"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
“More than a thousand children are counting on Nora Sándigo to become their guardian if their undocumented parents are deported. How many of those promises will she now have to keep?
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Because she didn’t know what to tell her children, she tried not to tell them anything. When they asked where their father was, she gave flimsy excuses: Yes, he came home last night, but he left while you were still asleep. He’s working late, he’s working early, he just stepped out, he’ll be back soon. “You just missed him,” she found herself repeating.
The strategy worked, for a few days at least, with the youngest three. They were all under 5 and were used to the world going about its strange business without them. But then there was Kelly. She was 8 and sharp-eyed, a good student who preferred English to Spanish and wanted to someday be a doctor, or maybe a gymnast, and who had watched a presidential candidate on television say he wanted to send people back to Mexico, where both her parents grew up.
Kelly came home from school one day in October last year and demanded to know where her father was. Because his construction job started so early in the morning, Javier was usually the first home. That was part of how he and Kelly’s mother, T., fell in love. They boarded in the same house more than a decade ago, when she was 19 and freshly arrived in South Florida, having followed her sister from their small village in southern Mexico. T., who is being identified by her first initial to shield her identity, quit school after sixth grade. She helped her parents plant corn and beans but dreamed of something better for herself and her infant son; she decided to leave him in her mother’s care and support him from afar. Javier was from the same region, and because he finished work early, he cooked for her while she was still out in the Florida sun. The food was delicious and tasted like home. Soon they were a couple, and then Kelly was born, and her father, who fainted with anxiety in the birthing room, adored her, and she adored him back.
“He’s late from work,” T. told her daughter.
But Kelly wasn’t having it. Before heading to school that morning, she saw uniformed men come to the door and ask her mother for her father’s passport; she heard her mother on the phone, asking what had happened, what to do. “Don’t lie to me,” Kelly said, and started to cry. “Where did they take him? What did he do?”
By now T. knew. One of her first phone calls was to an immigrant advocate and former refugee named Nora Sándigo, who, in this poor area south of Miami, was the most powerful person in many people’s worlds: She knew lawyers, county commissioners, even members of Congress. After T. called her, Sándigo quickly discovered that Javier had been detained by the Department of Homeland Security. T. didn’t tell Kelly the details she had learned from Sándigo, or from Javier, when he was finally able to make a brief call. That they arrested him just a few yards away from their home, as he stood waiting for his ride to work. That now he was on the edge of the Everglades, in a gray-and-tan detention center adjacent to a state prison, a half-hour’s drive away, a distance that, for T., had suddenly become unbridgeable. “He was arrested,” she told Kelly, simply. “We have no papers to be here, like you do.”
“Will they take me, too?” Kelly asked. She didn’t know what papers her mother was talking about, what this thing was that she had and her parents didn’t.
T. didn’t tell her daughter the other reason she called Sándigo. Across South Florida, T. knew, undocumented parents of citizen children were preparing for possible deportation by signing power-of-attorney forms that allowed Sándigo to step in should their own parenthood be interrupted by a surprise visit from Immigration and Customs Enforcement, or ICE. If they were taken away, at least Norita, as they called her, could provide stability while the family sorted out what to do; she could also sign forms on their children’s behalf at school, or at the hospital, or in federal court.
Sándigo’s responsibilities extended to many hundreds of children, and were growing all the time. Parents, some of whom had never met her in person, were desperate for any solution. Her qualifications were simple. She was compassionate. She was willing. And, like their children, she was a United States citizen.
For years, T. never felt the need for such an extreme contingency plan. Now she was thinking of adding her own children to Sándigo’s list. “Imagine if they detained me too,” she said after Javier was gone. She couldn’t envision taking her American children with her to Mexico, where she “wouldn’t be able to give them education, shoes, clothes,” and where they would be separated from their friends and lives and ambitions, from the only home they had ever known. But what would happen if they stayed behind, with no parents left to care for them?
There’s a common misconception that having a citizen child — a so-called anchor baby — allows undocumented parents to gain legal status in the United States. In fact, parents of citizen children are deported annually by the tens of thousands, according to ICE’s own reports to Congress. Randy Capps, a demographer with the Migration Policy Institute, estimates that as many as a quarter of the people deported from the United States interior (who are counted separately from those deported at a border) are the parents of American children. Though immigration law prioritizes family connections, including legal status for the family members of Americans who petition on their behalf, children are the exception. They cannot, by law, petition for anyone until they turn 21 — by which time, of course, they won’t need their parents nearly as much.
Gifts for children in Sándigo’s home.CreditChristopher Morris/VII, for The New York Times
Families like Kelly’s are known as “mixed status” — a reminder that the way we talk about immigration, with clear lines of legality separating groups of people, is often a fantasy. The reality is a world of families with separate legal statuses but intertwined fates. More than four million American children are estimated to have a parent in the country illegally. If deported, those parents face a difficult choice: Take their children to a country they do not know, whose language they may not speak and one that lacks the security and opportunities they have in the United States; or leave them behind, dividing the family. Courts have regularly responded to the argument that a parent’s deportation will deny a child, as one lawyer put it, “the right which she has as an American citizen to continue to reside in the United States,” with the counterargument that such children are not, in fact, deprived, because they retain the right to stay in their country and the right to live with their parents — just not both at the same time. “That’s what I call a choiceless choice,” says David B. Thronson, a professor at the Michigan State University College of Law, who helped found the Immigration Law Clinic.
But it’s a choice that’s familiar to millions of families, including Sándigo’s. “I lived that,” she said one day when I met her at her office in the suburbs of Miami, a one-story stucco house that serves as the headquarters of the Nora Sándigo Children Foundation. When she was 16, her parents sent her away from Nicaragua to escape the violence of its civil war; her family, she says, was targeted for opposing the Sandinistas. “I feel like I am one of those kids,” she continued, “because I came with the same problem. I had my father and mother, but I was an orphan without them. Separate from their parents, they become orphans, like me.” She remembers sobbing as she watched the country of her birth recede from the plane window.
When she left Nicaragua, Sándigo went to Venezuela, then France, “trying to get something legal,” and in 1988 finally ended up in the United States, where the organization that helped her settle here offered her a job working with other refugees from Central America and advocating for their asylum. The Nicaraguan Adjustment and Central American Relief Act was passed in 1997. In Miami, she helped other immigrants with paperwork and resettlement matters, like looking for apartments or jobs. She also started a business of small nursing homes, which, along with a plant nursery, helps cover her foundation’s bills. She never went back to Nicaragua, not even when her father was dying. He told her to stay in the United States and be safe. It was her country now, he said.
As Sándigo’s reputation grew, it became common for strangers in Miami’s immigrant communities to seek her out, asking for help; the requests opened Sándigo’s eyes to the depth of people’s need. She remembers bringing six towels to a woman with five children, who was shocked at the abundance: “So many!”
One call, in 2006, was for a new kind of assistance: A Peruvian woman, whom Sándigo had never met, was being held in a detention center, and she wanted to give Sándigo power of attorney to make decisions about her children’s care. (Unlike full legal guardianship, which is conferred by a court, power-of-attorney forms don’t involve a transfer of parental rights.) Others in the center had warned her that if she didn’t do something, she might lose her children to the child welfare system. Sándigo doesn’t know why the woman thought of her, but she felt honored, and obligated, by her trust: “When she called she had the papers signed and notarized already in my name.”
The Peruvian woman’s children never called on Sándigo, but word of what she had done got out. In 2009, a brother and sister, ages 9 and 11, showed up at Sándigo’s door with their uncle; their mother, they said, was in detention, and they weren’t going to eat until she was released. Sándigo remembers the oldest, Cecia, now a student at Georgetown University, saying, “We’ll stay with you,” to which she replied, “But this is an office, baby.” Still, she made a place for them. Jerryann, one of Sándigo’s two biological daughters, recalled: “You were like, ‘Oh, they’re going to stay the night.’ And then one night became forever.” The children moved in — they ended up staying for six years — the case attracted a lot of publicity and soon there was a steady stream of requests. “That gave the perception to the people, probably, that I was accepting the power of attorney from everyone in the same situation,” Sándigo said.
Many of the people who contacted Sándigo wanted only a temporary backup, a documented adult whom their kids could call in the moment of crisis to avoid ending up in the child-welfare system. According to an ICE spokeswoman, “ICE is committed to ensuring that the agency’s immigration-enforcement activities, including detention and removal, do not unnecessarily disrupt the parental rights of alien parents and legal guardians of minor children.” But navigating the immigration and child-welfare systems simultaneously can be difficult. Emily Butera, a senior policy adviser at the Women’s Refugee Commission, told me that many parents have come to believe that they will lose their rights automatically: “We’ve started explicitly saying to people, ‘Your children are not the property of the U.S. government.’ ”
Other parents planned for their children to stay with their undocumented friends or relatives, but wanted Sándigo to sign papers or fill official roles that they couldn’t. Still others hoped that their children would live with her, maybe for the remainder of their childhoods — something Sándigo wasn’t promising and worried that people assumed she was. But still, she never said no. When people came to her looking for help, Sándigo found it impossible to deny them. The numbers grew into the dozens, and then to the hundreds. “We never planned this,” Sándigo said one day. “It was planned by nobody. It just came.”
. . . .
Two days later, nine adults and 36 children gathered at Sándigo’s house to pack into three rented vans for the 18-hour drive to Washington. T. tried to find space under a seat for a stroller — she was bringing all four daughters — while Sándigo stood in front of local news cameras, speaking in Spanish. “How can they be American citizens if in their own country they’re treated so harshly?” she asked. Kelly wandered into the frame, and Sándigo pointed to her: “Her father was deported,” she said. “It’s very hard.” Kelly noticed the cameras turning to her and darted away. “We hope they’ll listen to these American children,” T.’s sister told Telemundo.
Finally, space was found for all the diaper bags and suitcases and gallons of frozen milk. The kids lined up for a group photo around an American flag. The plan was to drive through the night, a challenge with so few licensable drivers among the adults. The vans pulled out past a small lineup of news cameras.
A few minutes later, they were back. Sándigo had gotten a call from the only English-language station to respond to her news release: The cameraman was running late. Sándigo agreed to redo the exit scene. “For us, the English news is the most important,” she said. Its viewers were the ones whom she most wanted to hear from the children, their fellow citizens.
Kelly and the others dutifully spilled out of the van into the sunshine. Valerie, in her native, teenage English, told the new camera the same things she’d told the others in Spanish: about missing her parents, about how hard it was. She was proud that she’d finally learned to talk about them without crying.
Then the children all climbed back inside for another try at reaching their nation’s capital.
The cameraman stood in the empty street for a long time, watching them disappear.”
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Read the complete, much longer story, at the link.
What are we going to tell our fellow citizens when they grow up and become essential parts of our society? What’s going to happen when they come into power in various forms. How will the descendants of Jeff “Gonzo Apocalypto” Sessions and his “fellow travelers” expect fairness, forgiveness, and mercy from others when their ancestors had and gave none? What are we doing to resist the current regime and insure their eventual removal from office?
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Meanwhile, over at Newsweek, CHRISTIANNA SILVA reports on how, led by Chief Scofflaw Jeff “Gonzo Apocalyoto” Sessions, the Trump Administration continues its assault on our Constitution, women, Latinos, immigrants, and the REAL rule of law by attempting to force immigrant teenagers to carry pregnancies to term against their will:
“The Trump administration is attempting to block two young undocumented immigrant women in federal custody from obtaining an abortion, prompting the American Civil Liberties Union to head back to court today.
The two women, known to the court as Jane Roe and Jane Poe, requested to have an abortion. The Office of Refugee Resettlement refused their request.
The organization says this refusal, which has become common under Trump, shouldn’t be acceptable. The administration has been requiring these young women to go to religiously affiliated “Crisis Pregnancy Centers” that require patients to “have a medically unnecessary sonogram” and urges them to carry their pregnancy.
This case comes after the recent “Jane Doe” case in which the civil rights group stepped in and helped another immigrant receive the care she requested.
“We’ve already stopped the Trump administration from blocking one young woman’s abortion,” Brigitte Amiri, senior staff attorney with the ACLU Reproductive Freedom Project, said in a press release. “But the Trump administration is relentless in its cruelty, blocking abortion access for the most marginalized people in our country.”
The Jane Doe case was the first major abortion battle under Trump, in which a 17-year-old came to the U.S. from Central America in September. She was detained and learned that she was pregnant. When she was at the government-funded shelter, she attempted to get an abortion but the government didn’t allow it. That was the first undocumented immigrant abortion case the ACLU took to the court to fight the Trump administration.
According to a previous report by Newsweek, The ACLU told the court that the Trump administration unlawfully barred Jane Doe from having an abortion for a month. The court agreed with the ACLU and Jane obtained an abortion the next day, but the fight is still on between the group’s lawyers and the Trump administration.
After winning in court and receiving her abortion, Jane Doe said in a statement that she came to the U.S. for a better life.
“No one should be shamed for making the right decision for themselves,” she said in a statement released by the ACLU on October 25. “I would not tell any other girl in my situation what they should do. That decision is hers and hers alone.”
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So, how are Gonzo and other Trump Administration scofflaws not in jail for contempt of court?
What’s the REAL difference between “America First” and “Deutschland Uber Alles?”
How long will we suffer through this national travesty of having a racist, anti-Constitutionalist, White Nationalist, scofflaw in charge of our Department of “Justice” and perhaps ever more appallingly our U.S. Immigraton “Courts?”
Easy to understand why there are so many “Sanctuary Jurisdictions” in the U.S. Hard to understand why all jurisdictions aren’t “Sanctuaries?” But, history will show who resisted and who went along with the “Fourth Reich!”
As year-end funding decisions loom, a familiar pattern is repeating, with House conservative Republicans playing hardball to pull their colleagues to the right.
And moderates are increasingly tiring of it — especially after Tuesday’s repudiation of a candidate seen as emblematic of the GOP’s right flank in the Alabama special election.
Government funding and efforts to abolish Deferred Action for Childhood Arrivals, a popular program for young undocumented immigrants, have some moderates increasingly wondering: Why can’t we play hardball, too?
Moderate Republicans and House members in districts that are either generally competitive or which Hillary Clinton carried in the 2016 presidential election are starting to grow frustrated with the effectiveness of groups like the House Freedom Caucus in influencing legislation, often by withholding their votes as a bloc until demands are met.
“Yes,” Florida Republican Rep. Carlos Curbelo said with exasperation when CNN asked Wednesday if the time had come for centrists to borrow tactics from the far right.
“We cannot be spectators here,” Curbelo said. “Other groups have used their leverage to influence the process, and we must do so as well, especially when there are 800,000 lives which could be radically changed for the worse if we don’t take care of (DACA).”
“I think last night’s election’s going to cause a lot of people to re-think where we are and what we’re doing,” said New York Republican Rep. Pete King of Democrat Doug Jones’s victory in Alabama.
While the current focus is on passing tax reform, one Republican staffer said patience could be limited once it’s dispensed with, as vulnerable moderates are frustrated with being forced to take tough votes seen in many cases as messaging exercises to appease the conservative base.
“It’s the moderates who are going to have to run in tough elections on this sh**,” the staffer said.
But there remains skepticism that, despite the frustration, moderates can hold together as a group the way conservatives have been able to do, or are willing to stomach the tough tactics the right flank employs.
The conservative House Freedom Caucus, for example, almost tanked a procedural measure on tax reform in a public show of force on the House floor earlier this month to send a message to Speaker Paul Ryan about year-end funding.
And according to a Republican source, rumors have been building around the Capitol that the farther right lawmakers are prepared to challenge Ryan’s speakership immediately if he calls a stand-alone fix for DACA to the floor.
Nearly three dozen moderates, on the other hand, sent a carefully worded letter to Ryan urging him to move on a fix for DACA, which protects young undocumented immigrants brought to the US as children, by the end of the year, without making any concrete threats to withhold any votes on government funding.
Curbelo has committed to oppose government funding without clear progress toward a DACA fix, and is urging fellow Republicans to do the same.
Pennsylvania Rep. Charlie Dent, a moderate Republican who has decided to not seek reelection, said he agreed with Curbelo that a DACA fix should go on an upcoming must-pass bill, though it could potentially be in January.
“The power of 25 here can force a lot of things,” Dent said, referring to the GOP margin of the majority in the House. “And Freedom Caucus has been effective at it, they can put their votes together, and we need to do that from time to time, (though) we need to pick our fights carefully.”
But one conservative Republican source noted that moderates have always had difficulty being as united as more conservative groups. That sentiment was echoed by King, who referred to the group that former House Speaker John Boehner once called “legislative terrorist(s)” as “crazies” even as he distanced himself from moderates.
“I consider myself actually a blue-collar conservative, I’m not really in the moderate wing, I’m just against some of the crazies,” King told CNN, speaking of his unsuccessful fight against the GOP tax bill he sees as devastating for his state. “It’s hard to unify everybody.”
Some moderates gave credit to the Freedom Caucus, saying their effectiveness should only be a source of inspiration.
“I don’t fault anybody for doing what they believe is best in their way of representing their district,” said Washington Rep. Dan Newhouse, who helped organize the DACA letter. “I respect that. …(But) it’s also incumbent upon me to do the same thing.”
Washington (CNN)Democrats are increasingly grappling with the likelihood that Congress could push a decision on a popular immigration program into January, even as they’ve spent weeks saying it should be dealt with by the end of the year.
“To some extent, yes,” Congressional Hispanic Caucus member and Arizona Democrat Rep. Raúl Grijalva said Thursday on Capitol Hill when asked if there’s a growing realization that the issue will likely slip to January.
“Some of us are holdouts, but if you talk about reality, yeah,” he continued. “I mean, if leadership is not pushing it, they’re not holding the line with members and we have a CR that includes (children’s health funding), which is really, really important, funding for community health centers, then not seeing it before the end of the year becomes more and more precarious.”
Democrats and even some Republicans have not given up on trying to get done a deal to maintain a version of the Deferred Action for Childhood Arrivals program, which protected young undocumented immigrants brought to the US as children from deportation but which President Donald Trump has opted to terminate.
Advocates note the issue is more urgent than portrayed by the administration. More than 20,000 DACA recipients either did not renew or were rejected in the window the government offered, meaning more than 100 lose their status every day before the March 6 deadline the administration intended to set.
close dialog
But even as negotiations continue and intensify on both sides of the Capitol to reach a bipartisan compromise on the issue, the likelihood of being able to pass something by the end of the year is rapidly slipping away.
Illinois Sen. Dick Durbin, the No. 2 Democrat, hosted a meeting of the Senate negotiators on Thursday afternoon, including Republicans Lindsey Graham, James Lankford, Cory Gardner, Jeff Flake and staff from Sen. Thom Tillis. But all exiting the meeting said while negotiations progressed, no break-throughs have been reached yet. And while some wouldn’t rule it out as a possibility, none expressed much optimism it could be done by the end of the year.
“It’s starting to take form, but we’re still negotiating,” Durbin said.
Tillis, R-North Carolina, said earlier Thursday that negotiators are working on a consensus on how to handle the DACA component of the deal, reconciling different bill approaches that are out there.
“What we’re trying to do is figure out where we have common ground there,” Tillis said. “But we’ll be reaching a point pretty soon to where we have to have a discussion about chain migration, which is very important, the President’s told us, and border security and other things. I would say when we talk about ‘we’re close to an agreement,’ we’re only talking about one half of the broader agreement, so maybe we’re a third of the way there.”
“I think people are having good faith discussions,” he continued. “I can’t imagine it being done by year end.”
Strategic maneuvering
Democrats know that their greatest leverage for many of their priorities is on government funding, which expires a week from Friday. Republicans will likely need Democratic votes to pass a full year of funding, in the Senate and likely in the House where budget hawks traditionally reject domestic spending levels.
But they also have a laundry list of priorities for negotiation, including an overall deal on domestic spending, community health centers, children’s health insurance, pensions and immigration. And five legislative days before funding runs out.
The current plan, according to multiple lawmakers and aides, is for the House to pass a bill that would fund defense for a year, reauthorize children’s health insurance, and punt the rest into January. That bill is dead on arrival in the Senate, where 44 Democrats have gone on record opposing it. The belief is that the Senate will send something back to the House, likely with Obamacare payments or possibly just a short-term funding extension into January. All the while, parties negotiating a DACA deal in both chambers remain optimistic about the progress of talks.
Such a plan could squeeze Democrats, especially in the Senate, to weigh rejecting an opportunity to keep negotiating and risk the government shutting down, or to hold out for more offers from Republicans.
It’s possible that a short-term extension could pass the House without Democratic votes, taking pressure of House Minority Leader Nancy Pelosi, who with her caucus has been more vocal about rejecting anything that doesn’t include DACA by the end of the year. House Freedom Caucus Chairman Mark Meadows said many of his members, who are the more troublesome Republicans for the party on funding, could support a punt.
“If it’s just looking at a (continuing resolution) that gets us to January 19 where we can negotiate on a bigger omnibus, I think most of my members will support that,” Meadows, R-North Carolina, told reporters Thursday. “There are some who won’t, but most would be supportive of that.”
In the Senate, Democratic aides believe that January could be an option. They feel there would be no need to force a bad deal now, if a good deal is still attainable in a few weeks’ time. Senators have also been more cautious than their House colleagues.
“I’m hopeful that it will happen. And we’re not there yet on what will happen if it doesn’t happen,” Hawaii Sen. Mazie Hirono said at a press conference Thursday about pushing for all of Democrats’ priorities by the end of the year, asked whether members would reject a deal to keep making progress on some issues.
Warnings to Democratic leadership
Still, Democrats are warning their leadership that they can’t appear to surrender.
“I think there is a Plan A, a Plan B, a Plan C, a Plan D and a Plan E in the House, I can see that there are more heightened negotiations in the Senate, and I’m dedicated to working 24/7 and I have to say my caucus has been doing that,” Congressional Hispanic Caucus Chairwoman Michelle Lujan Grisham said Thursday. “We want something to vote on next week, and we are making that clear to leadership. … So I think we have to stay the course and any conversation that we can wait even 15 days is cruel, unjust, wrong and there’s real harm.”
“I’m not ready to wave the white flag and say let’s see what happens,” Grijalva echoed. “I think the pressure has to be constant on this thing or it will fail.”
The deputy chair of the Democratic Party, Minneosta Rep. Keith Ellison, said Democratic leadership should know that the party base will not accept less than a full fight.
“My advice to anybody in leadership in the House of Representatives is we better do everything imaginable to deliver on DACA or we better we be visibly shown to have done every single thing that could be done,” Ellison said. “Our grassroots base is expecting us to deliver on DACA, and that’s it. … I feel so strongly about this. We cannot fail on this.”
CNN’s Phil Mattingly contributed to this report.
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Tal is amazing! As you probably can tell, I’m a big fan of her reporting: Timely, informative, balanced, easy to read. I’m glad she is on the CNN “immigration beat” — particularly for the “Dreamers” story which is so critical to the fate of our nation (not to mention the Dreamers).
The “Freedom Caucus” is in fact the “Bakuninist Wing” of the GOP: Out to destroy American Government and perhaps take the world with it. They are an existential threat to every American, nearly on the same level as the Trump Administration itself.
Somewhere, Mikhail Alexandrovich Bakunin –– the “Grandaddy of all Anarchists — must be smiling at how these “valueless bad dudes” can actually “con” constituents into voting for their own (and everyone else’s destruction). Of course, on the way to destruction, they don’t mind freeloading off the public purse. They just mind it when others get their fair share of the pie.
The Dems need to peel off enough GOP moderate support to enact a decentDream Act. They definitely can’t go with the White Nationalist inspired — essentially racist (let’s be upfront about it) — end of so-called “chain migration.”
Chain migration is actually the White Nationalists’ misnomer for “Beneficial Family Migration” that has helped make America great and is essential to our future success. Yeah, they aren’t all White Christians who arrive with PhDs speaking English (although some family members undoubtedly fit this mold). And, that’s a good thing for both us and them that “they aren’t, and they don’t.”
While I can see a case for some additional immigration enforcement resources, increases should be limited to technology, management improvements, and increased legal resources for the ICE Offices of Chief Counsel.
Under NO circumstances should more immigration agents be authorizedunless and until DHS improves their current hiring and training practices; abandons “Gonzo enforcement” for a rationally tailored enforcement program along the lines of other law enforcement agencies; and closes down the majority of their unnecessary, wasteful, and counterproductive “American Gulag,” starting with substandard and corrupt private immigration detention facilities.
With the border largely under control, interior enforcement without any discernible plan, rational objectives, or meaningful results, and the U.S. Immigration Courts in complete disarray under Sessions, there is no need for yet more immigration agents at present.
What on earth would they do? “Bust” more janitors, maids, landscapers, mothers, and students who are helping America? Then what? Throw them into the collapsing Immigration Courts which already have enough work for the balance of this Administration?
It’s much more likely that White Nationalists Trump, Sessions, and their cronies would build up an internal security police, to be used against America, than that additional agents would be put to any reasonable, permissible, and constructive use. It’s a prescription for disaster. And, ironically, one that should worry the GOP “Bakuninists.” Hard to see how expanding Government domestic police resources without rational assignments or goals should be a priority for folks who want to “shrink government, then drown it in a teacup.”
And anyone who says that the so-called “Trump Executive Orders” (an exercise in “Gonzo racist irrationalism” if I’ve ever seen one) is some sort of “reasonable blueprint” has been smoking some stuff stronger than can legally be bought in Colorado. Yeah, Trump can issue any Executive Order he wants to. But, he can’t fund most of his unnecessary initiatives without Congressional permission. This is Congress’s chance to force some rationality back into the U.S. Immigration enforcement system, which has taken a decidedly irrational, racist, and xenophobic turn under Trump and Sessions.
“As he awaits his fate in a remote Texas jail, Mr. Gutierrez, 54, remains convinced of the peril he faces if deported to his native country. “My life depends on this [appeal],” he said by telephone in a news conference organized Monday by the National Press Club. “I’m terrified to set foot in Mexico.”
The judge who denied asylum in the case, Robert S. Hough, pointed to an absence of documentary and testimonial corroboration of Mr. Gutierrez’s claim. The woman who relayed word of the alleged death threat did not come forward; neither did Mr. Gutierrez’s former boss at the newspaper for which he worked in Chihuahua. Much of Mr. Gutierrez’s case comes down to his word.
Nonetheless, the judge’s cut-and-dried application of the law fails to take into account conditions in Mexico generally and the peril faced there by journalists in particular. It’s not surprising that Mr. Gutierrez cannot recover copies of his articles, written more than a decade ago for a regional newspaper. Nor is it unusual that witnesses are reluctant to come forward, given the fear with which many Mexicans regard the security forces.
As a U.N. report published this month concluded, citing the deaths, disappearances and attacks on dozens of journalists tallied by Mexico’s Human Rights Commission, “The data . . . presents a picture for the situation of journalists in Mexico that cannot be described as other than catastrophic.” Against that background, it seems cavalier to dismiss the threat Mr. Gutierrez faces should he be deported to Mexico. He should be granted asylum.”
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Read the complete Editorial at the link.
Unfortunately, a “cut and dried application of the law” without proper regard to the facts or reality is a disturbingly accurate snapshot of what all too often happens daily in our Immigration Courts, a “wholly owned subsidiary” of the US Department of Justice and part of the “Trump Conglomerate” (formerly known as the US Government).
Our failing US Immigration Court system and its aggravation by AG “Gonzo Apocalypto’s” oft-expressed hostility to immigrants, asylum, the rule of law (except his 1950s “Jim Crow” views on the law and how it should be a tool for injustice and advancing White Nationalism), lawyers, Latinos, Mexicans, and the press has become an almost daily topic for major editorial boards. At least someone (other than me) is watching and documenting as this mockery of American justice unfolds before us.
In particular, too many U.S. Immigration Judges are tone-deaf to Mexican asylum claims, not wanting to be accused of “opening the floodgates” ( a concept that is nowhere to be found in the actual law) and knowing that “Gonzo” wants lots of “quick removals” rather than asylum grants. Additionally, the only administrative check on the Immigration Judges’ authority is a weak Appeals Board that never “calls out” overly restrictive Immigration Judges by name and seldom publishes precedents granting asylum. Truly, a prescription for a “Due Process Disaster!”
Judge Hough seems to have forgotten that under the law:
”Corroborating evidence” can only be required if it is “reasonably available;”
Testimony may be corroborated by country condition information describing the same abuses that the applicant claims;
The standard for granting asylum is a generous “well-founded fear” or “reasonable likelihood” of future harm which can be “significantly less than probable — as little as a 10% chance can suffice;
Asylum applicants are supposed to be given the “benefit of the doubt” in recognition of the evidentiary challenges of providing proof of persecution and the difficulties of relating traumatic events in the past.
It remain to be seen whether the Board of Immigration Appeals, EOIR’s “Appellate Court,” will correct Judge Hough’s life-threatening errors and, further, issue a strong precedent on asylum for foreign journalists (traditionally one of the most vulnerable and persecuted groups) to prevent further miscarriages of Justice such as this. Such a precedent would also discourage the DHS from continuing to abuse our system by pushing for removal (and needless detention) in cases such as this where a grant of asylum at the DHS Asylum Office or at the hearing following the testimony would be the correct result.
Or, will the next major editorial describe and decry Mr. Gutierrez’s death in Mexico!
In a well-functioning justice system, this case should have been a “Short-docket, No-brainer Grant.” But, Gonzo Apocalypto seeks to use the US Immigration Courts as an extension of DHS enforcement rather than, as they were intended, as Courts guaranteeing fairness, Due Process, and equal justice for all! We need change. Lots of it!
[NOTE: For those interested, Judge Hough apparently has not decided enough asylum cases on the merits in El Paso to be listed on the statistical profile of asylum outcomes maintained by TRAC Immigration.]
“The broader dysfunction in America’s immigration system remains largely unchanged. Federal immigration courts are grappling with a backlog of some 600,000 cases, an epic logjam. The administration wants to more than double the number of the 300 or so immigration judges, but that will take time. And its recent moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.
Mr. Trump’s campaign bluster on deportation was detached from reality. He said he’d quickly deport 2 million or 3 million criminal illegal immigrants, but unless he’s counting parking scofflaws and jaywalkers, he won’t find that many “bad hombres” on the loose. In fact, legal and illegal immigrants are much less likely to end up in jail than U.S. citizens, according to a study by the Cato Institute.
The president’s sound and fury on deportation signify little. He has intensified arrests, disrupting settled and productive lives, families and communities — but to what end? Only an overhaul of America’s broken immigration system offers the prospect of a more lasting fix.”
*********************************
Read the full article at the link.
The Post also points out the damage caused by Trump’s racist “bad hombres” rabble rousing and the largely bogus nature of the Administration’s claims to be removing “dangerous criminals.” No, the latter would require some professionalism and real law enforcement skills. Those characteristics are non-existent among Trump Politicos and seem to be in disturbingly short supply at DHS. To crib from Alabama GOP Senator Richard Shelby’s statement about “Ayatollah Roy:” Certainly DHS can do better than Tom Homan.
And certainly America can do better than a US Immigration Court run by White Nationalist Attorney General Jeff “Gonzo Apocalypto” Sessions. Gonzo’s warped concept of Constitutional Due Process is limited to insuring that he himself is represented by competent counsel as he forgets, misrepresents, misleads, mis-construes, and falsifies his way through the halls of justice.
Jeff Sessions does not represent America or American justice. The majority of American voters who did not want the Trump debacle in the first place still have the power to use the system to eventually restore decency, reasonableness, compassion, and integrity to American Government and to send the “Trump White Nationalist carpetbaggers” packing. The only question is whether or not we are up to the task!
IMMIGRATION CONSUMERS’ PROTECTION PROGRAM (“ICPP”)
BY Paul Wickham Schmidt, United States Immigration Judge (Retired)
Get a lawyer.
Make sure lawyer is real & reputable.
Confirm bar admission and check complaints online.
Firm website should confirm that immigration is a primary area of practice.
Google published immigration cases and check results.
Get it in writing.
In a language you understand.
If it’s too good to be true, it probably isn’t.
Play to tell the truth.
With lawyer, court, DHS.
Keep your appointments with your lawyer.
Time is money – YOUR money!
Lawyer needs complete and accurate information to help.
Show up for all Immigration Court hearings at least 30 minutes early.
Failing to appear (“FTA”) is the worst possible thing you can do in Immigration Court.
FTA = Final Order of Removal = Arrest, Detention & Immediate Removal = YOU become “low hanging fruit” for DHS’s “jacked up” removal goals!
Dress the part.
No cutoffs, t-shirts, flip-flops, halter-tops, crop tops, underwear showing, muscle shirts, flashy distracting jewelry, “rainbow hair,” shirts with (particularly political) slogans, baseball caps in Immigration Court.
Dress as you would to go to the funeral of someone you respected.
Avoid the “Big Five:”
Alcohol
Drugs
Domestic violence
Gangs
Driving violations of all types.
OWLs can be a problem and eventually turn into felonies in Virginia!
That’s what busses, trains, friends, co-workers, bikes, and strong legs are for.
Keep all documents – originals and at least one copy.
Never give away originals (unless the judge requires it) or your only copy of a document.
Pay taxes.
Stay in school or keep employed.
Ask questions.
Insist on an explanation that you understand in a language you understand.
Don’t sign anything you don’t understand.
Make sure everything has been translated for you.
Comply with all court orders.
Use available resources:
Internet
1-800 number
Immigration Court Practice Manual (“ICPM”) (online).
Don’t forget family and friends.
They can be some of your best resources.
(12-10-17)
This outline contains some of the points that I emphasized during my two Spanish-language radio appearances in Richmond, Virginia on Friday, December 8, 2017!
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.“
****************************
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?
“(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.”
*************************
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.
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.”
*************************************
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!
THE TRUMP administration likes to justify its multi-front crusade against immigration and immigrants as a revival of the rule of law, or a recalibration of the rules to favor disadvantaged American workers. In fact, it is largely a resurrection of xenophobia that coincides with a spike, nearly 50 years in the making, in the number of foreign-born residents living in the United States.
“For decades,” Attorney General Jeff Sessions said in a speech in October, “the American people have been begging and pleading . . . for an immigration system that’s lawful and serves the national interest. Now we have a president who supports that.”
Mr. Sessions’s claims are specious. An embrace of legality is not the driving force behind the president’s decision to slash the admission of refugees to levels unseen in nearly 40 years. It is not what compelled Mr. Trump to endorse Republican legislation that would cut the annual allotment of green cards by a half-million, mainly by barring relatives of existing legal permanent residents of the United States. It is not why the Pentagon has considered ending a recruitment program that put skilled foreigners on a fast track for citizenship if they served in this country’s armed forces. And it is not why the administration favors ending the so-called diversity visa lottery program, under which immigrants are admitted from nations underrepresented in other programs.
Those programs were all legally enacted and, by and large, carried out in compliance with the law. The animating force in targeting them, as the administration is now doing, is an effort to turn back the tide of foreigners in our midst and exorcise what the president evidently sees as the demon of diversity.
The administration’s goal is not to reshape America’s immigration policy but to prune immigration itself. While Mr. Trump backs a GOP plan that would give preference to immigrants with skills rather than family connections in the United States, the effect would be not simply to shift the mix while maintaining the current level of legal immigration but to drastically reduce overall numbers of admissions.”
. . . .
Unfortunately, Mr. Trump has poisoned the debate on immigration so thoroughly that he has twisted the frame through which many Americans see the issue. His slurs — labeling Mexican immigrants as rapists and Muslim immigrants as terrorists — form the context from which the administration’s policies arise. They are affronts to U.S. tradition and values.
They’re also an assault on what Mr. Sessions refers to as “the national interest” and specifically the United States’ economic well-being. Legions of employers dependent on immigrant workers, especially to fill low-skilled jobs for which native-born Americans are too well educated and in short supply, will be harmed by choking off the flow of immigrant labor. With unemployment at a 16-year low and approaching levels unseen in a half-century, the Trump policies threaten to sap the economy by depriving it of the energy of striving newcomers who have fueled this nation’s ambitions since its founding.
It is within the president’s discretion to intensify efforts at deportation, though the humanitarian price — in shattered communities and families, including those whose children, born in this country, are Americans — is high. It is reasonable to take steps to tighten border security, though with illegal crossings already at a 40-year low and the Border Patrol’s staffing having already been doubled since the George W. Bush administration, a significant new investment along those lines faces the risk of diminishing returns. The administration may arguably have had a valid legal basis for ending the Obama-era program granting deportation protection for “dreamers” — undocumented immigrants who entered the country as children, often brought by their parents — though only a smallish minority of Americans believes they should be removed from this country.
But what value, other than sheer bigotry, is served by reducing the resettlement of refugees in the United States at a time when the number of displaced people worldwide has soared to staggering levels? In a country founded and in many respects shaped by refugees — a country that has resettled some 3 million refugees since 1980, more than any other nation — why does the Trump administration insist on turning its back on them now, when some 17 million people have been displaced from their homes across international borders around the world due to conflict or persecution, the highest number in a quarter-century?
It is clearly jarring to some Americans that the foreign-born portion of the overall population has nearly tripled since 1970. Many communities, towns and cities have been transformed culturally and socially by that surge, about a third of which was driven by illegal immigrants.
In some places, local government budgets have strained to provide services for immigrants, particularly public education, and the economic dislocation felt by many working-class Americans is a fact. But that dislocation is not mostly caused by immigrants. The United States is a more prosperous place today than it was before the surge in immigration, and immigrants have fed that prosperity — by helping to harvest America’s crops, build its cities, care for its young and elderly, and found some of its most buoyant companies.
. . . .The Trump administration’s crusade against immigration and immigrants is not just a quest to diminish the influence of the “other”; it is an assault on the nation’s future and prospects.”
*********************************
Read the complete editorial at the link.
This is largely (not entirely — I believe that there is a sound legal basis for continuing DACA, for example) what I’ve been saying all along:
Jeff Sessions is a bigoted, xenophobic, anti-American scofflaw whose disingenuous, self-righteous claims to be restoring the “Rule of Law” (that would be the “Jim Crow laws” of Sessions’s Alabama past) are totally outrageous;
The real purpose of the Administration’s xenophobic program is to divide and weaken America by stirring up racial, religious, and ethnic animosities;
The “Gonzo,” arbitrary interior enforcement program serves no useful purpose other than playing to the “biases of the base” and the wishes of some (not all) disgruntled immigration enforcement agents for unbridled authority;
Our xenophobic anti-immigrant rhetoric and policies are costing us leadership and respect on the world scene (just this weekend, the Administration withdrew from the UN Global Migration Pact);
Our past strength as a nation and our future success and prosperity is based on immigration (and, the US clearly has benefitted from BOTH legal and “extra-legal” migration);
The Trump Administrations’s rhetoric and actions are preventing us from having the serious discussion we need: how we can better regulate (not cut off, diminish, or eliminate) future legal migration of all types to serve our national interest (and to be more “in tune” with “market realities” that drive much immigration), reflect our humanitarian values and the legitimate needs of current and future migrants, and encourage use of our legal immigration system, thereby diminishing the incentives for extra-legal migration.
As long as U.S. immigration policy remains in the hands of White Nationalist xenophobes like Trump, Sessions, Miller, and Bannon (yes, Stevie “Vlad the Lenin” has vacated his perch in the West Wing, but he continues to pull strings through his White Nationalist disciples Sessions and Miller and to stir the pot through his alt-right “news” apparatus Breitbart News) we won’t get the constructive dialogue and the humane, realistic “immigration reform” that we really need. In other words, under current leadership, the real “Rule of Law” will continue to be diminished.
“A Republican lawmaker on Tuesday joined congressional Democrats in saying he won’t support government funding at the end of the year without a resolution for young undocumented immigrants, adding heat to already tense negotiations.
Florida Rep. Carlos Curbelo has long been pushing for a permanent version of the Deferred Action for Childhood Arrivals program that President Donald Trump has decided to end, but Tuesday was the first time he committed to withhold a vote for funding in search of a deal.
“I’m announcing today that I will not support any appropriations bill that funds the government beyond December 31 unless we get this DACA issue resolved,” Curbelo said at a panel on immigration reform in Florida held by the pro-immigrant business group IMPAC Fund and the University of Miami.
Curbelo had stopped short of the threat just before leaving for Thanksgiving recess. Tuesday’s move puts him in the same camp as a growing number of Democrats, who have said they would not support any funding bill without a solution on DACA, which protects young undocumented immigrants who came to the US as children from deportation.
. . . .
Curbelo said he has no requirements about what the deal might entail, other than a reasonable compromise, and said he would be supportive of either combining it with spending or a standalone bill, but that it would have to be done by the end of the year.
Republican leadership has been disinclined to combine the two efforts and has pointed to the March deadline set by Trump for permits to begin expiring. Republican senators said after meeting with Trump earlier this month that they had ruled out putting DACA on a funding bill.
“I don’t think it’s going to be resolved in the context of the year-end omnibus, I think it’s going to be handled separately,” Majority Whip Sen. John Cornyn, R-Texas, told CNN in the Capitol on Monday, but he didn’t say whether they could be accomplished at the same time.
“We’re not there yet. We’re still talking,” he said.
Curbelo also said during the event that the bipartisan Problem Solvers Caucus is near completion on its proposal for a compromise.
“What we’ve essentially done is taken the (Recognizing America’s Children Act, which Curbelo authored) and the Dream Act and married them and then taken some border security components and put them into a bill. That’s almost ready to go,” Curbelo said.
His bill has 35 co-sponsors in the House, all but one of which are Republicans. It has a Senate companion, as well.
Democratic Florida Reps. Frederica Wilson and Ted Deutch were also on the panel and supported Curbelo’s position on funding.”
*********************************
Read Tal’s complete article at the link.
Stay tuned! I’d say it’s still “too close to call.”
ALANNA DURKIN RICHER REPORTS FOR ASSOCIATED PRESS ON ABC NEWS:
“Dozens of Indonesians fighting deportation from the United States won another reprieve Monday when a judge ruled that a federal court has the authority to take up their case.
U.S. District Court Judge Patti Saris in Boston rejected the government’s argument that the court doesn’t have jurisdiction in the matter and that immigration officials should be allowed to immediately deport the Indonesians.
An attorney for roughly 50 Christian Indonesians, who fear persecution if returned home, called the judge’s decision “enormously significant.”
“It reaffirms the central role of the federal courts in ensuring that there is a fair process when someone’s life may be at stake,” said Lee Gelernt, of the American Civil Liberties Union’s Immigrants’ Rights Project. “The court soundly rejected the government’s position that the federal courts lack authority to ensure that individuals have an opportunity to present their case before an immigration judge before they’re removed.”
The judge is blocking immigration officials from removing the Indonesians until the court considers their request for a preliminary injunction. She had initially put their deportation on hold until she could decide whether the court had authority to take up the matter.
The government already appealed the judge’s earlier decision to the 1st U.S. Circuit Court of Appeals and is likely to challenge her latest ruling.
Many of the Indonesians went to seacoast communities in New Hampshire, where they found jobs and raised families. In a deal brokered by Democratic U.S. Sen. Jeanne Shaheen, of New Hampshire, in 2009, they were allowed to stay as long as they regularly reported to the Immigration and Customs Enforcement office.
But in recent months, they were told during their visits to the immigration office that they should buy plane tickets and prepare to leave the country. Some said they fear returning to Indonesia, a Muslim-majority country, due to an uptick in intolerance and violence against Christians and other minorities.
Shaheen said she’s “very encouraged” by the ruling.
“New Hampshire should continue to be a sanctuary to the Indonesian community that fled religious persecution,” Shaheen said in a statement. “Deporting these individuals will needlessly split families and communities, and put lives in danger. I’ll continue to make every effort to prevent these deportations so that the Indonesian community can continue to live peacefully in New Hampshire.”
A federal judge in Michigan ruled in July that a U.S. district court has jurisdiction in a similar immigration case. The government is challenging that ruling, which halted the deportation of 1,400 Iraqi nationals, including many Christians fearing persecution.”
Yet another setback for the Trumpsters in their quest to deny legal and human rights to the most vulnerable among us. This one also appears on its face to be politically motivated. When will Christian Evangelicals finally wake up to the threat that this Administration poses to everyone in America?
“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 meanminority 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:
Expedited Removal is Not the Answer to the Backlog
With the immigration court backlog at over 600,000 cases and rising, immigration law commentator (and fellow BIA alum) Nolan Rappaport recently suggested that the present administration might view the increased use of expedited removal as “the only viable alternative” to shrink the swelling tide of cases. My fellow blogger Paul Schmidt has opposed such approach; I wish to join him in adding my arguments as to why the expansion of expedited removal would be unacceptable.
If the criminal court system were to be flooded to the breaking point, the solution could not be to let supervisory police officers decide which defendants might have a reasonable enough chance of being found innocent and get to go to court, and just find the rest guilty without the right to a trial. However, that is pretty much the premise of expedited removal. An overwhelming volume of cases cannot be used to justify the stripping away of due process protections.
Our immigration courts have evolved significantly over the decades. Deportation hearings were once conducted by “special inquiry officers,” who were attorneys working for the INS. Beginning in 1973, immigration judges began presiding over hearings. In 1983, those judges were separated from the INS into a separate adjudicatory agency, EOIR. In 2002, INS was moved into three components within the newly-created DHS, while EOIR remained in the Department of Justice. The strong motive behind these developments was that the agency charged with enforcement was not suited to serve as a neutral factfinder and decision maker. Increasing the scale of expedited removal would undo the above progress and return decision-making into the hands of the enforcement branch – the legal equivalent of having the fox guard the hen house.
Immigration judges render decisions independently, with no pressure or influence from their higher-ups. This is not true of asylum officers. I had one case years ago in which the asylum officer’s supervisor so adamantly opposed the grant of asylum that the officer had to wait until the supervisor went on vacation, and then had the acting supervisor sign off approving the grant. I have also heard of an asylum office director pressuring the staff to grant fewer cases in order to bring the office’s grant rate closer to the lower grant rate of another asylum office. Furthermore, to the extent that those seeking expedited removal are able to obtain counsel in the short time frame provided (and while detained, sometimes in remote settings), asylum officers allow attorneys a greatly reduced role in the process. In immigration court, the attorney makes legal arguments and objections, questions the respondent, and lays the foundation for documents to be offered into evidence. Even in full asylum office interviews, attorneys are relegated to sitting in the back row and taking notes. As the government’s own statistics show that represented asylum seekers are twice as likely to be granted relief, the asylum office’s minimizing of the attorney’s role clearly lessens the asylum seeker’s chance of success.
Expedited removal has really never worked well. In opposing its implementation in the mid-1990s, myself and other advocates argued that the legal threshold – the newly-created “credible fear” standard – was problematic. When the 1980 Refugee Act adopted the legal standard of “well-founded fear” for asylum claims, INS interpreted the term to mean “more likely than not;” it took seven years of litigation and a decision of the U.S. Supreme Court to correctly define the standard as requiring only a 10 percent chance of persecution. But expedited removal asked us to trust the same INS to properly interpret the vague new “credible fear” standard, and this time without the right to seek judicial review. Not surprisingly, so many mistakes were made after the standard was implemented that by mid-1997, the then INS director of asylum instructed asylum officers to simply find all applicants professing a fear of persecution to have met the credible fear standard. Those who claimed no fear in their countries were summarily removed; INS claimed that the majority of arrivees were in this latter group.
But where they really? A person arriving in this country only gets a credible fear interview if they indicate to the Customs and Border Patrol (CBP) officer who first encounters them that they fear return to their country. Two studies conducted over a decade apart by the U.S. Commission on International Religious Freedom, a government entity, found serious problems with the screening process of those arriving but not found admissible to the U.S. According to USCIRF, some arrivees were never asked whether they feared return; others who were asked and responded in the affirmative had “no” recorded in their statements, which were often not read back to them. The USCIRF report cited instances in which those wishing to seek asylum were pressured into signing inaccurate statements, or even into retracting their fear claims and withdrawing their applications for admission.
The answer to the immigration court backlog is clearly not to subject more people to the flawed and biased expedited removal system in lieu of removal hearings. To my knowledge, every other high volume court employs prosecutorial discretion and stipulated settlements to lessen the case load. Plea bargains are employed in everything from murder to traffic court cases. Under the Obama administration, prosecutorial discretion was employed in immigration court and significantly helped prosecutors and judges deal with the caseload. For unknown reasons, the present administration has ended this useful practice. DHS attorneys are also being instructed to oppose requests to terminate proceedings made by those wishing to leave the U.S. to attend immigrant visas abroad. These intending immigrants want to leave the country, and will only be allowed to return legally if they are found by a U.S. consular officer to be qualified and admissible to this country; under the prior administration, termination under these circumstances was readily agreed to by DHS. At the same time DHS is forcing so many immigrants to unnecessarily remain in removal proceedings, the agency will not put into proceedings those who want to be there in order to apply for certain types of relief that may only be granted by an immigration judge, such as cancellation of removal. Preventing immigrants from obtaining legal status to which they might be entitled seems suspiciously consistent with the present administration’s desire to stem the pace of naturalization in order to preserve the voting bloc that brought them to office last year.
Copyright 2017 Jeffrey S. Chase. All rights reserved.
“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!
“The Temporary Protected Status program provides the sort of assistance the United States should be proud to extend to foreigners fleeing civil unrest, violence or natural disasters. Enacted by Congress in 1990, it currently offers safe and legal harbor to 437,000 people from 10 countries. Many stay for a long time, their status regularly extended because of continued turmoil in their homelands.
That, alas, is a far cry from the spirit of the Trump administration. But even President Trump’s bombastic pledges to throw up a Mexican border wall, expel illegal immigrants and bar entry to Muslims are different from expelling people who, though they may have entered the United States illegally, have been allowed to stay legally, often for many years, with solid jobs and large families, while their homelands remain unsettled or dangerous.
On Thanksgiving, of all days, the Department of Homeland Security is to announce whether it will extend the temporary protected status that was granted to about 50,000 Haitians when their country was devastated by an earthquake in 2010. Their stay has been regularly extended, but in May, John Kelly, then secretary of homeland security and now the White House chief of staff, gave them only six more months, explicitly to get ready to go home. Unless their status is extended this week, they must leave by Jan. 22.
By any reasonable measure, Haiti is not ready to take them back. The destitute country has never fully recovered from the 2010 earthquake or the cholera epidemic that followed. Last year, Hurricane Matthew added even more suffering. The country does not have the resources to absorb 50,000 people, and the money they have sent back is a critical source of income for their relatives and homeland.
Every member of Congress who represents South Florida, where most of these Haitians live, is in favor of extending their status. One of them, Representative Ileana Ros-Lehtinen, a Republican from Miami, is among the congressional members of both parties who have proposed legislation that would allow these immigrants to eventually apply for permanent residency, which is not possible under current rules.”
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Read the full editorial at the link.
Haitians seem to have gotten the “short end” of US immigration, refugee, and humanitarian policies over the years.
Let’s take a look at the latest Country Report on Human Rights issued by the US State Department:
“The most serious impediments to human rights involved weak democratic governance in the country worsened by the lack of an elected and functioning government; insufficient respect for the rule of law, exacerbated by a deficient judicial system; and chronic widespread corruption. Other human rights problems included significant but isolated allegations of arbitrary and unlawful killings by government officials; allegations of use of force against suspects and protesters; severe overcrowding and poor sanitation in prisons; chronic prolonged pretrial detention; an inefficient, unreliable, and inconsistent judiciary; governmental confiscation of private property without due process. There was also rape, violence, and societal discrimination against women; child abuse; allegations of social marginalization of vulnerable populations; and trafficking in persons. Violence, including gender-based violence, and crime within the remaining internally displaced persons (IDP) camps remained a problem. Although the government took steps to prosecute or punish government and law enforcement officials accused of committing abuses, credible reports persisted of officials engaging in corrupt practices, and civil society groups alleged there was widespread impunity.”
Sound like a place where 50,000 additional refugees can be safely returned and reintegrated? Preposterous!
No, the only thing that has changed here is the political motivation of the Administration; TPS — some of the most successful, efficient, and cost effective migration programs the US has ever run — has become a target of the xenophobic, White Nationalist, restrictionist wing of the GOP.
Allowing 50,000 Haitians already residing here to remain costs the US nothing — in fact their continued presence is good for the US economy and our international image. Not to mention that many of the Haitian TPS holders have relatives with legal status in the US.
On the other hand, pulling TPS and removing these individuals could have catastrophic consequences for the individuals involved, their families, and their US communities. And, it’s likely to overwhelm Haiti, a country that has already proved unable to take care of its existing population.
Anywhere but the Trump Administration, extending TPS for Haitians and others while looking for a long-term solution that would give them some type of permanent status in the US would be a “no brainer.” But, in the Trump Administration immigration and refugee policies appear to be driven largely by a policy of “no brains” — just unnecessary cruelty, wasting resources, diminishing our international humanitarian standing, and playing to the xenophobia, racism, and hate of the White Nationalists.