LAW YOU CAN USE: HON. JEFFREY CHASE ANALYZES EFFECT OF SENDING CHILDREN TO COUNTRY OF ASYLUM – POTENTIALLY PROBLEMATIC, BUT NOT NECESSARILY FATAL!

https://www.jeffreyschase.com/blog/2017/12/8/the-impact-of-returning-children-on-well-founded-fear

Dec 8 The Impact of Returning Children on Well-Founded Fear

I received a request to discuss the following hypothetical: an asylum-seeking couple has a U.S. citizen child. Because of the need for both parents to work, they send the child to their country of origin. The question is what impact the asylum seekers’ decision to send the child to the country of feared persecution has on their well-founded fear of persecution. If the asylum claim is based on past persecution, does the decision in any way rebut the presumption of a future fear of persecution? In claims based solely on prospective persecution, does the decision impact whether the parents have a genuine subjective fear of persecution?

Applicants who suffered past persecution

Where the parents suffered past persecution, the sending of the child to the parents’ country of origin does not rebut the presumption of future fear as a matter of law. 8 C.F.R. § 1208.16(b)(1)(i) provides two ways in which the presumption may be rebutted: through a showing (by a preponderance of evidence) of (1) “a fundamental change in circumstances such that the applicant’s life or freedom would not be threatened,” or (2) the applicant’s ability to avoid the threat of future harm by relocating to another part of the country. I am not aware of binding case law addressing children sent to the country of origin. However, circuit case law has considered the return of the asylum seekers themselves. In Kone v. Holder, 596 F.3d 141 (2d Cir. 2010), an immigration judge had ruled that the asylum seeker’s own return to the country of origin rebutted the presumption of well-founded fear arising from the past persecution. The circuit court reversed, noting that the IJ’s “cursory analysis” failed to make a finding of either a fundamental change in circumstances or the possibility of internal relocation as required for a rebuttal finding by 8 C.F.R. §1208.16(b)(1)(i). The circuit court thus concluded that the IJ’s finding “suggests the erroneous belief that voluntary return trips are sufficient, as a matter of law, to rebut the presumption of future persecution to which [the asylum seeker] is entitled.” The court referenced the Ninth Circuit’s decision in Boer-Sedano v. Gonzales, 418 F.3d 1082. In that case, the Ninth Circuit held that “the existence of return trips standing alone” could not rebut the presumption; such return trips could be considered “as one factor, among others, to rebut the presumption.”

If the presumption of well-founded fear is not rebutted by the return of the asylum seeker, it certainly is not rebutted by the return of the child. The decision to send the child, and the manner in which the child was treated, could be considered as a possible factor in determining whether a fundamental change in circumstances occurred or the possibility of internal relocation exists. However, it is a factor that must be considered in the context of the feared harm. For example, where the feared persecution is specific to the asylum applicant alone, or of a type that could not be visited on the child (i.e. the return of a male child where the feared harm is female genital cutting or forcible abortion), the return is not likely to have much significance. But the factfinder may find greater meaning where the claimant fears widespread attacks on members of her race, tribe, or religion, yet sends a child possessing the same trait to stay with family members similarly at risk.

However, even then, the courts have looked at the specific circumstances involved. In Mukamusoni v. Ashcroft, 390 F.3d 125-26 (1st Cir. 2004), a rape victim returned to Rwanda to pursue the free education available to her in that country; after departing, she returned one more time to obtain her transcript to allow her to continue her studies in the U.S. The court concluded that under the circumstances, the returns did not undermine the applicant’s claimed fear of future persecution, noting that “[f]aced with no viable means of support otherwise, people take risks in the face of their fears.”

2. Applicants whose fear is prospective only

The USCIS Asylum Officer Training materials on “well-founded fear” do not mention the return of children. However, they do address two related topics: the impact of the return of the asylum seeker him/herself to the country of feared persecution; and the persecution (or lack thereof) of individuals closely related to the applicant. Regarding the former, the USCIS materials rely on circuit court decisions to conclude that whether the applicant’s own return indicates a lack of subjective fear of persecution or alternatively “does not necessarily defeat the claim” is circumstance-specific, and depends on why the applicant returned, and what occurred when they did. See USCIS, RAIO Combined Training Course, Well-Founded Fear Training Module (June 15, 2014) Section 9, pp.22-24. The USCIS training materials note that the Ninth Circuit has held that the return of an asylum seeker “did not undercut the genuineness of her fear” where the purpose of the return was to retrieve her child after the death of the child’s custodian, or, in another case, to aid his uncle and sister who had been arrested. Id. at 22. The USCIS materials also look to what happened upon the asylum seeker’s return. The materials reference yet another Ninth Circuit case, Karouni v. Gonzales, 399 F.3d 1163 (9th Cir. 2005), in which an asylum applicant returned once to his country to attend to his dying father, but cut his trip short because of his fear of persecution, leaving before the father’s funeral. The applicant returned a second time to attend to his dying mother, but had to delay the trip due to a fear of persecution so that he did not return until the mother had already passed away. The court concluded that these visits did not undermine the applicant’s fear.

Regarding the treatment of relatives, the USCIS training materials provide a hypothetical in which an asylum applicant’s sister is arrested based on her political opinion. The materials state that such arrest should be considered in determining the applicant’s own fear where, e.g. the sister lived in the same city and was active in the same political party as the applicant. However, the sister’s arrest need not be considered if the two were not close, lived in different regions, and were not members of the same party. See Id. section 6, pp. 18-19.

In transposing this approach to the example of children sent to the country of feared persecution, the inquiry would be into whether a connection exists between the child and the applicant’s reason for fearing persecution. When I was an immigration judge, ICE trial attorneys would sometimes comment in such cases that “no refugees sent their children back to Nazi Germany.” Of course, if the asylum applicant based his or her fear on a comparably extreme situation, i.e. that anyone who was a member of their race, nationality/ethnicity/tribe, or religion would be at grave risk, and that family remaining in the country were hiding in fear of discovery, then sending one’s child back to that country to stay with those relatives could open an inquiry into whether the applicant possessed a genuine subjective fear of persecution. However, where that is not the basis of the fear, the question would be what, if any, risk extends to the child? Furthermore, even if such risk was found to exist, as noted above, the reason for sending the child would be weighed against the risk. Whether the feared persecutors were aware of the children’s return, and if so, what their reaction was might also be considered, depending on the specific circumstances.

Copyright 2017 Jeffrey S. Chase. All rights reserved.

JEFF CHASE

PREVENTABLE HUMAN DISASTER: THE WANTON CRUELTY, WASTEFULNESS, & TOTAL STUPIDITY OF THE TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT PROGRAM PORTRAYED IN GRAPHIC HUMAN TERMS — The Damage To America Of Mistreating Our Families & Our Citizen Youth Will Long Outlive The Misguided Officials Carrying It Out!

https://www.washingtonpost.com/classic-apps/deported-divided-how-a-moms-return-to-el-salvador-tore-her-family-in-two/2017/12/08/70f81724-9a37-11e7-87fc-c3f7ee4035c9_story.html

Maria Sacchetti reports in the Washington Post:

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

Maria Sacchetti reports in the Washington Post:

“Cruz Mendez, 30, made this trip in reverse when she was 18 years old, skipping her high school graduation to flee a neighborhood man who had harassed her in San Salvador. She was detained at the U.S.-Mexico border, released and allowed to join her brother in Virginia. Two months later, an immigration judge in Texas ordered her deported. Cruz Mendez says she never knew about the hearing.

In Fairfax, she was crowned beauty queen at a local Salvadoran festival and met Rene Bermudez, a hazel-eyed laborer who worked construction.

Steve was born in 2007, Danyca in 2012.

Late in 2013, police stopped Cruz Mendez for failing to turn on the lights on her minivan and charged her with driving without a license, an arrest that alerted federal agents to her old deportation order.

While President Barack Obama deported high numbers of undocumented immigrants during parts of his tenure, parents of American citizens with little to no criminal record were not priorities for expulsion. So officials released Cruz Mendez with orders to stay out of trouble and check in with them once a year.

But under President Trump, who campaigned on a promise to crack down on illegal immigration, anyone here without papers can be expelled.

Interior deportations — of people already living in the United States, as opposed to those caught crossing the border — have risen 37 percent since Trump took office. Deportation arrests of non-criminals such as Cruz Mendez — many, like her, with children who were born in this country and are U.S. citizens — surged past 31,000 from inauguration to the end of September, triple the same period last year.

On the May morning when she was scheduled for her yearly check-in, Cruz Mendez lingered in the apartment, which she’d decorated with family photographs, Danyca’s art projects and Steve’s citizen-of-the-month award from elementary school.

She considered the possibility of skipping the check-in, aware of other longtime immigrants who had been deported after similar appointments. But she could not fathom life as a fugitive. Worried, Bermudez warned her that she was going to be late.

“Why are you trying to turn me over so fast?” Cruz Mendez snapped in Spanish.

She eventually walked into the immigration agency’s Fairfax office, accompanied by advocates and loved ones. Agents took her into custody as her supporters shouted.

For a month, her husband and lawyers fought to free her. Steve tried, too, writing letters to Immigration and Customs Enforcement that were full of pleas and questions.

“Plz don’t deport my mom,” one of the letters said.

Who will take me to the doctor, the dentist? Who will take care of me and my sister? Who will I live with?

It didn’t work. On June 14, they sent her back. Bermudez and the kids filled a giant cardboard box with her dresses and shoes, pots and pans, and placed it by the front door, waiting for a courier to take it away.

Steve Bermudez, 10, wrote immigration officials in May to ask them not to deport his mother. For a month, Cruz Mendez’s husband and lawyers fought to free her and stop the deportation. (Sarah L. Voisin/The Washington Post)

Steve looks out the window of the bedroom he used in his mother’s childhood home in El Salvador. The sign advertises fruit and vegetables his family sells. (Sarah L. Voisin/The Washington Post)
‘How can I go?’
Deportations can shatter a family or a marriage. In one study of the aftermath of six immigration raids, family income dropped an average of 70 percent. Another study, of U.S.-born Latino children, found that those whose parents had been detained or deported experienced significantly higher post-traumatic stress disorder symptoms than their peers.

“That child’s more likely to be poor. They’re more likely to be depend on public benefits,” said Randy Capps, U.S. research director for the Migration Policy Institute. “And then psychologically, you just don’t know. There could be an immediate impact; it could be a long time before that psychological impact shows up.”

In the Falls Church apartment, Steve and Danyca cried all the time after Cruz Mendez was deported. No one wanted to eat.

. . . .

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.“

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Read Maria’s entire story of this grotesque failure of responsible government, common sense, and human decency at the link!

THE GHOST OF CHRISTMAS FUTURE

What kind of country abuses its youth — our hope for the future — this way? What kind of county wastes its human capital and potential in this manner? What kind of country empowers leaders who are intentionally cruel, immoral, dishonest, and stupid? What kind of country intentionally turns valued friends and positive contributors into potential disgruntled enemies?

This is the way that a once great nation transforms itself into an “overstuffed banana republic!”

But, it’s not yet too late to change the grim vision of “Christmas Future” being promoted by Trump, Sessions, Kelly, Homan, Bannon, Miller, and their cronies. We can resist the horrible policies of the Trump Administration in the courts of law and the courts of public opinion! Ultimately, totally unqualified officials like Trump, Sessions, and their White Nationalist cronies — who are plotting the end of America as we know it — can be defeated at the ballot box and removed from office.

But, there will come a “point of no return” when the damage done by these corrupt individuals and their enablers (both willing and unwitting) cannot be undone! Are we as smart, human, and capable of leaving behind selfishness and embracing decency and human kindness as Ebineezer Scrooge? Or will the Ghost prove to be the Prophet in this version of the Christmas Carol?

PWS

12-09-17

SUPREMES APPEAR TO BE TILTING TOWARD TRUMP! — DREAMERS STIFFED BY HIGH COURT!

http://www.cnn.com/2017/12/08/politics/supreme-court-daca-ruling-immigration-california/index.html

Ariane de Vogue reports for CNN::

“(CNN) A divided Supreme Court agreed 5-4 on Friday to temporarily put on hold a lower court order requiring the government to turn over documents related to its decision to end the Deferred Action for Childhood Arrivals (DACA) program.

The program is an Obama-era policy that defers deportation for some undocumented youth who had been brought to the United States as children.
The Supreme Court’s order is a setback for challengers, including California and the regents of the University of California, who contend that the Trump administration violated federal law when it abruptly decided to rescind the program. The challengers had sought the documents to bolster their case, pending in California.

Justice Stephen Breyer, joined by the three other liberal justices, dissented from the court’s order. Stressing that the lower court has still not heard the merits of the case, Breyer criticized the majority for intervening “in this kind of discovery-related dispute.”
He said the matter should be left with the lower courts, which are in a better position “to understand whether a particular discovery order is over-burdensome. ”
“This court,” Beyer wrote, is “poorly positioned to second-guess district courts’ determinations in this area.”
The high court’s action is a win for government lawyers, who argued in court papers that the “district court’s orders mandating discovery and expansion of the administrative record were in excess of the district court’s authority.”
They're united in friendship but divided by DACA
They’re united in friendship but divided by DACA
In a statement, a Justice Department spokesman praised the Supreme Court’s order.
“The Department of Homeland Security acted within its lawful authority in deciding to wind down DACA in an orderly manner, and the Justice Department believes the courts will ultimately agree,” said spokesman Devin O’Malley.
California Attorney General Xavier Becerra responded: “What is the Trump administration trying so hard to hide?
“The administration owes the American people a real explanation for its decision to upend the lives of 800,000 Dreamers, stripping them of their ability to work and study, stirring fear, and threatening our economy,” Becerra said. “We’ll keep fighting in court for Dreamers, particularly the 1-in-4 DACA grantees who call California home.”
The district judge had filed a statement with the justices arguing that the government’s petition “leaves the incorrect impression that the district court endorsed unfettered discovery,” he said.
Judge William Alsup of the US District Court for the Northern District of California argued that his request was “limited, narrowly directed, and reasonable.”
The challengers have until Wednesday to respond to the ruling. The district court is set to hear arguments December 20 on whether the case should be dismissed altogether.”

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To date, lower Federal Courts generally have been willing to hold the Trump Administration accountable for its immigration policies. But, the Supremes seem to agree with the Administration that Trump, Sessions, & co. can do as they please in the immigration area without providing anything other than fairly cosmetic explanations.

Dreamers apparently will have to look to Congress for any help in staying.

PWS

12-08-17

THE DAILY INTELLIGENCER: AMERICA’S “TOADY IN WAITING”

http://nymag.com/daily/intelligencer/2017/12/mike-pence-first-toady.html?utm_source=Sailthru&utm_medium=email&utm_campaign=Daily Intelligencer – December 6, 2017&utm_term=Subscription List – Daily Intelligencer (1 Year)

Ed Kilgore reports for The Daily Intelligencer in NY Maggie:

“Most reactions to McKay Coppins’s vast new profile of Vice-President Mike Pence have focused on an October 2016 incident wherein the then-candidate for veep offered to replace Donald Trump at the top of the ticket in the wake of the Access Hollywood revelations, which for a moment looked likely to bring the mogul down.

But the far more enduring picture Coppins paints is very different: Mike Pence as a man who decided early on in his relationship with Trump that no one could look in the mirror at night and see a browner nose.

In Pence, Trump has found an obedient deputy whose willingness to suffer indignity and humiliation at the pleasure of the president appears boundless. When Trump comes under fire for describing white nationalists as “very fine people,” Pence is there to assure the world that he is actually a man of great decency. When Trump needs someone to fly across the country to an NFL game so he can walk out in protest of national-anthem kneelers, Pence heads for Air Force Two.

This willingness to serve as First Toady was evident in Pence’s initial interview — on a Trump golf course — as a potential running mate:

Pence had called Kellyanne Conway, a top Trump adviser, whom he’d known for years, and asked for her advice on how to handle the meeting. Conway had told him to talk about “stuff outside of politics,” and suggested he show his eagerness to learn from the billionaire. “I knew they would enjoy each other’s company,” Conway told me, adding, “Mike Pence is someone whose faith allows him to subvert his ego to the greater good.”

True to form, Pence spent much of their time on the course kissing Trump’s ring. You’re going to be the next president of the United States, he said. It would be the honor of a lifetime to serve you. Afterward, he made a point of gushing to the press about Trump’s golf game. “He beat me like a drum,” Pence confessed, to Trump’s delight.

This set the pattern for Pence, notwithstanding anything he might have contemplated during the brief but intense hours after the Access Hollywoodrevelations.

What makes Coppins’s take on Pence especially valuable is his understanding that sucking up to Trump was entirely in keeping with the Hoosier governor’s sense that God was working through the unlikely medium of the heathenish demagogue to lift up Pence and his godly agenda to the heights of power. Just as it has been forgotten that the Access Hollywood tapes nearly brought Trump down, it has rarely been understood outside Indiana that Pence was down and possibly out when Trump reached out to him to join his ticket.

The very fact that he is standing behind a lectern bearing the vice-presidential seal is, one could argue, a loaves-and-fishes-level miracle. Just a year earlier, he was an embattled small-state governor with underwater approval ratings, dismal reelection prospects, and a national reputation in tatters.

Pence’s apparent demise, moreover, came after his careful plans to position himself to run for president in 2016 went awry via his clumsy handling of a signature “religious liberty” bill and a fatal underestimation of the resulting backlash from the business community.

All of a sudden, he was lifted from this slough of despond and placed a heartbeat away from total power thanks to his ability to, as Kellyanne Conway put it, “subvert his ego” in the presence of his deliverer, whose own ego has no limits. He clearly has not forgotten this lesson of an ambition fed by self-abasement rather than self-promotion. And according to Coppins, he even has a theological justification for blind loyalty to Trump:

Marc Short, a longtime adviser to Pence and a fellow Christian, told me that the vice president believes strongly in a scriptural concept evangelicals call “servant leadership.” The idea is rooted in the Gospels, where Jesus models humility by washing his disciples’ feet and teaches, “Whoever wants to become great among you must be your servant, and whoever wants to be first must be your slave.”

Usually the idea is to be the “slave” of one’s followers and of the less fortunate, not the slave of the billionaire POTUS, but Pence has the “humility” part down pat.

Pence’s presumed reward in this redemption story could, of course, extend beyond the power he exercises as one of the more influential vice-presidents in history, and as Trump’s designated mediator with the Christian right and with those Republican elected officials who aren’t themselves in the great man’s retinue. He would be the obvious successor to Trump in 2024, when he will still be a relatively youthful 65 — whether or not Trump wins a second term in 2020. And in the meantime, as in the panic-stricken hours after the Access Hollywood tapes were released, Republicans will look to Pence as a reassuring and unifying figure whenever Trump’s presidency is endangered, whether it’s by the Mueller investigation or his own erratic conduct.

Pence has indeed come a long way since he was airlifted out of what was probably a losing gubernatorial race to the role of worshipful sidekick to Donald Trump. And he’s earned his actual and potential power via a habit of slavish loyalty that he may consider godly, but others find infernally corrupt if effective.”

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

I’ve called Pence a sycophant. But, sycophant, toady, you get the picture: spineless, and when you get beyond the disgustingly un-Christian and un-Jesus brand of intolerant religious zealotry that Pence passes off for Christianity (thus giving Christians a “bad name”) you get a guy that no thoughtful American should want for President. Doesn’t, of course, mean that he won’t be President; just that he shouldn’t be.

Now, there is a school of thought around “The Swamp” that “Mikey the Toady” is “going down” along with The Trumpster in “Russiagate,” leaving us with the “Weaselly Badger” Paul Ryan as President. Before you get too excited about that prospect, however, best to read the following article to understand that in addition to being a spineless coward who isn’t as smart as he and his backers think he is, Ryan is a “Joint Venture” (50-50 ownership for you non-corporate types) of the National Rifle Association and the Koch Brothers. Yeah, I know that this is a “fake news” satirical piece by none other than the New Yorker’s Andy Borowitz. Sadly, however, it contains more accuracy than a standard White House press briefing by Sarah Huckabee Sanders (a disturbingly low standard to be sure — where oh where is “Spicey” when we need him?). In the end, he could turn out to be just as damaging to America and the world as Trump and Pence.

https://www.newyorker.com/humor/borowitz-report/koch-brothers-and-nra-reach-timeshare-agreement-over-ownership-of-paul-ryan

“WASHINGTON (The Borowitz Report)—In a unique accord, the billionaire Koch brothers and the National Rifle Association have reached a timeshare agreement over the ownership of House Speaker Paul Ryan, representatives of both parties have confirmed.

Speaking on behalf of the Kochs, Charles Koch said that he contacted the N.R.A.’s executive director, Wayne LaPierre, with the timeshare proposal “so that we could all get the maximum enjoyment out of owning Paul.”

The arrangement is intended to minimize conflicts between the Kochs and the gun group that have arisen in the past when both co-owners have wanted to use Ryan at the same time, Koch said.

“I said to Wayne, ‘This is craziness,’ ” he said. “ ‘Let’s work something out where you get Paul half the year, and we’ll take him the other half.’ ”

Under the timeshare deal, the Kochs will have the exclusive use of Ryan during the months when tax cuts and environmental deregulation are put to a vote, while the N.R.A. will have him for the months when gun legislation is to be defeated.

Additionally, each co-owner is responsible for insuring that Ryan is well maintained and in good condition when the other’s period of using him commences.

Koch indicated that, if the timeshare agreement is a success, the two parties are likely to work out a similar deal for their longtime joint ownership of Senate Majority Leader Mitch McConnell.”

So, what’s a self-respecting country to do? The answer is actually pretty obvious. Stop putting Republicans in elective office. No, that won’t cure all the country’s ills; indeed, just repairing the damage already done by this Administration could take decades.

But, at least we’ll have some folks in office who are working for the common good and trying to solve the nation’s and the world’s problems (yes, amazingly, they are interrelated) rather than actively making them worse every day. And, that would be a start!

PWS

121-08-17

WASHINGTON POST – “GOOD STUFF” ABOUT THE “REAL AMERICA” FROM LETTERS TO THE EDITOR

Immigrants reflect what makes America great

A newly naturalized citizen holds an American flag during at the Atlanta office of the U.S. Citizenship and Immigration Services in 2016. (Kevin D. Liles/For the Washington Post)

December 6

I applaud the strong statement in The Post’s Dec. 4 editorial “An attack on America.” I agree that the “president’s immigration policies are neither an embrace of legality nor in the national interest.”

This past year, I suffered a mild stroke, and through the swift actions of staff at the Virginia Hospital Center in Arlington, I have thankfully recovered. The staff helped me cope and persist. The cultural diversity of the staff reflected the America I cherish. We are already great because of the gifts such people bring to our shores. Everyone in our country deserves the care I received, not just those of us who are privileged.

I am deeply appreciative to all who administered compassionate care with skill and consistency at that hospital and who represent the many sons and daughters of immigrants to whom we should be thankful — not only those who work in our fields, construction sites, kitchens and bathrooms but also those in the corridors and labs in our hospitals and by the bedside of a frightened patient.

I write this letter also on behalf of the hundreds of immigrants who fill the pews each week in the National Capital Presbytery, where I am a moderator, and who remind us of their gifts and deeply religious and faithful commitment to the well-being of all.

William Plitt, Arlington

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Yup, I had the same thoughts about the nice folks who took care of my Dad during his years in a retirement home and the great surgeon who repaired my broken ankle in Maine this summer.

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The ‘dreamers’ emergency

A woman holds up a sign outside the U.S. Capitol in support of the Deferred Action for Childhood Arrivals (DACA) program on Tuesday in Washington. (Jacquelyn Martin/Associated Press)

December 6

Regarding Paul Kane’s Dec. 3 @PKCapitol column, “Republicans savor a win that could be swept aside by shutdown negotiations”:Senate Majority Leader Mitch McConnell (R-Ky.) said there is no need for action on the Deferred Action for Childhood Arrivals program because it is not a crisis or an emergency. Really, is that his management style?Maybe that’s why Congress can come up with money for hurricane recovery but not to help people to move out of houses that flood repeatedly. Still, it seems that about 690,000 people not knowing what is going to happen to them in three months is at least as much of an emergency as the need for a deficit-financed tax cut for a nation with a booming economy and a $20 trillion debt.

Mike Zasadil, Silver Spring

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It’s all about priorities, Mike. For the GOP, greed, selfishness, and rewarding the rich are where it’s at. Human needs and the rest of the populace, not so much. It’s not going to change until those of us who believe differently throw the GOP out of power at the ballot box.

PWS

12-08-17

FOURTH CIRCUIT JOINS 9TH, 2d, & 6TH IN REVERSING BIA’S OVERLY RESTRICTIVE READING OF ASYLUM ELIGIBILITY – ADDITIONAL EVIDENCE OF A PRE-EXISTING CLAIM CAN BE A “CHANGED CIRCUMSTANCE” JUSTIFYING “LATE” ASYLUM FILING! — ZAMBRANO V. SESSIONS (PUBLISHED)!

4th Cir on changed circumstances-1yr

Zambrano v. Sessions, 4th Cir., 12-05-17 (published)

PANEL: KEENAN and WYNN, Circuit Judges, and John A. GIBNEY, Jr., United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION BY: Judge Gibney

KEY QUOTE:

“This Court agrees with the logic of the Ninth, Second, and Sixth circuits. New facts that provide additional support for a pre-existing asylum claim can constitute a changed circumstance. These facts may include circumstances that show an intensification of a preexisting threat of persecution or new instances of persecution of the same kind suffered in the past. The Court remands to the BIA and leaves the determination of whether the facts on record constitute changed circumstances which materially affect the petitioner’s eligibility for asylum to the BIA’s sound discretion.

III.
The BIA erred when it categorically held that additional proof of an existing claim

does not establish changed circumstances. Accordingly, we grant the petition for review, vacate the BIA’s order, and remand the case to the BIA for further consideration in light of this opinion.”

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This is a very important decision for asylum applicants in the Fourth Circuit, as this situation arises frequently in Immigration Court.

With three well-reasoned Circuit decisions already in the books, why is the BIA holding out for a discredited rationale? How many individuals who weren’t fortunate enough to have Ben Winograd or an equally talented lawyer argue for them in the Court of Appeals have already been wrongfully removed under the BIA’s discredited rationale? Where’s the BIA precedent adopting this rationale and making it binding on IJ’s nationwide before more individuals are wrongfully removed? How is this “through teamwork and innovation being the world’s best administrative tribunal guaranteeing fairness and due process for all?”

The answer to the latter question is sadly obvious. While the BIA’s problems predated his tenure, the attitude of Attorney General Jeff Sessions, as demonstrated in his recent pronouncement on so-called “Immigration Court efficiency” elevates “false efficiency,” speed, and cranking out removals above fundamental fairness and Due Process. Why have an elaborate administrative court system that doesn’t put Due Process first and foremost as “real” (non-captive) courts generally do? Why not just send all removal cases to U.S. District Judges and Magistrate Judges who make Due Process and fairness “job one” and aren’t preoccupied with “jacking up” removal statistics to please political bosses?

And, I’d like to see how far the DHS/Sessions’s (they are pretty much the same these days) boneheaded, arrogant, unrealistic, and wasteful “no PD” policy would get in a “real” court system where widespread, reasonable, and prudent use of PD by prosecutors is understood and accepted as an essential part of fairness, efficiency, and responsible use of publicly-funded judicial resources. Indeed, in some of my past “off the record” conversations with Article III Judges, they were absolutely flabbergasted to discover the unwillingness of DHS to meaningfully exercise “PD” in the pre-Obama era and to learn that at DHS the “cops,” rather than the prosecutors were responsible for setting PD policies!

PWS

12-08-17

BATTLE OF THE PUNDITS: RAPPAPORT V. LITHWICK – NOLAN SAYS “If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.” – DAHLIA SAYS “Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.” – YOU DECIDE!

http://thehill.com/opinion/immigration/363473-with-travel-ban-scotus-can-correct-lower-courts-anti-trump-bias

Nolan writes in The Hill:

“According to Eric Posner, a professor at the University of Chicago Law School, the lower U.S. courts have created a “Trump exception” to settled law on presidential powers with their travel ban decisions. They have ignored the Supreme Court’s admonition that courts may not “look behind” a “facially legitimate” reason for an executive order, which in these cases was a national security interest in stricter vetting.

Trump appealed to the Supreme Court, but his case became moot when he replaced the temporary travel ban with a permanent program with the Presidential Proclamation he issued on September 24, 2017, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.”

When fourth and ninth circuit courts enjoined implementation of his proclamation, he went back to the Supreme Court. On December 4, 2017, the Court ordered stays of the fourth circuit and the ninth circuit injunctions.

The Court did not state its basis for granting Trump’s stay request in either decision, but stays are not granted for meritless cases. I expect Trump to prevail on the merits of his case.

. . . .

He [Judge Derick Watson of the USDC in Hawaii] goes on to say that nevertheless “any reasonable, objective observer would conclude … that the stated secular purpose of the Executive Order is, at the very least, ‘secondary to a religious objective’ of temporarily suspending the entry of Muslims.” This “assessment rests on the specific historical record,” which “focuses on the president’s statements about a ‘Muslim ban,’” including on the campaign trail.

If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.”

Go on over to The Hill at the link to read Nolan’s complete article! I note that Nolan’s article is also posted on SCOTUSDaily. Here’s the link:

SCOTUSDaily pdf

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https://slate.com/news-and-politics/2017/12/the-new-travel-is-an-abomination-why-have-we-stopped-caring.html

Meanwhile, Dahlia Lithwick writes in Slate:

“Way, way back in February, a three-judge panel of the United States Court of Appeals for the 9^th Circuit heard oral arguments in State of Washington v. Trump, the first iteration of the first appeal of the first attempt at Donald Trump’s travel ban. This version was a hastily executed implementation of the president’s promise to create a Muslim ban, signed on Jan. 27, just a week after Trump took office.

America was riveted, listening eagerly to arguments broadcast without images and parsing—or trying to parse—complicated appellate questions about standing, and justiciability, and religious animus. As the court ultimately found—before this first version was pulled from commission and replaced with a new one—Trump’s ban trampled over all sorts of due process rights.

Almost a year later, a different panel of the 9^th Circuit heard on Wednesday a different oral argument, about a third iteration of a Trump executive order limiting immigration from some majority-Muslim countries. This one, though, was offered without the glare of national media and by seemingly worn-out advocates. More than anything, the argument was reminiscent of one of those old-timey dance marathons, in which weary partners pushed one another around a high school gymnasium in the futile hope that anything might still matter.

Wednesday’s effort made the second argument about the very same issuesfrom May seem positively zippy (May? Remember May??). But here we are in December, and the travel ban has been sanitized and then sanitized again. The current version, announced in September, targets 150 million travelers from Muslim-majority countries Chad, Iran, Libya, Somalia, Syria, and Yemen, as well as the non–Muslim majority outlier North Korea along with some Venezuelan government officials. It was promptly blocked by judges before it went into effect, and on Monday the Supreme Court allowed it to go forward for the time being, warning the appeals courts that they had better rule quickly.So here in December, it is now being defended by seemingly competent counsel, despite the fact that—if one noticed such things anymore—the president was tweeting Muslim revenge porn only a week ago.

. . . .

We should all possibly care about travel ban 3.0 and its cretinous defenders a whole lot more than we apparently do, simply because it’s permanent, it’s nearly as bad as the original, and the Supreme Court appears inclined to tolerate it. Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.

A fortiori, for the record, means an argument made with greater reason or more convincing force. Who knew that something so grotesquely cynical and cruel as this travel ban could become a fortiori, just from sheer wariness, repetition, and fatigue?”

Read the rest of Dahlia’s article over at Slate at the above link.

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Clearly, “different strokes for different folks!” But, we all have a stake in this one way or the other!

Interestingly, Nolan and Dahlia appear to agree on one thing: the Supremes (or at least a majority of them, excluding Justices Sotomayor and Ginsburg who dissented from the dissolution of the stay) have signaled that they are ready to “greenlight” Trump’s “Travel Ban 3.0.” In other words, if Trump is exceeding “political and societal norms” (which many of us think he is) ultimately it will be up to the political branches of Government and the voters, not the courts, to rein him in.

PWS

12-07-17

WHEN AL FRANKEN RESIGNS . . .

Please remember that immigrationcourtside.com was one of the first, if not the first, to call for him to go!

https://wp.me/p8eeJm-1Ij

(“Tuning in” to my prior blog on Franken at this link will also give you a great opportunity to review some of the endless intellectual dishonesty of Attorney General Jeff ”Gonzo Apocalypto” Sessions!)

Franken could and should have saved himself, his victims, his party, his Congress, and the public from unnecessary, distracting melodrama and trauma by doing “the right thing” right off the bat.

When will Democrats finally stop shooting themselves in the foot by acting like Republicans when caught red-handed in inappropriate and indefensible situations? Yeah, we live in the age of Trump and the spineless, captive, immoral GOP.

But, if Dems want to offer a “better alternative,” they need to start acting like it. Neither the Franken nor the Conyers debacles are encouraging signs. But, give Senator Kirsten Gillibrand (D-NY), Sen. Kamala Harris (D-CA), and other Democratic women Senators lots of credit for getting the ball rolling in the right direction, after the so-called “men” in their party failed.

PWS

12-06-17

IMMIGRATION, AGRIBUSINESS, & THE AMERICAN SMALL CITY — A Complex Dialogue!

https://slate.com/business/2017/12/latino-immigrants-and-meatpacking-in-midwestern-towns-like-fremont-nebraska.html

Henry Graber reports for Slate:

“FREMONT, Nebraska—The past few years in this Nebraska town of 26,000 have been unusually fraught. “My neighbor is on the City Council. His wife does not wave to me,” explained John Wiegert, as he made his way to a political meeting at the public library this summer. “I could be on fire in the front yard, and she wouldn’t put me out with a garden hose.” Doug Wittmann, who had organized the get-together, wore a blue polo branded with his organization, a Tea Party–influenced group called Win It Back. “We’re divided in this country; we’re divided in this community,” Wittmann told me. “And a house divided against itself cannot stand.” Twenty minutes later, the City Council president, Scott Schaller, wearily addressed the gathering: “It seems like we’ve disagreed on more issues lately, over the past year, than we’ve ever disagreed on.”

A few dozen Fremont residents were crowded into a library meeting room to discuss the Costco chicken plant, a $300 million facility that broke ground this summer and will, starting in 2019, slaughter and ship nearly 400,000 birds a day, all raised by local farmers on strict contracts. The meeting was about eminent domain, but the plant had come to stand for much more than that. Its arrival had split this quadrant of the state along lines that defy traditional two-party politics. In favor is the pro-growth business and political elite, immigration-friendly liberals, and a considerably quieter contingent of Latino residents. Opposed is a curious coalition of aging nativists, good-government advocates, environmentalists, and advocates for workers’ rights.

When complete, the Fremont plant will enable Costco to control poultry production all the way from fertilization to the spits upon which rotisserie chickens will glisten in the chain’s hundreds of locations in the Western United States. Costco says the economic impact of the Fremont plant, hatchery, and feed mill will be $1.2 billion each year, adding more than 1 percent to Nebraska’s gross domestic product. It will transform Fremont, where as many as 1,000 new workers could buy their groceries and educate their children, and the surrounding region, where hundreds of chicken barns will sprout in the fields like mushrooms after the rain.

The battle over the Costco plant has served as a coda for a long war over the way the meat business—Fremont’s Hormel hog plant is the nation’s largest producer of Spam—has changed the town’s identity through the arrival of Latino workers and their families, who now number about 4,000 here. Fremont is the only city in the country that has successfully made it illegal to rent a house to an unauthorized immigrant. The ordinance failed in the City Council in 2008, passed in a referendum in 2010, was overturned by a district court judge in 2012, and was upheld by a circuit court in 2013. Fremont reaffirmed the ordinance in a second referendum in 2014, with 60 percent of voters in favor. Years of raucous debate split families and neighbors, inspired acts of vandalism, brought media attention from far afield, and drove hundreds of Latino residents to leave. Since the second referendum, the city has held an uneasy peace over the ordinance, which goes largely unenforced. Many Latinos who left have returned. But the City Council still sets aside budget money for the possibility they will wind up back in court. A similar, ultimately overturned ordinance cost a Dallas suburb $6 million in legal fees.

The themes that characterized that saga in Fremont resonate across dozens of Midwestern towns—Austin, Minnesota; Storm Lake, Iowa; Garden City, Kansas—where just about the only job and population growth in the past two decades has come from the meatpacking industry and the immigrant workers it attracts. Meat has remained invulnerable to the outsourcing that devastated Rust Belt manufacturing towns. In fact, deregulation and factory farming have brought on a meat boom, bringing good news to towns like these: more young people, more downtown businesses, and related jobs in law, finance, and health care. This is especially visible in places like Schuyler, Nebraska, a small city west of Fremont that’s now more than 70 percent Hispanic. “People had to make a decision: Embrace change or get rid of it,” said Susan Jacobus, a Fremont city councilor who moved recently from Schuyler. “And if you get rid of it, it’s going to cost you your town.”

The Costco plant will bring tax dollars and local spending from hundreds of new arrivals. But it will also reshape the environment of eastern Nebraska, with fertilizer from 500 chicken barns dumping nitrates and phosphates into the water supply of cities downstream. And the work itself, if history is any guide, will be low-paying, dangerous, and difficult. There’s a reason native-born whites don’t work in meat plants anymore.

Supporters of the housing ordinance claimed to defend law and order—they had no problem with legal immigrants, they often said—but they also complained about hearing Spanish spoken in the supermarket and worried about the burden that even legal immigrants placed on Fremont’s schools and social services. They didn’t see why Fremont had to change. If the ordinance was their defiant rebuke to the plants, the packers, and the politicians, the approval of the Costco plant was the opposite: proof that their world was indeed changing beyond their control.

Three years after affirming what may be the most anti-immigrant housing law in the country, Fremont is welcoming a plant that is all but certain to bring hundreds more immigrant and refugee families to town. The city’s political class, which by and large opposed the ordinance, considers this a no-brainer. Unlike many rural communities, Fremont’s population has not declined, in part because it’s now 15 percent Latino. But it is older than the state and the country: Nearly 20 percent of the population is 65 and older. “There’s some people that, regardless of what you do, it’s change, and they don’t want change, period,” said Fremont Mayor Scott Getzschman, who has helped approve the facility. “There’s nothing you can do to make them feel this is the right thing for Fremont.” But, he insists, there is no alternative. “You have to continue to grow, or you die.”

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Read the complete, much longer, article at the link.

Seems like the immigrants and the local folks have a lot in common. They all want:

A decent place to live;
Economic and educational opportunities;
A better future for their kids.

So, what’s preventing them from working together for a better future?

PWS

12-06-17

AG SESSIONS ISSUES NEW GUIDANCE ON ADMINISTRATION OF US IMMIGRATION COURTS, COURT REFORM, & ATTACKING BACKLOGS — Due Process Appears To Take a “Back Seat” (Or Perhaps Has Been Tossed Out The Window) In Relation To Enforcement, Deterrence, and Removals!

Attorney General Jeff Sessions issued two important new memoranda on the heavily backlogged U.S. Immigration Courts today. Here they are:

https://www.justice.gov/opa/press-release/file/1016066/download

“**ALL INFORMATION CONTAINED WITHIN IS ON BACKGROUND, ATTRIBUTABLE TO AN EOIR OFFICIAL**

BACKGROUND

BACKGROUNDER ON
EOIR STRATEGIC CASELOAD REDUCTION PLAN

The Executive Office for Immigration Review’s (EOIR) caseload has doubled since 2011, from less than 300,000 pending cases to 650,000 as of December 2017.

The pace of the caseload increase has accelerated:

o FY 2014 – FY 2015: o FY 2015 – FY 2016: o FY 2016 – FY 2017:

+48,000 cases
+60,000 cases
+100,000 cases (projected)

Numerous policy changes in recent years have slowed down the adjudication of existing cases and incentivized further illegal immigration that led to new cases:o DACA
o Prosecutorial Discretion o Provisional Waivers

Representatives of illegal aliens have purposely used tactics designed to delay the adjudication of their clients’ cases:o Between FY 2006 and FY 2015, continuances in immigration proceedings increased 23%.1 o As of 2012, cases averaged four continuances, which totaled 368 days per continuance.2

Productivity of immigration judges fell by 31% between FY 2006 and FY 2015.3GOAL

In order to reduce the pending caseload, EOIR must increase adjudicatory capacity, increase immigration judge (IJ) productivity, and manage incoming case receipts from the Department of Homeland Security. EOIR is implementing five initiatives to address these goals.INCREASING ADJUDICATORY CAPACITY

FY 2016 authorized 384 IJs, and the total number of IJs is currently 339, up from 273 since September 2016; if approved, EOIR will be authorized to hire up to 449 IJs.

The Attorney General announced a “new, streamlined hiring plan” in April 2017 that is showing signs of reducing the hiring process from 742 days to 6-8 months.4

In addition to more immigration judges, EOIR is requesting funding to reduce the ratio of judicial law clerks (JLCs) for all IJs from 2:1 to 1:1, improving productivity and efficiency.

EOIR is actively working with Government Services Administration (GSA) to identify new space and to expedite build-outs of existing space.1 https://www.gao.gov/assets/690/685022.pdf
2 https://www.justice.gov/eoir/file/oppm17-01/download
3 https://www.gao.gov/assets/690/685022.pdf
4 https://www.justice.gov/opa/speech/attorney-general-jeff-sessions-delivers-remarks-announcing-department-justice-s-renewed

**ALL INFORMATION CONTAINED WITHIN IS ON BACKGROUND, ATTRIBUTABLE TO AN EOIR OFFICIAL**

• EOIR is planning to pilot Video Teleconferencing (VTC) immigration adjudication centers (IACs), where IJs will adjudicate cases from around the country.

MAXIMIZING THE USE OF AVAILABLE ADJUDICATORY CAPACITY

Every Friday, there are at least 100 courtrooms nationwide that are not being used because of IJ alternate work schedules.

No Dark Courtrooms policy:
o Hiring new IJs for VTC courtrooms in Falls Church, VA o Utilize retired IJs to cover dark courtrooms

Establish nationwide scheduling and docketing standards to more efficiently move cases to completion.TRANSFORMING EOIR’S INSTITUTIONAL CULTURE AND INFRASTRUCTURE

EOIR is actively looking to replace its operations from a paper-based filing system to an electronic filing system.

Realign the agency towards completing cases.

Provide clear guidance to IJs about the timely adjudication of cases.

Placing more supervisory IJs in the field to improve oversight and ensure more effective implementation of strategies to reduce the caseload.ENHANCING PARTNERSHIPS WITH DHS

• Strengthen aspects of EOIR’s relationship with DHS will help improve docket efficiency and IJ productivity by managing the input of new cases and more efficiently monitoring cases that are delayed pending an adjudication before USCIS.

IMPROVING EXISTING LAWS AND POLICIES

• Review of existing EOIR regulations and policies to determine changes that could streamline current immigration proceedings (e.g. the OPPM on continuances issued on July 31, 2017; regulatory changes that will allow immigration judges to deny unmeritorious cases regardless if the annual limit for relief has been met).”

2. https://www.justice.gov/opa/press-release/file/1015996/download

AG’s Memorandum to EOIR. You’ll have to click to open.

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

While some of the measures appear at least facially appropriate, the overall tone of these documents is:

Heavy on enforcement and efficiency.
Light on Due Process and fairness to respondents.
An attempt to shift primary responsibility for the backlogs from the true causes — inappropriate political meddling at DOJ by this and past Administrations — known as Aimless Docket Reshuffling (“ADR”) — and shifting DHS enforcement strategies — to respondents and their attorneys (many of whom serve on a pro bono or “low bono” basis).
Over-emphasis on fraud as the cause of the backlogs.
Overall, not a very good day for “guaranteeing fairness and due process for all” — the “forgotten vision” of the U.S. Immigration Courts.

PWS

12-06-17

VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!

https://www.washingtonpost.com/world/national-security/arrests-along-mexico-border-drop-sharply-under-trump-new-statistics-show/2017/12/05/743c6b54-d9c7-11e7-b859-fb0995360725_story.html

Nick Miroff reports in the Washington Post:

“The number of people caught trying to sneak over the border from Mexico has fallen to the lowest level in 46 years, according to Department of Homeland Security statistics released Tuesday that offer the first comprehensive look at how immigration enforcement is changing under the Trump administration.

During the government’s 2017 fiscal year, which ended Sept. 30, U.S. border agents made 310,531 arrests, a decline of 24 percent from the previous year and the fewest overall since 1971.

The figures show a sharp drop in apprehensions immediately after President Trump’s election win, possibly reflecting the deterrent effect of his rhetoric on would-be border crossers; starting in May, the number of people taken into custody began increasing again.

Arrests of foreigners living illegally in the United States have surged under Trump. Immigration and Customs Enforcement officers made 110,568 such arrests between inauguration and the end of September, according to the figures published Tuesday, a 42 percent increase over the same period during the previous year.

Tom Homan, ICE’s temporary director and Trump’s nominee to lead the agency, praised the president and gave a vigorous defense of ICE’s more aggressive approach.

“This president, like him or love him, is doing the right thing,” Homan told reporters at a news conference in Washington, accompanied by the heads of the U.S. Border Patrol and Citizenship and Immigration Services.

“A 45-year low in border crossings? That’s not a coincidence,” Homan said. “That’s based on this president and his belief and letting the men and women of ICE and the Border Patrol do their job.”

[How Trump is building a border wall no one can see]

Trump’s sweeping promises to crack down on illegal immigration fueled his presidential campaign and are at the center of his most ambitious domestic policy proposals, including construction of a wall along the border with Mexico.

Asked whether such a barrier was justifiable given its high cost and the decline in illegal immigration, DHS officials endorsed the president’s plan.

“In this society, we use walls and fences to protect things. It shouldn’t be different on the border,” said Ronald Vitiello, chief of the Border Patrol.

Apprehensions by Border Patrol agents peaked at more than 1.6 million in 2000 and began falling substantially after 2008. The previous low point was 331,333 arrests, during fiscal 2015. Experts have attributed the decline to tougher U.S. enforcement, improving job prospects in Mexico and long-term demographic changes that have driven down the country’s birthrate.

3:32
On the U.S.-Mexico border, Trump supporters wait for th
Still, the drop in border arrests is among the sharpest year-to-year changes on record, one that only casts more doubt on the wisdom of building a border wall, said Doris Meissner, senior fellow at the Migration Policy Institute, a Washington think tank.

“It’s a throwback response to yesterday’s problems,” she said, arguing that the money would be better spent addressing what accounts for a growing share of illegal migration: families with children fleeing rampant violence and dismal poverty in Central America.

Border agents took more than 75,000 “family units,” classified as at least one child and a related adult, into custody during fiscal 2017. But the number of unaccompanied minors fell 31 percent, to 41,435.”

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

Read the complete article at the link.

This has to be what true greatness looks like! Imagine a world without those pesky undocumented workers to support our economy, our society, and our “American” way of life! That’s making America Great Again!

I’m sure future generations will be inspired by Homan’s humanity and wisdom as they pick produce or pound shingles in 100 degree heat, clean toilets, empty urine bags for the elderly and handicapped, clean tables, wash dishes, limb trees, shuck oysters, schlep concrete blocks, dig ditches, and, horror of horrors, take care of their own children while working full-time. Man, that’s going to be “America the Great” just as Trump, Sessions, Bannon, Miller, Homan, and others envision it!

And, the best part: we won’t have to worry about any of that burdensome, nasty “globalism” and the unfair burden of global leadership! That’s because the Chinese, Indians, Canadians, Mexicans, and Europeans will be in charge of the world economy and the Ruskies will control world politics. So we can enjoy our little White Nationalist enclave modeled on post-revolutionary Cuba — life in the 1950’s preserved forever! Save those “Classic ’57 Chevies!”

Kinda sorry I won’t be here to enjoy it! But, then again, I already lived through the real 1950’s once — Cold War, Jim Crow, segregation, anti-semitism, racial covenants, no women doctors, lawyers, or execs, African Americans only welcome on the football fields and basketball courts of a few Northern colleges! Boy, it was great! But, not sure I want to do it again, even to experience the pure, unadulterated joy of having “my Milwaukee Braves” win the 1957 World Series (before fleeing to Atlanta)!

On the flip side, at Homan’s “record pace” of “law enforcement,” he and his minions will have every single undocumented American resident removed from the U.S by 2080 — that’s if no more arrive in the interim. And, the really great thing — they and those around them (including U.S. citizen kids and family members) will be living in fear every moment for the next six decades! Now, that’s something of which we can be truly proud! Of course, this all assumes that the North Koreans don’t nuke us and the rest of the world out of existence first!

PWS

12-06-17

KELLY AIDE KIRSTJEN NIELSEN CONFIRMED AS DHS SEC!

https://www.washingtonpost.com/world/national-security/senate-confirms-kirstjen-nielsen-a-top-white-house-aide-to-lead-homeland-security/2017/12/05/65337056-d9fb-11e7-b859-fb0995360725_story.html

Nick Miroff reports for the Washington Post:

“The U.S. Senate voted Tuesday to confirm Kirstjen M. Nielsen as the next secretary of the Department Homeland Security, installing a close confidant of White House Chief of Staff John F. Kelly to lead the federal agency responsible for carrying out many of President Trump’s most ambitious domestic policy plans.

Nielsen, 45, developed a reputation for fierce devotion to Kelly as his deputy at the White House, and before that as his chief of staff at the Department of Homeland Security, which he ran from January until July.

An attorney and cybersecurity expert, Nielsen will be the first DHS secretary with previous experience working at the agency. Her confirmation Tuesday gives the White House a DHS chief well versed in the politics and policy goals of Trump’s immigration enforcement agenda.

“By confirming Ms. Nielsen’s nomination to lead the DHS, this Senate will take a serious step to strengthen our nation’s security,” Senate Majority Leader Mitch McConnell (R-Ky.) said in a statement.

“Ms. Nielsen will be charged with leading the department at a critical time,” he said. “With her understanding of the challenges facing our nation and her experience in prevention and preparedness, I believe that she will excel as the next Secretary of Homeland Security.”

Nielsen was confirmed 62 to 37, the narrowest margin ever to approve a DHS secretary. Though no GOP senator voted against her, the outcome reflected both intense opposition to Trump as well as doubts about Nielsen’s executive leadership experience and willingness to challenge the White House in the event of a disagreement.

Last month, a watchdog group filed an ethics complaint against Nielsen, after she used a private consultant who represents clients with millions of dollars in DHS contracts to help her navigate the confirmation process.”

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Read the full article at the link.

On paper, she appears qualified. But, so did Kelly. DHS is a mess. Those expecting any “enlightened leadership” or humanity from Nielsen are likely to be just as disappointed as they were with Kelly. I’d love to be wrong, but Nielsen is probably going to be as much of a Trump toady and Sessions parrot as her predecessor.

PWS

12-05-17

TAL @ CNN: MODERATE GOP REPS TURN UP PRESSURE ON RYAN FOR DACA RESOLUTION!

http://www.cnn.com/2017/12/05/politics/moderate-republicans-daca-letter-ryan/index.html

“Moderate Republican lawmakers push Ryan on DACA solution

By Tal Kopan, CNN

Moderate Republicans in Congress are seeking to lead on a possible solution for young undocumented immigrants, as a group on Tuesday pushed their leadership to reach a deal by the end of the year.

Thirty-four Republicans on Tuesday signed a letter to House Speaker Paul Ryan urging him that Congress should act “immediately” on a “permanent legislative solution for Deferred Action for Childhood Arrivals (DACA) recipients before the end of the year.”

On the Senate side, Arizona Sen. Jeff Flake told reporters Monday that he is working with Democratic Sens. Dick Durbin and Michael Bennet along with fellow Republican Sen. Cory Gardner to reach a bipartisan deal on DACA, a program that protects young undocumented immigrants brought to the US as children from deportation, which President Donald Trump is ending.

Flake said he spoke with the President last week about the issue and he was headed to the White House again on Tuesday for a meeting with Gardner and other senators and the President on year-end issues.

“I think his instincts on this are right,” Flake said Monday of Trump and past positive statements he’s made about preserving DACA legislatively. “He’s been pulled different directions by others who have an interest either in getting done or blocking it. So I think he’s getting pulled, but I think his instincts on this, I don’t say this about every issue, but I think his instincts on DACA are right.”

The moderate-led efforts come amid the lack of progress since Trump’s September announcement from leadership in reaching a deal and the increasing pressure from Democrats and a flank of the GOP to resolve the issue before Congress recesses for the holidays.

The letter calls for the “urgent matter” to be addressed with a “balanced approach that does not harm valuable sectors of our economy nor the lives of these hard-working young people” — a message to leadership that more conservative proposals pushed by the right flank of the party won’t get their support.

As reported by CNN, the letter was organized by the nascent Main Street Caucus and announced Tuesday by Virginia Rep. Scott Taylor, Washington Rep. Dan Newhouse and California Rep. Jeff Denham.

While the lawmakers said the letter should not be interpreted by a threat to make life difficult for Ryan or not support government funding bills without a DACA solution, 34 Republicans is more than enough to deny Republicans a majority, sending a signal to leadership about the sentiments of moderates.

“Before we take up the end of the year bills, we want Republican leadership to see how many Republicans are willing to put their names on the line,” California Rep. Jeff Denham said in a call with reporters. “We’re trying to show the economies of scale of the amount of members we have.”

“There should be no implied threat that’s perceived in this letter at all, whether we would be holding out a vote,” Newhouse said. “This is an issue that is strong on its own merits and the goal of the letter is to demonstrate to the leadership of our conference that the support is there and the urgency of the issue is real and it should be solved before the end of the year.”

As for why there are only 34 Republicans on the letter, Taylor said there are “numerous” others who would vote for a deal but couldn’t sign the letter publicly for various reasons.

“This is a strong statement, a strong showing of support on people who are willing to publicly put their name out there,” Taylor said.”

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As we all know, lot of things are supposed to be happening on the legislative front before the end of the year, including funding the Feds. So, this one is probably still ‘too close to call” for this year.

PWS

12-05-17

DUE PROCESS DENIED! — NIJC REPORT FINDS THAT DHS DETENTION IN OBSCURE LOCATIONS DEPRIVES MIGRANTS OF MEANINGFUL ACCESS TO COUNSEL! — This Is What Happens When We Enable The “American Gulag!”

http://www.immigrantjustice.org/research-items/report-what-kind-miracle-systematic-violation-immigrants-right-counsel-cibola-county

A new in-depth study by the National Immigrant Justice Center (“NIJC”) shows how the Administration is intentionally using detention to deny Constitutional Due Process of Law to some of the most vulnerable:

“Introduction

When Donald Trump was elected president, the immigration detention system was already mired in such dysfunction that it routinely threatened the lives of those trapped inside. More than a year later, the administration intentionally uses its broken network of hundreds of immigration jails to advance an agenda that prioritizes mass deportation above respect for basic rights. This report focuses on the Cibola County Correctional Center, a prison complex in rural New Mexico owned and operated by the private prison giant CoreCivic (formerly Corrections Corporation of America)¹ with the capacity to jail 1,100 immigrants facing deportation. Located far from any major urban center in a state with no immigration court, the prison has become a black hole of due process rights.

The National Immigrant Justice Center (NIJC) is particularly alarmed by the lack of meaningful access to counsel at the Cibola prison. Federal immigration law allows immigrants the right to counsel in deportation proceedings, but immigrants must locate and pay for it themselves. Immigrants detained in Cibola and many other immigration jails nationally are unable to avail themselves of this right because the capacity of nearby legal service organizations to provide representation is dwarfed by the need. An NIJC survey of legal service providers reveals that New Mexico and Texas immigration attorneys, at their maximum capacity, are only able to represent approximately 42 detained individuals at the Cibola prison at any given time — six percent of the jail’s population in April 2017. The due process violations occurring at Cibola and other Department of Homeland Security (DHS) prisons are the latest consequences of the Trump administration’s scheme to jail so many immigrants, and in such remote locations, that their right to representation is rendered meaningless.

An NIJC survey of legal service providers reveals that New Mexico and Texas immigration attorneys, at their maximum capacity, are only able to represent approximately 42 detained individuals at the Cibola prison at any given time – six percent of the jail’s population in April 2017.

In light of DHS’s systematic and willful rights violations, NIJC calls on the agency to close detention facilities like Cibola, where due process is non-existent given individuals’ lack of access to counsel, and demands that Congress immediately cut funding for DHS’s enforcement and detention operations. (See Recommendations.)

U.S. Immigration Detention National Average Daily Population From 1994 To 2017²

. . . .

The Future Of Immigration Detention: Why Cibola Matters

DHS paid little heed to the dearth of affordable legal services near Cibola when it entered its agreement with Cibola County and CoreCivic. Such a lapse is by no means new or unique. DHS has grown and maintained the immigration detention system in a manner incompatible with civil rights and due process protections.

In many ways, the Trump administration inherited an immigration detention system already riddled with abuse and neglect. Detained individuals, advocacy organizations including NIJC, and DHS’s Office of Inspector General have reported for decades on the profoundly inhumane conditions pervasive throughout the detention system, including: the excessive and arbitrary use of solitary confinement;²² inadequate, unsafe and spoiled food service;²³ abuse of force by officers;²⁴ and deaths attributable to medical negligence.²⁵ Rather than assess possible reforms to address these problems—as the non-partisan Homeland Security Advisory Council advised in late 2016²⁶—the Trump administration quickly implemented changes that exacerbated existing harms. Today, DHS jails approximately 40,000 immigrants daily —more than any administration in recent history²⁷— and holds them longer.²⁸ The administration has publicly embraced the use of prolonged detention for asylum seekers²⁹ and moved to weaken the standards governing conditions of detention.³⁰

The administration seems poised to duplicate Cibola throughout the country. Its goal is clear: by undermining detained immigrants’ access to counsel, the administration ratchets up its removal rates.

Immigrants in detention centers throughout the country face the same frustrations as those jailed at Cibola when they try to find a lawyer. Nationally, fewer than one in every five immigrants in detention is able to find a lawyer.³¹ The Los Angeles Times recently reported that about 30 percent of detained immigrants are jailed more than 100 miles from the nearest government-listed legal service provider,³² with a median distance between the facility and the service provider of 56 miles.³³

Access to counsel is important. Unrepresented, a detained immigrant, who often does not speak English, must develop her own legal arguments for relief eligibility, gather evidence that is often only available from within her country of origin (where she may fear for her own or her family’s safety), complete an application in English, and present a coherent presentation of her case to an immigration judge, all while a government-funded DHS prosecutor argues for her deportation.³⁴ Faced with such a daunting task, immigrants enduring the isolation of detention are far less likely than those living in the community to defend against deportation and less likely to win their cases when they do so. The psychological harms caused by detention, especially for those with previous histories of torture or trauma,³⁵ are so debilitating that even those with the strongest claims to legal protection in the United States often abandon the process and choose deportation instead.³⁶ Detained immigrants with lawyers are 11 times more likely to pursue relief and are at least twice as likely to obtain relief as detained immigrants without counsel.³⁷ A study analyzing the impact of appointed counsel for detained immigrants in New York City found a 1,100 percent increase in successful outcomes when universal representation became available..³⁸

There is no doubt that DHS knows what it is doing. NIJC’s 2010 report Isolated in Detention documented the due process crisis already unfolding in the immigration detention system. At that time, NIJC found that 80 percent of detained immigrants were held in facilities that were severely underserved by legal aid organizations, with more than 100 immigrants for every full-time nonprofit attorney providing legal services.”⁴⁰ The report presented eight recommendations to DHS and the Department of Justice to improve access to legal counsel for detained immigrants.⁴¹ Not one of the recommendations has been adopted or implemented by either agency.

Recently, DHS announced its interest in building new prisons in or near southern Texas; Chicago, Illinois; Detroit, Michigan; St. Paul, Minnesota; and Salt Lake City, Utah. The agency stated its goal was to increase the system’s capacity by up to 4,000 more beds.⁴²Legal aid organizations in these regions sent a letter to DHS explaining that they would have little or no capacity to provide meaningful access to counsel if the government carries out this expansion.⁴³ As of publication of this report, DHS has not responded to this letter nor contacted any of the organizations to assess access to legal counsel.

The administration seems poised to duplicate Cibola throughout the country. Its goal is clear: by undermining detained immigrants’ access to counsel, the administration ratchets up its removal rates.

When the administration flaunts its record rates of deportations, it is telling a story of what happens to immigrants like Christopher and hundreds of others at Cibola who face insurmountable barriers to justice, not describing a legitimate outcome of enforcement of United States law. Jailing immigrants during their deportation proceedings makes it significantly more likely they will be deported, regardless of the merits or strength of their defense to deportation. At Cibola and prisons like it throughout the United States, incarceration has become another weapon in the administration’s arsenal, intended to facilitate mass removals no matter the cost to due process or civil rights.

Recommendations

DHS must close detention facilities like Cibola, where due process is non-existent given individuals’ lack of access to counsel.

Congress must cut appropriated funds for immigration detention, in light of the civil rights and due process crisis within the system.

Specifically, Congress must:

Cease funding to detain individuals where there is no evidence of flight or security risk.

Engage in robust oversight to ensure that when DHS does utilize detention, funding is only available for facilities where there is sufficient access to legal counsel (an established immigration bar) and adequate health care for individuals in detention.

A Note On Methodology

For the survey cited in this report, the National Immigrant Justice Center (NIJC) undertook a census of all the attorneys we could identify who regularly practice immigration law in New Mexico and Texas. The intent was to determine 1) the number of attorneys available to take immigration cases out of the Cibola County Correctional Center and 2) the maximum number of cases each attorney could take at a given time. NIJC staff identified all attorneys in New Mexico who, as of July 2017, were members of the American Immigration Lawyers Association (AILA), the primary membership association for immigration attorneys in the United States (identified using the membership directory at http://www.aila.org/member-directory). Through informal conversations with AILA members and legal aid organizations, NIJC staff added other New Mexico- and Texas-based attorneys to the list who were identified as providing even minimal legal representation at Cibola. NIJC staff and interns reached out to each of these attorneys via email and telephone. NIJC communicated directly via phone or email with an attorney or authorized staff person at all but nine of the 60 offices on the final list. Each attorney was asked whether they were able and willing to provide legal representation to individuals detained at Cibola, for a fee or on a low-cost or pro bono basis, and if so approximately how many cases they could take at maximum capacity. The detailed results of this census are on record with NIJC.

In addition to these census questions, NIJC staff held more extensive interviews with staff members at the following nonprofit legal service providers: Catholic Charities of Southern New Mexico (Las Cruces, NM); Diocesan Migrant and Refugee Services (El Paso, TX); Instituto Legal (Albuquerque, NM); Las Americas Immigrant Advocacy Center (El Paso, TX); the New Mexico Immigrant Law Center (Albuquerque, NM); and Santa Fe Dreamers Project (Santa Fe, NM). Additionally, in June 2017 NIJC staff members visited the Cibola prison, where they spoke with 12 individuals detained at the facility whose insights inspired and contributed to this report. Notes from these conversations are on record with NIJC. Notes from all of these conversations are on record with NIJC.

Acknowledgements

The principal authors of this report are NIJC Director of Policy Heidi Altman and NIJC Director of Communications Tara Tidwell Cullen, with research and editing contributions from NIJC colleagues Keren Zwick, Diane Eikenberry, Mary Meg McCarthy, Claudia Valenzuela, Julia Toepfer, and Isabel Dieppa. NIJC interns Linda Song and Anya Martin also contributed to this report. Sincere thanks for insights and support from Jessica Martin and Rebekah Wolf of the New Mexico Immigrant Law Center, Allegra Love of the Santa Fe Dreamers Project, Yazmin Ruiz of United We Dream, and the detained immigrants whose experiences are described in this report.

All photos credit the National Immigrant Justice Center.”

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Read the complete report at the link.

NIJC confirms what most of us involved in the immigration justice system already know — that the Trump Administration has “doubled down” on the Obama Administration’s misguided detention policies to create an “American Gulag.” A key feature of the Gulag is using captive so-called “U.S. Immigration Courts” in prisons. Such “captive prison courts” actually are parodies of real independent courts empowered to require Due Process for migrants and adherence to the rule of law. Immigration detention is a national disgrace for which all of us should be ashamed.

But, don’t expect any improvement from the Trump Administration unless the Article III Courts require it or we get a different Congress at some point. (I note that a few Democrats have honed in on this issue and introduced the “Dignity for Detained Immigrants Act” which unfortunately is DOA in this Congress.) Given the performance of the Article IIIs to date in this area, and the Trump Administration’s “quietly successful” program to stock the Article IIIs with right-wing ideologues, I wouldn’t count on that either. On the other hand, I’ve seen even very committed conservative jurists reach their “breaking point” on Government immigration abuses once they become life-tenured Federal Judges and are no longer directly accountable to their right-wing “political rabbis.” Denial of statutory, Constitutional, and Human Rights sometimes crosses over ideological fault lines.

Kudos to my good friends and dedicated defenders of Due Process and Human Rights Heidi Altman and Diane Eikenberry of the DC Office of the of the NIJC/Heartland Alliance for their leadership role in exposing these continuing abuses and making a record for future generations to understand and hopefully act on our current failure to make “equal justice for all” a reality in America and the related failure of our U.S. Immigration Courts to live up to their commitment to use “best practices” to “guarantee fairness and due process for all.”

PWS

12-05-17

ICEMEN SQUARE OFF! – Internal Spat Roils Immigration Enforcers!

https://www.washingtonpost.com/local/immigration/president-trump-reached-out-to-an-ice-union-chief-over-feud-with-homan/2017/12/04/7a879cac-d528-11e7-95bf-df7c19270879_story.html

Maria Sacchetti reports for the Washington Post:

“Immigration and Customs Enforcement chief Thomas D. Homan and a vocal labor union that represents part of the agency’s workforce are both big fans of President Trump’s tough deportation policies. But they are increasingly at odds with each other.

Tensions spilled over in November when Trump nominated Homan to serve in the role permanently. The National ICE Council went public with allegations that the agency is “grossly mismanaged” and urged Trump to investigate. An ICE spokeswoman called the union’s claims “baseless” and said agency morale has increased nationwide since Homan took the helm in January.

Seeking to quell the controversy, Trump reached out to union president Chris Crane to set up a meeting. But the White House also says it steadfastly supports Homan, who is awaiting a Senate confirmation hearing and has backing from Republicans in Congress.

“The president nominated Tom Homan for his decades of experience and steadfast commitment to enforcing the law,” said Raj Shah, a White House spokesman. “He has earned the strong support of the rank-and-file ICE officers and will make an outstanding director.”

The dispute pits two of Trump’s loyal supporters against each other — the union that endorsed him for president and the top ICE official who defends his hard-line views. It is erupting as the White House is urging Congress to significantly expand the agency.

2:42
Trump said he would deport millions. Now ICE is in the spotlight.

(Monica Akhtar/The Washington Post)
Critics dismiss the union’s complaints as part of a long-running power struggle and say the allegations are either unsubstantiated or amount to isolated incidents in the sprawling federal agency. But union leaders, who represent 6,000 employees, say they are frustrated by what they call a failure by Homan and other top managers to stem misconduct in an agency that has little public oversight.”

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

Read the complete article at the link.

DHS appears to be an agency where the line cops have seized control of policies and basically do whatever they feel like doing in arresting folks and starting removal cases. No wonder there is a backlog in the U.S. Immigration Courts!

Interestingly, neither Trump’s nor Homan’s willingness to pander to “gonzo” enforcement appears to have appeased the troops. I have little doubt that there is unpunished “misconduct” at DHS.

For example, several recent reports by the DHS IG paint a picture of an agency suffering from bureaucratic incompetence and occasional lawlessness. But, that doesn’t seem to concern Trump and his followers. Indeed, several recent articles indicate that there have been nearly unprecedented internal attempts to suppress certain parts of the report on the implementation of the original Travel Ban and to impede the information from getting to Congress.

PWS

12-05-17

Dec 8 The Impact of Returning Children on Well-Founded Fear

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“Introduction

U.S. Immigration Detention National Average Daily Population From 1994 To 20172

The Future Of Immigration Detention: Why Cibola Matters

Recommendations

A Note On Methodology

Acknowledgements

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U.S. Immigration Detention National Average Daily Population From 1994 To 2017²