"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
The Trump administration’s “zero tolerance” crackdown at the border this spring was troubled from the outset by planning shortfalls, widespread communication failures and administrative indifference to the separation of small children from their parents, according to an unpublished report by the Department of Homeland Security’s internal watchdog.
The report, a copy of which was obtained by The Washington Post, is the government’s first attempt to autopsy the chaos produced between May 5 and June 20, when President Trump abruptly halted the separations under mounting pressure from his party and members of his family.
The DHS Office of Inspector General’s review found at least 860 migrant children were left in Border Patrol holding cells longer than the 72-hour limit mandated by U.S. courts, with one minor confined for 12 days and another for 25.
Many of those children were put in chain-link holding pens in the Rio Grande Valley of southern Texas. The facilities were designed as short-term way stations, lacking beds and showers, while the children awaited transfer to shelters run by the Department of Health and Human Services.
U.S. border officials in the Rio Grande Valley sector, the busiest for illegal crossings along the nearly 2,000-mile U.S.-Mexico border, held at least 564 children longer than they were supposed to, according to the report. Officials in the El Paso sector held 297 children over the legal limit.
The investigators describe a poorly coordinated interagency process that left distraught parents with little or no knowledge of their children’s whereabouts. In other instances, U.S. officials were forced to share minors’ files on Microsoft Word documents sent as email attachments because the government’s internal systems couldn’t communicate.
“Each step of this manual process is vulnerable to human error, increasing the risk that a child could become lost in the system,” the report found.
Based on observations conducted by DHS inspectors at multiple facilities along the border in late June, agents separated children too young to talk from their parents in a way that courted disaster, the report says.
“Border Patrol does not provide pre-verbal children with wrist bracelets or other means of identification, nor does Border Patrol fingerprint or photograph most children during processing to ensure that they can be easily linked with the proper file,” the report said.
“It is a priority of our agency to process and transfer all individuals in our custody to the appropriate longer-term detention agency as soon as possible,” U.S. Customs and Border Protection, which includes Border Patrol, said in a statement. “The safety and well-being of unaccompanied alien children . . . is our highest responsibility, and we work closely with the Department of Health and Human Services (HHS) Office of Refugee Resettlement to ensure the timely and secure transfer of all unaccompanied minors in our custody as soon as placement is available from HHS.”
In its Sept. 14 response to the inspector general’s report, DHS acknowledged the “lack of information technology integration” across the key immigration systems and “sometimes” holding children beyond the 72-hour limit.
Jim Crumpacker, the DHS official who responded to the report, said the agency held children longer mainly because HHS shelter space was unavailable. But he said transferring children to less-restrictive settings is a priority.
On June 23, three days after the executive order halting the separations, DHS announced it had developed a “central database” with HHS containing location information for separated parents and minors that both departments could access to reunite families. The inspector general found no evidence of such a database, the report said.
“The OIG team asked several [Immigration and Customs Enforcement] employees, including those involved with DHS’ reunification efforts at ICE Headquarters, if they knew of such a database, and they did not,” it states. “DHS has since acknowledged to the OIG that there is no ‘direct electronic interface’ between DHS and HHS tracking systems.”
Inspectors said they continue to have doubts about the accuracy and reliability of information provided by DHS about the scope of the family separations.
In late June, a federal judge ordered the government to reunite more than 2,500 children taken from their parents, but three months later, more than 100 of those minors remain in federal custody.
The inspector general’s report also found that U.S. Customs and Border Protection (CBP) restricted the flow of asylum seekers at legal ports of entry and may have inadvertently prompted them to cross illegally. One woman said an officer had turned her away three times, so she crossed illegally.
At one border crossing, the inspection team saw CBP attempt to increase its detention space by “converting former offices into makeshift hold rooms.”
The observations were made by teams of lawyers, inspectors and criminal investigators sent to the border amid concerns raised by members of Congress and the public. They made unannounced visits to CBP and ICE facilities in the border cities of El Paso and McAllen, Tex.
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Meanwhile, over at Vanity Fair, Isobel Thompson give us the “skinny” on how the self-created “Kiddie Gulag” that Sessions, Stevie Miller, and Nielsen love so much has turned into total chaos, with the most vulnerable kids among us as its victims. We’ll be feeling the effects of these cruel, inhuman, and unconstitutional policies for generations!
Three months after Donald Trump gave in to global opprobrium and discontinued his administration’s policy of separating children from their parents at the Mexican border, the stark impact of his zero-tolerance directive continues to unfold, with reports emerging that, in the space of a year, the number of migrant children detained by the U.S. government has spiked from 2,400 to over 13,000—despite the number of monthly border crossings remaining relatively unchanged. The increase, along with the fact that the average detainment period has jumped from 34 to 59 days, has resulted in an accommodation crisis. As a result, hundreds of children—some wearing belts inscribed with their emergency-contact information—have been packed onto buses, transported for hours, and deposited at a tented city in a stretch of desert in Tornillo, West Texas. According to The New York Times, these journeys typically occur in the middle of the night and on short notice, to prevent children from fleeing.
The optics of the child-separation crisis have been some of the worst in history for the Trump administration, and the tent city in Tornillo is no exception. The facility is reportedly run according to “guidelines” provided by the Department of Health and Human Services, but access to legal aid is limited, and children—who sleep in bunks divided by gender into blocks of 20—are given academic workbooks, but no formal teaching. In theory, the hundreds of children being sent to Tornillo every week should be held for just a short period of time; the center first opened in June as a temporary space for about 400. Since then, however, it has been expanded to accommodate 3,800 occupants for an indefinite period.
Again, the lag time is largely thanks to the White House. Typically, children labeled “unaccompanied minors” are held in federal custody until they can be paired with sponsors, who house them as their immigration case filters through the courts. But thanks to the harsh rhetoric embraced by the White House, such sponsors are now in short supply. They’re often undocumented immigrants themselves, which means that in this environment, claiming a child would put them at risk for deportation. In June, that risk became even more acute when authorities announced that potential sponsors would have to submit their fingerprints, as well as those of any adults living in their household: data that would then be passed to immigration authorities. Matthew Albence, who works for Immigration and Customs Enforcement, unwittingly illustrated the problem when he testified before Congress last week that I.C.E. had arrested multiple people who had applied to sponsor unaccompanied minors. Almost three-quarters had no criminal record.
Over time, the number of detained children is only expected to increase. According to The Washington Post, the flood of Central American immigrants moving north, driven by “hunger, joblessness, and the gravitational pull of the American economy,” shows no sign of abating. The number of men who cross the border with children has reportedly risen from 7,896 in 2016 to 16,667 this year, while instances of migrants falsely claiming children as their own have reportedly increased “threefold.” “Economic opportunity and governance play much larger roles in affecting the decision for migrants to take the trip north to the United States,” Kevin McAleenan, a border-security official, told the Post, adding that “a sustained campaign that addresses both push and pull factors” is “the only solution to this crisis.”
Given the attitude of the current administration, such a campaign seems unlikely to materialize. With Congress poorly positioned to pass comprehensive immigration reform, and a suddenly swamped detention system draining money and resources and damaging the mental health of thousands of children, the escalating crisis seems poised to become an ever more serious self-inflicted thorn in the president’s side. Although the White House is confident that, as hard-liner Stephen Miller boasts, it can’t lose on immigration, it will at some point be forced to acknowledge that its draconian strategy has morphed into chaos.
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Wonder if any of these evil dudes who along with Sessions helped plan and implement the “Kiddie Gulag” knowing that it was likely in violation of the Constitution (in Federal court, DOJ lawyers didn’t even contest that a policy of intentional child separation would be unconstitutional) took out the “Bivens Insurance” offered to USG employees at relatively low-cost (I sure did!).
The only good news is that they are likely to be tied up in law suits seeking damages against them in their personal capacities for the rest of their lives!
So, perhaps there will eventually be some justice! But, that’s still won’t help traumatized kids whose lives have been screwed up forever as an illegal, immoral, and bogus, “deterrent” by a racist White Nationalist regime.
Trump’s immigration policies have especially affected women and domestic violence victims
By: Tal Kopan, CNN
The Salvadoran woman could not escape her ex-husband’s abuse. Even after their divorce, he tracked her down in a town two hours away, raped her, and separately had a friend and his police officer brother threaten her directly. So she snuck into the US and applied for asylum.
Then Attorney General Jeff Sessions used her case to make it extremely difficult for her and women like her to get those protections.
The identity of the woman in the case remains anonymous. But her story is too familiar for the advocates and attorneys who work with thousands of immigrant women and immigrant women victims seeking the right to stay in the country.
Despite their stated objectives of cracking down on criminals and fraud, many of the Trump administration’s immigration policies have especially impacted the vulnerable and victims.
One policy change that could deter women victims from reporting their crimes takes effect Monday as the Senate deliberates whether to confirm Supreme Court nominee Brett Kavanaugh amid assault allegations against him, which he has vehemently denied.
Some of the changes were barely noticed. Others, like Sessions’ overhaul of asylum law, have generated numerous headlines.
But the sum total of those policies could put an already particularly vulnerable population even at risk, advocates who work with women say. And that could empower abusers and predators even further, they add, making everyone less safe.
The policies
A policy takes effect on Monday that could increase the risk of deportation for undocumented immigrant victims or witnesses of crimes. The agency that considers visa applications will begin to refer immigrants for deportation proceedings in far more cases, including when a person fails to qualify for a visa. The policy would also constrain officers’ discretion.
The new US Citizenship and Immigration Services policy specifically applies to visas designed to protect victims of violent crime and trafficking, including some created under the Violence Against Women Act. Those visas will give legal status to victims who report or testify about crimes.
The result: Victims who apply for the special visas but fall short, including for reasons like incomplete paperwork or missing a deadline, could end up in deportation proceedings. Previously, there was no guidance to refer all visa applicants who fall short to immigration court for possible deportation. Under the new policy, it’ll be the presumption. Advocates for immigrants worry the risk will be too great for immigrants on the fence about reporting their crimes.
In the Salvadoran woman’s case, Sessions ruled in June that gang and domestic violence victims generally don’t qualify for asylum, and the Department of Homeland Security applied those rules to all asylum seekers at the border and refugees applying from abroad.
Other policies that especially impact women and victims include:
‘I wouldn’t wish it even on my worst enemy’: Reunited immigrant moms write letters from detention
By Tal Kopan, CNN
The women say they were treated like dogs and told that their children would be given up for adoption. They lied awake at night, wondering if their kids were safe.
But even after being reunited with their children, they say their nightmare has not ended.
Their anguish is conveyed in a collection of letters written from one of the few immigrant family detention centers in the country, where some moms and children who were separated at the border this summer are now being held together while they await their fate. The mothers’ writings reflect a mix of despair, bewilderment and hope as they remain in government custody and legal limbo, weeks after they were reunited.
“My children were far from me and I didn’t know if they were okay, if they were eating or sleeping. I have suffered a lot,” wrote a mother identified as Elena. “ICE harmed us a lot psychologically. We can’t sleep well because my little girl thinks they are going to separate us again. … I wouldn’t want this to happen to anyone.”
The letters reflect the scars inflicted at the height of family separations this summer, when thousands of families were broken up at the border and kept apart for weeks to months at a time. They also reflect the ongoing uncertainty and emotional recovery for the families that are still detained.
The letters were collected at the Dilley detention center in Texas. They were provided via the Dilley Pro Bono Project by the Immigration Justice Campaign, a joint effort by leading immigrant advocacy and legal groups to provide access to legal support in immigrant detention centers.
The mothers speak with the Dilley Pro Bono staff in visitation trailers in the evenings and had expressed a desire to tell their stories to the public. The staff suggested writing them down, and the mothers agreed to write the letters, translated from Spanish, under pseudonyms.
Yup. Don’t let all the BKavs commotion distract you from focusing on the daily intentional and gross abuses of human rights and fundamental decency being committed by the Trump Administration.
Think a partisan Trump sycophant like BKavs would ever impartially uphold the rule of law against the abuses of the Trump Administration, particularly when it comes to treatment of women? Not a chance! He’s being put on the Supremes because Trump & the GOP are confident of his predetermined extreme right-wing agenda, his lack of objectivity, and his demonstrated inability to think outside the “box of privilege” which has allowed him to succeed and prosper (often at the expense of others).
Yes, youʼve heard about the family separations. Youʼve heard about the travel ban. But there are dozens of ways the Trump administration is cracking down on immigration across many agencies, sometimes in ways so small and technical it doesnʼt make headlines. This week, the quiet bureaucratic war that’s even targeting legal immigrants.
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Long, but highly documented, compelling, and well worth the listen if you really want to know about the ugly, depraved policies of Trump, Sessions, Miller, Nielsen, Cissna, Gene Hamilton, and the rest of the White Nationalist Racist Brigade.
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Transactional Records Access Clearinghouse
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FOR IMMEDIATE RELEASE
Greetings. In August 2018, Immigration Courts remained overwhelmed with record numbers of cases awaiting decision. As of August 31, 2018, the number had reached 764,561. In July, the number of cases awaiting decision was 746,049 cases. This is a significant increase – up 41 percent – compared to the 542,411 cases pending at the end of January 2017, when President Trump took office.
California, Texas, and New York have the largest backlogs in the nation at 142,260, 112,733, and 103,054 pending caseloads respectively. While California is the state with the most pending cases, New York City’s immigration court topped the list of immigration courts with highest number at 99,919 pending cases at the end of August.
To view further details see TRAC’s immigration court backlog tool:
In addition to these most recent overall figures, TRAC continues to offer free monthly reports on selected government agencies such as the FBI, ATF, DHS and the IRS. TRAC’s reports also monitor program categories such as official corruption, drugs, weapons, white collar crime and terrorism. For the latest information on prosecutions and convictions through July 2018, go to:
Even more detailed criminal enforcement information for the period from FY 1986 through August 2018 is available to TRACFed subscribers via the Express and Going Deeper tools. Go to http://tracfed.syr.edu for more information. Customized reports for a specific agency, district, program, lead charge or judge are available via the TRAC Data Interpreter, either as part of a TRACFed subscription or on a per-report basis. Go to http://trac.syr.edu/interpreter to start.
If you want to be sure to receive notifications whenever updated data become available, sign up at:
TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:
At approximately 20,000 more backlogged cases per month, the “Gonzo-ized” version of the US Immigration Courts are on track to jack the backlog up to 1 million by the end of FY 2019! Talk about self-inflicted, totally unnecessary chaos!
Hiring more new Immigration Judges won’t solve the problem because 1) if they do the job right, they will be slow and deliberative, 2) if they are slow, they will be fired, 3) but if they do it “Gonzo’s way” and give Due Process a pass, many of their cases will be sent back by the Courts of Appeals, adding to the mess.
Gonzo’s recent “My Way or the Highway” speech to new IJs where he unethically urged them to violate their oaths of office by ignoring relevant humanitarian factors in asylum cases (which actually are supposed to be humanitarian adjudications) and just crank out more removal orders to carry out the Administration’s White Nationalist agenda is a prime example of why more judicial bodies can’t solve the problem without a complete overhaul of the system to refocus it on Due Process — and only Due Process.
Someday, the Immigration Courts will become independent of the DOJ. That should include a professionally-administered, transparent, merit-based, judicial selection and retention system with provision for meaningful public input. (Such systems now are used for selection and retention of US Bankruptcy Judges and US Magistrate Judges.) When that happens, those Immigration Judges who “went along to get along” with Gonzo’s xenophobic, anti-immigrant, ignore Due Process system might be challenged to explain why they are best qualified to be retained in a new system that requires fair, impartial, and scholarly judges.
This court system can be fixed, but not by the likes of Gonzo Apocalypto; also, not without giving the Immigration Judges back authority over their dockets and leverage to rein in a totally undisciplined, irresponsible, unprofessional, and out of control ICE. (Responsible, professional, practical, humane leadership at DHS and ICE is also a key ingredient for a well-functioning and efficient court system.)
President Donald Trump delivered a speech to the United Nations General Assembly on Tuesday in which he touted nationalism, got laughed at by world leaders, and told migrants to stop coming to the United States.
Trump began his address to world leaders by boasting of his supposed accomplishments.
“In less than two years, my administration has accomplished more than almost any administration in the history of our country … So true,” Trump said. Laughter could be heard from those in attendance.
“Didn’t expect that reaction, but that’s OK,” Trump said.
Later in the speech, the president launched into his anti-immigration views, saying illegal immigration “has produced a vicious cycle of crime, violence and poverty.” He added that the United States will not participate in the U.N.’s new global compact on migration, which the world body said would “develop a global compact for safe, orderly and regular migration.”
“Migration should not be governed by an international body unaccountable to our own citizens,” Trump said. “Ultimately, the only long-term solution to the migration crisis is to help people build more hopeful futures in their home counties. Make their countries great again.”
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Compare Trump’s dishonest, selfish, and downright cowardly views on immigration with those of President Ronald Reagan as quoted by Philip Klein in an article in the Washington Examiner:
Saying that the setting was fitting, Reagan spoke of the families that came through Ellis Island right by the Statue of Liberty. “These families came here to work,” he said. “They came to build. Others came to America in different ways, from other lands, under different, and often harrowing conditions, but this place symbolizes what they all managed to build, no matter where they came from or how they came or how much they suffered.”
He went on to say that, “They helped to build that magnificent city across the river. They spread across the land building other cities and towns and incredibly productive farms. They came to make America work. They didn’t ask what this country could do for them but what they could do to make this refuge the greatest home of freedom in history. They brought with them courage, ambition and the values of family, neighborhood, work, peace, and freedom. They came from different lands but they shared the same values, the same dream.”
Selfish nationalism, ignoring international institutions, racism, and “I can do what I want because I’m bigger and have more guns” attitudes are what caused World War I and World War II. Yet, here is America’s so-called “leader” diminishing us in the world’s eyes and spouting exactly the same type of ignorant, discredited garbage that led to two disastrous World Wars.
No wonder we are losing respect and becoming a laughingstock among nations.
No we’re not “MAGA;’ we’re “MARA” — and we are appearing ridiculous and cowardly to boot. What kind of country elects an “Evil Clown” like Trump to represent them on the world stage.
Get out the vote in November. Decent Americans need to take our country back from Trump and his non-majority “base” before it’s too late — for us and for the world! America is better than this!
Sherrilyn Ifill, 54, is a lawyer living in Maryland and New York. She became the president of the NAACP Legal Defense Fund just after President Obama was sworn in for his second term. Below, she discusses our current political situation, what gives her hope and more.
On the Justice Department under the Trump administration: “During the Obama administration I was trying to push [Obama] further than whatever the administration was already doing in the civil rights space, because that’s kind of my job. But there’s no question that the Obama administration really worked in many instances as a partner. That is not the case now. Attorney General [Jeff] Sessions has made clear that he has no intention of investigating police departments for patterns and practices of discrimination. The Justice Department has essentially all but abandoned civil rights as a priority, and so they are no longer working as a partner with us.
That means that our work has increased. We have had to function as a kind of private DOJ, trying to take up the slack. The DOJ and the attorney general should be the chief enforcer of the nation’s civil rights law. But what we see with Attorney General Sessions is no attempt to prioritize civil rights. In fact, to the contrary, working against us, working against civil rights implementation, working against the progress of civil rights that we’ve achieved.”
On what she would say to President Trump if he invited her to the White House: “I cannot imagine what the circumstance of that invitation would be, so it’s an impossible question to answer. I don’t do ceremonial visits. I’m interested in substance. So there would be a lot I would have to know in advance about what was going to happen. The president has been so explicitly hostile to civil rights and racial justice that I would have to have a very clear understanding of what reversals he was prepared to make to his policies. And in the absence of those, I can’t imagine a circumstance in which I would attend such a meeting.”
On Trump’s comments that black Americans are doing better economically than ever before: ”He does state that, and I think the figures that he uses are convenient in terms of job numbers. But look more closely at wage stagnation and, in fact, wage decreases. Look at the ways in which the failure to invest in infrastructure has left African American communities stranded in terms of transportation. Look at the voter suppression that disempowers African Americans from being able to even control their own destiny in the places where they live. Look at the assault on education and the ways in which the Department of Education is prepared to leave students who are victims of for-profit colleges stranded. Look at the ways which they are seeking to fight and undercut affirmative action. All of these are also part of economic opportunity. And the president conveniently leaves that out of the narrative. Those are things that are necessary to give African Americans a chance.”
On her book about the legacy of lynchings in America, and what the country needs to heal: “What America does not need, in my view, is one national conversation. The book really makes the case for the importance of local communities engaging in truth and reconciliatory processes. The recognition that racial discrimination, and particularly acts of racial pogroms, which essentially is what happened in the period in which lynching was so prevalent in this country, that those local communities need to deal with that, grapple themselves with that history and themselves take on the responsibility for how you stitch back together a community that has been broken for decades, how you confront a painful truth.”
On what gives her hope: “I’m excited to see the continuous mass mobilization that people have engaged in, beginning with the Women’s March and continuing since then, in which people understand the need to come out of their homes to see one another and to say what they believe in. I’ve also really been encouraged by the ways in which the rule of law, for the most part, has held despite President Trump’s excesses. The crisis of this administration’s governance has compelled people to reimagine what it means to be a real citizen in this country. And that gives me optimism, because I think the other way was not sustainable. The benign citizenship performance that most Americans were engaged in was simply not sustainable. Now people understand that they are needed. Their voice is needed, every vote is needed, their engagement is needed.”
Undoubtedly, our Civil Rights Laws were passed to protect African-Americans and similarly situated individuals so that they could enjoy the same advantages and benefits once accorded only to Whites. But, Jeff Sessions believes that civil rights are just about protecting White Power & Privilege against African-Americans, Hispanics, immigrants, LGBTQ individuals and other “uppity” minorities.
Similarly, the Bill of Rights was adopted to protect individual rights against Government overreach. But, Jeff Sessions believes that the right of police to enforce the law using brutality and unnecessary and indiscriminate force is superior to the individual Constitutional rights of people of color.
The solution to restoring reason and the true rule of law (not the perverted “rule of Sessions”): regime change!
The Family Research Council (FRC) uses discredited research and junk science to attack and vilify LGBT people. It claims they’re incestuous and “violent,” for example, a danger to children and society.
Joining them is none other than Secretary of State Mike Pompeo.
The news that such a high-ranking member of the Trump administration — one charged with representing the United States to the rest of the world — is choosing to attend an FRC event certainly “raises eyebrows,” as Nahal Toosi wrote for Politico.
As a former George W. Bush administration official told Toosi, “It’s unusual for a secretary of state to be at an event with ‘voter’ in the title.”
It’s much worse than that, in fact.
Pompeo, though, might feel right at home appearing with such far-right extremists. He’s spoken at numerous conferences hosted by ACT for America and Center for Security Policy, both anti-Muslim hate groups. And he’s not the only one from the Trump administration.
The Trump administration has opened its doors to the radical right. Not only are high-ranking officials speaking at events hosted by hate groups, they’re inviting extremists to consult on the administration’s policies, set its agenda and shape its rhetoric.
Both have ties to extremists who would like to see exactly such a policy out of the White House. Bannon, of course, is Trump’s former chief strategist, a man who has boasted of transforming Breitbart News into “the platform for the alt-right.” Kobach, now the secretary of state in Kansas, is a longtime lawyer for the anti-immigrant hate group Federation for American Immigration Reform. He is also one of the nation’s leading proponents of state laws that suppress the votes of the poor and people of color.
We’ve been tracking instances of extremism in the White House. In less than a year, we’ve found 160 incidents, with at least 15 different hate groups involved in some way.
That’s unacceptable. And it’s why last weekend, we went to Washington to talk to residents who — like us — won’t stand for the bigotry on display at today’s so-called Values Voter Summit.
It’s overwhelmingly clear that the “values” Pompeo will be supporting – tacitly, at the very least –will not be those of LGBT people.
They won’t be the values of the DC residents who are standing with us to say #Y’allMeansAll.
They won’t even be the values of the majority of Americans, whose government should represent their interests rather than the interests of a hate group.
Heather Nauert, a spokeswoman for the State Department, told Politico that Pompeo’s message today is “not political. It’s not a Republican or Democrat message.”
That makes no difference. He has already sent a clear message by agreeing to even appear at the summit. And we’ve all heard it.
The Editors
P.S. Here are some other pieces that we think are valuable this week:
Julia Edwards Ainsley and Dan DeLuce report for NBC News:
WASHINGTON — Days before the Trump administration announced plans to slash the number of refugees allowed into the U.S. to its lowest level in 40 years, Trump senior adviser and immigration hard-liner Stephen Miller made his case for fewer refugees to a room of senior officials at the White House.
His sales job was made easier by the absence of top officials who disagree with his stance. They weren’t there because they weren’t invited, according to two people briefed on the discussions. Missing from the room last Friday were U.N. Ambassador Nikki Haley and the head of the U.S. Agency for International Development, Mark Green, both of whom have promoted a more generous policy toward refugees fleeing poverty, famine and persecution, the two sources said.
The planned cut in the refugee cap, now just 30,000 for the coming fiscal year, is the latest win for Miller, who has outmaneuvered opponents in and outside the administration to push through a crackdown on all forms of immigration.
Miller’s victories on the Muslim travel ban, limiting legal immigrationand separating migrant families at the border show his skill in pulling bureaucratic levers, blocking opponents from key meetings, restricting the flow of information and inserting his allies in key positions, said current and former officials.
In the administration’s internal discussions, Defense Secretary James Mattis — who was also absent from the Friday meeting — and Secretary of State Mike Pompeo had consistently opposed reducing the ceiling for how many refugees could be allowed into the country next fiscal year, former officials, humanitarian experts and congressional staffers from both parties told NBC News.
But after the meeting of top officials at the White House, Pompeo unveiled plans Monday to scale back the cap for refugees in 2019 to its lowest level since 1980. The secretary gave no explanation as to why he had changed his position, or how that number was arrived at during the closed door “principals” meeting.
Lawmakers from both parties, and some Christian charities, had urged Pompeo to stand firm against yet another reduction in refugee admissions, arguing it would undermine relations with allies, fuel instability in volatile regions and damage America’s image.
In a joint statement Wednesday, Republican Rep. Randy Hultgren of Illinois and Democratic Rep. Jim McGovern of Massachusetts expressed “extreme disappointment at the administration’s proposal,” and added, “We cannot turn our back on the international community in a time of historic need.”
Sen. Bob Menendez of New Jersey, the ranking Democrat on the Senate Foreign Relations Committee, said Monday he was “very concerned to see Secretary Pompeo was either not willing or unable to be a voice of reason in the room when the president was told he should continue grinding the U.S refugee program to a halt.”
Former officials said it appeared the top diplomat bowed to Miller and others pressing for scaling back refugee resettlement.
CIA Director Mike Pompeo speaks in Washington on Oct. 19.Carolyn Kaster / AP
“Pompeo got rolled,” said one former official familiar with the deliberations who served under Republican and Democratic administrations. The secretary “got manhandled by a kid who knows nothing about foreign policy,” said the source, referring to the 33-year-old Miller.
The State Department did not respond directly to questions about why Pompeo apparently altered his stance. But a spokesperson said the recommendation, which still must be approved by the president, takes into account additional security vetting procedures for refugee applications as well as the need to manage nearly 300,000 asylum cases.
Over the past several months, former officials and humanitarian organizations say, Miller restricted who would take part in the deliberations, while ensuring like-minded associates were in key positions at the State Department.
Unlike last year’s deliberations on refugees, Haley and her office were excluded from the inter-agency discussions on the issue and did not attend last Friday’s meeting where the cap was set, even though her staff argued she should be included, current and former officials said.
Although Haley’s office was not invited into the discussions, the ambassador “provided our views during the process,” a spokesperson for the U.S. mission at the UN told NBC News.
Haley had previously opposed drastic reductions in refugee resettlement numbers.
Paving the way for Miller, an official at the National Security Council, Jennifer Arangio, a political appointee who worked on President Donald Trump’s campaign, was fired and escorted from her office in July after clashing with Miller over refugee-related issues. And two refugee skeptics aligned with Miller are now in senior positions at the State Department: Andrew Veprek at the Bureau for Population, Refugees and Migration and John Zadrozny at the policy planning office.
The White House did not respond to requests for comment.
The State Department declined to disclose which agencies or officials attended the final interagency discussions, but a spokesperson said the plan was arrived at “in consultation with all appropriate government agencies.”
It was not clear if the Office of Refugee Resettlement, which is part of the Department of Health and Human Services and provides cash payments and medical assistance to newly arrived refugees, was invited to the inter-agency process. A spokesperson said ORR took part in “the discussion” on the issue but did not say specifically if the office had a seat at the table in the inter-agency deliberations.
The White House meeting last Friday was classified and limited to only a small number of senior officials and cabinet members. Those restrictions are usually reserved for more sensitive issues involving military action or intelligence, former officials said. The limits played in Miller’s favor, as cabinet members and their deputies could not divulge details of the discussion.
Mattis did not attend the meeting in person and provided his opinion in writing, Pentagon spokeswoman Dana White said. She added that “as the information and discussion were classified, I cannot provide further comment.”
Based on the administration’s public statements on the issue, Miller also appeared to succeed in framing the refugee issue on his terms.
Senior adviser to President Donald Trump, Stephen Miller, watches as Attorney General Jeff Sessions delivers remarks during the daily White House press briefing in Washington on March 27, 2017.Win McNamee / Getty Images file
When Pompeo announced the plan to reporters at the State Department this week, he echoed arguments that Miller and his supporters have often employed to defend drastic restrictions on refugees. Pompeo said that the government lacked the manpower to handle more refugees, that the U.S. was focused on providing aid abroad where refugees are located and that refugee numbers needed to be limited to safeguard the country’s national security.
“He was using Miller’s talking points,” another former official who served in both Republican and Democratic administrations said.
With the world facing the worst refugee crisis since World War II, the recommendation to slash refugee numbers was widely condemned by humanitarian organizations and rights groups. Pompeo’s announcement is “appalling, and it continues this administration’s rapid flight from the proud U.S. tradition of providing refuge to those fleeing persecution around the world,” said Eric Schwartz, president of Refugees International, who oversaw refugee policy at the State Department.
Those who share Miller’s views on immigration say he is portrayed unfairly by his critics. They maintain he is merely a successful advocate for Trump, who promised as a candidate to clamp down on immigration and temporarily halt Muslims from entering the country.
“As I understand it, Miller is zealously promoting his boss’s agenda within the administration, and running up against people who are less committed to that agenda,” said Mark Krikorian of the Center for Immigration Studies, which has backed the administration’s stance on immigration.
“He seems to be pretty effective at navigating bureaucratic politics, which is an essential skill if you want to get anything done.”
In a tumultuous White House, Miller is one of a handful of original Trump loyalists who has survived and thrived, exerting an outsize influence over immigration decisions and rhetoric.
One administration official, who was not authorized to speak on the record, said it should not be surprising that so many of Miller’s ideas have come to fruition.
“Miller has survived and people who think like Miller have survived because the president agrees with these policies. He is not running a rogue operation,” the official told NBC News.
Miller was once part of a small group of outsiders working as staffers on Capitol Hill who backed an aggressive line on immigration but often found themselves out of favor with the Republican Party establishment.
Many of those former colleagues are now deployed throughout the administration and have helped design and carry out some of Miller’s most sweeping and contentious policies, including a ban on travel from certain countries, a higher bar for proving asylum, a reduction in refugee admissions and the separation of migrant parents from their children at the border.
Miller and his allies have even promoted the creation of a denaturalization task force, which is supposed to ferret out people who lied on their applications and to strip them of their citizenship.
Critics say Miller is overseeing a systematic attack on all forms of immigration, illegal and legal, by promoting an underlying idea that foreign-born citizens or immigrants represent a dangerous threat to the country.
“I think he’s going to go down in history having a lot of blood on his hands. He is driving the most nativist agenda we have seen in 100 years,” said Frank Sharry, executive director of America’s Voice, an immigration reform advocacy group in Washington. “But he has had mixed results.”
Some of those mixed results include the legal blowback on the travel ban, which went through three versions before finally holding up in federal court. Miller also pushed for the end of DACA, the program designed to help children brought to the country illegally by their parents to remain in the U.S. But courts have stopped the administration from taking away those rights.
The most hard-line measures have also proved politically unpopular, according to opinion polls, with large majorities of American voters voicing opposition to ending DACA or detaining children separately from relatives entering the country illegally.
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Meanwhile, over at Jezebel.com, Esther Wang gives us the skinny on the guy who implements an anti-immigrant agenda with a smile and has taken the word “Services” out of “United States Citizenship and Immigration Services.”
It’s often the architects of our nation’s monstrous immigration policies (cough Stephen Miller cough) who are the subject of dramatic news headlines and the target of our much-deserved vitriol. But, as a new Politicoprofile of Lee Francis Cissna, the director of U.S. Citizenship and Immigration Services, reminds us, the bureaucrats who willingly and happily follow the dictates that come from above are equally as appalling (if not more so in their unthinking devotion to carrying out orders).
Politico describes how Cissna, the son of an immigrant from Peru and husband to the daughter of a Palestinian refugee who has steadily worked his way up the ranks of different federal agencies, has been dramatically—and quietly—reshaping immigration policy:
Much less visible than Miller or Department of Homeland Security Secretary Kirstjen Nielsen, Cissna has quietly carried out Trump’s policies with a workmanlike dedication. From his perch atop USCIS, he’s issued a steady stream of policy changes and regulations that have transformed his agency into more of an enforcement body and less of a service provider. These changes have generated blowback from immigrant advocates, businesses and even some of his own employees. Leon Rodriguez, who served as USCIS director under President Barack Obama, said the agency is sending a message “that this is a less welcoming environment than it may have been before.”
While the travel ban and family separations grabbed headlines, Cissna has waged a quieter war,tightening and reworking regulations and guidance that make it harder to come to the U.S. as an immigrant or temporary worker.
In February, Cissna rewrote the mission statement of the agency which he heads, eliminating a passage that proclaims the U.S. is “a nation of immigrants,” a symbolic move that nonetheless signaled a worrisome shift.
A few months later, Cissna announced the creation of a new denaturalization task force, which would investigate naturalized Americans whom the agency suspected of lying on their citizenship applications. As Masha Gessen wrote in The New Yorker, “It’s the apparent underlying premise that makes this new effort so troublesome: the idea that America is under attack by malevolent immigrants who cause dangerous harm by finding ways to live here.” Gessen continued: “Indeed, the creation of the task force itself is undoing the naturalization of the more than twenty million naturalized citizens in the American population by taking away their assumption of permanence. All of them—all of us—are second-class citizens now.” One of the people Cissna wished to strip citizenship from? A 63-year-old Peruvian-American grandmother, over her minor role in a fraud scheme perpetrated by her boss.
He has also spearheaded other changes, many of which have largely flown under the radar and failed to generate widespread outrage outside of those whose lives will be impacted by them—from new rules that empower USCIS officials to initiate deportation proceedings for a wider number of immigrants to policies that allow USCIS officers to deny visa and green card applications over small errors, without giving applicants an opportunity, as the Obama administration did, to fix them.
And as Politico and others have reported, Cissna plans on pushing through a new regulation—described as “the most controversial regulation to come out of his agency under Trump”—that would prevent people from immigrating to the United States if they’re expected to use public benefits. As Politico writes, “The proposed regulation, which is expected before the midterm elections, would effectively gentrify the legal immigration system, blocking poorer immigrants from obtaining green cards or even from entering the country in the first place.”
People who have known Cissna for years expressed surprise at the turn that he has taken as head of USCIS.
“We’re pretty stunned that a guy who is compassionate, funny, proud of his immigrant mother from Latin America, that he would now be one of the key architects of the seemingly heartless policy of separating families,” Dan Manatt, who attended Georgetown Law School with Cissna, told Politico.
Cissna himself disputes that he bears any animosity towards immigrants.
“I just feel a strong commitment to the law, and to the rule of law,” Cissna told Politico. “None of the things that we’re doing, as I’ve said on numerous public occasions, are guided by any kind of malevolent intent.”
Good to know—he doesn’t hate immigrants, he just loves laws that make their lives as difficult as possible. What a relief.
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No, the law doesn’t require that we bend the rules to harass and make it difficult for individuals who qualify for legal immigration and refugee status to actually get into the country. In addition to being complete jerks, Miller and Cissna are liars.
Get out the vote! Inspire your friends who oppose White Nationalism to get out and vote. These Dudes are pure evil, and America’s future is on the line! If decent people don’t stand up for humane values, evil can prevail! Time to restore the real “rule of law” which requires us to admit legal immigrants, refugees, and asylees without throwing up bogus White Nationalist roadblocks.
A former senior government official who oversaw refugee resettlement under Barack Obama warned that the Trump administration’s decision to slash the refugee admissions cap to a record low could have fatal consequences.
Bob Carey, the director of the Office of Refugee Resettlement (ORR) under the Obama administration from 2015 to 2017, told the Guardian the new limit of 30,000 refugees per year and the Trump administration’s justification for the cap was “a new low in our history”.
“People will be harmed,” Carey said. “People will die.”
Mike Pompeo, the secretary of state, announced on Monday that in the fiscal year that begins 1 October, the US will only allow up to 30,000 refugees – a sliver of 1% of the more than 68 million people forcibly displaced across the globe.
Carey and other refugee advocates said the new limit is part of a systematic effort by the US government to dismantle humanitarian protections for people fleeing violence, religious persecution and armed conflict. And they are concerned other countries will follow the US in dismantling refugee programs.
Pompeo’s announcement followed a six-month period where the US forcibly separated more than 2,600 migrant children from their parents, ended its commitment to funding the United Nations’ program for Palestinian refugees and was scrutinized by its own military officials for denying entry to Iraqis who assisted US troops.
Carey left his posting at ORR, an office in the health department, when Trump took office in January 2017. He said the refugee program – which is overseen by the health department, department of homeland security and state department – is being “managed to fail”.
“It’s really disturbing and tragic,” said Carey, who is now a fellow at the Open Society Foundations. “I think it will ultimately make the world less secure.”
Resettlement is what happens after people flee to one county and are then given a chance to start new lives in a third country. Resettlement is not what happens to most refugees: there were 19.9 million people who had fled their home country at the end of 2017, but less than 1% were resettled that year, according to the UN refugee agency.
An additional 40 million people are internally displaced and 3.1 million are seeking asylum, according to UNHCR.
With two weeks to go in the 2018 fiscal year, the US has admitted 20,918 refugees for resettlement – 46% of the current 45,000 refugee cap.
To justify the lower cap, Pompeo cited a backlog of outstanding asylum cases for draining resources. In doing so, he linked two groups that are processed differently – refugees and asylum seekers – and overstated how many asylum cases are in the backlog.
“Some will characterize the refugee ceiling as the sole barometer of America’s commitment to vulnerable people around the world,” Pompeo said. “This would be wrong.”
But humanitarian groups allege that targeting a population that is vetted more than any other immigrant group is a key indicator of the US’s humanitarian priorities under Trump.
“There is no question that from the very beginning this administration had a goal to shut down or extremely limit the refugee program,” said Michelle Brané, director of the migrant rights and justice program at the Women’s Refugee Commission.
Brané said low refugee admissions, coupled with the Trump administration’s slate of policies and directives that limit legal and illegal immigration, has created a “pressure cooker” in the most unstable regions in the world.
“You lock people in, you don’t let them out,” Brané said. “You don’t provide them an avenue to safety. What does that mean in the end? It feels like we’re leading to a bigger crisis.”
People in the refugee resettlement community are worried that the rapid, dramatic dismantling of the program means it will be difficult to rebuild if the cap is raised in the future.
This is because with fewer refugees coming in, there is less need for refugee resettlement agencies who work as nonprofits contracted by the US government to manage the resettlement process by finding refugees housing, jobs and schools. This year, at least 20 were set to close and 40 others have cut operations, according to Reuters.
Paedia Mixon is CEO of New American Pathways, an Atlanta resettlement agency that provides assistance to all types of immigrants. “Our fears are in a short period of time you can destroy something that’s worked really well,” Mixon said.
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Yes, it took generations to build up the current NGO resettlement system. But, it has taken the Trump Administration less than two years to largely dismantle, and totally demoralize, it. Once destroyed, that system will not easily be rebuilt, if at all.
American is hurtling down a dark corridor. We must use our democratic processes to remove Trump, his White Nationalists, and their GOP enablers and supporters before it’s too late for America and the world, and most of all for the human beings whose lives depend on the international refugee protection system.
As Jake Sullivan, former senior national security adviser to Hillary Clinton told the Washington Post’s Jennifer Rubin: “It’s been a long time in this country since there was such a big moral gap between a big-hearted American people and their small-minded leaders.”
Once, those who picked on widows, orphans, women, and children were rightly considered to be immoral bullies and cowards, the butt of jokes. Now, we have somehow let them govern our country. That’s the very definition of a kakistocracy — government by the worst among us. Time for a change!
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 low02:16
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.
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.
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.
CNN’s Catherine Shoichet, Tal Kopan, Michelle Kosinski and Jennifer Hansler contributed reporting
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.
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.
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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!
The main benefit would be the creation of a federal licensing scheme for additional Family Residential Centers that would provide care for alien minors and their parents.
Maybe, but if a challenge to the regulation goes to court, the main issue is likely to be whether administration officials can bypass an explicit statutory provision requiring mandatory detention in expedited removal proceedings with a settlement agreement.
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Go on over to The Hill at the link to read the rest of Nolan’s article which contains summaries of the Flores settlement and the expedited removal process.
Mr. Sandoval-Moshenberg, who represented the plaintiffs, said that many parents were evaluated for “credible fear” after having their children removed, but before they were told where the children had been taken. He said his team submitted evidence showing that, during the interviews, the parents were “out of their minds with trauma, focused solely on the well-being and the whereabouts of their kids.”
In one piece of evidence included in the case, a recording of an immigration judge questioning a mother about her asylum claim, the mother can be heard crying too hard to answer the judge’s questions and says that she feels sick, Mr. Sandoval-Moshenberg said. After a few minutes, he said, the judge affirms an asylum officer’s finding that the woman’s fear of returning to her home country is not credible and asks that she be taken to see a doctor.
. . . .
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Read Caitlin’s full article concerning the recent proposed settlement at the above link.
Obvious question: Why would somebody like Jeff Sessions be given authority over a “court system” that is supposed to insure Due Process for asylum applicants? That’s even worse than having the fox guard the henhouse! The results are as horrible and unlawful as they are predictable.
A June photo released by US Customs and Border Protection (CBP) shows undocumented people at the central processing center in McAllen, Texas. Photograph: Handout/US Customs and Border Protection/AFP/Getty Images
All day and night they listened to the wailing of hungry children.
Here, in a freezing immigration detention facility somewhere in the Rio Grande valley of south Texas, adults and children alike were fainting from dehydration and lack of food.
Sleep was almost impossible; the lights were left on, they had just a thin metallic sheet to protect against the cold and there was nothing to lie down on but the hard floor.
This is the account of Rafael and Kimberly Martinez, who, with their three-year-old daughter, had made the dangerous trek from their home on the Caribbean coast of Honduras to the US border to ask for political asylum.
“The conditions were horrible, everything was filthy and there was no air circulating,” Kimberly Martinez told the Guardian of the five days the family spent cooped up in one facility they – like tens of thousands before them – referred to as “la hielera”: the icebox. Her husband added: “It’s as though they wanted to drain every positive feeling out of us.”
They knew, from following the news, that their ordeal of escaping gang violence back home and trekking across desert terrain at the height of summer would not end when they reached the United States.
What they did not expect, though, were days of hunger, separation and verbal abuse that they said they endured at the hands of federal immigration officials.
‘Caged up like animals’
All they were given to eat, they said, were half-frozen bologna sandwiches, served at 10 in the morning, five in the afternoon and two in the morning, and single sugar cookies for their daughter. What water they were given had a strong chlorine taste – a common complaint – and upset their stomachs.
The Martinezes (not their real name) were among dozens of asylum-seekers the Guardian interviewed in the border city of McAllen recently after they secured their provisional release from federal custody – with black electronic monitors fastened tightly around their ankles – and just before they continued their journeys by bus to the homes of US-based sponsors to await court hearings on their statuses.
The Guardian sat in with a team of volunteer doctors and nurses administering emergency medical care and listened as family after family gave jarringly consistent accounts of what they described as grim conditions in a variety of border detention facilities – conditions that have grown only grimmer since the advent of Donald Trump’s “zero tolerance” immigration policies.
Activists in Los Angeles protest Donald Trump’s immigration policies, 30 June. Photograph: Mike Nelson/EPA
Officials said the allegations made by families about their experiences in detention did not equate with what they knew to be common practice and they insisted detainees were treated with dignity and respect.
The “hieleras”, or iceboxes, asylum-seekers said, were overcrowded, unhygienic, and prone to outbreaks of vomiting, diarrhea, respiratory infections and other communicable diseases. Many complained about the cruelty of guards, who they said would yell at children, taunt detainees with promises of food that never materialized and kick people who did not wake up when they were expected to.
At regular intervals, day and night, the Martinezes, and many others, said guards would come banging on the walls and doors and demand that they present themselves for roll call.
If they talked too loudly, or if children were crying, the guards would threaten to turn the air temperature down further. When the Martinezes gathered with fellow detainees to sing hymns and lift their spirits a little, the guards would taunt them, or ask aggressively: “Why did you bother coming here? Why didn’t you stay in your country?”
“Many of these agents were Latinos, like us, but they were people without morals,” Rafael Martinez said, his voice choking with tears. “There we were, caged up like animals, and they were laughing at us.”
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Read the rest of Gumbel’s shocking, disturbing, and downright infuriating report at the above link. If any other country treated vulnerable individuals seeking to exercise their legal rights to claim refuge under the Geneva Convention in this way we would call it just what it is — extreme cruel and inhuman treatment amounting to torture. Yet, somehow, the architects of this abhorrent, racist, wasteful, and dehumanizing system — Trump, Sessions, Miller, Nielsen, and others — remain free and largely unaccountable.
They even have the absolute audacity to whine and complain when Federal Courts occasionally call them out for their gross contempt for the law and Constitution and force them to take corrective action — which they do grudgingly, disrespectfully, without apology, and ineffectively.
Just today, “Gonzo Apocalypto” was sputtering about Federal Courts issuing nationwide injunctions against some of his corrupt, illegal, unconstitutional, and immoral practices. What a totally disingenuous jerk! I don’t remember Ol’ Gonzo complaining when a single Federal Judge in Texas, Judge Hanen, tanked Obama’s “DAPA” program that would have helped hundreds of thousands of deserving parents of US citizens and green card holders (and also helped reduce the Immigration Court backlog). Heck, Gonzo even tried to use that decision as the bogus justification for terminating DACA, a step that even Judge Hanen is not very anxious to take. Unlike Gonzo, Judge Hanen at least understands that DACA individuals have substantial equities in the United States that Congress would be wise to recognize through legislation.
Undoubtedly, there is a need for some detention of dangerous individuals or some so-called “flight risks” pending the completion of immigration proceedings. But, it is only a minuscule fraction of the number now being unnecessarily and wastefully detained.
And, there is seldom any reason whatsoever for detaining women and children who have passed the credible fear process and seek asylum. Work with the private bar to get them represented, help them understand the system, including their obligations to appear at court and when summoned by DHS, and work with the U.S. Immigration Judges, the private bar, and the DHS Offices of Chief Counsel to get these cases scheduled in a reasonable manner.
For every case that DHS seeks “priority processing,” they should be required to offer prosecutorial discretion or “PD” to a “lower priority” case. That would eliminate the current Government practice of “Aimless Docket Reshuffling” (“ADR”), keep the court backlogs from growing out of control, and insure timely and fair processing of recent arrivals. The DHS would also be “incentivized” to agree or stipulate to well-documented, clearly grantable asylum cases, as they are supposed to do. That’s how the system could and should work pending enactment of more comprehensive immigration reform.
Additionally, individuals who satisfy “credible fear” should be offered an opportunity to apply first to the USCIS Asylum Office, before the case is sent to Immigration Court, since that office would already have a “preliminary workup” of the case.
There are lots of ways of improving this system and making it work better for the asylum applicants, their lawyers, and the DHS. But, they aren’t going to happen as long as irresponsible, biased, ethically and morally challenged “White Nationalist” officials such as Trump, Sessions, & Nielsen are in charge.
As many as 1,000 parents separated from their children are getting a second chance to stay in the US
In a huge reversal, the Trump administration is giving families another chance to claim asylum — and even some parents who’ve already been deported might be eligible.
A Honduran father and his 6-year-old son worship during Sunday mass on September 9, 2018, in Oakland, California. They fled their country seeking asylum in the US.Mario Tama/Getty Images
The Trump administration has just agreed to give parents who were separated from their children at the US-Mexico border earlier this year a second chance to make asylum claims in the US.
The Department of Justice has negotiated an agreement that covers three lawsuits filed against the government over the family-separation policy. Parents in the US who’d been ordered deported would get another chance to pass an interview demonstrating a “credible fear” of persecution — the first step in the asylum process.
If either the parent or the child passes the screening interview, families will be allowed to apply for asylum together. Some parents who don’t pass will be allowed to remain with their children in the US while the children’s cases are adjudicated.
And in some cases, the government is even willing to consider reopening cases for parents who were already deported from the US.
The agreement covers three lawsuits: Ms. L v. ICE, which forced the government to reunite separated families this summer; M- M- M- v. ICE, brought on behalf of children separated from parents; and Dora v. Sessions, a lawsuit from parents who had failed their initial asylum screenings because they were distraught after weeks of separation from their children.
If the agreement is approved by the federal judges overseeing the three lawsuits, it will result in a second chance for hundreds of parents. Muslim Advocates and the Legal Aid Justice Center, who represented the plaintiffs in Dora v. Sessions, believe it could give “well over 1,000” parents another chance at an asylum claim. And for many families, it will eliminate (or at least defer) the impossible choice between giving up a child’s legal case, and separating the family again by keeping the child in the US while the parent is deported.
Separating families made it much harder for parents to seek asylum
Under the Trump administration’s family separation policy, a parent who wanted to seek asylum in the US had one chance: to pass a “credible fear” screening interview with an asylum office.
If a parent passed the credible fear screening, he or she was given a chance to seek asylum before an immigration judge; if the parent failed, he or she could appeal the decision to an immigration judge, with much worse odds. Losing the appeal, or agreeing to drop the case, led to an order of deportation.
Generally, most asylum seekers pass their credible fear screenings. But evidence suggests that parents who were separated from their children often failed their interviews. Parents were often so consumed by grief over their separation from their children that they weren’t able to answer asylum officers’ questions fully and effectively, according to the lawsuit filed in Dora v. Sessions.
“Explaining the basis for an asylum claim is very difficult under the best of circumstances,” said one source familiar with the interview process but not professionally authorized to speak on the record. “When someone is a) detained, b) almost certainly unrepresented, and c) beside herself with fear and desperation because of having had her child taken from her,” the source continued, “it is almost impossible.”
By the time nearly 2,000 parents and children were reunited in July (thanks to Judge Dana Sabraw’s rulings in the Ms. L case ordering family reunification), the overwhelming majority of parents had already lost their cases and been ordered deported. But their children — who’d been placed on a separate legal track as “unaccompanied alien children” after being separated from their parents — often still had ongoing cases and a real chance of winning some form of legal status in the US.
So upon being reunited, hundreds of families were faced with the choice between returning to their home country together (and facing possible peril or persecution), and keeping the child in the US in hopes of winning asylum or another form of legal status — and separating the family anew. (Some parents alleged they weren’t even given this chance, and were coerced into withdrawing their children’s legal claims — and forcibly reseparated without warning if they refused to comply.)
None of this would have happened if families hadn’t been separated to begin with. Under normal circumstances, if either a parent or a child passed an asylum interview, the government would allow them both to file asylum claims. And obviously, parents who weren’t traumatized by family separation might have had a better chance with their interviews. But simply reuniting the family didn’t solve the problem.
The government is agreeing to give reunited families the same chance they’d had if they’d never been separated
Here is what the agreement proposed by the government would actually do, if approved:
Parents who passed their initial “credible fear” interviews for asylum will be allowed to continue; this agreement doesn’t change those cases.
Parents who had lost their cases and been ordered deported will be given a full review to reassess whether or not they have a credible fear of persecution. This review will include a second interview for “additional fact-gathering” — during which a lawyer can be present (or can dial in by phone). Parents will be allowed to do this even if they didn’t ask for a credible fear interview when they were first arrested.
Parents who fail their credible fear screenings will be allowed to remain in the US and apply for asylum if their child passes his or her credible fear screening. The reverse is also true: If a child fails her asylum screening but the parent passes his, both parent and child will be allowed to apply for asylum. This is the way things normally work when families are apprehended together; by instituting it now, the government is essentially wiping away the legal side effects of family separation.
Parents who aren’t eligible for a credible fear interview because they had been deported before and were returning will still be allowed to avoid deportation if they meet a higher standard (“reasonable fear”) and qualify for something called “withholding of removal.” Even if they fail that standard, they will be allowed to stay in the US while their children are going through their asylum cases.
Parents who have already been deported will not have their cases automatically reviewed by the government. However, the plaintiffs in these lawsuits will have 30 days to present evidence to the government that particular parents should be allowed to return, and the government will consider those requests. (The agreement doesn’t make it clear whether deported parents will have their own cases reopened, or whether they will solely be allowed to return to stay with their children while the children’s legal cases are ongoing.)
If the agreement is approved, it will officially send the legal fight over family separation into its endgame phase. While hundreds of parents and children remain separated, the legal fight over reunification is largely about who’s responsible for carrying out various parts of the government’s reunification plan; the new agreement would set a similar plan up for the legal due process of parents and children making claims to stay in the US.
It would almost certainly run into similar implementation obstacles to the reunification plan, but it would set expectations that the government would provide this process by default, rather than moving forward with deportation.
The Trump administration is never going to wholly be able to erase the consequences of its decision to separate families as a matter of course. But it is now agreeing to give up the legal advantages that it accrued by separating parents’ and children’s cases — and forcing parents to go through interviews with life-or-death stakes without knowing when or whether they’d ever see their children again.
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I’ve been saying it over and over again. Why not just do it right, provide full Due Process, and follow the law?
Not only are the policies being promoted by Sessions, Trump, and the rest of the GOP White Nationalists unconstitutional, illegal, vile, and immoral, they are totally wasteful of limited Government resources (particularly in a time of GOP-fueled budget deficits) and unnecessarily tie up the Federal Courts. Contrary to Jeff Sessions’s false narratives, no court system anywhere has unlimited time for all the nonsense that the Government could potentially pursue. When common sense and sane prosecutorial discretion lose out, they whole system suffers.
Think what might have happened if, instead of wasting time and money on illegal family separation, unnecessary criminal prosecutions, and bending protection law out of shape, the Government had done the right thing and spent the money:
Working with NGOs and legal aid groups to release folks in locations where they could get legal assistance, virtually guaranteeing their appearance in Immigration Court;
Agreeing to grant the many domestic violence and other types of gang-related cases that could have been granted after proper preparation and documentation under a proper application of the law (before Sessions messed it up);
Taking all of the cases of long-term law-abiding residents off overloaded Immigration Court dockets so that the real contested asylum cases could be given priority without denying anyone Due Process or moving everything else back through “Aimless Docket Reshuffling” (“ADR”).
Any “bad guys,” or “true economic migrants” could have been given full hearings, denied, and removed. But, totally contrary to Sessions’s racist blather, most of the folks arriving are actually legitimate refugees. They could have been granted status and allowed to go out and work and study to make America better. I’ve found few individuals (including many native-born US citizens) more grateful and willing to work hard and contribute than those granted asylum.
The money spent on wasteful litigation and needless, cruel and inhuman, detention could instead have been used;
to establish a viable overseas refugee screening program in the Northern Triangle;
working with other countries to share resettlement responsibilities;
and trying to correct the situations in the Northern Triangle which gave rise to the refugee flows in the first place.
Sadly, this is hardly the first, and probably by no means the last, time that the US Government has been forced to reprocess large numbers of asylum seekers because of a failure to follow Due Process and do the right thing in the first place. Just check out the history of the ABC v. Thornburgh litigation and settlement (a case I was involved in during my time in the “Legacy INS” General Counsel’s Office).
Indeed, the Trump scofflaws are “doubling down” on every failed policy fo the past. They actually are at it again with their bone-headed proposal to thumb their collective noses at Judge Dolly Gee and withdraw from the Flores settlement and set up a “Kiddie Gulag” by regulation. Good luck with that. The Trump Scofflaws are already wasting your taxpayer money on more “tent cities in the Kiddie Gulag” that they almost certainly will be enjoined from using at some point. Then, cooler heads will prevail and we’ll undoubtedly have a “Flores II” settlement.
Also, compare the real role of immigration lawyers in enforcing the law and holding Goverment scofflaws like Sessions and Nielsen accountable with the totally bogus picture painted by Sessions in his false, unethical, and highly inappropriate speech to US Immigration Judges this week. Truth is exactly the opposite of nearly everything that Jeff Sessions says.
Our country can’t afford the scofflaw conduct, inhumanity, immorality, and wastefulness of Trump, Sessions, Miller and their racist White Nationalist cabal. Vote for regime change this Fall!
Sophia Genovese, Sept. 10, 2018 – “US asylum law is nuanced, at times contradictory, and ever-changing. As brief background, in order to be granted asylum, applicants must show that they have suffered past persecution or have a well-founded fear of future persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion, and that they are unable or unwilling to return to, or avail themselves of the protection of, their country of origin owing to such persecution. 8 C.F.R. § 1208.13(b)(1) & (2). Attorneys constantly grapple with the ins and outs of asylum law, especially in light of recent, dramatic changes to asylum adjudication.
Even with legal representation, the chances of being granted asylum are slim. In FY 2017, only 45% asylum-seekers who had an attorney were ultimately granted asylum. Imagine, then, an asylum-seeker fleeing persecution, suffering from severe trauma, and arriving in a foreign land where he or she suddenly has to become a legal expert in order to avoid being sent back to certain death. For most, this is nearly impossible, where in FY 2017, only 10% of those unrepresented successfully obtained asylum.
It is important to remember that while asylum-seekers have a right to obtain counsel at their own expense, they are not entitled to government-appointed counsel. INA § 240(b)(4)(A). Access to legal representation is critical for asylum-seekers. However, most asylum-seekers, especially those in detention, go largely unrepresented in their asylum proceedings, where only 15% of all detained immigrants have access to an attorney. For those detained in remote areas, that percentage is even lower.
Given this inequity, I felt compelled to travel to a remote detention facility in Folkston, GA and provide pro bono legal assistance to detained asylum-seekers in their bond and parole proceedings. I travelled along with former supervisors turned mentors, Jessica Greenberg and Deirdre Stradone, Staff Attorneys at African Services Committee(ASC)/Immigrant Community Law Center (ICLC), along with Lucia della Paolera, a volunteer interpreter. Our program was organized and led by the Southern Poverty Law Center’s Southeast Immigrant Freedom Initiative (SIFI). SIFI currently only represents detained asylum-seekers in their bond and parole proceedings in order to assist as many folks as possible in obtaining release. Their rationale is that since bond and parole representation take up substantially less time than asylum representation, that they can have a far greater impact in successfully obtaining release for several hundred asylum-seekers, who can hopefully thereafter obtain counsel to represent them in their asylum proceedings.
Folkston is extremely remote. It is about 50 miles northwest of Jacksonville, FL, and nearly 300 miles from Atlanta, GA, where the cases from the Folkston ICE Processing Center are heard. Instead of transporting detained asylum-seekers and migrants to their hearings at the Atlanta Immigration Court, Immigration Judges (IJs) appear via teleconference. These proceedings lack any semblance to due process. Rather, through assembly-line adjudication, IJs hear several dozens of cases within the span of a few hours. On court days, I witnessed about twenty men get shuffled into a small conference room to speak with the IJ in front of a small camera. The IJ only spends a few minutes on each case, and then the next twenty men get shuffled into the same room. While IJs may spend a bit more time with detainees during their bond or merits hearings, the time spent is often inadequate, frequently leading to unjust results.
Even with the tireless efforts of the Staff Attorneys and volunteers at SIFI, there are simply too few attorneys to help every detainee at the Folkston ICE Processing Center, which houses almost 900 immigrants at any given time, leaving hundreds stranded to navigate the confusing waters of immigration court alone.
During initial screenings, I encountered numerous individuals who filled out their asylum applications on their own. These folks try their best using the internet in the library to translate the application into their native language, translate their answers into English, and then hand in their I-589s to the IJ. But as any practitioner will tell you, so much more goes into an asylum application than the Form I-589. While these asylum seekers are smart and resourceful, it is nearly impossible for one to successfully pursue one’s own asylum claim. To make matters worse, if these asylum-seekers do not obtain release from detention ahead of their merits hearing where an IJ will adjudicate their asylum claim, they will be left to argue their claims in the Atlanta Immigration Court, where 95%-98% of all asylum claims are denied. For those detained and/or unrepresented, that number is nearly 100%.
Despite the Attorney General’s most recent comments that lawyers are not following the letter of the law when advocating on behalf of asylum-seekers, it is clear that it is the IJs, [tasked with fairly applying the law, and DHS officials, tasked with enforcing the law,] who are the ones seeking to circumvent the Immigration and Nationality Act (INA). Throughout the Trump era, immigration attorneys have faithfully upheld asylum law and have had to hold the government accountable in its failure to apply the law fairly. Good lawyers, using all of their talents and skill, work every day to vindicate the rights of their clients pursuant to the INA, contrary to Sessions’ assertions.
But more importantly, asylum-seekers have suffered from serious human rights abuses and merit protection under our laws. Their cases are not denied because they are not bona fide. Their cases are not denied because they do not qualify as refugees under the INA. Indeed, most of these asylum-seekers were found to possess a credible fear of return upon their initial apprehension. Through a combination of lack of access to counsel, unfair and uneven adjudication by IJs, and impermissible interference by the Attorney General, credible and bona fide cases are frequently denied.
We’ve previously blogged about the due process concerns in immigration courts under Sessions’ tenure. Instead, I want to highlight the stories of some of the asylum-seekers I met in Folkston. If these individuals do not obtain counsel for the bond or parole proceedings, and/or if they are denied release, they will be forced to adjudicate their claims in the Atlanta Immigration Court where they will almost certainly be ordered removed. It is important that we understand who it is that we’re actually deporting. Through sharing their stories, I want to demonstrate to others just how unfair our asylum system is. Asylum was meant to protect these people. Instead, we treat them as criminals by detaining them, do not provide them with adequate access to legal representation, and summarily remove them from the United States. Below are their stories:
Twenty-Five Year Old From Honduras Who Had Been Sexually Assaulted on Account of His Sexual Orientation
At the end of my first day in Folkston, I was asked to inform an individual, Mr. J-, that SIFI would be representing him in his bond proceedings. He’s been in detention since March 2018 and cried when I told him that we were going to try and get him out on bond.
Mr. J- looks like he’s about sixteen, and maybe weighs about 100 pounds. Back home in Honduras, he was frequently ridiculed because of his sexual orientation. Because he is rather small, this ridicule often turned into physical assault by other members of his community, including the police. One day when Mr. J- was returning from the store, he was stopped by five men from his neighborhood who started berating him on account of his sexual orientation. These men proceeded to sexually assault him, one by one, until he passed out. These men warned Mr. J- not to go to the police, or else they would find him and kill him. Mr. J- knew that the police would not help him even if he did report the incident. These men later tracked down Mr. J-’s cellphone number, and continued to harass and threaten him. Fearing for his life, Mr. J- fled to the United States.
Mr. J-’s asylum claim is textbook and ought to be readily granted. However, given Sessions’ recent unilateral change in asylum law based on private acts of violence, Mr. J- will have to fight an uphill battle to ultimately prevail. See Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018). If released on bond, Mr. J- plans to move in with his uncle, a US citizen, who resides in Florida. Mr. J-’s case will then be transferred to the immigration court in Miami. Although the Immigration Court in Miami similarly has high denial rates, where nearly 90% of all asylum claims are ultimately denied, Mr. J- will at least have a better chance of prevailing there than he would in Atlanta.
Indigenous Mayan from Guatemala Who Was Targeted on Account of His Success as a Businessman
During my second day, I met with an indigenous Mayan from Guatemala, Mr. S-. He holds a Master’s degree in Education, owned a restaurant back home, and was the minister at his local church. He had previously worked in agriculture pursuant to an H-2B visa in Iowa, and then returned to Guatemala when the visa expired to open his business.
He fled Guatemala earlier this year on account of his membership in a particular social group. One night after closing his restaurant, he was thrown off his motorcycle by several men who believes were part of a local gang. They beat him and threatened to kill him and his family if he did not give them a large sum of money. They specifically targeted Mr. S- because he was a successful businessman. They warned him not to go to the police or else they would find out and kill him. The client knew that the police would not protect him from this harm on account of his ethnic background as an indigenous Mayan. The day of the extortionists’ deadline to pay, Mr. S- didn’t have the money to pay them off, and was forced to flee or face a certain death.
Mr. S- has been in immigration detention since March. The day I met with him at the end of August was the first time he had been able to speak to an attorney.
Mr. S-’s prospects for success are uncertain. Even prior to the recent decision in Matter of A-B-, asylum claims based on the particular social group of “wealthy businessmen” were seldom granted. See, e.g., Lopez v. Sessions, 859 F.3d 464 (7th Cir. 2017); Dominguez-Pulido v. Lynch, 821 F.3d 837, 845 (7th Cir. 2016) (“wealth, standing alone, is not an immutable characteristic of a cognizable social group”); but see, Tapiero de Orejuela v. Gonzales, 423 F.3d 666 (7th Cir. 2005) (confirming that although wealth standing alone is not an immutable characteristic, the Respondent’s combined attributes of wealth, education status, and cattle rancher, satisfied the particular social group requirements). However, if Mr. S- can show that he was also targeted on account of his indigenous Mayan ancestry, he can perhaps also raise an asylum claim based on his ethnicity. The combination of his particular social group and ethnicity may be enough to entitle him to relief. See, e.g., Ordonez-Quino v. Holder, 760 F.3d 80, 90 (1st Cir. 2014) (Respondent demonstrated that his “Mayan Quiché identity was ‘at least one central reason’ why he” was persecuted).
As business immigration attorneys may also point out, if Mr. S- can somehow locate an employer in the US to sponsor him, he may be eligible for employment-based relief based on his Master’s degree, prior experience working in agriculture, and/or his business acumen on account of his successful restaurant management. Especially if Mr. S- is not released on bond and forced to adjudicate his claims in the Atlanta Immigration Court where asylum denial rates are high, his future attorney may also want to explore these unorthodox strategies.
Indigenous Mam-Speaking Guatemalan Persecuted on Account of His Race, Religion, and Particular Social Group
My third day, I met with Mr. G-, an indigenous Mam from Guatemala. Mr. G- is an incredibly devout Evangelical Christian and one of the purest souls I have ever met. He has resisted recruitment by rival gangs in his town and has been severely beaten because of his resistance. He says his belief in God and being a good person is why he has resisted recruitment. He did not want to be responsible for others’ suffering. The local gangs constantly assaulted Mr. G- due to his Mam heritage, his religion, and his resistance of them. He fled to the US to escape this persecution.
Mr. G- only speaks Mam, an ancient Mayan dialect. He does not speak Spanish. Because of this, he was unable to communicate with immigration officials about his credible fear of return to his country upon his initial arrival in November 2017. Fortunately, the USCIS asylum officer deferred Mr. G-’s credible fear interview until they could locate a Mam translator. However, one was never located, and he has been in immigration detention ever since.
August 29, 2018, nine months into his detention, was the first time he was able to speak to an attorney through an interpreter that spoke his language. Mr. G- was so out of the loop with what was going on, that he did not even know what the word “asylum” meant. For nine months, Mr. G- had to wait to find out what was going on and why he was in detention. My colleague, Jessica, and I, spoke with him for almost three hours. We could not provide him with satisfactory answers about whether SIFI would be able to take his case, and when or if he would be let out of detention. Given recent changes in the law, we couldn’t tell him if his asylum claim would ultimately prevail.
Mr. G- firmly stated that he will be killed if he was forced to go back to Guatemala. He said that if his asylum claim is denied, he will have to put his faith in God to protect him from what is a certain death. He said God is all he has.
Even without answers, this client thanked us until he was blue in the face. He said he did not have any money to pay us but wanted us to know how grateful he was for our help and that he would pray for us. Despite the fact that his life was hanging in the balance, he was more concerned about our time and expense helping him. He went on and on for several minutes about his gratitude. It was difficult for us to hold back tears.
Mr. G- is the reason asylum exists, but under our current framework, he will almost certainly be deported, especially if he cannot locate an attorney. Mr. G- has an arguable claim under Ordonez-Quino v. Holder, on account of his Mam heritage, and an arguable claim on account of his Evangelical Christianity, given that Mr. G-’s persecution was compounded by his visible Mam ethnicity and vocal Evangelical beliefs. His resistance to gang participation will be difficult to overcome, though, as the case law on the subject is primarily negative. See, e.g., Bueso-Avila v. Holder, 663 F.3d 934 (7th Cir. 2011) (finding insufficient evidence that MS-13 targeted Petitioner on account of his Christian beliefs, finding instead that the evidence supported the conclusion that the threats were based on his refusal to join the gang, which is not a protected ground). Mr. G-’s low prospects of success are particularly heart-wrenching. When we as a country fail to protect those seeking refuge from persecution, especially those fleeing religious persecution, we destroy the very ideals upon which this country was founded.
Twenty-Year Old Political Activist From Honduras, Assaulted by Military Police on Account of His Political Opinion
I also assisted in the drafting of a bond motion for a 20 year-old political activist from Honduras, Mr. O-, who had been severely beaten by the military police on account of his political opinion and activism.
Mr. O- was a prominent and vocal member of an opposition political group in Honduras. During the November 2017 Honduran presidential elections, Mr. O- assisted members of his community to travel to the polling stations. When election officials closed the polls too early, Mr. O- reached out to military police patrolling the area to demand that they re-open the polling stations so Hondurans could rightfully cast their votes. The military police became angry with Mr. O-’s insistence and began to beat him by stomping and kicking him, leaving him severely wounded. Mr. O- reported the incident to the police, but was told there was nothing they could do.
A few weeks later, Mr. O- was specifically targeted again by the military police when he was on his way home from a political meeting. The police pulled him from his car and began to beat him, accusing him of being a rioter. He was told to leave the country or else he would be killed. He was also warned that if he went to the national police, that he would be killed. Fearing for his life, Mr. O- fled to the US in April 2018 and has been in detention ever since.
SIFI was able to take on his bond case in August, and by the end of my trip, the SIFI team had submitted his request for bond. Since Mr. O-’s asylum claim is particularly strong, and because he has family in the US, it is highly likely that his bond will be granted. From there, we can only hope that he encounters an IJ that appropriately follows the law and will grant him asylum.”
(The author thanks Jessica Greenberg and Deirdre Stradone for their constant mentorship as well as providing the author the opportunity to go to Folkston. The author also thanks Lucia della Paolera for her advocacy, passion, and critical interpretation assistance. Finally, the author expresses the utmost gratitude to the team at SIFI, who work day in and day out to provide excellent representation to the detained migrants and asylum-seekers detained at Folkston ICE Processing Center.)
Photos from my trip to Folkston, GA:
The Folkston ICE Processing Center.
Downtown Folkston, GA.
Volunteers from Left to Right: Sophia Genovese (author), Deirdre Stradone (Staff Attorney at African Services Committee), Jessica Greenberg (Staff Attorney at ASC/ICLC), and Lucia della Paolera (volunteer interpreter).
Many thanks to the incomparable Dan Kowalski over at LexisNexis for forwarding this terrific and timely piece! These are the kinds of individuals that Jeff Sessions would like Immigration Judges to sentence to death or serious harm without Due Process and contrary to asylum and protection law.
As Sophia cogently points out, since the beginning of this Administration it has been private lawyers, most serving pro bono or “low bono,” who have been courageously fighting to uphold our Constitution and the rule of law from the cowardly scofflaw White Nationalist attacks by Trump, Sessions, Miller, Nielsen, and the rest of the outlaws. In a significant number of cases, the Article III Federal Courts have agreed and held the scofflaws at least legally (if not yet personally) accountable.
Like any bully, Sessions resents having to follow the law and having higher authorities tell him what to do. He has repeatedly made contemptuous, disingenuous legal arguments and presented factual misrepresentations in support of his lawless behavior and only grudgingly complied with court orders. He has disrespectfully and condescendingly lectured the courts about his authority and their limited role in assuring that the Constitution and the law are upheld. That’s why he loves lording it over the US Immigration Courts where he is simultaneously legislator, investigator, prosecutor, judge, jury, appellate court, and executioner in violation of common sense and all rules of legal ethics.
But, Sessions will be long gone before most of you new US Immigration Judges will be. He and his “go along to get along enablers” certainly will be condemned by history as the “21st Century Jim Crows.” Is that how you want to be remembered — as part of a White Nationalist movement that essentially is committed to intentional cruelty, undermining our Constitution, and disrespecting the legal and human rights and monumental contributions to our country of people of color and other vulnerable groups?
Every US Immigration Judge has a chance to stand up and be part of the solution rather than the problem. Do you have the courage to follow the law and the Constitution and to treat asylum applicants and other migrants fairly and impartially, giving asylum applicants the benefit of the doubt as intended by the framers of the Convention? Will you take the necessary time to carefully consider, research, deliberate, and explain each decision to get it right (whether or not it meets Sessions’s bogus “quota system”)? Will you properly factor in all of the difficulties and roadblocks intentionally thrown up by this Administration to disadvantage and improperly deter asylum seekers? Will you treat all individuals coming before you with dignity, kindness, patience, and respect regardless of the ultimate disposition of their cases. This is the “real stuff of genuine judging,” not just being an “employee.”
Or will you, as Sessions urges, treat migrants as “fish in a barrel” or “easy numbers,” unfairly denying their claims for refuge without ever giving them a real chance. Will you prejudge their claims and make false imputations of fraud, with no evidence, as he has? Will you give fair hearings and the granting of relief under our laws the same urgency that Sessions touts for churning out more removal orders. Will you resist Sessions’s disingenuous attempt to shift the blame for the existing mess in the Immigration Courts from himself, his predecessors, the DHS, and Congress, where it belongs, to the individuals and their attorneys coming before you in search of justice (and also, of course, to you for not working hard enough to deny more continuances, cut more corners, and churn out more rote removal orders)?
How will history judge you and your actions, humanity, compassion, understanding, scholarship, attention to detail, willingness to stand up for the rights of the unpopular, and values, in a time of existential crisis for our nation and our world?
Your choice. Choose wisely. Good luck. Do great things!