🇺🇸🗽🤯 HISTORY: 100 YEARS AGO, AMERICA TRIED, BUT ULTIMATELY FAILED, TO STAY “WHITE & PROTESTANT” WITH THE 1924 IMMIGRATION ACT — Many Were Hurt Or Died From This Bias In The Interim — Now Trump & The Nativist Right Want To Revive One Of The Worst Eras In U.S. History — Will Indifference & Ignorance From Dems & So-Called “Centrists” Let Them Get Away With Turning Back The Clock? ⏰☠️🤮 — Two Renowned Authors Offer A View Of A Biased, Deadly, & Ultimately Highly Counterproductive Past That Still Poisons Our Politics & Threatens Our Future As A Beacon Of Hope! — PLUS: Kowalski & Chase Take On The “False Scholars” 🤮 Who Disingenuously Attempt To “Glorify” Xenophobia & Racism!🤯

1924 Act — The 1924 Immigration Act vilified, dehumanized, and barred many of those immigrants who have made America great, like Italian Americans being demeaned in this cartoon. Yet, some descendants of those unfairly targeted appear oblivious to the mistakes of the past and willing to inflict the same immoral lies, harm, and suffering on today’s migrants.
IMAGE: Public Realm

Eduardo Porter writes in WashPost:

https://www.washingtonpost.com/opinions/interactive/2024/immigration-history-race-quota-progress/

“I think that we have sufficient stock in America now for us to shut the door.”

That sounds like Donald Trump, right? Maybe on one of his campaign stops? It certainly fits the mood of the country. This year, immigration became voters’ “most important problem” in Gallup polling for the first time since Central Americans flocked to the border in 2019. More than half of Americans perceive immigrants crossing the border illegally as a “critical threat.”

Yet the sentiment expressed above is almost exactly 100 years old. It was uttered by Sen. Ellison DuRant Smith, a South Carolina Democrat, on April 9, 1924. And it helped set the stage for a historic change in U.S. immigration law, which imposed strict national quotas for newcomers that would shape the United States’ ethnic makeup for decades to come.

. . . .

The renewed backlash against immigration has little to offer the American project, though. Closing the door to new Americans would be hardly desirable, a blow to one of the nation’s greatest sources of dynamism. Raw data confirms how immigrants are adding to the nation’s economic growth, even while helping keep a lid on inflation.

Anyway, that horse left the stable. The United States is full of immigrants from, in Trump’s memorable words, “s—hole countries.” The project to set this in reverse is a fool’s errand. The 1924 Johnson-Reed immigration law might have succeeded in curtailing immigration. But the restrictions did not hold. From Presidents Johnson to Trump, efforts to circle the wagons around some ancestral White American identity failed.

We are extremely lucky it did. Contra Sen. Ellison DuRant Smith’s 100-year old prescriptions, the nation owes what greatness it has to the many different women and men it has drawn from around the world to build their futures. This requires a different conversation — one that doesn’t feature mass expulsions and concentration camps but focuses on constructing a new shared American identity that fits everyone, including the many more immigrants who will arrive from the Global South for years to come.

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

Gordon F. Sander, journalist and historian, also writes in WashPost, perhaps somewhat less optimistically, but with the same historical truth in the face of current political lies and gross misrepresentations:

https://www.washingtonpost.com/history/2024/05/24/johnson-reed-act-immigration-quotas-trump/

. . . .

Johnson and Reed were in a triumphant mood on the eve of their bill’s enactment. “America of the melting pot will no longer be necessary,” Reed wrote in the Times. He remarked on the new law’s impact: “It will mean a more homogenous nation, more self-reliant, more independent and more closely knit by common properties and common faith.”

The law immediately had its intended effect. In 1921, more than 200,000 Italians arrived at Ellis Island. In 1925, following the bill’s enactment, barely 6,000 Italians were permitted entry.

But there were less intended consequences, too, including on U.S. foreign relations. Although Reed insisted there was nothing personal about the act’s exclusion of Japanese people, the Japanese government took strong exception, leading to an increase in tensions between the two countries. There were riots in Tokyo. The road to Pearl Harbor was laid.

During the 1930s, after the eugenics-driven Nazis seized control of Germany, the quotas established by the act helped close the door to European Jews and others fleeing fascism.

At the same time, the law also inspired a small but determined group of opponents led by Rep. Emanuel Celler (D-N.Y.), who were committed to overturning it. Celler’s half-century-long campaign finally paid off in 1965 at the Statue of Liberty when, as Celler looked on, President Lyndon B. Johnson signed the Immigration and Nationality Act, which ended national origin quotas.

But with anti-immigration sentiment on the rise and quotas once again on the table, it’s clear that a century after its enactment, the ghost of Johnson-Reed isn’t completely gone.

Gordon F. Sander is a journalist and historian based in Riga, Latvia. He is the author of “The Frank Family That Survived: A 20th Century Odyssey” and other books

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

Many thanks to my friend and immigration maven Deb Sanders for alerting me to the Sander article. I strongly urge everyone to read both pieces at the links above.

Perhaps the most poignant comment I’ve received about these articles is from American educator, expert, author, and “practical scholar” Susan Gzesh:

And because of the 1924 Act, my grandparents lost dozens of their siblings, parents, aunts, uncles, nieces, and nephews to the Holocaust in the 1940s because Eastern European Jewish immigration to the US had been cut off. They would have been capable of sponsoring more family to come to the US in the late 1920s and 30s, but there was no quota for them.

I have no words to describe my feelings about so-called experts who would praise the 1924 Act. I know that Asian Americans must feel similarly to my sentiments.

Well said, Susan!

Susan Gzesh
American scholar, educator, expert, author
PHOTO: U. Of Chicago

I’ll leave it at that, for you to ponder the next time you hear Trump, DeSantis, Abbott, and the like fear-monger about the bogus “invasion,” spout “replacement theory,” and extoll the virtues of extralegal cruelties and dehumanization inflicted upon “the other” — typically the most vulnerable who are seeking our legal protection and appealing to our senses of justice and human dignity! And, also you can consider this when the so called “mainstream media” pander to these lies by uncritically presenting them as “the other side,” thereby echoing “alternative facts!”

It’s also worth remembering this when you hear Biden, Harris, Schumer, Murphy, and other weak-kneed Dem politicos who should know better adopt Trumpist White Nationalist proposals and falsely present them as “realistic compromises” — as opposed to what they really are — tragic acts of political and moral cowardice!

Eventually, as both of the above articles point out, America largely persevered and prospered over its demons of racism, anti-Catholicism, and anti-immigrant nationalism. But, it would be wrong to view this “long arc” analysis as “zeroing out” the sins and horrors of our past.

Susan Gzesh’s relatives died, some horribly and painfully, before their time. That can’t be changed by future progress. Nor can the children they might have had or the achievements they never got to make to our nation and the world be resurrected.

As Susan mentions, the 1924 Act also reinforced long-standing racism and xenophobia against Asian Americans that led to the irreversible harm inflicted by the internment of Japanese American citizens, continuing Chinese Exclusion, and a host of state laws targeting the Asian population and making their lives miserable. Belated recognition of the wrongfulness and immorality of these reprehensible laws and actions does nothing for their past victims.

Many Irish, Italian, and other Catholics and their cherished institutions died, lost property, or were permanently displaced by widespread anti-Catholic riots brought on and fanned by the very type of biased and ignorant thinking that undergirded Johnson-Reed. They can’t be brought back to life and their property restored just by a “magic wave of the historical wand.”

U.S. citizens of Mexican-American heritage were deported and dispossessed, some from property their ancestors had owned long before there was even a United States. Apologizing to their descendants and acknowledging our mistakes as a nation won’t eliminate the injustices done them — ones that they took to their graves!

Despite the “lessons of the Holocaust,” America continues to struggle with anti-Semitism and anti-Islamic phobias and indifference to human suffering beyond our borders.

And, of course, the poisonous adverse impacts of slavery on our nation and our African-American compatriots continue to haunt and influence us despite disingenuous claims to the contrary.

Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

My friends immigration experts Dan Kowalski and Hon. Jeffrey Chase also had some “choice words” for the “false scholars” who extol the fabricated “benefits” of White Nationalism and racism embodied in “laws” that contravened the very meaning of “with liberty and justice for all” — something to reflect upon this Memorial Day. See https://dankowalski.substack.com/p/true-colors.

That prompted this response from Susan:

Susan Gzesh

11 hrs ago

Thank you, Dan! In memory of my Gzesh, Wolfson, Kronenberg, and Kissilove relatives who were victims of the Holocaust – after their U.S.-based relatives failed to get visas for them.

I also recently weighed in on the horrors of the 1924 Act in a recent article by Felipe De La Hoz, published in The New Republic: https://immigrationcourtside.com/2024/05/02/🏴☠%EF%B8%8F🤯🤮-a-century-of-progress-arrested-the-1924-immigration-act-rears-its-ugly-nativist-head-again-felipe-de-la-hoz-in-the-new-repub/.

Heed the lessons of history, enshrine tolerance, honor diversity, and “improve on past performance!” We have a choice as to whether or not to repeat the mistakes of the past — to regress to a darker age or move forward to a brighter future for all! Make the right one!

🇺🇸 Due Process Forever!

PWS

05-27-24

👎🏼 EOIR’S 3-DECADE QUEST TO DENY PROTECTION TO COPTIC CHRISTIAN ENDS BADLY IN 3RD CIR. — BIA Applies “Overly Rigorous Standard” & Fails To Recognize A Prima Facie Case For Asylum In Latest Blow To DOJ’s “Asylum Wrecking Crew!” 🏴‍☠️

Four Horsemen — BIA Asylum Panel In Action — Asylum experts and advocates question the wisdom of the BIA’s “take no prisoners” approach to asylum!
Albrecht Dürer, Public domain, via Wikimedia Commons

https://www2.ca3.uscourts.gov/opinarch/212957np.pdf

Gebra v. A.G., 3d Cir, 07-19-23, unpublished (unfortunately)

PANEL: AMBRO, RESTREPO, FUENTES, Circuit Judges

OPINION: JUDGE RESTRO

KEY QUOTE:

i. The BIA applied an overly rigorous standard to the new evidence.

Gebra argues that the BIA applied an “overly rigorous standard” when analyzing the new evidence presented when determining whether he established a new claim. Pet’r Br. 44 (citing Tilija v. U.S. Att’y Gen., 930 F.3d 165 (3d Cir. 2019)). In Tilija, we held that unless the new evidence is inherently unbelievable, it must be taken as true. 930 F.3d at 172; see also Shardar, 503 F.3d at 313 (“Facts presented in the motion to reopen

are ‘accepted as true unless inherently unbelievable.’”) (cleaned up). If the BIA fails to accept new evidence as true, then it applies an “overly rigorous standard.” Tilija, 930 F.3d at 172. Furthermore, not accepting such evidence as true is an abuse of discretion if the petitioner would have established a prima facie case for eligibility with the rejected evidence. Id. (citing Shardar, 503 F.3d at 313).

Here, the BIA did not find that the new evidence was inherently unbelievable but nevertheless refused to accept new evidence, such as Gebra’s medical report after the 2009 attack, as “persuasive” or true because it “provide[d] little specificity or detail with respect to the alleged attack.” JA4; cf. Tilija; 930 F.3d at 172 (finding that where the BIA asked for “more details” and questioned the veracity of the evidence, it impermissibly failed to accept the evidence as true). By requesting that the medical record, on its own,

corroborate that the injuries were caused by “Islamic fanatics,” the BIA imposed an

overly rigorous standard. JA4; Tilija, 930 F.3d at 172. Similarly, the BIA’s conclusion that the report from the Egyptian Union of Human Rights Organization (“EUHRO”) pro- vides “no details” with respect to when, where, how, nor “any other details surrounding the circumstances of the alleged incident,” was an abuse of discretion. JA4; Tilija, 930

11

F.3d at 172. The BIA treated the new evidence with the same “overly vigorous standard” that it applied to the new translation of the 1993 police report that was previously dis- credited.

Having concluded that the BIA held Gebra to an excessively rigorous standard, we next determine whether Gebra established a prima facie case for asylum.

ii. Gebra’s new evidence established a prima facie case for asylum.

Gebra’s new evidence, accepted as true, establishes a prima facie case for asylum. A motion to reopen an asylum case must establish prima facie eligibility for relief. Se- voian v. Ashcroft, 290 F.3d 166, 173, 170–71 (3d Cir. 2002). This standard requires an applicant to produce objective evidence that shows a “reasonable likelihood” that they can establish eligibility for relief. Id. at 173. In this context, to “establish” means that the evidence in favor of asylum outweighs the evidence against. Guo v. Ashcroft, 386 F.3d 556, 564 (3d Cir. 2004), as amended (Dec. 3, 2004). A “reasonable likelihood” merely means showing a realistic chance that the applicant can later establish that asylum should be granted. Id. Prima facie “would lack meaning” if it required that evidence submitted at the prima facie stage conclusively establish eligibility for asylum. Id. Thus, Gebra need only provide objective evidence that shows a reasonable likelihood that he is

entitled to asylum relief. Tilija, 930 F.3d at 172. Specifically, Gebra would need to

demonstrate that he suffered past persecution, or has a well-founded fear of future perse- cution, on account of his religious beliefs. 8 U.S.C. § 1158(b)(1)(B) (enumerating reli- gion as a protected ground).

12

Here, Gebra provided objective evidence in the form of medical records and hu- man rights reports regarding his 2009 attack. For example, a December 8, 2009, medical report from Victoria Hospital in Egypt corroborates the statement in his affirmation that, due to the attack, he was “wounded and sent into the Victoria Hospital due to multiple contusions and dermal bleeding on [his] back and different parts of [his] body.” JA167, 175; see Doe v. U.S. Att’y Gen., 956 F.3d 135, 145 (3d Cir. 2020) (holding that a single

beating, “if sufficiently egregious,” may constitute persecution, such as where petitioner was beaten by a mob, causing him to bleed and suffer injuries to his head and back). Ge- bra also included medical reports of the psychological trauma he experienced and therapy sessions he attended as a result of the attacks. Doe, 956 F.3d at 145–46 (“Persecution may be emotional or psychological, as well as physical.”) (citation omitted). Further- more, the December 30, 2009, report from EUHRO stated that they independently “veri- fied” Gebra was “attacked by some [Islamic] fanatics” who thought Gebra was behind demonstrations for the rights of Coptic Christians due to his work as a cameraman for Fa- ther Zacharia Botros, a Coptic Christian priest known for critiquing Islam. JA173.

Taken together, this evidence demonstrates a reasonable likelihood that Gebra could es- tablish he was persecuted due to his religious beliefs.

In sum, the BIA abused its discretion when it did not accept Gebra’s evidence ask true and concluded that he did not establish a new claim for asylum in his third motion to reopen.

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

Let’s apply a tiny bit of common sense here, in contravention of the BIA’s current practices. How likely is it that a guy would pursue asylum claims for 30 years, even after being denied, deported, and actually persecuted in Egypt upon return, if there weren’t some merit in the claim? At least enough to earn him a new hearing! It’s not rocket science to know that Coptic Christians often face persecution in Egypt! Was it really wise to push this clearly flawed (one could say “scofflaw”) denial all the way to the Circuit, thus wasting even more time and further undermining the BIA’s credibility? What are they thinking at Garland’s DOJ?

Think what efficiencies, not to mention due process and fundamental fairness, a BIA of well-qualified judges who were actual experts in asylum law — focused on legal protection, not specious rejection — could bring to our broken asylum system! Why not give due process and justice a chance at DOJ?

🇺🇸 Due Process Forever!

PWS

07-21-23

🇺🇸 BLACK HISTORY: In 1838, The Jesuits Of Georgetown University “Saved” Their School By Literally Selling Their Enslaved African-American Workers “Down The River” (In This Case, Down The Mississippi To Louisiana)! — That Fateful Decision Reverberates Today!

Slavery & Jefferson — Slavery, its wonton cruelty, negative impact on America, and the stories of the enslaved African Americans who persevered can’t ultimately be “swept under the carpet” by GOP white nationalists.
IMAGE: Public realm

https://www.nytimes.com/2023/06/28/books/review/the-272-rachel-swarns.html?smid=nytcore-ios-share&referringSource=articleShare

David W. Blight reviews Rachel Swarns’s new book “The 272” For The NYT:

. . . .

“The 272,” Rachel L. Swarns’s deeply researched and revelatory new book, is the story of the remarkable Mahoney clan and how their lives, nearly a century and a half after Ann Joice’s, intersected with those of Mulledy, McSherry and the Jesuits in one of American slavery’s most withering tragedies. “The 272” is a fascinating meditation on the meaning of slavery and of people converted to property and commodities — assets of wealth and objects of sale. It’s a book that journeys to slavery’s heart of darkness: to the separation of families, the terror of being sold into the vast unknown and of bodies transformed into profits and investments. But it is also the moving human story of some of the people who endured and survived this ordeal, and who have long awaited rediscovery.

Swarns, a contributing writer for The New York Times and a professor of journalism at N.Y.U., is an African American Catholic who was raised on Staten Island. Beginning with an article in The Times in 2016, she revealed the story of the Jesuits as slaveholders and traders, leading to a stunning reckoning by Georgetown University with its past as well as one within the Jesuit order itself. Swarns writes with a keen eye and distinctive voice both about her Black subjects and about the hypocrisy and brutality of their onetime owners. The Jesuits were no monolith of greed and evil, however; Swarns sustains empathy for some who tried, largely unsuccessfully, to protect the enslaved people they had known so closely from the agony of sale that looms over this story.

. . . .

What comes through most effectively is the sorrow and the determination to survive of the enslaved people whom Swarns brings to light through her sleuthing and resonant prose. (Of Ann Joice, Swarns writes, “She would have no wealth, no land and no savings to leave her family, but she still had her story. … The story would be her legacy.”) Swarns also underscores the importance of Georgetown’s ongoing efforts at serious reparations for the deeds of its early leaders. An independent nonprofit, the Georgetown Memory Project, has identified around 6,000 living descendants of the original 272. In turn, the university has offered descendants formal “legacy” status for admission, sought atonement through a highly publicized apology and created a fund that would dedicate $400,000 a year to community projects, including support for health clinics and schools, likely to benefit descendants. Leaders of the Jesuit conference of priests have also vowed to establish a $100 million trust to benefit descendants and promote racial reconciliation.

No single work of history can remedy the vexing issue of repair for slavery in America, but “The 272” advances the conversation and challenges the collective conscience; without knowing this history in its complexity we are left with only raw, uncharted memory.

David W. Blight is the author of the Pulitzer Prize-winning “Frederick Douglass: Prophet of Freedom” and the forthcoming “Yale and Slavery: A History.”

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

Read Blight’s full review at the above link.

This is the kind of important, often intentionally buried, history that GOP white nationalists like DeSantis, Trump, and others don’t want read and honestly discussed. But, as with most artificially suppressed works, the truth will out! There are just too many people speaking it these days for even the neo-fascist censors to silence them all.

It also illuminates the heretofore unknown and unheralded stories of enslaved African-Americans like Ann Joice who, against the odds, persevered in a grotesquely unjust and horrible system so that future generations could have a chance at a better life. These are are among the real heroes of American history who helped make our country what it is today. Their stories deserve to be told and studied.

Full disclosure: I am an Adjunct Professor of Law at Georgetown University Law School.

🇺🇸 Due Process Forever!

PWS

07-09-23

😎⚖️🗽 REAL LEADERSHIP SPEAKS: “[T]he promises that nations made after World War II to respect the dignity and rights of those who are fleeing have been eroded and now, on a practical level, forgotten,” says Anna M. Gallagher, Executive Director of Catholic Legal Immigraton Network (“CLINIC”)!

Anna Marie Gallagher, Esquire
Executive Director
CLINIC
PHOTO: CLINIC website

Executive Director Opening Plenary Remarks CLINIC Convening 2023
May 17, 2023

Good afternoon, dear friends. My name is Anna Gallagher and I have the honor of leading CLINIC as executive director. It is such a pleasure to be here with you all as we officially begin our first in-person Convening since 2019.

Looking out at the sea of faces in front of me, I am filled with gratitude to finally be able to come together to engage with one another, to listen, learn and gather strength for the work ahead in support of our immigrant brothers and sisters.

Even just being in your presence I feel a sense of renewed hope and energy. I am so looking forward to the next few days, and I am certain that you will be reignited to take on the important work ahead.

In a moment I will welcome our wonderful panel of Affiliate experts, but right now I want to take a moment to recognize this moment we’re facing and my hopes for this year’s CLINIC Convening.

You all, of all people, know that immigrant communities are facing truly unprecedented challenges – and I do not use that word, unprecedented, lightly.

With the lifting of Title 42, and the camps of men, women and children along the border desperate to find welcome on the other side; the proposed USCIS fee increases which threaten to put immigration benefits out of reach for many; the newly announced delays for foreign-born religious workers and special immigrant juveniles; and, perhaps above all, our warming planet and the outbreaks of violence which force many more people to migrate around the world – these are extremely challenging times for migrants in our country and around the world.

Several months ago, the New York Times featured an op-ed that has stuck with me, entitled, “The Rich World Has a Shockingly High Tolerance for Cruelty.”

It was about how rich nations are more willing than ever to let migrants languish at their borders in sub-human conditions rather than create safe pathways for migration or address the conditions causing people to flee.

It was about how the promises that nations made after World War II to respect the dignity and rights of those who are fleeing have been eroded and now, on a practical level, forgotten.

When I read this article, in my mind I was transported back to the time I spent in North Africa several years ago, working with migrants as a representative of Jesuit Refugee Services.

1

I interviewed migrants who had traveled for 18 months or more to try and find safety in these countries bordering Europe. I got to know some of the migrants, who called me “grandma” – a term of endearment, as my hair was grey.

While I was talking to some of them, they showed me their hands, which were scarred with wounds. When I asked them what happened, they said their hands were repeatedly pierced while climbing barbed wire to get through to safety.

Hearing this, my heart broke – as it has many times over the years.

The idea that we are using barbed wire to keep out our fellow human beings is inconceivable, yet true. Our immigrant brothers and sisters stand at our gates, begging for our aid, and we build barbed wire fences that pierce their hands.

Many wealthy nations are founded on a concept of all human beings being equal in dignity, but we do not act like it.

As we gather in Arizona, I know we are all mindful that these kinds of camps that the op-ed author is speaking of are just several hours away on the border. We also know that immigrant communities’ dignity is denied not only in these camps, but all over the country in the various places we’ve come from.

We must be clear, this is not an “other side of the world problem,” it is our problem. It affects all of us, in our integrity as people of faith and conscience, and as a reflection of our society.

And yet today, as I recall that New York Times op-ed, and the sense of frustration and despair I felt while reading it, I feel a surge of hope.

I want you to look around the room. Look at your neighbor to your left and right. YOU are the hope that fills my heart, and YOU are the hope that reignites me in our work.

As we gather here today, I am in a room full of people who DO act like all human beings are equal. Those who spend their precious time – often too much of their time, working long hours – trying to advance the truth that every person is precious, valuable, and deserving of a safe and dignified life.

That’s why being in your presence gives me such hope. I am reminded that the CLINIC network is full of holy people.

That is why our gathering here together, and throughout this week, is so powerful: we are, to borrow the words of Bishop Seitz of El Paso, working to be a “creative counterexample” to the culture of fear and hostility, to be a network that is slowly creating a new culture of solidarity and hospitality.

At CLINIC, we also are bolstered by our faith that we do not do this hard work alone. The spirit of God is inspiring us and pushing us forward, giving us strength and magnifying our efforts, especially when we are overwhelmed by the need in front of us.

2

Our faith also acts as a mirror for us, forcing us to keep evaluating whether we are truly reflecting the gospel truth of God’s concern for all people.

To maintain this faith, and to maintain the energy to be this creative counterexample, we need one another. Our network is sustained through the support, advice, and solidarity we demonstrate to one another.

Throughout the next few days, we will take the time to step back, to reflect on our work and learn and share new strategies, information, and tips for the very practical day-to-day work of supporting immigrant clients and communities.

We know that this practical work – the forms, the bureaucracy, the nitty-gritty details – changes and saves lives. So how well we can do it matters, which is why we gather to learn and grow.

We also gather to enjoy one another – to laugh, share stories, and reconnect with beloved colleagues and friends.

So I also hope that over the next few days you will have some fun!

Thank you for coming here to CLINIC Convening and for your dedication to this work. I am so honored to be alongside all of you this week, and all days.

Now, I am pleased to introduce our panelists for our opening plenary, Preparing for the Lifting of Title 42: Key Insights from our Network. When we decided on “reunited and reignited” for our theme this year, we knew we wanted to do something different for our opening conversation.

This “Network Fireside Chat” will be an opportunity to highlight the work done by our network throughout the United States. During this conversation, you’ll hear how Affiliates in three distinct geographical regions are rising to meet the needs of our immigrant and refugee brothers and sisters – especially during this increased time of uncertainty.

From the Border region, Joel Enriquez-Cazarez will share about the work of Jewish Family Service of San Diego.

As a transit city, Carolina Rivera will share how Catholic Charities of Dallas assists our immigrant brothers and sisters.

And Yer Vang from Catholic Charities Archdiocese of Dubuque will give an interior city perspective of welcome.

Now please join me in welcoming our keynote panelists to the stage…

3

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

Thanks, my friend, for a lifetime of service to due process, fundamental fairness, and social justice, and for speaking out as the “powers that be” and the “powers that wannabe” go into cowardly retreat and hide in fear from the needs and rights of humanity!

🇺🇸 Due Process Forever!

PWS

05-24-23

🇺🇸⚖️🗽😎👍🏼 SPEAKING OUT FOR TODAY’S IMMIGRANTS: “[T]he ‘us’ we see used to be one of ‘them.’ We were a gift to this country and they will be too,” says Francesco Isgro, President & CEO of Casa Italiana Sociocultural Center, Inc., & Editor-in-Chief of Voce Italia! 😎

Francesco Isgro, Esquire
President & CEO of Casa Italiana Sociocultural Center, Inc.
Editor-in-Chief,
Voce Italiana
PHOTO: Linkedin

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

Thanks for speaking out so forcefully and articulately for some of the most vulnerable among us, Francesco, my long-time friend and former DOJ colleague! Your own continuing distinguished career in both the public and now private/NGO sectors is a testament to the irreplaceable contributions of generations of immigrants to our great nation!

I’m proud to say that Francesco started as a legal intern in the “Legacy INS” Office of General Counsel during my tenure as Deputy General Counsel. He was then selected to become a INS Trial Attorney (now known as ICE Assistant Chief Counsel) under the Attorney General’s Honors Program. He eventually went on to a stellar career as a Senior Litigator, editor, and “hands on” educator at the Office of Immigration Litigation (“OIL”) in the DOJ’s Civil Division.

I specifically remember two of Francesco’s innovative contributions while in the INS OGC: collecting, indexing, and publishing the legal opinions of the General Counsel (and Deputy General Counsel); and creating a Law Bulletin that our office could use to inform the scores of field attorneys nationwide under our supervision and direction. This later led to vastly improved attorney training programs developed by OGC Counsel Craig Raynsford, assisted by Fran Mooney (who later went on to become the Public Information Officer for EOIR while I was BIA Chair).

I remember being a guest lecturer in Francesco’s immigration class while he was teaching at Georgetown Law. He also went on to found and become Editor-in-Chief of OIL’s Immigration Litigation Bulletin, a highly-respected internal source of information and guidance for USG attorneys involved in immigration.

My experiences on the bench during 13 years at the (now “legacy’) Arlington Immigration Court mirrored Francesco’s observations. Those whom we were able to help regularize their status under the law were overwhelmingly hard-working individuals making important contributions got our nation and our economy. Many had been doing it for years, sometimes even decades, and had USC children and even grandchildren who were “living proof” of the contributions of families who are given a chance to succeed.

Often, the “next generations” were present in court. I both congratulated them and asked them never to forget and appreciate the risks and hardships their parents had undertaken so that they could fulfill their complete promise in a free society! “Building America, one case at a time,” as I used to quip to the attorneys involved on both sides.

Francesco’s “Christian social justice message,” and his references to Pope Francis and the history of U.S. immigration also harken to a message I heard recently from Villanova University President Rev. Peter Donohue and Professor Michele Pistone during a recent educational event at Villanova Law. In his remarks, Rev. Donahue traced the founding of Villanova University to the response of Augustinian Friars to the burning of St. Augustine’s Church in downtown Philly during the Nativist Riots of 1844!

Professor Pistone credited Christian social justice teaching and the inspiration of Pope Francis for contributing to her success at the Villanova Immigration Clinic as well as the founding of the VIISTA Villanova Program to provide more well-qualified non-attorney accredited representatives to serve those in immigration proceedings. The VIISTA graduates whom I met and worked with on litigation skills over the two day seminar/celebration were totally impressive and dedicated.

Thanks again Francesco, for writing this inspiring piece setting forth fundamental truth about American immigration! That some in America shamefully and stubbornly refuse to recognize this truth doesn’t make it any less true, nor does it lessen the necessity to act upon it in moving our nation and our world forward toward a better future.

🇺🇸 Due Process Forever!

PWS

05-10-23

🇺🇸 NATIVISTS’ SPITE STUNT CREATES OPPORTUNITY FOR AMERICAN HUMANITARIANS TO SHINE!🗽😎 As Biden Administration Bumbles & Fumbles On Resettlement, NGOs Step Up To Save The Day!

Theresa Vargas @ WashPost:

https://www.washingtonpost.com/dc-md-va/2023/04/15/migrant-buses-year-later/

A year after Texas sent the first buses, this is clear: From a political stunt grew a network that now coordinates welcoming efforts across state lines

. . . .

When Abbot announced that he was sending the buses, many people across the country saw it for what it was: a political stunt. In a statement at the time, Abbot criticized the Biden administration as turning “a blind eye to the border crisis” and said, “Texas should not have to bear the burden of the Biden administration’s failure to secure our border.”

We can debate Abbot’s actions, and some of us undoubtedly will see a show of strength where others of us see a show of cruelty, but what is not debatable is what happened after those buses started arriving. People stepped up. From a political stunt grew a network of dedicated community members in D.C., New York and elsewhere who now coordinate across state lines to help migrants.

“What started it was no one else was going to do it,” said Madhvi Bahl, an organizer with the Migrant Solidarity Mutual Aid Network, a group of community members and organizations in the D.C. region dedicated to welcoming migrants. She said that because the city didn’t get involved until months after the buses started arriving, volunteers were on their own to greet arrivals, collect supplies and raise money to provide temporary housing.

. . . .

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

Read Theresa’s complete article at the link.

Once again, the Biden Administration failed to take leadership and to plan for the obvious. Some have suggested that leaving asylum seekers to be political pawns for GOP nativist governors was part of the Administration’s cruel and inept “border deterrence program” which they have substituted for competently administering asylum laws.

Not for the first time, NGOs and advocates have been left to pick up the pieces from the Administration’s failed immigration policies. Fortunately, these NGOs are more talented, creative, and motivated than Administration politicos and bureaucrats.

Along the same lines as Theresa’s article, my friend and NDPA stalwart Rev. Craig Mousin reports similar successful responses in Chicago:

I forgot to add one more item of good news that your talk suggested. You mention the nativist driven bus rides from Arizona, Florida, and Texas. We have had something remarkable happen in Chicago. A group of five or six faith-based individuals and NGOS had been meeting prior to the bus trips to try and find housing for asylum-seekers. That group, the Chicago Sanctuary Working Group (SWG) meets weekly. It remains an informal group, but it now includes over 30 organizations and individuals. It has found private housing for over 100 families or individuals along with case management for the social service needs while attempting to link them to attorneys from NIJC, CLINIC, other Chicago based groups as well in some cases helping to find funding to pay low bono AILA attorneys. Housing has included individual families welcoming asylum-seekers into their homes for varied amounts of time, some temporary financial support, and some churches opening their doors. In addition, it has received a grant and now rents a building housing about 15 families along with in premise social workers. The national United Church of Christ gave it a small grant and they are hosting a Chicago-area breakfast on May 3 to encourage more congregations to open their doors or recruit individual families to offer asylum-seekers a room in their homes. Almost completely volunteer-driven, it has been an amazing response to this difficult problem. Full disclosure, my wife is on the steering committee, but the stories have been inspirational as a citizen-driven response to bad federal and state policies.

Think what could be accomplished with better Federal leadership and coordination! Why can’t the Biden Administration get its act together on social justice?

🇺🇸 Due Process Forever!

PWS

04-18-23

📡📻 LISTEN TO MY INTERVIEW ON “TOP OF MIND WITH JULIE ROSE” NOW STREAMING ON SXM 143 & OTHER PLATFORMS: “S3 E5 Does the U.S. Have a Moral Obligation to Asylum Seekers?” — Link Here!

http://www.byuradio.org/topofmind

People all around the world look to the United States as a land of opportunity and safety. Every month, tens of thousands of people arrive at US border checkpoints and ask to be granted asylum. Over the last decade, the number of people showing up at the southern U.S. border seeking protection has increased five-fold to more than 200,000 every month. That huge increase has so overwhelmed the system that getting a final answer often takes years. There is bipartisan agreement that the asylum system is broken. How we fix the backlog, though, depends a lot on how we answer the question at the heart of today’s podcast episode: what is our obligation to asylum seekers? Are we responsible for taking these individuals in? We’ll be hearing from two previous asylum seekers about the challenges of seeking asylum in the United States, a writer who had an eye-opening experience learning how America’s asylum process differs from other countries, and two former immigration judges with differing perspectives on how we should implement asylum law in the United States. As we hear each of these perspectives, we’ll consider this question: what do we owe people who are no longer safe or able to prosper in the countries where they happen to have been born?

Podcast Guests: Razak Iyal, sought asylum in the U.S. in 2013, granted asylum in Canada in 2017 Joe Meno, Author of “Between Everything and Nothing: The Journey of Seidu Mohammed and Razak Iyal and the Quest for Asylum” Makaya Revell, CEO of Peace Promise Consulting, granted U.S. asylum in 2022 Andrew Arthur, resident fellow in law and policy at the Center for Immigration Studies, former immigration judge 2006-2014 (York, Pennsylvania) Paul Wickham Schmidt, adjunct professor of law at Georgetown University, former immigration judge 2003-2016 (Arlington, Virginia) **This episode is part of Season 3 on Top of Mind: Finding Fairness. From health and immigration to prisons and pot, how can we get more peace and prosperity for all?

Related Links

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

🇺🇸 Due Process Forever!

PWS

04-17-23

😴NQRFPT: After A Year Of “Blowing Off” Recs Of Progressive Experts, Garland’s Dysfunctional Courts Appear Shockingly Unprepared To Handle Influx Of Kids!🆘 — Mike LaSusa Reports for Law360 Quoting Me, Among Others!

NQRFPT = “Not Quite Ready For Prime Time” — Unfortunately, it’s a more than apt descriptor for the Biden Administration’s overall inept and tone-deaf approach to due process and immigrants’ rights in the beyond dysfunctional and unjust “Immigration Courts” under EOIR @ Garalnd’s DOJ.

Mike LaSusa
Legal and Natioanl Security Reporter
Law369
PHOTO: Twitter

Influx Of Solo Kids Poses Challenge For Immigration Courts

By Mike LaSusa

Law360 (March 31, 2022, 2:44 PM EDT) — Unaccompanied minors arriving in increasing numbers at the southern U.S. border are likely to face a tough time finding legal representation and navigating an overwhelmed immigration court system that has no special procedures for handling their cases.

The number of unaccompanied children encountered by U.S. Customs and Border Protection has risen sharply over the past year, to an average of more than 10,000 per month, according to CBP data. Those kids’ cases often end up in immigration court, where they are subject to the exact same treatment as adults, no matter their age.

“Nobody really thought of this when the laws were enacted,” said retired Immigration Judge Paul Wickham Schmidt, now an adjunct professor at Georgetown Law. “Everything dealing with kids is kind of an add-on,” he said, referring to special dockets for minors and other initiatives that aren’t expressly laid out in the law but have been tried in various courts over the years.

About a third of the immigration court cases started since October involve people under 18, and of those people, 40% are 4 or under, according to recent statistics from the U.S. Department of Justice’s Executive Office for Immigration Review, which operates the courts.

It’s unclear how many of those cases involve unaccompanied children and how many involve kids with adult relatives, and it’s hard to make historical comparisons because of changes in how the EOIR has tracked data on kids’ cases over the years.

But kids’ cases are indeed making up an increasing share of immigration court dockets, according to Jennifer Podkul, vice president of policy and advocacy for Kids in Need of Defense, or KIND, one of the main providers of legal services for migrant kids in the U.S.

“The cases are taking a lot longer because the backlog has increased so much,” Podkul said. Amid the crush of cases, attorneys can be hard to find.

. . . .

The immigration courts should consider “getting some real juvenile judges who actually understand asylum law and have real special training, not just a few hours of canned training, to deal with kids,” said Schmidt, the former immigration judge.

. . . .

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

Those with Law360 access can read Mike’s complete article at the link.

For what seems to be the millionth time with Garland, it’s not “rocket science.”🚀 He should have brought in Jen Podkul, her “boss,” Wendy Young of KIND, or a similar qualified leader from outside Government, to kick tail, roll some heads, clean out the deadwood, and set up a “Juvenile Division” of the Immigration Court staffed with well-qualified “real” judges, experts in asylum law, SIJ status, U & T visas, PD, and due process for vulnerable populations.

Such judicial talent is out there. But, that’s the problem with Garland! The judicial and leadership talent remain largely “out there” while lesser qualified individuals continue to botch cases and screw up the justice system on a regular basis! Actions have consequences; so do inactions and failure to act decisively and courageously.

And, of course, Garland should have replaced the BIA with real judges — progressive practical scholars who wouldn’t tolerate some of the garbage inflicted on kids by the current out of control, undisciplined, “enforcement biased,” anti-immigrant EOIR system.

Instead, Garland employs Miller “restrictionist enforcement guru” Tracy Short as his “Chief Immigration Judge” and another “Miller holdover” David Wetmore as BIA Chair. No immigration expert in America would deem either of these guys capable or qualified to insure due process for kids (or, for that matter anyone else) in Immgration Court.

Yet, more than a year into the Biden Administration, there they are! It’s almost as if Stephen Miller just moved over to DOJ to join his buddy Gene Hamilton in abusing immigrants in Immigration Court. (Technically, Hamilton is gone, but it would be hard to tell from the way Garland and his equally tone-deaf lieutenants have messed up EOIR. Currently, he and Miller are officers of “America First Legal” a neo-fascist group engaged in “aiming to reinstate Trump-era policies that bar unaccompanied migrant children from entering the United States,” according to Wikipedia.)

Meanwhile, the folks with the expertise to solve problems and get the Immigration Courts back on track, like Jen & Wendy, are giving interviews and trying to fix Garland’s ungodly mess from the outside! What’s wrong with this picture? What’s wrong with this Administration?

We’re about to find out! Big time, as Garland’s broken, due-process denying “court” system continues it’s “death spiral,” ☠️ taking lots of kids and other human lives down with it!

🇺🇸Due Process Forever!

PWS

04-01-22

😇 CHRISTMAS THOUGHTS FROM MY FRIEND ANNA GALLAGHER @ CLINIC

Anna Marie Gallagher, Esquire
Executive Director
CLINIC
PHOTO: CLINIC website

Readings of the Day

In today’s reading, we see Mary travelling to the hill country in haste where she entered the house of Zechariah and greeted her cousin Elizabeth. After hearing Mary’s voice, the infant in Elizabeth’s womb leaped. Filled with the Holy Spirit, Elizabeth cried out to Mary in a joyful voice, blessing her, and humbly asking, “…how does this happen to me, that the mother of my Lord should come to me?” We see a message of gratitude, love and welcome in this short gospel reading. Elizabeth celebrates a kind story that had wrapped itself around her, as we are reminded by Padraig O Tuama in Daily Prayer with the Corrymeela Community (Day 3). Elizabeth would soon bear her own long-awaited child. This beloved child, who would grow up to be John the Baptist, would prepare people’s hearts to receive our Lord Jesus Christ.

This reading compels us to ask how we express our gratitude, love and welcome especially to those most in need as Elizabeth did in receiving her cousin Mary. How do we open our hearts to receive and practice the love that Jesus taught? Pope Francis reminds us in Fratelli Tutti that human beings cannot live, develop, and find fulfillment except “In the sincere gift of self to others.” Nor can they fully know themselves apart from an encounter with other persons. If we are to follow the example of Elizabeth, the preaching of John the Baptist and the teaching of Jesus, we know that such encounters – moments of agape love and welcome – must occur without regard to our differences. In fact, to practice the radical love that Jesus taught and become full humans as Pope Francis teaches, we must choose love over fear, care over comfort and welcome those we encounter in the most vulnerable situations in our communities and at our borders.

Anna Marie Gallagher is Executive Director of the Catholic Legal Immigration Network (CLINIC).

***********

Thanks, Anna, and Merry Christmas to all from Courtside!⚖️👍🏼🎅🏻🎄🎁🎁🥂🍻🗽

🇺🇸Due Process Forever!

PWS

12-25-21

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

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

AP reports on HuffPost:

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

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

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

. . . .

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

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

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

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

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

Read the complete report at the link.

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

🇺🇸Due Process Forever!

PWS

12-05-21

⚖️🗽🇺🇸😇SISTER NORMA SPEAKS OUT AGAINST “LET ‘EM DIE MEXICO” ⚰️ & THE FALSE DOCTRINE OF “DETERRENCE THROUGH CRUELTY & IMMORALITY!” ☠️🤮 — “It is immoral and abhorrent to deter people who are legally and peacefully seeking safety in the United States by deliberately exposing them to the very perils that they are hoping to escape.”

Why is the Biden Administration listening to him:

Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

Rather than her:

Sister Norma Pimentel, Executive Director, Catholic Charities of the Rio Grande Valley

https://www.washingtonpost.com/opinions/2021/09/06/norma-pimentel-mpp-biden-help-migrants/

Opinion by Sister Norma Pimentel

September 6 at 5:34 PM ET

Norma Pimentel, a sister of the Missionaries of Jesus, is executive director of Catholic Charities of the Rio Grande Valley.

Dear Mr. President:

I write today to appeal to your sense of morality, human dignity and as a fellow Catholic. While the Supreme Court has blocked your efforts to rescind the Migrant Protection Protocols (MPP), better known as the “Remain in Mexico” policy, while litigation against it proceeds through the court system, I urge you to act. These legal complications, and our backlogged immigration courts system, cannot become an excuse to strand thousands of people in dire conditions, especially when other options are available.

I know from firsthand experience just how desperate the situation is. MPP was implemented in my community in early 2019. Its effect was to force thousands of people into a makeshift “tent city” along the Mexican side of the Rio Grande river as they awaited rulings on whether they would be granted asylum.

I would visit the camp almost every single day. It was a blessing that hundreds of compassionate Americans crossed the border between Brownsville, Tex., and Matamoros, Mexico, several times a day to bring tents, food, clothing, and to tend to these families’ medical needs and legal issues. While supported by the good nature and assistance that staff and others provided, I often worried about how the women, men and children at the camp could survive in such conditions. How could they stand the scorching heat of our region’s hot sun or the occasional torrential downpours that turned their encampment into a mud pit?

The lack of care for humanity and the sounds of human misery accompanied me daily as I moved through the camp. I know that reports of these conditions have reached your ears, too: I met your wife, Jill Biden, here in 2019 as she donned rubber boots to wade through the mud and see for herself the misery in which asylum seekers, including many women and children, lived for as long as two years.

So, I rejoiced when you declared an end to this immoral policy on your first days in office, and despaired when the Supreme Court required your administration to implement it once again.

I pray for the Supreme Court justices as I do for all leaders. But in my heart, I know that surely, we can do better than return to the conditions and suffering I witnessed in 2019.

. . . . .

I invite you to come and see for yourself, as your wife did in 2019, what is happening on the border. There are many layers to the immigration realities behind the strident political rhetoric that dominates and obscures the issue today. But we must find ways to counter what Pope Francis calls a “globalization of indifference.”

Mr. President, please demonstrate to the world that the words of Jesus — whatsoever you do to the least of my brothers, you do unto me — are the foundation of not only our faith, but of the moral structure of our country.

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

Read the rest of Sister Norma’s letter at the above link.

She’s right: “We cannot allow a lack of creativity and fortitude to become an excuse to abandon the principle of compassion.” But, sadly, that’s exactly what the Biden Administration is doing by listening to the wrong advice from those wedded to the failed, illegal, and cruel concept of misusing the law and perverting process as a “deterrent.”

The experts, “practical scholars,” NGOs, intellectual leaders, and courageous progressive judicial talent who can solve this problem, folks like Sister Norma, Karen Musalo, Marielena Hincappie, Kevin Johnson, Michelle Mendez, Jaya Ramji-Nogales, Lenni Benson, Michele Pistone, Geoffrey Hoffman, Jason “The Asylumist” Dzubow, and Judge Ilyce Shugall, are all “on the outside looking in.” Moreover, rather than working with them to fix the asylum system at the border and bring essential progressive reforms to our dysfunctional Immigration Courts, the Administration has actively alienated and disrespected their views in favor of recycling “guaranteed to fail, Miller-Lite” deterrence only policies of the past.

“Floaters” — “Floaters — How The World’s Richest Country Responds To Asylum Seekers” — Beyond bad GOP judges, corrupt and evil GOP State AGs, “Miller Lite” bureaucratic retreads, and feckless and timid Biden policy wonks, this is the harsh reality of our continuing, failed, “border deterrence” policies and our abrogation of asylum laws and human morality.
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

The solutions are out there! Too bad the Administration has become “part of the problem,” rather than having the guts and creativity to solve the problem while saving lives! No courage, no convictions, no solutions! It’s a formula for disaster☠️ and death!⚰️

As Sister Norma says, using the words of Jesus, in her powerful conclusion: “whatsoever you do to the least of my brothers, you do unto me — are the foundation of not only our faith, but of the moral structure of our country.” Right now, He couldn’t be very pleased with the conduct of the GOP nativists, the Supremes, righty Federal Judges, horrible GOP AGs, and the feckless bureaucrats and timid policy officials of the Biden Administration!

🇺🇸Due Process Forever!

PWS

09-07-21

☠️⚰️🏴‍☠️🤮OUTRAGE GROWS IN HUMAN RIGHTS COMMUNITY OVER TRUMPIST RIGHT-WING EXTREMIST JUDGE’S ASSAULT ON TRUTH, HUMANITY, & THE RULE OF LAW —“Jesus said, ‘whatever you did for one of the least of these brothers and sisters of mine, you did for me.’ Judge Kacsmaryk’s decision is contrary to man’s law and God’s law and must be overturned.”

Anna Marie Gallagher, Esquire
Executive Director
CLINIC
PHOTO: CLINIC website

Here’s a statement from CLINIC condemning this Judge’s decision to reinstate the misnamed “Migrant Protection Protocols,” better known as “Remain in Mexico,” or more accurately as “Let ‘Em Die In Mexico:”

Catholic Legal Immigration Network, Inc.

Press Release

Aug. 14, 2021

Lynn Tramonte

Communications Consultant

ltramonte@cliniclegal.org | 202-255-0551

A Statement From the ED: CLINIC Condemns Federal Ruling to Resume Migrant Protection Protocols

SILVER SPRING, Maryland — The following is a statement from CLINIC Executive Director Anna Gallagher:

“CLINIC staff and volunteers have accompanied and provided legal counsel to thousands of men, women and children who sought safety at our doors, only to be stranded in Mexico in inhumane conditions through MPP. They desperately waited for protection and admission to one of the richest countries in the world, in increasing danger, by design of the U.S. government.

MPP is a national shame.

Jesus said, ‘whatever you did for one of the least of these brothers and sisters of mine, you did for me.’ Judge Kacsmaryk’s decision is contrary to man’s law and God’s law and must be overturned. We now call on President Biden to act on his faith and once again, end this policy that is so contrary to our values and who we aspire to be.”

CLINIC advocates for humane and just immigration policy. Its network of nonprofit immigration programs — 400 organizations in 48 states and the District of Columbia — is the largest in the nation.

Donate to CLINIC

Add CLINIC to your AmazonSmile account:

Copyright © 2021 Catholic Legal Immigration Network, Inc., All rights reserved.

unsubscribe from this list update subscription preferences

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

In case you miss the irony, think of this: At the very moment we are pleading with the international community to help extricate us from the humanitarian disaster in Afghanistan, we are illegally and arbitrarily turning away legal asylum applicants at our border, many of them women and children with claims just as compelling as those from Afghani women and girls, and returning them to dangerous areas with NO PROCESS AT ALL!

And, Judge K would like to support his GOP White Nationalist buddies in Texas and Missouri by unlawfully reimplementing “Remain in Mexico” — a much-studied, vigorously and rightfully criticized program deemed a practical, human rights, legal, and humanitarian disaster by every credible human rights organization.

CLINIC is right: “Shame!”

The above statement is, of course, not the only cogent criticism I have received at Courtside about this decision. It just happens to be the one that appeared first in my Courtside inbox, courtesy of my good friend and NDPA stalwart Anna Marie Gallagher, Executive Director of CLINIC!

🇺🇸Due Process Forever!

PWS

08-16-21

🗽🙏🏼CLINIC’S ANNA GALLAGHER WITH LENTEN REFLECTION — Despite The “Open Border” Blather, Our Border Remains Closed, The Rule Of Law Suspended, Refugees Are Denied Their Legal Right To Apply For Asylum, & The Cruelty & Human Suffering Occurs South Of The Border Where It Is “Out Of Sight, Out Of Mind!”

I wake every morning to follow news of our sisters and brothers, thinking especially of the children, who have set out from places like El Salvador, Guatemala, Honduras, Venezuela, Cuba, Nicaragua and Haiti–even as far as Cameroon and the Democratic Republic of the Congo–to seek protection at our doorstep. My heart aches for them and I pray for their safety.

Today’s readings remind us of our obligation, as followers of Christ, to speak the truth and follow the light. The truth is that people are suffering, both young and old, and desperately seeking safety and welcome in our country. Yet U.S. authorities and policies are often hostile to receiving them. Their arrival at our doors is deemed a “crisis.” As followers of Christ, we must and we will stand up, act bravely and generously, to speak the truth and welcome them.

The real crisis is not at the border, but within the families forced to make the difficult decision to leave, and in the hearts of those who refuse to follow Jesus’ light. We, as Christians, must walk in the path of light as Jesus instructs, and do the right thing. We must make room at our table and remember that we all belong to each other. We must take Jesus’ words to heart and remember to love the mother, the father and the child at the border as if they were our own.

This is not a crisis for us, although it certainly is for the men, women, and children who are fleeing. For us it is an opportunity to act out our faith precisely as Jesus taught.

As these sojourners leave their homes in search of safety, they may repeat a prayer similar to this: “Even though I walk in the dark valley I fear no evil; for you are at my side.” The rhythm of the words and their meaning must comfort them, knowing that God is their companion. What happens when they arrive here is up to us. We could look to God and ask what He would do, but we already know the answer.

Anna Gallagher is Executive Director of the Catholic Legal Immigration Network, Inc. (CLINIC).

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

Unfortunately, too many folks promote a bogus picture of what’s at stake at our border. The “alternatives” they trumpet are basically increasing family separation and suffering in Mexico or somewhere else as pointed out in this Politico article by Jack Herrera:

The result is a new form of family separation — but instead of happening at the hands of federal agents in American government facilities, it’s taking place, family by family, in camps like the one Janiana lives in. The fact that minors won’t be expelled like everyone else has rapidly spread by word of mouth across the length of the border. And while many families choose to stick together, the pressure to separate weighs heaviest on the most vulnerable — families who fear death, whether from persecutors who have followed them to the border, or from extreme hunger.

For Janiana, the possibility of being sent back to Honduras reads as a death sentence. She shows me the scars from her torture at the hands of a powerful gang back home that her family got on the wrong side of. Fearing further reprisals, Janiana fled with her sister’s children, a teenage nephew and teenage niece as well as the niece’s several-month-old son. The children haven’t been reconnected with their mother yet, who successfully entered the U.S. to begin the process of claiming asylum in 2019, before the pandemic. Staying in Mexico, Janiana says, was never an adequate long-term solution and increasingly feels intolerable. She says the family already tried to make a new life in the southern state of Oaxaca, but danger pursued them there, where her nephew was murdered.

Today, Janiana says her only hope is that the U.S. will begin to accept asylum seekers again, especially as the country gets a better hold over the pandemic. At the moment, she says with resignation, “all we can do is wait.” Though there is one painful exception on her mind: If she were somehow able send the baby across alone, he might be allowed to stay.

“It breaks my heart to even think about it,” she says.

https://apple.news/A6sIRr9CpTwSl9_0bmN7rJA

Here’s an idea!

Why not get the trained Refugee Officers, Asylum Officers, Immigration Judges, ORR child services officers, and pro bono lawyers in place to comply with our legal obligations in a robust, timely, fair, and efficient manner?

Why not put experts, like Wendy Young of Kids in Needs of Defense, who understand how our system should work in charge of the welfare of the children? Why not put someone who understands the practical and legal needs at the border, like former Immigration Judge Ilyce Shugall, in charge of the Immigration Court response? Why not put someone like retired Judge Paul Grussendorf, who has also been an Asylum Officer and a UNHCR representative, in charge of the Asylum Office response? Why not put retired Assistant Chief Immigration Judge Robert Weisel, who worked with the UNHCR after retirement, in charge of coordinating the response with NGOs and the private sector?

Yes, the Trump regime definitely left a dismantled and dysfunctional immigration bureaucracy and structure behind. But, just repeating that time after time sounds more like an excuse than a plan or a solution.

Sure, it won’t happen overnight. But, it won’t happen at all without different folks in charge at the “retail level.” I see little evidence of any progress on a real long-term plan and the short-term response is also an unnecessary mess, given that the Biden Team has had more than four months since the election to get a new structure and new personnel in place.

While there are a few “bright spots,” like Michelle Brané and Katie Tobin, I sincerely doubt that the group in charge right now is capable of solving the practical problems in rebuilding and improving our asylum and immigration systems. Nowhere is that more obvious than at EOIR, where the dysfunctional “clown show” 🤡 stumbles on, for no apparent reason.

Many of us keep trying, to no avail, to warn Judge Garland that he literally is sitting on a powder keg with the fuse lit and burning.💣 I guarantee that the next “manufactured crisis” will be when the current group of asylum cases coming from the border hit the broken, dysfunctional, ridiculously and unnecessarily backlogged, grotesquely mismanaged, ill-prepared, and anti-asylum-biased “Immigration Courts.” Waiting for the inevitable disaster, rather than bringing in a new “A Team” from the NDPA to start solving the problems now, is a monumental mistake by Judge G.

Why not fix the system to run the way it should, rather than spreading myths, throwing spitballs, and ignoring the unfolding human tragedy that can’t be solved with draconian enforcement and lame “don’t come” messages directed at forced migrants fleeing for their lives?

🇺🇸⚖️🗽Due Process Forever!

PWS

03-23-21

ERIN CORCORAN @ THE HILL: RACISM, BIGOTRY, & XENOPHOBIA ARE ALWAYS BAD POLICIES — The Pandemic Is No Exception — “Immigrants are part of the solution to the challenges we face today and should be welcomed rather than banned.”

https://apple.news/AKgOx97sDRfSvo9oc3h61cA

The use of executive branch power to wage a war on immigrants is one of the defining legacies of President Trump. He went on the offensive under the disguise of the coronavirus pandemic to advance his policy priority to significantly restrict legal immigration to the United States. This politically motivated maneuver violates federal and international law, and this is also morally reprehensible and disastrous for the domestic economy at home.

. . . .

It is not just health care that needs immigrants. A recent study found that the majority of economic growth between 2011 and 2016 is due to greater labor supply due to immigration. Immigrants also assist the country with innovation. They are twice as likely to start a business, to receive a Nobel Prize or Academy Award, or to receive a patent than native born workers.

Denying protection to individuals fleeing persecution based on potential public health grounds sends dangerous signals to oppressors and rogue nations that they are free to act with impunity because powerful nations are unwilling to protect their victims. Refugees searching for protection are built in the collective responsibility of the international community, even in any period of public crisis. Efforts by the president to renounce these duties are morally wrong and politically dangerous for the world.

Waging a war on immigrants will not protect us from the coronavirus. It instead puts individuals fleeing harm in further danger and weakens the economy of the United States. Immigrants are part of the solution to the challenges we face today and should be welcomed rather than banned.

.

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

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

The Clown Prince’s 🤡 “maliciously incompetent” ☠️ response to the coronavirus pandemic 🤮 continues to be one of the most stunning failures of Presidential leadership in U.S. history — one that will continue to put American lives at risk well into the future.

Unhappily, cowardly bashing of immigrants and constantly sending out racist “dog whistles” helped this charlatan get elected and remains one of the few things he’s good at (grifting, lying, and avoiding responsibility are others).

This November, vote like your life depends on it! Because it does!

PWS

04-26-20

U.S. JUDGE THWARTS (FOR NOW) TRUMP REGIME’S PERSECUTION/PROSECUTION OF HUMANITARIAN AID WORKERS – Regime’s Religious Hypocrisy Runs Deep!

https://www.huffpost.com/entry/trump-no-more-deaths-religious-liberty_n_5e3adf4ec5b6d032e76d1313

Carol Kuruvilla in HuffPost:

A federal judge has ruled that President Donald Trump’s administration, which often boasts about defending religious liberty, has violated the religious rights of a group of volunteers at the U.S.-Mexico border.

The Trump administration has spent years cracking down on the work of No More Deaths/No Más Muertes, a Unitarian Universalist ministry in Arizona that provides water and food to migrants crossing a treacherous stretch of desert along the border where dozens have died. Various members of No More Deaths have faced fines and even jail for what they consider to be faith-based, life-saving humanitarian aid.

But for the second time in months, a judge has ruled that the government shouldn’t be punishing these volunteers for putting their faith into practice.

U.S. District Judge Rosemary Márquez ruled Monday that four volunteers who left water and food for migrants at the Cabeza Prieta National Wildlife Refuge were acting according to their “sincerely held religious beliefs.” As a result, the government substantially burdened the volunteers’ religious liberty by prosecuting them for this work, Marquez said.

“Given Defendants’ professed beliefs, the concentration of human remains on the [refuge], and the risk of death in that area, it follows that providing aid on the [refuge] was necessary for Defendants to meaningfully exercise their beliefs,” the judge wrote.

Márquez’s ruling reversed the decision of a lower court, where another judge dismissed the volunteers’ religious liberty claims and sentenced them to probation and fines last March.

A federal judge has ruled that four volunteers who left water and food for migrants at the Cabeza Prieta National Wildlife Refuge were acting according to their “sincerely held religious beliefs.” From left, they are Natalie Hoffman, Madeline Huse, Zaachila Orozco-McCormick, and Oona Holcomb.

The case against the four volunteers ― Natalie Hoffman, Oona Holcomb, Madeline Huse and Zaachila Orozco-McCormick ― goes back to December 2017, a year when 32 sets of human remains were recovered from the Cabeza Prieta National Wildlife Refuge. The volunteers were charged with misdemeanors for entering the wildlife refuge without proper permits and leaving behind jugs of water and cans of beans, which the government called abandonment of property.

The volunteers’ defense hinged on the Religious Freedom Restoration Act of 1993 (RFRA). The law states that if a defendant can prove that the government is substantially burdening her “sincerely held religious beliefs,” then the government has to show that it’s using the “least restrictive” path to achieving its goals.

This ruling shows that religious freedom is not just for the Christian right, as the Trump administration would have us believe.Parker Deighan, spokesperson for No More Deaths

RFRA initially had broad bipartisan support. But more recently, the religious right has been using RFRA as a way to secure exemptions for conservative beliefs about abortion and LGBTQ rights. The evangelical Christian owners of the Hobby Lobby craft stores famously used RFRA to avoid paying for insurance coverage for contraception.

Under Trump, the Department of Justice has urged a narrow reading of RFRA claims made by people of faith who do not share the administration’s policy goals, according to Katherine Franke, faculty director of Columbia University’s Law, Rights, and Religion Project.

“The Trump Department of Justice has taken a biased approach to defending and enforcing religious liberty rights under RFRA, robustly protecting the rights of conservative Evangelical Christians while prosecuting people whose faith moves them to oppose the government’s policies,” Franke told HuffPost in an email.

Michael Bailey, the Trump-nominated U.S. attorney for Arizona, said his team has no issue with Márquez’s finding that strong religious beliefs motivated the defendants’ acts.

“We highly value religious freedom without regard to where on the spectrum one’s beliefs might fall,” Bailey told HuffPost in a statement.

A volunteer for the humanitarian aid organization No More Deaths delivers water along a trail used by undocumented immigrants in the desert on May 10, 2019 near Ajo, Arizona.

Subscribe to the Politics email.

From Washington to the campaign trail, get the latest politics news.

No More Deaths is a Unitarian Universalist ministry. But all four volunteers are technically religiously unaffiliated, which means they are part of a growing group of Americans who decline to identify with any specific religious tradition.

During testimonies, the four described feeling a spiritual calling to volunteer, inspired by beliefs about the sanctity of human life. They also spoke about taking moments of silence in the refuge to reflect on the suffering of those crossing the desert.

Holcomb said that she had constructed a “personal altar” at her home that included a ring of water bottles she picked up in the desert.

“There is … for me, I will say, like a deep spiritual need and a calling to do work based on what I believe in the world,” Holcomb testified, according to the judge’s opinion.

In its response to the volunteers’ appeal, the government argued that their beliefs were not truly religious because they didn’t explain how they fit into a “particular system of religious or spiritual beliefs.” The government also asserted that the volunteers were “draping religious garb” over “secular philosophical concerns.”

In her opinion, Márquez said that the volunteers’ RFRA claims can’t be dismissed just because they described their beliefs in broad terms and don’t belong to an established religion. She pointed out that religious and political motivations overlapped in the Hobby Lobby case. ThatSupreme Court verdict has shown that government faces an “exceptionally demanding” obligation to be minimally restrictive while imposing on a person’s religious exercise, Márquez said.

Ultimately, the government had failed to demonstrate that prosecuting the volunteers was the least restrictive means of achieving a compelling governmental interest, the judge said.

Scott Warren, a volunteer for the humanitarian aid organization No More Deaths, walks into Organ Pipe Cactus National Monument to deliver food and water along remote desert trails used by undocumented immigrants on May 10, 2019, near Ajo, Arizona.

Márquez’s decision comes months after another No More Deaths volunteer, Scott Warren, was acquitted of a federal misdemeanor charge for leaving water jugs in the Cabeza Prieta National Wildlife Refuge for migrants. The judge in that case also acknowledged that Warren’s action was protected by his right to religious freedom. That was one of the first times progressive religious beliefs related to immigration have been protected in this way, the Law, Rights, and Religion Project told HuffPost in November.

Franke said there are other cases where progressive people of faith are making religious exemption claims. The Rev. Kaji Douša, a New York pastor and immigrant rights activist, claims the federal government violated her religious freedom when she was detained and placed on a watch list for ministering to asylum seekers at the U.S.-Mexico border. The government has “trivialized” Douša’s RFRA claims and urged the court to dismiss them, Franke said.

In Philadelphia, the DOJ is trying to prevent a faith-based overdose prevention organization from opening a safe injection site, arguing that its “true motivation is socio-political or philosophical — not religious — and thus not protected by RFRA.”

Franke said that when Congress passed RFRA in 1993, the statute was meant to protect the religious liberty of people across a wide spectrum of beliefs, “not just some, and certainly not only those who hold religious beliefs that were shared with the current federal administration.”

Parker Deighan, a spokesperson for No More Deaths, told HuffPost that Márquez’s ruling on Monday reaffirms that “providing humanitarian aid is never a crime.”

“This ruling shows that religious freedom is not just for the Christian right, as the Trump administration would have us believe,” she said. “We hope that that Judge Marquez’s ruling signifies a shift towards religious freedom exemptions being used to protect the work of people and organizations fighting on the side of justice, such as migrant solidarity organizations and indigenous peoples fighting for protection of their sacred lands and traditions, rather than protection for discrimination and bigotry.”

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

So, here’s the deal.

The Trump (the least religious and most immoral President in U.S. History) regime uses a bogus “religious protection” rationale to cloak far-right programs of hate, intolerance, dehumanization, marginalization, and cruelty directed at people of color, the LGBTQ community, migrants, refugees, women, children, Muslims, Jews, and other vulnerable groups. According to the regime, “religious freedom” is limited to the “extremist religious right.”

Then, the regime attempts to misuse “the law” to punish those who actually “show Christ-like love in word and in deed.” To her credit, U.S. District Judge Rosemary Márquez “just said no” to this disingenuous nonsense.

The only way to stop the intellectual dishonesty, mockery of religious humanitarian principles, and misuse of our laws is to oust Trump and his enablers from office at every level. Otherwise, we can expect the persecution and cruelty to continue.

And don’t be surprised if the “J.R. Five” on the Supremes find a way to manipulate the system to enable the persecution of others to continue and grow worse. It’s what complicit “judges” do in the face of tyrants.

While the regime is using your tax dollars to pervert the law to persecute humanitarian workers, they are simultaneously violating our Constitution, our statutes, and our international obligations, with the connivence of the Supremes and Federal Appeals Courts who choose to look the other way rather than standing up for individuals’ rights against authoritarian overreach.

It’s time to stand up for our Constitutional rights, human rights, and human decency. Throw the corrupt and immoral GOP and their collaborators out of office at the next election, and bring in Government officials, legislators, and life-tenured judges who are willing and able to stand up for their oaths of office!

Due Process Forever!

PWS

02-06-20

Eduardo Porter writes in WashPost:

Gordon F. Sander, journalist and historian, also writes in WashPost, perhaps somewhat less optimistically, but with the same historical truth in the face of current political lies and gross misrepresentations:

🇺🇸 Due Process Forever!

Related posts:

Gebra v. A.G., 3d Cir, 07-19-23, unpublished (unfortunately)

🇺🇸 Due Process Forever!

Related posts:

David W. Blight reviews Rachel Swarns’s new book “The 272” For The NYT:

🇺🇸 Due Process Forever!

Related posts:

🇺🇸 Due Process Forever!

Related posts:

🇺🇸 Due Process Forever!

Related posts:

Theresa Vargas @ WashPost:

🇺🇸 Due Process Forever!

Related posts:

🇺🇸 Due Process Forever!

Related posts:

Influx Of Solo Kids Poses Challenge For Immigration Courts

🇺🇸Due Process Forever!

Related posts:

🇺🇸Due Process Forever!

Related posts:

AP reports on HuffPost:

🇺🇸Due Process Forever!

Related posts:

Why is the Biden Administration listening to him:

Rather than her:

🇺🇸Due Process Forever!

Related posts:

CLINIC is right: “Shame!”

🇺🇸Due Process Forever!

Related posts:

🇺🇸⚖️🗽Due Process Forever!

Related posts:

This November, vote like your life depends on it! Because it does!

Related posts:

Due Process Forever!

Related posts: