THE GIBSON REPORT — 11-27-17

GIBSON REPORT, 11-27-17

HEADLINES:

“TOP UPDATES

 

Decision to terminate the TPS designation for Haiti

DHS: “Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. This decision follows then-Secretary Kelly’s announcement in May 2017 that Haiti had made considerable progress, and that the country’s designation will likely not be extended past six months.”

 

The “Sanctuary” Battle Continues: Court Permanently Enjoins Executive Order Sanctuary Provisions

ImmProf: “A federal judge has permanently blocked President Donald Trump’s executive order to cut funding from “sanctuary cities,” cities that limit cooperation with U.S. immigration enforcement authorities.   U.S. District Court Judge William Orrick issued the ruling [] in lawsuits brought by two California counties, San Francisco and Santa Clara. Judge Orrick said Trump cannot set new conditions on spending approved by Congress.  The ruling is here.  Download Summary-Judgment

 

Debate over whether DACA will be addressed in spending bill

CNN: “Durbin and Graham remained flexible as to whether the immigration deal would decide their votes. If Congress is unable to pass a spending bill by midnight on December 8, the government will shut down.”

See also: With chances of immigration deal fading, Dreamer supporters mount big push

 

How Trump is building a border wall that no one can see

WaPo: “Across agencies and programs, federal officials are wielding executive authority to assemble a bureaucratic wall that could be more effective than any concrete and metal one.”

 

Police in Trump-supporting towns aid immigration officials in crackdown

Reuters: “Dozens of police departments in the United States have been granted new powers, or are seeking them, to check the immigration status of people they arrest, aiding President Donald Trump’s broad crackdown on people living in the country illegally.”

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·                4/30/17 Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)

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PWS

11-27-17

GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!

https://www.washingtonpost.com/world/national-security/while-eyes-are-on-russia-sessions-dramatically-reshapes-the-justice-department/2017/11/24/dd52d66a-b8dd-11e7-9e58-e6288544af98_story.html?utm_term=.6b27aa9221e3

“For more than five hours, Attorney General Jeff Sessions sat in a hearing room on Capitol Hill this month, fending off inquiries on Washington’s two favorite topics: President Trump and Russia.

But legislators spent little time asking Sessions about the dramatic and controversial changes in policy he has made since taking over the top law enforcement job in the United States nine months ago.

From his crackdown on illegal immigration to his reversal of Obama administration policies on criminal justice and policing, Sessions is methodically reshaping the Justice Department to reflect his nationalist ideology and hard-line views — moves drawing comparatively less public scrutiny than the ongoing investigations into whether the Trump campaign coordinated with the Kremlin.

Sessions has implemented a new charging and sentencing policy that calls for prosecutors to pursue the most serious charges possible, even if that might mean minority defendants face stiff, mandatory minimum penalties. He has defended the president’s travel ban and tried to strip funding from cities with policies he considers too friendly toward undocumented immigrants.

Attorney General Jeff Sessions during a House Judiciary Committee hearing on Nov. 14. (Alex Brandon/AP)

Sessions has even adjusted the department’s legal stances in cases involving voting rights and lesbian, gay, bisexual and transgender issues in a way that advocates warn might disenfranchise poor minorities and give certain religious people a license to discriminate.

Supporters and critics say the attorney general has been among the most effective of the Cabinet secretaries — implementing Trump’s conservative policy agenda even as the president publicly and privately toys with firing him over his decision to recuse himself from the Russia case.

. . . .

In meetings with top Justice Department officials about terrorist suspects, Sessions often has a particular question: Where is the person from? When officials tell him a suspect was born and lives in the United States, he typically has a follow-up: To what country does his family trace its lineage?

While there are reasons to want to know that information, some officials familiar with the inquiries said the questions struck them as revealing that Sessions harbors an innate suspicion about people from certain ethnic and religious backgrounds.

Sarah Isgur Flores, a Justice Department spokeswoman, said in a statement, “The Attorney General asks lots of relevant questions in these classified briefings.”

Sessions, unlike past attorneys general, has been especially aggressive on immigration. He served as the public face of the administration’s rolling back of a program that granted a reprieve from deportation to people who had come here without documentation as children, and he directed federal prosecutors to make illegal-immigration cases a higher priority. The attorney general has long held the view that the United States should even reduce the number of those immigrating here legally.

In an interview with Breitbart News in 2015, then-Sen. Sessions (R-Ala.) spoke favorably of a 1924 law that excluded all immigrants from Asia and set strict caps on others.

“When the numbers reached about this high in 1924, the president and Congress changed the policy and it slowed down immigration significantly,” Sessions said. “We then assimilated through 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

Vanita Gupta, the head of the Justice Department’s civil rights division in the Obama administration who now works as chief executive of the Leadership Conference on Civil and Human Rights, said Sessions seems to harbor an “unwillingness to recognize the history of this country is rooted in immigration.”

“On issue after issue, it’s very easy to see what his worldview is of what this country is and who belongs in this country,” she said, adding that his view is “distinctly anti-immigrant.”

Those on the other side of the aisle, however, say they welcome the changes Sessions has made at the Justice Department.

Jessica Vaughan, director of policy studies for the Center for Immigration Studies, which advocates for moderating levels of immigration, said she would give the attorney general an “A-plus” for his work in the area, especially for his crackdown on “sanctuary cities,” his push to hire more immigration judges and his focus on the MS-13 gang.

“He was able to hit the ground running because he has so much expertise already in immigration enforcement and related public safety issues and the constitutional issues, so he’s accomplished a lot in a very short time,” Vaughan said.”

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Read the compete article, which deals with much more than immigration, at the link.

Immigrants, refugees, immigration advocates, and career civil servants involved in immigration at the DOJ seems to be “star-crossed.” After decades of relative indifference to the importance of immigration, an Attorney General finally shows up  who makes it his highest priority.

Only problem is that he’s a committed xenophobe and White Nationalist whose largely false and exaggerated narrative on immigration comes right from the alt-right restrictionist playbook and harks back to the Jim Crow era of the American South — only this time with Hispanics and Muslims as the primary targets.

In any “normal” American business, obsession with tracing back lineage of someone’s family would be prima facie evidence of prohibited “national origins discrimination.” But, for Gonzo, it’s just another day at the office.

Notwithstanding his less than stellar performances before Congress and that he’s fallen off Trump’s “A-Team” (notwithstanding probably doing more to deconstruct the Constitution and “Good Government” than any other cabinet officer), he’s unlikely to be going anywhere soon. So the damage will continue to add up for the foreseeable future. It’s not like Senator Liz Warren and others didn’t try to warn America about this dude!

Meanwhile, perhaps not to be outdone, over at the U.S. State Department, Secretary of State Rex Tillerson is proceeding to deconstruct the Career Foreign Service and reduce the Stated Department and our Diplomatic Corps to “administrative roadkill.” You can read about that debacle in this NY Times article:

https://www.nytimes.com/2017/11/24/us/politics/state-department-tillerson.html

PWS

11-26-17

 

FEAR AND LOATHING IN ATLANTA: The Worst Place In America To Be Undocumented?

https://www.nytimes.com/2017/11/25/us/atlanta-immigration-arrests.html

Vivian Yee writes in the NY Times:

“CHAMBLEE, Ga. — Not many notice when the SUVs arrive.

Around 5 a.m., when the immigration agents pull into the parking lot of the Chamblee Heights apartments, 16 miles from downtown Atlanta, only one person is on the lookout.

Cristina Monteros catches sight of the cars with the telltale tinted windows from her small apartment near the front, where she runs a day care, and calls her downstairs neighbor: ICE is here.

The neighbor dials another, who passes it on. It takes less than 15 minutes for everyone in the complex to hear about “la migra,” whereupon they shut their doors and hold their breath. Some show up late to work, and others skip it altogether. The school bus might leave some children behind.

“It’s just us helping each other out,” said Ms. Monteros, 35. “There’s fear every day.”

Few places in the United States have simultaneously beckoned undocumented immigrants and penalized them for coming like metropolitan Atlanta, a boomtown of construction and service jobs where conservative politics and new national policies have turned every waking day into a gamble.

President Trump has declared anyone living in the country illegally a target for arrest and deportation, driving up the number of immigration arrests by more than 40 percent this year. While the Obama administration deported record numbers of undocumented immigrants, it directed federal agents to focus on arresting serious criminals and recent arrivals. The current administration has erased those guidelines, allowing Immigration and Customs Enforcement agents to arrest and deport anyone here illegally.

Freed of constraints, the regional ICE office in Atlanta made nearly 80 percent more arrests in the first half of this year than it did in the same period last year, the largest increase of any field office in the country.

It has had help. Local sheriffs and the police have been working with federal agents to identify and detain immigrants, a model of cooperation that the Trump administration is rapidly trying to expand throughout the country.

Every few hours, an unauthorized immigrant is booked into a county jail on charges as serious as assault and as minor as failing to signal a right turn. Then the jail alerts ICE — contrary to what happens in the so-called sanctuary cities repeatedly denounced by Mr. Trump, where local authorities refuse to turn immigrants over to the federal agency except in cases involving the gravest crimes.

Atlanta’s immigrants can do little but hide. At strip-mall taquerias and fruit stands, business has lagged. Word of the arrests flows through neighborhood phone trees, and Facebook has become an early-warning system for people desperate for clues about where ICE is operating. All around the metropolitan area, cabs and Uber cars are picking up immigrants who know driving their own cars may get them no further than detention.

. . . .

An analysis of one month of Gwinnett County jail records from this summer shows that 184 of the 2,726 people booked and charged at the jail were held for immigration authorities. Almost two-thirds of those detained for ICE had been charged with a traffic infraction such as failing to stay in their lane, speeding or driving without a license. Others were booked on charges including assault, child molestation and drug possession.

Advocates for immigrants have accused officers in 287(g) counties of targeting Hispanic drivers, a claim local police have denied.

“Local law enforcement is just chasing Latinos all over the place for tiny traffic infractions,” said Adelina Nicholls, the executive director of the Georgia Latino Alliance for Human Rights.

But to Butch Conway, the longtime sheriff of Gwinnett County, there is no reason his deputies should not turn in immigrants caught driving without a license. They are, after all, doubly breaking the law.

“I find it offensive that they just thumb their nose at our laws and operate vehicles they are not licensed to operate,” Mr. Conway said in a 2010 interview, “on top of the fact that they are here illegally.” (Through a spokeswoman, he declined to comment for this article.)

In nearby Cobb County, Maria Hernandez, a school janitor from Mexico, was arrested while driving home from work one night in May. An officer conducting a random license tag check, a common practice in some police departments, had determined through a state database that the tag had been suspended because the car lacked insurance. After pulling over Ms. Hernandez, the officer then discovered she had no driver’s license.

Her boss tried to bail her out of the Cobb County jail, but was told that the money would go to waste: She was headed to immigration detention, where she would spend three days trying to explain that she was a single mother with a sick child. Estefania, her 13-year-old daughter, was being treated for depression after a suicide attempt.

Ms. Hernandez was released, given an ankle monitor and told to report back with a plane ticket. (A lawyer has helped delay the deportation.)

Her car, in fact, was insured; the officer had called in the wrong license tag, according to a Cobb County Police Department spokesman, Sgt. Dana Pierce.

Sergeant Pierce said it made no difference, given Ms. Hernandez’s lack of a driver’s license. Generally, “there is no singling out of any race, creed, color, religion or anything else,” the sergeant said.

But by the time the mistake was discovered, it was too late. Ms. Hernandez was already being booked into the county jail.”

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Read Yee’s complete article at the link.

As has been noted before on this blog, the U.S. Immigration Courts in Georgia also have the reputation of being most anti-migrant in the country.

PWS

11-26-17

GONZO’S WORLD: “MINISTRY OF INJUSTICE” — How Gonzo Is Successfully Draining Justice From The Department Of Justice

https://www.nbcnews.com/think/opinion/jeff-sessions-slowly-surely-undoing-america-s-criminal-justice-progress-ncna823126

James Braxton Peterson reports for NBC News:

“The Russia investigation may be undercutting Attorney General Jeff Sessions’ credibility, but it has not undermined his efforts to take the U.S. Justice Department back in time.

The time Sessions wants to go back to features an unforgiving system of mass incarceration that disproportionately targets people of color in a legal structure too often stacked against them.

To do this, the attorney general has issued a slew of policy rollbacks — unfortunate for a Justice Department that was only incrementally making progress toward equal justice under President Barack Obama and Attorney General Eric Holder.

In this sense, Sessions’ Justice Department might be the most effective unit of the Trump administration. If Trumpism’s goal is, at least in, part to destroy the progress achieved under the Obama administration, Sessions’ scorecard so far outstrips his GOP colleagues in the Cabinet and former colleagues in the Senate.

In March, for example, the nation’s top law enforcement officer visited St. Louis, next-door to Ferguson, ground zero for the Black Lives Matter movement. Sessions was in St. Louis talking about crime initiatives but also seeming to criticize one of the most useful tools for documenting police brutality: civilian cell phone videos. The choice of venue could not have been a coincidence. By focusing on “targeted police killings,” he deflected attention from the challenges now confronting law enforcement.

In fact, Sessions has had little to say on how the Justice Department might address matters of police brutality, much less on the matter of Black Lives Mattering. Instead, he has mostly showcased President Donald Trump’s belief that strong policing and incarceration are key to maintaining law and civil order.

. . . .

It is as if Sessions’ Justice Department is operating on a set of alternative facts. Because the statistics are well known: Whites and blacks use and sell drugs at roughly the same rates, and African Americans make up roughly 13 percent of the U.S. population. Yet law enforcement records are remarkably different for each demographic. According to Human Rights Watch: “Black adults are more than two-and-a-half times as likely as white adults to be arrested for drug possession. In 2014, Black adults accounted for just 14 percent of those who used drugs in the previous year but close to a third of those arrested for drug possession.” In many states, a felony conviction also means losing the right to vote.

It is as if Sessions’ Justice Department is operating on a set of alternative facts.

Sessions looks eager to re-open the “war on drugs” — or, more appropriately, the war on poor people who use drugs. No available metric on this decades-long war shows any significant success in limiting access to drugs in the United States or in reducing addiction to controlled substances.

What the “war on drugs” has been good at is: stigmatizing poor people afflicted with the disease of addiction; profiling black and brown folks and arresting them at rates exponentially greater than their white counterparts; and creating revenue streams for the Prison Industrial Complex.

. . . .

Sessions’ success will be key if Trump wants to make good on his law-and-order promises.

Sadly, it is working. The Justice Department is slowly transforming into an injustice department right before our eyes.

Mass incarceration, its impact on families and communities and the often racially biased ways in which its policies operate is still one of the most pressing human rights issues of our time. It’s a shame that, in the era of Trump, we are unable to effectively address the challenges we face.

James Braxton Peterson is the author of three books, including “Prison Industrial Complex for Beginners.”

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Read Peterson’s full article at the link.

Peterson doesn’t even get into Gonzo’s brazen attacks on justice for Latinos, immigrants, Dreamers, refugees, LGBTQ individuals, so-called “Sanctuary Cities,” lawyers, reporters, Federal Judges, critics of the Administration, forensic science, private property, or users of legalized marijuana. And, he only mentions in passing Gonzo’s disingenuous statements on Russia and his lackadaisical handling of the real threats Russia poses to our national security. Grim as Peterson’s article is, it actually substantially understates the true carnage that Gonzo is inflicting on our Constitution and our system of justice. It could turn out to be irreparable!

Senator Liz Warren was right!

PWS

11-24-17

LOCAL “DREAMERS” FILE SUIT OVER DHS’S UNFAIR RENEWAL POLICIES!

https://www.washingtonpost.com/local/public-safety/lawsuit-argues-dreamers-unfairly-lost-chance-to-renew-legal-status/2017/11/21/99712c46-ce0c-11e7-a1a3-0d1e45a6de3d_story.html?utm_term=.8dd03195afb6

Rachel Weiner reports in the Washington Post:

“At 26, Nurimaro Park was living paycheck to paycheck, helping support his undocumented parents on a tutor’s salary. So when his work permit expired in May, he waited to renew it because the rules allowed for that. He needed time to save up the $495 fee.

Now, he and thousands of others who let their Deferred Action for Childhood Arrivals permits expire are without legal status in the United States. He and another young immigrant in Northern Virginia are suing the Trump administration in federal court in Alexandria, saying their due process rights have been violated.

“You can’t change the rules on someone without giving them a heads-up first,” said Simon ­Sandoval-Moshenberg, an attorney for the Legal Aid Justice Center representing the two.

Until September, DACA recipients, known as “dreamers,” could file a renewal of their two-year permits up to a year after expiration, a policy laid out on the U.S. Citizenship and Immigration Services website.

“Money is a huge issue; $495 is hard to save up,” said Park, who lives with his parents in Fairfax County. “You have a year of grace period . . . and I was taking advantage of that.”

Nurimaro Park meets with his attorney, Simon Sandoval-Moshenberg, right. (Michael Robinson Chavez/The Washington Post)

Then, on Sept. 5, Attorney General Jeff Sessions announced that the program would end in six months. Although immigrants whose permits are set to expire before March 5 were given the chance to renew them one last time, anyone whose permit had already expired could not.

The DACA program, created by President Barack Obama in 2012, allowed hundreds of thousands of immigrants brought to the United States as children to work legally and attend college.”

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Read the complete article at the link.

Fresh off a big victory on bonds in Romero v. Evanshttps://wp.me/p8eeJm-1JD

Simon ­Sandoval-Moshenberg, and the Legal Aid Justice Center are out to correct another injustice. Not surprisingly, Attorney General Jeff “Gonzo Apocalypto” Sessions and his “Anti-Dreamer Crusade” are at the center of this controversy.

 

PWS

11-22-17

DETENTION/BOND: THE “NEW DUE PROCESS ARMY” WINS A BIG ONE IN THE EDVA – Judge Brinkema Orders Individualized Bond Hearings For Four Individuals With “Reinstated” Removal Orders Now In “Withholding Only Proceedings!” — Romero v. Evans, ___ F. Supp. 3d ___, 2017 WL 5560659 (EDVA 11-17-17) (published)

Romero v. Evans, ___ F. Supp. 3d ___, 2017 WL 5560659 (EDVA 11-17-17) (published)

U.S. District Judge Leonie M. Brinkema

ATTORNEYS FOR RESPONDENTS: Ivan Yacub, Yacub Law Office, Woodbridge, VA, Nicholas Cooper Marritz, Legal Aid Justice Center, Falls Church, VA, Simon Yehuda Sandoval–Moshenberg, Simon Sandoval Moshenburg, Falls Church, VA, Rachel Colleen McFarland, Legal Aid Justice Center, Charlottesville, VA, Mark Alastair Stevens, Murray Osorio PLLC, Fairfax, VA, for Cristian Flores Romero, et al., Petitioners

KEY QUOTES (From Westlaw Version):

“Moreover, Congress clearly intended to have § 1231 govern only the final logistical period, in which the government has actual authority to remove the alien and need only schedule and execute the deportation. Congress has specifically limited the normal “removal period” to 90 days, a limitation that makes sense if the removal period is only meant to govern the final logistical steps of physically removing an alien. Based on the length of petitioners’ detentions to date, it is obvious that withholding-only proceedings take substantially longer than 90 days. As such, it would be contrary to congressional intent to shoehorn a class of aliens whose proceedings will typically far exceed 90 days into the “removal period” for which Congress has specifically intended a 90–day limit.”

. . . .

All told, this petition presents a difficult question of statutory interpretation. Although respondents’ arguments have some merit, petitioners’ position, which attempts to harmonize § 1226 and § 1231 by locating the dividing line between the two sections as the moment when the government has final legal authority to remove the alien, better accords with the text, structure, and intent of the relevant provisions. Accordingly, the Court concludes that petitioners are detained under § 1226(a), not § 1231, and therefore are entitled to individualized bond hearings. For the reasons stated above, respondents’ Motion to Dismiss in Part will be granted, petitioners’ Motion for Summary Judgment will be granted, and respondents’ Motion for Summary Judgment will be denied by an appropriate Order to be issued with this Memorandum Opinion.”

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Those with full Westlaw and/or PACER access can get Judge Brinkema’s full opinion at those sites.

There were quite a few of these “Withholding Only” cases on the Detained Docket when I was at the Arlington Immigration Court. I imagine there are even more now. So, this decision could have a major impact.

Judge Brinkema noted quite correctly that withholding-only proceedings take substantially longer than 90 days.” In other words, “real due process” can’t be rolled off the “judicial assembly line” like it is in some Border Detention Courts where most of the respondents are unrepresented and many are essentially “duressed” by prolonged detention in poor conditions, intentional lack of access to legal assistance, and orchestrated inaccessibility of material evidence into giving up viable claims for protection under our laws.

Nice work by the NDPA “Legal Team!” I know each of the attorneys personally from their work in my courtroom, my classroom, or my “CLE outreach” since retirement. This just continues to demonstrate how “good lawyering” from “outstanding attorneys” can turn potential losers into “winners.”

That’s why the “Sessions Proposals” to “speed up” the U.S. Immigration Judges and put more roadblocks in the way of pro bono legal representation and full due process hearings are so invidious. We need an independent Article I Immigration Court fully committed to Constitutional Due Process! And, we need it now!

PWS

11-22-17

THE GIBSON REPORT – 11-20-17

THE GIBSON REPORT – 11

HERE ARE THE HEADLINES:

THE GIBSON REPORT – 11-20-17

 

TOP UPDATES

 

Latest Asylum Denial Rates for Each Immigration Court Judge

TRAC: “TRAC has just published the tenth in its long running series of reports covering each Immigration Judge’s decisions on asylum cases. The latest report series consists of 293 separate reports and includes each Immigration Judge who decided at least 100 asylum cases at their court between FY 2012 and FY 2017.”

 

In Reversal, Immigration Agency Will Consider Delayed DACA Requests

NYT: “After nearly 100 applications to renew permits that let immigrants stay and work in the United States legally were rejected because they had been delayed in the mail, the United States Citizenship and Immigration Services agency last week said nothing could be done; the decisions were final. But on Wednesday, the agency reversed its position.”

 

NYC Council and Mayor pass ban on ICE on private city property

NYC: “Mayor Bill de Blasio [ ] signed into law Introductions 486-A and 487-A, dramatically limiting New York City’s cooperation with overbroad federal immigration enforcement practices, except in instances where there are public safety concerns. The two bills also end the presence of Immigration and Customs Enforcement (ICE) at Rikers Island and all City facilities.”

 

IDP InfoGraphic on ICE Courthouse Arrests in 2017

IDP: “Since the beginning of 2017, IDP has been closely monitoring ICE activity in state courts, and has seen a significant escalation in ICE arrests and attempted arrests in and around criminal, family, and civil courts throughout New York State and nationwide.”

 

USCIS Is Receiving a Record Number of Citizenship Applications

AIC: “The average processing time for United States citizenship applications used to take five to seven months – already a lengthy timeline for immigrants waiting to get their citizenship vetted and approved. A spike in applications before and after the 2016 presidential election has caused that wait time to double.”

 

Canada fears a huge rush of asylum seekers if their U.S. protected status is lifted

WaPo: “In addition to the new signs on the border, the Canadian government said it is increasing its outreach in communities in the United States that are likely to be affected. It also plans to send Spanish- and Creole-speaking members of Parliament to Los Angeles and Miami to meet community leaders and explain Canadian asylum rules. Canada’s 12 consulates in the United States have also been recruited to spread the message that asylum is not automatic.”

 

New BXDA Supp B procedure Requires G-28

All FUTURE requests for certification of the U Nonimmigrant (U –Visa) I-918 Supplement B Form WILL ONLY BE PROCESSED WHEN RECEIVED directly via email to BxdaUVisa@Bronxda.nyc.gov OR via U.S. Mail to:

Office of the Bronx District Attorney

ATTN: U-Visa Coordinator

198 East 161st Street

Bronx, New York 10451

All requests must include the following: I-918 Supplement B Form, Authorization Form, G–28 Form (Notice of Entry of Appearance as Attorney or Accredited Representative). Please DO NOT send any request and or inquires to Bximmigrant@Bronxda.nyc.gov.

 

Illegal alien indicted for hampering with ankle monitor

ICE: “An illegally present Mexican national was indicted in federal court Wednesday on a charge that he connived or conspired or took any other action designed to prevent or hamper, and with the purpose of preventing and hampering, his departure pursuant to the final order of removal. He was also indicted for illegal reentry after removal.”

 

ACTIONS

 

Survey on Communities Targeted for alleged “gang activities”: NYIC and the CUNY INRC are partnering to create community education materials that are fully accessible to impacted communities, who are increasingly being targeted by immigration enforcement and police for alleged “gang-related” activities. To that end, they have created a survey for legal service providers and advocates working with directly impacted communities.

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PWS

11-21-17

 

US IMMIGRATION COURTS MAKE DEADLY MISTAKES: 6th CIRCUIT STOPS BIA, IJ, DHS FROM APPLYING WRONG STANDARDS TO SEND JORDANIAN WOMAN BACK TO TORTURE AND HONOR KILLING! — KAMAR V. SESSIONS, 6th CIR., PUBLISHED — While Sessions Babbles On With False Anti-Asylum Narrative & Bogus Need To Deport Law-Abiding Long-Time US Residents, He Administers a “Court System” That Denies Constitutional Due Process & Ignores Correct Legal Standards In Life Or Death Cases!

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Kamar v. Sessions, 11-17-17, published

PANEL: MERRITT, MOORE, ROGERS, CIRCUIT JUDGES

OPINION: JUDGE MERRITT

KEY QUOTES:

“We now address, under the substantial evidence standard, the question of whether Kamar will be persecuted by threat of death if she returns to Jordan, which is relevant to both withholding under the Act and relief under the Convention. Kamar testified at the merits hearing that her cousins, specifically Alias, want to restore their family’s honor by killing her, and her sister confirmed this. She knows this because of letters she received and communications with family and friends. The Board expressly found Kamar to be credible. On remand, the IJ concluded the letter from Alias was not credible and did not facially threaten Kamar. The IJ reasoned that even if it was credible, there was no indication that Alias knew that Kamar had gotten married and might not want to kill her anymore. The IJ found that the intent to kill Kamar was expressed only through an “ambiguous” comment in the letter from Kamar’s mother. The Board agreed that Kamar did not establish that her fear of persecution was objectively reasonable. The probability of harm occurring in these cases is an inference based on facts in the record. Considering the evidence, it is hard to reconcile these findings with the Board’s conclusion that even if Kamar had a subjective fear of persecution, this fear was not objectively reasonable. There is nothing to cast doubt on Kamar’s testimony. Even if the letter from Alias is not considered, the letter from Kamar’s mother states that Alias wishes to kill Kamar even if it is his last act on earth, and credible testimony confirms this. Nothing indicates that Alias does not still intend to carry out the honor killing. Both Kamar and her sister testified that it did not matter that Kamar married her second husband because Alias knows that she had sexual relations outside of marriage and believes that she committed adultery. The record overwhelming supports the finding that she will be persecuted if she returns.

Finally, we consider whether the Jordanian government would be “unwilling or unable” to protect Kamar from harm. In the country reports in the record, it has been established that governors in Jordan routinely abuse the law and use imprisonment to protect potential victims of honor crimes. These victims are not released from imprisonment unless the local governor consents, the victim’s family guarantees the victim’s safety, and the victim consents. One non-governmental organization has provided a temporary, unofficial shelter as an alternative.

On the other hand, successful perpetrators of honor killings typically get their sentences greatly reduced. Additionally, if the victim’s family, who is usually the family of the alleged perpetrator as well, does not bring the charges, the government dismisses the case. See also Sarhan, 658 F.3d at 657 (“After reviewing the evidence of the Jordanian government’s treatment of honor crimes, we conclude that . . . the government is ineffective when it comes to providing protection to women whose behavior places them in the group who are threatened with honor killings.”).

The Board’s decision outlined the Jordanian government’s efforts to combat honor crimes, including placing potential victims in “protective custody.” As the Ninth Circuit concluded in an analogous case, “This observation omits the fact that such protective custody is involuntary, and often involves extended incarceration in jail.” Suradi v. Sessions, No. 14-71463, 2017 WL 2992234, at *2 (9th Cir. July 14, 2017). While victim protection is necessary, incarceration is an insufficient solution. This practice is akin to persecuting the victim as she “must choose between death and an indefinite prison term.” Sarhan, 658 F.3d at 659. Further, nothing in the record suggests that the country conditions in Jordan have changed such that the government will be able to adequately protect Kamar from being killed. This showing satisfies both of the standards for finding governmental action for purposes of withholding of removal under the Act and also those for protection under the Convention, as it amounts to “pain or suffering” that is inflicted with the acquiescence of a public official or a person acting in an official capacity.

We do not address whether Kamar can safely relocate to escape persecution, which is also relevant to withholding of removal and protection under the Convention. The Board did not mention relocation, and the parties’ briefs do not address the issue. Like the particular social group inquiry, the issue of safe relocation must be addressed in the first instance by the Board. Gonzales v. Thomas, supra.

Substantial evidence does not support the Board’s refusal to find that Kamar will probably be persecuted if she is returned to Jordan, due to her membership in the particular social group we discussed, or that the Jordanian government can or will do nothing to help her. The Board’s decision with regard to those issues is reversed.

. . . .

The Seventh Circuit has found that the Jordanian government’s “solution” to protect honor killing victims is actually a form of punishing the victims of these crimes amounting to mental “pain or suffering,” which is “inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” 8 C.F.R. § 208.18(a)(1); see Sarhan, 658 F.3d at 659. Taking into account our reasoning and findings above on the factors relating to both withholding of removal under the Act and protection under the Convention, we agree that “[d]espite the contrary conclusion of the Immigration Judge and the Board, the record here also compels the conclusion that the government of Jordan acquiesces to honor killings.” Suradi, 2017 WL 2992234, at *1.

Given the likelihood that Kamar would be subject to involuntary imprisonment at the hands of the Jordanian authorities, resulting in mental pain and suffering, the Board erred in concluding that Kamar failed to establish that it was more likely than not that she would be tortured upon removal to Jordan. We grant the petition with respect to the Board’s reasoning under the Convention.“

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This should have been an easy withholding grant by the Immigration Judge. Indeed, the 6th Circuit characterized the evidence of persecution as “overwhelming.”

Instead the BIA and the Immigration Judge spent literally years passing the case back and forth and still got it wrong! No wonder the system is backlogged when judges at both the trial and appellate levels get the law requiring protection wrong time after time! How would an unrepresented individual have any chance of vindicating her rights in a system this complicated and screwed up! Skewing the system as this Administration has done to make it more difficult for individuals to get effective representation is a direct attack on due process.

Instead of making a conscientious effort to fix this system to provide due process, Sessions’s clear xenophobia and his anti-immigrant, anti-refugee rants encourage  Immigration Judges and BIA Appellate Judges to treat asylum applicants unfairly and misapply the law to deny protection.

There will be no true due process and justice for migrants until the politicized DOJ and this highly biased Attorney General are removed from control of our US Immigration Court system! How would YOU like to be on trial for your life in a court system controlled by Jeff Sessions?

PWS

11-18-17

ASYLUM: LAW YOU CAN USE: All-Star Professor Michele Pistone Of Villanova Law Writes & Directs “Must See TV” — “Best Practices in Representing Asylum Seekers”

Go on over to Dan Kowalski’s LexisNexis Immigration Community here for all the links to the 19-part series on You Tube made possible by the American Law Institute with an introduction by none other than Justice Sandra Day O’Connor:

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2017/11/16/video-series-best-practices-in-representing-asylum-seekers.aspx?Redirected=true

Thanks, Michele, for all you do for the cause of Due Process for migrants and better Immigration Court practices!

PWS

11-17-17

 

JOIN THE “NEW DUE PROCESS ARMY” IN CALIFORNIA — Pangea Legal Services Seeks A Removal Defense Attorney – WORK WITH A GREAT GROUP OF FOLKS!

http://www.pangealegal.org/jobs

REMOVAL DEFENSE ATTORNEY (SANTA CLARA COUNTY)

POSITION ANNOUNCEMENT: REMOVAL DEFENSE ATTORNEY

Pangea Legal Services (Pangea) is a non-profit organization based in San Francisco and Santa Clara County. Our vision is to live in a world where individuals can realize their fundamental right to move and resettle around the world with dignity and respect.  We work toward this vision through legal representation of immigrants in deportation proceedings, community empowerment, and policy advocacy.

We are recruiting an attorney to join our legal team in Santa Clara County to increase our capacity to represent detained and non-detained immigrants in removal proceedings. The attorney will primarily engage in direct representation, using a litigation model that creates space for clients to become agents of change in their communities and places them at the center of their own defense and advocacy.  The position is based in our South Bay office and will require occasional travel to the San Francisco office to attend court hearings, interviews, and team meetings (approx. 1x/week).  If you are someone with a positive attitude, a passion for producing high-quality work, and a love for the community we serve, then please apply!

PRIMARY RESPONSIBILITIES

  • Provide direct legal representation to immigrants in removal proceedings
  • Coordinate advocacy, public campaigns, and community-led initiatives with family members of clients and grassroots partners
  • Work closely with partners to provide know your rights and self-defense education for the community
  • Help establish internal policies as our non-profit grows

DESIRED QUALIFICATIONS

  • Immigration or removal defense experience (including law school experience)
  • Proficiency in Spanish (required)
  • Ability to take on leadership in various projects, in addition to direct legal services responsibilities
  • Desire to invest in and grow with our organization
  • J.D. degree with membership in good standing with a State Bar

SALARY AND BENEFITS

  • Pangea is a collaborative, nonhierarchical organization, where salaries are equal among all staff after the first six months of employment at $52,000/year
  • Benefits include state bar dues, professional membership fees, medical and dental, preventative health benefits for general wellness, a socially responsible retirement package, and an annual right to move stipend

APPLICATION INSTRUCTIONS

The start date of this position is flexible (by December 2017) and applications will be accepted on a rolling basis.  If you believe you might be a good fit, please submit a cover letter, resume, writing sample, copy of your law school transcript, and three references to welcome@pangealegal.org.  In your cover letter, please include how the immigration struggle directly impacts you or your family, if applicable.  Please indicate “South Bay Attorney Application” in the subject line of your email.

Pangea is an equal opportunity/affirmative action employer. We believe diversity makes us stronger and we welcome applicants diverse in race, religion, gender, nationality, ethnicity, sexual orientation, and other areas.

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I have helped Pangea with some legal issues and strategies. Wonderful team of folks, including some “Charter Members” of the New Due Process Army: Etan Newman, Director of Appellate Advocacy; Celine Dinhjanelle, Director of South Bay Programs (and wife of  all-star former Arlington Immigration Court Attorney Advisor Anthony Dinh); Bianca Z. Santos, a Georgetown Law/ CALS Asylum Clinic alum who appeared before me in the Arlington Immigration Court; and their colleagues.

PWS

11-16-17

THE HILL: N. RAPPAPORT SAYS THAT EXPEDITED REMOVAL IS THE ANSWER TO IMMIGRATION COURT BACKLOGS – I DISAGREE!

http://thehill.com/opinion/immigration/360139-our-immigration-courts-are-drowning-expedited-removal-can-bring-relief

Nolan writes:

“Trump has acknowledged that the immigration court’s enormous backlog cripples his ability to remove illegal immigrants in a timely manner, but his plan to deal with the backlog isn’t going to work.

This chart from the Executive Office for Immigration Review’s (EOIR) FY2016 Statistics Yearbook shows that the immigration judges (IJs) have not been making any progress on reducing the backlog.

At a recent Center for Immigration Studies panel discussion on the backlog, Judge Larry Burman said, “I cannot give you a merits hearing on my docket unless I take another case off. My docket is full through 2020, and I was instructed by my assistant chief immigration judge not to set any cases past 2020.”

By the end of September 2016, the backlog was up to 516,031 cases. A year later, it had grown to 629,051.

. . . .

If Trump relies on hiring more IJs to deal with the backlog crisis, his enforcement program will be a dismal failure.

His only viable alternative is to reduce the size of the immigration court’s docket, which he can do by promulgating regulations making IJ hearings unavailable to aliens whose cases can be handled in expedited removal proceedings.

He seems to have had this in mind when he directed DHS to use expedited removal proceedings to the full extent authorized by law, which would include most of the undocumented aliens in the United States who were not lawfully admitted, unless they can establish that they have been here for two years.

In expedited removal proceedings, which are conducted by immigration officers, aliens can be deported without IJ hearings unless they have a credible fear of persecution. If they establish a credible fear of persecution, they are entitled to an asylum hearing before an IJ.

But would the courts stop him?”

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

Expedited removal is the wrong solution to the Immigration Court backlog!

  • As I have noted in recent blogs, recent studies show that Immigration Court hearings area already falling substantially short of providing real due process because of lack of available counsel and overuse of immigration detention. Expedited removal would aggravate that problem tenfold.
  • Expedited removal couldn’t begin to solve the current backlog problems because the vast majority of the estimated 11 million individuals already here have been here for more than two years and can prove it, most from Government records. Indeed, I’d wager that the vast majority of individuals in Removal Proceedings in U.S. Immigration Court have had their cases pending for two or more years.
  • The problems in Immigration Court were caused by “Aimless Docket Reshuffling” by the last three Administrations emanating from undue political influence from the Department of Justice, DHS, and the White House. Only an independent Immigration Court that places control of the dockets in individual Immigration Judges, where it belongs, can address those problems.
  • The answer to hiring problems resulting from poor management and political hiring from the DOJ is certainly not to “get rid of” any existing U.S. Immigration Judges. Whether the hiring was done properly or not, there is no reason to believe that any of the currently sitting local U.S. Immigration Judges did anything wrong or participated in the hiring process other than by applying for the jobs. The system needs all the experienced judges it currently has.
  • The problem of inconsistency will only be solved by having an independent BIA that acts in the manner of an independent appellate court, cracking down on those judges who are not correctly applying legal standards. That’s how all other court systems address consistency issues — through precedent and independent appellate review. Numerous examples have been documented of Immigration Judges in courts like Atlanta, Stewart, and Charlotte, to name three of the most notorious ones, improperly denying asylum claims and mistreating asylum applicants. The BIA has failed to function in a proper, independent manner ever since the “Ashcroft Purge.” The only way to get it doing its job is by creating true judicial independence.
  • “Haste makes waste” is never the right solution! It’s been done in the past and each time has resulted in increased backlogs and, more importantly, serious lapses in due process.
  • The docket does need to be trimmed. The Obama Administration was at least starting the process by a more widespread use of prosecutorial discretion or “PD” as in all other major law enforcement prosecutorial offices. Most of the individuals currently in the country without status are assets to the country, who have built up substantial equities, and do not belong in removal proceedings. No system can function with the type of unregulated, irrational, “gonzo” enforcement this Administration is pursuing.
  • The reasonable solution is to do what is necessary to build a well-functioning system that provides due process efficiently, as it is supposed to do. The elements are reasonable access to lawyers for everyone in proceedings, reducing expensive, wasteful, and fundamentally unfair use of detention, better merit hiring and training procedures for Immigration Judges, modern technology, better use of prosecutorial discretion by the DHS, legislation to grant legal status to law-abiding productive individuals currently present in the US without status, and a truly independent judicial system that can develop in the way judicial systems are supposed to — without political meddling and without more “haste makes waste” schemes like “expedited removal!”

PWS

11-14-17

JOE PATRICE @ ABOVE THE LAW: WE NOW HAVE “SCIENTIFIC PROOF” THAT IMMIGRATION LAWYERS ARE “INCREDIBLY USEFUL” — IN FACT, THEY ARE ESSENTIAL TO DUE PROCESS — So, Why Are Sessions & His Minions Smearing Lawyers & Trying To Railroad More Migrants Through The System Without Fair Hearings?

https://abovethelaw.com/2017/11/we-have-scientific-proof-that-lawyers-are-incredibly-useful/

Patrice writes:

“So instead of fighting whether or not the feds can order cops to bust up the local Motel 6, cities can just hire some lawyers.

This is the lie of every talking head that praises building a wall but adds, with all faux sincerity, that they have “no problem with legal immigrants.” Almost half of the people shuttled through assembly line deportation hearings actually fit within legal immigration protections, but the complexity of the system — not to mention language barriers — make them victims of the bureaucracy.

If that projection is correct, NYIFUP cases result in immigrant victories 48 percent of the time. As Oren Root, director of the Vera Institute’s Center for Immigration and Justice, puts it, that means that of every 12 immigrants who are winning at Varick Street right now, 11 would have been deported without a lawyer.

That finding challenges a widely held assumption about immigration court: that most immigrants who go through it don’t qualify for the types of protection that Congress has laid out for particularly compelling cases. The Vera finding implies that, in fact, many immigrants do deserve relief as Congress and the executive branch have established it — but that hundreds of thousands of them have been deported without getting the chance to pursue those claims.

New York’s program has inspired 12 more cities to adopt the program. It’s put up or shut up time for the Department of Justice — if they’re really committed to proving some undocumented migrant is in violation of the law, then stand up and make that case in court.

Against a real attorney.

Unless they’re chicken.”

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

Read the complete article at the link. I have previously reported on the VOX News Article and the Vera study.

I think Patrice has hit the nail on the head. Sessions, Miller, Bannon and the White Nationalist crowd are biased bullies picking on the most vulnerable and disadvantaged. Like all bullies, they have absolutely no desire to compete fairly on a level playing field.

The Vera report confirms what many of us involved in the field have been saying for years: a significant portion of those going through Immigration Court, probably 50% or more are entitled to be in the US. Without lawyers, such individuals have little or no chance of making and succeeding on claims that would allow them to stay. Since at least one-third of individuals (and a much higher percentage of detained individuals) are unrepresented, we are unlawfully removing tens of thousands of individuals each year, in violation of due process. And nothing aggravates this unfairness more than unnecessary detention (in other words, the majority of immigration detention which involves individuals who are not criminals, security threats, or threats to abscond if they are represented and understand the system).

A competent and conscientious Attoyney General would work cooperatively with private bar groups, NGOs, and localities to solve the representation crisis and drastically reduce the use of expensive and inhumane immigration detention. But, Sessions is moving in exactly the opposite direction, in violation of constitutional principles of due process, practical efficiency, and basic human decency.

PWS

11-13-17

NPR: More Jurisdictions Get On Board For Providing Legal Assistance To Migrant Residents — Stand Up To Administration’s Bogus Anti-Immigrant Fear-Mongering Campaign!

https://www.npr.org/sections/thetwo-way/2017/11/12/563557712/more-jurisdictions-to-provide-legal-defense-for-immigrants-at-risk-of-deportation

Jose Olivares reports for NPR:

“While the Trump administration continues the federal government’s already-massive deportation program, 11 cities and counties will be joining the list of jurisdictions providing legal defense for undocumented immigrants at risk of deportation.

The Vera Institute of Justice, a nonprofit that researches and advocates changes in the criminal justice system, launched the Safety and Fairness for Everyone (SAFE) Cities Network this past week. The cities and counties making up the network will be providing legal counsel for immigrants facing deportation proceedings.

Vera says it selected the jurisdictions for committing to invest public money toward defending immigrants against deportation. The nonprofit says it will use a fund it administers to match the public money.

“Immigration is part of our nation’s past, present, and future, and our communities will find more opportunities to grow and thrive when we recognize and embrace this fact,” Vera Institute President Nicholas Turner said in the statement. “That means that all residents must see their justice systems — from our law enforcement to our courts — as delivering on our country’s promise of fairness.”

The cities and counties making up the SAFE Cities Network are:

Atlanta
Austin
Baltimore
Chicago
Columbus, Ohio
Dane County, Wis.
Oakland and Alameda County, Calif.
Prince George’s County, Md.
Sacramento
San Antonio
Santa Ana, Calif.
They’re joining a growing list of cities and states with similar programs. Late last year and earlier this year, lawmakers in Los Angeles, San Francisco, Washington, D.C., and New York City decided to allocate public funds for defense in immigration courts, while New York state created the first statewide immigrant defense fund.

In Maryland, Baltimore Mayor Catherine Pugh announced on Thursday that the city had joined the SAFE Cities Network.

“Our community is safest when our neighbors trust their officials and institutions and know they will be treated justly and with dignity,” Pugh said in a news release. “Providing legal representation to those facing deportation maintains trust in law enforcement and our local institutions and keeps us all safe. If our residents don’t feel safe — for example, coming forward to report crimes and cooperating with law enforcement — all of us are at more risk.”

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

Read the entire report at the link.

These communities recognize that the Administration’s White Nationalist inspired “Gonzo Enforcement” and attempts to short circuit the statutory and constitutional rights of migrants to fair and dignified treatment ultimately threatens the safety and rights of all of us. And, as all evidence shows, as migrants get lawyers and are able to actually assert their rights (rather than being railroaded out of the country) more and more are found to have the legal right to remain.

This Administration stubbornly refuses to adjust its enforcement strategy to the reality that many so-called undocumented individuals should not be targeted for enforcement and that realistic reform that maintains the status quo by allowing the vast majority of productive, law-abiding individuals without status to remain is the only reasonable solution.

PWS

11-12-17

LA TIMES: MAJORITY OF CALIFORNIANS VALUE MIGRANTS (REGARDLESS OF STATUS) — OPPOSE TRUMP ADMINISTRATION’S “GONZO” IMMIGRATION ENFORCEMENT!

http://enewspaper.latimes.com/infinity/latimes/default.aspx?pubid=50435180-e58e-48b5-8e0c-236bf740270e

Jasmine Ulloa reports for the LA Times:

“Despite the Trump administration’s repeated attempts to frame illegal immigration as a threat to public safety, the poll also found an overwhelming majority believe that people without legal residency help revitalize cities as opposed to increasing crime.

The survey results, poll analysts and policy experts said, reflect ongoing trends in California, where through the decades the public has tended to support immigrants in the country illegally, even when federal or state political leaders have stoked anti-immigrant sentiment to rally their bases.

“We have seen this in California forever,” said Jill Darling, the survey director for the Center for Economic and Social Research at USC. “People, including Republicans, have been more supportive of immigrants and reform, even to the point of supporting a path to citizenship, more so than Republican leadership.”

Most poll participants also expressed positive perceptions of people without legal residency in the country.

Nearly 63% of people surveyed said they believed immigrants without legal status strengthened the economy, as opposed to roughly 38% who said they took away jobs. Sixty-six percent said immigrants in the country illegally helped revitalize cities, and about 34% — including more than 72% of Republicans — believed they increased crime.

Policy experts said the poll results reflect the explosive growth of Latinos, Asians and other minority communities that tend to lean Democratic. California’s families are so diverse, they said, that nearly everyone knows someone who came to the country as an immigrant — legally or illegally.

It also reflects a shift away from the “us-versus-them” rhetoric that damaged the Republican brand in the 1990s, political consultants and immigration policy experts said. During that time, Gov. Pete Wilson was criticized for using footage of people running across the border to dramatize the problem of illegal immigration, and voters passed propositions to bar immigrants in the country illegally from public benefits, outlaw affirmative action programs and teach only English in schools.

That “no longer reflects our reality,” said Mindy Romero, director of the California Civic Engagement Project. “In a state like California, immigrants are us.”

Andrew Medina, state policy manager for Asian Americans Advancing Justice, said he wasn’t surprised by the results of the poll — or by the approval among California residents for the sanctuary state law. A study released in February by the Public Policy Institute of California found that a solid majority of Californians believe the state and local governments should make their own policies and take action to protect the rights of immigrants who are here illegally.

The final language of the sanctuary state law was the result of months of tough negotiations among Gov. Jerry Brown, Senate leader and bill author Kevin de León (D-Los Angeles), and law enforcement officials.

It will largely prohibit state and local law enforcement agencies from holding or sharing information about people with federal immigration agents unless those individuals have been convicted of one or more offenses from a list of 800 crimes outlined in a 2013 state law.

Federal immigration authorities still will be able to work with state corrections officials — a key concession Brown had demanded — and will be able to enter county jails to question immigrants. But the state attorney general’s office will be required to publish guidelines and training recommendations to limit immigration agents’ access to personal information.

“It is positive that these polls show that there is support for immigrant communities, and it is especially positive in this era,” Medina said.

Still, Romero advised caution.

“Discrimination against immigrants is very real and a danger,” she said, pointing to anti-immigrant rhetoric at the national level. “I think we can’t rest on a changing landscape in California and just assume that things will continue to be more receptive and open.”

 

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Read the complete article at the link.

The Trump-Sessions-Miller-Bannon bogus White Nationalist program of portraying bigotry and racism as “law enforcement” ultimately will fail. Truth will win out. But, that doesn’t mean that lots of damage won’t be inflicted along the way by restrictionists on vulnerable individuals, their defenders, our society, our economy, and our international leadership and reputation.

Resist the false messages with truth! Support truth with action!

PWS

11-12-17

GONZO’S WORLD: His Own Credibility Has Become A Bad Joke — But, Under Gonzo The DOJ & The SG’s Office Rapidly Losing Credibility & Respect From The Federal Courts!

https://www.law.com/nationallawjournal/sites/nationallawjournal/2017/11/09/justice-department-faces-questions-for-supreme-court-attack-on-aclu-ethics/

Marcia Coyle reports for the National Law Journal:

“The U.S. Justice Department’s request that the Supreme Court consider sanctions against lawyers who advocated for an immigrant teenager at the center of an abortion case has raised questions about the government’s motivation and threatened to jeopardize the reputation of the solicitor’s office before the justices. Former Justice Department attorneys called the government’s action in the Supreme Court “extraordinary” and said they had no memory of a similar Supreme Court petition.”

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You’ll need a full subscription to the NLJ to get beyond what I’ve quoted above. But, you get the idea.

And remember, you read first in some of my earlier blogs in immigrationcourtside.com about the DOJ’s and SG’s likely loss of years of hard earned respect and credibility by arguing the relatively “law free” politicized “Gonzo” positions forced on them by Sessions and the rest of the White Nationalist Trumpsters. Remember, the pro bono lawyers being smeared by Sessions’s DOJ were fighting to vindicate a migrant teenager‘s clear constitutional rights against an attempt by Government officials to substitute their own personal opinions for the constitutional rules and to misrepresent their true intentions (use delay and obfuscation tondefeat constitutional rights) in doing so. Sounds like it’s Sessions and his group whose law licenses should be re-examined.

The public and to some extent the media might have allowed the “Trump/Sessions Crowd” to “normalize” the presentation of lies, misrepresentations, intentional omissions, distortions, and political screeds as “facts” or “legal arguments.” But, most Article III Courts don’t like being played for fools, particularly by the USDOJ which traditionally has been expected to meet higher standards of integrity, fairness, and responsibility to accurately inform the tribunals before which they appear.

Ironically, although Gonzo tried to tag immigration lawyers fighting to preserve their clients’ statutory and constitutional rights as “dirty,” that tag is much more likely to stick to Gonzo and some of the ethically challenged DOJ lawyers doing his bidding. Not to mention that the DOJ is wasting the time of the Supremes with its basically frivolous request, intended largely as political grandstanding to satisfy Gonzo’s anti-abortion, anti-US Constitution political backers.

PWS

11-10-17