climate Science, & Disease Control Promises Horrible Global Human Disaster For Future Generations — Empowering & Enabling A Moron Is Always A Very Bad Idea!  — No Idiotic Wall Or “Drill Baby Drill” Insanity Is Going To Prevent This Human Catastrophe We Are Inflicting On Those Who Follow!
  4. 🏴‍☠️NEW JIM CROW: Miller Uses Pandemic To Revive Racist Myths & Stereotypes About Dangers Of Immigrants! — A White Nationalist’s Dream Comes True!

🏴‍☠️☠️⚰️🤮👎KAKISTOCRACY KORNER: Trump’s Malicious Incompetence Bankrupts Once-Profitable Immigration Agency — The Solution Is NOT More Public Assistance For The Regime’s Freeloaders!

 

https://www.washingtonpost.com/opinions/trump-brings-atlantic-city-style-bankruptcy-to-americas-immigration-agency/2020/07/03/a4619ff8-bc04-11ea-bdaf-a129f921026f_story.html

From the WashPost Editorial Board:

By Editorial Board

July 4 at 8:30 AM ET

AS A business mogul in Atlantic City, Donald Trump ran casinos that teetered continually toward bankruptcy, costing gullible investors well over $1 billion. Now President Trump’s policies have bankrupted the federal government’s main agency overseeing legal immigration, U.S. Citizenship and Immigration Services, which is on the brink of imposing furloughs on thousands of its employees and is begging Congress for a bailout.

USCIS, which handles green cards for permanent legal residents, manages citizenship procedures and vets visa applicants, depends for its operating revenue almost entirely on fees from “customers,” meaning immigrants. The business model Mr. Trump’s administration devised for USCIS was a recipe for financial ruin: deplete income by driving away fee-paying applicants and pile up expenses by hiring thousands of new employees. Little wonder that after three-and-a-half years, USCIS has gone hat in hand to Congress, pleading for $1.2 billion. Without the extra funds — for an agency meant to be self-sufficient — USCIS has said more than 13,000 employees, of some 20,000 total workers, will be furloughed without pay indefinitely, starting next month.

Under Mr. Trump, USCIS has become a model of dysfunction. Perversely, that may be just fine with a White House that has been intent on deterring not only undocumented migrants but legal immigrants as well. It has done the latter largely through a matrix of policies that have made the agency much less a means by which immigrants are connected with U.S. employers and reconnected with relatives living in this country, and much more a nearly impassable obstacle course.

Well before the pandemic, applications for an array of immigrant categories plummeted as word spread that layers of new rules and vetting were driving down approval rates, and even trivial mistakes such as typos in applications would trigger rejections. In-person interviews were added as requirements for applicants who had not previously needed them, including skilled workers already in the country who needed visa extensions. Green card applications slumped in the Trump administration’s first two years and might fall further as applicants learn they would be disqualified if deemed likely to need public benefits such as subsidized housing or food stamps. The pandemic accelerated the agency’s death spiral as revenue derived from fees has dropped by half since March.

The effect of a mass furlough of USCIS staff would be to throw even more grit into the bureaucratic gears, further slowing approvals for work permits, including for high-skilled immigrants, and green cards. If the administration is intent on breaking the nation’s complex immigration machinery, which has supplied American businesses with the talent and energy of millions of employees, it is on the right path.

Employers are alarmed at the prospect of such a breakdown, with good reason. Virtually every sector of the country’s economy depends on a steady supply of immigrants, which in itself is justification for Congress to reassess USCIS’s fee-based model. Immigrants have provided the spark, drive and muscle that have driven growth and success in the United States since its founding. Given their contributions, it seems a gratuitous burden that they are also required to shoulder the cost of their admission to the country.

***************** 

The solution is actually very simple. Congress should require DHS to reprogram the necessary funds to run USCIS from the unneeded wall, unnecessary and often illegal immigration detention, and counterproductive civil deportations. All private detention contracts should be terminated and the money repurposed to USCIS. There should be a moratorium on DHS removals until USCIS is back in full operation and has eliminated all backlogs. Fee increases should be barred. 

Exceptions should be made allowing deportations for those convicted of “aggravated felonies” and those whom the DHS can show by clear and convincing evidence entered the U.S. illegally after the date of enactment, following an opportunity for a full and fair hearing before a U.S. Magistrate Judge at which they will have an opportunity to apply for asylum and other protections without regard to any regulation or precedent decision issued during the Trump Administration. Appeal from any adverse decision may be had by either party to the U.S. District Judge and from there to the Court of Appeals with an opportunity to petition the Supreme Court for review. U.S. District Judges shall have the option of designating sitting U.S. Immigration Judges (but not anyone who has served a BIA Appellate Immigration Judge) with five or more years of judicial experience to serve as a “Special U.S. Magistrate Judge” to hear such immigration cases.

If Democrats can’t get a “veto proof majority” in both houses, they should just let the USCIS remain in bankruptcy until we get better Government. Like the rest of the Trump immigration kakistocracy, USCIS is a dysfunctional mess 🤮 that serves no useful purpose under current conditions. 

Welfare Reform: We’ve identified the largest group of “welfare cheats” in U.S. history. Collectively, this gang of public benefits fraudsters is known as “The Trump Administration.” Its Members are worse than useless. We are actually paying them to pollute our environment, inhibit our voting, spread deadly disease, block access to health insurance, undermine scientific truth, destroy our justice system, defend Confederate statues, spread racism and hate, commit crimes against humanity, turn our nation into a despised international laughingstock, and often line their own pockets and pockets of their cronies with ill-gotten loot while doing it. 

But we have it in our power to end these gross abuses of our public purse and to throw this dangerous band of indolent sponges on society off the public dole! This November, vote like your life and the future of our nation depend on it! Because they do! 

PWS

07-06-20

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. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  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. 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.”

🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!

Trump Administration Makes Immigration Courts an Enforcement Tool by Appointing Prosecutors to Lead

AILA Doc. No. 20070696 | Dated July 6, 2020

CONTACTS:
George Tzamaras
202-507-7649
gtzamaras@aila.org		 Belle Woods
202-507-7675
bwoods@aila.org

 

WASHINGTON, DC — The American Immigration Lawyers Association (AILA) condemns the Trump administration’s recent ramp-up of efforts to turn the immigration court system into an enforcement tool rather than an independent arbiter for justice. The immigration courts are formally known as the Executive Office for Immigration Review (EOIR) and are overseen by the Department of Justice (DOJ).

AILA President Jennifer Minear, noted, “AILA has long advocated for an independent immigration court, one that ensures judges serve as neutral arbiters of justice. This administration has instead subjected the courts to political influence and exploited the inherent structural flaws of the DOJ-controlled immigration courts, which also prosecutes immigration cases at the federal level. The nail in the coffin of judicial neutrality is the fact that the administration has put the courts in the control of a new Chief Immigration Judge who has no judicial experience but served as ICE’s chief immigration prosecutor. No less concerning is DOJ’s recent choice for Chief Appellate Immigration Judge – an individual who also prosecuted immigration cases and advised the Trump White House on immigration policy. This administration continues to weaponize the immigration courts for the sole purpose of accelerating deportations rather than dispensing neutral justice. Congress must investigate these politically motivated appointments and pass legislation to create an independent, Article I immigration court.”

Among the recent actions taken by this administration to bias the immigration courts:

More AILA resources on the immigration courts can be found at: https://www.aila.org/immigrationcourts.

Cite as AILA Doc. No. 20070696.

 

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

As a friend and former colleague said recently “I would have thought that the one thing everyone could get behind, regardless of political philosophy, would be a neutral court system.” Sadly, not so in today’s crumbling America.

There are three groups blocking the way:

  • The Trump Administration, where due process only applies to Trump and his corrupt cronies;
  • GOP legislators whose acquittal of Trump against the overwhelming weight of the evidence shows exactly what due process means to them;
  • Five GOP-appointed Justices on the Supremes who don’t believe that due process applies to all persons in the US, notwithstanding the “plain language” of Article 5 of our Constitution — particularly if those persons have the misfortune to be asylum seekers of color.

The end result is “Dred Scottification” — that is, dehumanization or “de-personification” of “the other.” The GOP has made it a centerpiece of their failed attempt to govern, from voter suppression, to looting the Treasury for the benefit of the rich and powerful, to immunity for law enforcement officers who kill minorities, to greenlighting cruel, inhuman,and counterproductive treatment of lawful asylum seekers and immigrants. Not surprisingly, this essentially “Whites Only” view of social justice is ripping our nation apart on many levels.

I find it highly ironic that at the same time we are rightfully removing statutes of Chief Justice Roger Taney, a racist who authored the infamous Dred Scott Decision, Chief Justice Roberts and four of his colleagues continue to “Dred Scottify” asylum seekers and other immigrants, primarily those of color, by denying them the due process, fundamental fairness, fair and impartial judges, and, perhaps most of all, racist-free policies that our Constitution demands! 

Compare the “due process” afforded Trump by the GOP Senate and the pardon of a convicted civil and human rights abuser like “Racist Sheriff Joe” with the ugly and dishonest parody of due process afforded Sister Norma’s lawful asylum seekers whose “crime” was seeking fair treatment, justice, and an acknowledgement of their humanity from a nation that has turned it’s back on those values. 

https://immigrationcourtside.com/2020/07/06/%f0%9f%98%8e%f0%9f%97%bd%e2%9a%96%ef%b8%8fgood-news-9th-cir-deals-another-blow-to-stephen-millers-illegal-white-nationalist-war-on-asylum-now-will-the-supremes-majority-stan/

What Sister Norma’s article did not mention is that those who survive in Mexico long enough to get to “court” have their asylum claims denied at a rate of about 99% by an unfair system intentionally skewed and biased against them. Most experts believe that many, probably a majority, of those being denied actually merit protection under a fair and impartial application of our laws. 

But, as pointed out by AILA, that’s not why Billy the Bigot has appointed prosecutors as top “judges” and notorious asylum deniers as “appellate judges.” He intends to perpetuate a highly unfair “deportation railroad” designed by infamous White Nationalist racist Stephen Miller. In other words, our justice system is being weaponized in support of an overtly racist agenda formulated by a racist regime that has made racism the centerpiece of its pitch for remaining in office. Incredible! Yet true!

The Supremes have life tenure. But, the other two branches of our failing Government don’t. And, a better Executive and a better Legislature that believe in our Constitution and equal justice for all is a necessary start on a better Federal Judiciary — one where commitment to due process, fundamental fairness, and equal justice for all is a threshold requirement for future judicial appointments. Time to throw the “non-believers” and their enablers out of office.

This November, vote like your life and our country’s existence depend on it! Because they do!

PWS

07-07-20

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. COURTSIDE HAS BEEN AT THE FOREFRONT OF EXPOSING THE “CRIMES AGAINST HUMANITY” COMMITTED BY THE REGIME AND THE MORAL CULPABILITY OF THOSE WHO WILLFULLY CARRY OUT & ENABLE THESE ATROCITIES — The “Mainstream Media” Is Now Channeling Courtside! — “In the meantime, no government has the right to treat people with such abject inhumanity. History will remember Trump for this, but it will also remember the people who enable such atrocious acts.”
  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. 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! 

😎🗽⚖️GOOD NEWS: 9th Cir. Deals Another Blow To Stephen Miller’s Illegal White Nationalist War On Asylum! Now, Will The Supremes’ Majority Stand For Equal Justice Under Law, Or Will They Again Side With A Racist Regime & Its “Crimes Against Humanity?”🏴‍☠️☠️⚰️👎

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

 

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca9-upholds-injunction-against-asylum-rule

 

 

Dan Kowalski reports for LexisNexis Immigration Community:

 

Immigration Law

 

Daniel M. Kowalski

6 Jul 2020

CA9 Upholds Injunction Against Asylum Rule

East Bay Sanctuary Covenant v. Barr

“On July 16, 2019, the Department of Justice and the Department of Homeland Security published a joint interim final Rule without notice and comment, entitled “Asylum Eligibility and Procedural Modifications” (the “Rule”). With limited exceptions, the Rule categorically denies asylum to aliens arriving at our border with Mexico unless they have first applied for, and have been denied, asylum in Mexico or another country through which they have traveled. We describe the Rule in detail below. Plaintiffs are nonprofit organizations that represent asylum seekers. They brought suit in district court seeking an injunction against enforcement of the Rule, contending that the Rule is invalid on three grounds: first, the Rule is not “consistent with” Section 208 of the Immigration and Nationality Act, 8 U.S.C. § 1158; second, the Rule is arbitrary and capricious; third, the Rule was adopted without notice and comment. The district court found that plaintiffs had a likelihood of success on all three grounds and entered a preliminary injunction against enforcement of the Rule, with effect in the four states on our border with Mexico. We hold that plaintiffs have shown a likelihood of success on the first and second grounds. We do not reach the third ground. We affirm.”

 

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

This isn’t rocket science. Neither the legal nor moral issues are particularly difficult in this case. Indeed, the Supremes should unanimously have tossed Solicitor General Noel Francisco out on his tail the last time he unethically requested their intervention. Instead, they rewarded him, thus enabling and encouraging further “crimes against humanity.”

Unfortunately, this Supremes’ majority has had a hard time seeing people of color, and particularly those seeking asylum and other legal protections under our laws, as human. Even though the lower Federal Courts have essentially made things easy by showing exactly why these racist-inspired policies are illegal, a Supremes majority has chosen to advance Stephen Miller’s White Nationalist agenda, sometimes hiding behind a smokescreen of nonsensical legal gobbledygook, while other times choosing to act without bothering to provide any rationale at all.

One thing is for certain. Someday, after the fall of Trump, and the banishment of Miller, the Justices who advanced their unconstitutional, illegal, racist immigration agenda will try to “save their legacies” by putting some distance between themselves and the neo-Nazi ramifications of their votes. It’s critically important for those of us who see exactly what’s happening to insure that the names of justices and judges who sided with Stephen Miller are inextricably linked for the rest of time with his disgraceful racist legacy of “crimes against humanity.”

There is only one side of history here! And, it’s certainly not with Stephen Miller and his enablers, be they judges, legislators, public officials, or voters.

Read today’s op-ed by Sister Norma Pimentel, of the Missionaries of Jesus, executive director of Catholic Charities of the Rio Grande Valley in Brownsville, Tex whose courage and dedication to human rights and the rule of law puts complicit judges to shame. Sister Pimentel lives and observes every day the grotesque, unforgivable “crimes against humanity” and disparagement of the human dignity of asylum seekers effected by Miller’s judicially-enabled campaign of hate, dehumanization, and abuse of power. https://www.washingtonpost.com/opinions/covid-19-has-come-to-our-migrant-camp-it-makes-ending-the-mpp-policy-even-more-urgent/2020/07/03/455cacf8-bd41-11ea-8cf5-9c1b8d7f84c6_story.html

She writes, in part:

Meanwhile, the pandemic has made it more difficult to care for those who are arriving at the border each day. Since that lone covid-19 case was identified, Mexico’s National Immigration Institute has not allowed the camps to accept any new arrivals. So refugees are being turned away and have no place to go. Some are being placed in hotels or churches, and volunteers are desperately looking for other options.

Within the camp, we have had to limit the volunteers’ activities — there are 10 to 20 volunteers allowed to enter and help provide the people with food, water and basic health care. We have set up areas for washing hands, and try to provide hope and reassurance amid the uncertainty. All this makes it even harder to keep the camps safe from the cartels and gangsters who continue to prey on these largely defenseless asylum seekers.

That young woman who tested positive for the coronavirus has been transferred to a covid-19 center operated by Doctors Without Borders. We pray for her recovery, and we pray for all the families’ safety, for their protection and for a resolution to their untenable situation.

While I know many people in many places are dealing with so much, I urge you not to look away from the border in this moment. Do not ignore the suffering occurring here. It is time that we put an end to it, and to end the MPP policy. Until that happens, we will continue to help those who are defenseless, whose only real “crime” is trying to seek protection for themselves and their families.

Sister Norma Pimentel
Sister Norma Pimentel

In addition to highlighting inhumanity, Sister Pimentel shows the gross intellectual fraud and immorality in the Trump Regime’s bogus claim that asylum seekers present a significant threat of spreading COVID-19. If anything, it’s the exact opposite which is most often the case with the Trump regime’s endless racist false narratives and fake “horror stories” about immigration.

It also exposes yet again both the intellectual dishonesty and immorality of those who present “pretextual justifications” for illegal acts being perpetrated by our Government against the most vulnerable and the spineless performance of judges who claim to accept at face value that which any reasonable person knows to be a pretext for racism and inhumanity.

The intent behind these bogus regulation changes and programs like the “Migrant Protection Protocols” (or, more properly, “Let ‘Em Die in Mexico”) is very clear: dehumanize “the other” – in this case primarily brown skinned asylum seekers. But, in the process of letting this happen and tolerating legislators and judges without the decency to stand up for the rights of our fellow humans, WE are the ones who actually are dehumanized. We’re not allowed to look away from the horrors being perpetrated by the Trump regime in our name!

 

Due Process Forever!

 

 

PWS

 

07-06-20

 

 

Related posts:

  1. WHERE’S THE OUTRAGE? — 9th CIRCUIT JUDGES ASSIST REGIME’S AGENTS IN COMMITTING “CRIMES AGAINST HUMANITY” MERE YARDS FROM THE BORDER! — NDPA Leader Jodi Goodwin, Esquire, Speaks Out: “I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me. I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.”
  2. WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!
  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?” 

🤡☹️A COURT W/O FRIENDS (THAT ISN’T A “COURT” AT ALL): EOIR Director Adopts Amicus’s Suggested Clarification, Then Shoots Messenger — Matter of Bay Area Legal Services, Inc. (“Bay Area II”)

Michelle Mendez
Michelle Mendez
Defending Vulnerable Populations Director
Catholic Legal Immigration Network, Inc. (“CLINIC”)
EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

Michelle Mendez responds for CLINIC to McHenry’s latest decision in an e-mail to Dan Kowalski at LexisNexis Immigration Community:

Subject: [immprof] RE: Matter of BAY AREA LEGAL SERVICES, INC., 28 I&N Dec. 16 (DIR 2020)

 

Dan, thank you for sharing this new decision from EOIR Director McHenry.

 

This second decision in Matter of BAY AREA LEGAL SERVICES, INC. from EOIR Director McHenry may seem to come out of nowhere so, since the decision is aimed at CLINIC, we would like to provide background.

CLINIC’s network is comprised of approximately 380 immigration legal services organizations many of which have successfully relied on Recognition and Accreditation program to expand their legal services capacity in serving low-income immigrant communities. In support of our network, CLINIC has specifically catered to the needs of Accredited Representatives by, as examples, designing trial skills and legal writing trainings just for them and supporting them on their accreditation applications to EOIR. Given our expertise and interest in the Recognition and Accreditation program, when EOIR Director McHenry issued a call for amicus briefs on Recognition and Accreditation issues, CLINIC submitted a brief and we later learned, via the (first) decision in Matter of BAY AREA LEGAL SERVICES, 27 I&N Dec. 837 (DIR 2020), that we were the sole org to appear as amicus.

 

Unfortunately, in Matter of BAY AREA LEGAL SERVICES, 27 I&N Dec. 837 (DIR 2020), EOIR Director McHenry’s discussion of the skills needed to attain full accreditations was vague, unclear, and therefore confusing. Footnotes 13 and 14 in the decision appear to fault the applicant for full accreditation status for not practicing before EOIR before being granted full accreditation. At worst, the decision could lead one to infer that accredited representatives had to engage in unauthorized practice of immigration law to get the skills needed for full accreditation. We brought this issue to EOIR Director McHenry’s attention and he entertained our feedback during a phone conversation while disagreeing with our concerns. While the phone call was ultimately unhelpful as to this issue, we were able to discern just how unfamiliar he is with the Recognition and Accreditation program. At one point he stated that it was “totally conceivable that [accredited representatives] have some litigation experience.” It is not totally conceivable and we informed him of this too. After our call we sent EOIR Director McHenry the attached letter. We followed up with EOIR Director McHenry on Tuesday. On Wednesday he responded that “a type of formal response is forthcoming.” On Thursday he issued this second, published decision in which he chastises us for challenging him when we, as mere amicus curiae, have “no authority” to do so. However, you will notice that he also took the opportunity to clarify the very points we told him were vague and problematic. Of course, EOIR Director McHenry did not have to go the published decision route to deal with our concerns, but he preferred to project his power above being collaborative. And we have some concerns that EOIR will use this decision to prevent amici from following up to clear errors in other decisions where the respondent was pro se or the decision addresses in absentia orders.  While I am surprised that CLINIC seemingly made him feel threatened, as a respected retired IJ said, it is an “honor to be called out in something like this.”

 

I am not on the ICLINIC@LIST.MSU.EDU listserv so if someone could forward this email to them, I would be grateful. Thank you.

 

Michelle N. Mendez (she/her/ella/elle)

Director, Defending Vulnerable Populations Program

Catholic Legal Immigration Network, Inc. (CLINIC)

Here’s a link to McHenry’s decision in Bay Area II:

https://urldefense.proofpoint.com/v2/url?u=https-3A__www.justice.gov_eoir_page_file_1291786_download&d=DwMFAw&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=Wq374DTv_PXfIom65XBqoA&m=YJ89kw8K2uqLIw5FdRsilIr3v_T7ai5C3pv9pIngFJM&s=9RKJ0zaLqmRz-W92NyUtHQFB12wC4rz5tVptNEOgYrw&e=

And, here’s a link to the CLINIC letter to McHenry that apparently spurred Bay Area II:

McHenry amend request final

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

So, CLINIC, the sole Amicus, with much more experience in the Recognition & Accreditation Program than McHenry, offers McHenry some helpful suggestions for clarifying his decision. He should have thanked them and issued an amended decision on his own, as “real courts” sometimes do.

Instead, McHenry threw a hissy fit, imagining that his “authority” was being challenged. While making the suggested clarification, he took the occasion unnecessarily and inappropriately to publicly dump on the Amicus who helped him. 

Clearly, the act of an arrogant, yet insecure, person who knows he’s “way over his head” in his job. Sound familiar? But, hardly anything we didn’t already know about the awful legal and management mess at EOIR. And, in many ways a microcosm of the multiple disasters and institutional breakdowns sweeping our nation in the Age of the (Not So) Great Imposter.

I was gratified yesterday to hear former Ambassador Susan Rice on Meet the Press  “channel Courtside” by referring to Trump’s so-called intelligence advisors as a “Clown Show” 🤡 in connection with the “Putin’s bounty fiasco.” On the other hand, that our national intelligence is in the hands of sycophantic clowns advising the “Chief Clown” is a cause for grave concern.

The involvement of the EOIR Director in any form of case adjudication is highly questionable from an historical and ethical standpoint. Here’s my previous “mini-history” of the Director position from Courtside: https://immigrationcourtside.com/2017/07/06/katherine-m-reilly-named-acting-deputy-director-of-eoir-also-a-mini-history-of-eoir-directors/

Suffice it to say that McHenry’s performance is powerful evidence of the reasons why the Director of EOIR should be abolished, hopefully as part of Article I legislation, and replaced with an “Executive Director,” a purely administrative position with no judicial or “legal policy” functions, and subordinate to and reporting to the Chief Appellate Judge  who would replace the BIA Chair. The recent attempts to “reinsert” an improper adjudicative and “policy” role for the Director is yet another example of the gross legal, ethical, and management failures of EOIR under Trump’s DOJ kakistocracy. 

Due Process Forever!  Clown Courts,🤡 Never!

PWS

07-05-20

Related posts:

  1. WHY EOIR 🤡 MUST GO ** CH. CI — Latest CLINIC Court Victory Over Regime Exposes Unholy (Not To Mention Unconstitutional & Unethical) Alliance Between EOIR & ICE Enforcement To Screw Kids! — The Bottom Is Unfathomably Deep @ The Deadly EOIR Clown Show🤡! —  “ICE is barred (both at the IJ and BIA levels) from seeking denials of continuances or other postponements to await adjudication of the I-589 filed with USCIS, seeking EOIR exercise of jurisdiction over an asylum claim where USCIS has initial jurisdiction under the terms of the 2013 Kim Memo, or otherwise taking the position that USCIS lacks initial jurisdiction over the class member’s asylum application.”
  2. THE TRUTH IS OUT, THANKS TO MICHELLE MENDEZ @ CLINIC: Practice Pointers on Matter of Castillo-Perez & “Takeaways” From FOIA Trove On In Absentias!
  3. ⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”
  4. REGIME’S NEWEST SCHEME TO SCREW ASYLUM SEEKERS: BOGUS REGS THAT WOULD ILLEGALLY & UNNECESSARILY EXTEND THE GROUNDS OF “MANDATORY DENIAL,” DECREASE ADJUDICATOR DISCRETION, & SHAFT REFUGEE FAMILIES — Regime’s Outlandish “Efficiency Rationale” Fails to Mask Their Cruelty, Racism, Fraud, Waste, & Abuse – Julia Edwards Ainsley (NBC News) & Dean Kevin R. Johnson (ImmigrationProf Blog) Report

JULY 4, 2020: Colbert I. King @ WashPost With a “Declaration of  Independence” For Our Time! 🗽👍🏼⚖️💥 — DUMP TRUMP! ☠️🤮⚰️👎🏻

Colbert I. King
Colbert I. King
Columnist
Washington Post

https://www.washingtonpost.com/opinions/our-declaration-this-independence-day-should-be-liberation-from-trump/2020/07/03/bfa53998-bc98-11ea-bdaf-a129f921026f_story.html

. . . .

Yes, the Fourth of July is a date to honor. But this year, it is also a day of sorrow for where we now find ourselves.

The United States of America, created in 1776 by men who put love of country over their own private interests — who staked their lives, fortunes and their sacred honor on the cause of their new nation — is now in the grasp of a man whose entire life has been spent taking, while giving nothing in return.

Trump’s successes are displayed in shrines across the country and around the world emblazoned with his name — Trump towers, Trump plazas, Trump golf courses, Trump casinos, and Trump streets and roads. Trump’s love is limited to his private interests. He stakes his life and fortune only on the cause of Trump.

To further sully the celebration of the most pivotal day in U.S. history, the White House is in the grasp of a president who thinks the United States’ heritage is exemplified by the legacy of the Confederate flag and the traitorous generals who fought under that symbol of white supremacy.

Trump’s meltdown over the attempted takedown of the slaveholding Andrew Jackson’s statue in Lafayette Square is, for instance, of a kind with his cherishing of monuments of the War of Southern Aggression, which started when the Confederacy fired on the American flag at Fort Sumter.

Douglass would be revolted by Trump’s infatuation with a history in which generations of blacks were robbed of their liberty and forced to show obedience to the master. As outraged as I am now.

Trump’s warm embrace of white nationalism on Independence Day 2020 makes a mockery of the concepts of justice and liberty entrusted to the nation in the Declaration.

Gwen and I celebrated our 59th wedding anniversary on July 3. The first four Fourth of Julys of our marriage were spent as citizens of a country with a large swath of areas that had hotels, restaurants and places of entertainment that we were not allowed to enter because we were black. Two of those years I spent proudly wearing the uniform of a U.S. Army commissioned officer.

Try living with that.

Today, we have the bodies of George Floyd, Rayshard Brooks, Breonna Taylor and Ahmaud Arbery — with a preening, coldblooded bully ensconced in the Oval Office.

Whose Fourth of July is this?

The Founders discovered themselves faced with an oppressive Crown.

Separation from the Crown was right.

So, too, will be America’s liberation from Donald Trump.

That should be our declaration on this Independence Day.

**********

Read the rest of Colby’s statement at the link.

RESOLVE: To take back our nation from the White Nationalist racist kakistocracy of hate and malicious incompetence that has assumed power as our democratic institutions have failed their “stress test” and plunged us into a daily exhibition of “crimes against humanity.”

This November, vote like your life and the future of America depend on it.  Because they do!

PWS🇺🇸⚖️🗽👍🏼💥😎

07-04-20

Related posts:

  1. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!
  2. 🏴‍☠️☠️🤮⚰️👎🏻 “PERP NATION” — DHS’S “NEW AMERICAN GULAG” IS A DEATH TRAP FOR MIGRANTS SEEKING JUSTICE — So Why Haven’t Congress & The Federal Courts Required DHS To Comply With The Constitution? — Because We Have The Wrong Folks In Congress & The Federal Courts!
  3. GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”
  4. 🏴‍☠️☠️⚰️🤮👎🏻THE TRUMP REGIME & A CORRUPT SOLICITOR GENERAL HAVE CONDUCTED A WAR OF ATTRITION AGAINST AMERICAN LAWYERS ON THE FRONT LINES OF THE BATTLE TO SAVE DEMOCRACY — John Roberts & His GOP Buddies On The Supremes Have Aided, Abetted, & Encouraged It! — Constant Improper & Ethically Questionable Interference With Thoughtful, Legally Correct Lower Court Rulings Holding The Regime Accountable Have Demoralized The Profession’s Best & Bravest! — The Answer Is Better Judges For A Better America!

🇺🇸JULY 4 SPECIAL🗽: CRISTIAN FARIAS @ KNIGHT INSTITUTE WITH LOADS OF “PAYWALL-FREE” ONLINE RESOURCES HIGHLIGHTING REGIME’S ABUSE OF IJ’S 1ST AMENDMENTS RIGHTS AS WELL AS PUBLIC’S RIGHT TO KNOW ABOUT THE FRAUD, WASTE & GROSS ABUSES UNFOLDING DAILY IN AMERICA’S MOST OUTRAGEOUSLY UNFAIR AND MISMANAGED “COURT” SYSTEM! — Our Taxpayer Funds Are Being Flushed Down The Toilet 🚽 By “Billy The Bigot” & His “Maliciously Incompetent” Gang Of White Nationalist Enablers & Promoters @ EOIR!

 

Cristian Farias
Cristian Farias
Writer in Residence
Knight First Amendment Institute

Cristian writes:

Hi, Paul:

Lots of other, nonpaywalled coverage of this new case:

Link to complaint:

https://knightcolumbia.org/cases/naij-v-mchenry

https://www.inquirer.com/news/immigration-judges-trump-lawsuit-free-speech-eoir-columbia-knight-center-20200701.html

https://abcnews.go.com/Politics/immigration-judges-challenge-doj-limits-public-speaking/story?id=71552573

https://thehill.com/homenews/administration/505388-immigration-judges-union-sues-justice-dept-over-policy-restricting?rnd=1593610305

https://in.reuters.com/article/usa-court-immigration-judges/immigration-judges-challenge-justice-dept-over-policy-gagging-them-from-public-speech-idINKBN24263H?il=0

https://www.cnn.com/2020/07/01/politics/immigration-judges-lawsuit/index.html

Thank you for all you do,

Cf.

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

As many of you know, Cristian is a contributor to Courtside and a tireless advocate for free speech and Constitutional rights for everyone in America.

Thanks, Cristian, for all you do for America!

🇺🇸Celebrate America’s birthday by standing up for our Constitution and human dignity against the racism, ignorance, hate, & tyranny of the Trump regime!🗽

👍🏼Due Process Forever!⚖️

Here’s my previous reporting on this:

🤡CLOWN COURT REPORT: Dysfunctional “Court” System Notorious ☠️ For Denying Migrants’ Rights Forces Own Judges To Sue In Federal Court To Protect Their Individual Constitutional Rights!  — No Wonder The Mis-Management-Induced Backlogs Are Endless & Growing!

PWS

07-04-20

Related posts:

  1. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  2. 🏴‍☠️🤡KAKISTOCRACY KORNER: Experienced Immigration Judges Flee America’s Star Chambers At Record Numbers As Trump Regime’s Malicious Incompetence Triples Backlog With Twice The Number Of Judges On Bench, According To Latest TRAC Report!
  3. FELIPE DE LA HOZ @ THE NATION: “The Shadow Court Cementing Trump’s Immigration Policy” — “It’s not a court anymore, it’s an enforcement mechanism,” said Paul Wickham Schmidt, who was himself chair of the BIA between 1995 and 2001 and now writes a popular immigration blog called Immigration Courtside. “They’re taking predetermined policy and just disguising it as judicial opinions, when the results have all been predetermined and it has nothing to do or little to do with the merits of the cases.”
  4. ROUND TABLE CHAMPION 🛡⚔️JUDGE PAUL GRUSSENDORF SPEAKS OUT FROM PERSONAL EXPERIENCES ON REGIME’S IMMIGRATION ATROCITIES, ☠️🤮⚰️ URGENT NEED FOR PRACTICAL HUMANITARIAN REFORMS — “The sham is that no law enforcement body in the country, federal or state, has a zero tolerance policy, simply because no one has the resources to detain, charge, prosecute, adjudicate and jail all offenders. (This stark reality is in fact the reason for the plea bargaining system in criminal court).”