🤮INEFFECTIVE ASSISTANCE/DEFECTIVE COURTS — 3rd Cir. Exposes Massive Due Process Failure @ Garland’s EOIR! — St. Ford v. A.G.

 

https://www2.ca3.uscourts.gov/opinarch/211729p.pdf

From Judge Roth’s opinion:

The need for effective assistance of counsel applies in immigration law just as it does in criminal law. Aliens, many of whom do not speak English and some of whom are detained before their immigration hearings, can be particularly susceptible to the consequences of ineffective lawyers.

 

Petitioner Arckange Saint Ford paid a lawyer to represent him in removal proceedings, but Saint Ford’s requests for relief from deportation were denied after the lawyer failed to present important and easily available evidence going to the heart of Saint Ford’s claims. Saint Ford retained new counsel, and his new lawyer asked the Board of Immigration Appeals to reopen his case because of his former attorney’s ineffective assistance. The Board declined to do so. Because Saint Ford presents a meritorious ineffective-assistance claim, we will vacate the Board’s decision and remand.

And concurring Judge Ambro had a harsh assessment of the IJ, the BIA, and most of all A.G. Garland, who has been remarkably “tone deaf” about correcting the grotesque expertise and due process problems in his “wholly owned, astoundingly dysfunctional” Immigration “Courts:”

Arckange Saint Ford will get a second shot at canceling the Government’s order of removal—that’s what matters. The majority is remanding because of his former counsel’s deficient performance at Saint Ford’s removal hearing. I agree with that and concur in full.

But former counsel was not the only one who made significant missteps at the hearing. The Immigration Judge did as well. I therefore would have granted Saint Ford’s initial petition for review and remanded on that basis. I write separately to explain these errors in the hope that similar ones will not be made at Saint Ford’s new hearing.

. . . .

Here, though it was reasonable to request Saint Ford corroborate his testimony about the identity and motive of his harassers, the IJ did not tell him what corroboration she needed or give him a chance to present that evidence. There is no indication she engaged in the Abdulai inquiry as required before skipping straight to “hold[ing] the lack of corroboration against [Saint Ford].” Id. (alterations adopted). She went from first to third across the pitcher’s mound. Our Abdulai inquiry is there to ensure these important corners aren’t cut.

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

What’s wrong with this picture? Going on two decades after the enactment of the REAL ID Act, this IJ gets basic corroboration wrong on a life or death asylum case. Then, she compounds the error by failing to apply a two-decades old circuit precedent. The case sails through the BIA. Then, Garland’s OIL defends the indefensible. “Corner cutting” has become institutionalized, permitted, and even encouraged in today’s broken  EOIR!

Meanwhile, it’s left to Circuit Judge Ambro to do the jobs of Garland, his failed BIA, and an IJ badly in need of remedial training! This is an expert tribunal? This is justice? This is due process? Gimmie a break! 

This is squarely on Garland! He enables and defends defective, due-process-denying decisions by EOIR. His grotesque failure to appoint and empower a BIA that will end this nonsense and insist on competent legal performance from ALL Immigration Judges in these life or death cases is disgraceful!

Cases like this also “give lie” to the bogus claims that today’s EOIR is comprised of “experts” who can be trusted to remedy due process defects, model best practices, or (perhaps most absurdly) insure that the rights of all respondents, including the unrepresented, are protected. Why is a Dem Administration running a “due process denial machine?” Why is OIL defending the indefensible? Why is Garland still the AG, despite showing little interest and scant skill in creating a due process/fundamental fairness oriented tribunal at the “retail level” of our staggering justice system! 

You don’t have to be a “rocket scientist” to trace the disrespect for the Constitutional, statutory, and human rights of migrants, largely individuals of color, to hate crimes, misogyny, curtailment of voting rights, and disrespect for equal justice and racial justice throughout our nation. The stunningly poor performance of the U.S. Immigration Courts under Garland also sets an unfortunate tone for the staggering and highly politicized Federal Court system from bottom to top!

🇺🇸 Due Process Forever!

PWS

05-19-22

🗽⚖️ANOTHER BITE OF JUSTICE FOR DV VICTIM: BIA Temporary Appellate Immigration Judge Gabe Gonzalez With An A-B-/A-R-R-G- Remand!

 

Roberto Blum reports from Houston, TX:

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Thanks, Roberto!

Just think how much better this system would work if Immigration Judges were getting guidance from the BIA to get these correct in the first place. 

Also raises additional questions of why: 1) cases like this aren’t precedents; and 2) so-called “Temporary” Appellate Immigration Judges like Judge Gabe Gonzalez are “outperforming” most “permanent” BIA Judges?

🇺🇸Due Process Forever!

PWS

05-16-22

🤮GOP NATIVISTS SAY STARVE ☠️ KIDS TO SOLVE FORMULA SHORTAGE! — “Pro-Life” Seems To End @ Birth!

Starving Children
GOP nativists say starving Brown-skinned kids will solve all problems.
Feed My Starving Children (“FMSC”) — El Salvador
Creative Commons License

Bess Levin @ The Levin Report:

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

The United States is in the midst of a massive formula crisis affecting some of the most vulnerable members of the population: babies. A perfect storm of numerous factors—pandemic-related supply chain delays; government bureaucracy; the stranglehold that just a few companies hold on the formula market; the closure of one of the biggest formula-manufacturing plants in the country, following the recall of contaminated batches and the death of two infants—has led to a terrifying reality for parents desperate and scrambling to feed their children. People who have the time—and many don’t—are driving long distances only to find empty shelves. Private sellers are reportedly price gouging, charging customers double or triple the normal amount. Unable to find what they need, some parents have been forced to ration formula as they search, often in vain, for more. One woman told The New York Times she recently found herself “freaking out, crying on the floor,” telling her husband, “Dude, I can’t feed our kids, I don’t know what to do.” The solution from Republicans, many of whom claim to be pro-life? Let the babies of undocumented parents starve. Or, at the very least, use the situation to demonize immigrants and score the cheapest of political points.

 

On Wednesday, Florida representative Kat Cammack tweeted a pair of photos, writing, “The first photo is from this morning at the Ursula Processing Center at the U.S. border. Shelves and pallets packed with baby formula. The second is from a shelf right here at home. Formula is scarce. This is what America last looks like.” Later, on Facebook, she claimed to have obtained the photos from a “border patrol agent” that’s been on the job for “30 years.” In the video, the congresswoman generously acknowledged that while all children deserve to eat, it’s not America’s job to feed the babies it detains.

 

“It is not the children’s fault at all,” Commack told her followers. “But what is infuriating to me is that this is another example of the ‘America Last’ agenda the Biden administration continues to perpetuate.” Cammack claims to be pro-life and only supports abortion in extreme cases in the first trimester, according to Fox News. She is cochair of the House Pro-Life Caucus and, naturally, is thrilled about the news that the Supreme Court is poised to overturn Roe v. Wade.

 

One day after Cammack’s suggestion that the migrant children the U.S. government has locked up should be forced to go hungry, Texas governor Greg Abbott jumped on the bandwagon, issuing a joint statement with the National Border Patrol Council: “While mothers and fathers stare at empty grocery store shelves in a panic, the Biden administration is happy to provide baby formula to illegal immigrants coming across our southern border…. Our children deserve a president who puts their needs and survival first—not one who gives critical supplies to illegal immigrants before the very people he took an oath to serve.” Like Cammack, Abbott would like people to believe he is “pro-life,” and signed a bill last September banning abortions after six weeks, leading to a surge of copycat legislation across the country.

 

Also on Thursday, Texas congressman Troy Nehls tweeted, “Baby formula should go to Americans before illegals.” (You can probably guess where Nehls stands on abortion.) And we’re sure it’ll absolutely shock you to hear that Fox News also believes migrant children should be forced to starve to death. As Media Matters’ Matt Gertz notes, a small selection of commentary from the networks’ stars over the past two days has included: “Why are we feeding illegal babies ahead of American babies?” (Jesse Watters); “These are not people that respected our borders, our laws, and our sovereignty. Why wouldn’t all of the pallets go to American families first?” (Sean Hannity); and “Once they get here, the Biden administration will give them food supplies that you can’t buy. Those would include baby formula…. How much more of this are people going to take, you wonder? It’s too humiliating” (Tucker Carlson). Fox, of course, has been a major voice in the antiabortion movement.

 

The rank hypocrisy of claiming to want to protect the “sanctity of life,” and then casually suggesting that some lives are less important than others aside, the entire situation these conservatives are decrying wouldn‘t actually be an issue if the right wasn’t so obsessed with imprisoning people trying to seek a better life. (While detention is not strictly the domain of Republicans— and both Joe Biden and Barack Obama were and remain happy to lock migrants up—Democrats are not the ones out there suggesting we let migrant children starve.) As the Washington Post’s Glenn Kessler notes, federal law literally requires the government to provide food— as well as other basic human rights— to the people it detains. If conservatives don’t want to have to follow that rule, they should probably stop demanding the government throw migrants in prison, though we have a small, sneaking suspicion they won’t. Because demonizing people who weren‘t born here is quite clearly their thing, and has been for years. As Jezebel’s Caitlin Cruz wrote on Thursday: “Migrants and immigrants of all ages are the perfect boogeymen. First, they take their jobs; now they want to take food out of babies’ mouths, while also forcing women to carry their pregnancies to term. The hypocrisy is so thick I am choking on it.

 

 

Mitch McConnell: It’s the Supreme Court’s job to issue rulings Americans don’t want

 

One of the most outrageous aspects of the news that the Supreme Court is likely to overturn Roe v. Wade is the fact that—despite what some conservatives would have people believe—a majority of Americans believe abortion should be legal in all or most cases and want to see the landmark decision upheld. But according to Senate minority leader Mitch McConnnell? It’s the high court’s job to issue rulings that fundamentally change life in a way Americans don’t want.

 

Speaking to NPR, the Kentucky lawmaker claimed that the whole point of the Supreme Court is to make decisions that most of the country doesn’t agree with. “For the Supreme Court to on any issue, to reach a decision contrary to public opinion it is exactly what the Supreme Court is about,” he argued. “It’s to protect basic rights, even when majorities are in favor of something else, that happens all the time.” McConnell then chose to bizarrely point to the issue of flag burning, the prohibition of which the court ruled in 1989 was a violation of the First Amendment. “If you took public opinion polls on that issue, people would overwhelmingly support a legislative prohibition of flag burning, but the Supreme Court interpreted that as a violation of the First Amendment freedom of speech.”

 

Of course, letting people burn flags is not the same as taking away the constitutional right of millions of people to make medical decisions about their own bodies, but you’ll have to forgive ole Mitchy, who’s currently trying to make people forget he’s one of the key architects of the impending obliteration of reproductive freedoms. In the interview with NPR, he claimed that his yearslong singular focus on installing conservative judges was not specifically about gutting Roe but keeping out “judicial activist[s],” a conservative smear for judges who believe in things like, for example, women having the same bodily autonomy as men. “My interest in this was unrelated to any particular issue,” he said. Naturally, he also blamed the declining trust in the court not on the appointment of people credibly accused of sexual assault (which they deny), or the revelation that at least one of them is married to someone who tried to have the 2020 election overturned, but on the left.

 

“It’s no wonder that by politicizing the Supreme Court, like the political left has, including the Democratic leader of the Senate—it would affect their approval ratings. That needs to stop,” McConnell said. “The president, who knows better, set up a commission to study the composition of the court. The Supreme Court is not broken and doesn’t need fixing.” Unsurprisingly, the GOP leader refused to say what he would do if Republicans take back the Senate and Joe Biden has an opportunity to nominate another justice, though, of course, it should already be clear. “How that plays out on individual confirmations or legislation, I’m not prepared to announce today, but we are going to see where we can cooperate,” he said, unconvincingly.

 

Rand Paul does another solid for his pal Putin

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Texas continues its war on trans kids

Per NPR:

 

In a unanimous ruling on a controversial issue, the Texas Supreme Court on Friday has cleared the way for the state child welfare agency to resume investigating parents and doctors who provide gender-affirming care for trans youth—actions that Governor Greg Abbott has equated to child abuse. It’s a blow to Texas families with transgender children, some of whom are departing the state or considering moves because of the threat of these investigations.

 

The ruling overturns a lower court’s injunction from March 11, barring state officials from pursuing Abbott’s February 22 directive that instructed the Department of Family and Protective Services to investigate “any reported instances” of a range of treatments and procedures, including the administration of hormones and puberty-blocking drugs. The parents of a transgender teen sued to stop the investigations, and in early March, District Judge Amy Clark Meachum issued a temporary order halting an investigation into the parents of the 16-year-old girl. Meachum later issued another order at the statewide level, temporarily blocking all such investigations stemming from Abbott’s directive.

 

In February, after Abbott issued his directive, the White House told The Dallas Morning News: “Conservative officials in Texas and other states across the country should stop inserting themselves into health care decisions that create needless tension between pediatricians and their patients. No parent should face the agony of a politician standing in the way of accessing life-saving care for their child.”

 

Sam Alito’s former Princeton classmate doesn’t think too highly of him

 

Millions of people have that in common with her. Per CNN:

 

Susan Squier, a former classmate of Supreme Court Justice Samuel Alito at Princeton University and who organized a letter protesting a leaked draft opinion that would overturn Roe v. Wade, on Thursday said she was stunned and called it “a greatest hits of misogyny.”

 

“When I read the document—I read all 98 pages of it, and mind you, I’m trained as a scholar of literature and medicine, and I look at nuance. And when I saw that he had smuggled into the document the wording from the Mississippi Gestational Age Act, which, as I understand it—now, I’m not a lawyer—but isn’t even law yet. And he was referring to unborn children rather than fetuses. I was just stunned,” Squier told CNN’s John Berman on New Day. “I mean, I have read a lot of medical history going back for doing literature and medicine, and his is like a greatest hits of misogyny.”

 

“He doesn’t consider the context,” Squier continued. “And this man was a historian at Princeton. He was a double major in history and poli sci. But it is as if he doesn’t believe history actually involves a record of things changing. Instead, it is history as, ‘let’s go back to the Salem witch trials.’ It makes me so angry.”

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

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Of course there is no causal connection between the U.S. nationwide formula shortage and providing the necessities of life to those in the DHS “New American Gulag.”

Nor are these asylum applicants illegally present in the U.S. Most were allowed in to pursue their legal right to asylum, after having been found to have a “credible fear.” Indeed, the “illegality” here is the DHS’s failure to recognize and carry out our legal and moral obligations to give all asylum seekers a fair opportunity to present their claims before impartial expert adjudicators.

Additionally, starving asylum seekers’ children would not in any way address the national shortage of formula. No, it would just be another gratuitous act of cruelty motivated by hate and racism. In other words, standard GOP policies. 

🇺🇸Due Process Forever!

PWS

05-15-22

🗽WSJ’s MICHELLE HACKMAN ON THE BIDEN ADMINISTRATION’S “BAND-AID” APPROACH TO UKRAINIAN REFUGEES

Michelle Hackman
Michelle Hackman
Immigration Reporter
Wall Street Journal

https://www.wsj.com/podcasts/whats-news/us-bets-on-private-sponsors-to-resettle-ukrainian-refugees/417fd56e-ae00-40f2-9672-c5c16c3cde53?mod=djem10point

Luke Vargas: Coming up, the Biden administration is enlisting citizens, businesses, and nonprofit groups to sponsor Ukrainian refugees in the US. Could it become a new model for helping those fleeing conflict? We’ll have that story after the break. Several weeks ago, the Biden administration introduced a new sponsorship program for Ukrainian refugees. It’s called Uniting for Ukraine, and it expedites the admissions process for Ukrainians once they’ve found a US citizen or group to sponsor them. In the first 10 days, the program received more than 14,500 applications. So, could private sponsorship become a regular feature of the US Refugee Admissions Program? Wall Street Journal immigration reporter, Michelle Hackman, says the government could use all the help it can get, especially after America’s official resettlement system was overwhelmed by more than 76,000 Afghans last year. And Michelle joins us now with more. Hi, Michelle.

Michelle Hackman: Hi. Good to be here.

Luke Vargas: It’s great to have you. So, how is this program different from how refugees are normally admitted to the United States?

Michelle Hackman: Yeah. It’s an interesting trade-off. Refugees typically come through what we call the Refugee Admissions Program, and that is a process that can take years. The most common situation is you have people living in a refugee camp, let’s say in Africa or in somewhere in Southeast Asia, and they apply to the US, they have to go through a refugee interview. They have to be vetted to make sure they have no ties to terrorism or anything like that. And that takes two or three years. They go through medical checks. In exchange, when they come, they get two things, they get a green card and they get a lot of assistance from government and non-government organizations, including help finding a home, help finding a job, temporary access to Medicaid, and food stamps, and English lessons, and all this suite of benefits that you need to adjust to America after living in a really precarious situation.

Luke Vargas: But that is not how this system works for these refugees resettled from Ukraine is it?

Michelle Hackman: That’s right. So, the trade-off that’s being made here is that system obviously has a lot of benefits, but Ukrainians don’t have two or three years. They need homes right now. And so, the US is turning to a different mechanism to allow people in that’s called humanitarian parole, in case any of our listeners have heard that term. And so, the benefit of that is it gets Ukrainians here really quick, maybe a week to get that approval. But on the flip side, it means that they get none of those benefits. They get none of the resettlement support from the government and they don’t get green cards.

Luke Vargas: I understand that under this program, refugees from Ukraine aren’t guaranteed any long term legal status and that humanitarian parole, you mentioned only holds for two years. What exactly happens after that?

Michelle Hackman: Right. And that’s a reason that this program has gotten a lot of criticism from Ukrainian and refugee groups. A lot of Ukrainians probably feel like they don’t have a home to return to in Ukraine. Their city was destroyed. Their apartment building was destroyed, whatever it may be. Or other people may feel like, oh my gosh, if I move to America, and I find a job, and my kids start going to school, I can’t uproot myself again in two years. I just have to have some peace and dignity. But for those people, it’s honestly going to be difficult because as I said, they have these two-year grants of permission. A lot of people are going to be eligible for a really similar program called temporary protected status, which has been granted to Ukrainians and will almost certainly be extended by the Biden administration. But temporary programs are difficult. Republicans are not really in favor of them. If a Republican administration gets elected, they’ll almost certainly come to an end. And there isn’t a direct pathway for these people to get a green card. The main way that you can do it is if you have a parent, sibling, or child, who’s an American citizen, or if you find an employer who’s willing to sponsor you for a green card, which is quite costly, but those are limited options for people.

Luke Vargas: Okay. And yet, despite those potential pitfalls, you report that the Biden administration is looking at this program to see if they could use it as a model that could be scaled up. How exactly would that work?

Michelle Hackman: Yeah, it’s interesting. There are two aspects. There is the temporary nature of the program. And then there is the private sponsorship, which I would suggest you could separate out. And the Biden administration is looking at doing just that. They’re looking at creating a broader private sponsorship model. So, exactly how strangers in America are taking in Ukrainians, they don’t know. They’re trying to get more Americans to step up and do that with more refugees, but the idea would be once they launch that program, which they’re hoping to do by the end of this year, that those people that they’re sponsoring would be coming through the regular refugee program. So, that means those people arriving would get a green card. As permanent residents would get government healthcare, and food stamps, and things like that. But the adjustment to America piece of things, what I was talking about, finding a home, enrolling in school, that would be handled by your private sponsor. And that might be a church, or a synagogue, or a private volunteer organization, or whatever it may be.

Luke Vargas: That was Wall Street Journal immigration reporter, Michelle Hackman. Michelle, thanks so much.

Michelle Hackman: Thank you.

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

Read and listen to the complete interview of Michelle by Luke Vargas, along with other items, at the link above.

My take:

  • The Trump Administration destroyed U.S. legal refugee programs;
  • The Biden Administration pledged to rebuild them;
  • The Biden Administration failed to keep its promise;
  • Caught flatfooted by the Ukrainian war, the Biden Administration has created a “band-aid” approach that will result in uncertainty and problems down the line;
  • Why doesn’t the Administration just make the legal refugee system work?

What about all those refugees who have been waiting at the Southern Border for justice, humanity, and legality, but finding none?

🇺🇸Due Process Forever!

PWS

05-12-22

🙁“CAT-ASTROPHE” — GARLAND’S EOIR FLUNKS “CAT 101” — Coast-to-Coast Failures in 9th and 1st Cir Show A “Judiciary” With Life or Death ☠️ Authority Lacking In Basic Legal Skills & Competence!🤮 

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

Bob Egelko reports for the SF Chron:

An immigration judge ordered a gay Nigerian man deported over a minor discrepancy. The Ninth Circuit just reversed in a fiery ruling https://www.sfchronicle.com/bayarea/article/An-immigration-judge-ordered-a-gay-Nigerian-man-17151459.php

When a local security brigade in Nigeria learned Peter Udo and his boyfriend were seen having sex in a hotel room, they seized and beat the couple for six hours and later told Udo he should be put to death.

Udo’s mother used her family savings to enable him to flee the country and he wound up in California, where an immigration judge rejected his plea for asylum and ordered him deported because his description of the events gave a false name for the hotel where he had been captured. That order has now been firmly rejected by a federal appeals court.

The judge and the Board of Immigration Appeals, which upheld the deportation order, failed to give any “reasoned consideration” to the evidence Udo presented, the Ninth U.S. Circuit Court of Appeals in San Francisco said Wednesday in a ruling requiring the board to review his claim that he would be tortured if returned to Nigeria.

That evidence included an “excommunication notice,” signed by leaders of the community’s Council of Traditional Rulers, notifying Udo and his family that anyone engaging in homosexual acts is “subjected to public execution” and that his mother and five other relatives were no longer considered citizens of the community.

“Remarkably, the (Board of Immigration Appeals) did not reference the excommunication notice at all” in its ruling that would have returned Udo to Nigeria, Judge M. Margaret McKeown said in the appeals court’s 3-0 decision, which included a copy of the notice.

Udo’s lawyer, David Casarrubias, said the ruling was a victory for asylum seekers.

“The opinion stands for the proposition that although Congress may enact laws that make it harder for asylum seekers to prevail as a result of minor discrepancies in their applications, there are other international laws like the Convention Against Torture that still have teeth,” Casarrubias said.

. . . . .

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Read the rest of Bob’s article at the link.

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And things are just as bad on the other side of the country. Here’s what the 1st Circuit had to say about the latest mis-step from Garland’s “Star Chambers” on a life or death CAT matter:

http://media.ca1.uscourts.gov/pdf.opinions/21-1296P-01A.pdf

. . . . 

The government does again urge us to construe the BIA as having merely affirmed a finding that it attributed to the IJ

10 For this reason, we need not resolve whether, as Ali contends, the IJ violated 8 C.F.R. § 1208.16(c)(3) by failing to consider all relevant evidence through the way the IJ treated the evidence from Harper in her testimony and March 2020 declaration that bears on Ali’s “security forces”-related ground for CAT-based deferral of removal.

 – 30 –

regarding whether it was “more likely than not” that Ali would be subject to abuse severe enough to constitute torture rather than a finding that it attributed to the IJ regarding the limited severity of the abuse that Ali had shown that he was likely to suffer. But, as we explained in connection with Ali’s challenge to the BIA’s “other private actors”-related ruling, the IJ did not make that finding either. And, in any event, as we have noted, that is a strained reading of the BIA’s opinion, given that the opinion expressly quotes only from the portion of the relevant regulations that purports to define how severe abuse must be to constitute torture, see 8 C.F.R. § 1208.18(a)(2) (“Torture is an extreme form of cruel and inhuman treatment . . . .”), rather than a regulation concerning how “likely” it must be that the noncitizen will be subjected to abuse that is severe enough to constitute torture, see, e.g., id. §§ 1208.16(c)(2), (4).11

Finally, the government contends that we still must affirm the BIA’s ruling because, although Harper described violence, “she did not describe the injuries to the Somalis she

11 To the extent that the government means to argue here, too, that the BIA itself considered the Harper evidence in question because of the portion of the BIA’s opinion in which the BIA states, “after considering the risk of torture from all sources in the aggregate,” we cannot agree. That statement concerns only what the BIA determined that the IJ considered in making the finding about the severity of the abuse that Ali would face that the BIA attributed to the IJ. But, as we have explained, the IJ made no such finding.

    – 31 –

witnessed being beaten or kicked . . . such that the agency could reasonably conclude she provided insufficient detail to show that such abuse by Somali security forces rose to the level of torture or that Ali was at risk that it likely would rise to the level of torture.” But, the IJ did not find that Ali had failed to meet his burden to show that he would likely be tortured by security forces in Somalia on any such basis. Rather, the IJ rejected his “security forces”-related ground for requesting deferral of removal pursuant to the CAT solely because the IJ found that “Harper indicated that the main motivation” of the security forces who “mean to do the respondent harm” is “they are either too busy to protect themselves and therefore they cannot protect other people” or to “harass people based on cultural differences,” such that they would not be acting “with the consent or acquiescence of a public official or other person acting in an official capacity” in visiting any abuse on Ali.

. . . .

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

These are complicated cases. Indeed, the 1st Circuit spent 33 pages analyzing this particular case. 

By contrast, a supposedly (but, clearly not) “expert” BIA  appears to have taken about 5 minutes to “rubber stamp” the clearly defective denials prepared by staff attorneys in these life or death matters! How is this due process or fundamental fairness? No way!

If this were a law school exam, rather than a life or death “court” case, the BIA’s effort probably would have received a “D-“ or an “F.” Yet, Garland finds this ridiculously deficient level of performance acceptable where “only” the rule of law, constitutional due process, and human lives are at stake! 

One might expect this from a GOP AG. But, is this really what human rights advocates and progressives elected Biden to churn out?

I say “No.” This is NOT acceptable performance by the BIA! Nor is it acceptable professional performance by Garland, Monaco, Gupta, Prelogar, and the other members of the “Clueless Crew” supposedly in charge of the DOJ!

⚖️Due process for migrants is due process for all in America! 

🇺🇸 Due Process Forever!

PWS

05-08-22

 

🗽⚖️ CALLING VETERANS, FRONT LINE WORKERS, OTHER ADVOCATES FOR AGHAN REFUGEES! — Gary Sampliner & Evacuate our Allies Coalition Need Your Help By COB May 9!

Gary Sampliner
Gary Sampliner
Senior Consultant for Advocacy
Shoulder to Shoulder

The Evacuate our Allies Coalition of faith, veterans’, and human rights groups has been advocating for an Afghan Adjustment Act (AAA), to allow our Afghan evacuees (many of whom have only been admitted as “parolees” whose status will expire 1 or 2 years from entry) to be treated equivalently to “refugees,” and thereby made eligible to apply for permanent residence in the U.S. after 1 year here (with the requisite vetting).  We now have a good shot to have AAA language passed by Congress, as part of the Ukraine Supplemental appropriation now being sought by President Biden.  The AAA has solid Democratic support as well as notable and increasing Republican support, but proponents can use assurances of additional Republican support to assure that AAA language remains in a bill that gets passed by Congress.

If any of you are veterans, can characterize yourself as front line workers with Afghans resettling in the U.S., or are constituents of the Republican Senators you’ll see listed in this toolkit (or have friends who fall into these categories that you can circulate this message to), we urge that you make calls to any of the listed Senators (by cob May 9), at the numbers indicated, using the script you’ll also see in the toolkit,  Thanks very much for your help!  

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

This message comes from Gary Sampliner, an executive director of JAMAAT — Jews and Muslims and Allies Acting Together, a DC area organization that is a member of the Evacuate our Allies Coalition.  Thank you Gary, for all that you, the veterans in AfghanEvac, and the Evacuate our Allies Coalition does for America and humanity!

🇺🇸Due Process Forever!

PWS

05-08-22

🗽CORNELL IMMIGRATION CLINIC PROVES “THE ASYLUMIST’S” POINT:  Lots Of Potential “Winners” Out There Lost In Garland’s Backlogged, Dysfunctional, Unfair EOIR! 

Jaclyn Kelley-Widmer
Jaclyn Kelley-Widmer
Assistant Clinical Professor
Cornell Law

Professor Steve Yale-Loehr @ Cornell Law writes:

Paul: My colleague Jakki Kelley-Widmer, who runs a 1L immigration clinic at Cornell Law, just won a difficult asylum case before an IJ in Buffalo.This article summarizes the case and mentions all the students who worked on the case over the last few years: https://www.lawschool.cornell.edu/news/1l-immigration-law-clinic-wins-high-stakes-case/?fbclid=IwAR05sriR0Z4lII65_xNMBtGE40f_JOudKSI78qvcIiLQxR3JmbyscmYz9Hc

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1L Immigration Law Clinic Wins High-Stakes Case

By Law School staff

April 27, 2022

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Paul: My colleague Jakki Kelley-Widmer, who runs a 1L immigration clinic at Cornell Law, just won a difficult asylum case before an IJ in Buffalo. This article summarizes the case and mentions all the students who worked on the case over the last few years: https://www.lawschool.cornell.edu/news/1l-immigration-law-clinic-wins-high-stakes-case/?fbclid=IwAR05sriR0Z4lII65_xNMBtGE40f_JOudKSI78qvcIiLQxR3JmbyscmYz9Hc

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News
1L Immigration Law Clinic Wins High-Stakes Case

By Law School staff

April 27, 2022
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On March 31, The Cornell Law School’s 1L Immigration Law and Advocacy Clinic won a long-fought, difficult case in the Buffalo Immigration Court for a mother and her young children living on a farm in upstate New York, ensuring that the family will be able to live safely in the United States.
The client had arrived in 2019 from Mexico with three children under ten, including a baby. She was fleeing an abusive husband, to whom she had been forcibly married as a teenager, as well as direct threats of gang violence in her home country, whose government offered her no protection.
Immigration authorities detained her for several weeks in the winter of 2019 before releasing her with a notice to appear in court. She went to her first two court dates unrepresented, because few attorneys in upstate New York take this kind of case. Another nonprofit had already declined to represent her when she contacted Cornell Law’s Immigration Clinic.
“Asylum cases are incredibly difficult to win,” says clinic director Jaclyn Kelley-Widmer. “The process is onerous and takes tremendous resources. My students estimate that, across all the law students involved in the case, interpreters we used, law professors who contributed, volunteers who helped care for the client’s children, and administrative staff who assisted with filing and other logistics, this case took us about 1,000 collective hours over 14 months.”
She adds that the clinic was also partially basing its case on a novel argument related to the client’s marriage, which occurred while she was still a child. “The law students came up with this creative solution and found a path forward to make the claim, including by seeking multiple expert witnesses and researching country conditions to contextualize the client’s story.”
The core team of Jared Flanery ’23 and Tori Staley ’23 (who started as 1Ls) and Gaby Pico ’22 and Rachel Skene ’22 (who started as 2Ls) stayed with it for three semesters. They worked closely with the client, completely in Spanish and almost entirely remotely due to the pandemic and the client’s rural location.
The students conducted extensive research, drafted witness declarations, and wrote the briefing, involving three separate legal arguments. They also took on the trial, including direct examination of multiple witnesses, presentation of evidence, and closing arguments.
“Most importantly, the client herself has been her own best advocate,” says Kelley-Widmer. “We’ve laughed with her, we’ve cried with her, and together we celebrated this win for her long-term safety.”

**************************
Folks, these are “first year law students” in the NDPA who, with inspiration and guidance from some of the “best and brightest in American law,” (like Professor Jakki Kelly-Widmer) are running circles around Garland’s “stuck in reverse” DOJ and Mayorkas’s DHS.

I recently featured commentary from Jason “The Asylumist” Dzubow about the egregiously horrible effects of EOIR’s “Aimless Docket Reshuffling” (“ADR”) that continues unabated under Garland.
https://immigrationcourtside.com/2022/05/04/%f0%9f%91%8e%f0%9f%8f%bd%f0%9f%a4%aeaimless-docket-reshuffling-adr-garlands-eoir-screws-%f0%9f%94%a9asylum-seekers-with-long-pending-slam-dunk/

One of Jason’s many salient points was that there are lots of potentially “winnable” cases mired in Garland’s backlog that should be granted if they could only get a merits hearing before a fair judge.

As I have said repeatedly, the things necessary to transform EOIR into a “hotbed of due process” rather than it’s current state of “dysfunctional disaster” are NOT rocket 🚀 science:

  • More and better representation;
  • Fair, expert judges with practical experience;
  • Uniform, nationwide guidance on how to properly grant asylum and other relief in many worthy cases from a BIA of true experts and “practical scholars” in immigration and human rights;
  • Dockets that prioritize, expedite, and reward well-prepared, well-documented, grantable cases for asylum and other relief.

Those are the items that should have been “day one” priorities at DOJ and EOIR for Garland and his team. (Just what, if anything, has he accomplished in his time in office in ANY significant area of the law or policy?)

Instead, Garland has responded with:

  • Arbitrary and capricious, deterrence-driven “expedited dockets” that lead to more “ADR” and bigger backlogs;
  • “User unfriendly,” unilateral actions that have cost him support from the pro bono bar and experts would could have helped straighten out EOIR;
  • Maintaining a judiciary and “management” structure largely “designed and staffed” to “deny and deport” by his overtly nativist predecessors;
  • Wasting time, resources, and squandering goodwill by defending Title 42 and other indefensible policies left behind by the Trump-Miller regime.

These mistakes are NOT “small potatoes” 🥔 as Garland and some other misguided Dems seem to think. They have cost the Dems “big time” in the one overarching area where they had complete control and could have made necessary progressive changes for the common good without “60 votes” in the Senate. How many immigration bills did the Trump regime pass on their way to obliterating the law and human rights?

They have also cost the Dems a nearly unprecedented chance to show how sound legal and constitutional policies, equal justice, racial equity, and enlightened progressive humanitarianism can work to reaffirm and re-energize the essential contribution of immigration to America’s greatness and to disprove the racist, nativist, false myths about immigrants and people of color that have become a staple of modern day Republicanism.

Enlightened immigration policies could have materially helped solve or prevent some of the economic woes facing American today. They could have “beefed up” everything from the supply chain to essential workers to needed investments in rural America to the housing shortage.

Some of the “reddest” states in American are among those that could benefit most from immigrants — many of whom have faced and overcome in their lives some of the same problems frustrating rural America. But, migrants who are being illegally rejected at the border, unlawfully imprisoned, and/or then orbited to death or oblivion in failed countries can’t help themselves or anyone else. What a waste of human potential and opportunities to show what immigrants can achieve in and for America!

🇺🇸 Due Process Forever!

PWS

05-07-22

👎🏽🤮AIMLESS DOCKET RESHUFFLING (“ADR”) @ GARLAND’S EOIR SCREWS 🔩ASYLUM SEEKERS WITH LONG-PENDING “SLAM DUNK” 🏀 CASES: “So if we can actually get to a hearing, it is still possible to win. This is the hope we all need to hold on to, but it would be much easier and much fairer if the system had a modicum of respect for the people it purports to serve.”

Jason Dzubow
Jason Dzubow
The Asylumist

From Jason “The Asylumist” Dzubow:

https://www.asylumist.com/2022/04/27/aaaaaaaaaaaaaaaaaaaaah/

Let me tell you about some recent events in my office.

We had two cases set for individual hearings this week. Both cases involve noncitizens who have been waiting years for their decisions, both have family members abroad who they hope to bring to the U.S. if their claims are successful, and both have strong cases for asylum.

For the first case, we prepared and submitted evidence earlier in the pandemic, but the case was postponed at the last minute due to Covid. We were hoping that the new date would stick, given that restrictions are easing and the court now has a system to do cases remotely (called Webex). As the date approached, we filed additional evidence and scheduled two practice sessions for the client. We also regularly checked the Immigration Court online portal, which lists our court dates, to be sure the case was still on the docket.

pastedGraphic.png

“Your asylum case is cancelled. Again.”

The second case has also been pending for years. The respondent (the noncitizen in court) is from Afghanistan, and such cases are supposedly receiving priority treatment. So at the Master Calendar Hearing, the Immigration Judge (“IJ”) asked us to be sure to talk to DHS prior to the hearing, presumably in the hope that we would come to an agreement about relief. The IJ also scheduled the hearing for a relatively short time slot in anticipation of a possible uncontested hearing. As with the first case, we filed all the evidence and scheduled the practices.

Both respondents had been in touch with their families overseas and both had talked to their relatives about hopefully reuniting soon.

Then – surprise! – we checked the Immigration Court portal and noticed that both cases had disappeared from the docket. Since the portal pages are sometimes screwy, and since court dates are constantly changing, we decided to wait a bit to see whether the dates reappeared. Informing clients about court delays is always fraught, and can even be traumatic for the clients and their families, who have a lot invested in these dates. So it is better not to inform the client until we are sure a date is canceled.

After some hours, we decided to tell the first client. We had a practice session scheduled for that afternoon, and it would waste time to prepare for a hearing that was not going forward. I called the client and informed him, and as I have often experienced before, he was upset and confused. Why had the case been postponed? Was it something about him or his case? Or was it something about the Court? I could at least inform him that we had two cases canceled on the same date (from two different IJs), and so he should understand that the cancellation was not related to him personally. That is obviously cold comfort, but I guess it is better than nothing. I know it was very upsetting for him to receive this news. It was emotionally exhausting for me as well.

For the next two days, this client kept checking the online court system to see whether anything changed. Then – surprise again! – the case re-appeared on the docket for the same old day and time!

I called the court to confirm, and the clerk told me that the case had been removed by accident, and that it was back on! How lucky! The client told me how upset he had been. He hadn’t been able to sleep or eat. He did not even inform his family back home, as he feared they would not understand or would not believe him. We rescheduled the two practice sessions and mentally re-prepared to go forward.

The next day – surprise again again! – I received a message from the court. The case was definitely off. The clerk apologized for the confusion, and told me that the matter would be set for a date in the future. It would be inappropriate for me to publish here the words that came from my mouth after receiving this message, but let’s just say that I was somewhat agitated. I called the clerk and left a message informing the court how harmful this whole process had been to the respondent, how upset he was, and how he had not seen his family members for years. I also mentioned how upsetting the experience had been for me.

I should say that I do not blame the clerk. He is actually very nice and very responsive (he actually called back and said he will try to get us a new date as soon as possible). The problem is “the system” and complaining to the system is about as effective as punching the ocean. No one is ever responsible, and so there is no one who can be held accountable.

As for client number two, at least he did not suffer the on-again, off-again fate of our first client. But he and his family members were also very upset, and given the IJ’s intention of scheduling the hearing quickly because the respondent is Afghan, it is particularly frustrating that a likely approval should be pushed off until who-knows-when.

What now? For both cases, we will wait a bit to see if new dates appear. Maybe they will. If not, we will file motions to advance, and we will try to get earlier dates. All this is more expense and wasted time for the clients, more work for us, and more work for the court, which will have to review our filings. Last year, I wrote about the harm caused by cancelled hearings, and–despite the easing pandemic and the wide-spread availability of Webex–the problem persists. I’ve mentioned just two cases here, but we see this again and again and again. Not in every case, but it’s common enough that we can never be confident that any particular case will go forward, which makes it much more difficult for respondents and attorneys to prepare for court.

While the situation is bleak, I should mention that the news is not all bad. We are still having some successes. For example, over my Spring Break, I litigated a Syrian case (remotely, with very questionable internet, and in what I believe is the first Immigration Court case in the history of Shickshinny, Pennsylvania). Although it was a close case and DHS generally opposed relief, the IJ explained his reasons for granting and DHS agreed not to appeal. And just yesterday, my client from Pakistan received asylum after a contested hearing. DHS did not appeal.

So if we can actually get to a hearing, it is still possible to win. This is the hope we all need to hold on to, but it would be much easier and much fairer if the system had a modicum of respect for the people it purports to serve.

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

Thanks, Jason, for your clear and compelling description of the toxic human and systemic effects of Garland’s continuing “ADR” at EOIR!

Contrary to the “nativist false narrative” promoted under Administrations of both parties, those suffering in the inexcusable EOIR backlog are NOT “evading deportation.” Many, probably the majority, are individuals who are eligible to, and should be granted, the ability to remain in the U.S.

This is particularly true of asylum applicants. Even with a system improperly skewed against them, asylum applicants were winning the majority of their EOIR court cases as recently as FY 2012.

Despite worsening conditions since then in almost all “sending countries,” that rate cratered by about 50% during the Trump regime. It’s fairly obvious that the increased denial rates resulted from perversions of the law, ADR, and an intentional “dumbing down” of both the administrative law and EOIR personnel at all levels.

Garland has taken, at best, “baby steps” to improve the Immigration Courts. He’s merely “nibbling at the edges” where radical house cleaning 🧹and progressive reforms ⚖️ were absolutely necessary, recommended by experts, and achievable — at least had Garland “hit the ground running!”

EOIR should long ago have been replaced with an independent Article I Immigration Court based on the principles of fairness, scholarship, timeliness, respect, teamwork, and most of all, an overriding unswerving commitment to due process and best practices. Judges and administrators should be selected competitively, with private bar input, and exclusively on a merit basis from among those who have demonstrated expertise in immigration and human rights.

As long as EOIR inappropriately continues to reside in the U.S. Department of Justice, there should never, NEVER, again be another Attorney General who does not possess significant experience representing individuals in Immigration Court — the fundamental “retail level” of our entire justice system. Garland ‘s failure to “get the job done for due process and equal justice” — not even close — is “Exhibit A” in what happens when the wrong person is appointed to oversee the Immigration Courts!

At a time when America needed enlightened, inspirational, informed, and courageous legal and ethical leadership for the Immigration Courts, Garland has been “MIA!” American justice, at all levels, is paying the heavy price!☹️

Alfred E. Neumann
Merrick Garland: “What, me worry? I’ve spent my entire law career in the ‘ivory tower.’ What’s ‘aimless docket reshuffling?’ Who cares about asylum seekers?”
PHOTO: Wikipedia Commons

🇺🇸Due Process Forever!

PWS

05-04-22

🤮 UGLY HISTORY OF RACISM & BIAS INFECTS U.S. REFUGEE RESPONSES!

Laura Alexander
Dr. Laura Alexander
Goldstein Family Chair in Human Rights
Assistant Professor
U. of Nebraska-Omaha
PHOTO: UNO

https://theconversation.com/how-race-and-religion-have-always-played-a-role-in-who-gets-refuge-in-the-us-181700?utm_medium=email&utm_campaign=Latest%20from%20The%20Conversation%20for%20April%2028%202022%20-%202276322632&utm_content=Latest%20from%20The%20Conversation%20for%20April%2028%202022%20-%202276322632+Version+B+CID_a6f7cc645a264986686de82dd759a5c6&utm_source=campaign_monitor_us&utm_term=How%20race%20and%20religion%20have%20always%20played%20a%20role%20in%20who%20gets%20refuge%20in%20the%20US

From The Conversation:

How race and religion have always played a role in who gets refuge in the US

Laura E. Alexander Published: April 28, 2022 8.21am EDT

pastedGraphic.png

Ukrainian refugees wait near the U.S. border in Tijuana, Mexico. AP Photo/Gregory Bull

In the weeks since Russia invaded Ukraine, millions of Ukrainians have fled the country as refugees. Hundreds of those refugees have now arrived at the southern border of the United States seeking asylum, after flying to Mexico on tourist visas.

At the border, Ukrainians, alongside thousands of other asylum seekers, must navigate two policies meant to keep people out. The first is the “Migrant Protection Protocols,” a U.S. government action initiated by the Trump administration in December 2018 and known informally as “Remain in Mexico.” The second is Title 42, a Centers for Disease Control and Prevention directive crafted in 2020, ostensibly to protect public health during the COVID-19 pandemic. The directive expels all irregular immigrants (those without permanent residency or a visa in hand) and asylum seekers who try to enter the U.S. by land.

On March 11, 2022, however, the Biden administration provided guidance allowing Customs and Border Protection officers to exempt Ukrainians from Title 42 on a case-by-case basis, which has allowed many families to enter. However, this exception has not been granted to other asylum seekers, no matter what danger they are in. It is possible that the administration may lift Title 42 at the end of May 2022, but that plan has encountered fierce debates.

The different treatment of Ukrainian versus Central American, African, Haitian and other asylum seekers has prompted criticism that the administration is enforcing immigration policies in racist ways, favoring white, European, mostly Christian refugees over other groups.

This issue is not new. As scholars of religion, race, immigration, and racial and religious politics in the United States, we study both historical and current immigration policy. We argue that U.S. refugee and asylum policy has long been racially and religiously discriminatory in practice.

Chinese asylum seekers

Race played a major role in who counted as a refugee during the early years of the Cold War. The displacement of millions fleeing communist regimes in Eastern Europe and East Asia created humanitarian crises in both places.

Under significant international pressure, Congress passed the 1953 Refugee Relief Act. According to historian Carl Bon Tempo, in the minds of President Dwight Eisenhower and most lawmakers, “refugee” meant “anticommunist European.” The text and implementation of the act reflected this. Of the 214,000 visas set aside for refugees, the law designated a quota of only 5,000 spots for Asians (2,000 for Chinese and 3,000 for “Far Eastern” refugees). Ultimately, approximately 9,000 Chinese (including 6,862 Chinese wives of U.S. citizens who came as nonquota migrants) were admitted under the 1953 refugee law, compared with nearly 200,000 southern and eastern Europeans, over the next three years.

Racial prejudice impacted the international response to refugees as well. By the late 1940s and early 1950s, United Nations officials had declared the displaced population in Europe a humanitarian crisis and appealed to the international community to relieve these pressures by accepting refugees. Over the next decade, Western nations including the U.S., France and Great Britain received millions of displaced Europeans as part of a larger Cold War public relations strategy to contain the Soviet Union and demonstrate the superiority of Western capitalist societies to life behind the Iron Curtain.

Millions of ethnic Chinese displaced by the 1949 Communist Revolution were not greeted so kindly. In the early 1950s, Hong Kong’s population tripled due to mainland Chinese fleeing civil war and communist rule, triggering a crisis. Most Western countries, however, continued to exclude Chinese and other Asians from immigrating and made few exceptions for refugees.

In the United States, exclusionary provisions that barred Asians from immigrating as “aliens ineligible to citizenship” would not be removed from immigration law until the 1965 Immigration Act.

Haitian asylum seekers

The first Haitian asylum seekers, who are overwhelmingly Black, attempted to reach the U.S. in boats in 1963 during the dictatorship of Francois Duvalier. It was a period of great economic inequality and severe violent repression of political opposition in Haiti.

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Haitian refugees who were intercepted by the U.S. Coast Guard returning to Port-au-Prince after being repatriated in 1992. AP Photo/Daniel Morel

Between 1973 and 1991, more than 80,000 Haitians tried to seek asylum in the U.S. The U.S., however, consistently attempted to intercept and turn back boats carrying Haitian asylum seekers to avoid having to hear their cases.

In the 1980s and 1990s, nearly every single Haitian who tried to request asylum was either denied or turned away. Some disparities between asylum rates could be explained by political factors, particularly the U.S. government’s interest in prioritizing refugees from communist countries.

However, the U.S. District Court for the Southern District of Florida and the 11th Circuit Court both found, in Haitian Refugee Center v. Civiletti and Jean v. Nelson respectively, that racial discrimination could be the only reason for such strikingly different outcomes for Haitians. In Jean v. Nelson, the 11th Circuit heard evidence from plaintiffs that there was a less than two-in-1 billion chance that Haitians would be denied parole so consistently if immigration policies were applied in racially neutral ways. Both courts also noted the differences in outcomes of asylum claims between Cuban refugees, who were predominantly white, and Haitian refugees.

In the same time period, even while Black Haitian asylum seekers were being turned away, European immigrants, who were primarily white, received preference in the Diversity Visa system created by the Immigration Act of 1990. Northern Ireland, for example, was designated as a separate country from the United Kingdom, and 40% of “diversity transition” visas allocated during 1992 to 1994 were earmarked for Irish immigrants.

Similar accusations of racism and discriminatory treatment have surfaced over the last several months as Haitian asylum seekers at the U.S.-Mexico border have been forced onto flights to Haiti and have faced degrading treatment.

Syrian refugees and the Muslim ban

Beginning in January 2017, President Donald Trump issued a series of executive orders described by many refugee advocates as the “Muslim Ban.” The ban suspended the entry of people from majority-Muslim countries, including Syrians, and limited the number of refugee admissions of several majority-Muslim countries.

pastedGraphic_2.png

Few Syrian refugees were allowed into the U.S. In this photo, Syrian refugees wait to be approved to get into Jordan. AP Photo/Raad Adayleh, File

Syrian refugees, most of whom fled the Syrian civil war that began in 2011 and violence by the Islamic State, were specifically targeted in the Muslim Ban.

A February 2017 version of the Muslim Ban claimed that Syrian refugees were “detrimental to the interests of the United States and thus suspend[ed]” from admission, with few exceptions. This contributed to a significant decrease in the number of Syrian refugees – from 12,587 to 76 between financial year 2016 to 2018.

Research shows that religion, particularly Islam, is used to create symbolic boundaries of racial distinction in order to promote immigration enforcement goals. Specifically, the government attempted to justify an exclusionary refugee policy based on race and religion by implicating Muslims and refugees in terrorism, as Trump did in speeches, even calling Syrians the “trojan horse” for terrorism.

International agreements for refugees and asylum seekers clearly state that admissions should be based on need. In principle, U.S. law says this as well. But these key moments in United States history show how race, religion and other factors play a role in determining who is in, and who is out.

While refugees from the war in Ukraine deserve support from the United States and other countries, the contrast between the treatment of different groups of refugees shows that the process of gaining refuge in the United States is still far from equitable.

[Explore the intersection of faith, politics, arts and culture. Sign up for This Week in Religion.]

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

Yup!

And, the ongoing grotesque abuses of Title 42 to target refugees of color is Exhibit A! So, why are some “tone deaf” Democrats advocating this racist action?

  • Because the polls tell them is “politically expedient” to favor racism?
  • Because racism at the border and in the immigration system are thought to be “below the radar screen?” 
  • Because dead refugees of color “don’t matter?”
  • Or, put another way, because the lives of refugees of color don’t matter? 

🇺🇸Due Process Forever!

PWS

05-02-22

SOUTHERN BORDER: BIDEN ADMINISTRATION FINALLY REVEALS PLAN FOR LIFTING TITLE 42 — Long On Enforcement, Deterrence, Punishment, Notably Short On Humanitarian Reforms, Positive Legal Guidance, Cooperation With NGOs, States, & Localities Who Welcome Refugees & Asylum Seekers !

Here it is:

https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf

Unfortunately, you have to get “down to the fine print” (page 13 of 20) find the paragraph that should be the “centerpiece of restoring the rule of law” — a functional legal  asylum processing at ports of entry that would encourage refugees to present themselves there for fair and humane processing rather than seeking irregular entry with the help of smugglers.

Port of Entry Processing

The imposition of the Title 42 public health Order severely restricted the ability of undocumented noncitizens to present at POEs for inspection and processing under Title 8. The closure of this immigration pathway for much of the time Title 42 has been in effect has driven people between POEs at the hands of the cartels. Returning to robust POE processing is an essential part of DHS border security efforts. Beginning in the summer of 2021, DHS restarted processing vulnerable individuals through POEs under Title 8, on a case-by-case basis for humanitarian reasons, pursuant to the exception criteria laid out in CDC’s Title 42 Order. These efforts, which we have recently expanded, offer individuals in vulnerable situations a safe and orderly method to submit their information in advance and present at POEs for inspection and subsequent immigration processing under Title 8. We also have enhanced Title 8 POE processing through the development of the CBP One mobile application, which powers advanced information submission and appointment scheduling prior to an individual presenting at a POE. We will make this tool publicly available and continue to expand its use to facilitate orderly immigration processing at POEs.

13 of 20

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

The failure of Garland to appoint a new, expert BIA committed to due process and providing fair, practical positive guidance on the generous application of asylum law foreshadowed by INS v. Cardoza Fonseca a quarter of a century ago, but never realized in practice, is likely to become a millstone around the Administration’s neck. There is no substitute for due process and fundamental fairness. The current dysfunctional, mismanaged, and inappropriately staffed EOIR is not capable of providing the necessary leadership, consistency, and accountability.

Also, in light of U.S. District Judge Robert Summerhays’s  “off the wall” decision in Arizona v. CDC, it’s not clear that Title 42 will ever be lifted. 

🇺🇸Due Process Forever!

PWS

04-29-22

🏴‍☠️ PARALLEL UNIVERSE — TRUMP JUDGE ELEVATES FABRICATED “STATE HARM” OVER HUMAN LIVES, RULE OF LAW, & HUMAN RIGHTS! 🤮

Arizona v. CDC, W.DLA

https://storage.courtlistener.com/recap/gov.uscourts.lawd.188754/gov.uscourts.lawd.188754.37.0_3.pdf

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

So, the DHS can’t make advance preparation for orderly resumption of legal processing for asylum seekers? Clearly fabricated “harm” over human lives and human rights? Ignoring the well-documented record of deadly harm inflicted on those seeking asylum by lawless Title 42 enforcement? Racist actions by a U.S. District Judge specifically directed against Hispanic migrants from the Northern Triangle? No realistic connection whatsoever to “public health?” Obviously this is a scheme by an unqualified Federal Judge and White Nationalist GOP state AGs to end asylum law at the border!

The problem: They are  getting away with it!

🇺🇸 Due Process Forever!

PWS

04-28-22

 

⚖️STACY CAPLOW @ AILA IMMIGRATION COURTS ARE SINKING — ROUND TABLE 🛡⚔️ FIGHTING FOR CHANGE!

 

Stacy Caplow
Stacy Caplow
Associate Dean of Experiential Education & Professor of Law
Brooklyn Law
PHOTO: Brooklyn Law website

“Sir Jeffrey” Chase reports:

Hi all:  A new volume of the AILA Law Journal was released yesterday.  It contained an article by Stacy Caplow, co-director of Brooklyn Law School’s Safe Harbor Project, called The Sinking Immigration Court: Change Course, Save the Ship.  I’m not sure if all can access it, but the link is:

https://www.aila.org/File/Related/19110103g.pdf#page=40.  It is a very much worth reading generally, but I wanted to highlight  the following mention of our group at pp. 49-50:

The Round Table of Former Immigration Judges, “a group of 51 former Immigration Judges and Members of the Board of Immigration Appeals who are committed to the principles of due process, fairness, and transparency in our Immigration Court system,” bears witness to the degrading of the court and, speaking with the voice of years of experience, has been an increasingly active and vocal critic of recent developments at the court both before Congress and as amicus curiae.

 There are also citations to a couple of our group’s statements (including one to Congress) and an amicus brief filed with the Supreme Court in the footnotes. 

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

How come the Biden Administration, and particularly AG Garland, don’t “get it?”  

🇺🇸 Due Process Forever!

PWS

04-28-22

🗽 BORDER MAYORS WELCOME END OF TITLE 42, STAND UP FOR RIGHTS OF REFUGEES, WHILE RIPPING FALSE NARRATIVES OF FEAR BEING SPREAD BY GOP AND SOME DEMS! — “We must remain steadfast in our work to provide refuge to those fleeing persecution and violence in their home countries, just as our European allies are doing with Ukrainian refugees.”

https://thehill.com/latino/3462471-two-border-mayors-come-out-in-support-of-ending-title-42/

Rafael Bernal reports for the Hill:

. . . .

But Romero and Mendez criticized Democrats who embrace a rhetoric of border security versus immigrant rights.

Biden administration lays out post-Title 42 border plan

Title 42 looms over Biden meeting with Hispanic Democrats

“Instead of caving into the anti-immigrant rhetoric of the Republicans, Congress should work on real immigration reform that doesn’t exploit an arcane public health authority to deny people their basic, human right to seek asylum,” they wrote.

And the two mayors painted an optimistic picture of border management where security is not at odds with proper asylum management.

“Our offices are working closely with the Biden Administration and with various community organizations on the ground to ensure that there are resources in place to execute a comprehensive plan to process asylum seekers, crack down on cartels, and establish appropriate COVID-19 protocols. We must remain steadfast in our work to provide refuge to those fleeing persecution and violence in their home countries, just as our European allies are doing with Ukrainian refugees,” Romero and Mendez wrote.

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

Read the complete article at the link.

Hats off to Mayor Romero (Tucson) and Mayor Mendez (Brownsville) for standing up for the rule of law and human decency and pushing back against false xenophobic rhetoric from both the GOP nativists and their “values challenged” Dem “fellow travelers.”  

Remarkably, Moldova, a small, poor country living in the shadow of Russia has stepped up in ways that should embarrass cowardly Repubs and their Dem enablers. Moldova has taken the largest per capita number of Ukrainian refugees. https://www.nbcnews.com/news/world/refugees-flee-moldova-russias-shadow-looms-large-rcna25529

🇺🇸Due Process Forever!

PWS

04-27-22

☠️🏴‍☠️👎🏽TRUMP JUDGES MAKING RULE OF LAW A FARCE: It’s Weeks From May 23, But Righty Judge Already Planning To Shaft Vulnerable Asylum Seekers!🤮  

Rebecca Beitsch

Rebecca Beitsch @ The Hill:

A federal judge in Louisiana says he intends to block the Biden administration’s plans for rescinding Title 42, siding with GOP-led states that had asked for the courts to force the White House to temporarily retain the pandemic-era border policy.

The decision from Judge Robert Summerhays, an appointee of former President Trump, will prevent the Biden administration from carrying out its plans to end Title 42 on May 23 and once again allow migrants to seek asylum.

The order, though temporary, is a victory in a suit initially filed by Louisiana, Missouri and Arizona that now includes some 20 GOP-led states.

It’s not yet clear what the terms of the order will be, as a summary of the hearing — which was not open to the public — said “the parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement.”

. . . .

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Read the complete report at the link.

What’s wrong with a system where scofflaw judges undermine, rather than stand up for, the rule of law and the most vulnerable among us? The word “cowards” comes to mind!

🇺🇸Due Process Forever!

PWS

04-25-22

⚖️HISTORY, LAW ENFORCEMENT, HUMAN RIGHTS, FORENSIC SCIENCE COME TOGETHER TO BRING WAR CRIMINALS TO JUSTICE!  — “They [Guatemalan soldiers and local Civil Patrol] covered her mouth, kicked her, and slapped her. Then they ordered her to take her clothes off and took her to the bedroom. They took turns raping her.”

 

This from my good friend and Alexandria neighbor Professor Alberto Benitez over at GW Law:

The attached article from the Washington Post reads like the affidavits we prepare and file in support of our clients’ asylum applications. Please read to the end. All respect to Sra. Alvarado, Sr. Osorio, and all the survivors, may the victims rest in peace, and thanks to Ms. Schneider and Mr. Langille.

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

Scanned from a Xerox Multifunction Printer – 2022-04-25T093400.796

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Kevin Sieff
Kevin Sieff
Latin America Correspondent
Washington Post
Nick Miroff
Nick Miroff
Reporter, Washington Post

From the above article by Kevin Sieff & Nick Miroff @ WashPost:

page5image3650581856

 

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Obviously, what’s described elsewhere in the article is really “top notch” law enforcement work from DHS. It also illustrates one of my “continuing themes” of “effective interdisciplinary cooperation in immigration cases.” 

The irony is that DHS now spends too much of its law enforcement time trying to “chase down the victims of persecution” and deny them their rights to apply for asylum and their opportunity have their cases fairly evaluated and adjudicated.

What if, if rather than yielding to disgusting political grandstanding by GOP nativists and, sadly, some misguided Dems, who want to misuse Title 42 to end asylum law, the Administration stood up for the rights of refugees and asylum seekers for fair and orderly processing and determination of their claims for protection? What if refugees were encouraged to apply at legal ports of entry and at points outside the U.S. Wouldn’t that leave more time for “real” law enforcement at DHS — at the border and everywhere else? 

Interestingly, during the Trump regime, some ICE Special Agents came to the same conclusion. They unsuccessfully “lobbied” then DHS Secretary Nielsen for separation from the “gonzo civil enforcement” that ICE then was carrying out — concentrating on “terrorizing” local ethnic communities. Not surprisingly, this made local enforcement in many areas reluctant to cooperate with ICE on real law enforcement priorities — like that described in this case.

As this article suggests, there has been a real “mixed message” in DHS and DOJ in handling of asylum claims from the Northern Triangle. One arm acknowledges and prosecutes massive acts of persecution that are actually war crimes. Another arm, aided by bad judging at EOIR and poor leadership at DOJ, disingenuously denies that such persecutions took place — sometimes mischaracterizing it as “random violence”  — and that violence amounting to persecution on account of a “protected ground,” particularly violence directed at women and children, remains widespread in Latin America today.

🇺🇸Due Process Forever!

PWS

04-25-22