“RETURN TO MEXICO” GIVES DHS A CHANCE TO HARASS IMMIGRATION LAWYERS AND ACTIVISTS AT BORDER!

 

https://www.nbcnews.com/politics/immigration/u-s-officials-made-list-reporters-lawyers-activists-question-border-n980301

Julia Ainsley

Julia Edwards Ainsley reports for NBC News:

WASHINGTON — Customs and Border Protection has compiled a list of 59 mostly American reporters, attorneys and activists for border agents to stop for questioning when crossing the U.S-Mexican border at San Diego-area checkpoints, and agents have questioned or arrested at least 21 of them, according to documents obtained by NBC station KNSD-TV and interviews with people on the list.

Several people on the list confirmed to NBC News that they had been pulled aside at the border after the date the list was compiled and were told they were being questioned as part of a “national security investigation.”

CBP told NBC News the names on the list are people who were present during violence that broke out at the border with Tijuana in November and they were being questioned so that the agency could learn more about what started it.

The list, dated Jan. 9, 2019, is titled “San Diego Sector Foreign Operations Branch: Migrant Caravan FY-2019 Suspected Organizers, Coordinators, Instigators, and Media” and includes pictures of the 59 individuals who are to be stopped. The people on the list were to be pulled aside by Customs and Border Protection agents for questioning when they crossed the U.S.-Mexico border to meet with or aid migrants from the Honduran caravan waiting on the Mexican side of the border.

A sample of names and photos from the list. KNSD blurred the names and photos of individuals who haven't given permission to publish their information.
A sample of names and photos from the list. KNSD blurred the names and photos of individuals who haven’t given permission to publish their information.Obtained by KNSD

The list includes 10 journalists, seven of them U.S. citizens, a U.S.-based attorney and others labeled as organizers and “instigators,” 31 of whom are American. Symbols on the list show that by the time it was compiled 12 of the individuals had already been through additional questioning during border crossings and nine had been arrested.

Click here to read KNSD’s story about the list

In some cases, CBP had also compiled dossiers on the individuals with the help of intelligence from Mexican officials, according to the materials obtained by KNSD.

The cover of the list includes a seal with both the American and Mexican flags and was compiled shortly after the arrival of nearly 5,000 Honduran immigrants at the Tijuana-San Ysidro border, which is in the Border Patrol’s San Diego sector.

On Nov. 25, unrest broke out as some immigrants attempted to run through border checkpoints or scale the barriers after growing frustrated with the long wait to enter the country. CBP officers responded with tear gas, bringing attention to the worsening tension between CBP and the frustrated migrants in Tijuana.

In response to a KNSD question about the list, a spokesman for CBP said it is protocol to “collect evidence that might be needed for future legal actions.”

“To determine if the event was orchestrated…CBP and our law enforcement partners evaluate these incidents, follow all leads garnered from information collected, conduct interviews and investigations, in preparation for, and often to prevent future incidents that could cause further harm to the public, our agents, and our economy,” the spokesman told KNSD.

FEARS CONFIRMED

The documents confirm what many people who report on immigration or provide humanitarian aid and legal counsel to asylum seekers at the southern border have reported anecdotally. They say that CBP is focused on them and increasingly pulling them aside for what is known as a “secondary screening.”

During that screening, journalists and lawyers describe being told that they are being interviewed as part of a national security investigation and that they must give officers access to their cell phones. Many do not know their rights as American citizens to refuse to answer such questions or request a lawyer.

One lawyer from the list who was recently stopped at a San Diego-area crossing, Nicole Ramos, refugee director for Al Otro Lado, a law center for migrants in Tijuana, Mexico, learned from NBC News that CBP had compiled a dossier of information on her. The dossier included personal details such as her mother’s name, her social media pictures, the car she drives and her work and travel history.

“The document…appears to prove what we have assumed for some time, which is that we are on a law enforcement list designed to retaliate against human rights defenders who work with asylum seekers and who are critical of CBP practices that violate the rights of asylum seekers,” Ramos said.

Two other immigration lawyers who frequently travel to northern Mexico to help asylum seekers attempting to cross into the U.S. say the practice is starting to scare away would-be volunteers.

“It has a real chilling effect on people who might go down there. I was going to go this week, but I had to worry about whether I could get back in [to the U.S.],” one lawyer speaking on the condition of anonymity told NBC News.

Other immigration lawyers told NBC News they have been stopped and questioned in places far from San Diego. In Juarez, an attorney was stopped and accused of being a human smuggler. She was released only after the officers took her contacts and data from her phone. She was also asked what she was telling asylum seekers to say to U.S. authorities, according to another lawyer speaking on her behalf.

A former senior DHS official said it is against U.S. policy to target travelers based on their profession.

“It would be highly inappropriate and questionable from a legal perspective,” the former official said.

“While it is true that CBP has broad authority to interview and search anyone crossing the border, if there is no reasonable suspicion that you are involved in criminal activity, then they have no right to detain you,” the former official added.

This is a tragedy. Legal representation is probably the single most important and cost-effective thing that could be done to facilitate processing, insure fair decisions consistent with Due Process, prevent the mistakes that are prevalent in an overloaded and inherently biased system, and insure appearance at future hearings. For a fraction of the cost of the various “built to fail” and often illegal enforcement schemes this Administration crooks up, they could actually take a big step toward resolving the problem with universal representation.
Kakistocracy has its costs, both human and fiscal.
Join the New Due Process Army and fight the Trump Kakistocracy every day!
PWS
03-07-19

TRUMP’S DUMB & UNLAWFUL POLICIES INCREASE ILLEGAL BORDER CROSSINGS & UNNECESSARILY ENDANGER REFUGEES — The DHS Lies By Calling Them “Illegitimate Asylum Seekers” & Dishonestly Implying That Their Claims Aren’t Legitimate — In Fact, Asylum Seekers Have A Right To Apply At The Border That Trump Is Unlawfully Denying — They Also Have A Legal Right To Apply Regardless Of How They Enter!

https://www.nbcnews.com/politics/immigration/trump-restricted-flow-border-more-migrants-trying-sneak-through-undetected-n976356

Julia Ainsley

Julia Edwards Ainsley reports for NBC News:

WASHINGTON — Undocumented immigrants are increasingly choosing to cross the U.S. border illegally rather than waiting in line to claim asylum at legal ports of entry, according to U.S. Customs and Border Protection data obtained by NBC News.

Immigration lawyers and rights advocates say asylum seekers are opting for illegal crossing because they are growing frustrated with waiting lines caused by Trump administration policies. Advocates say immigrants who might otherwise have presented themselves at legal ports are now going between entry points where, if caught, they can remain in the country while awaiting an asylum hearing.

In recent months, CBP has restricted the number of immigrants who can be processed for asylum at ports of entry and has begun turning back asylum seekers, who must now wait in Mexico while their cases are decided.

CBP data shows that at the same time, the proportion of immigrants caught crossing illegally rather than through legal ports of entry has been rising.

It climbed from 73 percent of border crossings between October 2017 and January to 2018 to 83 percent for the same period ending this January 31. The percentage reporting to legal ports of entry, meanwhile, dropped from 27 percent to 17 percent, even as the overall number of border crossings rose sharply, according to the data.

An official from the Department of Homeland Security, of which CBP is a part, said those abandoning legal entry points may not have legitimate asylum claims.

“The fact that illegitimate asylum seekers may be abandoning efforts at our [ports of entry] means that legitimate asylum seekers at the [ports of entry] can receive protections far more quickly — which has been our goal from the start,” said the DHS official. The department declined to comment on the record.

WAITING IN TIJUANA

In January, U.S. officials finalized a deal with Mexico that forces asylum seekers who present themselves at the legal port of entry in San Diego back across the border to Tijuana. There they must wait months or years, often in unsafe and unsanitary conditions, while an American immigration judge determines whether asylum can be granted. The policy, known as Remain in Mexico, may soon spread to other ports of entry if Mexico agrees to shelter the immigrants at other locations.

Illegal crossers, meanwhile, do not have to wait in Mexico, even if they are caught. Two DHS officials told NBC News that there are no plans to send asylum seekers back across the border if they are caught crossing illegally, primarily because the Mexican government lacks the infrastructure to shelter them at what are often remote points.

If they are caught and do not claim asylum or pass the initial asylum screening, procedure requires that they are flown back to their home countries. Most current border crossers are not from Mexico but from Honduras, Guatemala and El Salvador.

Immigration advocates and lawyers say immigrants are being warned about the conditions in cities like Tijuana and are increasingly choosing to risk apprehension by the Border Patrol while crossing into the U.S. illegally instead of waiting in Mexico.

Michelle Brané, director of the Women’s Refugee Commission, said 9 out of 10 immigrants she spoke to in CBP custody would tell her and her staff they made the choice to cross illegally after other migrants told them the line to enter legally would mean a long wait in a dangerous place.

“They would say, ‘There was a line and they told me I would get turned away,’ or, ‘People told me it’s too dangerous and you can’t get in that way,'” Brané said.

The most notorious line is in Tijuana, where thousands of immigrants have waited in shelters and tent camps since last fall, hoping to claim asylum to enter San Diego.

Immigrants in Tijuana keep what is known as “la lista,” or the list, to decide who can approach the U.S. border each day to claim asylum, according to affidavits by immigration lawyers. Due to a U.S. policy known as metering, only about 40 to 100 immigrants per day are permitted to enter. CBP is only permitting a maximum of 20 migrants per day to cross into Eagle Pass, Texas, where another group of about 1,800 immigrants has recently arrived.

DHS says metering is a result of only being able to process so many asylum seekers per day, due to limited resources. However, the Trump administration has not increased its manpower for processing asylum claims at the border, though it has increased border enforcement officers and numbers of military troops.

A CALCULATED RISK

The number of undocumented immigrants attempting to enter the U.S. from Mexico is not near levels seen in the early 2000s. But the overall number of undocumented immigrants crossing the southern border has risen since a year ago. From October 2017 to January 2018, according to CBP figures, 150,346 crossed the border, a number that surged to 242,667 in the same four-month period ending in January 2019.

The biggest surge has come in the numbers who are crossing illegally. CBP apprehended more than 200,000 crossing illegally between October 2018 and this January, compared to 109,543 a year earlier — nearly doubling the total of illegal crossings.

Working with asylum seekers in Tijuana in December, Kennji Kizuka, senior researcher and policy analyst at Human Rights First, said he saw some immigrants grow frustrated with the wait and try their luck at crossing illegally.

“People were leaving and saying they were about to cross. They had just given up on waiting their turn to get on the list after finding out how long it was and how many months they would be there and how horrible the conditions were,” Kizuka said.

But crossing between legal ports of entry also comes with dangers.

Late last year, two children who crossed with their parents died in CBP custody after being picked up in remote areas after making long journeys, where access to water and other basic needs are severely limited.

Border Patrol Chief Carla Provost told Congress on Tuesday that for the first time in U.S. history, families and unaccompanied children make up 60 percent of those arrested between ports of entry. Also, Provost said border patrol is noticing that families and unaccompanied children are traveling in larger numbers: Nearly 68 groups ranging from 100-350 so far in 2019, compared to 13 last year and two the year prior.

Immigration advocates say the large groups are due in part to a “safety in numbers” strategy as families and children are being warned about the dangers not only on the journey but as they await entry to the U.S. in northern Mexico.

POLITICS: “CONVENTIONAL WISDOM” – “AOC’s” Predecessor Advised Her & Her Predominantly Female Colleagues To Basically “Sit Down, Shut Up, & ‘Learn The Ropes’ From Your (Mostly White Male) Betters” – She Ignored Him!

https://apple.news/AFBlLI9WJQk6Wy1AWo-8jXw

Hunter Schwarz for CNN:

Former Democratic New York Rep. Joe Crowley offered a bit of advice to new members of Congress during an exit interview with Vice News. “Don’t come here thinking you’re going to change the world overnight,” he said.

It was perhaps advice for the woman taking his spot, Rep. Alexandria Ocasio-Cortez, who defeated Crowley last summer in a upset primary victory and who’s rocketed to the top of her class as the most high-profile freshman on Capitol Hill.

In her first month in office, Ocasio-Cortez — or AOC as she’s short-handed commonly in the press — has remained a news cycle fixture for her clapbacks, policy proposals and more than 350 tweets or retweets since January 3.

Here’s how she’s spent her first month in Congress.

Sworn in on at the age of 29 on January 3, becomes the youngest member of the 116th Congress.

Surpassed House Speaker Nancy Pelosi in Twitter followers (@aoc vs. @SpeakerPelosi) her second day in office.

Posted her most retweeted tweet on January 4, a video of her dancing in front of her office, to poke fun at the video of her dancing in college that surfaced and was mocked following her swearing in. The new Twitter video received more than 20.7 million views and more than 160,000 retweets.

Co-sponsored her first piece of legislation, H.R. 242, repealing the PAYGO Act on January 4.

Her proposal to raise taxes on the rich to pay for the so-called “Green New Deal” proposal ended up on the cover of the January 5 issue of New York Daily News with the headline “Radical Solution.”

She got a shoutout from Cher on Twitter.

Sat for an interview with CBS’ “60 Minutes” that aired January 6 in which she said the super rich should be taxed more heavily after making $10 million, and that there’s “no question” Trump is racist.

Search interest in “Green New Deal” reached its highest ever point on Google Trends the day after her “60 Minutes” interview.

Said Trump saying “Who cares?” when asked about her calling him racist proves she got under his skin, in a January 14 tweet.

Got in an argument with former Wisconsin Gov. Scott Walker over taxes on Twitter on January 15.

Named to the House Financial Services Committee, which oversees things like banking and lending, which she announced on January 15. It’s led by Chairwoman Maxine Waters of California.

Gave her first speech from the House floor on January 16, where she spoke about a constituent who missed a paycheck from the shutdown, and said the shutdown isn’t about a wall or the border, but “the erosion of American democracy and the subversion of our most basic governmental norms.”

Her speech became C-SPAN’s most-viewed Twitter video ever, with more than 3.34 million views.

She and other freshmen Democrats delivered a letter to Senate Majority Leader Mitch McConnell on January 16 calling for an end to the shutdown a start a #WheresMitch social media campaign.

She and Democratic Rep. Jim Himes of Connecticut taught a class to fellow lawmakers on how to use social media on January 17 where she counseled them to not use memes if they don’t know what memes are, and not to talk like the Founding Fathers on Twitter.

Spoke at a Women’s March event in New York City on January 19.

Spoke at the MLK Now event in New York City on January 21 where Ta-Nehisi Coates said he thinks she is the person in politics today who represents King’s radical vision.

Named to the House Oversight Committee, which can investigate the Trump administration, on January 22.

The Washington Post Fact Checker gave some of her claims about living and minimum wage at the King event three Pinnochios on January 24. Ocasio-Cortez responded on Twitter criticizing the fact check’s citation of “a Walmart-funded think tank as reference material for wage fairness” and responded with her own “4 Geppettos.” (Click here for CNN’s fact-check of AOC and several other politicians’ comments on climate change)

When asked by Stephen Colbert on the January 21 episode of “The Late Show” how many “f****” she gives about Democrats who’ve criticized her, she said, “zero.”

Shared her skincare routine on Instagram Stories on January 28 after being asked about it from a follower.

Co-wrote a letter along with other freshmen Democrats asking for a reduction in Department of Homeland Security funding because of spending on things including detention facilities.

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

 

Who am I to advise AOC. But, from my parochial perspective she could make herself even more of a political force if she hired a full-time “fact checker” for her staff. I think her already resonant message would be even more powerful if it were invariably backed with “true facts.” (Although Rudy Giuliani, who once famously told Chuck Todd that “truth isn’t truth,” might disagree.)

 

PWS

02-03-19

 

 

 

DENNIS ROMERO @ NBC NEWS WITH A MORE NUANCED LOOK AT A BORDER WALL — It’s Highly Effective At “Re-Routing” Migrants, But Causes More Deaths, Enriches Smugglers, & Is Ineffective Against Drug Smuggling — Bottom Line: “[E]ffective at deterring crowds of migrants that will ultimately be undeterred.”

https://www.nbcnews.com/news/us-news/trump-says-san-diego-s-border-barrier-works-it-pushes-n965681

Dennis Romero reports for NBC News from San Diego:

When President Trump argues that the United States needs a wall along the southern border, he likes to point to San Diego’s success.

There, double and triple barriers fortify the westernmost stretch of the nearly 2,000-mile U.S.-Mexico border as U.S. Border Patrol agents drive SUVs along frontage roads and hover overhead in helicopters.

The militarized border touching the communities of Imperial Beach, San Ysidro and Otay Mesa contributed to a 75 percent decline in crossings in the years immediately after fencing was installed in the 1990s, according to U.S. Customs and Border Protection data.

The decline mirrors a border-wide decrease.Apprehensions of those suspected of illegally crossing the entire Southwest border experienced an uptick in 2018 over 2017 to nearly 467,000 but remained at less than half their peak in the 1980s and 1990s, when the Border Patrol racked up 1 to 1.6 million apprehensions.

President Donald Trump, who’s in a protracted battle to secure congressional funding for his campaign promise to build a wall along the entire length of the Southern border, on Thursday pointed to San Diego’s Mexican neighbor, Tijuana, as an example of what can happen with and without a barrier.

Trump’s proposed wall, based on one of eight prototypes in San Diego, is yet to be authorized by Congress.

“If you go to Tijuana and you take down that wall, you will have so many people coming into our country that Nancy Pelosi will be begging for a wall,” he said from the Oval Office. “She will be begging for a wall. She will say, ‘Mr. President, please, please give us a wall.'”

While it seems unlikely the House speaker would ever beg for a wall, the president has a valid point about fencing’s impact on the border region. Although San Diego’s barrier may stem illegal crossings, its impact is more complicated than Trump’s statement that “walls work” suggests.

From the 1980s to the early 1990s the Border Patrol’s San Diego sector was overrun with people illegally crossing the border. Hundreds of migrants would gather on a Tijuana River levee known as “El Bordo” and, much like the climactic border crossing scene in 1987’s “Born in East L.A.,” rush the few Border Patrol agents brave enough to try to stop them.

In the 1980s, about 40 percent of the Southwest’s illegal border crossings took place at San Diego, said Victor Clark-Alfaro of San Diego State University’s Center for Latin American Studies. The peak year for border apprehensions in the San Diego sector was 1986, when 628,000 migrants were nabbed.

“Tijuana was like a fiesta,” Clark-Alfaro said. “On a single day on a weekend at El Bordo you could find about 1,000 migrants ready to cross to the U.S. side. There was liquor, marijuana, human smugglers, street vendors.”

The defunct bureaucracy known as the U.S. Immigration and Naturalization Service, since replaced by three agencies under the Department of Homeland Security, built fencing along the border at San Diego in 1990, but it was no match for desperate Mexicans.

The migrants created a huge wave of south-of-the-border crossings into the U.S. that was addressed by Republican Pete Wilson, a onetime San Diego mayor who won re-election as California governor in 1994 based on a Trump-like platform of deterring illegal immigration.

“Bill Clinton had to respond,” said David Shirk, director of the University of San Diego’s master’s program in international relations.

In 1994, President Bill Clinton initiated Operation Gatekeeper, a crackdown at the border, and Congress followed up two years later with 14 miles of “triple-layered fence,” according to congressional records. Some of those first fences were made from Vietnam War-era landing mats intended for makeshift helicopter airstrips.

In 2006, Congress authorized “double-layered fencing” along at least 700 miles of border. The full length has yet to be covered with fencing because of delays in acquiring private property, often through court battles. But the San Diego sector received fresh fencing in the mid-1990s and again in the late-2000s.

Experts, many critical of Trump’s overall stand on border security, acknowledge the San Diego barriers, now made of steel bollards and surplus military landing mats, have more or less done their job. The sector went from being the top location for border crossings to a relative ghost town with 26,086 apprehensions in fiscal year 2017, according to the Border Patrol.

Image: San Diego Border
A migrant from Honduras passes a child to her father after he jumped the border fence to get into the U.S. side to San Diego, Calif., from Tijuana, Mexico on Jan. 3, 2019.Daniel Ochoa de Olza / AP file

The hardened border, however, pushed migrants to remote areas that have few man-made impediments and are often just World War II-style vehicle barriers known as Normandy fencing, Clark-Alfaro said. Arizona has become a hotbed of crossings, but migrants often die of dehydration. The mountains east of San Diego have also become a crossing zone, where migrants have died from hypothermia.

“Our beach was invaded by people on pangas, boogie boards,” said Imperial Beach Mayor Serge Dedina, adding that the fortified fencing “didn’t stop the tunnels” used by cartels to ship drugs into California and beyond.

The San Diego-area border security measures have also enticed cartels to dive deeper into smuggling because the barriers drive up prices for guides or coyotes, experts say. Prices have gone from as little as $75 in the 1990s to as much as $7,000 today, said San Diego State’s Clark-Alfaro.

“We’ve made it more profitable for human traffickers along the border,” added Shirk, of the University of San Diego.

However, narcotics continue to make it across the Southwest border, with seizures of heroin in the San Diego sector increasing 59 percentfrom 2016 to 2017, according to the U.S. Drug Enforcement Administration.

The San Diego sector was the top target along the southwest border for heroin smuggling outside points of entry, the DEA said. Eighty-five percent of the synthetic opioid fentanyl that crossed in 2017 entered through the San Diego area, according to DEA data.

Experts argue that one of the biggest influences on border crossings has been the Mexican economy, which has improved enough that many workers would rather just stay home. In Tijuana, home to a booming appliance and TV manufacturing sector, thousands of jobs are up for grabs.

And many of the immigrants from that huge wave in the 1980s and 1990s settled in the United States rather than crossing back and forth for seasonal work, experts say. In effect, they were walled in by the increased border security and are now staying put.

The boosted federal presence along the border also includes an exponential increase in the number of Border Patrol agents since 1990 to more than 20,000 today. At least 85 percent are stationed along the border, according to Shirk’s research.

Much of that increase in personnel came in the years following 9/11, when the Department of Homeland Security was created and crossing the border legitimately became much less casual, Shirk said. Passports are now required for travel in both directions.

The new border-crossing population comes mostly from Central America, where migrants have formed caravans to travel north. People fleeing murderous gangs — some, like MS-13, were born in the U.S. — have mostly sought asylum in the United States legally, although the Border Patrol U.S. Customs and Border Protection says groups of Central Americans have recently tried to rush into the country illegally.

The bottom line on San Diego’s beefed up border, some of which is slated for replacement, is a mixed bag effective at deterring crowds of migrants that will ultimately be undeterred.

“It’s effective at re-routing people,” said John Fanestil, a Methodist minister who has offered communion on the United States side of the fence. “We made it harder to cross the border illegally — more deadly, more costly. But when circumstances are as extreme as they are in Central America, people will demonstrate great determination to cross the border.”

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

As we used to say at the Arlington Immigration Court, “Desperate people do desperate things.” Or, as I have said on “Courtside,” “We can diminish ourselves as a nation, but it won’t stop human migration.”

What would actually help:

  • Technology, intelligence, undercover resources to combat drug smuggling;
  • More appropriate and generous application of our existing refugee and asylum laws at the border and in or near the Northern Triangle;
  • More resources for processing asylum applications at the Ports of Entry;
  • Expanded legal immigration opportunities, particularly for needed workers, that would more accurately reflect market forces driving today’s “extralegal immigration system;”
  • Working more closely with the UNHCR, Mexico, and other countries in the Hemisphere to solve the humanitarian problems driving refugee flows.

Why not “get smart” instead of continuing to “play dumb” on migration issues?

PWS

02-02-19

Julia Edwards Ainsley @ NBC: DHS Set To Launch “Wait in Mexico” Program For Asylum Seekers — Expect Another Disaster!

https://www.nbcnews.com/politics/immigration/dhs-plans-begin-turning-asylum-seekers-back-mexico-await-court-n962401

Julia Ainsley

Julia reports:

WASHINGTON — The Trump administration plans to begin turning asylum-seekers back across the southern border on Friday to wait in Mexico under a new policy designed to crack down on immigration by Central American families, according to three Department of Homeland Security officials familiar with the matter.

Customs and Border Protection officers will begin returning asylum-seekers trying to enter at the San Ysidro port of entry in California from Tijuana, Mexico, where thousands of migrants from Honduras, Guatemala and El Salvador are already waiting in poor conditions.

Under current policy, immigrants who pass an initial “credible fear” interview are allowed to remain in the U.S. while they wait for immigration judges to decide their cases. Single adults are detained while they await their hearing, but a federal court decision in 2015 mandates that families with children be detained no longer than 20 days.

The Trump administration has blamed that court decision, known as the Flores settlement, for being a magnet that is driving record numbers of immigrant families to apply for asylum at the southern border. Last summer under the “zero tolerance” policy, DHS separated asylum-seeking parents from their children at the border, sparking international outcry.

Overall numbers of undocumented immigrants apprehended or stopped from legally entering the United States are lower than the historic highs reached in the early 2000s.

Children who travel without a guardian, immigrants who appear ill as well as other “vulnerable populations” will be exempt from the policy and allowed to wait in the U.S. for an immigration hearing.

Immigrant and civil rights organizations have threatened to sue the Trump administration over the policy, known as Migration Protection Policy, which Homeland Security Secretary Kirstjen Nielsen announced was coming in her congressional testimony in December.

The policy is a unilateral move by the U.S. and not part of an agreement with Mexico, two officials said, though Mexico has agreed to care for immigrants who are waiting to apply. The Lopez Obrador administration in Mexico has been vocal about its opposition to the policy in the past.

Beginning Friday, the asylum-seekers who come to the San Ysidro port of entry will be sent back to Tijuana with a notice to appear in court in San Diego. On their court dates, U.S. Immigration and Customs Enforcement will provide transportation from the port of entry to immigration court. Asylum-seekers will also be given a 24-hour hotline to call for the status of their asylum cases.

SHUTDOWN HAS FURLOUGHED IMMIGRATION COURT JUDGES

Due to a backlog in U.S. immigration courts of more than 800,000 cases, asylum-seekers currently have to wait months or even years to see a judge. DHS has asked the Justice Department to expedite the cases of immigrants waiting in Mexico, and two officials said they expect the asylum-seekers affected by the new policy to wait no more than a year.

Agents fire tear gas at migrants at the border

NOV. 26, 201802:26

NO, WE’RE NOT “OVERWHELMED” WITH ASYLUM SEEKERS – BUT TRUMP’S SHUTDOWN IS ADDING TO THE IMMIGRATION COURT BACKLOG, CREATING MORE “AIMLESS DOCKET RESHUFFLING” THAT HELPED CREATE THE BACKLOG IN THE FIRST PLACE, AND SCREWING ASYLUM SEEKERS WITH PENDING CASES! — We Won’t Be Able To Solve Immigration Until The Immigration Court is Removed From The Executive Branch & Becomes An Independent Court!

The latest TRAC IMMIGRATION report confirms what most of us familiar with the dysfunctional U.S. Immigration Courts already knew: Trump has already needlessly added 42,000 cases to the backlog and will have added at least 100,000 of the shutdown lasts through the end of January.

 

==========================================
Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Since the beginning of the federal government shutdown, most Immigration Court hearings have been cancelled. As of January 11, the estimated number of cancellations reached 42,726. Each week the shutdown continues, cancelled hearings will likely grow by another 20,000. As many as 100,000 individuals awaiting their day in court may be impacted if the shutdown continues through the end of January.

Each week the shutdown continues the practical effect is to add thousands of cases back onto the active case backlog which had already topped eight-hundred thousand (809,041) as of the end of last November. Individuals impacted by these cancellations may have already being waiting two, three, or even four years for their day in court, and now may have to wait years more before their hearing can be rescheduled once the shutdown ends.

Immigration Courts in California have experienced the most hearing cancellations – an estimated 9,424 as of January 11. These and many more details are based on analyses of court records by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

For state-by-state impacts, see the full report at:

http://trac.syr.edu/immigration/reports/543

In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through November 2018. For an index to the full list of TRAC’s immigration tools go to:

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

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

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://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 U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://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

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

But, that’s not all folks!

Amy Taxin reports for NBC LA:

https://apple.news/AB_FhnUCjSkylre8-ue8cZQ 

The partial government shutdown over President Donald Trump’s demand for a border wall is playing havoc with the nation’s already backlogged immigration courts, forcing the postponement of hearings for thousands of immigrants.

For some of those asking for asylum in the U.S., the impasse could mean years more of waiting — and prolonged separation from loved ones overseas — until they get a new court date.

But for those immigrants with little chance of winning their bids to stay in this country legally, the shutdown could help them stave off deportation that much longer — adding to the very delays the Trump administration has railed against.

“It is just dripping with irony,” said Sarah Pierce, policy analyst at the nonpartisan Migration Policy Institute. “This administration has put a lot of emphasis on speeding up court cases, and the shutdown obviously is just going to cause massive delays.”

The shutdown has furloughed hundreds of thousands of government employees and halted services that aren’t deemed essential, including, in many instances, the immigration courts overseen by the Justice Department.

Hearings involved detained immigrants are still going forward. But untold thousands of other proceedings have been postponed. No one knows for how long; it depends on when employees return to work and hearings can be reset.

Immigration experts said cases could be delayed months or years since the courts have more than 800,000 pending cases, according to the Transactional Records Access Clearinghouse at Syracuse University, and many courtrooms are tightly booked.

Immigration Judge Dana Marks, former president of the National Association of Immigration Judges, said she has at least 60 hearings a day in her San Francisco courtroom and no space on her docket for at least the next three years.

“The cases that are not being heard now — there is no readily available place to reschedule them until at least 2022 or beyond,” Marks said of her courtroom.

Immigration judges hear a wide range of complex cases from immigrants from across the world, some who have recently arrived in the United States, others who have lived in the country for years and the government is seeking to deport.

Immigration judges have long sought more staffing to handle the ballooning caseload, which has roughly doubled in five years following a surge in Central American children and families arriving at the southern border. The Trump administration has tried to speed up the courts by assigning immigration judges quotas and stopping them from shelving cases.

Some of the toughest cases immigration judges hear are claims for asylum, or protection from persecution. And long wait times can be especially difficult for asylum seekers, since they can’t bring spouses or children to join them in the United States unless their asylum requests are approved.

Reynold Finnegan, an immigration attorney in Los Angeles, said one of his Afghan clients hasn’t seen his wife or children in nearly nine years. After being kidnapped and tortured by the Taliban, the man left his homeland, traveled across the world and made his way to the U.S.-Mexico border to seek asylum, Finnegan said.

He waited more than six years for his final hearing before an immigration judge, but it was canceled last week because of the shutdown, and he doesn’t know how much longer it will take.

“He is devastated,” Finnegan said. “He was really planning on seeing his wife later in the year when he got approved, and his children.”

Since the shutdown began in December, immigrants have had to prepare for their scheduled court hearings and in many cases travel to court, knowing the proceedings might be postponed. In Northern states, that can mean hourslong car trips through ice and snow and taking days off from work.

The delays are painful for many immigrants, especially those who have strong asylum claims or green card applications and want to get their lives on solid footing in the United States.

Those with the weakest asylum claims actually benefit from the delays, because they are able to remain in the U.S. in the meantime and hold out hope of qualifying for legal status by some other means down the road.

In the 2017 fiscal year, immigration courts decided more than 52,000 asylum cases. About 1 in 5 were approved, according to statistics from the courts.

Courts have been crippled by a government shutdown. More than 37,000 immigration hearings were delayed by one in 2013.

And it isn’t just immigration courts that are affected. Since Justice Department attorneys are allowed to work in limited circumstances only, some high-profile civil cases have been put on hold, including a lawsuit in Oregon by the widow of Robert “LaVoy” Finicum, a man shot by police in 2016 after the takeover of a wildlife refuge.

Government attorneys have also sought to put on hold environmental cases, including challenges to logging projects and wild horse roundups in Montana and a lawsuit over the disposal in Oklahoma of toxic coal ash from power plants.

Most major criminal cases are expected to stay on track because of federal requirements for a speedy trial.

One aspect of immigration unaffected by the shutdown is the review of applications for green cards and citizenship. That’s because those tasks, which are handled by an agency in the Homeland Security Department, are paid for by application filing fees.

One asylum seeker, who spoke on condition of anonymity for fear of persecution in her home country, said the wait has been unbearable since her 2014 court date was twice delayed. It is now set for February.

“The past four years have been horrible enough, but this uncertainty, and my life being handled with such, I don’t know, no one cares, basically,” she said. “The process takes forever — just to get the date in front of the judge.”

Associated Press writers Dave Kolpack, Amy Forliti and Matthew Brown contributed to this report.

 

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

But, wait!  That’s not all folks. There’s more!

Brittany Shoot @ Fortune writes that Immigration Court waiting times could double as a result of Trump’s shutdown!

https://apple.news/AEy1h1oc7RSux5Cdw1fo4PQ

The United States immigration courts are overburdened. Roughly 800,000 cases are portioned out between around 400 immigration judges, according to PBS NewsHour.And with the federal government shutdowncontinuing into its third week, applicants who have already waited years for their court date may now be shuttled to the back of the line, their hearings rescheduled as late as the 2022. This directly effects people’s everyday lives, as immigration status impacts basics such as the ability to get a work permit.

Focus on immigration enforcement under the Department of Homeland Security may be up, but the immigration courts, which fall under the Department of Justice, have not been given much attention despite the record-high demand for hearings that has been growing over the past decade. Judge Dana Leigh Marks, president emeritus of the National Association of Immigration Judges, told NewsHour the effects of the shutdown are having a “devastating impact.” San Francisco-based Judge Marks says that her own caseload of nearly 4,000 dockets includes cases that are already several years old. With no scheduling slots available, she says those cases may be reset to another date several years in the future.

Non-detained immigrants make up about 90% of judges’ caseloads, and those cases can end up involving anything from asylum decisions to deportations. The other 10% of cases, those for immigrants who are detained by immigration officials, are the only ones that can be processed during the shutdown. And that’s why the vast majority of those waiting for a hearing will simply be moved to the back of the line again.

The effects of the record-long government shutdownare also touching the lives of everyone from private-sector contractorsto Transportation Security Administration (TSA) agents and travelers. And if the shutdown continues for another two weeks, its cost to the economy will surpass $5.7 billion, the amount it would cost to build President Trump’s border wall.

Visit FORTUNE.com

 

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Yeah, it’s going to continue to get worse until the shutdown ends and the Immigration Courts are removed from the DOJ.

Also, don’t let Trump, the DOJ, or any of their apologists in Congress or elsewhere “con” you into blaming the largely contrived “flood of asylum applicants” for this. We must stop “blaming the victims” for the lousy policies and gross incompetence of this Administration!

The Immigration Court has been in trouble and should have been fixed years ago. But, Trump, Sessions, Nielsen, and Miller intentionally have made things much, much worse—with no hope of improvement in sight.

Returning Due Process and fairness as the primary focus of these courts as well as placing them under professional court administration working for the Immigration Judges, not bureaucrats in Washington or Falls Church, wouldn’t solve the current immigration issues overnight. But, it certainly would be a head start and a beginning of a solution. That’s one heck of an improvement over the “downward spiral” promoted by this Administration. And, it wouldn’t cost $5.7 billion to fix, either!

PWS

01-15-19

 

 

“TEXAS TED” HITS NEW LOW IN IDIOTIC DEFENSE OF TRUMP’S PUTIN TIES: “When you get outside the Beltway, I don’t see anyone concerned about this at all,” he said.

https://www.nbcnews.com/politics/meet-the-press/sen-ted-cruz-defends-trump-s-record-russia-tougher-obama-n958131

Ben Kamisar reports for NBC News:

WASHINGTON — Sen. Ted Cruz defended President Donald Trump Sunday amid reports that are raising new questions about the president’s relationship with Russia, insisting that Trump’s record shows he has been “tougher” on the U.S. adversary than past presidents.

When asked about The New York Times report that broke Friday — which says Trump’s firing of former FBI Director James Comey triggered a counterintelligence investigation into whether the president was wittingly or unwittingly working to benefit Russia — the Texas Republican said the focus on special counsel Robert Mueller’s Russia investigation is a Washington-centric fascination.

“When you get outside the Beltway, I don’t see anyone concerned about this at all,” he said.

“If you compare objectively, President Trump’s policies to Russia compared to President Obama’s policies to Russia — by any measure, President Obama was much easier, was much more gentler on Russia,” Cruz said.

News outlets reported in 2017 that Mueller was interested in the Comey firing as a possible example of obstruction of justice by the president. And Trump himself connected the firing of Comey to his frustration with the Justice Department’s investigation into Russian election interference during a 2017 interview with NBC News’ Lester Holt.

But the new Times report connects that event to the larger investigation into Russian interference in American politics and elections, asking if the president was acting effectively as a Russian agent, regardless of his intentions.

“Our collective understanding was much narrower — it was just on obstruction: Did the president break the law there?” New York Times reporter Michael Schmidt, who broke the story, said on “Meet the Press” to explain the significance of the revelation.

“Now we know it was much broader, it has national security concerns. The FBI was afraid that the firing of Comey was a way to help the Russians stop the FBI from figuring out what they did in the election.”

Virginia Democratic Sen. Tim Kaine, who spent much of the final weeks of the 2016 presidential campaign criticizing Trump’s posture toward Russia, called the report proof that Congress must protect Mueller’s investigation from any meddling from the administration.

“They had to have a very deep level of concern about this president to take this step,” Kaine, the 2016 Democratic vice presidential nominee, said of the FBI’s decision to open the investigation.

“And that’s again why we need to protect the Mueller investigation,” he added.

Trump criticized the New York Times story in a Saturday morning tweet, and called the accusation he might be working to advance Russian interests “insulting” during a Saturday night interview on the Fox News show hosted by ally Jeanine Pirro.

The president’s lawyer, Rudy Giuliani, also dismissed the report in a phone call with NBC News, where he argued “they obviously found nothing or else they would have reported it.”

The Times story wasn’t the only potential bombshell report to come out over the weekend about Trump and Russia.

On Saturday, The Washington Post reported that Trump personally intervened to hide readouts of meetings with Russian President Vladimir Putin. The White House also panned that report, pointing to new sanctions on Russia as proof the administration is being tough on the adversary.

Now that Democrats control the House, it’s possible that committees may look into the details of either story. Cruz, who sits on the Senate Judiciary Committee, said he’d “consider any allegations” as part of his roles on the committee.

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

Yeah, Teddy, who cares if our President is a dupe of Vladimir Putin! And, the lies about the Obama Administration just keep flowing. Clearly, Putin was so worried about Hillary Clinton becoming President that he went to great lengths to divide America and hand the Presidency to Trump. The only real debate is whether his efforts actually had a determinative effect on the elections. And, there were never any allegations of connections between Obama and Putin. Trump is sleazy, incompetent, and carrying out a program that has to delight Vladimir Putin. Obama was none of these things. And, it’s certainly worth getting to the bottom of the relationship among Trump, his organization, his family, his associates, and Vladimir Putin.

PWS

 

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

https://apple.news/AymAseB7HTrmR5T9j6JLAIQ

Julia Ainsley

Jacob Soboroff & Julia Edwards Ainsley report for NBC News:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

01-10-19

 

 

JULIA EDWARDS AINSLEY @ NBC: Trump’s “Border Terrorist” Numbers Are Bogus! — Expect A Barrage Of Lies & White Nationalist Myths In His Scheduled TV Address!

https://www.nbcnews.com/politics/immigration/only-six-immigrants-terrorism-database-stopped-cbp-southern-border-first-n955861

Julia Ainsley

Julia reports:

By Julia Ainsley

U.S. Customs and Border Protection encountered only six immigrants at ports of entry on the U.S-Mexico border in the first half of fiscal year 2018 whose names were on a federal government list of known or suspected terrorists, according to CBP data provided to Congress in May 2018 and obtained by NBC News.

The low number contradicts statements by Trump administration officials, including White House press secretary Sarah Sanders, who said Friday that CBP stopped nearly 4,000 known or suspected terrorists from crossing the southern border in fiscal year 2018.

Secretary of Homeland Security Kirstjen Nielsen told reporters on Monday the exact number, which NBC News is first to report, was classified but that she was working on making it public. The data was the latest set on this topic provided to Congress. It is possible that the data was updated since that time, but not provided to Congress.

Overall, 41 people on the Terrorist Screening Database were encountered at the southern border from Oct. 1, 2017, to March 31, 2018, but 35 of them were U.S. citizens or lawful permanent residents. Six were classified as non-U.S. persons.

On the northern border, CBP stopped 91 people listed in the database, including 41 who were not American citizens or residents.

Border patrol agents, separate from CBP officers, stopped five immigrants from the database between legal ports of entry over the same time period, but it was unclear from the data which ones were stopped at the northern border versus the southern border.

The White House has used the 4,000 figure to make its case for building a wall on the southwest border and for closing the government until Congress funds it. They have also threatened to call a national emergency in order to get over $5 billion in funding for the wall.

The U.S. keeps databases of people it believes may have ties to terrorist networks based on their spending activities, travel patterns, family ties or other activities. It is not a list of people who could be criminally charged under terrorism statutes, and it is possible that someone could be stopped because they have the same name as a person on the list.

Thanks, Julia, for your timely reporting. As most readers probably know, the Washington Post and others recently have exposed what many of us knew all along: The DOJ intentionally used false and misleading numbers to support the racist, xenophobic narratives set forth by Sessions, Nielsen, Homan, and others! And, shamelessly, the DOJ refuses to withdraw its bogus reports!

Once we get real government back again, seems that the DOJ is a prime candidate for a thorough housecleaning! Integrity seems to have disappeared from the DOJ’s mission at all levels!

PWS

01-08-19

“NOT SO FAST!” — CONFUSION AS USUAL IN THE AGE OF TRUMP: LA Times, HuffPost Report That Mexico Denies Reaching Immigration Pact With U.S.! – Incoming Oversight Chair Cummings (D-MD) Opposes Trump’s Border Policies – “That’s The Law!”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=4f1306b6-386f-4594-85ce-f14cbc1126b4

By Cecilia Sanchez and Patrick J. McDonnell

MEXICO CITY — Mexico’s incoming leadership is denying a published report that it had agreed to a Trump administration proposal requiring asylum seekers arriving at the southwest border to wait in Mexico as U.S. authorities consider their claims for safe haven.

The Washington Post reported Saturday that Washington had won the support of the government of Mexican President-elect Andres Manuel Lopez Obrador — who takes office on Dec. 1 — for a plan mandating that asylum seekers at the border remain in Mexico as their claims move through the U.S. immigration system.

The Trump administration has long sought such an accord with Mexico as a means of resolving what it has termed a “crisis” of an escalating number of Central American asylum applicants — and limited detention space in which to hold them on U.S. territory as their petitions are considered.

Critics on both sides of the border have long assailed the notion of Mexico serving as a way station or detention grounds for Central Americans and others applying for asylum in the United States.

The administration of Mexico’s current president, Enrique Peña Nieto, rejected a similar Trump administration proposal last year.

But the Post quoted Olga Sanchez Cordero, Mexico’s interior minister-designate, as saying Mexico’s new government had accepted the policy as a “short-term solution” to the issue of Central American migration — which has been dramatized in recent weeks as thousands of U.S.-bound Central Americans have made their way north through Mexico in caravans.

Later Saturday, however, she denied that Mexico had agreed to host people seeking U.S. asylum as their cases awaited judgment.

“There is no agreement of any sort between the future Mexican federal government and the U.S.,” the incoming interior minister said in a statement.

Moreover, she said Mexico’s new government had rejected any deal in which Mexico would be considered “a safe third country” for U.S. asylum applicants.

In a Twitter message on Saturday, President Trump reiterated threats to close the southern border — threats that have alarmed many in Mexico, since cross-border trade is a mainstay of the Mexican economy.

In his tweet, Trump also said migrants would not be allowed into the United States “until their claims are individually approved in court.”

Others, he said, would “stay in Mexico,” he added, without elaboration.

The Twitter message did not specify whether Washington had reached any kind of agreement with Mexico on the matter.

Only a small minority of Central American applicants are ultimately granted political asylum in the United States, but the decision-making progress can take months or years — during which time many are released and gain footholds in the United States.

Trump has vowed to end what he calls the “catch and release” system. “Our very strong policy is Catch and Detain,” he tweeted Saturday. “No ‘Releasing’ into the U.S.”

The White House has also pushed an alternative “safe third country” approach in talks with Mexican officials. Under such a plan, Central Americans seeking asylum would generally have to file for protection in Mexico, not in the United States.

The proposal is a variant of the Trump administration’s “remain in Mexico” plan, under which asylum seekers would wait in Mexico until their cases were adjudicated in the United States.

With a “safe third country” designation, the United States would consider Mexico a secure nation for receiving asylum applicants. In practice, that would bar most asylum seekers who entered Mexico from filing asylum claims in the United States. The United States already has such an understanding with Canada.

But immigrant advocates have long opposed such a designation for Mexico for a number of reasons — principal among them the country’s widespread and rising violence, which often targets Central American migrants. Mexico cannot be considered safe for asylum seekers, many argue.

Critics also say Mexico’s system for processing refugee requests is already overwhelmed and ill-prepared to handle a huge new influx.

In her statement, Mexico’s incoming interior secretary echoed the vows of leftist President-elect Lopez Obrador to protect the human rights of caravan travelers and other Central American migrants while providing them with food, healthcare and shelter. Lopez Obrador has also vowed to help Central Americans acquire work papers if they opt to remain in Mexico.

More than 6,000 caravan members, mostly Hondurans, have arrived this month in the Mexican border cities of Tijuana and Mexicali, posing a humanitarian, logistical and political challenge for the two cities on the border. The migrants say they are fleeing poverty and violence in their homelands.

Tijuana’s mayor declared a “humanitarian crisis” Friday as the border city sought additional federal and state aid to help house the migrants, most of whom are crowded into a sports complex a block from the U.S.-Mexico border fence.

Tijuana officials anticipate that as many as 10,000 Central American migrants could eventually converge on the city and be stuck there for months as they seek to file asylum claims in the United States, a time-consuming process. U.S. officials at the San Ysidro crossing generally accept no more than 100 asylum applications a day.

Special correspondent Sanchez reported from Mexico City and Times staff writer McDonnell from Washington.

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https://www.huffingtonpost.com/entry/mexico-asylum-migrant-deal-trump_us_5bfa5d83e4b0eb6d930f3155

Dominique Mosbergen reports for HuffPost:

President Donald Trump suggested on Saturday that asylum seekers would be allowed to wait in Mexico while their claims are processed through the U.S. immigration system — but Mexico’s incoming government has denied making any such deal.

“There is no agreement of any sort between the incoming Mexican government and the U.S. government,” future Interior Minister Olga Sanchez told Reuters on Saturday, contradicting Trump and an earlier Washington Post report that said a deal ― albeit an informal one ― had been struck between the two governments.

The Post had quoted Sanchez as saying the administration of Mexico’s President-elect Andrés Manuel López Obrador, who will take office on Dec. 1, had “for now” agreed to the so-called “Remain in Mexico” plan.

Sanchez was quoted by the paper as saying that Mexico would allow asylum seekers to stay in the country as a “short-term solution.”

Following the publication of the Post’s report, however, Sanchez back-pedaled on those remarks. She told Reuters that Obrador’s administration was “in talks” with the U.S., but stressed officials who weren’t yet in office couldn’t formally make any agreements.

Seven-year-old Honduran migrant Genesis Belen Mejia Flores waves an American flag at two U.S. border control helicopters flyi

ASSOCIATED PRESS
Seven-year-old Honduran migrant Genesis Belen Mejia Flores waves an American flag at two U.S. border control helicopters flying overhead near a shelter in Tijuana, Mexico.

Reuters reported that Sanchez “did not explicitly rule out” that Mexico could allow Central American caravan migrants ― thousands of whom have arrived in Tijuana, just south of California ― to wait in the country while their claims are processed in the U.S.

Sanchez did, however, say that plans for Mexico to assume “safe third country” status had been “ruled out.” Under a “safe third” agreement, the U.S. could force migrants to seek asylum in Mexico.

Trump said in a pair of Saturday evening tweets that migrants at the U.S.-Mexico border “will not be allowed into the United States until their claims are individually approved in court.”

“No ‘Releasing’ into the U.S. … All will stay in Mexico,” the president wrote.

His tweets were interpreted as possible confirmation of the posible deal between the U.S. and Obrador’s administration.

Tijuana Mayor Juan Manuel Gastélum declared a humanitarian crisis last week as approximately 5,000 Central American migrants fleeing violence and poverty arrived in the city ― to the chagrin of many locals.

Gastélum said on Friday that he’d asked the United Nations for aid to help with the influx of asylum seekers.

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https://www.nbcnews.com/politics/congress/rep-cummings-it-s-law-let-asylum-seekers-across-border-n939806

 

By Leigh Ann Caldwell for NBC News

WASHINGTON — The incoming chairman of a key oversight committee in the House of Representatives said Sunday that any attempt by President Donald Trump to keep migrants from claiming asylum in the U.S. would be unlawful.

“That’s not the law,” Rep. Elijah Cummings, D-Md., said in an exclusive interview on “Meet the Press,” indicating that Congress will act if the president moves ahead with that policy. “They should be allowed to come in, seek asylum, that’s the law.”

President Donald Trump has said he’s reached a deal with the government of Mexico to keep migrants traveling in large caravans from Central America in Mexico until their court date to plead asylum. But a spokesman for incoming Mexican President Andrés Manuel López Obrador has said talk of such a deal is premature and U.S. officials told NBC News that the details are still being worked out.

Cummings said he supports the law as it stands. “I think we have a system that has worked for a long time. This president’s come in, wants to change it, that’s up to him. But now the Congress has got to stand up and hopefully they will,” Cummings said.

Family detention at the border and the separation of children from their parents after crossing the border was already on Cummings’ list of potential investigations as chair of the House Oversight and Government Reform Committee when Democrats take control of Congress in January.

Cummings has a list of 64 subpoenas it is ready to send to the Trump administration on a variety of issues ranging from immigration to voting rights act, drug prices and the opioid epidemic.

“I think the American people have said that they want checks and balances,” Cummings said. “And subpoenas, by the way, that may involve, say, private industries like the pharmaceutical companies” over “these skyrocketing drug prices.”

When asked about the priorities he is setting for areas of investigation, Cummings said he will focus on issues that “go to the very heart of our democracy and protecting that democracy.”

Cummings also said Sunday that his committee will “probably” look into Trump’s financial ties, especially to Saudi Arabia, and if it violates the emoluments clause, which is aimed at preventing a president from profiting on the office.

Cummings said he wanted to determine “whether the president is acting in his best interest or those of the American people,” adding, “I think this would be appropriate and there are other committees that will be looking at this too.”

Sen. Mike Lee, R-Utah, also criticized Trump over his support for Saudi Crown Prince Mohammed bin Salman despite reports that a CIA assessment concluded that the Saudi ruler ordered the murder of journalist Jamal Khashoggi. Lee said that Trump’s assessment is “inconsistent” with the intelligence he’s seen. “Intelligence I’ve seen suggests this was ordered by the crown prince,” he said.

Lee says that Khashoggi’s murder and Trump’s response provides “an opportunity” for Congress to weigh in to the U.S.-backed Saudi role in Yemen that has created a worsening humanitarian disaster.

“I think Congress has to take some ownership of U.S. foreign policy, especially as it relates to our intervention in this war,” Less said. “Our unconstitutional fighting of a civil war in Yemen that has never been declared by the U.S. Congress as a problem. And that’s on us.”

PWS
11-25-18

HOW UNELECTED WHITE NATIONALISTS HAVE SEIZED CONTROL OF AMERICA’S IMMIGRATOIN AND REFUGEE SYSTEM – Racist Restrictionists Stephen Miller and L. Francis Cissna Are Destroying America’s Immigration Laws & Stomping On The Heart & Soul Of Our Nation!

https://www.nbcnews.com/politics/immigration/stephen-miller-wins-again-haley-other-foes-excluded-immigration-meeting-n910776

 

Julia Edwards Ainsley and Dan DeLuce report for NBC News:

WASHINGTON — Days before the Trump administration announced plans to slash the number of refugees allowed into the U.S. to its lowest level in 40 years, Trump senior adviser and immigration hard-liner Stephen Miller made his case for fewer refugees to a room of senior officials at the White House.

His sales job was made easier by the absence of top officials who disagree with his stance. They weren’t there because they weren’t invited, according to two people briefed on the discussions. Missing from the room last Friday were U.N. Ambassador Nikki Haley and the head of the U.S. Agency for International Development, Mark Green, both of whom have promoted a more generous policy toward refugees fleeing poverty, famine and persecution, the two sources said.

The planned cut in the refugee cap, now just 30,000 for the coming fiscal year, is the latest win for Miller, who has outmaneuvered opponents in and outside the administration to push through a crackdown on all forms of immigration.

Miller’s victories on the Muslim travel ban, limiting legal immigrationand separating migrant families at the border show his skill in pulling bureaucratic levers, blocking opponents from key meetings, restricting the flow of information and inserting his allies in key positions, said current and former officials.

In the administration’s internal discussions, Defense Secretary James Mattis — who was also absent from the Friday meeting — and Secretary of State Mike Pompeo had consistently opposed reducing the ceiling for how many refugees could be allowed into the country next fiscal year, former officials, humanitarian experts and congressional staffers from both parties told NBC News.

But after the meeting of top officials at the White House, Pompeo unveiled plans Monday to scale back the cap for refugees in 2019 to its lowest level since 1980. The secretary gave no explanation as to why he had changed his position, or how that number was arrived at during the closed door “principals” meeting.

Lawmakers from both parties, and some Christian charities, had urged Pompeo to stand firm against yet another reduction in refugee admissions, arguing it would undermine relations with allies, fuel instability in volatile regions and damage America’s image.

In a joint statement Wednesday, Republican Rep. Randy Hultgren of Illinois and Democratic Rep. Jim McGovern of Massachusetts expressed “extreme disappointment at the administration’s proposal,” and added, “We cannot turn our back on the international community in a time of historic need.”

Sen. Bob Menendez of New Jersey, the ranking Democrat on the Senate Foreign Relations Committee, said Monday he was “very concerned to see Secretary Pompeo was either not willing or unable to be a voice of reason in the room when the president was told he should continue grinding the U.S refugee program to a halt.”

Former officials said it appeared the top diplomat bowed to Miller and others pressing for scaling back refugee resettlement.

Image: Mike Pompeo
CIA Director Mike Pompeo speaks in Washington on Oct. 19.Carolyn Kaster / AP

“Pompeo got rolled,” said one former official familiar with the deliberations who served under Republican and Democratic administrations. The secretary “got manhandled by a kid who knows nothing about foreign policy,” said the source, referring to the 33-year-old Miller.

The State Department did not respond directly to questions about why Pompeo apparently altered his stance. But a spokesperson said the recommendation, which still must be approved by the president, takes into account additional security vetting procedures for refugee applications as well as the need to manage nearly 300,000 asylum cases.

Over the past several months, former officials and humanitarian organizations say, Miller restricted who would take part in the deliberations, while ensuring like-minded associates were in key positions at the State Department.

Unlike last year’s deliberations on refugees, Haley and her office were excluded from the inter-agency discussions on the issue and did not attend last Friday’s meeting where the cap was set, even though her staff argued she should be included, current and former officials said.

Although Haley’s office was not invited into the discussions, the ambassador “provided our views during the process,” a spokesperson for the U.S. mission at the UN told NBC News.

Haley had previously opposed drastic reductions in refugee resettlement numbers.

Paving the way for Miller, an official at the National Security Council, Jennifer Arangio, a political appointee who worked on President Donald Trump’s campaign, was fired and escorted from her office in July after clashing with Miller over refugee-related issues. And two refugee skeptics aligned with Miller are now in senior positions at the State Department: Andrew Veprek at the Bureau for Population, Refugees and Migration and John Zadrozny at the policy planning office.

The White House did not respond to requests for comment.

The State Department declined to disclose which agencies or officials attended the final interagency discussions, but a spokesperson said the plan was arrived at “in consultation with all appropriate government agencies.”

It was not clear if the Office of Refugee Resettlement, which is part of the Department of Health and Human Services and provides cash payments and medical assistance to newly arrived refugees, was invited to the inter-agency process. A spokesperson said ORR took part in “the discussion” on the issue but did not say specifically if the office had a seat at the table in the inter-agency deliberations.

The White House meeting last Friday was classified and limited to only a small number of senior officials and cabinet members. Those restrictions are usually reserved for more sensitive issues involving military action or intelligence, former officials said. The limits played in Miller’s favor, as cabinet members and their deputies could not divulge details of the discussion.

Mattis did not attend the meeting in person and provided his opinion in writing, Pentagon spokeswoman Dana White said. She added that “as the information and discussion were classified, I cannot provide further comment.”

Based on the administration’s public statements on the issue, Miller also appeared to succeed in framing the refugee issue on his terms.

Image: Jeff Sessions Joins Sean Spicer For Daily Press Briefing At The White House
Senior adviser to President Donald Trump, Stephen Miller, watches as Attorney General Jeff Sessions delivers remarks during the daily White House press briefing in Washington on March 27, 2017.Win McNamee / Getty Images file

When Pompeo announced the plan to reporters at the State Department this week, he echoed arguments that Miller and his supporters have often employed to defend drastic restrictions on refugees. Pompeo said that the government lacked the manpower to handle more refugees, that the U.S. was focused on providing aid abroad where refugees are located and that refugee numbers needed to be limited to safeguard the country’s national security.

“He was using Miller’s talking points,” another former official who served in both Republican and Democratic administrations said.

With the world facing the worst refugee crisis since World War II, the recommendation to slash refugee numbers was widely condemned by humanitarian organizations and rights groups. Pompeo’s announcement is “appalling, and it continues this administration’s rapid flight from the proud U.S. tradition of providing refuge to those fleeing persecution around the world,” said Eric Schwartz, president of Refugees International, who oversaw refugee policy at the State Department.

Those who share Miller’s views on immigration say he is portrayed unfairly by his critics. They maintain he is merely a successful advocate for Trump, who promised as a candidate to clamp down on immigration and temporarily halt Muslims from entering the country.

“As I understand it, Miller is zealously promoting his boss’s agenda within the administration, and running up against people who are less committed to that agenda,” said Mark Krikorian of the Center for Immigration Studies, which has backed the administration’s stance on immigration.

“He seems to be pretty effective at navigating bureaucratic politics, which is an essential skill if you want to get anything done.”

In a tumultuous White House, Miller is one of a handful of original Trump loyalists who has survived and thrived, exerting an outsize influence over immigration decisions and rhetoric.

One administration official, who was not authorized to speak on the record, said it should not be surprising that so many of Miller’s ideas have come to fruition.

“Miller has survived and people who think like Miller have survived because the president agrees with these policies. He is not running a rogue operation,” the official told NBC News.

Miller was once part of a small group of outsiders working as staffers on Capitol Hill who backed an aggressive line on immigration but often found themselves out of favor with the Republican Party establishment.

Many of those former colleagues are now deployed throughout the administration and have helped design and carry out some of Miller’s most sweeping and contentious policies, including a ban on travel from certain countries, a higher bar for proving asylum, a reduction in refugee admissions and the separation of migrant parents from their children at the border.

Miller and his allies have even promoted the creation of a denaturalization task force, which is supposed to ferret out people who lied on their applications and to strip them of their citizenship.

Critics say Miller is overseeing a systematic attack on all forms of immigration, illegal and legal, by promoting an underlying idea that foreign-born citizens or immigrants represent a dangerous threat to the country.

“I think he’s going to go down in history having a lot of blood on his hands. He is driving the most nativist agenda we have seen in 100 years,” said Frank Sharry, executive director of America’s Voice, an immigration reform advocacy group in Washington. “But he has had mixed results.”

Some of those mixed results include the legal blowback on the travel ban, which went through three versions before finally holding up in federal court. Miller also pushed for the end of DACA, the program designed to help children brought to the country illegally by their parents to remain in the U.S. But courts have stopped the administration from taking away those rights.

The most hard-line measures have also proved politically unpopular, according to opinion polls, with large majorities of American voters voicing opposition to ending DACA or detaining children separately from relatives entering the country illegally.

Meanwhile, over at Jezebel.com, Esther Wang gives us the skinny on the guy who implements an anti-immigrant agenda with a smile and has taken the word “Services” out of “United States Citizenship and Immigration Services.”

https://theslot.jezebel.com/meet-the-man-whos-making-life-shit-for-immigrants-thats-1829192394

Meet the Man Who’s Making Life Shit for Immigrants That’s NOT Named Stephen Miller

It’s often the architects of our nation’s monstrous immigration policies (cough Stephen Miller cough) who are the subject of dramatic news headlines and the target of our much-deserved vitriol. But, as a new Politico profile of Lee Francis Cissna, the director of U.S. Citizenship and Immigration Services, reminds us, the bureaucrats who willingly and happily follow the dictates that come from above are equally as appalling (if not more so in their unthinking devotion to carrying out orders).

Politico describes how Cissna, the son of an immigrant from Peru and husband to the daughter of a Palestinian refugee who has steadily worked his way up the ranks of different federal agencies, has been dramatically—and quietly—reshaping immigration policy:

Much less visible than Miller or Department of Homeland Security Secretary Kirstjen Nielsen, Cissna has quietly carried out Trump’s policies with a workmanlike dedication. From his perch atop USCIS, he’s issued a steady stream of policy changes and regulations that have transformed his agency into more of an enforcement body and less of a service provider. These changes have generated blowback from immigrant advocates, businesses and even some of his own employees. Leon Rodriguez, who served as USCIS director under President Barack Obama, said the agency is sending a message “that this is a less welcoming environment than it may have been before.”

While the travel ban and family separations grabbed headlines, Cissna has waged a quieter war,tightening and reworking regulations and guidance that make it harder to come to the U.S. as an immigrant or temporary worker.

In February, Cissna rewrote the mission statement of the agency which he heads, eliminating a passage that proclaims the U.S. is “a nation of immigrants,” a symbolic move that nonetheless signaled a worrisome shift.

A few months later, Cissna announced the creation of a new denaturalization task force, which would investigate naturalized Americans whom the agency suspected of lying on their citizenship applications. As Masha Gessen wrote in The New Yorker, “It’s the apparent underlying premise that makes this new effort so troublesome: the idea that America is under attack by malevolent immigrants who cause dangerous harm by finding ways to live here.” Gessen continued: “Indeed, the creation of the task force itself is undoing the naturalization of the more than twenty million naturalized citizens in the American population by taking away their assumption of permanence. All of them—all of us—are second-class citizens now.” One of the people Cissna wished to strip citizenship from? A 63-year-old Peruvian-American grandmother, over her minor role in a fraud scheme perpetrated by her boss.

He has also spearheaded other changes, many of which have largely flown under the radar and failed to generate widespread outrage outside of those whose lives will be impacted by them—from new rules that empower USCIS officials to initiate deportation proceedings for a wider number of immigrants to policies that allow USCIS officers to deny visa and green card applications over small errors, without giving applicants an opportunity, as the Obama administration did, to fix them.

And as Politico and others have reported, Cissna plans on pushing through a new regulation—described as “the most controversial regulation to come out of his agency under Trump”—that would prevent people from immigrating to the United States if they’re expected to use public benefits. As Politico writes, “The proposed regulation, which is expected before the midterm elections, would effectively gentrify the legal immigration system, blocking poorer immigrants from obtaining green cards or even from entering the country in the first place.”

People who have known Cissna for years expressed surprise at the turn that he has taken as head of USCIS.

“We’re pretty stunned that a guy who is compassionate, funny, proud of his immigrant mother from Latin America, that he would now be one of the key architects of the seemingly heartless policy of separating families,” Dan Manatt, who attended Georgetown Law School with Cissna, told Politico.

Cissna himself disputes that he bears any animosity towards immigrants.

“I just feel a strong commitment to the law, and to the rule of law,” Cissna told Politico. “None of the things that we’re doing, as I’ve said on numerous public occasions, are guided by any kind of malevolent intent.”

Good to know—he doesn’t hate immigrants, he just loves laws that make their lives as difficult as possible. What a relief.

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No, the law doesn’t require that we bend the rules to harass and make it difficult for individuals who qualify for legal immigration and refugee status to actually get into the country.  In addition to being complete jerks, Miller and Cissna are liars.

Get out the vote! Inspire your friends who oppose White Nationalism to get out and vote. These Dudes are pure evil, and America’s future is on the line! If decent people don’t stand up for humane values, evil can prevail! Time to restore the real “rule of law” which requires us to admit legal immigrants, refugees, and asylees without throwing up bogus White Nationalist roadblocks.

PWS

09-21-18

GONZO’S WORLD: HOW SESSIONS IGNORES FACTS AND MISREPRESENTS STATISTICS TO SUPPORT HIS PRE-ORDAINED RACIST, WHITE NATIONALIST AGENDA! — “[A] bid to supplant facts and expertise with an ideological agenda.”

https://www.nbcnews.com/politics/immigration/trump-admin-rejected-report-showing-refugees-did-not-pose-major-n906681

Dan De Luce and Julia Edwards Ainsley report for NBC News:

WASHINGTON — The Trump administration has consistently sought to exaggerate the potential security threat posed by refugees and dismissed an intelligence assessment last year that showed refugeesdid not present a significant threat to the U.S., three former senior officials told NBC News.

Hard-liners in the administration then issued their own report this year that several former officials and rights groups say misstates the evidence and inflates the threat posed by people born outside the U.S.

At a meeting in September 2017 with senior officials discussing refugee admissions, a representative from the National Counterterrorism Center came ready to present a report that analyzed the possible risks presented by refugees entering the country.

But before he could discuss the report, Associate Attorney General Rachel Brand dismissed the report, saying her boss, Attorney General Jeff Sessions, would not be guided by its findings.

“We read that. The attorney general doesn’t agree with the conclusions of that report,” she said, according to two officials familiar with the meeting, including one who was in the room at the time.

Brand’s blunt veto of the intelligence assessment shocked career civil servants at the interagency meeting, which seemed to expose a bid to supplant facts and expertise with an ideological agenda. Her response also amounted to a rejection of her own department’s view, as the FBI, part of the Justice Department, had contributed to the assessment.

“She just dismissed them,” said the former official who attended the meeting.

The intelligence assessment was “inappropriately discredited as a result of that exchange,” said the ex-official. The episode made clear that “you weren’t able to have an honest conversation about the risk.”

A current DHS official defended the administration’s response to the intelligence assessment, saying immigration policy in the Trump administration does not rely solely on “historical data about terrorism trends,” but rather “is an all-of-the-above approach that looks at every single pathway that we think it is possible for a terrorist to come into the United States.”

A spokeswoman for DHS said, “If we only look at what terrorists have done in the past, we will never be able to prevent future attacks … We cannot let dangerous individuals slip through the cracks and exploit our refugee program, which is why we have implemented security enhancements that would prevent such violent individuals from reaching our shores, while still upholding our humanitarian ideals.”

The Justice Department did not respond to a request for comment in time for publication.

Following the dismissal of the assessment, anti-immigration hard-liners in the administration clashed with civil servants about how to portray the possible threat from refugees in documents drafted for inter-agency discussions, former officials said. In the end, the president’s decision last year to lower the ceiling for refugee admissions to 45,000 did not refer to security threats, but cited staffing shortages at DHS as the rationale. But once the decision was issued, the White House released a public statement that suggested the president’s decision was driven mainly by security concerns and said “some refugees” admitted into the country had posed a threat to public safety.

An Afghan refugee sleeps on the ground while another looks out a window in an abandoned warehouse where they and other migrants took refuge in Belgrade, Serbia, on Feb. 1, 2017.
An Afghan refugee sleeps on the ground while another looks out a window in an abandoned warehouse where they and other migrants took refuge in Belgrade, Serbia, on Feb. 1, 2017.Muhammed Muheisen / AP file

“President Donald J. Trump is taking the responsible approach to promote the safety of the American people,” said the Sept. 29 statement.

Political appointees in the Trump administration then wrote a new report a few months later that seemed to contradict the view of the country’s spy agencies.

The January 2018 report by the Departments of Justice and Homeland Security stated that “three out of every four, or 402, individuals convicted of international terrorism-related charges in U.S. federal courts between September 11, 2001, and December 31, 2016 were foreign-born.”

In a press release at the time, DHS Secretary Kirstjen Nielsen said the report showed the need for tougher screening of travelers entering the country and served as “a clear reminder of why we cannot continue to rely on immigration policy based on pre-9/11 thinking that leaves us woefully vulnerable to foreign-born terrorists.”

But the report is being challenged in court by several former officials and rights groups who say it inflates the threat posed by people born outside the U.S. Two lawsuits filed in Massachusetts and California allege the report improperly excludes incidents committed by domestic terrorists, like white supremacists, and wrongfully includes a significant number of naturalized U.S. citizens and foreigners who committed crimes overseas and were brought to the United States for the purpose of standing trial.

Rachel Brand
Associate Attorney General Rachel Brand speaks during the opening of the summit on Efforts to Combat Human Trafficking at Department of Justice in Washington, on Feb. 2, 2018.Jose Luis Magana / AP file

Mary McCord, former assistant attorney general of the Justice Department’s National Security Division, which prosecutes terrorism charges, said the January 2018 report is “unfortunately both over-inclusive and under-inclusive.”

When the report was released in January 2018, Trump tweeted that it showed the need to move away from “random chain migration and lottery system, to one that is merit based” because it showed that “the nearly 3 in 4 individuals convicted of terrorism-related charges are foreign-born.”

But the report only focuses on international terrorism, which is defined as a crime committed on behalf of a foreign terrorist organization. The document excludes domestic terrorism committed by groups such as white supremacists or anti-government militias, which are more likely to be supported by those born in the U.S.

Because of the way the terrorism statute is written, those who support domestic organizations like anti-government or white supremacists groups cannot be charged with terrorism, even if the groups they support have committed crimes. Only supporters of foreign terrorist organizations designated by the State Department can be charged with “material support” of terrorism.

Still, Trump has repeatedly stated that the overwhelming majority of terrorists in the United States came from overseas, even before the 2018 report.

In his first speech to Congress in February 2017, Trump said that the “vast majority of individuals convicted of terrorism and terrorism-related offenses since 9/11 came here from outside of our own country.”

Benjamin Wittes, a senior fellow at the Brookings Institution, MSNBC legal analyst and editor-in-chief of the Lawfare blog, took issue with that statement and sued the Justice Department to provide documents that backed up the president’s claim. But the Department was unable to locate any records.

“There are a lot of domestic terrorism cases, and they are generally not committed by people born abroad. To the extent that those cases were excluded — white supremacist violence, anti-abortion terrorism and militia violence — the inquiry is grossly biased,” Wittes wrote on Lawfare.

Wittes said that almost 100, or about a quarter, of the 402 individuals listed as foreign-born terrorists committed their crimes overseas and were brought to the U.S. to face trial.
Stephen Miller
White House senior adviser Stephen Miller at roundtable discussion on California immigration policy at the White House on May 16.Evan Vucci / AP file

During her time in government as the chief of the Refugee Affairs Division at U.S. Citizenship and Immigration Services, Barbara Strack said her staff worked diligently to thoroughly vet refugees for any possible terrorist links. But she said there was no information she came across that indicated refugees posed a significant security threat.

“I did not see evidence that refugees presented an elevated national security risk compared to other categories of travelers to the United States,” she told NBC News.

The administration must decide by the end of the month how many refugees to allow in the country in the next fiscal year. Trump’s senior adviser, Stephen Miller, known for his hawkish stance on immigration, has been pushing for a drastic reduction in the ceiling.

The cap was set at 45,000 last year, but the number of refugees allowed in the country has fallen far below that ceiling, with only about 20,000 resettled in the United States since October 2017. Rights advocates and former officials accuse the White House of intentionally slowing down the bureaucratic process to keep the numbers down, overloading the FBI and other government agencies with duplicative procedures.

This level of total intellectual dishonesty, overt racism, and policy driven solely by a White Nationalist philosophy and political agenda by an Attorney General is unprecedented in my experience at the DOJ.
If you remember, Brand escaped to a “soft landing” in the private sector earlier this year. One of my theories is that she was trying to protect herself and her reputation for a future Federal Judgeship. If and when that happens, I hope that those serving on the Senate Judiciary Committee will remember her completely sleazy role in carrying Sessions’s racist-polluted water on this one. Someone with no respect for facts, the law, humanity, or professional expertise definitely does not deserve to be on the Federal Bench!
And for Pete’s sake don’t credit Sessions with any integrity whatsoever in not resigning under pressure from our “Mussolini Wannabe.” He’s not “protecting” the Mueller investigation or anything else worthy in the DOJ. In fact, he has wholly politicized the DOJ and taken it down into the gutter. The reason he “hangs on” is not because he respects the Constitution or rule of law. Clearly, he doesn’t! No, it’s because he wants to do as much damage to civil rights and people of color as he can during his toxic tenure.
Make no mistake, that damage he has done, as has been reported elsewhere, is very substantial. It has set the goals that Dr. Martin Luther King and others fought for and even gave their lives for back by decades. Despicable!

Sessions’s White-Nationalist driven lies and false narratives about refugees are described above. For the truth about refugees and immigrants and all of the great things they have done and continue to do for our country, see my recent post at https://wp.me/p8eeJm-313.

Due Process Forever — Jeff Sessions Never!

PWS

09-07-18

RUDY TO CHUCK TODD ON “MEET THE PRESS:” “TRUTH ISN’T TRUTH!”

NBC News personality and “Meet The Press” host Chuck Todd poses for photographers at the NBCUniversal UpFront presentation in New York City, New York, U.S., May 14, 2018. REUTERS/Mike Segar (Newscom TagID: rtrlnine933726.jpg) [Photo via Newscom]

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Say what?

PWS

08-18-08

KATY TUR LIVE, 08-10-19: MSNBC Correspondent Jacob Soboroff & I Discuss Jeff Sessions’s Contemptuous Behavior Toward Courts & Migrants With Katy!

Here’s the link to Katy’s entire show for August 10, 2018. My segment begins at 35:25:

https://m.youtube.com/watch?v=9NoDoSiFtII

 

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Thanks Katy and Jacob. It was an honor to be on with you.

Glad that the Sessions’s war on deserving asylum seekers and Due Process as well as his disrespectful treatment of asylum seekers, the judiciary, and our justice system is finally getting notice. One way or another, he will eventually be held accountable for the damage he is doing to humanity and to our country.

PWS

08-10-18

GONZO’S WORLD: WHY THERE CAN NEVER BE JUSTICE AT JUSTICE – Biased, Disingenuous, Child Abuser Sessions Can’t Possibly Run A “Fair & Impartial Judicial System” – Stench Won’t Wear Off Of Article IIIs Who “Go Along To Get Along” With This Outrageous Mockery Of Due Process For Vulnerable Migrants!

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JUSTICE NEWS

Attorney General Sessions Delivers Remarks to the Criminal Justice Legal Foundation
Los Angeles, CA

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Tuesday, June 26, 2018

Remarks as prepared for delivery

Thank you, Richmond for that kind introduction and thank you for your leadership at the Foundation, the Federalist Society, and Kirkland Ellis.  I’m told that your daughter is an AUSA—congratulations on that, as well.

I want to thank Governor Wilson, U.S. Attorneys Nick Hanna and Adam Braverman, District Attorneys Greg Totten, Summer Stephen, our former District Attorneys Steve Cooley and Ed Jagels.  And congratulations to our new District Attorneys-Elect Cynthia Zimmer and Jeannine Pacioni.  And thank you to John Cox for being here as well.

I especially want to thank President Rushford for his remarks and Legal Director Kent Scheidegger for this organization’s strong support for crime victims, for law enforcement, and for the Department of Justice in both the courtroom and in the public arena.

You stand up for the idea that we can bring down our crime rates through smart policies and more sophisticated policing.  That is exactly right. You know as well as I do that crime rates aren’t like the tides—we can make a difference.

On behalf of President Donald Trump, I especially want to thank you all for your strong voice in speaking out for the enforcement of our immigration laws.

This is a decisive issue.  As the President often says, “a country without borders is not a country.”  I don’t know why that is so hard for some people to understand.

In the United States, we have the most generous immigration laws in the world.  We take 1.1 million people on a path to citizenship every year.  Another 700,000 come here to take jobs.  Another half a million come here to take spots in our colleges and universities.

These are generous laws.

And yet, when we enforce them, we get attacked in the media by the so-called elites and their special interests.

I am convinced that the people of this country support these efforts.  In the 2016 election, voters said loud and clear that they wanted a lawful system of immigration that serves the national interest.  They said we’ve waited long enough.

I believe that this is one of the main reasons that President Trump won. He promised to tackle this crisis that had been ignored or made worse by so many before him. And now he’s doing exactly what the American people asked him to do.

Yet it seems like these same people who have been passing the buck on this crisis for decades haven’t learned anything.  They’re still pushing the same old agenda.

They are fighting desperately to stop the good and decent wishes of the American people from being carried out.

They don’t like it when we deport people—even criminal aliens.  They don’t like it when we stop people at the border—even those smuggling children.  They don’t like interior enforcement and they don’t like work place enforcement.  No matter what we do, they complain.

From coast to coast—perhaps especially on this coast—there are politicians who think that having any border at all is mean-spirited, unkind, or even bigoted.

The vice-chairman of the Democratic National Committee recently wore a t-shirt that says “I don’t believe in borders.” I wonder what his neighbors think about that.

The name of the group that organized the Caravan to stampede our borders is “People Without Borders.”

The Attorney General of this state, Xavier Becerra says that “there’s really no difference between my parents and [illegal] immigrants except a piece of paper.” Paperwork, meaning compliance with our law, is important.  And it’s a shame that I must say this to the top law enforcement official in California.

Last week a candidate for governor of New York said that we should “abolish ICE,” which she calls “a terrorist organization.”  And she’s got 25 percent support in the latest primary polls.

A few months ago, I paid a visit to Sacramento.  You may have heard about it.  While I was there, the Mayor of Oakland called illegal aliens “law-abiding Oaklanders.”  By definition, of course, that is not true.

In 2013, Hillary Clinton reportedly said in one secret speech, “My dream is a hemispheric common market, with open trade and open borders.”  This is the presidential nominee of a major political party.

And these are just the explicit, overt examples.  There are plenty of other examples of politicians who want to sound like moderates but whose votes and actions evidence a radical open borders agenda – not lawfulness.  Apparently, even the libertarian CATO institute is in this camp.

The rhetoric we hear from the other side on this issue—as on so many others—has become radicalized.  We hear views on television today that are on the lunatic fringe. And what is perhaps more galling is the hypocrisy.  These same people live in gated communities and are featured at events where you have to have an ID even to hear them speak.

And if you try to scale their fence, believe me, they’ll be only too happy to have you arrested and separated from your family.

They want borders in their lives but not yours and not the American people’s.  This is why the American people are sick of the lip service and the hypocrisy. They are sick of the politicians who abandon their promises as soon as the mainstream media criticizes them. They’ve seen it for decades. And now they are supporting a President who is on their side.

President Trump has been quite sensible.  He made a generous offer to those who oppose this in Congress.  He offered to give DACA recipients legal status if we can build a wall, close the maddening loopholes in our legal system, and switch from chain migration and the visa lottery to a merit-based system.

Their refusal of this offer should be baffling to any objective observer.

He simply asked that they agree to a serious solution to the problem.  Why wouldn’t you want to end the illegality?

On Wednesday, President Trump ordered this administration to ensure that when we apprehend illegal aliens at the border and hold them for criminal prosecution and to adjudicate their immigration claims, we do what we can to keep families together.

How did the open borders crowd respond?

No.  Now they don’t want them held or deported at all.

Does that surprise you?

When they win, they make demands.  And when they lose, they make demands.  I think there’s a lesson in that.

We know which side of the debate is radical.

The so-called elites will always find an excuse to attack President Trump.  They will not be satisfied as long as we are enforcing our borders.

As long as there is any immigration enforcement, they will oppose any effective limits.

But in spite of the critics, we are following the President’s executive order—and the President is listening to the American people.

On Thursday, the Department of Justice filed a request—right here in the Central District of California to modify the terms of the Flores consent decree, which is what keeps us from detaining alien children with their parents for more than 20 days while their asylum cases are pending.  We are asking the court to let ICE detain illegal alien children together with their parent or legal guardian in family residential facilities.

This consent decree—and case law right here in California that has expanded it—has had disastrous consequences for illegal alien children.

In 2015, the Department of Justice under President Obama also tried to modify the consent decree for this exact reason.  But it was blocked. And so the word got out that if you crossed our border illegally you would not be detained as long as you brought a child with you.

The results won’t surprise you.  The number of people illegally crossing our border with children went up dramatically.  In 2013, there were 15,000.  This year we’re on pace for 88,000—a five-fold increase in five years.

And we know how well ‘catch and release’ worked. Last year there were 40,000 removal orders issued for people that didn’t show up for their hearings.

And it’s no wonder: our broken immigration laws are telling people that they can come here illegally. So why wait in line?

If we don’t fix our laws, then the flow of illegal immigration is not going to stop—and with it, the gangs, the drug cartels, and the human trafficking, including of children.

That’s why the President made clear that we are going to do everything in our power to avoid separating families—but we are still going to work to prosecute all of those who come here illegally.

By definition, we ought to have zero illegal immigration in this country. But we have more than 1 million illegal aliens just in the Los Angeles area. It is widely estimated that there are more illegal aliens in California than there are people in New Mexico.

There is no other area of American law with this level of illegality.

This is a big group of people.  Too many of them have committed crimes here. By definition, every one of those crimes is preventable.

Thousands of illegal aliens are sitting in California jails that you pay for. 39,000 are in federal prisons.  Another 16,000 are in custody of the U.S. Marshals.

Those are people who had to be tracked down and arrested by our law enforcement—every time, putting them in potentially dangerous situations.

In this city, Americans have been victimized countless times by people who shouldn’t even be here.

Here are just a few of the people arrested by ICE just this month for crimes that would have been prevented with effective border enforcement:
a gang member who had been convicted of rape,
a man convicted of assault with intent to commit rape, and
a man convicted of assaulting an officer, beating his wife, and assault with a deadly weapon.

I could go on and on.  These are the kind of people that sanctuary politicians want to keep in California.  This is who they want to give sanctuary to.

The open borders politicians say they’re being compassionate.  But where is their compassion for that rape victim? How do they explain to her that her attack happened because of their so-called compassion for her rapist.

Consider the rise of sanctuary policies.

It may sound nice, but these are de facto open borders policies.  At their root, they are essentially a rejection of all immigration law.

Think about it.  Under sanctuary policies, someone who illegally crosses the border on a Monday and arrives in Sacramento or San Francisco on Wednesday is home free—never to be removed.

Police are often forced to release criminal aliens back into the community—no matter the crime.  Police may be forced to release pedophiles, rapists, murderers, drug dealers, and arsonists back into the communities where they had no right to be in the first place.

That has real consequences.

ICE tells us that they are able to locate only about 6 percent of the criminals they ask sanctuary jurisdictions to turn over.    The other 94 percent are walking free and often on their way to their next victim.

If they won’t allow us to deport someone who enters illegally and then commits another crime—who will they agree to deport? Sadly, we know the answer to this.  Nobody.

And that sends a message around the world.  People in developing nations don’t know the laws on our books.  But they see what we do.  And so do the gangs and drug cartels.  They see whether we deport criminals or not.  They see whether we have a border wall or not.  They see whether we reward illegal aliens with benefits or not.

That’s why, under President Trump’s leadership, the Department of Justice is working to end sanctuary policies.  In March, we sued the state of California over their sanctuary laws.  And you’ve stood by us all the way.  Thank you for your strong amicus brief and thank you for your strong support.

I am confident that together we are going to win that case.  It has been settled since 1819 that a state cannot actively attempt to undermine the execution of federal law or discriminate against the federal government.

The American people are with us on this issue.  One poll last year showed that 80 percent of the American people oppose sanctuary policies.  Most cities are not sanctuary cities.

We have also supported the state of Texas in its efforts to ban sanctuary cities.  And since I became Attorney General, we have filed briefs to defend state or local law enforcement in about thirty cases.  A number of courts have ruled in these cases that state or local cooperation with federal immigration enforcement efforts does not violate federal law.

We have stopped rewarding sanctuary cities with taxpayer dollars.  If sanctuary cities want to receive federal law enforcement grants, then they should stop impeding federal law enforcement.  That is not too much to ask.

This is the Trump era.  We are enforcing our laws again.  We know whose side we’re on: we’re on the side of police, and we’re on the side of the American people.

The radical open border crowd should declare whose side they are on.

But we are resolute. We are going to keep fighting.  With President Trump and with your strong support for police and for the rule of law, I am confident that we will turn the tide and keep the American people safe.

 

Topic(s):
Immigration

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That a Government official supposedly charged with protecting justice for everyone in America  — NOT just citizens or GOP voters — and who took an oath to uphold the Constitution would make such an outrageously biased statement in public and not be booed off the stage shows just how empowered  “White Nationalist Nation” has become under Trump, Sessions, and Miller.

Don’t expect any help from Chief Justice Roberts and his gang over at the Supremes.

And no, “Gonzo Apocalyoto,” most of us fighting to uphold the Constitution, the rule of law, international law, human values, and to defend human dignity against you and your “Fat Cat” cronies like Trump and GOP “bankrollers,” do not live in gated communities and usually you can hear us speak for free. You choose not to listen to the true “voices of virtue.”

Just a brief fact check: The majority of American voters didn’t want Donald Trump to be their President — the Electoral College elected him, even though millions more American voters would have preferred his opponent.

Also, why is Gonzo allowed to go around spreading the clear untruth that immigrants, both legal and undocumented, are a major source of crime? It’s been proven untrue over and over. And, when you discard “bogus crimes” such as misdemeanor illegal entry and traffic violations, migrants of all types are significantly more law-abiding than native-born Americans.

Indeed, the vulnerable women and children refugees from the Northern Triangle that Gonzo is harming and persecuting are actually fleeing from severe violence — a “low-grade war zone” as described by NBC correspondent Richard Engel — that Gonzo and his group of scofflaws encourage and feed by falsely characterizing them as “mere economic migrants,” telling them to get in a “nonexistent line” to migrate legally, intentionally skewing and misconstruing asylum law against them, and basically telling them to “join the gangs, cooperate with them, or die — we really don’t value your lives at all.” How sick is that? About as sick as abusing little children and asylum seekers.

PWS

06-27-18