GONZO’S WORLD: HOW’S HE ABUSING HIS OFFICE AND WASTING YOUR MONEY NOW? – BY BATTLING 12-YR-OLD GIRL WITH EPILEPSY IN COURT!

http://www.newsweek.com/jeff-sessions-war-pot-goes-court-attorney-general-will-fight-12-year-old-780749?utm_source=email&utm_medium=morning_brief&utm_campaign=newsletter&utm_content=read_more&spMailingID=2801752&spUserID=MzQ4OTU2OTQxNTES1&spJobID=950839943&spReportId=OTUwODM5OTQzS0

Science Editor Kate Sheridan reports for Newsweek:

“A 12-year-old suing the federal government may have a whiff of adorableness. But for Alexis Bortell, who filed a lawsuit against Attorney General Jeff Sessions last fall, it’s a choice she had to make to save her life. Alexis has epilepsy, and Sessions has made it his mission to make it impossible for her to access the only drug that has kept her seizures at bay: cannabis.

A Scream of Terror

Alexis doesn’t remember her first seizure. But her father, Dean Bortell, does.

“We were literally folding clothes, and Alexis was sleeping on the couch,” Bortell told Newsweek. “All of a sudden, I heard her make this shriek—I mean, it was a scream of terror,” he said. “I look over, and Alexis is stiff as a board, on her back, spasming.”

At first, Bortell suspected his daughter had a brain-eating amoeba on account of headlines about them that summer and took her to the hospital. Within hours, it became clear something else was wrong. Alexis was diagnosed with epilepsy in 2013.

Three years ago, Alexis began taking medical marijuana, and her seizures disappeared. But that treatment option is threatened by an aggressive federal crackdown on medicinal cannabis led by Sessions, who is also the acting director of the Drug Enforcement Administration.

Her day in court—February 14, at a New York City federal courthouse—is fast approaching. Alexis won’t be there in person, but her lawyer, Michael Hiller, thinks the ruling will go their way.

“We are very optimistic that the case is going to come out the way it should, which is that the Controlled Substances Act is going to be found unconstitutional,” Hiller said. Several other plaintiffs—a former professional football player, a veteran and another child—are also included.”

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Read the rest of Sheridan’s article at the above link.

So, when he’s not out picking on African-Americans, Hispanics, Immigrants, or Gays, seizing private property without due process, screwing up the U.S. Immigration Courts, or spreading false narratives about crime, Gonzo gets his jollies by wasting the USG’s time and resources to make the life of a 12-year-old with epilepsy worse. What else does he have up his sleeve? This is what we should expect from our senior public servants?

PWS

01-19-18

 

U.S. IMMIGRATION JUDGE RODGER P. HARRIS REPORTEDLY STANDS TALL FOR DUE PROCESS AS NEW COURT SUIT ALLEGES THAT HIS COLLEAGUES ON THE IMMIGRATION BENCH IN CHARLOTTE, N.C. ARE SCOFFLAWS WHO FAIL TO HOLD LEGALLY REQUIRED BOND HEARINGS!

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2018/01/18/lawsuit-challenges-immigration-judges-who-refuse-to-hold-bond-hearings-palacios-v-sessions.aspx?Redirected=true

From LexisNexis Immigration Community online:

“Lawsuit Challenges Immigration Judges Who Refuse to Hold Bond Hearings: Palacios v. Sessions

AIC, Jan. 17, 2018

“The government cannot lock people up without giving them access to prompt bond hearings and an opportunity to show that they should be released for the months or years that it takes to adjudicate their removal cases. This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have done just that: refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court.  The case was filed as a class action in the U.S. District Court for the Western District of North Carolina by the American Immigration Council, the CAIR Coalition, and Cauley Forsythe Law Group.”

Complaint

Brief in Support of Motion for Class Certification”

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Go on over to LexisNexis Immigration Community at the link for the complete story.
Check out paragraph 6 of the Complaint which contrasts the conduct of Judge Harris, who holds bond hearing in accordance with the law and established procedures, and the alleged conduct of his judicial colleagues in Charlotte.
Not surprising to me! Judge Harris was my colleague for years at the U.S. Immigration Court in Arlington Virginia where he had a reputation for scrupulously following the law and providing full due process to all who came before him. Just like a U.S. Immigration Judge is supposed to do.
On the other hand, prior to Judge Harris’s arrival, the Charlotte Immigration Court had a reputation among the private bar, commentators, and the press as a place where due process was often given short shrift, particularly in asylum cases.
Of course, these are merely allegations at this time. We’ll see what happens as the case progresses in Federal District Court.
While Sessions, McHenry, and the “Falls Church Crew” are screwing around with imaginary “goals and timetables’ — untethered to reality in a system with a 660,000 backlog and no real plan for resolving it — these are the real due process problems that are festering in the U.S. Immigration Courts and denying individuals their legal right to due process on a regular basis. Where’s the concern from “on high” with a court system that’s failing in its mission to provide due process to individuals under our Constitution? Obviously, the problem starts with a “Scofflaw Attorney General” who cares more about expediting removals and a White Nationalist immigration enforcement agenda than he does about the Constitution, Due Process, and the integrity of the U.S. Immigration Court system.
We need an independent Article I U.S. Immigration Court now!
PWS
01-18-18

 

NO SURPRISES HERE – “GONZO” IMMIGRATION ENFORCEMENT IS BAD LAW ENFORCEMENT!

https://slate.com/news-and-politics/2018/01/how-trumps-immigration-policies-are-backfiring.html

Isaac Chotiner reports for Slate

“A week after President Trump declared his preference for immigrants from places like Norway over various “shithole” countries (that just happen to be majority nonwhite), Congress and the White House are negotiating over keeping the government funded, with immigration as a key issue. Most Democrats only want to do avoid a shutdown if the Dreamers are given legal protections that Trump has sought to remove. In return for offering them protections, Trump wants funding for things like a border wall. Meanwhile, the Trump administration has continued its heightened pace of immigration raids and deportations, and recently declared that it would remove protections from Salvadoran immigrants who had settled in the country.

To discuss the state of play on Capitol Hill, and Trump’s approach to immigration more broadly, I spoke by phone with Jonathan Blitzer, a staff writer at the New Yorker who covers immigration issues. (Earlier this month, he wrote about the presence of the MS-13 gang on Long Island.) During the course of our conversation, which has been edited and condensed for clarity, we discussed how much racism has influenced Trump’s immigration policies, whether tough-on-immigration stances can be counterproductive to halting crime, and if Democrats should compromise on a border wall if it means protecting the Dreamers.

. . . .

Essentially in the past, in the last two years of the Obama presidency, DHS created a set of priorities, basically saying to ICE: Look, there’s a huge undocumented immigrant population in the United States. 12 million people. You can’t go after everyone. If you guys are going to be a serious police force and if people aren’t going to live in fear of completely random acts of arrest and deportations, you have to prioritize people with criminal records. You have to prioritize people who could be viewed as constituting a public safety threat. The new administration immediately canceled those priorities, which pretty much means there are actually no guidelines for how ICE now goes about its business.

In one sense, that suits the MO of the administration, which is almost total randomness. There really isn’t a kind of thoroughgoing vision of what immigration enforcement looks like. In fact, if you think thematically, the administration is doing things that in some ways undermine the president’s very public statements about how concerned he is with the growing undocumented population in the U.S.

How so?

Just talking about the Salvadoran population, you’re talking about 200,000 people. Those people aren’t just going to leave after two decades here because the administration has now removed this legal protection for them. You are going to see the undocumented community grow in the United States under the Trump administration.

What’s more, arrests are up, right? So the statistics I’ve seen are that ICE arrests have gone up by something like 40 percent, and a significant number of those are people who did not have criminal records. There’s an enormous backlog in immigration courts, a backlog of over 600,000 cases, which means that you actually can’t process all the people who are being arrested. In fact, if you were thinking about this all rationally, [the arrests] would be counterproductive.

One thing your colleague Sarah Stillman mentions in her piece in last week’s issue of the New Yorker is that immigrants are not reporting crime. The drops in major cities are staggering. In Arlington, Virginia, for example, according to Stillman, “domestic-assault reports in one Hispanic neighborhood dropped more than eighty-five per cent in the first eight months after Trump’s Inauguration, compared with the same period the previous year. Reports of rape and sexual assault fell seventy-five per cent.” You would think that as an administration that talks about being tough on crime that this would be a huge problem, but it isn’t to them.

One hundred percent agreed. It’s counterproductive in almost every sense. You don’t even need to go to the bleeding-heart liberals for confirmation of this. You talk to police, you talk to sheriffs, and a lot of them are actually quite concerned about what this means for public safety and how they do their police work. Victims aren’t coming forward.

In some of the work that I’ve done on Long Island, MS-13 has been basically an obsession with this administration, and in every instance, the way the administration has gone about trying to combat the gang problem has backfired and has resulted in communities being a lot less safe than they otherwise would have been.

What specifically?

What’s happening on Long Island—and I think it’s fair to say this is happening elsewhere where MS-13’s been active—what ICE and local law enforcement have started to do is they’ve been so indiscriminate in who they’re arresting for suspected gang associations that they’re actually arresting a lot of people who are the victims of gang crime. I mean, you look at some of these communities, the victims and the perpetrators live side-by-side in these tiny hamlets. They go to the same schools. They work the same jobs. The idea of arresting anyone who has this kind of peripheral association with the gang is nonsensical.

There’s some racial profiling going on on Long Island, and this is exactly the stuff that you’re describing, the fears that people have. I mean you have victims of crimes who are scared to come forward because when they talk to the police, they know police are talking to ICE and the next thing they know, they’ll either end up in detention or family members will end up in detention.

What would be a more proper approach to MS-13? It seems like a tough issue for Democrats.

The proper approach from a law enforcement and community-building standpoint is to invest more money in after school programs. It sounds like sort of milquetoast policy, but you talk to experts on this, you talk to former gang members and community organizers and all of them, all of them are aligned in stressing the importance of just basically providing some sense of community for kids who live in these immigrant communities who often have come fleeing gang violence in Central America who have essentially nowhere else to turn. They go to schools. They don’t speak the language. There aren’t after school programs. They don’t have counseling. Some of them have undergone intense trauma. They’re easy marks for a gang that recruits people who feel isolated and socially marginalized. Oftentimes what happens is they join up on the U.S. side and not on the Central American side, precisely because they feel exposed here.

But that’s not an easy sell. I think Democrats are in a tough spot on that and I think that’s one of the reasons why the Republicans have really tried to link MS-13 to this kind of nationwide attack on sanctuary cities. It’s all playing on these fears and rhetorically, I think for the most part has been pretty successful for Republicans.

If you put aside for a minute America’s role in helping immiserate El Salvador, going back many years to our support for very bad people during their civil war, what would you tell American citizens about taking in immigrants who might be likely to end up in gangs like this?

I don’t think they are so likely to end up in gangs. I think that’s one of the first things that the administration trades on: playing up the idea that all of these kids who arrive here are somehow threats. A tiny, tiny minority of unaccompanied kids who show up in the U.S. end up joining these gangs. The vast majority, the overwhelming majority of them have no gang affiliation, want nothing to do with the gangs, and if given the opportunity here, thrive.

The argument for why we should be more open to them is the same argument that I would make about U.S. refugee policies generally. It is a mark of American moral and political leadership. It actually affects our policies and our foreign policy weight in these regions. The United States has supported all kinds of horrifying political regimes in Central America, but even leaving that political history aside, the gang problem in Central America is the direct outgrowth of U.S. deportation policy. It’s a literal shift. It’s not even a manner of speaking.

Mass deportation creates instability. It’s just going to continue to create a refugee crisis. I mean this crisis is just the continuation of a decades-long trend. We sometimes look the other way, which sometimes is contributing directly to the violence in these regions and then people basically having no other move than to try to move north.

. . . .”

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

Read the complete interview at the link.

As I have been saying, Trump, Sessions, Miller, Homan, & Co. have little or no interest in effective law enforcement. Anything but!

Indeed, as this article points out, and as I have said in the past, truly effective, legitimate law enforcement would involve securing the trust of the Hispanic communities and separating real law enforcement targets — serious criminals and terrorists — from the vast, vast bulk of the undocumented population who are residing peacefully and productively in the U.S. In addition to exercising “PD” for the latter, effective law enforcement would involve putting forth a “no strings attached” proposal to give these folks legal status and work authorization in the U.S., preferably with, but even without, a “path to citizenship.”

No, with the Trumpsters, it’s all about White Nationalism, racism, and the quest to create a false link between Hispanics, crime, and loss of American jobs (conveniently forgetting that we’re now basically at “full employment” in the U.S. and that without undocumented workers our economy would likely be contracting rather than continuing to expand). As a result, ICE is becoming a “bad joke” in the legitimate law enforcement community and an anathema to people almost everywhere. In a democracy (which Trump, Sessions, et al don’t really want) law enforcement can’t operate effectively without a certain amount of mutual trust and respect from the community.

PWS

01-18-18

MORE NONSENSE FROM EOIR: NEW “PRIORITIES & TIMETABLES” WON’T HELP RESOLVE 660,00 CASE BACKLOG, BUT WILL MINDLESSLY INCREASE STRESS, CAUSE MORE “ADR,” & IMPEDE DUE PROCESS!

http://www.foxnews.com/politics/2018/01/17/doj-issues-new-immigration-court-policies-addressing-obama-era-caseload-backup.html

Brooke Singman reports for Fox News:

“The Justice Department issued new measures on Wednesday that will prioritize certain immigration cases in an effort to streamline a system that nearly tripled the caseload of judges during the Obama administration.

A memo listing guidelines for all new cases filed and an order that all immigration court cases that are reopened must establish case priorities was sent by John [sic] McHenry, the director of the Justice Department’s Executive Office for Immigration Review, to the Office of Chief Immigration Judge, all immigration judges, all court administrators and all immigration court staff.

“In 2010, immigration court benchmarks for non-detained cases were abruptly abandoned, and since that time — perhaps non-coincidentally — the caseload has tripled,” Justice Department spokesman Devin O’Malley said in a statement to Fox News, noting that the reintroduction of court-based goals and benchmarks would “assist in properly managing cases, increase productivity, and reduce the pending caseload.”

“Some policies implemented in the immigration court system in recent years have contributed to a three-fold increase of the courts’ pending caseload,” O’Malley said to Fox News, noting that certain “prioritization practices” made the caseload “worse” by continuing cases that could be resolved more quickly in favor of cases that often took longer to complete.

It was “the immigration court equivalent of fiddling while Rome burned,” O’Malley said.

“Some policies implemented in the immigration court system in recent years have contributed to a three-fold increase of the courts’ pending caseload.”

– Devin O’Malley, DOJ spokesman

McHenry’s memo is part of a larger push led by Attorney General Jeff Sessions, who issued a broader memo late last year outlining principles to ensure that the “adjudication of immigration court cases serves the national interest,” and gave McHenry the “authority” to set time frames for the resolution of cases, and to evaluate the performance of immigration judges and “take corrective action where needed.”

Currently, less than 10 percent of immigration cases pending meet the definition of “priority,” according to McHenry, leading him to address “confusion” and “clarify” the department’s priorities. That statistic, however, conveys a “potentially mistaken impression” of the importance of completing the other 600,000-plus pending cases that do not bear a “priority” designation, according to McHenry.

“All cases involving individuals in detention or custody, regardless of the custodian, are priorities for completion,” McHenry wrote, but noted that “the designation of a case as a priority is not intended to mandate a specific outcome in any particular case.”

Other measures McHenry ordered were new benchmarks for courts, and for immigration judges.

The new measures require that 85 percent of all non-status detained removal cases be completed within 60 days of filing; 85 percent of all non-status non-detained removal cases be completed within 1 year of filing; and 85 percent of all motions adjudicated within 14 days of the request.

McHenry also required 90 percent of custody redeterminations to be completed within 14 days of the request, and 95 percent of all hearings to be completed on their initial scheduled hearing date.

Another new rule requires 100 percent of “all credible fear reviews” to be completed within seven days.

Fox News’ Jake Gibson contributed to this report.”

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

Thanks to Dan Kowalski over at LexisNexis for sending this item my way.

Inane memos like this, issued without consultation and meaningful input from either the U.S. Immigration Judges who actually decide the cases or the attorneys who litigate in immigration Court, are basically “DOA.” Significantly, both the BIA and the Federal Courts have made it clear that compliance with bureaucratic “timeframes” can’t overrule the legal requirements of Due Process in an individual case. Even assuming that Sessions can “co-opt” the BIA, the Federal Courts will be sending back cases in which it appears that the Immigration Judge has elevated the desire to meet timeframes over the requirements of fundamental fairness and Due Process.

But, quite contrary to Acting Director James (not “John” as the article states) McHenry’s bogus claim that the memo does not suggest any particular outcome, the memo clearly suggests that U.S. Immigration Judges should cut corners and deny Due Process to meet these artificial guidelines or risk having their performance judged “deficient.” For example, most detained cases with asylum applications that go to an “Individual Merits” hearing are going to take more than 60 days for the Respondent to locate a pro bono attorney and for that attorney to complete the application and prepare for what often can be a very complex and hotly contested hearing.  It’s an open invitation, if not an actual directive, to engage in sloppy, unprofessional judging.

Moreover, the tone of the memo insultingly suggests that the problem is that  in the absence of this type of sophomoric “guidance from above” U.S. Immigration Judges haven’t been working very hard or effectively to complete cases. Therefore, “cracking the administrative whip” — by folks that by and large are not and never have actually been sitting U.S. immigration Judges — will somehow motivate them to “pedal faster.” What a crock! Almost any executive or manager worth his or her salt knows that this type of “scare tactic” applied to a senior professional workforce accomplishes nothing besides ratcheting up already astronomically high stress levels and unnecessarily diminishing already low morale.

This memorandum is, however, yet another key exhibit on how and why the current U.S. Immigration Court is being incompetently administered by the DOJ and their “gofors” over at EOIR Headquarters in Falls Church. With the likes of Jeff “Gonzo Apocalypto” Sessions in charge of the U.S. Immigration Courts, things are only going to get worse. American needs an independent Article I U.S. Immigration Court now! 

PWS

01-18-18

 

 

 

THE HILL: NOLAN UNIMPRESSED BY “GANG OF SIX’S” DREAMER COMPROMISE EFFORT!

http://thehill.com/opinion/immigration/369403-gang-of-six-daca-bill-is-an-exploitative-political-statement

 

Family Pictures

Nolan writes:

“. . . .

Yet no matter how Flake describes the proposal, it is not a good faith attempt to find common ground with either the majority of congressional Republicans or the president.

Five of the six senators in the Gang of Six were also in 2013’s the Gang of Eight, which showed the same disregard for majority Republican positions when they moved the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, S. 744, through the Senate.

S. 744 was bipartisan too, but it was opposed by 70 percent of the Senate Republicans. Among other things, it would have established a large legalization program without assurance that the aliens being legalized would not be replaced in 10 years by a new group of undocumented aliens.

This has been the sine qua non for Republican cooperation with a legalization program since the failed implementation of the enforcement provisions in the Immigration Reform and Control Act of 1986, (IRCA), which legalized 2.7 million aliens.

One of IRCA’s major objectives was to wipe the slate clean and start over with an effective enforcement program. But IRCA’s enforcement measures were not implemented, and by October 1996, the undocumented alien population had almost doubled.

. . . .

Trump wants a physical wall. Virtual walls rely primarily on surveillance technology, which just notifies the border patrol when aliens are making an illegal crossing. They will be in the United States before they can be apprehended, and Trump’s enforcement program suffers already from an immigration court backlog crisis.

A physical wall makes illegal crossings more difficult. While some grown men can climb over a large wall, children can’t, and the dangers involved in climbing over such a wall should deter parents from bringing their children here illegally.

If the Democrats really want to help the DACA participants, they will let Trump have his wall.”

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

I probably see it more the way the Washington Post did in yesterday’s lead editorial. https://www.washingtonpost.com/opinions/ignore-the-president-vote-on-the-daca-deal/2018/01/16/55f38288-fb03-11e7-8f66-2df0b94bb98a_story.html

There apparently are enough Democratic and GOP votes to pass the “Gang of Six” compromise. Why be held hostage by GOP legislators who, while perhaps they are a majority of the GOP, are a minority of the total legislature and actually represent a minority position among Americans? Some days Trump says he’ll sign anything Congress passes; other days he doesn’t. So, give him the bill and see what happens. Seems unlikely that he will veto his own budget.

On the other hand, at this point, I’d be willing to give Trump his Wall (but not an end to “chain migration” or permanent cuts in permanent immigration) if that’s what it takes to save the Dreamers. Unlike Nolan, however, my experience tells me that “The Wall” will ultimately be an expensive failure. Whatever the technical difficulties with past “Virtual Walls” might have been, I have to believe that technology, which tends to improve over time, not physical barriers are the wave of the future.

And the real solution to individuals coming here without documents is a more robust and realistic legal immigration program that meets market demands for additional labor and also satisfies our humanitarian obligations. 

Most of the current adult so-called “undocumented” residents of the U.S. are gainfully employed in ways that actually help and support the U.S. They are a huge net “plus.” So, why would we want to go to great lengths in a futile attempt to keep folks like them from coming in to help us in the future? Doesn’t make any sense! That’s why we’re in the current situation — unrealistic laws.

The real solution is more legal immigration which would insure that those coming get properly screened and don’t have to use the services of smugglers. Then, immigration enforcement could concentrate on those seeking to come outside the system.

Leaving aside refugees, why would folks come if the job market actually gets to the point where it is saturated and can no longer expand? For the most part, they wouldn’t. But, of course, that wouldn’t satisfy the GOP White Nationalist restrictionists who are operating from a racial rather than a realistic perspective.

PWS

01-18-18

 

MORE DEADLY MISTAKES: 6TH CIR. FINDS BIA’S ERROR-RIDDLED DECISION WRONGLY SENT WOMAN BACK TO FACE CARTEL THREATS IN MEXICO – TRUJILLO DIAZ V. SESSIONS!

18a0012p-06-6thGangs

Trujillo Diaz v. Sessions, 6th Cir., 01-17-18, published

PANEL: MERRITT, MOORE, and BUSH, Circuit Judges.

OPINION  BY: Judge Bush.

SUMMARY (FROM OPINION):

“In this immigration case, Maribel Trujillo Diaz petitions for review of an order denying her motion to reopen removal proceedings. The United States Board of Immigration Appeals (“BIA”) ruled that Trujillo Diaz failed to establish a prima facie case of eligibility for asylum or withholding of removal under the Immigration and Nationality Act (“INA” or “Act”) because she failed to show that she would be singled out individually for persecution based on her family membership. The BIA reiterated this finding in ruling that Trujillo Diaz failed to establish a prima facie case of eligibility for protection under the Convention Against Torture. Because the BIA failed to credit the facts stated in Trujillo Diaz’s declarations, and this error undermined its conclusion as to the sufficiency of Trujillo Diaz’s prima facie evidence, we hold that the BIA abused its discretion. We further hold that the BIA abused its discretion in summarily rejecting Trujillo Diaz’s argument that she could not safely relocate internally in Mexico for purposes of showing a prima facie case of eligibility for relief under the Convention Against Torture. Thus, we vacate the order of the BIA and remand for further proceedings consistent with this opinion.”

KEY QUOTATION:

“The BIA’s abuse of discretion in failing to credit Trujillo Diaz’s father’s affidavit undermined its conclusion that Trujillo Diaz had not made a prima facie showing of eligibility for asylum and withholding of removal under the INA. This conclusion also affected the BIA’s analysis of whether Trujillo Diaz made a prima facie showing of eligibility for protection under the Convention Against Torture. Further, the BIA abused its discretion in summarily rejecting Trujillo Diaz’s argument that she could not safely relocate internally in Mexico for purposes of showing prima facie eligibility under the Convention Against Torture. Accordingly, we GRANT the petition and REMAND to the BIA for reconsideration consistent with this opinion.”

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Following the denial of her original claim for asylum, Trujillo Diaz was allowed by the Obama Administration as an exercise of prosecutorial discretion to remain in the United States with work authorization and faithfully checked in with the DHS. However, the Trump Administration arbitrarily targeted her for removal. Although many in the community, including the Catholic Church, protested, the Administration nevertheless removed Trujillo Diaz to Mexico while this motion was pending.

Our tax dollars are being squandered for this type of useless, immoral, and in this case ultimately wrongful removal. At no time has Jeff “Gonzo Apocalypto” Sessions shown any concern whatsoever for the significant  number of mistaken asylum denials and improper deportations taking place as a result of poor quality decision-making taking place in the over-stressed and overwhelmed U.S. Immigration Courts operating under his administration. Nor has he shown any appreciation for the obvious fact that rather than more speed in deporting individuals, this court system is badly in need of better representation for asylum seekers, more careful decision-making that complies with the law, and measures to insure Due Process as required by the U.S. Constitution. 

Sessions’s anti-due-process administration of the U.S. Immigration Courts is a national disgrace! We need an independent United States Immigration Court dedicated to insuring Due Process and protecting vulnerable individuals from wrongful removals like this! Now! 

PWS

01-18-18

 

SPORTS/GOSSIP/THE PACK: It’s Official: AR & Danica Patrick Are “An Item!”

Forget “S___gate,” the Budget, North Korea, and all that other stuff. Even forget the Pack’s post-season reorganization of their coaching staff and front office following a disappointing 7-9 season, The front page news from Green Bay is that the Superstar QB Aaron (“AR”) Rodgers is dating recently retired race driver Danica Patrick.

Here’s what the Green Bay Press Gazette had to say about it in an article that forced most other news to the second page!

http://www.greenbaypressgazette.com/story/sports/nfl/packers/fans/2018/01/15/its-official-aaron-rodgers-and-danica-patrick-dating/1034255001/

“Buckle up, Packers fans: Aaron Rodgers and Danica Patrick’s relationship just hit the fast lane.

“Yes, Aaron and I are dating,” the race car driver confirmed Monday to the Associated Press.

Speculation that Rodgers, 34, had moved on from actress Olivia Munn with Patrick, 35, surfaced earlier this month when sports gossip blogger Terez Owens reported the two had been spotted at Chives Restaurant in Suamico after Christmas and “couldn’t seem to keep their hands off each other.”

Neither Rodgers nor Patrick had commented publicly about the report, but it didn’t stop Maxim from quickly declaring them “the sports world’s newest super couple.”

RELATED:  Danica Patrick, Aaron Rodgers spotted on dinner date

RELATED:  Mom, son have ‘amazing’ Aaron Rodgers encounter in Chicago

Patrick told the AP the two first met at the 2012 ESPY Awards. There is, however, a wrinkle: Patrick, who was born in Beloit and grew up in Illinois, is a Chicago Bears fan.

“I told him (Rodgers) a long time ago I’d always root for him as a player,” Patrick told the AP. “Now I am probably going to cheer for the whole team. Take out the word ‘probably.’ Now I’m going to cheer for the whole team.”

Rodgers split from actress Olivia Munn in 2017 after three years together. In December, a spokesperson for Patrick announced she and fellow NASCAR driver Ricky Stenhouse Jr. were no longer a couple after nearly five years.

TMZ posted a photo over the weekend of Rodgers and Patrick dining with other guests on Saturday night at a Mexican restaurant in Scottsdale, Arizona. Patrick lives in Arizona.

In November, Patrick announced her retirement from full-time racing and said she plans to make the Daytona 500 and Indianapolis 500 her final two races.

She has recently been promoting her fitness book, “Pretty Intense: The 90-Day Mind, Body and Food Plan That Will Absolutely Change Your Life,” which came out Dec. 26.”

******************************************
Wow! Dinner in Suamico! Can’t get much more romantic than that! We were actually in Green Bay right after Christmas. But, we mostly ate (vegan) Mexican and carry out! Actually, a fantastic and very authentic Mexican restaurant is right in Wick’s neighborhood. I was impressed with how well they had meshed the Mexican and Packer themes. A bunch of big screen TVs tuned to football and low-priced generous Margaritas didn’t hurt either. I highly recommend El Serape (two locations) the next time your travels take you to Packer city.
No speculation yet on how this will affect AR’s play next season. I suspect that the performance of new Defensive Coordinator Mike Pettine and how the Pack does in the draft and in free agent signings will have more to do with AR’s stats and the Packer’s success next fall than Danica!
And, yeah, even though as a lifelong Packer fan I don’t normally have much of a warm spot for the Minnesota Vikings, I was very happy for them and their fans after the “miracle catch” by Stefon Diggs for the winning TD. Good luck to them in the NFC Championship game v. the Philadelphia Eagles on Sunday! Congrats to Arlington ICE Deputy Chief Counsel David Kelly, a native Minnesotan and die-hard Vikes fan! I just wish my daughter-in-law Anastasia’s mother Susan Rathman had lived long enough to see her beloved Vikes a game away from the Super Bowl!
PWS
01-17-18

DANA MILBANK @ WASHPOST: KIRSTJEN NIELSEN IS A BUREAUCRATIC SUPER SYCOPHANT! – Duh! Why Do You Think She Got The Job?

https://www.washingtonpost.com/opinions/this-way-madness-lies/2018/01/16/0b627fe2-fb0a-11e7-a46b-a3614530bd87_story.html

Milbank writes:

“This way madness lies.

I knew that Homeland Security Secretary Kirstjen Nielsen, when she appeared before the Senate Judiciary Committee on Tuesday, would deny that Trump said what the whole world knows he said: that he wants immigrants from Norway rather than from “shithole” countries in Africa.

What I was not expecting was that Nielsen would raise a question about whether Norwegians are mostly white.

Sen. Patrick J. Leahy (D-Vt.) displayed a poster from the dais proclaiming, in big letters, “Trump: Why allow immigrants from ‘Shithole Countries’?” An aide held the poster aloft right behind Sen. Richard J. Durbin (D-Ill.), who, along with Sen. Lindsey O. Graham (R-S.C.), was at the infamous meeting with Trump and told others about his racist language.

Nielsen, who was also in that meeting, was now under oath, and she wiggled every which way to excuse Trump without perjuring herself: “I did not hear that word used. . . . I don’t dispute that the president was using tough language.”

Leahy moved on to Trump’s wish for more Norwegian immigrants. “Norway is a predominantly white country, isn’t it?” he asked, rhetorically.

“I actually do not know that, sir,” Nielsen replied. “But I imagine that is the case.”

Kirstjen Nielsen doesn’t know Norwegians are white?

Just as Nielsen “imagines” Norwegians are white, I imagine that she, in her denial of the obvious and defense of the indefensible, is the latest Trump sycophant to trash her reputation. She joins the two Republican senators, David Perdue (Ga.) and Tom Cotton (Ark.), who were in the room for the “shithole” moment but not only denied that it was said (Trump’s use of the vulgar word was widely confirmed, even by Fox News, and not denied by the White House until Trump tweeted a partial denial the next day) but also disparaged the integrity of Durbin for being truthful.

It’s clear they, like Nielsen, do this so they don’t get crosswise with the volatile president — but in the process shred their own integrity.

Now the federal government is hurtling toward a shutdown, entirely because of the president’s whim. Democrats and Republicans presented him last week with exactly the bipartisan deal he said he would sign — protecting the immigrant “dreamers” while also providing funding for his border security “wall” — but Trump unexpectedly exploded with his racist attack and vulgar word.”

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Read the rest of Milbank’s op-ed at the above link.

Obviously, Neilsen got the job of DHS Secretary because she was perceived by the Trumpsters to be a lightweight sycophant who wouldn’t “rock the boat.” After all, a truly independent individual at the head of DHS might stand up to the wasteful and immoral “Gonzo” enforcement program being pursued by Trump, Miller, Sessions, Kelly, Homan, and the rest of the Administration’s “White Nationalist Cabal.”

How dumb and complicit is Nielsen? Well, she’s been “reassuring” the “Dreamer community” that even if the budget deal falls through they won’t be an “enforcement priority!” She ignores, of course, the fact that without DACA or legislation, the Dreamers will lose their hard-earned legal work authorizations and, in many cases, their ability to pursue higher education.

In plain terms, they will be “forced underground” where they will be subject to employer abuse, won’t be able to pay taxes, won’t be able to realize their full potential, and, naturally, will be unable to report or act as witnesses to crimes because of fear of removal. Plus, Jeff “Gonzo Apocalypto” Sessions and Tom Homan have assured Dreamers that if they happen to get caught up in any of ICE’s “dragnet” operations, their “nonpriority” status won’t save them from deportation. Also, once “underground” and no longer required to apply to the DHS for renewals, those few “Dreamers” who do go “off the tracks” will not have their records periodically reviewed by the Government. We won’t even have a real idea of how many actually are in the U.S. any more. So, how is this sane government?

The Obama Administration correctly determined that removal of the Dreamers was not an enforcement priority and not in the national interest. In other words, they that they should receive “prosecutorial discretion,” or “PD” pending an appropriate legislative resolution which was not immediately available.

Rather than leaving it to a myriad of local enforcement officials to arbitrarily exercise PD, the Obama Administration established a program where Dreamers were carefully reviewed by professional DHS adjudicators who consistently applied written, transparent criteria. If qualified, Dreamers were given legal authorization to work and documentation that, for the most part, allowed them to pursue higher education, get drivers licenses, etc. What a reasonable and rational way to exercise “prosecutorial discretion” or “PD.” Indeed, a model program.

A real DHS secretary might have stood up to bullies Trump, Kelly, Miller, and Sessions by arguing that the DACA program should be reinstated. The opportunity certainly presented itself. The Administration could simply drop its opposition to the order of the U.S. District Judge Alsup blocking the rescission of DACA. That also would offer the Administration “legal cover” if any of the restrictionist GOP state AGs challenge DACA. They would have to deal with a highly skeptical Judge Alsup.

A real DHS Secretary might also not have had “bogus amnesia” and have reported accurately under oath what the President really said. A real DHS Secretary might also have “Just Said No” to the cruel and irrational termination of Salvadoran TPS. Yeah, the President could fire her for either of those things. But, no Cabinet Secretary job is forever anyway. If you’re going to go down, having it be for courageously telling truth to power, when power is being abused, isn’t the worst way to go out.

Instead, Neilsen will go down as just another bureaucratic sycophant who “went along to get along” no matter what the cost to her country and to her own integrity.

PWS

01-17-18

 

GONZO’S WORLD: HIS HIGHLY DISINGENUOUS “TRIBUTE” TO DR. KING WHILE ACTIVELY UNDERMINING MLK’S VISION OF RACIAL EQUALITY IN AMERICA OUTRAGES CIVIL RIGHTS ADVOCATES! — Hollow Words From An Empty Man!

https://www.washingtonpost.com/world/national-security/sessions-in-remarks-criticized-as-beyond-ironic-praises-martin-luther-king-jr/2018/01/16/cb3a8bd8-fae3-11e7-a46b-a3614530bd87_story.html

 

Sari Horwitz reports for the Washington Post:

“All he had were his words and the power of truth,” Sessions said. “ . . . His message, his life and his death changed hearts and minds. Those changed souls then changed the laws of this land.”

But civil rights leaders criticized Sessions’s remarks, made at a time, they said, when the Justice Department is rolling back efforts to promote civil and voting rights.

Attorney General Jeff Sessions called Tuesday for Justice Department employees to “remember, celebrate and act” in commemoration of Martin Luther King Jr. (Mandel Ngan/AFP/Getty Images)

“It is beyond ironic for Jeff Sessions to celebrate the architecture of civil rights protections inspired by Dr. King and other leaders as he works to tear down these very protections,” said Vanita Gupta, the head of the Justice Department’s civil rights division under President Barack Obama and now president of the Leadership Conference on Civil and Human Rights.

“Make no mistake,” Gupta said. “If Dr. King were alive today, he would be protesting outside of Jeff Sessions’s office.”

Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, said that in the past year, the Justice Department under Sessions has taken action to “obstruct and reverse civil rights enforcement.”

She and others point to a new policy that calls for federal prosecutors to pursue the most serious charges even if that might mean minority defendants face stiff, mandatory-minimum penalties. Sessions has defended President Trump’s travel ban and threatened to take away funding from cities with policies he considers too lenient toward undocumented immigrants. The department’s new guidance and stances on voting rights and LGBT issues also might disenfranchise minorities and poor people, civil rights advocates say.

Justice officials say that Sessions’s actions reflect an aggressive, by-the-book interpretation of federal law and that his policies are geared toward fighting violent crime and drug trafficking.”

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Read the complete article at the above link.

Absurd and insulting! Actions speak louder than words, Gonzo! Every day that you spend in office mocks our Constitution, the rule of law, human decency, and the legacy of MLK and others who fought for racial and social equality and social justice under the law.

I have no doubt that if Dr. King were alive today, he and his followers would be on your and Trump’s  “hit list.” Indeed, peacefully but forcefully standing up to and shaming tone-deaf, White Nationalist, racially challenged politicos like you, who lived in the past and inhibited America’s future with their racism, was one of the defining marks of MLK’s life!

How do things like increasing civil immigration detention, building the “New American Gulag,” stripping unaccompanied children of their rights to an Immigration Court hearing, mindlessly attacking so-called “sanctuary cities,” mocking hard-working pro bono immigration attorneys and their efforts, reducing the number of refugees, excluding Muslims, building a wall, stripping protections from Dreamers, reducing legal immigration, favoring White immigrants, and spreading false narratives about Latino migrants and crime “honor” the legacy of Dr. King?

Indeed, the “Sanctuary Cities Movement” appears to have a direct historical connection to King’s non-violent civil disobedience aimed at the enforcement of “Jim Crow” laws. Much as today, those on the “wrong side of history” wrapped themselves in hypocritical bogus “rule of law” arguments as they mocked and violated the civil rights of African Americans. 

At some point, America needs and deserves a real Attorney General, one who recognizes and fights for the rights of everyone in America, including minorities, the poor, the most vulnerable, and the so-called undocumented population, who, contrary to your actions and rhetoric, are entitled to full Due Process of law under our Constitution. Imagine how a real Attorney General, one like say Vanita Gupta, might act. Now that would truly honor Dr. King’s memory.

PWS

01-17-18

 

TRUMP GOP INTENTIONALLY TORTURES DREAMERS – MESSING WITH AMERICA’S FUTURE FOR NO GOOD REASON!

http://nymag.com/daily/intelligencer/2018/01/why-the-trump-administrations-daca-policy-is-indefensible.html

Eric Levitz writes for NY Maggie:

“There are a lot more undocumented immigrants in the United States than our government can possibly deport (without increasing the size and scope of immigration enforcement beyond even the Trump administration’s wildest dreams). At present, U.S. immigration courts are so severely backlogged, deportations actually went down during Trump’s first year in office, even as the number of immigration arrests dramatically increased.

This context requires the White House to set priorities for enforcing immigration law. Until Congress increases the relevant resources, the Executive branch cannot significantly increase deportations with its policy changes — it can only change the composition of the deportee population. The Obama administration decided that it made little sense to use the government’s limited resources on expelling Dreamers (law-abiding, gainfully-employed undocumented immigrants who were brought to the U.S. as children). And on Tuesday, Trump’s Department of Homeland Security reached the same conclusion.

“It’s not going to be a priority of the Immigration and Customs Enforcement to prioritize their removal. I’ve said that before. That’s not the policy of DHS,” DHS head Kirstjen Nielsen told CBS This Morning. “If you are a DACA that’s compliant with your registration, meaning you haven’t committed a crime, you, in fact, are registered, you’re not priority of enforcement for ICE should the program end.”

This statement is not surprising. It would be bizarre if Homeland Security did prioritize deporting a category of immigrants that is, by definition, compliant with all (non-immigration) laws, and making productive contributions to society. And the significance of Nielson’s remarks are unclear. There is a big difference between deprioritizing Dreamers, and instructing immigration enforcement agents to leave them alone. Many Dreamers shared their personal information and immigration status with the government when applying for protection from deportation under the Obama administration. If ICE isn’t explicitly prohibited from using that data to make quick-and-easy arrests of undocumented individuals, some agents could take that initiative.

Regardless, Nielsen’s statement betrays the fundamental incoherence of the Trump administration’s policy on Dreamers. Like its predecessor, the Trump White House (officially) believes that Dreamers should not be prioritized for deportation; unlike the Obama administration, it does not believe that the Executive branch should make it easier for Dreamers to contribute to the legitimate economy while they’re here.

Trump has never actually made a policy argument for this position. When the administration ended Obama’s Deferred Action for Childhood Arrivals (DACA) program — which had provided Dreamers with formal protection from deportation and renewable work permits — it claimed to do so on legal grounds: Whatever the merits of the policy, it was simply unconstitutional for the Executive branch to implement such a program without congressional approval.

The problem with that argument, as a federal judge recently noticed, is that “deferred action has been blessed by both the the Supreme Court and Congress as a means to exercise enforcement discretion” and embraced by presidents of both parties for decades. Further, the specific features of DACA, such as work permits, are explicitly allowedunder current law. (Notably, in other contexts, the Trump administration has shown little reluctance to assert the Executive branch’s immense discretion over immigration policy.)

The Trump administration says it does not want to deport Dreamers. A large body of law — and now, a federal court ruling — says that it has the power to unilaterally give Dreamers formal protection from deportation. And yet, Trump refuses to exercise that authority. Thus, his ostensible position is that Dreamers should be allowed to stay in the U.S. — but should be kept in a perpetual state of anxiety, and prevented from securing legal employment — until Congress agrees to pass a long-list of controversial reforms to the immigration system.

In this light, Trump’s DACA policy is not (as Jeff Sessions once suggested) an act of deference to the limits of executive authority. Rather, it is a gross abuse of that discretion: The administration revoked the legal status of 700,000 people, not because it thinks this is defensible as a policy, but solely as a means of coercing Congress into passing legislation that it otherwise would not.”

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The Trumpsters are holding the Dreamers “hostage” for a White Nationalist, restrictionist, racist immigration agenda that would be bad for American in every imaginable way.

Levitz also “gets” two things that others sometimes miss: 1) that Trump is actually “over a barrel” because he can’t really remove the Dreamers — just drive them underground and make their lives miserable and less productive (and deprive us of tax revenues) by taking away their work authorization; and 2) the legal underpinnings for DACA are much stronger than Jeff “Gonzo Apocalypto” Sessions would ever admit.

The GOP White Nationalists have created a fake “immigration crisis” that any other Administration with an ounce of human decency, good lawyering, and common sense could and would have avoided. And, all of this is a colossal waste of taxpayer money! “Throw the bums out” at the ballot box!

PWS

01-17-18

PAUL KRUGMAN IN THE NY TIMES: The “New Know Nothings” Are Killing That Which Made American Great! — Insisting “that the facts have a well-known liberal bias!”

https://www.nytimes.com/2018/01/15/opinion/trump-american-values.html

Krugman writes:

“These days calling someone a “know-nothing” could mean one of two things.

If you’re a student of history, you might be comparing that person to a member of the Know Nothing party of the 1850s, a bigoted, xenophobic, anti-immigrant group that at its peak included more than a hundred members of Congress and eight governors. More likely, however, you’re suggesting that said person is willfully ignorant, someone who rejects facts that might conflict with his or her prejudices.

The sad thing is that America is currently ruled by people who fit both definitions. And the know-nothings in power are doing all they can to undermine the very foundations of American greatness.

The parallels between anti-immigrant agitation in the mid-19th century and Trumpism are obvious. Only the identities of the maligned nationalities have changed.

After all, Ireland and Germany, the main sources of that era’s immigration wave, were the shithole countries of the day. Half of Ireland’s population emigrated in the face of famine, while Germans were fleeing both economic and political turmoil. Immigrants from both countries, but the Irish in particular, were portrayed as drunken criminals if not subhuman. They were also seen as subversives: Catholics whose first loyalty was to the pope. A few decades later, the next great immigration wave — of Italians, Jews and many other peoples — inspired similar prejudice.

Photo

Portrait of a young man, circa 1864, representing the nativist ideal of the Know Nothing party.CreditLibrary of Congress

And here we are again. Anti-Irish prejudice, anti-German prejudice, anti-Italian prejudice are mostly things of the past (although anti-Semitism springs eternal), but there are always new groups to hate.

But today’s Republicans — for this isn’t just about Donald Trump, it’s about a whole party — aren’t just Know-Nothings, they’re also know-nothings. The range of issues on which conservatives insist that the facts have a well-known liberal bias just keeps widening.

One result of this embrace of ignorance is a remarkable estrangementbetween modern conservatives and highly educated Americans, especially but not only college faculty. The right insists that the scarcity of self-identified conservatives in the academy is evidence of discrimination against their views, of political correctness run wild.

. . . .

Clearly, we need policies to spread the benefits of growth and innovation more widely. But one way to think of Trumpism is as an attempt to narrow regional disparities, not by bringing the lagging regions up, but by cutting the growing regions down. For that’s what attacks on education and immigration, key drivers of the new economy’s success stories, would do.

So will our modern know-nothings prevail? I have no idea. What’s clear, however, is that if they do, they won’t make America great again — they’ll kill the very things that made it great.”

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Read Krugman’s full op-ed at the link.

The anti-intellectual, anti-science, anti-arts, anti-progress tilt of the modern GOP is almost as disturbing as their White Nationalism, racism, and xenophobia. It all means trouble for our country.

PWS

01-17-18

ADMINISTRATION BIDS TO “JACK” U.S. COURT SYSTEM BY BYPASSING 9TH CIRCUIT AND GOING DIRECTLY TO SUPREMES FOR “RELIEF” FROM DACA REINSTATEMENT ORDER!

https://www.washingtonpost.com/local/immigration/trump-administration-appeals-judges-order-that-daca-must-remain-for-now/2018/01/16/41a8c960-f6e8-11e7-beb6-c8d48830c54d_story.html?hpid=hp_rhp-top-table-main_daca-appeal-315pm%3Ahomepage%2Fstory&utm_term=.9e1d11e8d91c

Maria Sacchetti reports for the Washington Post:

“The Justice Department on Tuesday said it would take the “rare step” of asking the Supreme Court to overturn a judge’s ruling and clear the way for the Trump administration to dismantle a program that provides work permits to undocumented immigrants who have lived in the United States since childhood.

The Trump administration said it has appealed the judge’s injunction — which said the Obama-era program must continue while a legal challenge to ending it is pending — to the U.S. Court of Appeals for the Ninth Circuit.

But the Justice Department will also petition the Supreme Court later this week to intervene in the case, an unusual action that would allow the government to bypass the 9th Circuit altogether in its bid to phase out the Deferred Action for Childhood Arrivals program in March.

“It defies both law and common sense” that a “single district court in San Francisco” had halted the administration’s plans, Attorney General Jeff Sessions said in a statement. “We are now taking the rare step of requesting direct review on the merits of this injunction by the Supreme Court so that this issue may be resolved quickly and fairly for all the parties involved.”

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Read the complete article at the link.

The Supremes seem to have “enabled” the Trump Administration by giving them a highly questionable “early victory” in dissolving the lower court injunction in the “Travel Ban 3.0 Case” without making the Administration go through the normal appellate process. Obviously, Trump & Sessions have taken that as an open invitation to short-circuit the justice system by appealing to the Supremes at will.

Hard to see what the real rush is here, given that the Dreamers have been here for years, aren’t going anywhere, and the Administration won’t even begin the real phase-out of the program until March.

PWS

01-16-18

DEPORTING THE INNOCENT – DESTROYING AMERICAN FAMILIES & COMMUNITIES – A TRUMP/SESSIONS/DHS SPECIALTY!

https://www.huffingtonpost.com/entry/deport-man-30-years_us_5a5dc32fe4b04f3c55a56e47

Willa Frej reports for the Huffington Post:

“Jorge Garcia, 39, bid his family farewell Monday under the watchful gaze of Immigration and Customs Enforcement agents, who required him to return to his native Mexico after living in the Detroit area for 30 years.

Emotional video of Garcia hugging his wife and two children at Detroit’s Metro Airport captured the emotional trauma that deportations can cause for families. Though members of Garcia’s family all are U.S. citizens, he was technically living in the country illegally.

NIRAJ WARIKOO/DETROIT FREE PRESS/USA TODAY SPORTS IMAGES
Jorge Garcia, 39, of Lincoln Park, Michigcan, hugs his wife, Cindy Garcia, and their two children Jan. 15, 2018, at Detroit Metro Airport moments before being forced to board a flight to Mexico to be deported.

“Yes, he was brought here at 10 years old and yes, he entered the country illegally, but he has no criminal record and his case needs to be looked at individually because he deserves to be here in a country that he’s known ― not Mexico,” his wife, Cindy Garcia, told CNN.

During President Barack Obama’s administration, Garcia received temporary extensions allowing him to avert a deportation order from 2009, according to the Detroit Free Press. ICE renewed the order in November and told Garcia he needed to exit the country by Jan. 15.

President Donald Trump’s crackdown on undocumented immigrants includes widescale raids, arrests and deportations. From the time Trump took office until the end of September, ICE removals that resulted from an arrests increased by 37 percent over the previous year, the Department of Homeland Security said. Meanwhile, the number of people apprehended attempting to cross the U.S. southern border dropped to a historical low in fiscal 2017.

Garcia expressed sadness and apprehension about returning to a country he barely remembers.

“I got to leave my family behind, knowing that they’re probably going to have a hard time adjusting, me not being there for them for who knows how long,” he said in an interview with the Detroit Free Press the night before his deportation.  “It’s just hard. It’s going to be kind of hard for me to adjust, too.”

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Senseless as it is cruel, stupid, and wasteful. As I’ve pointed out before, if this is how DHS is “setting priorities,” using law enforcement resources, and wasting taxpayer money, they clearly do not need any more agents.

PWS

1-16-18

DEPORTATION TO DEATH — HOW AMERICA FAILS TO LIVE UP TO ITS HUMANITARIAN OBLIGATIONS!

https://www.washingtonpost.com/news/theworldpost/wp/2018/01/15/lgbt-el-salvador/

Josefina Salomon reports from Mexico fro the Washington Post:

“MEXICO CITY — Cristel woke up on the freezing floor of a tiny room in a detention center in San Diego. She was alone, dirty, hungry and exhausted. It was April. Eight days earlier, she had been arrested on the American side of the border crossing at Tijuana, where she planned to claim asylum. She had been in solitary confinement since then. The Immigration and Customs Enforcement (ICE) officers had given her no reason for her detention.

Five years on the run had left her drained. From the floor of that San Diego cell, it seemed like she was out of options. She could not bear the thought of being forced by ICE to return to El Salvador. That would be a death sentence.

Death threats from violent gangs had chased Cristel from her native El Salvador, through Guatemala and Mexico, up to the U.S. border. They kept her awake at night, echoing in the back of her head. In El Salvador and on her journey north, she had been bullied, threatened, robbed, beaten and raped. At one point, she had turned to sex work. She had been kidnapped and abused. She had escaped, but she still didn’t feel safe.

Cristel is not her real name. She is 25 and grew up in San Salvador. As a transgender woman, she has faced discrimination and violence nearly her entire life. My colleagues and I met Cristel half a dozen times over the last 18 months, first in San Salvador, and later at different points along her journey, as she moved toward what she hoped was salvation in the U.S.

Over time, Cristel lost weight and dark circles appeared under her eyes as fear, exhaustion and frustration took hold. Sometimes while we were talking, there would be seemingly unstoppable bursts of tears. Weeks might go by before we heard from her. Had she been hurt, or worse? The question, “What is going to happen to me?”, which she asked at every one of our meetings, became more and more urgent.\

. . . .

Starting in the 1990s, the U.S. was one of the first countries to begin admitting asylum seekers and refugees who were persecuted on the basis of their sexual orientation. While the Trump administration has not sought to change U.S. asylum law, it has made it clear that it aims to decrease the overall number of refugees admitted into the country and to raise the threshold for asylum seekers’ “credible fear” of persecution as a basis for their asylum.

According to figures from the U.S. Department of Justice, the number of asylum claims by people from El Salvador has been increasing dramatically in the past few years. There were nearly 18,000 claims in 2016 alone. While the number of people who have secured asylum in the U.S. increased in that period, so did the number of claims that were denied, abandoned or withdrawn. Many prospective asylum seekers and analysts have said this is because of the arduous process and the harsh detention conditions asylum seekers are forced to endure. The most vulnerable, like Cristel, often have few options but return to the danger they were desperately trying to escape in the first place.

In San Diego, after first being confined to solitary, Cristel was transferred to a cell that she shared with eight men. She was kept there for a month and a half. At her hearing, when it eventually came, she was appointed a pro bono lawyer, but her claim for asylum was denied. She was transferred to another detention center in Arizona, where she was handcuffed, put on a plane and sent back to a nightmare.

. . . .

She had gone back to live at her mother’s house, but the gang found her anyway. The extortion had resumed. Every time she is late with her payments, even by a day or two, gang members beat her. “I’m exhausted of being forced to pay to live. I want to leave but there’s nowhere to go.”

Sobbing, she said, “They are going to kill me.”

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Read the complete story at the link.

This is what “Trumpism” and “GOP restrictionism” are really about — turning our backs on those in the most need of protection.

One of the most disturbing things about this story is that, as noted by Solomon, the U.S. actually has been fairly routinely granting gender-based cases like this since at least the mid-1990s. See, e.g., Matter of Tobaso-Alfonso,20 I&N Dec. 819 (BIA 1990). In many U.S. Immigration Courts cases like this would routinely be granted, often with the DHS’s concurrence.

So, “Cristel” was unlucky.  She got the got the wrong Court, the wrong Judge, the wrong time, and perhaps the wrong pro bono attorney — and it’s likely to cost her life! That’s not justice, and that’s not a properly functioning U.S. Immigration Court that “guarantees fairness and due process to all.” Instead, the “captive” U.S. Immigration Court is turning into a “whistle-stop on the Trump/Sessions Deportation Railroad!” That’s something of which every true American should be ashamed. We need an independent, Due Process focused U.S. Immigration Court now!

PWS

01-16-18

THE HILL: PROFESSOR (& FORMER USCIS CHIEF COUNSEL) STEPHEN LEGOMSKY ON WHY THE TRUMP/SESSIONS FALSE NARRATIVE ATTEMPTING TO DEMONIZE & CRIMINALIZE ALL IMMIGRANTS IS SO TOXIC FOR AMERICA!

http://thehill.com/opinion/immigration/367269-trumps-lumps-all-immigrants-together-at-americas-risk

Steve writes:

“As we approach the first anniversary of the Trump presidency, a clear pattern emerges.

A Muslim immigrant and her U.S.-born husband kill civilians. Candidate Donald Trump’s reaction was to propose a ban on all Muslim immigrants.

Some refugees commit crimes. His reaction is to bar all refugees for 120 days and drastically cut refugee admissions after that.

A diversity-visa immigrant commits a terrorist act. President Trump‘s reaction is to call for repealing the diversity immigrant program.

A man is admitted under the sibling preference. His accompanying child attempts a terrorist attack years later. President Trump’s reaction is that all “chain immigration” should be banned.

 

The absurdity of condemning an entire group because of the actions of a single member seems self-evident. If a left-handed immigrant commits a crime, no one would propose banning all left-handed immigrants. The real question is whether there is a causal link between the commission of the crime and either the substantive criteria or the processes of the particular program.

No such link exists. For one thing, everyone who seeks admission to the United States under any of these programs is rigorously vetted. I know this firsthand, from my experience as chief counsel of the federal agency that admits immigrants and refugees.

. . . .

Anti-immigrant groups are fond of pointing out that, if an individual who committed a crime had never been allowed to enter, the crime would not have occurred. And that is true. But that observation could be made about any admission program. No matter how strict the criteria or how rigorous the vetting, there is always some possibility, however remote, that a given individual will one day commit a crime. Short of banning all foreign nationals from ever setting foot on U.S. soil, there is no way to reduce the risk to zero.

As with any other policy decision, the risks have to be balanced against the benefits. And there are benefits in allowing U.S. citizens to reunite with their family members, benefits in attracting workers with needed skills, benefits in diversifying the immigrant stream, and benefits in fulfilling a moral responsibility to welcome our fair share of those who fear for their lives.

Let’s not throw out the baby with the bathwater.

Stephen Legomsky is an emeritus law professor at Washington University, the former chief counsel of the federal immigration services agency, and the principal author of “Immigration and Refugee Law and Policy,” which has been the required text for immigration courses at 185 law schools.”

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Go on over to The Hill at the link to read Steve’s complete article.

Thanks, Steve, for sending this my way and for these great and appropriate thoughts on MLK Day! It’s important for those of us who have spent a lifetime working in the field and have served the public in our Government to speak out against the various false narratives and perversions of programs that have served America well being pushed by the restrictionists who control this Administration’s immigration policies. Hate, fear, and loathing are not the answers that Dr. King was promoting!

PWS

01-15-18