Family Detention, Raids, Expediting Cases Fail To Deter Scared Central Americans!

https://www.washingtonpost.com/world/national-security/central-americans-continue-to-surge-across-us-border-new-dhs-figures-show/2016/12/30/ed28c0aa-cec7-11e6-b8a2-8c2a61b0436f_story.html?utm_term=.077ef694fd73

“Immigration advocates have repeatedly criticized the Obama administration for its increased reliance on detention facilities, particularly for Central American families, who they argue should be treated as refugees fleeing violent home countries rather than as priorities for deportation.

They also say that the growing number of apprehended migrants on the border, as reflected in the new Homeland Security figures, indicate that home raids and detentions of families from Central America isn’t working as a deterrent.”

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The “enforcement only” approach to forced migration from Central America has been an extraordinarily expensive total failure. But, the misguided attempt to “prioritize” cases of families seeking refuge from violence has been a major contributing factor in creating docket disfunction (“Aimless Docket Reshuffling”) in the United States Immigration Courts.  And, as a result, cases ready for trial that should have been heard as scheduled in Immigration Court have been “orbited” to the end of the docket where it is doubtful they ever will be reached.  When political officials, who don’t understand the Immigration Court and are not committed to its due process mission, order the rearrangement of existing dockets without input from the trial judges, lawyers, court administrators, and members of the public who are most affected, only bad things can happen.  And, they have!

PWS

12/31/16

In Case You Missed It: It’s A Rainy Night In Georgia, Particularly If You Are An Asylum Applicant!

https://www.themarshallproject.org/2016/12/12/america-s-toughest-immigration-court?utm_medium=email&utm_campaign=newsletter&utm_source=opening-statement&utm_term=newsletter-20161212-654#.bKZwzlP91

Some of you have seen this before.  But, my good friend and former Georgetown Law colleague Heidi Altman of the National Immigrant Justice Center sent me this article by Christie Thompson of The Marshall Project which describes the dismal atmosphere for asylum applicants and their attorneys at the U.S. Immigration Court located at the Stewart County Detention Center in Lumpkin, Georgia.  Christie interviewed me for the article.  Here an excerpt:

“‘When people aren’t represented, how can you do a fair job?’ says Paul Wickham Schmidt, a former immigration judge and former chairman of the Board of Immigration Appeals. Isolating a few judges to see only detained cases, Schmidt says, also creates a culture where granting relief is the exception, not the rule. Locating detention centers in rural areas ‘seems more or less designed to discourage people from getting meaningful representation and fighting to stay in the U.S.’”

More on the tough situation for asylum seekers in the U.S. Immigration Courts located in Georgia in the preceding post.

“‘Rainy Night in Georgia’ is a song written by Tony Joe White in 1967 and popularized by R&B vocalist Brook Benton in 1970.”  See Wikipedia link below:

https://en.wikipedia.org/wiki/Rainy_Night_in_Georgia

PWS

12/29/16

Asylum Free Zones in the U.S. Examined by Inter-American Commission — Ignites Dialogue Pro and Con

http://immigrationimpact.com/2016/12/20/asylum-free-zones/

This article by Katie Shepard in Immigration Impact fueled a “spirited dialogue” among my long-time Lawrence University friend Thomas “The Mink” Felhofer, a retired Postmaster and U.S. Navy Veteran from Sturgeon Bay, WI; my former BIA colleague Hon. Lory D. Rosenberg; my former colleague, Retired U.S. Immigration Judge Bruce Einhorn, of Los Angeles, CA; and me.  For those interested, I’ve tried my best to recreate the back and forth (most of which occurred before the birth of immigrationcourtside.com) in the “Comments” section below.  Further dialogue is always welcome!

PWS

12/29/16

No Happy New Year For 65 Million Refugees — Here Are Three Horrible Situations Not Named Syria or Iraq!

http://www.huffingtonpost.com/entry/humanitarian-crises-2017_us_58641081e4b0de3a08f6ed8f

Michael Bowers Vice President of Humanitarian Leadership and Response, Mercy Corps, writes in WorldPost:

“The crises in Yemen, South Sudan and the Lake Chad Basin are just three of many that flew under the radar this year, and they are very likely to deteriorate in the year ahead. Despite chronically underfunded responses, Mercy Corps is tackling all three humanitarian crises, helping more than 1 million people with food, water and sanitation, hygiene and other types of support.

We hope that in 2017, in an increasingly interconnected world, closer attention is paid to the stories of the many millions of people struggling every day just to survive and find solutions to build a brighter future for themselves and their children.”

As I have said many times before, including on this Blog:  Every morning when I wake up, I am thankful for two things.  First, that I woke up, never a given at my age.  Second, I’m thankful that, through pure good fortune and no personal merit on my part, I am not a refugee.

PWS

12/29/16

From Huffington Post: Here Is What Life (For those Lucky Enough to Survive) is Like in Rivera Hernandez, Honduras, One of the Most Dangerous Places in the World, Where the U.S. State Department and the USAID Are Working to Reduce Migration Push Forces At Their Roots — How Dangerous Is The Gang Violence That Forces Families to Flee to the US? — Check Out This Quote (Not For the Squeamish)!

http://www.huffingtonpost.com/entry/honduras-gang-violence-teenagers_us_585d6274e4b0d9a59458288d

“It’s Christmas week in Rivera Hernandez, a place that’s been described as one of the most dangerous neighborhoods in the world. How dangerous? About two weeks ago, and not that far from this street party, a young woman’s seminude body was found underneath a tree ― just her body. The 18-year-old’s head was resting on a branch a few feet above her corpse. The neighborhood consensus, whispered quietly, is that this latest horror was most likely a message from one of the five gangs that have divided much of Rivera Hernandez into fiefdoms.”

No wonder families are making the dangerous journey to seek asylum in the U.S.  And, not surprisingly, they aren’t “deterred” by walls, fences, detention centers, asylum denials, removals, or the dangers of the journey.  Not to mention that individuals fleeing for their lives have a right under U.S. and international law to seek asylum at our borders or within the U.S.

I had plenty of situations involving fears of this type of grotesque harm, in Central America and elsewhere, come before me at the Arlington Immigration Court and the BIA.  Yes, it would be great if there were more efforts like the State Department/USAID programs described here to solve the root causes of migration and create incentives for individuals to remain in, and prosper, in their home countries.  But, that’s going to take a much larger investment than we’ve made to date.

PWS

12/25/16

NYT and WSJ Articles Highlight Continuing Persecution of Coptic Christians in Egypt

http://www.nytimes.com/2016/12/22/opinion/egypts-cruelty-to-christians.html?_r=

http://www.wsj.com/articles/trumps-opportunity-saving-coptic-christians-1482363152

I granted some Coptic Christian cases in Arlington.  Very nice people with an interesting and inspiring history.  The only problem I ever had was that every Coptic Christian wanted to tell me the complete history of Coptic Christianity — not a good “fit” for a “three hour slot.”  I soon went to “proffers” of evidence as the cases were all well-documented and supported by the country background materials on Egypt.

I fully agree with Mr. Tadros that Egypt’s loss is our gain.  As he suggests, it would be great if President Trump could help protect and improve the situation of these long-suffering people.

PWS

12/22/16