THE RETAINER:  How Billy Barr Betrays America To Protect Trump!

Emily Bazelon
Emily Bazelon
Staff Writer
NY Times

https://www.nytimes.com/interactive/2019/10/26/opinion/william-barr-trump.html

By Emily Bazelon in the NYT:

William Barr had returned to private life after his first stint as attorney general when he sat down to write an article for The Catholic Lawyer. It was 1995, and Mr. Barr saw an urgent threat to religion generally and to Catholicism, his faith, specifically. The danger came from the rise of “moral relativism,” in Mr. Barr’s view. “There are no objective standards of right and wrong,” he wrote. “Everyone writes their own rule book.”

And so, at first, it seemed surprising that Mr. Barr, now 69, would return after 26 years to the job of attorney general, to serve Donald Trump, the moral relativist in chief, who writes and rewrites the rule book at whim.

But a close reading of his speeches and writings shows that, for decades, he has taken a maximalist, Trumpian view of presidential power that critics have called the “imperial executive.” He was a match, all along, for a president under siege. “He alone is the executive branch,” Mr. Barr wrote of whoever occupies the Oval Office, in a memo to the Justice Department in 2018, before he returned.

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William Barr in Senator Mitch McConnell’s office in January before hearings on his nomination to be attorney general.

Erin Schaff for The New York Times

Now, with news reports that his review into the origins of the Russian investigation that so enraged Mr. Trump has turned into a full-blown criminal investigation, Mr. Barr is arousing fears that he is using the enormous power of the Justice Department to help the president politically, subverting the independence of the nation’s top law enforcement agency in the process.

Why is he giving the benefit of his reputation, earned over many years in Washington, to this president? His Catholic Lawyer article suggests an answer to that question. The threat of moral relativism he saw then came when “secularists used law as a weapon.” Mr. Barr cited rules that compel landlords to rent to unmarried couples or require universities to treat “homosexual activist groups like any other student group.” He reprised the theme in a speech at Notre Dame this month.

. . . .

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

Like most bigoted theocrats, including his nominally Methodist predecessor Sessions, Barr “cherry picks” religious teachings. Barr’s White Nationalist cruelty and intolerance, particularly against migrants, the most vulnerable among us, flies directly in the face of Catholic social justice teachings.

Sessions planned to turn the DOJ into a “White Nationalist Law Firm,” targeting migrants, the LGBTQ community, African Americans, women, and lawyers, among others. Sure, he refused to violate ethics by quashing the investigation of Trump. But, that’s more a case of protecting himself than it is a courageous stand against Trump.

Barr has continued the assault on Due Process and the American justice system, while also adding the dimension of misrepresenting the Mueller investigation and ignoring ethics to protect Trump.

PWS

10-30-19

DERANGED TRUMP WANTED TO MURDER & MAIM LAWFUL ASYLUM SEEKERS, WHILE AIDES COVERED UP FOR HIM RATHER THAN “BLOWING THE WHISTLE” — “Go Along To Get Along” Supremes & Appellate Courts Enabled & Encouraged Abuses By Failing To Take A Strong, Unified Position Against Trump’s Bogus “National Emergency,” Unconcealed Racial & Religious Bias Against Migrants, & Patently Evident Plans To Run Roughshod Over U.S. Constitution! — Aides Racing To Get Cost Estimates On Moats With Snakes & Alligators! — This Is Where The Dereliction Of Constitutional Duty By The GOP & The Roberts Court Has Gotten Us!

Michael D. Shear
Michael D. Shear
White House Reporter
NY Times
Julie Hirshfeld Davis
Julie Hirshfeld Davis
Congressional Reporter
NY Times

https://www.nytimes.com/2019/10/01/us/politics/trump-border-wars.html

Michael D. Shear and Julie Hirshfeld Davis report for the N.Y. Times:

WASHINGTON — The Oval Office meeting this past March began, as so many had, with President Trump fuming about migrants. But this time he had a solution. As White House advisers listened astonished, he ordered them to shut down the entire 2,000-mile border with Mexico — by noon the next day.

The advisers feared the president’s edict would trap American tourists in Mexico, strand children at schools on both sides of the border and create an economic meltdown in two countries. Yet they also knew how much the president’s zeal to stop immigration had sent him lurching for solutions, one more extreme than the next.

Privately, the president had often talked about fortifying a border wall with a water-filled trench, stocked with snakes or alligators, prompting aides to seek a cost estimate. He wanted the wall electrified, with spikes on top that could pierce human flesh. After publicly suggesting that soldiers shoot migrants if they threw rocks, the president backed off when his staff told him that was illegal. But later in a meeting, aides recalled, he suggested that they shoot migrants in the legs to slow them down. That’s not allowed either, they told him.

“The president was frustrated and I think he took that moment to hit the reset button,” said Thomas D. Homan, who had served as Mr. Trump’s acting director of Immigration and Customs Enforcement, recalling that week in March. “The president wanted it to be fixed quickly.”

Mr. Trump’s order to close the border was a decision point that touched off a frenzied week of presidential rages, round-the-clock staff panic and far more White House turmoil than was known at the time. By the end of the week, the seat-of-the-pants president had backed off his threat but had retaliated with the beginning of a purge of the aides who had tried to contain him.

Today, a s Mr. Trump is surrounded by advisers less willing to stand up to him, his threat to seal off the country from a flood of immigrants remains active. “I have absolute power to shut down the border,” he said in an interview this summer with The New York Times.

This article is based on interviews with more than a dozen White House and administration officials directly involved in the events of that week in March. They were granted anonymity to describe sensitive conversations with the president and top officials in the government.

In the Oval Office that March afternoon, a 30-minute meeting extended to more than two hours as Mr. Trump’s team tried desperately to placate him.

“You are making me look like an idiot!” Mr. Trump shouted, adding in a profanity, as multiple officials in the room described it. “I ran on this. It’s my issue.”

Among those in the room were Kirstjen Nielsen, the homeland security secretary at the time; Mike Pompeo, the secretary of state; Kevin K. McAleenan, the Customs and Border Protection chief at the time; and Stephen Miller, the White House aide who, more than anyone, had orchestrated Mr. Trump’s immigration agenda. Mick Mulvaney, the acting chief of staff was also there, along with Jared Kushner, the president’s son-in-law, and other senior staff.

Ms. Nielsen, a former aide to George W. Bush brought into the department by John F. Kelly, the president’s former chief of staff, was in a perilous position. She had always been viewed with suspicion by the president, who told aides she was “a Bushie,” and part of the “deep state” who once contributed to a group that supported Jeb Bush’s presidential campaign.

Mr. Trump had routinely berated Ms. Nielsen as ineffective and, worse — at least in his mind — not tough-looking enough. “Lou Dobbs hates you, Ann Coulter hates you, you’re making me look bad,” Mr. Trump would tell her, referring to the Fox Business Network host and the conservative commentator.

The happiest he had been with Ms. Nielsen was a few months earlier, when American border agents had fired tear gas into Mexico to try to stop migrants from crossing into the United States. Human rights organizations condemned the move, but Mr. Trump loved it. More often, though, she drew the president’s scorn.

That March day, he was furious at Mr. Pompeo, too, for having cut a deal with Mexico to allow the United States to reject some asylum seekers — a plan Mr. Trump said was clearly failing.

A complete shutdown of the border, Mr. Trump said, was the only way.

Ms. Nielsen had tried reasoning with the president on many occasions. When she stood up to him during a cabinet meeting the previous spring, he excoriated her and she almost resigned.

Now, she tried again to reason with him.

We can close the border, she told the president, but it’s not going to fix anything. People will still be permitted to claim asylum.

But Mr. Trump was unmoved. Even Mr. Kushner, who had developed relationships with Mexican officials and now sided with Ms. Nielsen, could not get through to him.

“All you care about is your friends in Mexico,” the president snapped, according to people in the room. “I’ve had it. I want it done at noon tomorrow.”

The Start of an Overhaul

The president’s advisers left the meeting in a near panic.

Every year more than $200 billion worth of American exports flow across the Mexican border. Closing it would wreak havoc on American farmers and automakers, among many others. Senator Mitch McConnell, Republican of Kentucky and the majority leader, said in an interview at the time that a border shutdown would have “a potentially catastrophic economic impact on our country.”

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That night, White House advisers succeeded in convincing the president to give them a reprieve, but only for a week, until the following Friday. That gave them very little time to change the president’s mind.

They started by pressuring their Mexican counterparts to rapidly increase apprehensions of migrants. Mr. Kushner and others in the West Wing showered the president with emails proving that the Mexicans had already started apprehending more migrants before they could enter the United States.

White House advisers encouraged a stream of corporate executives, Republican lawmakers and officials from the U.S. Chamber of Commerce to tell Mr. Trump how damaging a border closure would be.

Mr. Miller, meanwhile, saw an opportunity.

It was his view that the president needed to completely overhaul the Homeland Security Department and get rid of senior officials who he believed were thwarting efforts to block immigrants. Although many were the president’s handpicked aides, Mr. Miller told him they had become part of the problem by constantly citing legal hurdles.

Ms. Nielsen, who regularly found herself telling Mr. Trump why he couldn’t have what he wanted, was an obvious target. When the president demanded “flat black” paint on his border wall, she said it would cost an additional $1 million per mile. When he ordered wall construction sped up, she said they needed permission from property owners. Take the land, Mr. Trump would say, and let them sue us.

When Ms. Nielsen tried to get him to focus on something other than the border, the president grew impatient. During a briefing on the need for new legal authority to take down drones, Mr. Trump cut her off midsentence.

“Kirstjen, you didn’t hear me the first time, honey,” Mr. Trump said, according to two people familiar with the conversation. “Shoot ’em down. Sweetheart, just shoot ’em out of the sky, O.K.?”

But the problem went deeper than Ms. Nielsen, Mr. Miller believed. L. Francis Cissna, the head of the United States Citizenship and Immigration Services until earlier this year, regularly pushed back on Mr. Miller’s demand for a “culture change” at the agency, where Mr. Miller believed asylum officers were bleeding hearts, too quick to extend protections to immigrants.

They needed to start with the opposite point of view, Mr. Miller told him, and start turning people away.

John Mitnick, the homeland security general counsel who often raised legal concerns about Mr. Trump’s immigration policies, was also on Mr. Miller’s blacklist. Mr. Miller had also turned against Ronald D. Vitiello, a top official at Customs and Border Protection whom the president had nominated to lead Immigration and Customs Enforcement.

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By midweek, the campaign to change Mr. Trump’s mind about closing the border seemed to be working.

Maybe there’s another way to do this, the president told Ms. Nielsen. How about if I impose tariffs on the Mexicans, or threaten to impose tariffs? Tariffs are great.

But the staff worried that his retreat would only be temporary. The president never really let go of his obsessions.

They were right. On a trip to California late in the week, Mr. Trump turned to Mr. McAleenan, the Customs and Border Protection chief, with a new idea: He wanted him to stop letting migrants cross the border at all, with no exceptions. If you get into any trouble for it, Mr. Trump told him, I’ll pardon you.

The Turning Point

Once on the ground, Mr. Trump met up with Ms. Nielsen and worked a room filled with Border Patrol agents. Start turning away migrants at the border, he told them. My message to you is, keep them all out, the president said. Every single one of them. The country is full.

After the president left the room, Mr. McAleenan told the agents to ignore the president. You absolutely do not have the authority to stop processing migrants altogether, he warned.

As she and her staff flew back to Washington that Friday evening, Ms. Nielsen called the president. She knew he was angry with her.

“Sir, I know you’re really frustrated,” she told him. The president invited her to meet with him on Sunday in the White House residence.

Ms. Nielsen knew that Miller wanted her out, so she spent the flight huddled with aides on a strategy for getting control of the border, a Hail Mary pass. She called it the “Six C’s” — Congress, Courts, Communications, Countries, Criminals, Cartels.

Unbeknown to her, Ms. Nielsen’s staff started work on her letter of resignation.

When Ms. Nielsen presented her plan to Mr. Trump at the White House, he dismissed it and told her what he really needed was a cement wall.

“Sir,” she said, “I literally don’t think that’s even possible.” They couldn’t build that now even if it would work, which it wouldn’t, Ms. Nielsen told him. The designs for steel barriers had long since been finalized, the contracts bid and signed.

Image

The president responded that it was time for her to go, Mr. Trump recalled later. “Kirstjen, I want to make a change,” he said.

The president said he would wait a week to announce her resignation, to leave time for a transition. But before Ms. Nielsen had left the White House that day, the word was leaking out. By evening, Mr. Trump was tweeting about it.

“Secretary of Homeland Security Kirstjen Nielsen will be leaving her position,” Trump wrote, “and I would like to thank her for her service.”

The dismissal was a turning point for Mr. Trump’s immigration agenda, the start of the purge that ushered in a team that embraced Mr. Miller’s policies.

Mr. Trump quickly dismissed Claire M. Grady, the homeland security under secretary, and moved Mr. McAleenan to take Ms. Nielsen’s old job. Within two months, Mr. Cissna was out as well, replaced by Kenneth T. Cuccinelli II, a former Virginia attorney general and an immigration hard-liner.

On Aug. 12, Mr. Cuccinelli announced that the government would deny green cards for immigrants deemed likely to become “public charges.” Nine days later, Mr. McAleenan announced regulations to allow immigrant families to be detained indefinitely.

In the months since the purge, the president has repeated his threat of placing tariffs on Mexico to spur aggressive enforcement at the border. Mr. McAleenan and Mr. Cuccinelli have embraced restrictive asylum rules. And the Pentagon approved shifting $3.6 billion to build the wall.

Mr. Trump has continued to face resistance in the courts and public outrage about his immigration agenda. But the people who tried to restrain him have largely been replaced.

In the interview with The Times this past summer, Mr. Trump said he had seriously considered sealing the border during March, but acknowledged that doing so would have been “very severe.”

“The problem you have with the laws the way they are, we can have 100,000 of our soldiers standing up there — they can’t do a thing,” Mr. Trump said ruefully.

This article is adapted from “Border Wars: Inside Trump’s Assault on Immigration,” to be published by Simon & Schuster on Oct. 8.

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

Trump’s inherent dishonesty and lack of credibility are well established. His ham-handed attacks on the rule of law and the Constitution are obvious even to non-lawyers. So, what’s the excuse for the Supremes in the Travel Ban Cases & East Side Sanctuary Covenant and the Ninth Circuit in Innovation Law Labs? None, that I can see!

Trump is a dangerous and cruel lunatic, being appeased, enabled, and coddled by corrupt and immoral GOP legislators, a feckless and spineless Supreme Court, and cowardly, immoral aides who try to please an “off the rails” Mafia boss rather than blowing the whistle on the horrors of the Trump White House and the endless illegal schemes, gimmicks, abuses of Government authority, and, frankly, “crimes against humanity” being plotted there.

Failing to stand up to, expose, and publicly oppose Trump has potentially fatal consequences. Two branches of Government have failed. That’s where we need leadership and courage from the Supremes. So far, they have flunked the test — miserably!

PWS

10-02-19

HOW CORRUPT? — Billy “The Smirking Sycophant” Barr Aiming To Overtake “Gonzo Apocalypto” Sessions & “John The Con” Mitchell As Most Lawless & Corrupt AG In My Lifetime! — Federal Courts Share Blame For Deterioration Of Ethical Standards! — Judicial Complicity Has Real Life Consequences!

Michelle Goldberg
Michelle Goldberg
Opinion Writer
NY Times

https://www.nytimes.com/interactive/2019/09/26/opinion/trump-william-barr.html

Michelle Goldberg writes in the NY Times:

Just How Corrupt Is Bill Barr?

By Michelle Goldberg

Opinion Columnist

SEPT. 26, 2019

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By now you have probably read the opening of the whistle-blower complaint filed by a member of the intelligence community accusing Donald Trump of manipulating American foreign policy for political gain. But the whistle-blower’s stark, straightforward account of stupefying treachery deserves to be repeated as often as possible.

“In the course of my official duties, I have received information from multiple U.S. government officials that the president of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election,” the whistle-blower wrote. “This interference includes, among other things, pressuring a foreign country to investigate one of the president’s main domestic political rivals. The president’s personal lawyer, Mr. Rudolph Giuliani, is a central figure in this effort. Attorney General Barr appears to be involved as well.”

. . . . The whistle-blower’s complaint was deemed credible and urgent by Michael Atkinson, Trump’s own intelligence community inspector general, but Bill Barr’s Justice Department suppressed it. The Justice Department’s Office of Legal Counsel issued an opinion saying that the complaint needn’t be turned over to Congress, as the whistle-blower statute instructs. When Atkinson made a criminal referral to the Justice Department, it reportedly didn’t even open an investigation. And all the time, Barr was named in the complaint that his office was covering up.

Under any conceivable ethical standard, Barr should have recused himself. But ethical standards, perhaps needless to say, mean nothing in this administration.

In the Ukraine scandal, evidence of comprehensive corruption goes far beyond Trump. Former prosecutors have said that Rudy Giuliani, Trump’s personal attorney, may have been part of a criminal conspiracy when he pressed Ukrainian officials to open an investigation into Joe Biden and his son, Hunter. Vice President Mike Pence is also tied to the shakedown of Ukraine’s president, Volodymyr Zelensky, having met with him this month to talk about “corruption” and American financial aid. When this administration complains about Ukrainian “corruption,” it almost inevitably means a failure to corruptly pursue investigations that would bolster conspiracy theories benefiting Trump.

The whistle-blower wrote that White House officials moved a word-for-word transcript of Trump’s phone call with Zelensky from the computer system where such transcripts were typically kept into a separate system for the most highly classified information. “According to White House officials I spoke with, this was ‘not the first time’ under this administration that a presidential transcript was placed into this codeword-level system solely for the purpose of protecting politically sensitive — rather than national security sensitive — information,” the whistle-blower said.

According to Stephen Gillers, a professor of legal ethics at New York University School of Law, any lawyers involved in hiding these transcripts might have done something illegal. “The rule is it is both unethical and a crime for a lawyer to participate in altering, destroying or concealing a document, and here the allegation is that the word-for-word transcript was moved from the place where people ordinarily would think to look for it, to a place where it would not likely be found,” said Gillers. “That’s concealing.”

Then there’s Barr’s personal involvement in the Ukraine plot. In the reconstruction of Trump’s call with Zelensky that was released by the White House, Trump repeatedly said that he wanted Ukraine’s government to work with Barr on investigating the Bidens. Barr’s office insists that the president hasn’t spoken to Barr about the subject, but given the attorney general’s record of flagrant dishonesty — including his attempts to mislead the public about the contents of the Mueller report — there’s no reason to believe him. Besides, said Representative Jamie Raskin, a former constitutional law professor who now sits on the House Judiciary Committee, “the effort to suppress the existence of the phone conversation itself is an obvious obstruction of justice.”

But Barr’s refusal to recuse creates a sort of legal cul-de-sac. It’s only the Justice Department, ultimately, that can prosecute potential federal crimes arising from this scandal. Barr’s ethical nihilism, his utter indifference to ordinary norms of professional behavior, means that he’s retaining the authority to stop investigations into crimes he may have participated in.

“The administration of justice is cornered because the ultimate executive authority for that government role includes the people whose behavior is suspect,” said Gillers.

That makes the impeachment proceedings in the House, where Barr will likely be called as a witness, the last defense against complete administration lawlessness. “Just as the president is not above the law, the attorney general is not above the law,” said Raskin. “The president’s betrayal of his oath of office and the Constitution is the primary offense here, and we need to stay focused on that, but the attorney general’s prostitution of the Department of Justice for the president’s political agenda has been necessary to the president’s schemes and he will face his own reckoning.”

I hope Raskin is right. But until that day comes, people who care about the rule of law in this country should be screaming for Barr’s recusal, even if he won’t listen. He is now wrapped up in one of the gravest scandals in American political history. Can America’s chief law enforcement officer really be allowed to decide whether to criminally investigate misdeeds he might have helped to commit or to conceal? The answer will tell us just how crooked the justice system under Trump has become.

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Another serious transgression: This shockingly biased and corrupt Trump political toady is literally running the U.S. Immigration Courts into the ground while neither Congress nor the Article IIIs have the guts to require that migrants receive the “fair and impartial” adjudications to which they are entitled under the Due Process Clause of our Constitution.

Sure, Billy Barr is “the pits!” But those in Congress and the Article IIIs who are “letting him get away with murder” are equally to blame. Bullies like Barr take advantage of the “go along to get along” cowardice of those charged with holding them accountable.

Another example of how Barr’s DOJ has become an “ethics free zone:” Yesterday, before Judge Dolly Gee in the Flores litigation Barr’s DOJ lawyer August Flentje presented a totally disingenuous position. 

“How can you as officer of the court tell me that the regulations are not inconsistent with the settlement agreement?” the judge asked a Justice Department lawyer. “Just because you tell me it is night outside does not mean it is not day.”

https://www.nytimes.com/2019/09/27/us/migrant-children-flores-court.html?smid=nytcore-ios-share

But in the end, even Judge Gee, no “shrinking violet,” merely expressed her displeasure and ruled against the DOJ.

Why weren’t Flentje and his supervisors, all the way up to Barr, referred to their respective state bars for ethical violations and knowingly trying to mislead the court by presenting a frivolous “defense?”  Would private counsel’s dishonesty before the court have been treated as leniently? At one time DOJ lawyers were expected to have higher ethical standards than the minimum. Now they have become ethical scofflaws. 

But, as long as Federal Courts are unwilling to hold Barr & company ethically  accountable, the dishonesty and disrespect for the system will continue to grow. When the Article IIIs find themselves in the middle of a morass of frivolous litigation and outright lies presented by the DOJ, they will have only themselves to blame for the deterioration of civility and ethical standards.

Indeed, the Supremes’ own shameful performance in Barr v. East Side Sanctuary Covenant, where they allowed the Solicitor General to unethically “short circuit the system,” dissolved a proper stay issued by a U.S. District Judge, and allowed an unconstitutional, illegal, not to mention immoral, program of racially targeted elimination of asylum opportunities sends a strong signal that the Supreme themselves have become part of the “ethics free zone.” Trump and Barr  and their sycophantic subordinates have taken  notice.

Chief Justice John Roberts might disingenuously moan the loss of civility and the dysfunction in the Legislative and Executive Branches. But, fact is, his Court’s unwillingness to fulfill their oaths of office by enforcing the Constitution and standing up for the rule of law by reinforcing it against Trump’s arrogant overreach is a major part of the problem. He and his spineless Supremes’ majority have essentially left America defenseless against the tyranny and corruption of Trump, Barr, and company.

And, as asylum applicants are abused, human lives are ruined, the Immigration Courts dissolve, and Trump’s betrayal of our nation unfolds each day, we see that there are “real life consequences” to the Supremes’ complicity.

09-28-19

THE UN-AMERICANS: Under Trump & His Neo-Nazi Lieutenant Stephen Miller, Our Nation Projects The Ugliest Side Of History: “The Trump administration has systematically acted to bar as many refugees and asylum seekers as possible, virtually from its first day, supplanting America’s traditional welcome to the world’s desperate people with a spirit of xenophobia and bigotry.”

https://www.nytimes.com/2019/09/27/opinion/editorials/trump-refugees.html

From The NY Times Editorial Board:

President Trump’s latest assault on immigration, cutting the number of refugees accepted to a mere 18,000 from 30,000 last year, is better than the complete ban that some of his aides were seeking. But looking at mere numbers misses the point.

This is the administration’s latest message to anyone dreaming of a freer life in America: that they should just stay away. The Trump administration has systematically acted to bar as many refugees and asylum seekers as possible, virtually from its first day, supplanting America’s traditional welcome to the world’s desperate people with a spirit of xenophobia and bigotry.

Led by Stephen Miller, a zealot who has planted lieutenants throughout the government, the Trump White House has made its anti-immigration campaign something akin to a crusade, with “the wall” along the Mexican border as its symbol.

The administration has tried to scare away Central Americans by separating children from their parents when families arrive at the border seeking asylum; it threatened to end “temporary protected status” for people escaping natural and other disasters in a number of countries, including Haiti, Nicaragua and Sudan; it suspended the Deferred Action for Childhood Arrivals program, which let undocumented immigrants who arrived here as children stay and work; it has dramatically deported immigrants without regard for their ties to family and community; and it has enacted a system that would prevent migrants from seeking asylum if they passed through another country without first seeking asylum there.

Any question about the mind-set guiding the administration should have been put to rest by President Trump’s icy explanation to reporters earlier this month for why he was barring residents of the hurricane-battered Bahamas from taking refuge in the United States.

“I don’t want to allow people that weren’t supposed to be in the Bahamas to come into the United States, including some very bad people and some very bad gang members, and some very, very bad drug dealers,” he said. He offered not a shred of proof of any such danger, while the shattering evidence of Bahamians’ needs still lies everywhere.

The limit announced by the State Department on Thursday is far below the 110,000 refugees a year that President Barack Obama said in 2016 should be let in. Most of the 18,000 slots, moreover, are already filled by Iraqis who worked with the American military, victims of religious persecution and some Central Americans. That would leave only 7,500 slots for families seeking unification, like parents of Rohingya children who have already been admitted.

The proffered reason for the cut was the huge backlog in immigration courts as the number of people seeking asylum is expected to reach 350,000. Most refugees trying to enter the United States, though, have already been cleared. So it’s not immediately clear how lowering the annual limit will help ease the backlog.

There are enormous backlogs, and the United States cannot let in everyone who wants to come. But the severity of the cutbacks makes clear that the administration’s rationale hides its real motive: to score political points with a base of voters fearful of immigration by seeming to keep out as many people as possible.

This shortsighted politicking denies a fundamental virtue — and key advantage — of America’s democracy: that it is a land of immigrants and refugees. It ignores the contributions of immigrants to the greatness of the United States.

There is no sensible argument for opening the borders to everyone. Any refugee or asylum program needs a solid vetting process. But Mr. Trump’s approach is not the answer. Congress should have stepped in long ago with serious immigration reform. But that failure is no reason for Americans to be taken in by Mr. Trump’s fear-mongering and evasive explanations.

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

The New Due Process Army is out there courageously standing up against racist cowards like Trump, Miller, “Cooch Cooch,” and their sycophantic minions like “Big Mac With Lies,” Matt Albence, and the totally corrupt and immoral Billy Barr!

Due Process Forever — Trump, Miller, & Their Corrupt Cronies, Never!

Go New Due Process Army!

 

PWS

09-28-19

“I’M HENRY VIII, I AM, HENRY VIII, I AM, I AM” – Unhinged Trump Confuses Himself With The State, Threatens “Whistleblower” Sources With Treason – Will “Drawing & Quartering” Be Next? — Audience “Stunned” By Latest Evidence Of Unfitness for Office!

 

I’m Henry VIII

Herman’s Hermits

I’m Henry the eighth I am
Henry the eighth I am, I am
I got married to the widow next door
She’s been married seven times before

And every one was an Henry (Henry)
She wouldn’t have a Willy or a Sam (no Sam)
I’m her eighth old man, I’m Henry
Henry the eighth I am

Second verse same as the first

I’m Henry the eighth I am
Henry the eighth I am, I am
I got married to the widow next door
She’s been married seven times before

And every one was an Henry (Henry)
She wouldn’t have a Willy or a Sam (no Sam)
I’m her eighth old man, I’m Henry
Henry the eighth I am

I’m Henry the eighth I am
Henry the eighth I am, I am
I got…

 

Source: LyricFind

 

Maggie Haberman
Maggie Haberman
White House Correspondent
NY Times
Henry VIII
Henry VIII
Former King, England
Executed Those Who Wouldn’t Swear Personal Allegiance

https://www.nytimes.com/2019/09/26/us/politics/trump-whistle-blower-spy.html?smid=nytcore-ios-share

 

Maggie Haberman reports for the NY Times:

 

By Maggie Haberman

President Trump told a crowd of staff from the United States Mission to the United Nations on Thursday morning that he wants to know who provided information to a whistle-blowerabout his phone call with the president of Ukraine, saying that whoever did so was “close to a spy” and that “in the old days,” spies were dealt with differently.

The remark stunned people in the audience, according to a person briefed on what took place, who had notes of what the president said. Mr. Trump made the statement several minutes into his remarks before the group of about 50 mission employees and their families at the event intended to honor the mission. At the outset, he condemned the former Vice President Joseph R. Biden Jr.’s role in Ukraine at a time when his son Hunter Biden was on the board of a Ukrainian energy company.

Mr. Trump repeatedly referred to the whistle-blower and condemned the news media reporting on the complaint as “crooked.” He then said the whistle-blower never heard the call in question.

“I want to know who’s the person who gave the whistle-blower the information because that’s close to a spy,” Mr. Trump said. “You know what we used to do in the old days when we were smart with spies and treason, right? We used to handle it a little differently than we do now.”

The complaint, which was made public on Thursday morning, said the whistle-blower obtained information about the call from multiple United States officials.

“Over the past four months, more than half a dozen U.S. officials have informed me of various facts related to this effort,” the complaint stated. It described concerns that the president was using his phone call with the Ukrainian president for personal gain to fulfill a political vendetta.

Full Document: The Whistle-Blower Complaint

The complaint filed by an intelligence officer about President Trump’s interactions with the leader of Ukraine.

 

Some in the crowd laughed, the person briefed on what took place said. The event was closed to reporters, and during his remarks, the president called the news media “scum” in addition to labeling them crooked.

The ambassador to the United Nations, Kelly Knight Craft, was in the room.

A White House spokesman did not immediately respond to a request for comment.

An intelligence whistle-blower law protects intelligence officials from reprisal — like losing their security clearance or being demoted or fired — as long as they follow a certain process for bringing allegations of wrongdoing to the attention of oversight authorities.

The whistle-blower followed that process — filing a complaint with the inspector general for the intelligence community. The Trump Justice Department later proclaimed that the information the whistle-blower put forward did not qualify under the intelligence whistle-blower law, raising the question of whether the official was still protected from reprisal. The acting director of national intelligence, Joseph Maguire, has said he would not permit the official to suffer retaliation, but the inspector general has pointed out that this personal assurance is not a legal shield.

Moreover, whistle-blower laws are aimed at channeling complaints to certain officials with oversight responsibilities — Congress, supervisors or inspectors general — and do not protect officials who provide information to other people without authorization. For that reason, these laws almost certainly do not protect the officials who told the whistle-blower about the call in the first place.

Mr. Trump spoke as the director of the Office of the Director of National Intelligence was testifying before Congress that the president had never asked for the identity of the whistle-blower, whose complaint was initially withheld from Congress by the Trump administration.

At a fund-raiser at Cipriani 42nd Street in Manhattan immediately after the United Nations event, Mr. Trump walked out before the crowd of several hundred donors clutching paper in one of his hands and said, “This is the call.” He then said it was “the greatest thing” to happen to the Republican Party because they had raised so much money off the controversy.

In a Twitter post later in the day, Mr. Trump referred again to the whistle-blower having “second hand information” and called the inquiry “Another Witch Hunt!”

Editors’ Picks

 

Charlie Savage contributed reporting.

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

Those of us who have been saying for some time now that Trump’s conduct makes him a “clear and present danger” to the continued existence of our nation have been proved right again. Not, of course, that it means that Trump, with lots of help from the GOP and complicit courts, won’t succeed in destroying American democracy. Democracy is “on the ropes” while Trump is still in office.

What would Thomas More, former Lord High Chancellor of England, say about Trump’s rhetoric? More was famously executed in 1535 for refusing to recognize Henry VIII as the head of the Church in England.

In a time where Trump, Barr, McAleenan, Mulvaney, Pence, Graham, McConnell, Pompeo, the majority of the Supremes, and many others illustrate the complete absence of integrity and ethics in Government, the “Whistleblower” reminds us that there still are are some persons of integrity left in our Government. Sadly, they appear to be an “endangered species.”

Voters have a chance to save our nation by throwing Trump and his GOP scoundrels out of office, at every level, in 2020. Whether they are “up to the task” or not remains to be seen.

 

PWS

09-26-19

 

 

 

WHERE “JUSTICE” IS A CRUEL FARCE: As Career Officials Continue To Flee Or Be Thrown Off The Ship, Restrictionists Tighten Political Control Over Immigration “Courts” — Institutions Created To Insure Due Process Now Being Weaponized To Eradicate It, As Congress & Article IIIs Shirk Their Constitutional Duties!

Katie Benner
Katie Benner
Justice Correspondent
NY Times

https://www.nytimes.com/2019/09/13/us/politics/immigration-courts-judge.html

Katie Benner writes in The NY Times:

By Katie Benner

  • Sept. 13, 2019

WASHINGTON — The nation’s immigration judges lost a key leader this week, the latest in a string of departures at the top of the system amid a backlog of cases and a migrant crisis at the southwestern border.

The official, David Neal, said that he would retire from his position as head of the judges’ appeals board effective Saturday. “With a heavy heart, I have decided to retire from government service,” Mr. Neal wrote in a letter sent to the board Thursday and obtained by The New York Times.

He gave no reason for his abrupt departure and asked his colleagues to “keep true to your commitment to fairness and justice.”

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No replacement has been announced, and a Justice Department spokesman declined to comment, citing a policy to not do so on personnel matters.

Mr. Neal’s decision follows a shake-up at the Executive Office for Immigration Review, the court system that adjudicates the country’s immigration cases, including asylum cases. It is part of the Justice Department, not the judicial branch.

Three of its senior career officials — MaryBeth T. Keller, the chief immigration judge; Jean King, the general counsel; and Katherine H. Reilly, the deputy director — all left their roles this summer. Ms. King stayed at the immigration office in a different post.

Mr. Neal’s departure also comes amid the backdrop of the Trump administration’s efforts to curb both illegal and legal immigration, which have taxed the immigration courts, the criminal courts and border patrols along the nation’s southwestern border and prompted long-running discontent among immigration judges that they are being used to expedite deportations.

As Mr. Trump has sought to suppress immigration and cut down on the number of people who claim asylum in the United States, he has notched two wins at the Supreme Court.

On Wednesday, justices said in an unsigned order that amid an ongoing legal battle, the administration could bar most Central American migrants from seeking asylum in the United States if they passed through another country and were not denied asylum there. That decision will allow the administration to effectively bar migration across the southwestern border by Hondurans, Salvadorans, Guatemalans and others who must travel through other countries to get to the United States.

And in July, the Supreme Court said that the Trump administration could use $2.5 billion in Pentagon money to build a barrier along the border with Mexico, which would help Mr. Trump fulfill a campaign promise to build a wall on the border to stop immigration.

Amid these hard-line policies, a vocal group of immigration judges — part of the larger total of about 400 judges and appeals judges — have been at loggerheads with the Trump administration for more than a year.

Leaders of the judges’ union have pushed back against the imposition of quotas that they have said would expedite deportations at the expense of due process. Under former Attorney General Jeff Sessions, they accused the Justice Department of trying to turn the immigration courts into a deportation machine.

Mr. Sessions treated the judges “like immigration officers, not judges,” said Paul Schmidt, a former judge in the immigration courts.

Some judges have also bristled at a recent Justice Department decision that handed over the power to rule on appeals cases to the director of the office, a political appointee. The judges saw the move as an attempt to undermine their authority.

That decision also directly impacted Mr. Neal, demoting him “in practice,” by transferring his authority to decide appeals cases to the director of the office, said Ashley Tabbador, the president of the union that represents immigration judges.

“This regulation upends the entire system created to decide these cases,” Ms. Tabbador said. Should the new system run into problems, “the chairman would have been held accountable. I would have quit, too, if I were in David’s position.”

Though they are part of the Justice Department, many immigration judges view themselves as independent arbiters of the law and believe they must act within the confines of existing immigration statutes.

They have long deliberated over whether they should be part of the Justice Department — a debate that has intensified under President Trump.

Last month, tensions increased when a daily briefing that is distributed to federal immigration judges contained a link to a blog post that included an anti-Semitic reference and came from a website that regularly publishes white nationalists.

After the episode, the immigration review office said that it would stop sending the daily briefing and would not renew its contract with the service that provided it.

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

The farce taking place as the Trump DOJ politicos “remake” the Immigration Courts into a tool of DHS enforcement and repression of Due Process and fundamental fairness will go down as one of the darkest and most disturbing episodes in American legal history. 

The inability or unwillingness of the other two branches of Government, Congress and the Article III Judiciary, to intervene and fulfill their Constitutional duties of protecting Due Process, fundamental fairness, equal protection, First Amendment rights of union members, and separation of powers show a catastrophic failure of American institutions that are charged with protecting and advancing all of our rights.

In the end, nobody including Trump’s tone-deaf supporters and enablers, will escape the adverse consequences of giving in to White Nationalist authoritarianism.

PWS

09-15-19

BRET STEPHENS @ NYT: “Blessed Are The Refugees” — Damned Be Trump & His Cowardly Group Of Refugee Abusers & Their Enablers!

 

Bret Stephens
Bret Stephens
Opinion Columnist
NY Times

https://www.nytimes.com/2019/09/13/opinion/refugees-trump-america.html

A woman and her young daughter, no older than 6 or 7, are shopping for groceries in a corner store of a bombed-out city. It’s sometime around 1947. The war is over, the Germans are gone, the Gestapo is no longer hunting Jews. Some of their local henchmen have been imprisoned or shot. Many just took off their uniforms and returned to their former lives.

The mother speaks with the trace of a foreign accent. As she reaches for her wallet to pay, the grocer says: “Why don’t you people go back to where you came from?”

Where, precisely, would that even be? The woman had fled Moscow for Berlin as a girl, after the Bolsheviks came to power in 1917 and arrested her father, who was never to be heard from again. Later, when still in her twenties, she had fled Berlin for Milan, sometime between Hitler’s coming to power in 1933 and Mussolini’s enactment of the racial laws in 1938.

 

She and her daughter were citizens of no country, living under a made-up name. They had nowhere to return, no place to go, no way to stay, and nothing they could do about any of it. To go back to the Soviet Union would have been suicidal. Israel did not yet exist. Germany was out of the question. America’s doors were mostly shut.

This was the life of a refugee in postwar, pre-reconstructed Europe. It changed dramatically the following year, when Harry Truman signed the Displaced Persons Act, marking the first time that U.S. immigration policy became actively sympathetic to the utterly dispossessed.

Thanks to the law, mother and daughter arrived in New York on Nov. 13, 1950, with only $7 between them, but without the weight of fear on their backs.

What Truman did became precedent for decisions by subsequent administrations to admit other refugees: Some 40,000 Hungarians fleeing Soviet tanks after 1956 (including a young Andy Grove, later the C.E.O. of Intel); hundreds of thousands of Cubans fleeing Castro’s repression after 1959 (including a young Gloria Estefan); as many as 750,000 Soviet Jews fleeing persecution by a succession of Kremlin despots (including a young Sergey Brin).

There were so many others. More than a million Vietnamese, Laotians and Cambodians after the fall of Saigon. Hundreds of thousands of Iranians after Khomeini’s revolution. Over 100,000 Iraqis since the fall of Saddam Hussein. Similar numbers of Burmese. Altogether, some three million refugees have been welcomed by the U.S. since the Refugee Act of 1980, more than by any other country.

By almost any metric, America’s refugees tend to succeed, or at least their children do. Whatever they do to enrich themselves, they enrich the country a great deal more. Empirical data on immigrant success overwhelmingly confirm what common sense makes plain. People who have known tyranny tend to make the most of liberty. People who have experienced desperation usually make the most of opportunity. It’s mainly those born to freedom who have the knack for squandering it.

But beyond the material question of enrichment is the spiritual one of ennoblement. Of what can Americans be more proud than that we so often opened our doors to those for whom every other door was shut?

All of which makes this a moment of unique shame for the United States.

The Trump administration has made no secret of its xenophobia from its first days in office. The number of refugees arriving in the country plummeted from around 97,000 in 2016 to 23,000 in 2018. Last week, The Times reported that the White House was considering options to cut the numbers again by half, and perhaps even bring it down to zero.

As if to underscore the spirit of cruelty, the administration also declined to grant temporary protected status to Bahamians devastated by Hurricane Dorian. And the Supreme Court issued an order allowing for a new rule that effectively denies asylum protections for refugees arriving through a third country — a victory for executive authority when that authority is in the worst possible hands.

Critics of this column will almost certainly complain that the United States can’t possibly take everyone in — a dishonest argument since hardly anyone argues for taking in “everyone,” and a foolish argument since America will almost inevitably decline without a healthy intake of immigrants to make up for a falling birthrate.

Critics will also claim that “very bad people,” as Donald Trump likes to say, might take advantage of a generous asylum and refugee policy. Here again I’m aware of nobody advocating a “let-the-terrorists-come-too” immigration policy. Only a person incapable of kindness — a person like the president — can think that kindness and vigilance are incompatible, or that generosity is for suckers.

The mother and daughter whose story I told at the beginning of this column are, as you might have guessed, my own grandmother and mother. I thank God it was Harry Truman, not Donald Trump, who led America when they had nowhere else to turn.

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

There will be no America if Trumpism prevails, Bret.

PWS

09-14-19

SUPREME DISGRACE: Instead Of Protecting The Individual Rights Of Our Most Vulnerable Asylum Seekers, The Supremes’ Majority Joins The White Nationalist Assault On Refugee Laws & Human Dignity!

Azam Ahmed
Azam Ahmed
Bureau Chief, Mexico, Central America, the Caribbean
NY Times
Paulina Villegas
Paulina Villegas
Reporter
NY Times Mexico, Central America, & the Caribbean Bureau

https://apple.news/AzVf9gcH2QyOC67VugroXQg

By Azam Ahmed and Paulina Villegas

MEXICO CITY — Thousands of people fleeing persecution, most from Central America, line up at the United States’ southern border every day hoping for asylum. They wait for months, their names slowly crawling up a hand-drawn list until they are allowed to present their case to American immigration authorities.

After the United States Supreme Court issued an order this week, almost none of them will be eligible for asylum.

The Supreme Court on Wednesday allowed the Trump administration to enforce new rules that bar asylum applications from anyone who has not already been denied asylum in one of the countries they traveled through on their way to the United States.

The rule is among the most stringent measures taken by this administration in its battle to halt migration, upending decades of asylum and humanitarian norms. It is likely to affect hundreds of thousands of migrants traveling through Mexico to reach the United States: Eritreans and Cameroonians fleeing political violence. Nicaraguans and Venezuelans fleeing repression.

And the largest group of all: Hondurans, Salvadorans and Guatemalans escaping the twin scourges of poverty and gangs.

“This takes away all hope,” said Eddie Leonardo Caliz, 34, who left San Pedro Sula in Honduras with his wife and two kids three months ago to try to escape gang violence, and spoke from a shelter in southern Mexico. With measures like this, he said, the Trump administration “is depriving us of the opportunity to be safe.”

The new rule, which has been allowed to take effect pending legal challenges, is consistent with the Trump administration’s posture of hostility and rejection for those seeking protection in the United States.

Whether by separating families of migrants, by drastically limiting the number of asylum applications accepted on a given day or by returning those entering the United States to Mexico to await their hearings, the administration has shown a dogged determination to discourage migration.

Central American migrants at the Amar shelter in Nuevo Laredo in July.

Luis Antonio Rojas for The New York Times

And it has put tremendous pressure on Mexico to help meet its goal, threatening months ago to escalate tariffs on all Mexican goods if the nation did not buffer the surge of migrants heading to the United States from Central America and elsewhere.

Mexico responded. This week, when Mexican and American officials met in Washington to discuss progress on the issue, the Mexican delegation took great pains to show how its crackdown along its border with Guatemala and throughout the country has reduced migration flows to the United States by more than 50 percent in the last three months.

Mexico’s actions, though applauded by Trump administration officials this week, have overwhelmed its troubled migration system. The number of individuals applying for asylum in Mexico has already skyrocketed in the last few years, as the United States has tightened its borders.

This rule could add to that burden, with many more applying for asylum in Mexico, despite the danger of remaining in Mexico. Violence there has soared to the highest levels in more than two decades. Stories of migrants kidnapped along the border abound, as criminal organizations await their return from the United States or pick them off as they attempt to cross the border.

Several migrants who are making their way north said in interviews on Thursday that the new rule would not deter them. For most, the hope of a new life in the United States outweighed whatever legal worries might lie ahead.

“I know things are getting more and more complicated in the U.S.,” said Noel Hernández, 21, who was staying at a migrant shelter in Guatemala after leaving his home in Tegucigalpa, in Honduras, a few days ago.

“It’s like flipping a coin,” he said. “I either win or I lose.”

Others said they would try to make it in Mexico, despite the violence, or in Guatemala, a nation with a barely functional asylum system.

Oscar Daniel Rodríguez, 33, from San Salvador, has been in Guatemala with his wife and 3-year-old son for a month now, and says he will apply for asylum there.

He had applied for asylum in Mexico during a previous trek, and was rejected. If he is denied in Guatemala, he will try again in Mexico, he said. If they deny him again, he will try the United States.

Migrants from a caravan, along with organizers and legal observers, at the pedestrian crossing that will lead them to the U.S, in 2018.

Meghan Dhaliwal for The New York Times

“No matter how long it takes, and how long we have to wait, what we want is to give our son a better future,” he said.

Mexican asylum applicants, who don’t have to transit through another country to reach the United States, are not impacted by the new policy.

Like past efforts by the Trump administration to curb migration, Wednesday’s order could prove a burden for Mexico.

A senior Mexican official who spoke anonymously because the government has not addressed the issue publicly said that, for now, individuals who seek to apply will not fall under a previous provision, called Migrant Protection Protocol. That provision sends those applying for asylum in the United States back to Mexico to await their hearings.

Instead, migrants will either have to apply for another form of relief in the United States — with a higher bar for acceptance and fewer protections — or be deported back to their home countries.

Mexico is already playing host to tens of thousands of migrants awaiting their asylum hearings in the United States. Its migrant detention facilities can be overcrowded, unsafe and unsanitary.

Asylum applications there have soared in the last year, reaching about 50,000 through August, compared to fewer than 30,000 applications in the same period a year ago. This has placed a strain on Mexican society and on a system ill-equipped to handle such demand.

“We see detention centers crammed with migrants and children, riots, social problems arising, human rights abuses, and rising xenophobia among Mexicans,” said Jorge Chabat, a professor of international relations the University of Guadalajara. “The Mexican government has then little to no other choice but to design long-term migration policies to deal with the large number of migrants coming and staying now in Mexico.”

“There is not much else we can do,” he added, ruefully, “besides maybe lighting a candle for the Virgin of Guadalupe and praying for Trump not to be re-elected.”

Raftsmen wait for clients at a river crossing between the Guatemala-Mexico border.

Luis Antonio Rojas for The New York Times

The initial rule to block asylum sent shock waves among immigrant rights advocates when it was issued by the Trump administration in July of this year. It was almost immediately challenged in lawsuits.

The initiative was a unilateral move by the Trump administration after failed negotiations with Mexico and Guatemala to reach deals, called safe third country agreements, that would have required those countries to absorb asylum seekers who passed through them on their way to the United States.

Though Guatemala eventually caved to the administration’s pressure, and reached a safe third country agreement with the United States, Mexico remained firm in its refusal.

Now, with the Supreme Court allowing the asylum rule to go into effect, some feel the United States got what it wanted anyway — without the other countries’ consent.

“This is the latest step in terms of Trump’s policies to push Mexico to become a safe third country, and to make a big chunk of the migration flow stay in Mexico permanently and deter them from traveling north,” said Raúl Benítez, a professor of international relations at the National Autonomous University of Mexico.

The Mexican government, for its part, insists the move is not the same as a safe third country arrangement, which would require a bilateral agreement and would automatically send the majority of asylum seekers back to Mexico for good.

Neither Mexican officials nor independent experts believe it will lead to an immediate influx of returnees to Mexico. Instead, it could leave those who have been returned to Mexico while they await hearings more likely to stay because they will not be granted protection in the United States.

While the new rules will inhibit most migrants from applying for asylum, there are other forms of protected status that remain open to them, though the bar to entry is much higher.

Under current asylum law, individuals must show a credible fear, which is figured to be a 10 percent chance that they will face persecution if sent back home. The threshold for the two remaining protections now — so-called withholding status and qualification under the convention against torture — is reasonable fear. To qualify, the applicant must show a probability of being persecuted back home that is greater than 50 percent.

“The people affected by this policy are the most vulnerable — those without lawyers and those without knowledge of the system,” said Aaron Reichlin-Melnick, an immigration attorney with the Immigration Council. “Those without lawyers are being asked to meet a standard almost impossible for someone uneducated in asylum law to meet.”

Daniele Volpe contributed reporting from Guatemala City.

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

So, just why are Justices like Breyer and Kagan tarnishing their legacies by joining with their White Nationalist enabling brethren in this all out assault on the Refugee Act of 1980, the Due Process and Equal Protection Clauses of the U.S. Constitution, Human Rights, and human dignity?

The latest Trump Administration illegal absurdity encouraged, aided, and abetted by the Supremes: Honduras, one of the most dangerous and corrupt refugee sending countries in the world without a functioning asylum system, as a “Safe Third Country.” Obviously, the actions of an Administration confident that the majority of the Supremes share their corruption and cowardice when it comes to enforcing America’s long-standing human rights obligations.

Although it might not have occurred to the geniuses of the Trump Administration, and certainly not to the Supremes’ majority who apparently believe themselves exempt from the practical consequences of their actions, each of the failed states in the Northern Triangle has a seacoast which would allow ocean transit to the U.S. without touching any other country. So, the Trump White Nationalists and their Supreme enablers could be triggering another “Golden Venture” debacle or the type of even more dangerous sea exodus that happened in the Mediterranean when the EU restricted asylum applicants at its land borders. 

Or, it’s possible that smugglers will simply “sell” refugees on the very plausible idea that the U.S. refugee system and our commitment to the “rule of law” is nothing but a joke. In that case, smuggling individuals into the interior of the U.S will become an even bigger business. No way they will ever all be caught, even with ICE acting as Trump’s “New American Gestapo.” Higher risk means more profits for smugglers, more death and exploitation for migrants, and more unscreened “extralegal migration” into the U.S.

Up until Trump, the U.S. had been lucky. Most asylum seekers presented themselves at ports of entry or nearby Border Patrol Stations and trusted themselves to the U.S. asylum system for orderly processing. Even those who managed to enter the U.S. usually “affirmatively applied” through the USCIS Asylum Offices. 

The current mess in the legal system was almost entirely self-created by the “malicious incompetence” on the part of the Government’s immigration enforcement authorities. The “new message” is clear: only fools should use the US legal system, which in the case of asylum now more closely resembles a Third World dictatorship.

Once folks abandon the U.S. legal system, all of the land and sea borders and indeed the entire land mass of the U.S. will potentially “come into play” for smugglers and their desperate human cargoes of forced migrants. No wall will be long and high enough, no jail cells big enough, no child abuse severe enough, and no extralegal Supreme Court endorsed racist program nasty enough to control the flow of forced migrants seeking shelter. It might well lead to an internal police force that will trample the individual rights of all Americans. But, it won’t stop human migration until the U.S. downward spiral finally reaches the point where we are no better than the “sending countries” from which people are fleeing. 

The other possibility is that conditions in the sending countries improve over time so that most folks will stay put. But, the Administration has shown no interest in investing in long term solutions to forced migration.

Immigration is a sign of a strong country; xenophobia a weak and cowardly one. Unhappily, the Supremes have have abandoned the former vision and become front and center in encouraging and enabling the latter.

PWS

09-13-19

 

IMMIGRATION JUDGE V. STUART CROUCH SYMBOLIZES AMERICA’S GROSS DISREGARD OF CHILDREN’S RIGHTS & WELFARE!

Nicholas Kristof
Nicholas Kristof
Opinion Columnist
NY Times

https://www.nytimes.com/2019/09/11/opinion/child-poverty-democratic-debate.html

Nicholas Kristof writes in The NY Times:

When a 2-year-old Guatemalan boy had trouble staying silent in an immigration courtroom, the judge pointed his finger at him.

“I have a very big dog in my office, and if you don’t be quiet, he will come out and bite you,” the judge, V. Stuart Couch, a former Marine, yelled at the toddler in a 2016 hearing, according to a formal complaint shared by the Charlotte Center for Legal Advocacy and first reported this week by Mother Jones.

“Do you want him to bite you?” Couch asked.

The boy, his mom and their advocate were all soon sobbing. Couch later acknowledged that he “did not handle the situation properly,” according to the judge who investigated the complaint, Deepali Nadkarni.

Clearly, Couch didn’t have a child’s well-being in mind on that day. But ignoring the welfare of our young is a day-to-day problem in America, where our children are falling behind those in other wealthy countries.

On Thursday, 10 Democratic presidential candidates will debate. It would be a natural opportunity to provoke a national conversation on the subject. But a question about child poverty hasn’t been asked at a presidential debate in 20 years, not since a Republican primary debate in 1999, according to the Children’s Defense Fund.

Presidential candidates have been asked about the World Series, about cursing in movies, even about flag lapel pins more recently than they have been questioned about child poverty. We’ve had 147 presidential debates in a row without a single question on the topic (here’s a petition calling for more questions on the issue). I hope Thursday’s debate won’t be the 148th.

UNICEF says America ranks No. 37 among countries in well-being of children, and Save the Children puts the United States at No. 36. European countries dominate the top places.

American infants at last count were 76 percent more likely to die in their first year than children in other advanced countries, according to an article last year in the journal Health Affairs. We would save the lives of 20,000 American children each year if we could just achieve the same child mortality rates as the rest of the rich world.

. . . .

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

Read Kristof’s complete op-ed at the link.

Couch is one of America’s worst judges. One might therefore fairly ask why he recently was “rewarded” for his bias, unprofessionalism, and documented poor performance when Trump Sycophant Barr “elevated” him to the appellate bench? Perhaps, so he can abuse more women and children across the country?

But, as the Supremes and the GOP have decided to endorse and encourage child abuse, the question is whether the Dems can get it together to end the abuse before it’s too late for America and the world.

Child abusers like Trump, Couch, Barr, and the gang over at DHS are used to getting away with it. They are encouraged by a do nothing Congress, complicit Federal Judges, and a Trump base that has declared war on traditional American values and human decency. But, the consequences of their misconduct, and the unwillingness of the US political and legal system to stand up for children, won’t end well in the long run.

In the meantime, remember the names of the abusers and their enablers, some of them serving in our highest court and as GOP Senators and Representatives.

Child abuse is wrong!

PWS

09-12-19

THE U.S. REFUGEE PROGRAM IS A SMASHING SUCCESS THAT SAVES LIVES WHILE PROMOTING THE NATIONAL INTEREST IN MANY WAYS — NOW, TRUMP & HIS STUPID & CRUEL WHITE NATIONALIST GANG WANT TO COMPLETELY SHUT OUT REFUGEES AT A TIME OF THE WORLD’S GREATEST NEED AND WHEN AMERICA NEEDS MORE IMMIGRANTS!

Julie Hirshfeld Davis
Julie Hirshfeld Davis
Congressional Reporter
NY Times
Michael D. Shear
Michael D. Shear
White House Reporter
NY Times

https://www.nytimes.com/2019/09/06/us/politics/trump-refugees-united-states.html

Julie Hirshfeld Davis & Michael D. Shear report for The NY Times:

By Julie Hirschfeld Davis and Michael D. Shear

  • Sept. 6, 2019

WASHINGTON — The White House is considering a plan that would keep most refugees who are fleeing war, persecution and famine out of the United States, significantly cutting back a decades-old program, according to current and former administration officials.

One option that top officials are weighing would cut refugee admissions by half or more, to 10,000 to 15,000 people, but reserve most of those spots for people from a few countries or from groups with special status, such as Iraqis and Afghans who work alongside American troops, diplomats and intelligence operatives abroad. Another option, proposed by a top administration official, would reduce refugee admissions to zero, while leaving the president with the ability to admit some in an emergency.

Both options would all but end the United States’ status as a leader in accepting refugees from around the world.

 

The issue is expected to come to a head on Tuesday, when White House officials plan to convene a high-level meeting to discuss the annual number of refugee admissions for the coming year, as determined by President Trump.

“At a time when the number of refugees is at the highest level in recorded history, the United States has abandoned world leadership in resettling vulnerable people in need of protection,” said Eric Schwartz, the president of Refugees International. “The result is a world that is less compassionate and less able to deal with future humanitarian challenges.”

For two years, Stephen Miller, Mr. Trump’s top immigration adviser, has used his considerable influence in the West Wing to reduce the refugee ceiling to its lowest levels in history, capping the program at 30,000 this year. That is a more than 70 percent cut from its level when President Barack Obama left office.

The move has been part of Mr. Trump’s broader effort to reduce the number of documented and undocumented immigrants entering the United States, including numerous restrictions on asylum seekers, who, like refugees, are fleeing persecution but cross into the United States over the border with Mexico or Canada.

Now, Mr. Miller and allies from the White House whom he placed at the Departments of State and Homeland Security are pushing aggressively to shrink the program even further, according to one senior official involved in the discussions and several former officials briefed on them, who spoke on the condition of anonymity to detail the private deliberations.

White House officials did not respond to a request for comment.

John Zadrozny, a top official at United States Citizenship and Immigration Services, made the argument for simply lowering the ceiling to zero, a stance that was first reported by Politico. Others have suggested providing “carveouts” for certain countries or populations, such as the Iraqis and Afghans, whose work on behalf of the American government put both them and their families at risk, making them eligible for special status to come to the United States through the refugee program.

Advocates of the nearly 40-year-old refugee program inside and outside the administration fear that approach would effectively starve the operation out of existence, making it impossible to resettle even those narrow populations.

“Pulling the rug out from under refugees and the resettlement program, as is reported, is unfair, inhumane and strategically flawed for the United States,” said Nazanin Ash, the vice president for global policy and advocacy for the International Rescue Committee. “This is a program that is reserved for, and vital to, the most vulnerable refugees.”

Now, officials at the advocacy groups say the fate of the program increasingly hinges on an unlikely figure: Mark T. Esper, the secretary of defense, who they are hoping will save the program by protesting the cut and recommending that Mr. Trump set a higher refugee ceiling.

Barely two months into his job as Pentagon chief, Mr. Esper, a former lobbyist and defense contracting executive, is the newest voice at the table in the annual debate over how many refugees to admit. But while Mr. Esper’s predecessor, Jim Mattis, had taken up the refugee cause with an almost missionary zeal, repeatedly declining to embrace large cuts because of the potential effect he said they would have on American military interests around the world, Mr. Esper’s position on the issue is unknown.

The senior military leadership at the Defense Department has been urgently pressing Mr. Esper to follow his predecessor’s example and be an advocate for the refugee program, according to people familiar with the conversations in the Pentagon.

But current and former senior military officials said the defense secretary had not disclosed to them whether he would fight for higher refugee admissions at the White House meeting next week. One former general described Mr. Esper as in a “foxhole defilade” position, a military term for the infantry’s effort to remain shielded or concealed from enemy fire.

Image

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For two years, Stephen Miller, Mr. Trump’s top immigration advisor, has used his influence to reduce the refugee ceiling to its lowest levels in history.

Credit

Erin Schaff/The New York Times

A senior Defense Department official said that Mr. Esper had not decided what his recommendation would be for the refugee program this year. As a result, an intense effort is underway by a powerful group of retired generals and humanitarian aid groups to persuade Mr. Esper to pick up where Mr. Mattis left off.

In a letter to Mr. Trump on Wednesday, some of the nation’s most distinguished retired military officers implored the president to reconsider the cuts, taking up the national security argument that Mr. Mattis made when he was at the Pentagon. They called the refugee program a “critical lifeline” to people who help American troops, diplomats and intelligence officials abroad, and warned that cutting it off risked greater instability and conflict.

“We urge you to protect this vital program and ensure that the refugee admissions goal is robust, in line with decades-long precedent, and commensurate with today’s urgent global needs,” wrote the military brass, including Admiral William H. McRaven, the former commander of United States Special Operations; General Martin E. Dempsey, the former chairman of the Joint Chiefs of Staff; and Lt. General Mark P. Hertling, the former commanding general of Army forces in Europe.

They said that even the current ceiling of 30,000 was “leaving thousands in harm’s way.”

Gen. Joseph L. Votel, who retired this year after overseeing the American military’s command that runs operations in the Middle East, also signed the letter. In an interview, he noted that the flows of refugees leaving war-torn countries like Syria was one of the driving forces of instability in the region.

“We don’t do anything alone,” General Votel said of American military operations overseas, which are regularly helped by Iraqi citizens who become persecuted refugees. “This is not just the price we pay but an obligation.”

Mr. Mattis privately made the same arguments in 2018 and 2019 as he tried to fight back efforts by Mr. Miller to cut the refugee cap, which had already been reduced to 50,000 by Mr. Trump’s travel ban executive order.

Joined by Rex W. Tillerson, who was then the secretary of state, and Nikki R. Haley, the United Nations ambassador at the time, Mr. Mattis succeeded in keeping the cap at 45,000 for 2018. The next year, Mr. Miller tried to persuade Mr. Mattis to support a lower number by promising to ensure the program for the Iraqi and Afghans would not be affected. But Mr. Mattis refused, pushing for the program to remain at 45,000 refugees. But with Mr. Tillerson gone, Mr. Miller succeeded in persuading the president to drop the ceiling to 30,000.

In his announcement last year, Secretary of State Mike Pompeo argued that because of a recent surge of asylum seekers at the southwestern border, there was less of a need for the United States to accept refugees from abroad.

“This year’s refugee ceiling reflects the substantial increase in the number of individuals seeking asylum in our country, leading to a massive backlog of outstanding asylum cases and greater public expense,” Mr. Pompeo said at the time.

Now, a year later, Mr. Miller and his allies have repeatedly made that same argument in urging that the number go even lower.

Barbara Strack, who retired last year as chief of the Refugee Affairs Division at the federal Citizenship and Immigration Services, said the United States used to be a model for other countries by accepting refugees from all over the globe. After America began accepting Bhutanese refugees from Nepal, she said, other countries followed suit.

“Very often, that leadership matters,” she said. “That is something that is just lost in terms of who the United States is in the world and how other governments see us.”

The State Department was once the main steward and champion of the refugee resettlement program, but under Mr. Trump, that has changed, as the president and Mr. Miller have made clear that they view it with disdain. The top State Department official now in charge of refugees is Andrew Veprek, a former aide of Mr. Miller’s at the White House Domestic Policy Council who — with Mr. Zadrozny — was a central player in 2017 in efforts to scale back refugee resettlement as much as possible.

That has left the Defense Department as the last agency that could potentially preserve the refugee program. Its proponents inside the administration say they feel a sense of desperation waiting to see whether Mr. Esper will become its advocate.

“The strength of D.O.D.’s argument would really make a difference,” Ms. Strack said. “There just needs to be an acknowledgment that this administration would be walking away from a longstanding, bipartisan tradition of offering refuge to the most vulnerable people around the world.”

That sense of foreboding has intensified in recent weeks, as Mr. Miller has locked down the process for determining the refugee ceiling, to guard against leaks and cut down on opportunities for officials to intervene to save it. Normally, cabinet-level officials would be informed in advance of the options to be discussed at a meeting like the one scheduled on Tuesday.

This time, officials have been informed that their bosses will learn what numbers the White House is proposing only when they sit down at the table and are asked to weigh in.

Correction: September 6, 2019

An earlier version of this article misstated the age of a refugee program. It is 40 years old, not 50 years old.

Helene Cooper and Thomas Gibbons-Neff contributed reporting.

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Here’s a recent post featuring Don Kerwin of Center for Migration Studies (“CMS”) highlighting the many successes of our national refugee program and how it serves the national need.

https://immigrationcourtside.com/2019/07/21/don-kerwin-cms-refugees-helped-make-america-great-now-unpatriotic-trump-administration-plans-to-completely-abandon-worlds-refugees-at-their-time-of-greatest-need-rich/

As someone who worked on the enactment and initial implementation of the Refugee Act of 1980, I find Trump’s actions to be shockingly un-American and short sighted. The Refugee Program is there for very good reasons — to implement our obligations under the U.N. Convention & Protocol Relating To The Status of Refugees in an orderly and transparent manner with needed participation from both Congress and the Executive. 

While no program is “perfect,” the Refugee Admissions Program under the Refugee Act of 1980 is about as close to a perfect program as you can get. It has fostered nearly unprecedented cooperation among the U.S., other signatory countries, and NGOs who do much of the “footwork” at minimal costs to the Government in relation to the program’s long-term contributions to saving lives and promoting the national interest. Terminating it is nothing short of insane — the action of diseased and twisted minds overcome by fear, cowardice, and White Nationalist-stoked racism.

Undoubtedly, a future Administration will attempt to restore the program to its important place in the American foreign and domestic policy arenas. But, it won’t be so easy. The success of today’s overseas program is based on years of shared expertise among our government institutions, the NGO community, and the international community. Once that apparatus is “disassembled” and the expertise lost or diverted elsewhere, it will not be easily or quickly restored. 

Indeed a much more rational program, recommended by many, would be to substantially increase our refugee admissions, even above Obama Administration levels, and to include a realistically generous and robust program for identifying and accepting for resettlement refugees from the Northern Triangle without forcing them to make the difficult journey to the U.S. border to seek our protection.

Incidentally, since there is an irreducible requirement of “non refoulment,” or “non-return” under Article 33 of the U.N. Convention & Protocol, refugees will continue to seek protection from the U.S. no matter what lengths to which the Trump Administration goes to harass and punish therm. Eliminating existing legal refugee and asylum programs will just make their quest more dangerous and uncertain. It also will force those who succeed in establishing their cases for protection to “remain in limbo” in the U.S. rather than being welcomed and integrated into our society so that they can achieve their full human potential. Talk about a “lose-lose!” But, ultimately, making everybody a loser is about the only real skill that Trump, American’s greatest con-man, possesses.

Every day, the vile characters in the Trump Administration lead our country downward — toward the darkest recesses of failure and despair. We need national leaders who can show us the way upward again, before it’s too late for all of us.

PWS

09-08-19

IMMIGRATION COURTS: After Two Years Of Trump Administration Anti-Immigrant Shenanigans At EOIR, The Backlog Has Mushroomed To 975,298, Morale Has Hit Rock Bottom, & Due Process Is Mocked Every Day — There Is A Solution, But Will Our Republic Survive Enough To Reach It?

https://www.themarshallproject.org/2019/08/28/is-it-time-to-remove-immigration-courts-from-presidential-control

Julia Preston
Julia Preston
American Journalist
The Marshall Project

Julia Preston reports for The Marshall Project:

By JULIA PRESTON

A string of directives from President Donald Trump’s Justice Department that have reduced the authority of immigration judges and limited their control of their courtrooms has given new urgency to calls for a complete overhaul of the immigration courts.

Those courts now exist within the Justice Department and answer to the attorney general. Proposals for Congress to exercise its constitutional powers and create separate, independent immigration courts have long been dismissed as costly pipe dreams. But under Trump, judges and others in the court system say they are facing an unprecedented effort to restrain due process and politicize the courts with the president’s hard line on immigrants and demands for deportations.

“It’s time for the Department of Justice and the immigration courts to get a divorce,” said Jeremy McKinney, an attorney who is a vice-president of the American Immigration Lawyers Association.

In a letter in July, the immigration lawyers joined the American Bar Association, the Federal Bar Association and the immigration judges’ union to call on Congress to “establish an independent court system that can guarantee a fair day in court.” The idea is percolating in the Democratic presidential contests, with three candidates—Julián Castro, Beto O’Rourke and Sen. Elizabeth Warren—presenting specific plans. Another candidate, Sen. Kirsten Gillibrand, drafted a bill last year to make the change.

The chairman of the House Judiciary Committee, Rep. Jerrold Nadler, a Democrat from New York, said he will hold hearings on the proposals this fall. There is little chance such a plan would have traction in the Republican-controlled Senate.

Under the proposals, the immigration courts would become a stand-alone agency that would not be run or controlled by outside officials, with the goal of insulating judges from political pressure by any administration.

Department of Justice officials say they are working on a fast track to modernize courts that have been relegated to institutional backwaters. They oppose any plan to separate the courts, saying it would create a bureaucratic and legal morass that would do little to resolve massive backlogs and other chronic problems.

The costs and logistical hurdles “would be monumental and would likely delay pending cases even further,” said Kathryn Mattingly, a Justice Department spokeswoman. The proposals present “significant shortcomings, without any countervailing positive equities,” she said.

But several judges, including three who spoke anonymously because they are not authorized to make public statements, said the Trump administration has pushed the courts too far. The latest salvo emerged from a thicket of legal language in a rule issued Monday by the Justice Department. In a major change, it gives the official in charge of running the courts, who is not a sitting judge, the last word in appeals of some immigration cases. It also gave that official—the director of the Executive Office for Immigration Review, the formal name of the immigration court agency—expanded power to set broadly-defined “policy” for the courts.

The judges’ union reacted with alarm. Judge Ashley Tabaddor, president of the National Association of Immigration Judges, said the rule “removes any semblance of an independent, non-political court system.”

The judges’ association was already reeling after receiving what amounted to a declaration of war on Aug. 9, when the Justice Department filed a decertification petition that would bar judges, who are department employees, from being represented by the union.

Former Attorney General Jeff Sessions used his authority extensively, eliminating judges’ ability to close deportation cases and narrowing the path to asylum for migrant families from Central America fleeing domestic abuse, gang violence and cutthroat cartels. In a recent decision, Attorney General William Barr went further to deny families asylum, overruling long-standing opinions by judges.

Late last year the current director of the courts, James McHenry, under pressure from the White House, ordered judges in 10 busy courts to give priority to cases of families seeking asylum, pushing those cases to the front of their dockets while postponing others. Many judges are frustrated with the “rocket dockets,” finding that they deny many immigrants time to prepare for hearings while unreasonably delaying other cases, further stretching out backlogs.

In recent months McHenry, citing budget constraints, began to limit the availability of language interpreters for initial hearings, where judges see immigrants who speak many different languages. Translators have been replaced with videos providing boilerplate explanations of an immigrant’s rights. Judges said the videos are befuddling to immigrants in their first encounter with the court, and take away time for judges to address each person individually.

What really antagonized many judges was the imposition of quotas for finishing cases, tied to their performance reviews. Since last October, judges must complete at least 700 cases a year, with less than 15 percent of decisions being sent back to them by appeals courts. Time limits were set for many other decisions.

To remind judges of their standing, Justice officials designed a speedometer that sits on judges’ computer screens, with green marking numbers of decisions that meet the metrics and stoplight red indicating where they are lagging.

“So you sit down and you see that dashboard staring at you, updated every day, and you have 50 motions on your desk to decide whether to continue a case,” said Denise Noonan Slavin, who retired as an immigration judge in March after 24 years on the bench. The metrics, she said, inevitably discourage judges from granting more time for cases, even if an immigrant presents a valid argument.

“If judges get into that red, they can lose their job,” Slavin said.

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Last October the Justice Department initiated performance metrics for immigration judges (referred to as IJs), setting benchmarks that they must complete at least 700 cases a year and finish other decisions within certain time limits. Speedometers sit on judges’ computer screens, with green showing they are on track with their cases and red signaling they are far behind. U.S. DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

Most proposals to reconfigure the courts would have Congress act under Article One of the Constitution. The courts would become a separate agency governed by judges, but would remain within the executive branch. There is no appetite for the vast costs and litigation it would take to move the courts to the federal judiciary.

Reformers cite the example of the tax court, which Congress set up in 1969 to have independent judges deciding federal tax disputes, taking them out of the grip of the Internal Revenue Service. Similarly, Judy Perry Martinez, president of the American Bar Association, said in an interview that the immigration courts cannot be fully impartial while they are subordinate to the attorney general, the nation’s top prosecutor.

The Federal Bar Association, which has written a model bill for the transformation, insists it would not be as daunting as it sounds. The bill is drafted “with the idea of simply lifting the courts,” and their budget, out of the Justice Department, said Elizabeth Stevens, chair of the organization’s immigration law section. Under this plan, the courts would remain in existing facilities and current judges would continue to serve for four years before being re-appointed by Senate-confirmed appeals judges to serve in the new system.

Proponents have a harder time explaining how the transition would avoid even more of a bureaucratic sinkhole than existing courts, where the backlog stands at more than 930,000 cases. But Slavin said independent judges would take back their ability to manage cases efficiently, which she said micromanagement under Trump had eroded.

Advocates have few illusions that Trump and a Congress locked in immigration feuds will address their complaints soon. But they want to get the issue on the election year agenda, contending that Democrats and some judicial conservatives among Republicans could vote for an eventual bill.

The Justice Department can be expected to resist. But McKinney, from the lawyers association, said that with the sense of siege in the courts, “Suddenly something that was a dream or a theory is becoming something that could become a reality.”

Julia Preston covered immigration for The New York Times for 10 years, until 2016. She was a member of The Times staff that won the 1998 Pulitzer Prize for reporting on international affairs, for its series that profiled the corrosive effects of drug corruption in Mexico. She is a 1997 recipient of the Maria Moors Cabot Prize for distinguished coverage of Latin America and a 1994 winner of the Robert F. Kennedy Award for Humanitarian Journalism.

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Lost in the shuffle: With all the money poured down the drain on mindless schemes to DENY DUE PROCESS rather than enhance it, after 19 years of “study and development,” EOIR IS STILL WITHOUT A FUNCTIONAL E-FILING SYSTEM!

Plenty of money for absurd “Judicial Dashboards;” none for even minimally competent court administration. And, how about the reduction in essential interpreter services mentioned in Julia’s article? Talk about “malicious incompetence” in action!

Also, the 975,298 “docketed” cases in the backlog (according to TRAC, as of 07-31-19) DOES NOT include most of the approximately 330,000 “Administratively Closed” cases that Sessions and Barr have idiotically tried to “force” back on the already-backlogged dockets. This week, the Fourth Circuit “called out” this illegal nonsense by emphatically rejecting Sessions’s scofflaw ruling in Matter of Castro-Tum, 27 I&N Dec. 271 (AG 2018). This development was reported in “Courtside” yesterday. https://immigrationcourtside.com/2019/08/29/gonzo-apocalyopto-slammed-unanimous-panel-of-4th-cir-rejects-matter-of-casto-tum-exposes-irrationality-of-biased-unqualified-restrictionist-former-ag/.

Unfortunately, however, the Fourth Circuit’s ruling in Zuniga Romero v. Barr currently only applies in the Baltimore, Arlington, and Charlotte Immigration Courts. This leaves the rest of the country in the type of mass confusion and uncertainty that the Trump Administration strives to create.

It’s past time for the Article III Courts to do their duty, put this patently unconstitutional mess out of its misery, and appoint a “Special Master” to restore at least some semblance of Due Process, fundamental fairness, impartiality, quasi-judicial independence, and competent court management to this system pending Congressional reforms to comply with the Constitution.

Most important: judicial intervention might save some human lives that will otherwise be lost as a result of the “malicious incompetence” with which the Trump Administration regularly has abused the “captive” U.S. Immigration Courts.

PWS

08-30-19

CHILD ABUSERS ON THE LOOSE! — No Matter What Lies Trump, Big Mac, Cooch Cooch, Albence & The Gang Spew Out, The Truth Is Clear: Detention Is Child Abuse!

Leah Hibe;
Leah Hibel
Associate Professor
UC Davis
Caitlin Patler
Caitlin Patler
Assistant Professor
UC Davis

https://www.nytimes.com/2019/08/27/opinion/migrant-children-detention.html

By Leah Hibel and

NY Times

Dr. Hibel is a professor of human development and family studies. Dr. Patler is a professor of sociology.

The Trump administration last week announced a new regulation that would allow the government to indefinitely detain migrant families who cross the border. If it goes into effect, it would terminate an agreement known as the Flores settlement that has been in place since 1997 to ensure that children are kept in the least restrictive setting possible, receive certain standards of care, have access to lawyers, and are generally released within 20 days. The effect would be to extend the well-documented suffering of migrant children in detention centers.

. . . .

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Go to the link for the full story.

Why are children being abused and detained while the corrupt officials who promote and lie in an attempt to justify the unjustifiable remain free and supported by the “public dole?”

PWS

08-27-19

 

FRAUD, WASTE, & ABUSE @ “JUSTICE” – Barr & Co. Seek To Punish National Association of Immigration Judges (”NAIJ”) For Daring To Stand Up For Due Process & Judicial Independence!

https://www.nytimes.com/2019/08/10/us/immigration-judges-union-justice-department.html?searchResultPosition=1

Christina Goldbaum
Christina Goldbaum
Immigration Reporter
NY Times

Christina Goldbaum reports for the NY Times:

By Christina Goldbaum

  • 10, 2019

The Justice Department has moved to decertify the union of immigration judges, a maneuver that could muffle an organization whose members have sometimes been openly critical of the Trump administration’s immigration enforcement agenda.

The department filed a petition on Friday asking the Federal Labor Relations Authority to determine whether the union, the National Association of Immigration Judges, should have its certification revoked because its members are considered “management officials” ineligible to collectively organize, according to a Justice Department spokesman.

The move suggested escalating tensions between overwhelmed immigration judges desperate for greater resources and a Justice Department pushing them to quickly address a backlog of immigration cases.

“This is a misguided effort to minimize our impact,” said Judge Amiena Khan, vice president of the judges’ union, which has publicly criticized the use of a quota system in immigration court and other attempts to speed up proceedings.

“We serve as a check and balance on management prerogatives and that’s why they are doing this to us,” said Judge Khan.

Unlike other federal judges who are part of the judicial branch, immigration judges are appointed by the attorney general and are employees of the Justice Department. Though sitting judges are prohibited from speaking publicly about issues that could be considered political, representatives of the immigration judges’ union can speak publicly about Justice Department policies on behalf of its members.

This is not the first time an administration has challenged the organization. The Clinton administration also tried to decertify the immigration judges’ union, a move that the Federal Labor Relations Authority rejected, according to former immigration judges.

Both Judge Khan and the union president, Judge Ashley Tabaddor, have spoken out repeatedly against what they say is an attempt to turn immigration judges from neutral arbiters of the law to law enforcement agents enacting the White House’s policies. They have called for immigration judges to be independent of the Justice Department.

Last year, the union criticized the department’s quota system, which required immigration judges to complete 700 cases per year, as well as a move to bar judges from an administrative tool they had previously used to reduce their caseloads. The union says the focus on efficiency impedes judges’ ability to work through complicated cases and could affect the due process rights of immigrants in court.

The pressure to hear more cases more quickly amounts to “psychological warfare,” Judge Tabaddor said last year.

Addressing some of the union’s concerns, the Justice Department has tried to tackle the backlog, which now totals more than 830,000 cases, by hiring more immigration judges. Judges appointed by President Trump now make up 43 percent of the nation’s immigration judges, a larger share than under any of his five predecessors, according to a recent analysis by The Associated Press. A large number of his appointees are former military or Immigration and Customs Enforcement lawyers, the analysis found.

But that hiring has not been accompanied by other necessary support, Judge Khan said.

“I can’t work alone, I am reliant on support staff,” said Judge Khan. “Right now there are two judges to one support staff person,” which has delayed the progress of cases despite the additional judges, she said.

The judges’ union plans to officially respond to the Justice Department’s petition once it receives official notification from the Federal Labor Relations Authority.

If the attempt to decertify the union is successful, it could leave judges without recourse for their already overwhelming workload, judges said.

“The union won’t be able to help judges with overall working conditions at a time when most all judges would tell you working conditions are worse now than they have ever been,” said Paul Schmidt, a former immigration judge.

Judge Khan called the Justice Department’s petition part of “a systematic attack on unions” representing federal employees under the Trump administration. Last year, Mr. Trump signed a series of executive orders that rolled back the workplace role of unions for at least two million federal workers and made it easier to fire them. The administration said the move would make the government more efficient.

The Justice Department’s recent petition will most likely prompt an investigation by the Federal Labor Relations Authority, according to a department spokesman.

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

 

Seems like the investigation ought to be into ethical violations and attempts to misuse Federal labor laws by Bill Barr. A substantially identical challenge to the NAIJ was soundly rejected by the same agency, the FLRA, back in the late 1990’s under the Clinton administration.

 

Since then, over the strong objection of the NAIJ, the status of Immigration Judges has been even farther reduced to that of glorified “deportation clerks.” The idea that individuals whose little remining discretion has been removed have somehow morphed into “management officials” is both totally absurd and a confirmation that so-called “management officials” in the Federal Government under the Trump Administration have nothing to manage.

 

Seems like this clear abuse of our legal system by Barr and his cronies should be a subject for investigation by the House Judiciary Committee and would warrant commencement of impeachment proceedings against arrogant, anti-American scofflaw Bill Barr. Not that Barr hasn’t already been found in contempt of Congress and the American people – he has. He’s a disgusting character – a disgrace to public service and the legal profession.

 

I suppose he will escape accountability in his lifetime. But, the “Jefferson Davis of the Justice Department” will certainly receive the judgement of history against him for his betrayal of his country and his racist, White Nationalist misconduct clothed in a thin veneer of undeserved credibility based on his success in the corporate legal world. If anything, that a sleazy and corrupt character like Barr could prosper in the world of “white shoe corporate law” is an indictment of that system and its total lack of values and ethical standards.

 

Meanwhile, it appears that the actions of the NAIJ have been successful in striking a nerve among the DOJ kakistocracy. As with the corrupt, inept, and racist-infested DHS, the current inability of the DOJ as an institution to stand up to Barr’s dishonesty, corruption, and lawless behavior certainly merits a reexamination of the role and structure of the DOJ down the line with an eye toward determining how an institution supposedly staffed with “officers of the court” could be so cowardly and inept when it comes to standing up against internal abuses and contempt for our Constitution.

 

In addition, the latest abuse of authority by Barr emphasizes the need for immediate removal of the Immigration Courts from Barr’s control and a reversal of the “Chevron doctrine” of “judicial task avoidance” that has granted the DOJ’s immigration kakistocracy clearly unwarranted and unjustified “deference.”

 

Finally, I pass along my favorite quip from one of my former colleagues about the exalted “management role” of today’s Immigration Judges: “I often say I am not even permitted to manage the pencils in my courtroom.”

 

While there is a certain type of “dark humor” in the actions of Barr and the other “malicious incompetents” in the Trump Administration, there is nothing funny about the innocent lives being lost or threatened by their actions or the damage that these “evil clowns” are inflicting on our Constitution and our instructions.

 

PWS

 

08-10-19

 

 

 

SENTENCED TO DEATH WITHOUT DUE PROCESS: Trump’s Legal Shenanigans Kill Innocent People!

https://www.nytimes.com/2019/07/25/opinion/politics/expedited-deportation-trump-immigration.html

Beth Werlin
Beth Werlin
Executive Director
American Immigration Council

Beth Werlin writes in The NY Times:

The Trump administration’s expansion of the use of fast-track deportations through “expedited removal” will create a “show me your papers” regime nationwide in which people — including citizens — may be forced to quickly prove they should not be deported. This policy allows Immigration and Customs Enforcement to quickly deport someone without going before an immigration judge, undermining American principles of fundamental fairness and putting United States citizens, permanent residents and asylum-seekers at risk of wrongful deportation.

For 15 years, the government has been applying expedited removal in a limited way to those within 100 miles of the Canadian or Mexican border who have been in the United States for less than two weeks. The entire process consists of an interview with an immigration officer during which the burden is on the individual to prove a legal right to remain in the United States. One could be questioned, detained and deported very swiftly with little time to consult a lawyer or to gather evidence to prevent deportation. The extremely short timeline of the expedited-removal process increases the chances that a person who is legally entitled to stay in the United States can end up being removed anyway. The government now says it will apply it across the country for many people who cannot prove they have been present in the United States for two years or more. The expansion could affect thousands of people nationwide.

During just one year of the Trump administration, 27,540 citizens were questioned by ICE — five times more than the last year of the Obama administration. The expansion of the expedited removal process will further increase the number of people questioned, creating a heightened risk that citizens will be arrested, detained and wrongfully deported.

The process has many shortcomings. First, in expedited removal proceedings, immigration officers serve as both prosecutor and judge — charging someone as deportable and making a final decision to deport him, often all within a day. These rapid deportation decisions fail to take into account many critical factors that an immigration judge would consider, including whether the individual is eligible to apply for lawful status in the United States or whether he has citizen family members.

Second, there is generally no opportunity to consult with a lawyer. Having one can make all the difference. With a lawyer, a person is 10 times more likely to prevail in an immigration case. Moreover, there is typically no judicial oversight, with relatively low-level government officers authorized to issue the deportation orders.

Despite the backlogs in the immigration court system and even though the courts often fail to live up to expectations, they can help ensure a basic level of fair process. They safeguard against unlawful removals, afford people the opportunity to obtain counsel, and provide a streamlined appeal process.

This is particularly critical today, given that many people who will be subject to expedited removal are asylum seekers. These particularly vulnerable people could face serious harm or death in their countries of origin if they’re deported.

The lack of safeguards and information in expedited removal is compounded by well-documented abuse of the process. Immigration officers applying expedited removal are obligated to inform individuals of their opportunity to seek asylum and refer a person who expresses a fear of returning to their home country for a “credible fear interview.” Unfortunately, multiple investigations have revealed that officers at the border sometimes fail to fulfill these obligations.

One hallmark of the American justice system is a fair day in court before an impartial decision maker. This is the ultimate distortion of that system. Rather than strengthening the immigration court system, the administration is planning to bypass it entirely, and the human costs will be great.

Beth Werlin is the executive director of the American Immigration Council

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Trump’s cruel abuse of vulnerable refugees and his wanton destruction of the U.S. Immigration Court system are national disgraces!

 PWS

07-27-19

 

DUE PROCESS & RULE OF LAW PREVAIL ANYWAY — USD JUDGE TIGAR STOPS TRUMP’S ASYLUM TRAVESTY FOR NOW! — Conflicting Decisions On Same Day!

https://www.nytimes.com/2019/07/24/us/asylum-ruling-tro.html

Miriam Jordan
Miriam Jordan, National Immigration Reporter, NY Times
Zolan Kanno-Youngs
Zolan Kanno-Youngs
Reporter, NY Times

Miriam Jordan & Zolan Kanno-Youngs report for The NY Times:

LOS ANGELES — A federal judge on Wednesday ordered the Trump administration to continue accepting asylum claims from all eligible migrants arriving in the United States, temporarily thwarting the president’s latest attempt to stanch the flow of migrants crossing the southern border.

Judge Jon S. Tigar of the United States District Court in San Francisco issued a preliminary injunction against a new rule that would have effectively banned asylum claims in the United States for most Central American migrants, who have been arriving in record numbers this year. It would have also affected many migrants from Africa, Asia and other regions.

The decision came on the same day that a federal judge in Washington, hearing a separate challenge, let the new rule stand, briefly delivering the administration a win. But Judge Tigar’s order prevents the rule from being carried out until the legal issues can be debated more fully.

The rule, which has been applied on a limited basis in Texas, requires migrants to apply for and be denied asylum in the first safe country they arrive in on their way to the United States — in many of the current cases, Mexico — before applying for protections here. Because migrants from Honduras, El Salvador and Guatemala make up the vast majority of asylum seekers arriving at the southern border, the policy would virtually terminate asylum there.

“This new rule is likely invalid because it is inconsistent with the existing asylum laws,” Judge Tigar wrote in his ruling on Wednesday, adding that the government’s decision to put it in place was “arbitrary and capricious.”

The government, which is expected to appeal the decision, has said that the rule intends to prevent exploitation of the asylum system by those who unlawfully immigrate to the United States. By clogging the immigration courts with meritless claims, the government argues, these applicants harm asylum seekers with legitimate cases who must wait longer to secure the protection they deserve.

Under the policy, which the administration announced on July 15, only immigrants who have officially lost their bids for asylum in another country or who have been victims of “severe” human trafficking are permitted to apply in the United States.

Hondurans and Salvadorans have to apply for asylum and be denied in Guatemala or Mexico before they become eligible to apply in the United States, and Guatemalans have to apply and be denied in Mexico.

The policy reversed longstanding asylum laws that ensure people can seek safe haven no matter how they got to the United States. On July 16, the day the new rule went into effect — initially in the Rio Grande Valley of Texas — the American Civil Liberties Union challenged the policy in court in San Francisco. The case in Washington was filed separately by two advocacy organizations, the Capital Area Immigrants’ Rights Coalition and Refugee and Immigrant Center for Education and Legal Services, or Raices.

“The court recognized, as it did with the first asylum ban, that the Trump administration was attempting an unlawful end run around asylum protections enacted by Congress,” said Lee Gelernt, the A.C.L.U. lawyer who argued the case in San Francisco.

The groups challenging the rule argued that immigration laws enacted by Congress expressly state that a person is ineligible for asylum only if the applicant is “firmly resettled” in another country before arriving in the United States. The laws also require an asylum seeker to request protection elsewhere only if the United States has entered into an agreement with that country and the applicant was guaranteed a “full and fair procedure” there, they said.

Judge Tigar agreed. “The rule provides none of these protections,” he said in his ruling.

During a hearing in the case on Wednesday, a lawyer for the Justice Department, Scott Stewart, said that a large influx of migrant families had spawned a “crisis” that had become “particularly stark” and created a “strain” on the asylum system.

“Migrants understand the basics of the incentives and are informed about how changes in law and policy can affect their options,” Mr. Stewart told the judge.

Judge Tigar voiced concern about forcing asylum seekers to apply for protection in Mexico or Guatemala. “We don’t see how anyone could read this record and think those are safe countries,” he said, referring to the rule’s language that migrants must apply to the first safe country.

The judge also said that the government did not address the “adequacy of the asylum system in Guatemala,” which is not equipped to handle a surge in applications.

Charanya Krishnaswami, advocacy director for the Americas at Amnesty International, said it was inhumane and cruel to force people fleeing violence to seek safety in places that are as dangerous as the homes they fled. “Everyone seeking protection has the right to humane treatment and a fair asylum process under U.S. and international law,” she said.

In federal court in Washington, two advocacy groups made similar arguments against the new policy.

But that judge, Timothy J. Kelly, found that the groups did not sufficiently support their claim that “irreparable harm” would be done to the plaintiffs in the case if the policy were not blocked. While the rule would affect migrants seeking asylum, the judge said, “the plaintiffs before me here are not asylum seekers.”

“They are only two organizations, one of which operates in the D.C. area, far from the southern border,” he added.

In recent years, the number of migrants petitioning for asylum has skyrocketed.

Migrant families and unaccompanied children have been turning themselves in to Border Patrol agents and then requesting asylum, which typically enables them to remain in the United States for years as their cases wind through the backlogged immigration courts. Only about 20 percent of them ultimately win asylum, according to the government, and many of those whose applications are rejected remain in the country unlawfully.

The administration announced the new asylum policy despite the fact that Guatemala and Mexico had not agreed to the plan, which means those countries have made no assurances that they would grant asylum to migrants intending to go to the United States. Talks with Guatemala broke down and the country’s president, Jimmy Morales, backed out of a meeting that had been scheduled for July 15 at the White House. On Wednesday, President Trump said that his administration was considering imposing tariffs on Guatemalan exports or taxing money sent home by migrants.

The new asylum rule is just one of many efforts by the Trump administration to curb the entry of migrants.

At ports of entry, Customs and Border Protection agents have significantly slowed the processing of applicants through metering — limiting how many migrants are processed to as few as a dozen per day.

And some 16,000 migrants are waiting in Mexican border towns like Tijuana under a policy commonly referred to as “Remain in Mexico,” which forces asylum seekers to wait in Mexico until the day of their court hearing. The policy makes it more difficult for the migrants to secure a lawyer to represent them in the United States, undermining their chances of winning protections.

In November, President Trump unveiled a separate policy that banned migrants from applying for asylum if they failed to make the request at a legal checkpoint. Judge Tigar, who was also hearing that case, issued a temporary restraining order blocking that rule. The case is currently on appeal in the Ninth Circuit.

Zolan Kanno-Youngs reported from Washington, and Miriam Jordan from Los Angeles.

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It’s a much more reasonable order than that issued by Judge Kelly in DC earlier in the day which declared “open season” on asylum seekers. Judge Tigar has been on the front lines of Trump’s war on Due Process and the rule of law. Significantly, he pointed out the absurdity of the Trump Administration’s outrageous scofflaw attempt to classify Guatemala, one of the most dangerous countries in the world, without a functioning asylum system, as a bogus “safe third country.”

It’s on to the appellate courts!

PWS

07-24-19