⚖️ JUDGE TARA NASELOW-NAHAS “JUST SAYS NO” TO ICE’s ATTEMPTED IRAQI DEPORTATION! — Ruling Comes After U.S. Magistrate Judge Found DOJ’s Failed Extradition Attempt Based On Bogus Evidence!

Bob Egelko
Bob Egelko
Courts Reporter
SF Chronicle
PHOTO: SF Chron

Bob Egelko reports for the SF Chron:

https://www.sfchronicle.com/bayarea/article/Immigration-judge-blocks-deportation-of-17035086.php

An immigration judge has blocked the deportation of a Sacramento man to his native Iraq where he would face trial, and likely execution, for a terrorist murder — a murder that, according to a U.S. magistrate, took place while the man was in another country.

Omar Ameen was granted U.S. refugee status in 2014 by immigration officials who said he would face persecution in Iraq. But the U.S. government jailed him in August 2018 while Iraq sought to extradite him on a murder charge.

Last April, U.S. Magistrate Judge Edmund Brennan found that the crime Iraq accused Ameen of committing, the fatal shooting of a police officer in 2014 before his departure for the U.S., had taken place while Ameen was 600 miles away in Turkey, where he had fled from Iraq more than two years earlier.

U.S. Immigration and Customs Enforcement then sought to deport Ameen to Iraq, saying he had lied about his alleged terrorist connections and other subjects, and kept him in custody. But Immigration Judge Tara Naselow-Nahas of Van Nuys (Los Angeles County) ruled last week that Ameen could not be deported to Iraq because he was likely to be jailed and tortured there. She did not dismiss ICE’s claim that Ameen had made false statements, but said she found no evidence of terrorist connections.

. . . .

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Read the rest of the article at the link.

Immigration Judges make critical life or death decisions every day. Yet the system suffers from gross inconsistencies, huge backlogs, lack of discipline, poor intellectual leadership, an appellate board mired in leftover Trumpism, and an Attorney General who generally has been slow to recognize the importance of Immigration Court reform and a focus on due process, fundamental fairness, expertise, and quality in his “wholly owned” system.

One of the lead attorneys for Mr. Ameen is Round Table stalwart and former Immigration Judge Ilyce Shugall!  Congrats to Ilyce and her team!

Hon. Ilyce Shugall
Hon. Ilyce Shugall
U.S. Immigraton Judge (Retired)
Member Rounds Table of Former Immigration Judges

Here’s more on the case from KCRA News:  https://www.kcra.com/article/omar-ameen-cannot-be-sent-to-iraq-what-happens-next/39566797

🇺🇸Due Process Forever!

PWS

03-29-22

 

POPE FRANCIS SPEAKS OUT FOR MIGRANTS! — “Let us stop ignoring reality, stop constantly shifting responsibility, stop passing off the issue of migration to others, as if it mattered to no one and was only a pointless burden to be shouldered by somebody else!”

Pope Francis
Pope Francis
Unknown artist
Public realm

https://www.huffpost.com/entry/pope-comforts-lesbos-migrants-urges-refugee-aid_n_61accddbe4b044a1cc2482b3

AP reports on HuffPost:

LESBOS, Greece (AP) — Pope Francis returned Sunday to the Greek island of Lesbos to offer comfort to migrants at a refugee camp and blast what he said was the indifference and self-interest shown by Europe “that condemns to death those on the fringes.”

“Please, let us stop this shipwreck of civilization!” Francis said at the Mavrovouni camp, a cluster of white U.N. containers on the edge of the sea lined by barbed wire fencing and draped with laundry hanging from lines.

Arriving at the camp, a maskless Francis took his time walking along the barricades, patting children and babies on the head and posing for selfies. He gave a “thumbs up” after he was serenaded by African women singing a song of welcome.

. . . .

“The arrival of the pope here makes us feel blessed because we hope the pope will take us with him because here we suffer,” Kiaku said as she waited in a tent for the pope to arrive.

But no papal transfers were announced this time around, though during the first leg of Francis’ trip in Cyprus, the Vatican announced that 12 migrants who had crossed over from the breakaway Turkish Cypriot north would be relocated to Italy in the coming weeks. Cypriot officials said a total of 50 would eventually be sent.

Francis’ five-day trip to Cyprus and Greece has been dominated by the migrant issue and Francis’ call for European countries to stop building walls, stoking fears and shutting out “those in greater need who knock at our door.”

“I ask every man and woman, all of us, to overcome the paralysis of fear, the indifference that kills, the cynical disregard that nonchalantly condemns to death those on the fringes!” he said. “Let us stop ignoring reality, stop constantly shifting responsibility, stop passing off the issue of migration to others, as if it mattered to no one and was only a pointless burden to be shouldered by somebody else!”

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

Read the complete report at the link.

Xenophobia, cruelty, racism, and nativist nationalism won’t stop human migration. But, it will cause more unnecessary pain, suffering, death, and wasted lives.

🇺🇸Due Process Forever!

PWS

12-05-21

👎🏽IS GARLAND PULLING A SESSIONS-STYLE SHENANIGAN TO COMPROMISE JUSTICE @ EOIR? — Immigration Judge Removed From High-Profile Case After Criticizing DHS!

 

Sessions in a cage
“Comeback Kid?” — Advocates thought they were getting a welcome change from “Gonzo Apocalypto’s” vile legacy of abuses at EOIR. But, Garland seems to be warming to the idea of “wholly-owned courts” where he can manipulate “his” judges, many of them Sessions-Barr holdovers,” to achieve pro-DHS results in key cases. Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license

 

KCRA3 in Sacramento reports:

https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.kcra.com%2farticle%2fimmigration-judge-omar-ameen-case-replaced-department-justice%2f37551036&c=E,1,yS6wbDb1XxjixHZMWBWlS1g2lSyzCFYmd-OZv1yWPUzG8lSaeKiR8On89auj__3kIGZLWvu2M1thmOJhsYAXibmhhmngZdIxgaC3VpTL2w,,&typo=1

The judge overseeing the last two weeks of hearings and testimonies of Omar Ameen’s immigration case has been changed by the Department of Justice, sources close to the case told KCRA 3.

Ameen was the Sacramento refugee accused of being an ISIS leader and killing an Iraqi police officer in 2014.

Earlier this year, a Sacramento federal judge said there were major problems with the case against Ameen and refuse extradition to Iraq.

However, the U.S. Immigration Department took Ameen into custody the day he was released and began proceedings to deport him, claiming he lied on refugee applications.

Sources told KCRA 3 Investigates that immigration Judge Scott Laurent, after weeks of hearings and testimony in the deportation case, is no longer the judge in the case.

The removal comes just two weeks after Laurent issued an order that was, in part, critical of the government’s case against Ameen.

In particular, Laurent was critical of the Department of Justice for wanting FBI agents to testify for the government, but not be cross-examined by Ameen’s attorneys.

Unlike a criminal court, immigration judges work for the Department of Justice, which is the agency looking to deport Ameen.

No reason was immediately provided for Laurent’s removal from the case.

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

Go to the link to see the TV report!

In what other system can the prosecutor “switch judges,” with no explanation in the middle of a case?

Given the DOJ’s lack of transparency, one has to assume the worst!

🇺🇸Due Process Forever!

PWS

10-13-21

⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Two most recent recent rebukes, courtesy of Dan Kowalski at Lexis-Nexis Immigration Community:

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/ca6-on-exceptional-circumstances-e-a-c-a-v-rosen

Immigration Law

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Daniel M. Kowalski

12 Jan 2021

 

  • More

CA6 on Exceptional Circumstances:

E.A.C.A. v. Rosen

“[W]e conclude that the BIA abused its discretion by denying E.A.’s motion to reopen. E.A.’s mother’s recent childbirth is a serious medical event, which coupled with E.A.’s minor age, her difficulty obtaining transportation, and her difficulty navigating the immigration system without assistance, constitute “exceptional circumstances” necessitating rescission of the in absentia removal order. … The BIA’s decision was also contrary to law, and therefore an abuse of discretion. … First, the BIA improperly considered E.A.’s age separately, rather than considering age alongside other factors, when determining that she had not shown that exceptional circumstances justified her failure to appear. Second, the BIA erred when it dismissed without adequate explanation E.A.’s evidence that she is eligible for SIJS. Finally, the BIA improperly stated that E.A. was required to present prima facie evidence that she was eligible for immigration relief as part of her motion to reopen. … For the foregoing reasons, we GRANT the petition for review, VACATE the removal order, and REMAND for further proceedings consistent with this opinion.”

[Hats way off to Rachel NaggarHere is a link to the audio of the oral argument.]

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https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca1-on-asylum-u-s-army-contractor-al-amiri-v-rosen

CA1 on Asylum, U.S. Army Contractor: Al Amiri v. Rosen

Al Amiri v. Rosen

“Salim Al Amiri, an Iraqi citizen, seeks relief from removal on the grounds of asylum, withholding of removal, and protection under the United Nations Convention Against Torture (“CAT”). He premises his requests for such relief on the harm that he fears that he would be subjected to in Iraq at the hands of members of Iraq’s military or civilian insurgents operating in that country. Al Amiri contends that he has reason to fear he would be subjected to that harm on account of his work as a paid contractor for the United States Army during the war in Iraq, as in that role he educated U.S. soldiers about Iraqi customs and practices as they prepared for their deployment. We vacate and remand the ruling of the Board of Immigration Appeals (“BIA”) denying his claims for asylum and withholding of removal, but we deny his petition insofar as it challenges the BIA’s ruling rejecting his CAT claim.”

[Hats off to J. Christopher Llinas!]

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

  • Congrats to all involved!
  • Think how much better this system would function with expert  judges who treated asylum applicants fairly from the “git go,” granted protection wherever possible in accordance with the the Refugee Act of 1980 and the (more “woke”) Supremes’ precedent in Cardoza-Fonseca, provided clear, positive guidance on how valid claims could be documented and granted, and promoted and consistently applied best practices to achieve efficiency with maximum due process.
  • At first glance, although the issue is reopening rather than a continuance, E.A.C.A. undercuts McHenry’s nativist, insanely wasteful, and totally dishonest attempt to “raise the bar” for routine continuances for asylum applicants who need time to properly document and prepare their cases.
  • The “Deny – Deny Program” — deny due process, deny relief — that infects EOIR’s “Star Chambers” (impersonating “courts”) is a huge backlog builder that kills people and screws up Court of Appeals dockets in the process. 
  • Reopening cases that should be reopened, getting to the merits, and getting the many properly grantable asylum cases represented, documented, and prioritized would be a huge step in reducing EOIR’s largely self-created and unnecessary “bogus backlog.” 
  • Ultimately, many of the clearly grantable asylum cases being mishandled and wrongly denied at EOIR, at great waste of time and resources, not to mention unnecessary human trauma, could, with real expert judges at EOIR setting and consistently enforcing the precedents, be granted more efficiently and expeditiously at the Asylum Office and ultimately shifted to a more robust and properly run Refugee Program.
  • In the longer run, once EOIR is redesigned and rebuilt as a proper court with real, independent, expert judges, it might be appropriate to place the Asylum Offices under judicial supervision, given the grotesque abuses and corrupt, perhaps criminal, mismanagement of the Asylum Offices by USCIS toadies carrying out the regime’s racist, White Nationalist, unconstitutional agenda of hate and waste.
  • NOTE TO JUDGE GARLAND👨🏻‍⚖️: Please fix the EOIR mess, Your Honor, before it brings you and the entire US justice system crashing down with it! This is a national emergency, and a damaging national disgrace, NOT a “back burner” issue!

Here’s some additional E.A.C.A. analysis by my good friend and NDPA “warrior queen” 👸🏽Michelle Mendez @ CLINIC!

Michelle Mendez
Michelle Mendez
Defending Vulnerable Populations Director
Catholic Legal Immigration Network, Inc. (“CLINIC”)

Subject: CLINIC MTR In Absentia Win at the CA6 on behalf of SIJS-Seeking UC (E. A. C. A. v. Jeffrey Rosen)

 

Greetings,

 

Sharing this win, E. A. C. A. v. Jeffrey Rosen, out of the CA6 by my amazing colleague Rachel Naggar who manages our BIA Pro Bono Project. This was an appeal of an IJ (Memphis) denial of an in absentia motion to reopen for a 13-year old unaccompanied child.

 

Interestingly, after oral argument, OIL filed a motion to remand the case (which Rachel opposed) and the CA6 denied that motion. Seems the CA6 really wanted to issue a decision on the merits and we are grateful for the decision. Here are some highlights from the decision:

 

SIJS

·       “Notably, the IJ’s decision does not mention E.A.’s claims that she was eligible for SIJS.”

·       FN 1: “As of the December 2020 Visa Bulletin, visas are available for special immigrants (category EB4) from El Salvador to adjust their status if their priority date is prior to February 2018. If DHS removes E.A. prior to approving her visa, she will be unable to apply for adjustment of status. See 8 U.S.C. § 1101(a)(27)(J).”

 

Totality of the Circumstances

·       “Based on the totality of the circumstances, including E.A. mother’s recent childbirth, E.A.’s young age, E.A.’s mother’s failed attempts to obtain counsel to help change the address of E.A.’s hearing, and E.A.’s inability to travel from New York to Memphis for the hearing, we hold that E.A. established exceptional circumstances.”

·       “Under the totality of the circumstances, E.A.’s young age is an important factor in determining whether exceptional circumstances exist.”

 

Exceptional Circumstances

·       “E.A.’s mother’s recent childbirth is a serious medical condition that supports reopening. The statute defining ‘exceptional circumstances’ that justify reopening an immigration proceeding lists the ‘serious illness of the alien, or serious illness or death of the spouse, child, or parent of the alien’ as an example. 8 U.S.C. § 1229a(e)(1). Childbirth is a serious medical event that necessitates a recovery period.”

·       “Instead of recognizing that childbirth is a serious medical condition, the BIA minimized the seriousness of childbirth and its impact on E.A.’s mother’s ability to bring E.A. to Memphis. […] Recovery from childbirth is exactly the type of circumstance that § 1229a(e)(1) was intended to cover.”

 

Prima Facie Eligibility

·       “Finally, the BIA erred by stating that E.A. was required to prove prima facie eligibility for immigration relief. The BIA’s decision improperly states that E.A. is required to show at this stage prima facie eligibility for relief. The statute governing motions to reopen removal orders entered in absentia provides that the petitioner must ‘demonstrate[] that the failure to appear was because of exceptional circumstances.’ 8 U.S.C. § 1229a(b)(5)(C). In general, we have stated that ‘[a] prima facie showing of eligibility for relief is required in motions to reopen.’ Alizoti, 477 F.3d at 451–52. In the case of a motion to rescind a removal order entered in absentia, however, the BIA has held that ‘an alien is not required to show prejudice in order to rescind an order of deportation” or removal. In re Grijalva-Barrera, 21 I. & N. Dec. 472, 473 n.2 (BIA 1996); see also In re Rivera-Claros, 21 I. & N. Dec. 599, 603 n.1 (BIA 1996). This is consistent with the statute governing motions to rescind removal orders entered in absentia, 8 U.S.C. § 1229a(b)(5)(C), which does not list a showing of prima facie eligibility for relief from removal as a requirement to rescind in absentia removal orders. Rivera-Claros, 21 I. & N. Dec. at 603 n.1; see also Galvez-Vergara v. Gonzales, 484 F.3d 798, 803 n.6 (5th Cir. 2007) (declining ‘to affirm the IJ’s decision on the grounds that [the petitioner] has not shown that he was prejudiced by his counsel’s performance’ because ‘In re Grijalva-Barrera, 21 I. & N. Dec. at 473 n.2, provides that an alien need not demonstrate prejudice for his counsel’s erroneous advice to constitute an ‘exceptional circumstance’ justifying rescission of an in absentia removal order’); Lo v. Ashcroft, 341 F.3d 934, 939 n.6 (9th Cir. 2003) (‘follow[ing] the BIA’s usual practice of not requiring a showing of prejudice’ to rescind an in absentia order of removal). We now join our sister circuits and hold that E.A. is not required to make a prima facie showing of eligibility for relief in order to obtain rescission under 8 U.S.C. § 1229a(b)(5) of the in absentia order of removal.”

 

Thanks to our entire Defending Vulnerable Populations team for supporting Rachel on the briefing, oral argument, and negotiations with OIL.

 

Gratefully,

 

Michelle N. Mendez | she/her/ella/elle

Director, Defending Vulnerable Populations Program

Catholic Legal Immigration Network, Inc. (CLINIC)

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

In addition to the “normal” overall White Nationalist, racist agenda that EOIR “management” has carried out under the defeated regime, there was a good deal of misogyny 🤮 involved in the BIA’s gross mishandling of the “pregnancy issue,” as described by the Sixth Circuit. This misogynistic trend can be traced back directly to the unconstitutional and unethical actions of mysogynist White Nationalist AG Jeff Sessions 🤮 🦹🏿‍♂️🤡in the “Matter of A-B- Abomination.” ☠️⚰️🏴‍☠️👎🏻

Biased, anti-migrant decision-making in support of bogus enforcement gimmicks and White Nationalist anti-democracy agendas builds backlogs and kills, maims, and tortures “real” people! Migrants are people and persons, not “threats” and “bogus statistics.” 

The “dehumanization” and “de-personification” of migrants, with the connivance of the tone-deaf and spineless GOP Supremes’ majority, is a serious, continuing threat to American democracy! It must stop! Justices who won’t treat migrants physically present in the U.S. or at our borders as “persons” under our Constitution — which they clearly are — do not belong on the Supremes! ⚖️🗽🇺🇸

I can also draw the lines connecting George Floyd, institutionalized racial injustice, voter suppression, riots at the Capitol, and the “Dred Scottification” of asylum seekers and other migrants by EOIR! 

HINT TO JUDGE GARLAND: Michelle Mendez would be an outstanding choice to lead the “clean up and rebuild” program at EOIR and the BIA once the “Clown Show” 🤡🦹🏿‍♂️ is removed!🪠🧹 Put experts with practical experience like Rachel Nagger and Christopher Linas onto the bench, on the BIA, the Immigration Courts, and the Article III Judiciary to get the American Justice system functioning again!

The “judicial selection system” for the Immigration Courts and the Article III Judiciary has failed American democracy — big time — over the past four years. Fixing it must be part of your legacy!

The folks who preserved due process and our Constitution in the face of tyranny are mostly “on the outside looking in.”  You need to get them “inside Government” — on the bench and in other key policy positions — and empower them to start cleaning up the ungodly mess left by four years of regime kakistocracy🤮☠️🤡⚰️👎🏻.  “Same old, same old” (sadly, a tradition of Dem Administrations) won’t get the job done, now any more than it has in the past! New faces for a new start!

And, it starts with better judges @ EOIR, which is entirely under YOUR control! An EOIR that actually fulfills its noble, one-time vision of “Through teamwork and innovation being the world’s best tribunals guaranteeing fairness and due process for all” will be a model for fixing our failing Federal Courts  —  all the way up to the leaderless and complicit Supremes who failed, particularly in immigration, human rights, voting rights, and racial justice, to effectively and courageously stand up to the Trump-Miller White Nationalist agenda of hate and tyranny!

We are where we are today as a nation, to a large extent, because of the Supremes’ majority’s gross mishandling of the “Muslim Ban” cases which set a sorry standard for complicity and total lack of accountability for unconstitutional actions, racism, dishonesty, cowardly official bullying, and abandonment of ethics by the Executive that has brought our nation to the precipice! Life tenure was actually supposed to protect us from judges who wouldn’t protect our individual rights. In this case, it hasn’t gotten the job done! Better judges for a better America!

🇺🇸⚖️🗽👍🏼Due Process Forever! The EOIR Clown Show🤡🦹🏿‍♂️ ☠️⚰️Never!

PWS

01-13-21

WILLIAM SALETAN @ SLATE: “Trump Is a Remorseless Advocate of Crimes Against Humanity” – “But Trump’s election and his persistent approval from more than 40 percent of Americans are a reminder that nothing in our national character protects us from becoming a rapacious, authoritarian country. What protects us are institutions that stop us from doing our worst.” 

William Saletan
William Saletan
Writer & Political Journalist
Slate

https://slate.com/news-and-politics/2020/01/trump-remorseless-advocate-crimes-against-humanity.html

 

Saletan writes:

It’s hard to keep up with President Donald Trump’s scandals. One day he’s covering up taxpayer-funded travel expenses for his family. The next, he’s stealing money for his border wall. The next, he’s being implicated by an accomplice in the extortion of Ukraine. But one horror is right out in the open: Trump is a remorseless advocate of crimes against humanity. His latest threats against Iran, Iraq, and Syria are a reminder that he’s as ruthless as any foreign dictator. He’s just more constrained.

Trump admires tyrants and defends their atrocities. He has excused North Korean dictator Kim Jong-un’s mass executions (“Yeah, but so have a lot of other people”) and Russian President Vladimir Putin’s murders of journalists and dissidents (“At least he’s a leader”). As a presidential candidate, Trump shrugged off the gravity of using chemical weapons. “Saddam Hussein throws a little gas, everyone goes crazy,” he joked.

At home, Trump has encouraged religious persecution and political violence. He called for a ban on Muslims entering the United States (he later imposed a modified version of the ban) and for collective punishment of Muslims who live here. As a candidate, Trump urged his supporters to “knock the crap out of” protesters. In 2018, at a political rally, he praised a Republican congressman for criminally assaulting a reporter. “Any guy that can do a body slam,” said Trump, “he’s my guy.”

Trump has long advocated war crimes. He has endorsed torture not just for information, but because our enemies “deserve it.” As a candidate, he proposed that for the sake of “retribution,” the United States should “take out” the families of terrorists. Wives and children were legitimate targets, he argued, because by killing them, we could deter terrorists who “care more about their families than they care about themselves.” Two months ago, he intervened in legal and military proceedings to thwart punishment of three American servicemen who had been indicted for or convicted of atrocities. Then he deployed the men in his reelection campaign.

Trump agrees with past presidents that we and our terrorist adversaries have played by “two [different] sets of rules.” But unlike his predecessors, he takes no pride in America’s higher standards. He sees them as a needless impediment, defended by “weak” and “stupid” people. In 2016, Trump complained that ISIS was “cutting off the heads of Christians and drowning them in cages, and yet we are too politically correct to respond in kind.” Torture laws should be relaxed, he argued, “so that we can better compete with a vicious group of animals.” “You have to play the game the way they’re playing the game,” he explained.

Trump takes no pride in America’s higher standards. He sees them as a needless impediment, defended by “weak” and “stupid” people.

Some presidents have caused pain through recklessness or indifference. Trump inflicts pain on purpose. To deter migration from Latin America, his administration separated migrant parents from their children. Trump argued that the separation was a “disincentive.” Too many people, he explained, were “coming up because they’re not going to be separated from their children.” Later, he used the same sadistic logic to force a migration in Syria. He boasted that by facilitating Turkey’s invasion of that country, he had precipitated the “pain and suffering” necessary to compel Syrian Kurds “to leave.”

In Africa and the Middle East, Trump proudly advocates plunder. In October, he said the United States should have taken Iraq’s oil to make sure we were “paid back” for the costs of our occupation of that country. In Syria, he stationed U.S. forces at oil fields, explaining that he viewed those fields as a revenue stream. (“$45 million a month? Keep the oil.”) He proposed a business arrangement to exploit Syria’s oil: “What I intend to do, perhaps, is make a deal with an ExxonMobil or one of our great companies to go in there and do it properly.” Last Friday, in a Fox News interview, the president repeated that he cared only about the oil. “I left troops to take the oil,” he told Laura Ingraham. “The only troops I have are taking the oil.”

Two weeks ago, the United States killed Iranian Gen. Qassem Soleimani in a drone strike.
To deter retaliation, Trump threatened to bomb Iran’s cultural sites—an explicit war crime. “If Iran strikes any Americans, or American assets,” he tweeted, “we have targeted 52 Iranian sites … some at a very high level & important to Iran & the Iranian culture, and those targets, and Iran itself, WILL BE HIT VERY FAST AND VERY HARD.” In an exchange with reporters, Trump dismissed legal objections to his threat. “They’re allowed to kill our people. They’re allowed to torture and maim our people,” he fumed. “And we’re not allowed to touch their cultural site? It doesn’t work that way.”

Iraq’s Parliament, furious that Trump had killed Soleimani on its soil and without its consent, voted to expel American troops. But Trump refused to comply unless Iraq paid ransom. “We have a very extraordinarily expensive air base that’s there,” he told reporters. “We’re not leaving unless they pay us back for it.” He threatened to “charge them [the Iraqis] sanctions like they’ve never seen before.” Later, Trump told Ingraham that Iraq would also “have to pay us for embassies.” When she asked him how he planned to extract the payment, Trump replied, “We have $35 billion of their money right now sitting in an account. And I think they’ll agree to pay. … Otherwise, we’ll stay there.”

Trump views the military as a mercenary force he can send around the world for hire. A Very Stable Genius, the new book by Philip Rucker and Carol Leonnig of the Washington Post, describes a White House meeting at which Trump said American troop deployments should yield a profit. Trump told Ingraham he’s doing exactly that: “We’re sending more [troops] to Saudi Arabia, and Saudi Arabia’s paying us for it.” He recounted his business pitch to the Saudis: “You want more troops? I’m going to send them to you, but you’ve got to pay us.” And he proudly reported that the Saudis had accepted the deal. “They’re paying us,” he told Ingraham. “They’ve already deposited $1 billion in the bank.”

Trump’s amorality—his complete indifference to rules against theft, abuse, exploitation, and killing—is a public relations problem for his apologists. They struggle to cover it up. First they softened his Muslim ban to a “travel ban” on certain majority-Muslim countries. Then they concocted non-sadistic rationales for his family-separation policy. Last week, after Trump threatened Iran’s cultural sites, Secretary of State Mike Pompeo assured the public that Trump would obey the law. Pompeo also whitewashed Trump’s threats against Iraq, insisting that American troops were in that country to protect its “sovereignty.” Mark Esper, the secretary of defense, claimed that when Trump spoke of Saudi Arabia paying for U.S. troop deployments, “What the president is referring to is burden sharing.”

But Trump refuses to be silenced. Hours after Pompeo promised that the president wouldn’t target Iran’s cultural sites, Trump repeated that he would. Later, Trump stiff-armed Ingraham’s attempts to clean up his language about stealing Syrian oil. “I left troops to take the oil,” he told her. She tried to correct him: “We’re not taking the oil. They’re protecting the facilities.” Trump shrugged off this reformulation. “Well, maybe we will, maybe we won’t,” he said. “Maybe we should take it. But we have the oil.”

Having an evil president doesn’t make the United States evil. We have a lot to be proud of: a culture of freedom, a strong constitution, vigorous courts, democratic accountability, and laws that protect minorities and human rights. On balance, we’ve been a force for good in the world. But Trump’s election and his persistent approval from more than 40 percent of Americans are a reminder that nothing in our national character protects us from becoming a rapacious, authoritarian country. What protects us are institutions that stop us from doing our worst.

Thanks to Magda Werkmeister and Daijing Xu for research assistance.

 

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

I’d argue that far from being a strong bulwark against Trump’s authoritarian tyranny, our democratic institutions – Congress, Article III Courts, the bureaucracy, and even much of the media — are in a state of constant meltdown under his regime’s relentless attacks. We can see that graphically played out every day in the GOP’s largely fact free and totally dishonest defense of Trump’s running roughshod over both the Congress and our Constitution.

I can’t detect a sliver of desire on the part of the GOP and its enablers to hold Trump accountable for any misdeed — even soliciting foreign interference in our electoral process and then lying to cover it up. The facts really aren’t in dispute here. Whether the U.S. could survive another four years of Trump and remain a democratic republic is still, unfortunately, an open question.

We can hope for the best. But, without “regime change” in November 2020, the worst might still be ahead.

In the meantime, the Article III Courts should do their constitutional duty and stop “coddling” the regime’s various schemes and gimmicks to commit, encourage, and enable “crimes against humanity.” We certainly aren’t going to get any accountability or restraint on Trump’s misconduct and open contempt for American institutions from a Congress where the Senate is led by “Moscow Mitch” and his enablers.

 

PWS

01-22-20

 

EXILED: HOW THE TRUMP REGIME’S JUDICIALLY-ENABLED TRASHING OF ASYLUM LAW & DUE PROCESS HAS LEFT AN INTERNATIONAL COMMUNITY OF LEGAL ASYLUM SEEKERS MAROONED IN A STRANGE & DANGEROUS LAND — “With The List’s queue regularly stretching longer than six months, many migrants fall victim to predatory robbery, kidnapping or murder before they can find refuge; others find the wait in one of the most dangerous cities in the world simply unendurable. . . . But for many people . . . going home is not an option.”

Jack Herrera
Jack Herrera
Independent Reporter covering Migration & Human Rights

Someone using POLITICO for iOS wants to share this article with you:

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How Trump Created a New Global Capital of Exiles

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By Jack Herrera

TIJUANA, Mexico—If you go early in the morning to the plaza in front of El Chaparral, the border crossing where a person can walk from Mexico into the state of California, you’ll hear shouts like “2,578: El Salvador!” and “2,579: Guatemala!”—a number, followed by a place of origin. Every day, groups of families gather around, waiting anxiously underneath the trees at the back of the square. The numbers come from La Lista, The List: When a person’s number is called, it’s their turn to ask for asylum in the United States.…

READ FULL ARTICLE ON POLITICO.COM »

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“Going home is not an option.” My friend and colleague on the Round Table of Retired Immigration Judges, Judge Jeffrey S. Chase used a similar observation as the lead in his recent blog: https://immigrationcourtside.com/2019/12/23/hon-jeffrey-s-chase-crime-refugee-protection-the-implication-that-refugees-should-either-stay-or-return-home-ignores-the-impossibility-of-such-request-as-refugees-by/.

We should never forget the life-tenured Article III judges, mostly on the appellate level including the Supremes, whose abandonment of both their oaths of office and their humanity has enabled the Trump Regime’s all-out assault on the rule of law and our democratic institutions to succeed to the extent it already has. 

Trump’s dismantling of the U.S. justice system and all the laws he doesn’t like or doesn’t want to follow counts heavily on the complicity or the outright assistance off Article III Federal Judges. To date, notwithstanding some wimpy disingenuous protests from Chief Justice Roberts, bemoaning the predictable lack of respect for the judicial system that he and his colleagues enabled by their complicity, the higher level Article IIIs haven’t disappointed Trump. That’s how the regime’s scofflaws can, without any legislative action, create “exile cities” in “unsafe third countries” right at our border, in violation of both the guarantees of our asylum laws and the Constitutional right to Due Process!

I spent many years of my career dealing daily with the results of failed states, authoritarian regimes, and fallen democracies. I know a lot about how oppression works and how democracies and constitutional republics fail.

I have some very bad news for the “life-tenured ones” in their ivory towers: failed states, authoritarian regimes, and failed democracies ultimately have no use for anything approaching an independent judiciary. Maybe those Article III appellate judges should think and reflect before they cast their next votes to empower autocracy over democracy.

Due Process Forever!

PWS

01-07-20

 

RETIRED MILITARY LEADERS SPEAK OUT AGAINST TRUMP’S WANTON DESTRUCTION OF U.S. RFUGEE PROGRAM — “When we slam the door on refugees, we encourage other nations to do the same, contributing to a less compassionate and more dangerous world, one in which our military will increasingly be called to provide stability.”

Admiral Robert J. Natter
United States Navy Official photo of ADM (Line) [Now Retired] Robert J. Natter, Deputy Chief of Naval Operations for Plans, Policy and Operations N3/N5. As of August 1999.
Lt. Gen. Mark P. Hertling
Lt. Gen. (Ret.) Mark P. Hertling
U.S. Army

 

https://www.washingtonpost.com/opinions/2019/09/08/cutting-refugee-admissions-will-have-severe-consequences-us-military/

Admiral (Ret.) Robert J. Natter & Lt. General (Ret.) Mark P. Hertling write in WashPost:

Robert J. Natter is a retired U.S. Navy admiral who served as commander of the U.S. Atlantic Fleet and U.S. Fleet Forces from 2000 to 2003. Mark P. Hertling is a retired lieutenant general who served as commanding general of U.S. Army Europe from 2011 to 2012.

America was founded as a safe haven to persecuted people and a beacon of hope, liberty and freedom to people around the world. Those themes reflect our values, and the welcoming of refugees to our shores is one of our proudest legacies and a fundamental part of who we are as a nation.

As military leaders, we spent nearly four decades defending these values. But today, a core American legacy is at risk, as the Trump administration is reportedly considering issuing severe, unprecedented cuts — potentially even zeroing out — the bipartisan U.S. Refugee Admissions Program, the established legal means of entry for these deserving people.

This week, we joined a group of 27 retired generals and admirals — all of whom have been operational leaders in military conflicts and exhibited courage in defending our values on the battlefield — in writing to President Trump expressing grave concerns about the direction of this vital program.

That’s because for many of us, welcoming refugees is not just a matter of smart policy and a reflection of our national values; it is also personal. Many of us know these refugees: They worked for and with us in our fight against terrorists and insurgents. The tangible and significant improvements we were able to make in the lives of millions as well as efforts to protect our own soldiers, sailors and Marines would not have been possible without the dedicated efforts of thousands of Iraqi and Afghan interpreters, logisticians, engineers and others.

Many of those individuals were targeted because of their assistance to us. They and their families have often been threatened for working with coalition forces, yet they bravely continued in their service at every level from translating conversations at the infantry squad level to contributing to task-force-level diplomatic missions. They may claim different cultures and speak different languages, but they have all put their lives on the line along with our citizens as part of our team.

Many of our partners continue to live in fear, given the continued hazardous situations in various parts of the world. In Iraq alone, more than 100,000 await entry to the United States. We promised our Iraqi partners support and safety when they were shoulder to shoulder with us fighting a despicable enemy. If today we turn these people away, or reduce the numbers who are allowed entry, it will be extremely difficult to ask others to assist us in the future.

Providing safety to people who assist American troops is a core function of our refugee program, but it does not stop there. We are living in a moment of unprecedented global displacement. Of the nearly 26 million refugees across the globe, most are hosted by low- and middle-income countries bordering the unstable areas that people are fleeing. A small proportion of the most vulnerable — less than 5 percent — are selected for resettlement. In addition to humanitarian assistance, resettling refugees is a concrete way that the United States offers support to these countries, while also strengthening regional stability and reducing the risk that people will be forced to return to conflict zones.

We know firsthand that both the humanitarian and strategic consequences of conflicts in Iraq, Syria, the Balkans and East and West Africa would be much worse had neighboring countries closed their borders. We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.

When we slam the door on refugees, we encourage other nations to do the same, contributing to a less compassionate and more dangerous world, one in which our military will increasingly be called to provide stability.

Over the past 40 years, the United States has welcomed about 3 million refugees from around the world who have gone on to contribute to and strengthen this country in immeasurable ways. The average refugee admission level across both Republican and Democratic administrations is 95,000 annually. Yet in the last two years, admissions have plummeted 75 percent.

In the next two weeks, the president will decide how many refugees we will admit in 2020. That decision will determine whether we uphold America’s legacy as a haven for the persecuted, and it will send a powerful message to the world about who we are as a people. We strongly recommend that this lifesaving humanitarian program be restored to historic bipartisan-supported levels.

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“We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.”

So much for the Trump Administration’s “solution” of returning refugees and other forced migrants to danger zones in their own countries or to countries that are equally or more dangerous. Killing and abusing forced migrants through improper returns and “deterrents” intended to make them “die in place” is reminiscent of other types of “final solutions” that were disastrous for humanity. Only, this time, the U.S. is the “leader of the pack” downward rather than one of those fighting to save humanity.  

A thoroughly cowardly performance by Trump and his White Nationalist gang.

Also, for the more than four decades I have been involved in immigration and refugee issues, overseas refugee admissions have received overwhelming bipartisan support. What has happened to the GOP which suddenly has “swallowed the whistle” in the face of Trump’s cowardly White Nationalism?

It appears that retired military leaders, like former U.S. Immigration Judges, can make a “full time job” out of speaking out against the stupid, counterproductive, and inhumane policies of the Trump Administration.

PWS

09-10-19

THE VOICE OF REASON: ANGELINA JOLIE @ TIME ON WHY THE U.S. SHOULD NOT BE ABANDONING OUR TRADITIONAL HUMAN RIGHTS LEADERSHIP ROLE! — “It is troubling to see our country backing away from these, while expecting other countries, who are hosting millions of refugees and asylum seekers, to adhere to a stricter code. If we go down this path, we risk a race to the bottom and far greater chaos. An international rules-based system brings order. Breaking international standards only encourages more rule-breaking.” — Advocates Independent Article I Immigration Court For Fair & Impartial Adjudication Of Asylum Claims!

https://apple.news/ARnAxuYYATOy78Bq8BYOy7g

Angelina Jolie
Angelina Jolie
Actress, Writer, Human Rights Advocate

Angelina Jolie writes in Time:

Angelina Jolie: The Crisis We Face at the Border Does Not Require Us to Choose Between Security and Humanity

Angelina Jolie

Jolie, a TIME contributing editor, is an Academy Award–winning actor and Special Envoy of the U.N. High Commissioner for Refugees

We Americans have been confronted by devastating images from our southern border and increasingly polarized views on how to address this untenable situation.

At times I wonder if we are retreating from the ideal of America as a country founded by and for brave, bold, freedom-seeking rebels, and becoming instead inward-looking and fearful.

I suspect many of us will refuse to retreat. We grew up in this beautiful, free country, in all its diversity. We know nothing good ever came of fear, and that our own history — including the shameful mistreatment of Native Americans — should incline us to humility and respect when considering the question of migration.

I’m not a lawyer, an asylum seeker, or one of the people working every day to protect our borders and run our immigration system. But I work with the UN Refugee Agency, which operates in 134 countries to protect and support many of the over 70 million people displaced by conflict and persecution.

We in America are starting to experience on our borders some of the pressures other nations have faced for years: countries like Turkey, Uganda and Sudan, which host 6 million refugees between them. Or Lebanon, where every sixth person is a refugee. Or Colombia, which is hosting over 1 million Venezuelans in a country slightly less than twice the size of Texas. There are lessons — and warnings — we can derive from the global refugee situation.

The first is that this is about more than just one border. Unless we address the factors forcing people to move, from war to economic desperation to climate change, we will face ever-growing human displacement. If you don’t address these problems at their source, you will always have people at your borders. People fleeing out of desperation will brave any obstacle in front of them.

Second, countries producing the migration or refugee flow have the greatest responsibility to take measures to protect their citizens and address the insecurity, corruption and violence causing people to flee. But assisting them with that task is in our interest. Former senior military figures urge the restoration of U.S. aid to Honduras, Guatemala and El Salvador, arguing that helping to build the rule of law, respect for human rights and stability is the only way to create alternatives to migration. The UN Refugee Agency is calling for an urgent summit of governments in the Americas to address the displacement crisis. These seem logical, overdue steps. Our development assistance to other countries is not a bargaining chip, it is an investment in our long-term security. Showing leadership and working with other countries is a measure of strength, not a sign of weakness.

Third, we have a vital interest in upholding international laws and standards on asylum and protection. It is troubling to see our country backing away from these, while expecting other countries, who are hosting millions of refugees and asylum seekers, to adhere to a stricter code. If we go down this path, we risk a race to the bottom and far greater chaos. An international rules-based system brings order. Breaking international standards only encourages more rule-breaking.

Fourth, the legal experts I meet suggest there are ways of making the immigration system function much more effectively, fairly and humanely. For instance, by resourcing the immigration courts to address the enormous backlog of cases built up over years. They argue this would help enable prompt determination of who legally qualifies for protection and who does not, and at the same time disincentivize anyone inclined to misuse the asylum system for economic or other reasons. The American Bar Association and other legal scholars and associations are calling for immigration court to be made independent and free from external influence, so that cases can be fairly, efficiently and impartially decided under the law.

There are also proven models of working with legal firms to provide pro-bono legal assistance to unaccompanied children in the immigration system without increasing the burden on the U.S. taxpayer. Expanding these kinds of initiative would help to ensure that vulnerable children don’t have to represent themselves in court, and improve the effectiveness, fairness and speed of immigration proceedings. Approximately 65% of children in the U.S. immigration system still face court without an attorney.

We all want our borders to be secure and our laws to be upheld, but it is not true that we face a choice between security and our humanity: between sealing our country off and turning our back to the world on the one hand, or having open borders on the other. The best way of protecting our security is by upholding our values and addressing the roots of this crisis. We can be fearless, generous and open-minded in seeking solutions.

TIME Ideas hosts the world’s leading voices, providing commentary on events in news, society, and culture. We welcome outside contributions. Opinions expressed do not necessarily reflect the views of TIME editors.

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Wow!  Great thoughts on how caring people might actually help to constructively address human migration issues rather than cruelly making them worse through “malicious incompetence.”

It’s painfully clear that we have the wrong “celebrity” leading our nation. But, Jolie wasn’t on the ballot (not will she be). Nevertheless, in a saner and more law-abiding Government, there should be a place for ideas and leadership from Jolie and others like her.

HISTORICAL NOTE: If my memory serves me correctly, Angelina Jolie once appeared before my esteemed retired colleague U.S. Immigration Judge M. Christopher Grant, as an expert witness in an asylum case before the Arlington Immigration Court.

PWS

08-02-19

COURTSIDE EXCLUSIVE — INSIDE EOIR — “TRASHED IN TRANSLATION: EOIR’S Latest Attack On Due Process In Immigration Courts Shocks Professional Interpreters, Outrages Judges!”

EYORE
“Eyore”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

TRASHED IN TRANSLATION: EOIR’S Latest Attack On Due Process In Immigration Courts Shocks Professional Interpreters, Outrages Judges!

By Paul Wickham Schmidt for Immigrationcourtside.com

Alexandria, VA, July 1, 2019. No, it isn’t as dramatic as pictures of drowned families and caged toddlers. But, the effects of the latest move by those running our U.S. Immigration Courts and their political handlers could turn out to be just as deadly. Judges and interpreters were shocked by EOIR’s recently announced truncation of the right to receive effective live interpretations during master calendars as well as more management-ordered “aimless docket shuffling” which both denies due process and artificially “jacks up” already overwhelming backlogs.

How important is master calendar? It’s where individuals make their initial appearance in court and are advised about their right to a lawyer, procedures for obtaining pro bono counsel, given warnings, plead to charges of removability, seek bond if detained, have possible relief from removability explained, file applications for relief like asylum, have hearing dates and filing deadlines set, learn the DHS position on applications, have current address confirmed, receive DHS fillings, make and receive rulings on preliminary motions, and receive warnings as to the dire consequences of failure to appear and meet filing deadlines, to name just some things that go on. In other words, “important stuff.”

What happens when non-judicial politicos interfere with judges’ individual case scheduling and docketing by setting artificial limits on when and how they use interpreters? Cases that have been rescheduled numerous times over the years get “moved to the back of the bus” once again.

Individuals and their lawyers faithfully show up for their long-awaited individual “merits” hearings, sometimes after having traveled hundreds of miles, witnesses and families in tow, only to be informed by a clerk that their cases have been taken off the docket without notice for the “convenience of the agency” and will be rescheduled for some unspecified later date. Evidence goes stale, memories fade, witnesses become unavailable, lawyers move on to other jobs, and country conditions change as these cases drag on literally forever because of political meddling and management incompetence. Perhaps worst of all, these same politicos and bureaucrats engineering the delays and backlogs attempt to shift blame to the victims and judges by limiting legitimate continuances, “expediting” cases that aren’t ready to be heard, and dishonestly calling for totally unneeded restrictive changes in the law.

Ostensibly, the truncation of interpretation resulted from mismanagement on the part of these same politicos and bureaucrats who hired additional judges in a hurry without planning for those judges’ support needs, including in person interpreters. And, take it from me as someone who spent thirteen years on the immigration bench and heard thousands of cases, “telephonic interpretation” is not by any means the equivalent of “in person” interpretation Indeed, at some point, I found the process for telephonic interpretation so time wasting and inadequate, that I just stopped using it. But, that was way back when individual judges had at least a little control over what happened on their dockets and what was necessary to achieve due process in an individual case.

More likely, this move is just another step the intentional “dumbing down” of the immigration court process and the systematic dismantling of what little remains of constitutional due process for those pleading for their lives in a system doing its best to “tune them out.” It will result in more illegal removal orders.

However, these will be hard for appellate courts to detect upon review, because they might not be readily apparent from the English language version of the transcripts. Besides, some Article III courts have also abandoned their duties to the Constitution in a mad rush to “rubber stamp” as many defective removal orders as possible to “clear” their own overcrowded dockets at the expense of integrity, fundamental fairness, and quite frankly, innocent lives.

So shocking has become this “under the radar” further de-professionalization of what disingenuously holds itself out to be a ”court” that readers have been sending me anonymous comments from some distraught individual professional court interpreters. Here’s what one such concerned interpreter had to say (edited to preserve confidentiality);

“Bottomline, no more in-person interpretation for master calendars. In addition, in-person interpreters will be assigned in three-hour blocks only. Judges will no longer be allowed to have two languages in one hearing. I think this means no more relay interpretation between indigenous languages and Spanish. I’m concerned about language access being curtailed.”

These further disgraceful developments, showing a complete disregard for legal norms and individual fairness, should be carefully documented in congressional oversight hearings with an eye toward a future independent Article I immigration court. In the meantime, the Article III courts could and should put a stop to this travesty and force the system to meet at least minimal standards of professionalism and due process pending needed legislative reforms.

No American citizen would want to trust him or herself to this parody of a court system. Yet, due process under our Constitution applies equally to “all persons,” not just citizens, and the stakes in these cases often are life or death. If we refuse to defend the rights of the least among us, who will stand for our rights when the forces of oppression shift their ugly gaze? Even exaulted, yet too often complicit, life-tenured Article III judges should be asking themselves that question.

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PWS

07-01-19

A PRESIDENCY WITHOUT INTELLIGENCE IS A THREAT TO OUR NATIONAL SECURITY: By Contrast, Individuals Seeking Asylum Through Our Legal System @ Our Southern Border Are No Such Thing — “None of the [U.S. intelligence] officials said there is a security crisis at the U.S.-Mexico border, where Trump has considered declaring a national emergency so that he can build a wall.”

James Hohmann from the “Daily 202” in today’s WashPost:

— Here are five of the main issues where the intelligence community leaders broke with Trump:

  1. Coats “said that North Korea was ‘unlikely to completely give up its nuclear weapons and production capabilities,’ which the country’s leaders consider ‘critical to the regime’s survival.’ That assessment threw cold water on the White House’s more optimistic view that the United States and North Korea will achieve a lasting peace and that the regime will ultimately give up its nuclear weapons.’”

  2. None of the officials said there is a security crisis at the U.S.-Mexico border, where Trump has considered declaring a national emergency so that he can build a wall.”

  3. Officials also warned that the Islamic State was capable of attacking the United States and painted a picture of a still-formidable organization. Trump has declared the group defeated and has said he wants to withdraw U.S. troops from Syria as a result.”

  4. The officials assessed that the government of Iran was not trying to build a nuclear weapon, despite the Trump administration’s persistent claims that the country has been violating the terms of an international agreement forged during the Obama administration. Officials told lawmakers that Iran was in compliance with the agreement.”

  5. Officials also warned, as they did last year, about Russia’s intention to interfere with the U.S. political system. … Trump continues to equivocate on whether Russia interfered in the 2016 election on his behalf, contradicting the unanimous assessment of all the top intelligence officials currently serving.”

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Here’s a more detailed story by Shane Harris from today’s Post setting forth just how “out to lunch” our “Intelligence professionals,” whom Trump himself appointed, think the President’s “threat assessment” is, specifically including, but not limited to, his “manufactured security crisis” at the Southern Border. https://www.washingtonpost.com/world/national-security/intelligence-officials-will-name-biggest-threats-facing-us-during-senate-hearing/2019/01/28/f08dc5cc-2340-11e9-ad53-824486280311_story.html?utm_term=.5b8041d6dc0a

I’ve been saying on “Courtside” for some time that the real existential threat to our national security is Trump. While the Administration has undoubtedly completely screwed up our asylum system at the border and in the U.S. Immigration Courts that has almost nothing to do with “national security.”

It’s simply a matter of common sense: We know (or should know) almost exactly what the number oF arrivals is going to be, particularly when they travel in slow-moving “caravans” that easily can be tracked and anticipated. We certainly could “funnel” almost all of them into the legal screening system for asylum.

Get the Inspectors and Asylum Officers down there to do the screening, and the necessary Immigration Judges, ICE lawyers, and defense counsel to decide cases of those screened in! Take lower priority cases, most involving long-term residents who have been here and likely will continue to be here for years, off the overcrowded Immigration Court dockets!

This would allow processing of the “new influx” in a timely manner, with full due process, and without creating more “Aimless Docket Reshuffling” in the Immigration Courts. It would also avoid the always ineffective, wasteful, and usually illegal “gimmicks” that the Administration has used to “game” the asylum system against applicants. And, certainly in this respect, getting more pro bono lawyers involved would be a much bigger help than more unneeded troops or Border Patrol Agents.  Let the Border Patrol go back to their job of apprehending those border crossers who aren’t turning themselves in at or near the border to apply for asylum. Stop wasting resources and solve the problem!

Meanwhile, we should all be scared by Trump’s disregard of the prudent advice of his “national security and intelligence team.”

PWS

01-30-19

INCONVENIENT TRUTH: HALEY SWEETLAND EDWARDS @ TIME TELLS WHAT TRUMP, MILLER, COTTON, SESSIONS, & THEIR WHITE NATIONALIST GANG DON’T WANT YOU TO KNOW: Human Migration Is A Powerful Force As Old As Human History; It’s A Plus For Receiving Nations; It Won’t Be Stopped By Walls, Jails, Racist Laws, Or Any Other Restrictionist Nonsense; But, It Can Be Intelligently Controlled, Channeled, Harnessed, & Used For The Benefit Of The U.S. & The Good Of The Migrants! — “But to maximize that future good, governments must act rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.”

http://time.com/longform/migrants/

Haley Sweetland Edwards writes in Time Magazine:

But they were willing to do whatever it took. Going back to Guatemala was simply not an option, they said. Monterroso explained that in October, their family was forced to flee after a gang threatened to murder the children if they didn’t pay an exorbitant bribe, five months’ worth of profits from their tiny juice stall. The family hid for a day and a half in their house and then sneaked away before dawn. “There is nobody that can protect us there,” Monterroso said. “We have seen in the other cases, they kill the people and kill their children.” Her voice caught. “The first thing is to have security for them,” she said of her kids, “that nothing bad happens to them.”

All told, more than 159,000 migrants filed for asylum in the U.S. in fiscal year 2018, a 274% increase over 2008. Meanwhile, the total number of apprehensions along the southern border has decreased substantially—nearly 70% since fiscal year 2000. President Donald Trump has labeled the southern border a national crisis. He refused to sign any bill funding the federal government that did not include money for construction of a wall along the frontier, triggering the longest shutdown in American history, and when Democrats refused to budge, he threatened to formally invoke emergency powers. The President says the barrier, which was the centerpiece of his election campaign, is needed to thwart a dangerous “invasion” of undocumented foreigners.

But the situation on the southern border, however the political battle in Washington plays out, will continue to frustrate this U.S. President, and likely his successors too, and not just because of continuing caravans making their way to the desert southwest. Months of reporting by TIME correspondents around the world reveal a stubborn reality: we are living today in a global society increasingly roiled by challenges that can be neither defined nor contained by physical barriers. That goes for climate change, terrorism, pandemics, nascent technologies and cyber-attacks. It also applies to one of the most significant global developments of the past quarter-century: the unprecedented explosion of global migration.

. . . .

They abandoned their homes for different reasons: tens of millions went in search of better jobs or better education or medical care, and tens of millions more had no choice. More than 5.6 million fled the war in Syria, and a million more were Rohingya, chased from their villages in Myanmar. Hundreds of thousands fled their neighborhoods in Central America and villages in sub-Saharan Africa, driven by poverty and violence. Others were displaced by catastrophic weather linked to climate change.

Taken one at a time, each is an individual, a mixture of strengths and weaknesses, hope and despair. But collectively, they represent something greater than the sum of their parts. The forces that pushed them from their homes have combined with a series of global factors that pulled them abroad: the long peace that followed the Cold War in the developed world, the accompanying expansion of international travel, liberalized policies for refugees and the relative wealth of developed countries, especially in Europe and the U.S., the No. 1 destination for migrants. The force is tidal and has not been reversed by walls, by separating children from their parents or by deploying troops. Were the world’s total population of international migrants in 2018 gathered from the places where they have sought new lives and placed under one flag, they would be its fifth largest country.

The mass movement of people has changed the world both for better and for worse. Migrants tend to be productive. Though worldwide they make up about 3% of the population, in 2015 they generated about 9% of global GDP, according to the U.N. Much of that money is wired home—$480 billion in 2017, also according to the U.N.—where the cash has immense impact. Some will pay for the passage of the next migrant, and the smartphone he or she will keep close at hand. The technology not only makes the journey more efficient and safer—smugglers identify their clients by photos on instant-messaging—but, upon arrival, allows those who left to keep in constant contact with those who remain behind, across oceans and time zones.

Yet attention of late is mostly focused on the impact on host countries. There, national leaders have grappled with a powerful irony: the ways in which they react to new migrants—tactically, politically, culturally—shape them as much as the migrants themselves do. In some countries, migrants have been welcomed by crowds at train stations. In others, images of migrants moving in miles-long caravans through Central America or spilling out of boats on Mediterranean shores were wielded to persuade native-born citizens to lock down borders, narrow social safety nets and jettison long-standing humanitarian commitments to those in need.

. . . .

The U.S., though founded by Europeans fleeing persecution, now largely reflects the will of its Chief Executive: subverting decades of asylum law and imposing a policy that separated migrant toddlers from their parents and placed children behind cyclone fencing. Trump floated the possibility of revoking birthright citizenship, characterized migrants as “stone cold criminals” and ordered 5,800 active-duty U.S. troops to reinforce the southern border. Italy refused to allow ships carrying rescued migrants to dock at its ports. Hungary passed laws to criminalize the act of helping undocumented people. Anti-immigrant leaders saw their political power grow in the Czech Republic, Slovenia, Sweden, Germany, Finland, Italy and Hungary, and migration continued to be a factor in the Brexit debate in the U.K.

These political reactions fail to grapple with a hard truth: in the long run, new migration is nearly always a boon to host countries. In acting as entrepreneurs and innovators, and by providing inexpensive labor, immigrants overwhelmingly repay in long-term economic contributions what they use in short-term social services, studies show. But to maximize that future good, governments must act -rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.

. . . .

But protocols and treaties can, at best, hope to respond to the human emotions and hard realities that drive migration. No wall, sheriff or headscarf law would have prevented Monterroso and Calderón, or Yaquelin and Albertina Contreras, or Sami Baladi and Mirey Darwich from leaving their homes. Migrants will continue to flee bombs, look for better-paying jobs and accept extraordinary risks as the price of providing a better life for their children.

The question now is whether the world can come to define the enormous population of international migrants as an opportunity. No matter when that happens, Eman Albadawi, a teacher from Syria who arrived in Anröchte, Germany, in 2015, will continue to make a habit of reading German-language children’s books to her three Syrian-born kids at night. Their German is better than hers, and they make fun of her pronunciation, but she doesn’t mind. She is proud of them. At a time when anti-immigrant rhetoric is on the rise, she tells them, “We must be brave, but we must also be successful and strong.” —With reporting by Aryn Baker/Anröchte, Germany; Melissa Chan, Julia Lull, Gina Martinez, Thea Traff/New York; Ioan Grillo/Tijuana; Abby Vesoulis/Murfreesboro, Tenn.; and Vivienne Walt/Paris •

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

I strongly encourage everyone to read Haley’s outstanding article at the link.  It is one of the best and most easily understandable explanations of a complex phenomenon that I have seen recently. As I always say, “lots of moving parts.” But Haley and her colleagues have distilled the fundamental truths concealed by this complexity. Congrats and appreciation to Haley and everyone who worked on this masterpiece!

Haley debunks and eviscerates the restrictionist, racist “fear and loathing” baloney that Trump and his White Nationalist gang peddle. The simple truth always has been and continues to be that America needs more immigration.

The only real question is whether we are going to be smart and funnel it into expanded legal and humanitarian channels or dumb like Trump and push the inevitable migration into an extra-legal system. The latter best serves neither our country nor the humans pushed into an underground existence where they can be exploited and are artificially prevented from achieving their full potential for themselves and for us. Right now, we have a mix skewed toward forcing far, far too many good folks to use the extra-legal system.

We’ll only be able to improve the situation by pushing the mix toward the legal and the humanitarian, rather than the extra-legal. That’s why it’s virtually impossible to have a rational immigration debate with folks like Trump who start with the racist-inspired fiction that migrants are a “threat” who can be deterred, punished, and diminished.

Contrary to Trump and the White Nationalists, the real immigration problems facing America are 1) how can we best integrate the millions of law-abiding and productive undocumented individuals already residing here into our society, and 2) how can we most fairly and efficiently insure that in the future individuals like them can be properly screened and come to our country through expanded humanitarian and legal channels. Until we resolve these, American will continue to founder with immigration and fail to maximize its many benefits. That’s bad for us, for migrants, and for the future of our nation.

As a reminder, in the context of Congressional negotiations on border security, I recently put together a list of “practical fixes” to the immigration system which would address border security, humanitarian relief, and improved compliance with Constitutional Due process without major legislative changes — mostly “tweaks” and other common sense amendments that would make outsized improvements and certainly would be an improvement on squandering $5.7 billion and getting nothing but a largely symbolic “instant white elephant” border wall in return.  So, here it is again in all its hypothetical glory:  “THE SMARTS ACT OF 2019:

https://wp.me/p8eeJm-3E3

SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019

  • Federal Employees
    • Restart the Government
    • Retroactive pay raise

 

  • Enhanced Border Security
    • Fund half of “Trump’s Wall”
    • Triple the number of USCIS Asylum Officers
    • Double the number of U.S. Immigration Judges and Court Staff
    • Additional Port of Entry (“POE”) Inspectors
    • Improvements in POE infrastructure, technology, and technology between POEs
    • Additional Intelligence, Anti-Smuggling, and Undercover Agents for DHS
    • Anything else that both parties agree upon

 

  • Humanitarian Assistance
    • Road to citizenship for a Dreamers & TPSers
    • Prohibit family separation
    • Funding for alternatives to detention
    • Grants to NGOs for assisting arriving asylum applicants with temporary housing and resettlement issues
    • Require re-establishment of U.S. Refugee Program in the Northern Triangle

 

  • Asylum Process
    • Require Asylum Offices to consider in the first instance all asylum applications including those generated by the “credible fear” process as well as all so-called “defensive applications”

 

  • Immigration Court Improvements
    • Grants and requirements that DHS & EOIR work with NGOs and the private bar with a goal of achieving 100% representation of asylum applicants
    • Money to expand and encourage the training and certification of more non-attorneys as “accredited representatives” to represent asylum seekers pro bono before the Asylum Offices and the Immigration Courts on behalf of approved NGOs
    • Vacate Matter of A-B-and reinstate Matter of A-R-C-G-as the rule for domestic violence asylum applications
    • Vacate Matter of Castro-Tum and reinstate Matter of Avetisyan to allow Immigration Judges to control dockets by administratively closing certain “low priority” cases
    • Eliminate Attorney General’s authority to interfere in Immigration Court proceedings through “certification”
    • Re-establish weighing of interests of both parties consistent with Due Process as the standard for Immigration Court continuances
    • Bar AG & EOIR Director from promulgating substantive or procedural rules for Immigration Courts — grant authority to BIA to promulgate procedural rules for Immigration Courts
    • Authorize Immigration Courts to consider all Constitutional issues in proceedings
    • Authorize DHS to appeal rulings of the BIA to Circuit Courts of Appeal
    • Require EOIR to implement the statutory contempt authority of Immigration Judges, applicable equally to all parties before the courts, within 180 days
    • Bar “performance quotas” and “performance work plans” for Immigration Judges and BIA Members
    • Authorize the Immigration Court to set bonds in all cases coming within their jurisdiction
    • Fund and require EOIR to implement a nationwide electronic filing system within one year
    • Eliminate the annual 4,000 numerical cap on grants of “cancellation of removal” based on “exceptional and extremely unusual hardship”
    • Require the Asylum Office to adjudicate cancellation of removal applications with renewal in Immigration Court for those denied
    • Require EOIR to establish a credible, transparent judicial discipline and continued tenure system within one year that must include: opportunity for participation by the complainant (whether Government or private) and the Immigration Judge; representation permitted for both parties; peer input; public input; DHS input; referral to an impartial decision maker for final decision; a transparent and consistent system of sanctions incorporating principles of rehabilitation and progressive discipline; appeal rights to the MSPB

 

  • International Cooperation
    • Fund and require efforts to work with the UNHCR, Mexico, and other countries in the Hemisphere to improve asylum systems and encourage asylum seekers to exercise options besides the U.S.
    • Fund efforts to improve conditions and the rule of law in the Northern Triangle

 

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

No, it wouldn’t solve all problems overnight. But, everything beyond “Trump’s Wall” would make a substantial improvement over our current situation that would benefit enforcement, border security, human rights, Due Process, humanitarian assistance, and America. Not a bad “deal” in my view!

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

PWS

01-27-19

 

 

HAPPY THANKSGIVING! – TRUMP SCOFFLAWS OUTED AGAIN! – Judge Considers Sanctions Against Administration Officials & Their Lawyers For Lies, Disobeying Court Orders, & Continuous Course Of Unethical Behavior! — “Government Has Acted Ignobly In This Case” — Trumpsters Win “Courtside’s” Coveted Five Turkey Award!

http://www.aclumich.org/article/us-district-court-orders-release-iraqi-detainees

The ACLU reports:

The American Civil Liberties Union (ACLU) of Michigan applauds the decision of U.S. District Judge Mark A. Goldsmith to order the U.S. Immigration and Customs Enforcement (ICE) to release all Iraqis within 30 days.

“The law is clear that the Federal Government cannot indefinitely detain foreign nationals while it seeks to repatriate them, when there is no significant likelihood of repatriation in the reasonably foreseeable future,” wrote Judge Goldsmith in a 59-page opinion.

Judge Goldsmith also wrote that he will impose sanctions on the Government for “…failing to comply with court orders, submitting demonstrably false declarations of Government officials, and otherwise violating its litigation obligations—all of which impels this Court to impose sanctions.”

“Today’s decision is about accountability,” said ACLU senior staff attorney Miriam Aukerman. “ICE thought it could get away with lying to a federal judge. ICE thought it could get away with using indefinite detention to coerce Iraqis to accept deportation despite the dangers they face in Iraq. Today, Judge Goldsmith made it clear that ICE is not above the law.”

“It is appalling that ICE lied to the Court, and even more appalling that it did so in order to keep people wrongfully incarcerated,” said University of Michigan law professor Margo Schlanger, a cooperating attorney for the ACLU. “The Court made it absolutely clear that it will not tolerate such misconduct, and that ICE cannot simply lock people up and throw away the key.”

“We are delighted that families who have been separated for so long will finally be reunited,” said Kim Scott, an attorney at Miller Canfield who also represents the detainees. “As a result of today’s order, many of those who were unjustly detained will be home with their families for the holidays.”

Today’s ruling is the latest development in Hamama v. Adducci, a nationwide class action filed in June 2017 on behalf of hundreds of Iraqi nationals, who were arrested throughout the country without warning and threatened with immediate deportation. Many came to the U.S. as children and have lived and worked in the U.S. for decades. They now face persecution, torture, or even death in Iraq because of their religion, ethnicity, or the fact that they are Americanized. Approximately 120 Iraqis remain detained.

Read Judge Goldsmith’s order here.

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

Thanks to Dan Kowalski over at LexisNexis Immigration Community for passing this along. And, congrats to the ACLU for brightening the Thanksgiving Day of not only these long-abused Iraqi detainees, but also of the substantial number of us who still believe in and cherish real American values — even in the “Dark Ages” of  the Trump Administration!

Great news, and long, long overdue!  Many of us have been calling for some time now for full accountability for Trump officials and their often ethically challenged lawyers who are out to abuse and destroy our precious legal system. There was a time in the not too distant past when U.S.Government lawyers were supposed to be held to a higher standard of promoting fairness, justice, and judicial efficiency. As I used to tell newly hired INS lawyers — “The Government wins when justice prevails — regardless of which party ‘wins’ the case.” That went out the door when Trump and his corrupt cronies like Jeff Sessions stepped in.

Federal Judges finally are losing patience with the types of blatant, “in your face” abuses by the Trump Administration that undoubtedly would have landed private parties and counsel in hot water long ago.  Where’s the justice in a system that imprisons, deports, and otherwise abuses victims while letting the abusers walk free to strike again?

“[T]he Government has acted ignobly in this case, by failing to comply with court orders, submitting demonstrably false declarations of  Government officials, and otherwise violating its litigation obligations—all of which impels this Court to impose sanctions.”  — U.S. District Judge Mark A. Goldsmith

For their shockingly inappropriate and unethical conduct of and in Federal Court litigation, the Trump Administration officials involved in this and many similar abusive cases get “Courtside’s” Thanksgiving “Five Turkey Award.”

 

PWS

11-22-18

🦃🦃🦃🦃🦃

 

AMERICA THE MINUTE: AS WORLD REFUGEE CRISIS DEEPENS & IN THE FACE OF CLEAR EVIDENCE THAT REFUGEES ARE GOOD FOR AMERICA, OUR WHITE NATIONALIST REGIME TURNS ITS BACK ON REFUGEES – Fabricated Statistics & Bogus Attempt To Blame Asylum Seekers Highlight Disgraceful Actions – Sec. Mike Pompeo Joins White House “Racist Cult!” – Advice Of Experts Spurned!

https://www.cnn.com/2018/09/17/politics/pompeo-trump-refugee-asylum-levels/index.html

Refugee levels are surging worldwide. Trump is slashing the number the US will let in

By Zachery Cohen and Elise Labott, CNN:

White House slashes refugee cap to new low 02:16

Washington (CNN)As the number of people displaced by war and famine surges, the Trump administration is capping refugee admissions at the lowest level since 1980, Secretary of State Mike Pompeo announced Monday. It’s the second year in a row the administration has set the cap at a record low.

The US will cap refugee admissions at 30,000 in 2019, a 33% drop from 2018’s record-low ceiling of 45,000.
Pompeo said the number should not be considered as “the sole barometer” of the United States’ commitment to humanitarian efforts around the world, adding that the US would “focus on the humanitarian protection cases of those already in the country.”
As evidence, Pompeo cited the number of asylum applications expected next year, saying the US will process up to 280,000 such applications in 2019.
“The ultimate goal is the best possible care and safety of these people in need, and our approach is designed to achieve this noble objective,” Pompeo said. “We are and continue to be the most generous nation in the world.”
Refugee resettlement agencies, immigrant rights groups and religious leaders had been pushing for the administration to increase the cap, noting that the number of refugees who need help around the world is larger than ever.
But Monday’s announcement isn’t a surprise. Administration officials have been moving to scale back refugee resettlement in the US since President Donald Trump took office.
Last year, officials lowered the cap to 45,000, a dramatic decrease from the ceiling of 110,000 that President Barack Obama’s administration had set for the 2017 fiscal year.
And the US isn’t even going to admit that many. CNN reported in June that the US is on track to admit the fewest number of refugees since its resettlement program began in 1980, tens of thousands below the cap amount.
Monday’s announcement was met with swift condemnation from refugee resettlement organizations.
“The United States is not only abdicating humanitarian leadership and responsibility-sharing in response to the worst global displacement and refugee crisis since World War II, but compromising critical strategic interests and reneging on commitments to allies and vulnerable populations,” the International Rescue Committee said.
Pompeo’s assertion that the US will process up to 310,000 refugees and asylum seekers also makes a false equivalence between the two issues.
Asylum and refugee protections are designed on similar grounds to protect immigrants who are being persecuted. Refugee protections are granted to immigrants who are still abroad, whereas asylum is reserved for immigrants who have already arrived on US soil.
There is no cap on asylum numbers, and in recent years, roughly 20,000 to 25,000 asylum seekers have been granted protections annually, according to the latest available government statistics.
BY THE NUMBERS: HOW BATULO AND HER FAMILY FIT IN

Total refugees:

22.5 million around the world

3 million living in the US

Refugees recently admitted to the US:

96,874 in 2016

33,368 in 2017

4,978 so far this year

Somali refugees recently admitted to the US:

10,786 in 2016

2,770 in 2017

73 so far this year

Sources: Pew Research Center, International Rescue Committee, US State Department, United Nations

There are two resource and funding streams each for refugees and asylum cases.
They also apply differently — with the State Department handling refugee admissions and the Department of Homeland Security and Department of Justice handling asylum claims. The interviewers who conduct screenings, however, can be deployed to handle either kind of interview.
But immigration hardliners and the administration have sought to curtail to the growing number of asylum claims each year, driven in large part by immigrants arriving at the southern border.
The number announced Monday reflects a compromise between hardliners in the Trump administration, such as Stephen Miller, who favored capping the ceiling at 20,000, and Pompeo, national security adviser John Bolton and US ambassador to the UN Nikki Haley, who argued to keep it at 45,000, according to several senior administration officials.
Miller personally has lobbied Cabinet officials to support the President’s desires to focus on border security, officials told CNN, and the issue was discussed at a secret Principals Committee meeting on Friday.
Hundreds of thousands of asylum applications are pending between the immigration courts, run by the Department of Justice, and applications to US Citizenship and Immigration Services, run by the Department of Homeland Security.
Depending on how a person is applying for asylum, and where in the process the application is, the case could be pending before either body.

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

“A Horrible Day For The Future Of America” [You Betcha!]

https://www.washingtonpost.com/outlook/2018/09/18/its-great-day-restricting-access-america-horrible-day-future-america/?utm_term=.3c8a5b9bce55

Here’s what Professor Daniel W. Drezner of Tufts University had to say about the latest racist scam from the White Nationalist Administration:

There was never much coherence to Donald Trump’s foreign policy statements as a candidate, but there was a theme: The rest of the world is dangerous, and the United States needs to be walled off from it. In some cases, that meant Trump preferred a literal wall. In other instances, the walls have been more figurative but with real consequences, in the form of visa restrictions and trade barriers and whatnot.

On Monday, the Trump administration raised those walls higher.

The first move came on trade. Trump made his beliefs on this subject well-known early in the morning, tweeting: “Tariffs have put the U.S. in a very strong bargaining position, with Billions of Dollars, and Jobs, flowing into our Country – and yet cost increases have thus far been almost unnoticeable. If countries will not make fair deals with us, they will be ‘Tariffed!’” In the real world, the effects of tariffs have hurt some American sectors very badly, there have been no appreciable concessions from other countries, and it is far from obvious that this administration knows what it is doing in this area.

. . . .

What is truly impressive, however, is that this was not the dumbest and most embarrassing move made by the Trump administration on Monday. No, that honor must go to Secretary of State Mike Pompeo, whose announcement demonstrated exactly how little swagger he possessed within the administration:

The United States will admit no more than 30,000 refugees in the coming fiscal year, Secretary of State Mike Pompeo said Monday, the lowest number in decades and a steep cut from the 45,000 allowed in this year.

The new number is a small fraction of one percentage point of the almost 69 million displaced people in the world today. But Pompeo said the United States remains the most generous nation when other U.S. aid to refugees is taken into account, including funds to shelter and feed refugees in camps closer to their home countries.

Pompeo said the lower cap should not be the “sole barometer” of American humanitarian measures, but “must be considered in the context of the many other forms of protection and assistance offered by the United States.”

You know what’s a sign that you know you are announcing a dumb move? Explaining that it is not the “sole barometer” of something and then leaving the podium without taking any questions. There is no way in which the optics of reducing refugee acceptance (except if you’re European) makes the United States look like the leader of the free world.

This announcement accomplishes nothing beyond making Stephen Miller happy. The time to cut back on refugee admissions is not the moment when the number of refugees is hitting an all-time high. There is zero swagger in this play. All it will do is continue to eviscerate the last remaining tendrils of U.S. soft power.

Donald Trump is the president, and as currently constituted, neither Congress nor the courts are able or willing to constrain his moves in this area. Heck, Trump is so unconcerned about legislative constraints that Pompeo announced the refugee restrictions without consulting Congress at all, as he is obligated to do by law. It is worth pointing out, however, that these moves are unpopular with the American people, rest on bad economics, and will foster anger and backlash across the rest of the world.

So, in other words, yesterday was a normal day in the life of the Trump administration.

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

Cruelty, stupidity, inhumanity, ignorance, bigotry, lies, false narratives, White Nationalism, overt racism — ah, it’s just another “day at the office” for the Trumpsters.

If you’re tired of these noxious fools ruining our country and destroying our position in the world, get out the vote to throw the GOP out this Fall. Otherwise, we might all be living in the “Third World” of a “Banana Republic” pretty soon!

PWS

09-18-18

 

ADMINISTRATION SCOFFLAWS CONTINUE TO LIE TO US COURTS! – ACLU PRESENTS DOCUMENTARY EVIDENCE THAT ICE AND DOJ GAVE FALSE INFORMATION TO FEDERAL JUDGE IN DETROIT IRAQ CASE — SANCTIONS SOUGHT –“It is appalling that ICE wants to lock these people up and throw away the key, and even more appalling that ICE misled the court in order to do so.”

https://www.buzzfeednews.com/article/hamedaleaziz/ice-lied-about-detained-iraqis-aclu-alleges

Hamed Aleazez reports for BuzzFeed News:

ICE officials lied when they said that Iraq would take back more than 1,000 citizens of the country that had been ordered deported from the US, including dozens of people who have been detained for months, according to ACLU of Michigan filings in a federal case challenging the removal of Iraqis throughout the country.

The organization cited redacted information in federal court filings in Detroit Wednesday calling for more than 100 Iraqis who have been detained by ICE be released, for the court to sanction the agency for its misrepresentations, and for the secret documents to be made public.

Back in June 2017, the ACLU successfully got US District Judge Mark Goldsmith to block the deportation of around 1,400 Iraqis who had been targeted for removal, most for overstaying their visas or being convicted of crimes, after Iraq agreed to take back certain citizens in exchange for being taken off the Trump administration’s travel ban list.

Hundreds of these Iraqis were arrested in June throughout the country, mainly in Michigan. Goldsmith found that the Iraqis, many of whom are from religious minorities, would face torture or death based on their residence in the US, their publicized criminal records, or their religious affiliation.

In its filings, the ACLU claims that ICE’s declarations that Iraq had agreed to take all of them back were false. The Iraqi government has long had a policy of not accepting those who were being repatriated involuntarily to the country.

The executive order striking Iraq from the travel ban list cites Iraq’s willingness to return those Iraqis who have final orders of deportation but ICE officials ran into complications getting Iraq to take those who did not voluntarily want to go back, according to the ACLU.

In fact, the ACLU claims that ICE officials were so frustrated by Iraq’s unwillingness to take back those who did not voluntarily agree to be deported that it sought sanctions in July 2017 that would restrict certain types of visas given to Iraqi nationals.

“The government has fought for fourteen months to hide the truth,” said Margo Schlanger, a professor at the University of Michigan Law School and an attorney assisting the ACLU with the case, in a statement. “We’ve finally gotten the documents, and it turns out that what the government told the court is untrue. We hope the court will allow us to share the truth with the detainees, their families, and the public, all of whom deserve to know what is really happening in this case.”

ICE declined to comment on the filings because the case was ongoing.

Meanwhile, the ACLU pointed to people like Firas Nissan, who has been in the US for 17 years after fleeing Iraq because he had been threatened and locked up there. Nissan missed an asylum hearing in 2004 because of an illness and was ordered deported but was still able to live in the country by agreeing to check in with ICE officials for 13 years, the ACLU said.

Then, in June 2017, he was arrested by ICE officers and has been jailed ever since, one of the 110 Iraqis in detention, according to the ACLU.

“He is locked in solitary confinement 21 hours a day, is not receiving needed medical care, can rarely see his family, and has not been able to provide for them, though he was previously the family’s breadwinner,” attorneys with the ACLU wrote in their filing calling for his and others’ release.

The ACLU, citing the redacted information, believes that Nissan and the rest of the group should be released because prolonged detention is unconstitutional when deportation is unlikely. ICE, the group said, has argued that the detainees should remain in custody because they can be taken to Iraq via a charter flight if the federal injunction is lifted.

ICE has even struggled with deporting the small number of individuals who had agreed to be sent back to Iraq. The agency has only deported 17 of the 37 Iraqis who agreed to be deported, according to the ACLU.

“It is appalling that ICE wants to lock these people up and throw away the key, and even more appalling that ICE misled the court in order to do so,” said Miriam Aukerman, a senior staff attorney with the ACLU of Michigan, in a statement. “ICE’s dishonesty is the reason the detainees are behind bars, rather than home with their families.”

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

I remember that one of my DOJ colleagues who spent a good chunk of his career litigating immigration cases in court was a total stickler for accurate citations. He got very upset if there was so much as an error of a single digit in the page number of a “pinpoint citation.” I asked him about it.  He related how as a young DOJ attorney he once had been publicly chewed out by a Federal Judge for an inadvertent citation error. He never forgot the experience and the value that the Federal Courts put on honesty and the highest quality of work from DOJ Attorneys. And, as any of us who worked in the DOJ in the “old days” knew, an attorney representing the Government was responsible for exercising “due diligence” to verify the truth of any representations made on behalf of an “agency client.”

In this case, apparently the information on the true position of the Iraqi Government was eventually ferreted out by the ACLU from ICE records. Therefore, it also should have been available to the DOJ attorneys representing the DHS. I guess that things have changed in both the DOJ and in the Federal Judges’ expectations for attorneys representing the Government and their agency clients.

PROGRAM NOTE: I am among a group of former Government officials who filed an amicus brief in behalf of the plaintiffs in this case.

PWS

08-31-18

DON’T BELIEVE ANY OF THE “CROCODILE TEARS” BEING SHED BY TRUMP & HIS ADMINISTRATION ABOUT THE LATEST ASSAD ATROCITY IN SYRIA – THE ADMINISTRATION’S INHUMANE POLICIES HELP KILL SYRIAN REFUGEES IN AND OUT OF CAMPS ON A REGULAR BASIS – Bombs & Bluster Will Never Replace Humanitarian Assistance & Robust Refugee Resettlement

https://www.motherjones.com/politics/2018/01/there-are-more-than-5-million-syrian-refugees-the-trump-administration-has-admitted-2-of-them/

There Are More Than 5 Million Syrian Refugees. The Trump Administration Has Admitted 2 of Them.

State Department data shows that many nations’ refugees are still effectively banned.

Women from Syria walk with their children in a refugee camp in Cyprus in September.Petros Karadjias/AP

The United Nations estimates that there are 5.5 million Syrian refugees. In the past three months, the United States has allowed two of them to enter the country—down from about 3,600 in the last three months of the Obama administration.

After kicking off his presidency by temporarily banning refugees, Donald Trump lifted the ban in late October. But at the same time, he increased scrutiny of refugees from 11 countries, requiring that they be admitted only if doing so fulfills “critical foreign policy interests.” Refugee advocates said that the language would effectively ban refugees from a group of mostly Muslim-majority nations. Data from the State Department’s Refugee Processing Center reviewed by Mother Jones confirms their prediction.

The United States has taken in 44 refugees from the targeted countries since Trump issued his executive order, compared to about 12,000 during the same period last year. The countries are Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen.

The heightened vetting of people from those countries has driven down the total number of Muslim refugees coming to the United States. About 550 Muslim refugees have been admitted to the United States since the executive order. More than 11,000 arrived during the same period last year. The share of admitted refugees who are Muslim has dropped from 48 percent at the end of the Obama administration to 11 percent in recent months.

Under Trump’s October executive order, the Department of Homeland Security (DHS) would conduct a 90-day “in-depth threat assessment of each [targeted] country.” During that period, DHS said in a memo to Trump, it would only take refugees from the 11 countries “whose admission is deemed to be in the national interest and poses no threat to the security or welfare of the United States.”

The 90-day mark passed last week. But Sean Piazza, a spokesman for the International Rescue Committee (IRC), a refugee resettlement agency, says the organization has not received any updates about the status of the temporary review now that the 90-day period has passed. It is unclear if it is still in effect, and DHS did not respond to a request for comment. DHS’ October memo stated that refugee admissions from the targeted countries are likely to “occur at a slower pace” beyond the 90-day deadline.

The Trump administration has tried to undermine support for accepting refugees by casting them as an economic burden. In September, the New York Times reported that White House officials had killed a draft report from the Department of Health and Human Services that found that refugees have increased government revenue by $63 billion over the past decade. The report that was ultimately published had a different calculus, documenting how much it costs to provide services to refugees but not how much they pay in taxes.

Overall, the United States in on track to resettle about 21,000 refugees this year, according to the IRC. That would be fewer than in any year since at least 1980—including 2002, when refugee admissions plummeted in the wake of 9/11. It is also less than half of the annual 45,000-refugee cap that the Trump administration set in September, which was the lowest cap ever. Historically, the United States has been considered a world leader in resettling refugees.

Before Trump assumed the presidency, it already took up to two years for refugees to be vetted and resettled, not including the time people spent fleeing their country for refugee camps. Henrike Dessaules, the communications director at the International Refugee Assistance Project, says the group has had clients who “were ready to travel, that had their medical checks, security checks, and interviews done.” Instead, “they have been completely stalled in the process,” she says.*

In 2016, the Obama administration placed its refugee limit at 85,000 people and used all but five of those slots. This year’s drop comes even though there were about 22.5 million refugees across the world in 2016, more than at any time since the United Nations’ refugee agency was founded in 1950.

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

https://www.cnn.com/2018/02/06/middleeast/syria-refugees-lebanon-winter-intl/index.html

Syrian refugees escape the war, but die from the cold

Refugees freeze to death in Lebanon 02:48

Editor’s Note: This story contains extremely graphic images of dead and wounded people.

Bekaa Valley, Lebanon (CNN) — The rocky, plowed hillside is scattered with clues of what happened that January night. A woman’s scarf. A diaper. Empty cans of tuna fish. A plastic bag of sugar. An empty box of Turkish chocolate biscuits. A single cheap Syrian-made woman’s shoe. Several white, mud-spattered rubber gloves.
It was here, last month, that 17 Syrians froze to death in a night-time snowstorm while trying to cross the mountains into Lebanon.
Three-year-old Sarah is one of the few who survived. She now lies in a bed in the Bekaa Hospital in nearby Zahleh, two intravenous tubes taped to her small right arm. Frostbite left a large dark scab on her forehead. A thick bandage covers her right cheek. Another bandage is wound around her head to cover her frostbitten right ear.
Sarah doesn’t speak. She doesn’t make a sound. Her brown eyes dart around the room — curious, perhaps confused. Her father, Mishaan al Abed, sits by her bed, trying to distract her with his cell phone.

Sarah, 3, suffers from frostbite after smugglers abandoned her and her family as they were crossing into Lebanon.

No one has told Sarah that her mother Manal, her five-year-old sister Hiba, her grandmother, her aunt and two cousins died on the mountain.
“Sometimes she says, ‘I want to eat.’ That’s all,” Abed says. Sarah hasn’t mentioned anything about her ordeal, and he is hesitant to ask her.

An unfortunate reunion

Until now, Sarah hadn’t seen her father for two and a half years. He left Syria for Lebanon and found work as a house painter, leaving his family behind.
Mishaan al Abed sent money back to his wife and kids, who stayed outside the town of Abu Kamal, on the Syrian-Iraqi border.
ISIS controlled Abu Kamal from the summer of 2014 until last November, when it was retaken by Syrian government forces. Fighting still rages in the countryside around it, where Al Abed’s family lived.
After their house was damaged, Abed’s brother and his family, along with Abed’s wife and two children, fled to Damascus. There they paid $4,000 — a fortune for a poor family — to a Syrian lawyer who they were told had the right connections with the army, intelligence and smugglers.
The plan was for them to be driven to the border in private cars on military-only roads. From there, says Abed, they were to walk with the smugglers for half an hour into Lebanon, where they would be met by other cars.
The plan started to fall apart when snow began to fall. The smugglers abandoned the group. The family lost their way and became separated. In the dark and the cold, most of them died. It’s not clear how Sarah and a few others survived.
The only thing that is clear, says hospital director Dr. Antoine Cortas, is that “it is a miracle Sarah is still alive.”
Hidden by the darkness and the snow was a house just a few hundred steps down the mountain.

In January, a group of Syrians froze to death trying to cross into Lebanon during a snowstorm.

Abed was expecting his family to cross over, but became concerned when he didn’t hear from them. “I was told the army had arrested people trying to cross into Lebanon. I thought it must be them. Then the intelligence services sent me a picture. I identified her as my wife.”
He opens the picture on his cell phone. It shows a lifeless woman curled up on the snow amidst thorn bushes, a red woolen cap on her head.

A struggle to cross over, a struggle to remain

More than a million Syrians have taken refuge in Lebanon, straining the resources of a country with a population of around six million. The Lebanese authorities have, to some extent, turned a blind eye to those entering the country illegally. But they have refused to allow relief groups to establish proper refugee camps, unlike Jordan and Turkey, for fear they will become permanent.
What pass for camps — officially called “informal tented settlements” — are ramshackle affairs. Syrians typically pay $100 to a landowner to build drafty, uninsulated breezeblock shelters with flimsy plastic tarpaulins as roofs.
Abu Farhan, a man in his sixties from Hama, in central Syria, lives in one of those shelters in a muddy camp outside the town of Rait, just a few kilometers from the Syrian border. His wife Fatima is ill. She is huddled next to a kerosene stove under a pile of blankets. Between coughing fits, she moans loudly. Farhan has had to borrow more than two million Lebanese pounds — around $1,300 — for her medical treatment.

Denied proper refugee camps, many Syrian refugees live in informal tented settlements.

Illness is just one of the perils here. Vermin, he says, is another. “There’s everything here,” he chuckles bitterly, “even things I’ve never seen before. Rats. Mice. Everything!”
The dilemma that Syrians in Lebanon face is glaringly clear. They’re not welcome here, and it’s difficult to scrape by. According to a recent report by the Norwegian Refugee Council, 71% of Syrian refugees in Lebanon live in poverty.

Point of no return

Some Syrians have returned home, but many, like Abu Musa, a man in his forties who lives in the same settlement as Farhan, insist that returning would be nothing short of suicidal. He comes from Maarat al-Numan, in Idlib province, where Syrian forces, backed by Russian warplanes, are waging an offensive against government opponents.
“Of course, I’d like to go back to Syria!” Musa exclaims, gesturing around his damp, cold hut as if that were reason enough to return home. “But Syria isn’t safe. They’re fighting in my town. My house has been destroyed.”
And thus, Syrians continue to try to make their way to Lebanon, despite the very real risks.

Over 70% of Lebanon's 1 million Syrian refugees live in poverty

“The people who are walking across the mountains, and taking days to cross the mountains in the middle of winter, are a testament to the fact that Syria is not safe,” said Mike Bruce of the Norwegian Refugee Council.
“Until Syria is safe, until there is a lasting peace, people should not be going back to Syria.”

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With the election of the staunchly anti-American, White Nationalist, xenophobic, religiously bigoted Trump Administration, the United States forfeited any claim to moral leadership and humanitarianism on the world stage. Our anti-refugee policies also harm our allies in the region by forcing them to bear the entire responsibility for sheltering refugees.

Only the electoral removal of this truly un-American Administration and its GOP fellow travelers from power will allow us to begin the healing process. Selfishness and inhumanity are not policies — they are diseases that will consume us all if we don’t exercise our Constitutional and political rights by voting to remove the toxic leaders spreading them!

PWS

04-10-18