😎🗽⚖️ OF COURSE, GREAT LAWYERING MAKES A DIFFERENCE IN IMMIGRATION COURT! — Only Nativists & Former Director McHenry Would Bogusly Claim Otherwise! — Another “Real Life Success Story” From Professors Benitez & Vera @ The GW Law Immigration Clinic! — Garland’s DOJ “Goes Molasses In November” On Improving Access To Counsel & Elevating The “Pro Bono Experience!”

 

Please thank them all on my behalf. I’m extremely grateful for what each of them did on my case.” This is what our client, E-K- said upon receiving well wishes from several of his former student-attorneys after he was sworn in as a U.S. citizen yesterday. Please see the attached photo of E-K- with Prof. Vera after his oath ceremony. E-K- authorized our use of his picture. 

E-K- became a Clinic client in 2009 after an unsuccessful interview at the Arlington Asylum Office. In February 2010, E-K-, a native of Cameroon, had his first Individual Calendar Hearing based on his political opinion and imputed political opinion following his involvement in a sit-in and his presence during a protest. DHS appealed the initial grant of asylum and on remand the Board of Immigration Appeals instructed the Immigration Judge to pay attention to credibility. However, the Immigration Clinic and E-K- prevailed again in 2013 and the asylum grant was finalized! The Clinic then assisted E-K- with his green card application, naturalization application, and naturalization interview. Next up: his wife’s green card application!

Please join me in congratulating Alexa Glock, Anca Grigore, Rebekah Niblock, Victoria Braga, Alex North, Jonathan Bialosky, and Paulina Vera, who all worked on the case.

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

650 20th Street, NW

Washington, DC 20052

(202) 994-7463

(202) 994-4946 fax             

abenitez@law.gwu.edu

THE WORLD IS YOURS…

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

Real life success stories from real life humans represented by well-trained law students in a “Surreal Immigration Court System!”

Brings to mind the disgraceful incident when former Trump-Era EOIR Director James McHenry created a bogus “Fact Sheet” with a ludicrous narrative in a dishonest attempt to show that lawyers and knowing individual rights in Immigration Court were irrelevant to success.

McHenry’s lies, myths, and intentional distortions were universally panned by immigration experts as reported by Courtside at the time.

https://immigrationcourtside.com/2019/05/16/the-asylumist-weighs-in-on-eoirs-fact-sheet-sometimes-myths-and-facts-get-mixed-up-especially-in-the-trump-administration-which-has-redacted-human-rights-report/

https://www.naij-usa.org/images/uploads/newsroom/

https://immigrationcourtside.com/2019/05/16/truth-matters-setting-the-record-straight-aila-blasts-eoirs-false-unethical-anti-asylum-screed-together-the-documents-deceptive-information-and-polarizing-r/

Under Judge Garland, the DOJ claims to recognize and promote representation in Immigration Court. But, leaving aside the mushy rhetoric, their actions say otherwise:

    • “Dedicated Dockets” and sloppy mail-out notices established without consultation with the private bar;
    • Proposed asylum regulations almost universally opposed by the private bar;
    • Failure to slash the overwhelming, due process inhibiting, 1.5 million case backlog;  
    • Continued “Aimless Docket Reshuffling” fueled by changing and misplaced administrative “priorities”that totally ignore the needs of the pro bono bar; 
    • Continuing support for “imbedded Immigration Courts and TV Courts” established in or near DHS Detention Centers located in obscure places where attorneys are not easily obtainable;
    • Overly restrictive and widely inconsistent bond determinations in Immigration Court that inhibit effective representation;
    • Ridiculous backlog of Recognition and Accreditation applications that impedes new opportunities for well-qualified pro bono representatives in Immigration Court (See, e.g., VIISTA Program, Villanova Law); 
    • Failure to “swap out” a legally substandardly performing BIA and some Immigration Judges for “real, well-qualified Judges with immigration and due process expertise;” 
    • Long-delayed e-filing, making pro bono representation more difficult  and less efficient; 
    • Overall lack of dynamic court management and appropriate professional dialogue with the private bar;
    • Substandard EOIR “judicial training” that puts undue burden on private attorneys, particularly those operating  pro bono;
    • Lack of positive precedents, particularly on asylum, that would help parties and judges move many “grantable” asylum cases through Immigration Courts fairly, efficiently, and consistently with due process and “best practices;”
    • Continuing lawless use of Title 42 @ Southern Border causing diversion of legal resources that could otherwise be channeled into representation!

In other words, the DOJ under Garland has failed to deliver on the promise of restoring the rule of law and promoting representation in Immigration Court. Seems like nothing short of Article I will “get the job done!”

It’s painfully obvious that the politicos running the dysfunctional Immigration Courts @ DOJ have never actually had to practice before them, particularly pro bono! So, they just go on repeating many of the uninformed mistakes of their predecessors!

🇺🇸Due Process Forever!

PWS

11-19-21

 

☠️🤮UNDER NEW MISMANAGEMENT: Trump’s “New American Gulag” (“NAG”) Now Being Run By Biden, Harris, & Mayorkas, With Garland’s Embedded “Star Chambers” — Coercion, Denial Of Right To Counsel Endemic In Illegal, Immoral, Secretive Biden “Civil” Prison System! — “[W]ithout having knowledge, we’ll go directly to the slaughterhouse!” ⚰️ — That’s The Goal Of “Detention & Deterrence!”

Slaughterhouse
“[W]ithout having knowledge, we’ll go directly to the slaughterhouse!”
Creative Commons License
Star Chamber Justice
“Do you still want to talk to a lawyer, or are you ready to take a final order?” “Justice” Star Chamber Style
Emma Winger
Emma Winger
Staff Attorney
American Immigration Council
PHOTO: Immigration Impact

https://immigrationimpact.com/2021/10/29/ice-detention-contact-lawyer/

Emma Winger writes on Immigration Impact:

“Ben G.” is a 35-year-old veterinarian from Nicaragua who fled to the United States after he was beaten and tortured by police. When he crossed the border into the United States, he requested asylum. U.S. Immigration and Customs Enforcement (ICE) eventually transferred Ben to the Winn County Correctional Center, an ICE detention facility in rural Louisiana located four hours away from the nearest metropolitan area. It is also the facility with the fewest immigration attorneys available in the entire country.

Despite passing the government’s initial screening and having  a credible fear of persecution, Ben was still unable to find a lawyer. As a fellow detained person noted, “without having knowledge, we’ll go directly to the slaughterhouse.”

Ben’s story illustrates the monumental barriers that detained immigrants face in finding lawyers to represent them. As described in a letter sent October 29 by the American Immigration Council, the ACLU, and 88 legal service provider organizations to Department of Homeland Security Secretary Alejandro Mayorkas, ICE detention facilities have systematically restricted the most basic modes of communication that detained people need to connect with their lawyers and the rest of the outside world, including phones, mail, and email access.

This must change. The immigration detention system is inherently flawed, unjust, and unnecessary. The best way to eliminate these barriers to justice is to release people from detention.

Although immigrants have the right to be represented by lawyers in immigration proceedings, they must pay for their own lawyers or find free counsel, unlike people in criminal custody who have the right to government-appointed counsel. In many cases, detained immigrants cannot find lawyers because ICE facilities make it so difficult to even get in touch and communicate with attorneys in the first place.

The importance of legal representation for people in immigration proceedings cannot be overstated. Detained people with counsel are 10 times more likely to win their immigration cases than those without representation. Yet  the vast majority of detained people — over 70% — faced immigration courts without a lawyer this year.

ICE has set the stage for this problem by locating most immigration detention facilities far from cities where lawyers are accessible. Each year, ICE locks up hundreds of thousands of people in a network of over 200 county jails, private prisons, and other carceral facilities, most often in geographically isolated locations, far from immigration attorneys.

Even when attorneys are available and willing to represent detained people, ICE detention facilities make it prohibitively difficult for lawyers to communicate with their detained clients, refusing to make even the most basic of accommodations. For example, many ICE facilities routinely refuse to allow attorneys to schedule calls with their clients.

As described in the letter, the El Paso Immigration Collaborative reported that staff at the Torrance County Detention Facility in New Mexico have told their lawyers that they simply don’t have the capacity to schedule calls in a timely manner, delaying requests for more than one week or more.

The University of Texas Law School’s Immigration Law Clinic attempted to schedule a video teleconferencing call with a client at the South Texas ICE Processing Center. An employee of the GEO Group, Inc., which runs the facility, told them that no calls were available for two weeks.

. . . .

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

A “Jim Crow Mentality” of never being held accountable for abuses of law or human morality permeates the politicos, legislators, and Federal Judges of both parties responsible for enabling and upholding this toxic system. 

Nowhere is this more obvious than at the DOJ Civil Rights Division. While pontificating on racially abusive local police policies and actions, these folks go to great lengths to overlook the DOJ-run “Star Chamber Courts” embedded in DHS’s “New American Gulag” that disproportionally harm persons of color and deny them basic legal, civil, and human rights every day. 

This system is thoroughly rotten! Yet, Garland’s DOJ “defends the indefensible” in Federal Court almost every day.

🇺🇸⚖️ Due Process Forever!

PWS

10-30-21

⚖️🗽🇺🇸👍🏼👩🏻‍⚖️ JUSTICE FOR KIDS IN COURT — ROUND TABLE ⚔️🛡 “WARRIOR QUEEN” 👸🏻 HON. SARAH BURR SPEAKS OUT FOR “FAIR DAY IN COURT FOR KIDS ACT OF 2021!” — “We cannot in good conscience allow any unaccompanied children to appear in immigration court alone.”

Hon. Sarah Burt
Hon. Sarah Burr
Retired U.S. Immigration Judge
Knightess of The Round Table
Photo Source: Immigrant Justice Corps website
Knightess
Knightess of the Round Table

https://thehill.com/opinion/judiciary/578076-why-are-children-representing-themselves-in-immigration-court

From The Hill:

As a retired immigration judge, I have watched with concern reports of the surge of unaccompanied immigrant children crossing the border into the United States. There are many reasons for concern—their housing, their health, their safety. To me, there is an additional, very real, and often overlooked question looming on the horizon: What will happen when these children, even toddlers and babies, appear alone in immigration court?

Yes, alone. While a person in immigration proceedings is entitled to be represented by a lawyer if they can afford it, there is no constitutional or even statutory right to appointed counsel in immigration proceedings. That means those who cannot afford a lawyer must appear in court alone, including children.

While I am pleased to see the Biden administration plans to provide government-funded legal representation for certain immigrant children in eight U.S. cities, this new initiative is still a far cry from the universal representation needed to support children in removal proceedings.

Imagine, if you can, a child — 2 years old, 10 years old or 17 years old — appearing before an immigration judge alone. How does a child, already intimidated and confused by the courtroom setting, understand the nature of the court proceedings and the charges against them? How can a child understand the complexities of immigration law, their burden of proof, and possible defenses against deportation? The short answer is they cannot.

. . . .

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

Read the rest of the op-ed at the above link.

The “Fair Day For Kids in Court Act of 2021” is endorsed by the “Round Table” ⚔️🛡 among many other groups in the NDPA!

Here’s a summary (courtesy of Hon. “Sir Jeffrey” S. Chase):

Senator Mazie Hirono (of [Round Table “Fighting Knightess” Judge] Dayna Beamer’s home state of Hawaii) plans to introduce the attached bill on Thursday, that would provide counsel for unaccompanied children in Immigration Court by:

  • Clarifying the authority of the federal government to provide or appoint counsel to noncitizens in immigration proceedings;

  • Requiring the appointment or provision of legal counsel to all unaccompanied children in proceedings unless they obtained counsel independently;

  • Mandating access to counsel for all noncitizens in CBP and ICE facilities;

  • Requiring that, if the government fails to provide counsel to an unaccompanied child and orders that child removed, the filing of a motion to reopen proceedings will stay removal; and

  • Requiring government reporting on the provision of counsel to unaccompanied children.

Here’s the text of the bill, which will be introduced by Sen. Hirono later this week:

Fair Day Text FINAL

Thanks Sarah and Jeffrey!  So pleased to be part of the “support group” for this long-overdue and badly needed legislation that would do what to date Congress, the Federal Courts, and DOJ have failed to do: Enforce the Due Process Clause of the Fifth Amendment in Immigration Court!

Wendy Young
Wendy Young
President, Kids In Need of Defense (“KIND”)

And, of course, we should never forget the ongoing, daily work performed by NDPA Superhero 🦸🏻‍♂️  Wendy Young and Kids in Need of Defense (“KIND”) in ending the disgraceful blot on American justice of unrepresented kids in Immigration Court:

Dear Paul,

I met Maria* in immigration court.  The judge sat in his robes behind the bench when he called her deportation case.

A trial attorney from the Department of Homeland Security sat at the front, prepared to argue for Maria’s removal from the U.S.. Maria was by herself without a lawyer by her side. 

She was five years old.

She approached the bench, wearing her nicest clothes, clutching a doll. She sat behind the respondent’s desk, barely able to see over the microphone. The judge asked her a number of questions about why she was in the US and about her life here, none of which she could answer. Her eyes grew bigger and bigger as she sat silently, until he finally dismissed her and told her to come back at a later date. As she left the court, he asked her what the name of her doll was. In Spanish, she replied, “Baby Baby Doll.” That was the only question she could answer.

That moment haunts me. I continually wonder about the insanity of asking a five year old to stand alone and defend herself against deportation in a federal courtroom. It should never happen. Which is exactly why KIND has mobilized and trained a powerful group of pro bono attorneys to represent and work with children just like Maria who deserve legal representation in a U.S. immigration court.

This October, KIND is honoring the pro bono attorneys who have helped more than 27,000 children referred to KIND receive legal representation that often means the difference between relief and deportation and, by extension, a child’s safety or danger.

Will you make a tax-deductible donation now to support the children we work with in and out of the courtroom?

Here’s the direct impact your gift today can have for children like Maria:

Paul, these are just a few ways we’ll put your gift to work, but know that your donation in ANY amount is critical to the number of children we can reach, and represent, through the amazing efforts of our pro bono attorney network.

These kids are scared, they are traumatized. They are intimidated. And without the services provided by organizations like KIND, they are all alone.

But that’s why we’re here – and that’s why I hope you’ll consider making a gift today to support this life-changing work. Your donation today will have a direct impact on the lives of refugee children who deserve to have someone in their court.

Thank you so much for your generosity today, and always.

🇺🇸Due Process Forever!

PWS

10-26-21

 

 

 

😢👎🏽HOW MUCH USCIS “SERVICE” DOES $575 BUY A REFUGEE? — Not Much, According To Deanna García @ “Early Arrival” — Plus Other Top News For Immigration Advocates!

Deanna Garcia
Deanna García
Immigration Journalist
PHOTO: Muckrack.com

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Support Our Work

OCTOBER 25, 2021

Hello, this is Deanna Garcia with today’s edition of Early Arrival. You can email me at deanna.garcia@documentedny.com.

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NJ Immigrant Detainees Worried About Transfers as ICE Contracts End

📍 Documented Original

As New Jersey jails began to terminate their contracts with Immigration and Customs Enforcement, the agency has started sending immigrant detainees to other jails in the U.S., further away from their families and friends. ICE told lawyers that the agency can’t release their clients because it considers them a public safety threat, even though majority of them are imprisoned over unresolved charges for nonviolence crimes. This action indicates the power ICE has on where and how immigrant detainees are being held. “We all hoped that ICE would use its discretion to release,” said Ellen Pachnanda, the attorney in charge of the New York Immigrant Family Unity Project. “As long as ICE retains this discretion to transfer, they will transfer.” Read more at Documented.

Documented is the only newsroom that creates journalism with and for New York’s immigrant communities. This work is not easy and it is not cheap. Help us fuel this work for $10/month.

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AOC Revives Citizenship Bill for 9/11 Cleanup Crew

U.S. Rep. Alexandria Ocasio-Cortez (D-N.Y.) and two other legislators reintroduced a federal bill to put immigrants who helped clean up after the 9/11 attacks on a fast track to U.S. citizenship. The 9/11 Immigrant Worker Freedom Act is an adjusted version of a bill that former Rep. Joseph Crowley introduced in 2017, which didn’t advance to the House. New York immigrants have asked for years to obtain legal immigrant status as compensation for the work they did and health problems they’ve suffered since the attacks. Several dozens are still protesting, while others gave up on fighting. The Associated Press

New Jersey Haitian Leaders Protest Deportations

Haitian community leaders and immigrant advocates gathered outside of a federal immigration office to protest the Biden administration deporting thousands of Haitian migrants under Title 42. The group of 50 people demanded that President Joe Biden allow more Haitians to seek asylum in the U.S. “These people just want to work and find a better way of life. We’re speaking in Newark because this city is a bedrock for New Jersey’s Haitian population,” said the Rev. Jean Maurice of the New Jersey Haitian Pastors Organization. According to U.S. Census data, New Jersey has roughly 60,000 Haitian residents. North Jersey

Advocates Rally Again for Schumer to Ensure a Pathway to Citizenship

For the last few weeks, immigrant advocates have been demanding Senate Majority Leader Chuck Schumer (D-N.Y.) to work to provide a pathway to citizenship for undocumented immigrants. On Friday, that demand continued at Schumer’s Peekskill office. Immigrants and advocates said they help Democrats gain power in Washington, so now they want Schumer to work for them. “We’ve delivered that control to the Democrats, so we feel that the Democrats have to deliver the promise that they’ve made us and make sure that citizenship is being included in this year’s reconciliation package,” said Peekskill City Councilor Vanessa Agudelo. Advocates said they’re in talks with Schumer’s office and will continue the pressure. News12 the Bronx

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ICE Investigation Discovered Falsified Documents of Immigrant’s Suicide

According to Immigration and Customs Enforcement’s External Reviews and Analysis Unit, medical and security staff at Stewart Detention Center in Georgia violated several agency rules when handling Efraín Romero de la Rosa’s suicide in 2018. He was diagnosed with schizophrenia and committed suicide after being in solitary for 21 days. The review discovered staff falsified documents, poorly dealt with his medication, didn’t follow proper care procedures and improperly placed him in disciplinary solitary confinement, even though there were multiple warnings of his declining mental health. The review also lists 22 separate violations of ICE and Stewart Detention Center rules by staff during Romero de la Rosa’s four months in detention and eight separate “areas of concern.” The Intercept

Migrant Caravan Breaks Mexican National Guard Roadblock

Roughly between 3,000 and 4,000 migrants left the U.S.-Mexico border city of Tapachula on Saturday morning and headed to Mexico City. Caravan organizers say that will be their last stop while they continue to attempt to secure humanitarian permits for Haitians andCentral and North American migrants to move freely throughout Mexico. But some migrants said they plan on going to the southern border as part of their push. Videos on social media show the caravan recently ran into a Mexican National Guard roadblock and broke through it, with soldiers making no attempts to pursue or draw weapons against them. Border Report

California Hires Border Wall Contractor to Screen, Test and Vaccinate Migrants

California Gov. Gavin Newsom hired Sullivan Land Services Co. to screen, test and vaccinate migrants for COVID-19 at the border. SLSCO, based in Galveston, Texas, received a no-bid $350 million contract from California. This was the same company former President Donald Trump used to build the border wall along the border. Newsom had criticized the border wall and even pushed to file several lawsuits to halt its construction. According to a report, SLSCO staff gave COVID-19 services to about 60,000 migrants at five locations. Immigration advocates and health care leaders aren’t happy about the state’s partnership with SLSCO. KXAN

Child Allowed into U.S. for Urgent Cancer Treatment and Given Humanitarian Parole

Carlitos, a 2-year-old boy from Guatemala, was allowed to enter the U.S. from Tijuana in an ambulance. According to his attorney Hollie Webb, his story of kidnapping, expulsion, lack of access to medical care and a serious illness that without proper treatment could kill him, provided him with a rare outcome. Attorneys and doctors campaigned U.S. Customs and Border Protection officials to allow Carlitos and his mother, Ana, to cross into San Diego under a humanitarian parole to give him cancer treatment. CBP granted the request after an inquiry from The San Diego Union-Tribune. The two crossed into the U.S. Thursday evening to a hospital in San Diego. The San Diego Union-Tribune

Georgia Lawmakers Consider Immigration Solutions Amid Labor Shortages

Just like elsewhere in the U.S., Georgia is facing labor shortages as its economy recovers from the pandemic. A bipartisan group of lawmakers has been meeting to figure out how Georgia’s immigrants can help solve this problem and contribute to the state’s economy. They spoke with industry leaders and immigration advocates to learn what prevents immigrants from maximizing their participation in the workforce. According to Darlene Lynch, a representative of Georgia’s Business & Immigration Partnership, about 1 in 5 foreign-born Georgians with college degrees are either unemployed or employed in a low-wage job, which costs the state hundreds of millions of dollars in lost tax revenue per year. The Atlanta Journal-Constitution

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Biden Allowing Private Groups to Sponsor Afghan Evacuees, Small USCIS Staff Tackling Humanitarian Requests, Arizona Mayor Claims Migration Stresses Local Services

The Biden administration plans on revealing a program Monday that would let private groups sponsor Afghan evacuees and assist their resettlement in the U.S., three sources familiar with the plan told CBS News. According to a presentation describing the plan, groups of about five individuals could apply to become “sponsor circles” that would help Afghan refugees secure housing, basic necessities, financial support, legal counsel and medical services for about 90 days. This program would become an alternative to the traditional refugee resettlement process, which is overseen by nine national agencies and their local affiliates. The “Sponsor Circle Program,” a joint initiative between the Department of State and the Community Sponsorship Hub, oversees online applications from potential sponsors and helps connect them with refugees. CBS News

U.S. Citizenship and Immigration Services allocated just six employees to process roughly 14,000 humanitarian requests for Afghan evacuees seeking relocation last week, drawing condemnation from lawmakers. “That is completely and utterly unacceptable, and I call on USCIS to address the shortcoming immediately,” said Rep. Jim Langevin, (D-R.I.). As of Friday, that number jumped to close to 20,000 requests, which is 10 times more than the number of humanitarian applications submitted around the world in a typical year, said a USCIS official. In response to Langevin’s criticism, the USCIS official said the agency is assigning additional staff for the workload. VOA News

Yuma, Arizona, Mayor Douglas Nicholls (R) told a Washington, D.C. forum that the increase of undocumented immigrants is stressing health care and nonprofits that assist migrants in his town. “As these (migrant) numbers continue to increase, it’s going to be beyond their capability,” he said. “From that perspective we have real concern about our health care system holding up, our nonprofit system holding up, and even our economy.” His comments come as apprehensions of immigrants at the southern border are at their highest numbers in decades. Immigration advocates say those numbers can be misleading since they might represent one migrant who was stopped multiple times. They also argued that nonprofits were under stress due to the pandemic before immigration numbers increased in Trump’s last year in office. AZMirror

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Recently, I wrote about the heroic efforts of my friends Processor Erin Barbato and the UW Law Immigration Clinic and Professor Stephen Yale-Loehr and the Cornell Law Immigration Clinic to help Afghan refugees, including assistance filing applications for “humanitarian parole.” 

https://immigrationcourtside.com/2021/10/21/%f0%9f%91%8d%f0%9f%8f%bc%f0%9f%98%8e%f0%9f%97%bdmore-ndpa-news-immigration-guru-professor-stephen-yale-loehr-cornell-immigration-clinic-help-afghan-refugees-with-humanitarian-parole-requests/

https://immigrationcourtside.com/2021/10/21/%f0%9f%97%bd%f0%9f%91%8d%f0%9f%8f%bc%f0%9f%98%8endpa-news-amazing-practical-scholar-professor-erin-barbato-leads-uw-law-clinic-in-helping-afghan-refugees-ft-mccoy-wi/

I also questioned the unusually high $575 fee being charged by USCIS for these emergency humanitarian applications! Now, we find out that for this outrageously high fee, USCIS has assigned only a “skeletal staff” of six adjudicators to process those very predictable applications.  Undoubtedly, that will result in unnecessary backlogs and processing delays.

Ur Mendoza Jaddoul
Ur Mendoza Jaddou
Director, USCIS
PHOTO: PotomacLaw.com

These are the types of “X’s & O’s” practical problems that USCIS Director Ur Jaddou was hired to fix. So, she needs to “get on the stick” and fix this NOW!

A drastic increase in humanitarian parole applications and backlogs was totally predictable. Why is it only getting attention after it becomes a problem and draws public criticism? 

🇺🇸Due Process Forever!

PWS

10-25-21

☠️⚰️🏴‍☠️HAITI IS NOT “SAFE,” & THE PERVASIVE GANG VIOLENCE APPEARS TO BE POLITICALLY MOTIVATED! — “They raped women, burned homes and killed dozens of people, including children, chopping up their bodies with machetes and throwing their remains to pigs. . . . It was organized by senior Haitian officials, who provided weapons and vehicles to gang members to punish people in a poor area protesting government corruption!” — So, Why Are Biden, Harris, Mayorkas, & Garland Illegally Returning Refugees There Without Hearing Their Asylum Claims?  👎🏽🤮

 

 

Catherine Porter
Catherine Porter
Toronto Bureau Chief
NY Times
PHOTO: NY Times website
Natalie Kitroeff
Natalie Kitroeff
Foreign Correspondent
NY Times
PHOTO: NY Times

https://www.nytimes.com/2021/10/21/world/americas/haiti-gangs-kidnapping.html?referringSource=articleShare

By Catherine Porter and Natalie Kitroeff

They raped women, burned homes and killed dozens of people, including children, chopping up their bodies with machetes and throwing their remains to pigs.The gruesome massacre three years ago, considered the worst in Haiti in decades, was more than the work of rival gangs fighting over territory. It was organized by senior Haitian officials, who provided weapons and vehicles to gang members to punish people in a poor area protesting government corruption, the U.S. Treasury Department announced last year.

Since then, Haiti’s gang members have grown so strong that they rule swaths of the country. The most notorious of them, a former police officer named Jimmy Cherizier, known as Barbecue, fashions himself as a political leader, holding news conferences, leading marches and, this week, even parading around as a replacement for the prime minister in the violent capital.

. . . .

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

Read the rest of this gruesome, yet telling, report at the link.

Over 21 years on the Immigration Bench as both a trial and appellate judge, I adjudicated thousands of asylum claims. The circumstances described on this article undoubtedly would give rise to many potentially valid asylum and withholding claims, based on actual or implied political opinion and/or family or gender-based “particular social groups” and Convention Against Torture (“CAT”) grants based on torture with government acquiescence or actual connivance!

So, how do Biden, Harris, Mayorkas, and Garland, who to my knowledge have never represented an asylum applicant or adjudicated an individual asylum case among them, “get away” with simply suspending the rule of law, under false pretenses, for those entitled to seek asylum?

Stephen Miller must be on “Cloud Nine” as Biden & Co. carry out his White Nationalist plans to eradicate asylum, particularly when it protects women and people of color! This is even as Miller and his neo-Nazi cohorts (a/k/a “America First Legal”) are gearing up to sue the Biden Administration to block every measure that might aid immigrants, particularly those of color.

Stephen Miller Monster
He’s delighted with Biden’s abuse of  asylum seekers of color! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

By contrast with Miller’s delight, human rights NGOs have “had it” with the Biden Administration’s grotesque anti-asylum agenda! See, e.g.,https://m.dailykos.com/stories/2021/10/18/2058777/–We-refuse-to-be-complicit-Advocates-leave-Biden-admin-meeting-in-protest-of-Remain-in-Mexico-plan?detail=emaildkre

Haiti Corpses
NGOs don’t share the Biden Administration’s vision of what a “safe” Haiti looks like. Neither do kidnapped American missionaries!
PHOTO: Marcelo Casal, Jr., Creative Commons License

Angering and alienating your potential allies and supporters to aid the far-right program of your enemies who are determined to do whatever it takes to undermine, discredit, and destroy your Presidency! Obviously, I’m no political expert. But, sure sounds like an incredibly stupid, “designed to fail” strategy to me!

🇺🇸Due Process Forever!

PWS

1-23-21

☠️👎🏽GARLAND EOIR’S DISTURBINGLY BAD ANALYSIS IN YET ANOTHER ASYLUM CASE “OUTED” BY FIRST CIRCUIT! — Lopez Troche v. Garland

 

Dan Kowalski reports for LexisNexis Immigration Community:

http://media.ca1.uscourts.gov/pdf.opinions/20-1718P-01A.pdf

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca1-on-credibility-lopez-troche-v-garland#

“Mario Rene Lopez Troche (“Lopez Troche”), a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals (“BIA”) that affirms the denial of his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We vacate and remand. …  [T]he record does not reveal the claimed inconsistency between the testimony and the reasonable fear interview as to Lopez Troche’s reporting to police that the BIA identified. The BIA cited to three portions of Lopez Troche’s testimony in support of its determination that the IJ did not clearly err in finding an inconsistency between what Lopez Troche told the asylum officer during his reasonable fear interview and how he testified as to the reporting of past abuse. But, none of those passages supports the BIA’s determination. … Nor is it possible to read either the BIA or the IJ to have inferred from Lopez Troche’s failure to report to the police the specific incidents that he discussed in his testimony that he was asserting in that testimony that did not report any incidents of abuse ever. Neither the IJ’s opinion nor the BIA’s expressly purports to premise its ruling as to adverse credibility on the basis of such inferential reasoning, see Chenery, 318 U.S. at 95, and we do not see what basis there would be for drawing that inference on this record, given that, in his reasonable fear interview, declaration, and testimony, Lopez Troche discussed a series of traumatic physical and sexual assaults that he had experienced that appears to have stretched back to a time when he was eight years old and that thus encompassed many more incidents than those addressed specifically in the portions of his testimony on which the BIA focused. As a result, we must vacate and remand the BIA’s order affirming the denial of Lopez Troche’s request for withholding of removal.”

[Hats way off to PAIR Project Legal Director Elena Noureddine and Staff Attorney Irene Freidel!]

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Law students and attorneys of the NDPA are out there helping refugees every day. Meanwhile, over at Garland’s dysfunctional EOIR, Immigration Judges and BIA Appellate Immigration Judges strain to improperly “diddle the record” to deny relief to asylum seekers! Then, OIL defends them!

Essentially, in this case, the BIA “made it up and misrepresented the record” in an effort to deny asylum for specious reasons! Then, OIL tried to “blow it by” the Circuit! 

“[T]he record does not reveal the claimed inconsistency between the testimony and the reasonable fear interview as to Lopez Troche’s reporting to police that the BIA identified.” That’s “judgespeak” for: The BIA invented non-existent “inconsistencies” to unfairly deny asylum. Then, OIL defended that fabrication and denial of due process! What does this say about Garland’s leadership at DOJ?

Whatever happened to legal and judicial ethics? Clearly they were “deep sixed” under Sessions and Barr. But, why is Garland continuing to operate DOJ as an “ethics and quality free zone?”

This is a bad system with the wrong folks in too many judicial and leadership positions and presenting an overwhelming need for robust, bold change in how decisions are made and defended in Circuit Court. So far, Garland has not made the fundamental personnel changes and “quality upgrades” necessary to bring due process and some semblance of expertise and order back to his broken Immigration Courts! Why not?

Why are the kind of individuals who should be Immigration Judges and EOIR judicial leaders, talented lawyers like Elena and Irene, still “on the outside” rather than being actively recruited and brought in to replace those unable to perform judicial, administrative, and litigation duties in a fair, expert manner, that enhances due process? Why is EOIR still operating with a “judiciary” the majority of whom were installed by the Trump regime at Justice to “dehumanize, deport, and deter” without regard for due process? Why is OIL continuing to “defend the indefensible?” Why isn’t Congress asking Garland these questions?

Government lacking in expertise, intellectual honesty, professional ethics, and accountability is “bad government.” That’s true no matter which party holds power!

🇺🇸Due Process Forever!

PWS

10-21-21

BREAKING: ABSURDIST “IJ DASHBOARDS” HEADED FOR THE SCRAP HEAP? — New EOIR Director David Neal Reportedly Takes Prompt Action To Eliminate Wasteful, Counterproductive, Stress-Inducing “Big Brotherism” On The Bench!

Hon. David. L. Neal
Hon. David L. Neal
Director
Executive Office For Immigration Review
USDOJ
PHOTO: C-SPAN

BREAKING: ABSURDIST “IJ DASHBOARDS” HEADED FOR THE SCRAP HEAP? — New EOIR Director David Neal Reportedly Takes Prompt Action To Eliminate Wasteful, Counterproductive, Stress-Inducing “Big Brotherism” On The Bench!

By Paul Wickham Schmidt

Courtside Exclusive

Oct. 20, 2021

Sources in and outside of EOIR confirm that new EOIR Director “David Neal has ended the dashboard. Supposedly, new IJ quotas are coming, which will be presented as kinder, more humane quotas.”

The “IJ Dashboards,” inextricably tied to due-process-denying “deportation quotas” for Immigration Judges were one of the stupidest, most childish, and transparently counterproductive wastes of taxpayer money by the Trump regime at the DOJ. They were harshly criticized both internally and by outside commentators, including “Courtside.” Their ineffectiveness in reducing backlogs and their adverse effects on already “below basement level” IJ morale are matters of public record!

Shockingly, this wasteful abuse of technology was undertaken at a time when EOIR was continuing its two decade abject failure to implement a badly-needed and long overdue nationwide e-filing system. Who knows how many files and filings are actually floating around EOIR (“lost in space”)? EOIR incompetence means we might never know the full extent of the ongoing backlog disaster! Will David Neal become the first Director in more than two decades to actually solve this problem, rather than just scrambling to conver up failure?

Congratulations to Director Neal for “taking at least one small step for mankind.” We’ll wait to hear what he does to make “IJ quotas” more “kind and gentle.” 

The obvious “no brainer” answer is to eliminate them entirely. They could be replaced with realistic, non-mandatory “goals” or “guidelines” for deciding certain types of cases. This might provide helpful guidance for IJs in setting expectations and fairly and professionally handling clogged dockets, rather than ham-handed attempts at coercion and transparent “blame shifting.”

However those guidelines would have to be developed with input from the Immigration Judges themselves, counsel from both the private bar and DHS, and some true judicial experts — perhaps “on loan” from the Administrative Office for U.S. Courts, the Brennan Center, the ABA, and/or the FBA.

Past “goals and timetables” have been the product of political posturing and wishful thinking by those bureaucrats at DOJ and EOIR trying to shift blame and CTA for the failing system under their responsibility. The legitimacy of the process by which any guidelines are established is critical to making them realistic and helpful, rather than just another bureaucratic gimmick untethered to reality as past guidelines have been.

🇺🇸Due Process Forever!

PWS

10-20-21

⚖️ THE GIBSON REPORT — 10-11-21 — NYC Attorneys & Clients Bear Brunt of Garland’s Failure To Fix Immigration Courts 🤮 — “Aimless Docket Reshuffling” (“ADR”) Imposed By Clueless Administrators Frustrates Lawyers, Denies Due Process, Builds Backlogs! — Plus Lots Of Other Immigration News Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group!

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

ALERTS

 

Alien’s Change of Address Card

USCIS: Starting Dec. 7, 2021, we will only accept the 08/31/21 edition.

 

I-693 Vaccine Requirement

USCIS: Effective Oct. 1, 2021, applicants subject to the immigration medical examination must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. This guidance applies prospectively to Form I-693 signed by civil surgeons on or after Oct. 1, 2021.

 

USPS is about to charge you more for slower mail.

WaPo: Up until Oct. 1, the Postal Service said it should take no more than three days for a piece of first-class mail to be delivered anywhere in the country. After Oct. 1, it will take between two and five days. From Oct. 3 to Dec. 26, the Postal Service is raising prices on some products through a holiday season surcharge. The price hikes are modest for some products (30 cents more for first-class package service), a bit more for others ($1 more for parcel-return service, deliveries from consumers back to retailers), and heftier still for others ($5 more for priority mail, priority express mail, parcel select and retail ground services for items weighing between 21 and 70 pounds).

 

NYC Immigration Courts – Immigration Judge/Legal Assistant Directories (attached)

 

NEWS

 

‘A day without Latinx and immigrants’: Hundreds in Wisconsin expected to strike, march on Monday

NBC26: Organized by Voces de la Frontera, this action aims to increase economic and political pressure on President Biden, Vice President Harris and Congressional Democrats to deliver on their promise to pass a path to citizenship in the Build Back Better reconciliation budget bill this year.

 

Columbus Day Helped Italians Become ‘White’, Roxanne Dunbar-Ortiz Explains

Teen Vogue: This excerpt from “Not ‘A Nation of Immigrants’” explains how Italian immigrants used Christopher Columbus to assimilate to American culture and whiteness. For decades, Native Americans and their allies have demanded the end of celebrating Columbus, rightly characterizing him as a mercenary of the Spanish monarchy, an actor in and symbol of the onset of European genocidal colonization of the Indigenous Peoples of the Western Hemisphere.

 

3 US-based economists win Nobel for research on wages, jobs

WaPo: A U.S.-based economist won the Nobel prize in economics Monday for pioneering research that transformed widely held ideas about the labor force, showing how an increase in the minimum wage doesn’t hinder hiring and immigrants do not lower pay for native-born workers.

 

Governor Hochul Signs Legislation Protecting Undocumented Immigrants from Threats to Report Their Immigration Status

NYGov: Threats to report a person’s immigration status can currently be treated as a crime in cases of labor trafficking and sex trafficking, but were not previously treated as potential extortion or coercion offenses.

 

How Attorneys Wrangle New York’s Wildly Unpredictable Immigration Court Schedule

Documented: The courts have been pushing individual hearings forward often too soon for immigrants and attorneys to properly prepare. Individual hearings, particularly for asylum cases, require rigorous preparation both from immigrants, who must recount traumatic details of their lives for a successful case, and attorneys, who must submit dozens of pages of paperwork and work alongside their clients to equip them for the court date.

 

Anger in U.S. Customs and Border Protection as Biden administration’s vaccine mandate looms

WaPo: The NBPC does not encourage members to get vaccinated and has said it would like to file a legal challenge to Biden’s mandate that all federal employees be immunized by Nov. 22, but it has not yet found lawyers willing to take the case.

 

At Mexico-U.S. Security Talks, Migration Question Is Largely Avoided

NYT: As diplomats from both countries began negotiating a new security agreement on Friday, the focus was on stopping criminal activity while the border crisis was conspicuously sidestepped. See also The U.S. Is Organizing A $5 Million Gun Sale To Mexican Forces Accused Of Murder And Kidnapping.

 

Mexico police intercept 652 Central American migrants in three cargo trucks

Guardian: Almost 200 of the 652 migrants found in the white refrigerated trucks were unaccompanied children and teens, the police said in a statement.

 

Court tosses ban on private immigration jails in California

AP: A federal appeals court on Tuesday tossed out California’s ban on privately owned immigration detention facilities, keeping intact a key piece of the world’s largest detention system for immigrants.

 

Trump baselessly claims Haitian immigrants entering the US ‘probably have AIDS’ and letting them come in ‘is like a death wish’

Business Insider: During his appearance on Fox News, Trump repeatedly claimed that Haitians trying to enter the US are infected with AIDS… Contrary to his assertions, the prevalence of HIV among Haitian adults aged 15 to 49 is around 1.9%, according to data from the United Nations. While that’s higher than the global rate of 0.7%, reports say Haiti’s HIV prevalence rate has declined significantly in recent decades.

 

US resumes Afghan refugee flights after measles shots

AP: Afghan refugees will soon be arriving again in the U.S. after a massive campaign to vaccinate them against measles following a small outbreak that caused a three-week pause in evacuations, officials said Monday. See also Small nonprofits helping resettle Afghan evacuees say they need more foundation and government support.

 

LITIGATION/CASELAW/RULES/MEMOS

 

3rd Circ. Raps BIA For Cutting Proof From Vet’s Removal Case

Law360: A U.S. Air Force veteran has another chance to fight his deportation to Trinidad after the Third Circuit found that an immigration appeals board used the wrong legal standard to bar evidence that he may be tortured if deported.

 

CA9 Holds That BIA’s Summary Dismissal of Pro Se Litigant’s Appeal Violated Her Right to Due Process

AILA: The court held that, given petitioner’s status as a pro se litigant, her Notice of Appeal was sufficiently specific to inform the BIA of the issues challenged on appeal, and thus the BIA violated her right to due process by summarily dismissing her appeal. (Nolasco-Amaya v. Garland, 9/28/21)

 

9th Circ. Says Breadth Of Wash. Law Doesn’t Bar Deportation

Law360: The Ninth Circuit confirmed that a conviction under a state assault law criminalizing HIV transmission amounts to a federal “crime of violence” for the purposes of deporting a Salvadoran man who shot his friend, saying the key common ingredient is intent.

 

9th Circ. Rejects Calif. Ban On Private Prisons

Law360: A California law banning private immigration detention facilities and other private prisons doesn’t pass legal muster because it would impede the federal government’s immigration enforcement, a split Ninth Circuit ruled Tuesday, undoing a lower court’s decision to keep most of the law in place as litigation proceeds.

 

District Court Says DOS Acted Improperly in Suspending Visa Issuance Based on Regional Ban Proclamations

AILA: The court granted the plaintiffs’ motion for summary judgment, holding that DOS’s interpretation of several Presidential Proclamations to prevent U.S. consulates and embassies in those countries from adjudicating visas was unlawful. (Kinsley, et al. v. Blinken, et al., 10/5/21)

 

Government Reaches Settlement with Flores Plaintiffs to Pay $1.15 Million in EAJA Fees

AILA: The parties reached a settlement to resolve the plaintiffs’ Motion for Award of Attorneys’ Fees and Costs under the Equal Access to Justice Act (EAJA), in which the government agreed to pay $1,150,000 in attorneys’ fees and litigation costs. (Flores, et al. v. Garland, et al., 9/30/21)

 

Groups File Emergency Request Against the United States to the Inter-American Commission on Human Rights on Behalf of Asylum Seekers Expelled to Danger

CGRS: The Lowenstein Project at Yale Law School submitted today an emergency request for precautionary measures against the United States on behalf of asylum seekers who face grave dangers because the Biden administration continues to illegally block and expel them. The request was submitted under Article 25 of the Rules of Procedure to the Inter-American Commission on Human Rights (IACHR).

 

2 States Ask Full 5th Circ. To Block Biden’s Curbs On ICE Ops

Law360: Texas and Louisiana called on the full Fifth Circuit to reinstate a block on the Biden administration’s policy curbing immigration enforcement operations, saying Thursday that the federal government was ducking its obligation to arrest noncitizens convicted of serious crimes.

 

Ex-Gaddafi Worker Sues Feds Over Asylum Waiting Times

Law360: A Libyan man formerly employed as a government worker under the Gaddafi regime and his wife have filed suit in Michigan federal court against the federal government and the Chicago asylum processing center, saying five years is too long to wait for an asylum interview.

 

Afghan Ally Sues State Dept. To Bring Kids To US

Law360: An Afghan man who worked with the U.S. government in the Central Asian country told a California federal court that the U.S. Department of State failed to protect his children from the Taliban while their visa applications are processed.

 

Sens. Intro Bill Barring Warrantless Device Searches At Border

Law360: A bipartisan group of senators announced new legislation this week that would require law enforcement to obtain a warrant before searching Americans’ digital devices at the border.

 

Feds Want DACA Appeal Paused Until New Rule Is Finalized

Law360: The Biden administration asked the Fifth Circuit to shelve its appeal of a lower court order blocking the federal government from approving new applications to the Deferred Action for Childhood Arrivals program while it firms up the details of a replacement rule.

 

ORR Announcement of Inflationary Increase to Refugee Cash Assistance Program Payment Ceilings

AILA: Office of Refugee Resettlement (ORR) announcement of an inflationary increase to the Refugee Cash Assistance program’s monthly payment ceilings, effective October 1, 2021. (86 FR 54466, 10/1/21)

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

Monday, October 11, 2021

Sunday, October 10, 2021

Saturday, October 9, 2021

Friday, October 8, 2021

Thursday, October 7, 2021

Wednesday, October 6, 2021

Tuesday, October 5, 2021

Monday, October 4, 2021

 

 

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Shifting cases around without working with the parties in advance to insure that the new dates are achievable is totally insane! No experienced practitioner or expert would “run the railroad” this way! But, Garland does!

To state the obvious, many attorneys practice in multiple jurisdictions and are already fully or heavily booked. Additionally, my experience was that “move ups” without consultation with both parties, including ICE ACC, often resulted in missing ICE files, unavailable witnesses, unavailable interpreters, or incomplete fingerprint reports which caused additional unnecessary continuances and yet more “ADR.”

“Motions to continue” are not the answer. The system is already backlogged. In an obvious denial of due process, it actually discourages Immigration Judges from granting reasonable continuances in a number of ways, including bogus “case completion quotas” and onerous requirements for justifications for granting continuances. It’s ADR on steroids!

An obvious solution, ignored by Garland and his subordinates:

  1. Return “docket control” to the local Immigration Judges where it has always belonged;
  2. Have Immigration Judges and Court Administrators work cooperatively with the local bar, the ICE OCC, and NGOs, in advance, to come up with rational scheduling procedures that meet everyone’s legitimate needs;
  3. Encourage ICE and the local bar to work cooperatively to identify cases that can potentially be moved up for “short hearings.” Let the parties, who have a strong joint interest in rational dockets, propose the solutions, rather than having politicos impose them from above through clueless agency bureaucrats who are unqualified to “micromanage” dockets!

The real fundamental problem here: Garland is improperly trying to “run” his huge, dysfunctional court system with bureaucrats and politicos who have no recent “real life” experience representing individuals in Immigration Court.  

Garland’s inexplicable determination to eschew appointing “progressive practical experts’ with the skills and courage to fix this system has become a (totally unnecessary) national disgrace!

Star Chamber Justice
Judge Garland’s gross mismanagement of EOIR is “ratcheting up the pressure” on practitioners in NYC and across the nation!

🇺🇸Due Process Forever!

PWS

10-12-21

🇺🇸🗽MAINELY HELPFUL: Maine Immigration Attorneys, Communities Reach Out To Afghan Refugees, Even As Evacuation Ends With Far Too Many Left Behind!  — Our Obligation To Help Refugees Does Not End With The Last Troop Departure!

From the Portland Press Herald:

https://www.pressherald.com/2021/08/30/afghans-attorneys-in-maine-anxiously-work-to-help-families-evacuate-by-deadline/

LOCAL & STATE Posted 4:00 AM

Afghans, attorneys in Maine anxiously work to help families evacuate by deadline

With the evacuation deadline looming Tuesday, Afghan Americans in Maine and their lawyers struggle to bring loved ones to safety.

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BY KELLEY BOUCHARDSTAFF WRITER

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23 COMMENTS

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Masuma Sayed, a member of Maine’s Afghan-American community, is struggling to help family members flee Afghanistan before Aug. 31. Ben McCanna/Staff Photographer

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A trio of parakeets fills Masuma Sayed’s home in Portland with soft tweets as she recalls her recent visit to Afghanistan.

She returned to her native city of Kandahar in May, her first trip back in 28 years. She visited her mother’s grave, where as a teenager she would release birds that she bought in a shop on the way to the cemetery. Her mother loved birds, and so does she.

Sayed, 43, did not release birds when she was at her mother’s grave in May. Her heart was heavy, burdened by the memory of the evening that Taliban members burst into her family’s home and killed her mother and older sister, leaving behind their bullet-riddled bodies. Her sister was targeted because she was about to marry a soldier in the ruling government.

Her mother’s last words were whispered pleas to cover her sister’s face and bring her a cup of water.

Through the years, Sayed has lost 10 family members at the hands of the Taliban, including a brother-in-law and his brother, who were killed in June because they worked as contractors with U.S. forces. She’s trying to save more than 20 family members from a similar fate.

“Now I am the voice of my family,” Sayed said. “They cannot speak for themselves.”

Sayed is among a small but committed group of Afghan Americans, immigration lawyers and other Mainers who are anxiously trying to help evacuate people from Afghanistan by Tuesday’s deadline. There are about 50 to 70 Afghan families in Maine, or about 500 people, some of whom came here after helping U.S.-led forces oust the Taliban from power in 2001.

It’s a frustrating, confusing and rapidly changing situation that has called for extraordinary collaboration and sharing information across the country and the globe. Social service agencies and church groups in Maine are pitching in, doing what they can to provide assistance from 6,500 miles away.

“We know there is a huge humanitarian crisis going on and a lot of people in need,” said Sally Cloutier, chief operating officer at The Opportunity Alliance, a social service agency in Portland.

The Opportunity Alliance hosted a Zoom meeting last Thursday with Afghan Americans and other Mainers who are desperately trying to assist in the evacuation. Cloutier and her staff offered to support Afghan families in their efforts and pledged to hold a follow-up meeting this week to learn what more can be done.

. . . .

Jennifer Atkinson Esquire
Jennifer Atkinson, Esquire
Damariscotta, ME
PHOTO: Law firm

“This is a rapidly evolving and extremely fluid situation,” said Jennifer Atkinson, an immigration lawyer in Damariscotta who is helping a Portland family that is trying to get loved ones out of Afghanistan.

“We’re certainly learning every day, every hour,” said Philip Mantis, legal director at the Immigrant Legal Advocacy Project in Portland.Without necessary paperwork, financial resources and commercial flights, getting out of Afghanistan is extremely difficult and dangerous, the lawyers explained.

Atkinson, who is helping her Portland clients pro bono, said she was discussing various options with them, including how their family members might “go to ground” and stay safe while in hiding. Trying to get out through Pakistan or other border crossings would be extremely “dicey,” Atkinson said.

One Afghan woman spoke tearfully during the meeting through an interpreter. She said her husband and son were waiting at Kabul’s airport, and that a nephew had been seriously injured but was unable to get medical care amid the chaos.

Immediately after the meeting, Atkinson put the woman in touch with an organization that is connecting Afghans who need medical care with doctors and nurses who are still in Afghanistan and willing to help. As of Friday, the boy was on his way to a hospital. Further information was unavailable.

“People are coming out of the woodwork to help,” Atkinson said. “We’re all trying to do everything we can to get people out.”

Atkinson said an email network has developed, including immigration lawyers and others across the United States and beyond, who are trying to expedite evacuations. All are searching for clear, verifiable information on how to get documentation and secure a safe flight out of the region.

RELATED

A Bates College senior from Kabul helps save her family from the Taliban

“We’re getting information second or third hand, so we’re never sure exactly what’s going on,” Atkinson said. “Many of us are acting as travel agents as well as attorneys.”

Margaret Stock, Esquire
Margaret Stock, Esquire
Anchorage, Alaska
PHOTO: Law firm

One person providing clarity and straight answers on that email network is Margaret Stock, an immigration and citizenship attorney in Anchorage, Alaska. She’s also a retired Army lieutenant colonel and a top expert in noncombatant evacuation operations like the one that’s been happening in Afghanistan.

Stock said the U.S. government has spent million of dollars developing strategies and training personnel to properly plan and execute evacuations of U.S. citizens and allies when ending a military action or withdrawing from a threatened area. The Department of Defense published a 200-page manual on how to do it in 2010 and updated it in 2015.

“They don’t seem to be following the manual,” Stock said Thursday in a phone interview.

Stock said the manual calls for various government branches and nongovernmental organizations to form a planning task force as soon as an evacuation date is known. The Trump administration negotiated a withdrawal agreement with the Taliban in February 2020 that excluded the Afghan government, freed 5,000 imprisoned Taliban soldiers and set May 1, 2021, as the final withdrawal date.

Stock said she helped the Department of Homeland Security organize the first task force-type planning meeting for the Afghanistan operation, which was held last Wednesday. The Department of Defense wasn’t included, she said.

“They should have had that meeting a long time ago,” Stock said. “I was asking them to have it back in February. The minute (former President Trump) said we were going to pull out, they should have started planning.”

Some aspects of the evacuation seem to have gone relatively well so far, Stock said, such as the actual military airlifts out of Kabul. But the United States shouldn’t have given up Bagram Air Base, which would have been a more secure airlift center than Kabul’s airport, she said. And it should have developed a comprehensive roster of everyone who needed to be evacuated and how best to get them out.

Stock also questioned why U.S. citizens were allowed to travel to Afghanistan as the evacuation date neared, including a group of exchange students. And she noted the lack of planning for special circumstances, such as young children who might lack necessary passports. Last week, an Afghan woman was turned away at the airport because her baby, a U.S. citizen by her American husband, didn’t have a passport, Stock said.

“There’s a lot of fear right now,” Stock said. “People are facing a terrible decision to sit tight and hope things get better, or try to get to the airport and hope to get out.”

. . . .

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Read the complete article at the link.

Maine has been welcoming to refugees from all countries. And, with good reason! The Maine economy is heavily dependent on the skills of refugees and other migrants.

Sadly, too many we might have saved were left behind. https://www.washingtonpost.com/opinions/2021/08/30/evacuation-may-be-ending-americas-responsibility-afghan-friends-left-behind-is-not/

While our military is out, the human trauma is still unfolding. The refugee flow is likely to continue long after the fall of Afghanistan, just as it did with with Vietnam, at the time I started my Government service at the Legacy INS. The inadequacy of the procedures then in effect led to the Refugee Act of 1980. 

Our current effort is hampered by the illegal and immoral destruction of the refugee admission program by Trump nativists. But, the Biden Administration has been dilatory in restoring functionality, and has disturbingly failed to maximize the use of all available tools and avenues for refugee admissions under the Refugee Act of 1980.

Spojmie Nasiri,
Spojmie Nasiri, Esquire
San Francisco, CA
PHOTO: Law firmQ!

Spojmie Nasiri, an Afghan American immigration attorney in the Bay Area, said several of her clients are stuck in Kabul and more resources are needed to assist those arriving in the U.S.

“You don’t get people out in 11 days,” she said. “We’re going to see the catastrophe of this for decades to come.”

https://click.email.latimes.com/?qs=eb18f936dca65058507db94589f8ea73bec2984425c8abd1eeacda7d2444113f9420d386225ad486181085b4bed866c4cf2d22683ccc8d6c

Tragically, Afghan allies who trusted our Government might well pay with their lives for our failure to live up to our promises and obligations.

🇺🇸🗽Due Process Forever!

PWS

08-31-21

🗽🇺🇸R.I.P. DALE SCHWARTZ (1942-2021) — “ORIGINAL DUE PROCESS WARRIOR” — “Dale was a force to be reckoned with.”

Dale Schwartz ESQUIRE
Dale Schwartz, Esquire
1942-2021
PHOTO: avvo.com

 

https://www.aila.org/about/announcements/in-memoriam/dale-m-schwartz

In Memoriam: Dale M. Schwartz

AILA Doc. No. 21083004 | Dated August 30, 2021

Immigration attorney, champion for the underdog, and dedicated family man Dale Marvin Schwartz, 79, of Sandy Springs, died suddenly and peacefully on August 27. Born to parents Florence and Sanford Schwartz on August 20, 1942 in Columbus, Georgia, Dale graduated from Winder Barrow High School, entered college at age 17, and ultimately received a Bachelors and a Law degree from the University of Georgia. He was married for 56 years to his college sweetheart, Susan Ellis Schwartz, and adored his three daughters, Lori (Allan) Peljovich, Leslye Schwartz, and Laine (Greg) Posel, his nine grandchildren, and his sweet puppy, Ruthie.

Dale was a force to be reckoned with. In his early years, he worked with Alex Cooley to promote rock concerts at Lake Spivey, interned for Senator Richard Russell in Washington, DC, before being recruited by Governor Carl Sanders to Troutman Sanders, where he became a partner and head of the immigration group. In 1995 he opened his own specialty immigration law practice, in which he remained active until his death. He was an adjunct professor of law at Emory for many years.

Dale was a tireless advocate for immigrants, refugees, and those without a voice. He joined John Lewis in the lunch counter sit-ins in Nashville, worked tirelessly to acquire a pardon for Leo Frank, represented the Mariel Cubans in the Atlanta Federal Penitentiary, and started the Secret Santa program for children in the Fulton County DFCS system. Dale lent his heart, voice and leadership skills to a plethora of organizations: He served as President of JF&CS Atlanta, National Board Chair of HIAS, Atlanta Board Chair and National Commissioner at ADL, President of American Immigration Lawyers Association (AILA), co-founder of the American Immigration Council non-profit, and founder of the Young Democrats chapter at UGA.

Dale’s passing leaves a great hole in the hearts of many. He had friends throughout the world because of his numerous hobbies, including photography, HAM radio, and model train collecting. He will most be remembered for his larger than life personality, wit, storytelling, travel adventures, and his not-for-primetime jokes. He was a leader, advocate, mentor, teacher, colleague, friend. But most importantly, he was a son, brother, husband, father, and proud grandfather.

Dale’s full obituary can be found here.

Cite as AILA Doc. No. 21083004.

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I knew Dale well. He sued us often during my “Legacy INS” tenure.

Throughout years of spirited and often emotional litigation, we always remained on cordial terms. Eventually, during my “private practice phase,” we ended up “on the same team” on a number of business immigration issues. 

Always generous with his time and advice, Dale loved to “talk immigration law,” and usually had a cite, sometimes to long forgotten, yet right on point, precedents or policy statements.

Dale’s was truly a “life well lived.” And, he inspired many, many members of today’s “New Due Process Army.”🗽⚖️🇺🇸

🇺🇸Due Process Forever!

PWS

08-31-21

🗽UR JADDOU R U LISTENING? — “The Asylumist” Jason Dzubow Has Ten Practical Suggestions For Putting The “Service” Back In USCIS, Now!

 

Jason Dzubow
Jason Dzubow
The Asylumist

https://www.asylumist.com/2021/08/11/ten-suggestions-for-the-new-uscis-director-ur-jaddou/

USCIS has a new Director. Ur Mendoza Jaddou is the daughter of a Mexican immigrant and an Iraqi immigrant. She started her career on Capitol Hill working for pro-immigrant Congresswoman (and former immigration attorney) Zoe Lofgren, and later served in the Department of Homeland Security during the Obama Administration. Ms. Jaddou spent her Trump-Administration exile as a law professor at American University. Earlier this year, President Biden nominated her to direct USCIS. The Senate confirmed her nomination on July 30, 2021 and she assumed the directorship last week.

In her first news release, Director Jaddou states–

As a proud American and a daughter of immigrants, I am deeply humbled and honored to return to USCIS as director. I look forward to leading a team of dedicated public servants committed to honoring the aspirations of people like my parents and millions of others who are proud to choose this country as their own. USCIS embodies America’s welcoming spirit as a land of opportunity for all and a place where possibilities are realized.

Since January, USCIS has taken immediate steps to reduce barriers to legal immigration, increase accessibility for immigration benefits, and reinvigorate the size and scope of humanitarian relief. As USCIS director, I will work each and every day to ensure our nation’s legal immigration system is managed in a way that honors our heritage as a nation of welcome and as a beacon of hope to the world; reducing unnecessary barriers and supporting our agency’s modernization.

As we look to the future, I am excited for the work ahead and ready to roll up my sleeves to implement Secretary Mayorkas’ goals and the priorities of the Biden-Harris Administration to ensure that the work of USCIS lives up to our nation’s highest values.

I do not know Director Jaddou personally, but I have heard good things about her for several years now, and so her appointment is a cause for optimism. That said, she has her work cut out for her. From my perspective as an asylum attorney, USCIS is a disaster. There are so many problems that need fixing, it is difficult to know where to begin. Luckily, I am here to offer some suggestions. These will focus on asylum and “asylum adjacent” issues. Without further ado, here are ten great ideas for Director Jaddou–

pastedGraphic.png

The new USCIS Director, Ur Jaddou, reveals her plan for the agency.

Say Goodbye to LIFO and Hello to FIFO: I’ve written extensively about the unfair and unpredictable nature of the “Last In, First Out” system for affirmative asylum interviews. Due to LIFO, asylum applicants who filed years ago have still not received an interview and have little hope of ever seeing their cases resolved. Living in these uncertain circumstances, often separated from family members, is psychologically traumatizing. We need a system that is fair and predictable, so applicants and their attorneys know when to expect an interview and have time to prepare in advance. FIFO (“First In, First Out”) and the Asylum Office Scheduling Bulletin provides more predictability and more notice to asylum seekers. While we’re discussing asylum interviews, we also need rules about expediting asylum cases, so those with the most compelling needs are able to schedule their interviews more quickly.

Reasonable Security Background Checks: Security background checks at the Asylum Office often cause significant delays. Sometimes, these delays stretch on for years, with no real explanation. The worst affected people seem to be men from Muslim countries, but others suffer from these delays as well. We never see such delays in Immigration Court. Why? According to a former Asylum Division Director, it’s because there are different systems at the Asylum Office and in court. These systems should be harmonized so that background checks for asylum cases are completed in the same timely manner as background checks in court.

Overhaul the Texas Service Center: The TSC is a nightmare. Processing times are through the roof (for example, the processing time for an I-485 is up to 62.5 months or 5+ years! Contrast that to the processing time for the same form at the NSC, which is “only” 17 months). The TSC also routinely rejects cases for nonsensical or incorrect reasons. They sometimes “disappear” cases, and Valhalla help you if you ever want to add a dependent to an existing asylum case. These problems and others have been ongoing for years. It’s time–in fact, long past time–for a top to bottom re-do of the TSC.

Reform the Forms: USCIS forms are inconsistent with each other, confusing, too long, and culturally insensitive. I’ve written more extensively about this problem, but the short answer is that the forms need a major overhaul. While we’re at it, maybe we can make all forms available for online filing.

Asylum Office Websites: Speaking of online, it’s high time that the Asylum Offices had functional, informative websites that actually help asylum seekers understand the process and navigate the system. In fact, a few years ago, I offered a re-design of the Asylum Office website. Now would be a terrific time to implement my ideas!

Extend the Validity of the Refugee Travel Document: The RTD is valid for only one year. If you want to renew this document before your current RTD expires, you have to mail in the original (unexpired) RTD. As a result, asylees (and lawful permanent residents who received status through asylum) are left with long periods of time when they are either prevented from traveling or are forced to use their home country passport, which could have negative implications for their status. Why not make the RTD valid for five or 10 years? That would give asylees and refugees the ability to safely travel and return to the United States.

Make Advance Parole Easier: For most applicants with an asylum case pending, the only way to travel outside the U.S. and return is with Advance Parole. Unfortunately, AP is difficult to get because an applicant must show a “humanitarian” need for the travel, and USCIS can be strict on this point. Also, the AP document is valid for unpredictable periods of time. There was a time, during the salad days of the Obama Administration, when USCIS basically accepted any “humanitarian” reason as valid for travel. We should return to that system. Also, the AP document should be issued for a longer period of time and for multiple trips. AP would be less necessary if asylum cases took months. But they take years. And asylum seekers often have very valid and important reasons for travel, even if those reasons do not always meet USCIS’s definition of “humanitarian.”

Make EADs Easier: Last summer, the Trump Administration made it more difficult for asylum applicants to get their EADs. The change has been partly blocked by a court, but it is still significantly more work for an asylum applicant to get an EAD today, and some applications are being rejected. Also, the processing time for EADs keeps getting longer, and so many people are left with gaps in work eligibility when they try to renew their work permits. USCIS should return to the pre-Trump system for obtaining an EAD while asylum is pending. Also, because processing times are so long, applicants should be permitted to apply earlier for their initial EAD and their renewals. Better yet, USCIS should just send an EAD to every asylum applicant automatically and this EAD should be valid for the duration of the asylum case (dare to dream!).

Automatic Green Cards for Asylees: It should not take years for an asylee to obtain a Green Card. All asylees have undergone extensive investigation and background checks. Also, many asylees have already spent years waiting to obtain asylum. USCIS should be able to quickly process Green Card applications for such people. Even better, USCIS should automatically issue the Green Card after one year with asylum (and an updated background check).

Prioritize Follow-to-Join Asylee Petitions: Many people who receive asylum have been separated from close family members for years. Often times, those family members are living in unsafe conditions. Currently, the I-730 process is very slow (processing times range from 15 to 28 months + additional time for consular processing). These cases should be given a higher priority by USCIS, so asylee families can be re-united as quickly as possible.

So there you have it. If you have additional ideas, please leave them in the comments below. You never know who might see them. And to Director Jaddou, if you are reading this, I am sorry to give you so much homework! And thank you in advance.

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As we know, the “Trump/Miller Era” Directors of USCIS, Cissna & Rogue (Non)Director “Cooch Cooch the Illegal” worked diligently to eradicate all vestiges of “customer service” from the USCIS “mission.” They turned it into an incompetent and highly inefficient adjunct of ICE Enforcement, even while squandering resources to such an amazing extent that what once had been a self-supporting service agency, one of the few in Government,  became a bankrupt “budget black hole.” 

Of course, focusing USCIS primarily on enforcement was also a direct contradiction of the Congressional intent in placing immigration enforcement and immigration benefits in separate agencies when dismembering the “Legacy INS” and establishing DHS!

Many of the best suggestions for achievable fixes and improvements to the Federal immigration bureaucracy come from practitioners who deal with its “mission failure” on a daily basis. Sadly, these practical suggestions all too often are pushed aside in favor of preconceived bureaucratic assumptions, ideological agendas (see, Trump kakistocracy), political goals often largely unrelated to immigration, and unrealistic “blueprints” that have little relation to either reality or practicality. 

I hope that Ur will listen to “practical experts” like Jason and others and make the very achievable changes necessary to restore customer service and some semblance of order and lawfulness to our legal immigration system at USCIS.

🇺🇸Due Process Forever!

PWS

08-13-21

⚖️TAL @ SF CHRON GETS ACTION ON SEXUAL HARASSMENT @ EOIR & REST OF DOJ! — Report on Problems In Immigration Courts Finally Spurs Positive Response! — But Biden Continues To Flail Around Unnecessarily On Restoring Asylum & The Rule Of Law At Our Borders! — Where Is The Enlightened Progressive Leadership We Need?

Tal Kopan
Tal Kopan
Washington Reporter, SF Chronicle

https://www.sfchronicle.com/politics/article/Justice-Department-to-overhaul-its-sexual-16352255.php

WASHINGTON — The Department of Justice will examine its sexual harassment policies for potential reform, a move that comes after The Chronicle’s reporting on inappropriate behavior in the immigration courts, according to an announcement obtained by the newspaper.

The announcement went out to all department staff Thursday in an email seen by The Chronicle. In it, Deputy Attorney General Lisa Monaco wrote it was “critical to our duty as principled defenders of the law to combat sexual harassment and misconduct in our own workplace and hold offenders accountable for their actions.”

Monaco said she is forming a committee to review all sexual harassment policies of the many sub-agencies of the Justice Department and assess where they may need to be changed, as well as evaluate current training and education. Two senior officials from her office will chair the effort and include members from across the department, and she said she wanted results of the review in six months.

. . . .

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Thanks, and congrats, Tal! Those with access can read the rest of Tal’s report at the link.

How very timely! I just got done posting an article about the need for better Immigration Judges. https://immigrationcourtside.com/2021/07/30/%e2%9a%96%ef%b8%8f%f0%9f%a7%91%f0%9f%8f%bd%e2%80%8d%e2%9a%96%ef%b8%8f-why-better-immigration-judges-matter-new-study-shows-that-who-your-judge-is-where-he-or-she-is-located-what-administ/

Not surprisingly, according to the research, the fairest Immigration Judges for asylum applicants and other migrants “profile” as female, with immigration experience, in the 9th Circuit, in a Dem Administration. Not exactly the Sessions, Barr, Garland (to date) judicial profile. That could have something to do with these festering problems at EOIR that haven’t been dealt with despite numerous warning signs and “alerts.”

Also, the Garland DOJ would do well to investigate and correct the effects of the virulent misogyny directed at female refugees of color by Sessions, Barr, and their toadies and furthered by EOIR policies, procedures, and precedents over the past four years. Endemic problems don’t happen by chance! 

According to the Ryo-Peacock study I posted, the “difference” that better Immigration Judges could make is over 200,000 lives potentially saved or altered for the better. That’s not exactly “chump change,” particularly when the interests of family members, employers, communities, our larger justice system, and our overall society are considered. 

It also calls into question the apparent lack of seriousness with which “Team Garland” has taken Immigration Judge appointments to date. Throwing dozens of “not the best qualified available” IJs — without any concerted recruitment or diversification efforts —  into an already broken, biased, and reeling system that deals with human lives in a cavalier manner is NOT GOOD POLICY! Particularly when the chronic problems of bad judging at EOIR had been clearly and articulately identified and many viable action plans and reform programs had been set forth by private sector experts even before the 2020 election.

EOIR needs new progressive leadership, a new progressive expert BIA that will truly be the “Supreme Court” of immigration and human rights, and better qualified and more diverse Immigration Judges who finally will implement the noble and correct vision of “through teamwork and innovation, being the world’s best tribunals guaranteeing fairness and due process for all!” That would include treating all individuals coming before the courts, staff, and colleagues with dignity, respect, and fairness.

Sadly, the Biden Administration’s immigration policies, whatever they are on any particular day and place, seem to be mired in confusion, questionable competence, and a barrage of largely meaningless and confusing bureaucratic doublespeak. Meanwhile, in reality, it appears that Central Americans, Haitians, and others are being returned to danger zones without any process in place to insure fair treatment. Certainly, “Title 42” is the equivalent of no process whatsoever. While “expedited removal” might have the potential to be used fairly, there is little reason to believe that it is now being fairly and professionally administered by anyone committed to fundamental fairness over expedient enforcement.

Yes, Garland has sued racist moron Gov. Greg Abbott on his illegal Trumpist grandstanding (like Texas doesn’t have real problems to solve?). Stunts like Abbott’s were entirely predictable. However, if the Biden Administration had “hit the ground running” on asylum, the issue might well have been put to bed by now, and Abbott might have to focus instead on his normal job of mis-governing Texas, rather than focusing attention elsewhere.

The Administration could and should have had a robust refugee system up and running in the Northern Triangle that would reduce border pressure, a functioning asylum system that would encourage asylum applicants to apply at ports of entry rather than seeking irregular entry, a professional screening program in place at DHS, and a relatively “backlog free” Immigration Court, led by a progressive BIA, providing positive guidance on cases that could be granted. They would also have resettlement agreements and programs in place with NGOs and legal service groups to appropriately represent and resettle those granted asylum and those in the process to the locations where they could best reside. 

Fair, expert, courageous leadership, leadership with a humane, positive, practical vision of immigration and an unswerving commitment to fairly granting asylum, is critical to success on immigration, human rights, and racial justice issues. So far, nobody in the Biden Administration appears to fit the bill! That’s probably why the Administration’s confused and ever-vacillating policies are being blasted by both progressives and reactionaries — the worst of all political worlds, as I have observed before!

There are experts out here in the private sector with the vision and leadership ability to solve these problems while putting White Nationalist restrictionists like Abbott in their place. Even though it’s late, the Biden Administration still needs to get a better team in place and let them solve the problems with knowledge, competence, and compassion, not more “knee-jerk reactions” and continuations of the cruel, inhumane, counterproductive, and often illegal policies and practices of the Trump regime.

🇺🇸Due Process Forever!

PWS

07-31-21

⚖️🧑🏽‍⚖️ WHY BETTER IMMIGRATION JUDGES MATTER — New Study Shows That Who Your Judge Is, Where He Or she Is Located, & What Administration Is In Power Makes A Big Difference In Favorable Outcomes For Migrants — Even Universal Representation Might Not Be Able To Overcome Bad Judging At EOIR!

 

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3885995

Represented But Unequal: The Contingent Effect of Legal Representation in Removal Proceedings

Law & Society Review

63 Pages Posted: 15 Jul 2021

Emily Ryo

University of Southern California Gould School of Law

Ian Peacock

University of California, Los Angeles (UCLA)

Date Written: July 13, 2021

Abstract

Substantial research and policymaking have focused on the importance of lawyers in ensuring access to civil justice. But do lawyers matter more in cases decided by certain types of judges than others? Do lawyers matter more in certain political, legal, and organizational contexts than others? We explore these questions by investigating removal proceedings in the United States—a court process in which immigration judges decide whether to admit noncitizens into the United States or deport them. Drawing on over 1.9 million removal proceedings decided between 1998 and 2020, we examine whether the representation effect (the increased probability of a favorable outcome associated with legal representation) depends on judge characteristics and contextual factors. We find that the representation effect is larger among female (than male) judges and among more experienced judges. In addition, the representation effect is larger during Democratic presidential administrations, in immigration courts located in the Ninth Circuit, and in times of increasing caseload. These findings suggest that the representation effect depends on who the judge is and their decisional environment, and that increasing noncitzens’ access to counsel—even of high quality—might be insufficient under current circumstances to ensure fair and consistent outcomes in immigration courts.

Keywords: access to justice, immigration courts, removal proceedings, judicial decisionmaking

Suggested Citation:

Ryo, Emily and Peacock, Ian, Represented But Unequal: The Contingent Effect of Legal Representation in Removal Proceedings (July 13, 2021). Law & Society Review, Available at SSRN: https://ssrn.com/abstract=3885995

Download This Paper

Open PDF in Browser

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Some things to consider:

  • Sessions and Barr appointed over half of the current approximately 550 U.S. Immigration Judges; 
  • Many of those appointed had little or no immigration experience — almost none had actual experience representing asylum seekers or any other migrants in Immigration Court;
  • With 27 IJ appointments since taking office, AG Garland now has appointed approximately 5% of the Immigration Judiciary;
  • Only one of Garland’s first 27 appointments has impressive progressive immigration credentials and experience;
  • The balance of Garland’s appointees to date profile much like Sessions’s and Barr’s — not surprising, because Garland used the same flawed recruiting and selection criteria that Barr had been using;
  • The average U.S. District Judge completes approximately 250 civil matters annually (including immigration matters), https://trac.syr.edu/tracreports/judge/501/;
  • An Immigration Judge is required to complete 700 cases annually, just too retain his or her job;
  • Unlike most civil cases in U.S. District Courts, lives and futures are at stake in almost all Immigration Court cases, with the family, communal, economic, and societal effect of each decision often extending far beyond the individual migrant whose life and/or future is at stake.

Members of the NDPA, let AG Garland, VP Harris, and President Biden know that we need a better and more aggressively progressive system for recruiting (virtually “null” right now — “Sir Jeffrey” Chase and I, along with other members of our Round Table, do more “recruiting” among “practical scholars and progressive experts” in the private sector than the Administration!), selecting, training, and retaining Immigration Judges for these life or death determining positions that, in a better functioning and wiser Administration, would be the door to, and training ground for, a better, more diverse, more representative, more progressive Article III Judiciary!

Lack of creative and aggressive recruiting for a better and more diverse expert Immigration Judiciary is a particular sore point! We now have our first immigrant family, African-American, AAPI, female Vice President, Kamala Harris, a talented lawyer! She has an important immigration and human rights portfolio!

So why  isn’t she out there aggressively encouraging diverse, well-qualified, progressive “practical scholars and immigration advocates,” many of whom might not have seen themselves as potential Immigration Judges and BIA Members to apply for these critical jobs? Why aren’t the recruiting and selection criteria for IJs and Board Members both more transparent and involving of some outside expert input!  

As VP Harris knows, the key to changing the composition of the power structure is for progressives, particularly female progressives of color, to see others like them in these positions to act as role models. It’s going to take aggressive positive actions by individuals like VP Harris, AAG Gupta, and Assistant AG Clarke to “change the face” of the Immigration Judiciary and the power structure for the better!

With the recent hiring of NDPA superstar Professor Cori Alonso Yoder, VP Harris’s alma mater, Howard University Law, now has it’s most high-profile “immigration and human rights presence” ever! Why isn’t VP Harris over there aggressively encouraging Howard Law grads to seek careers in immigration and human rights, eventually aspiring to the the Federal Judiciary, including the Immigration Judiciary? That’s how real change in the power structure happens!

This is becoming a totally inexcusable “blown opportunity” for progressives! Who knows if or when it will come again?

🇺🇸Due Process Forever! 

PWS

07-30-21

⚖️😎👍🏼DUE PROCESS PROGRESS! — House EOIR Appropriations Bill Contains $50 Million For Representation Of Kids & Families Seeking Asylum!

 

Kids in court
“This is due process?”
PHOTO: The Daily Beast

From: Jennifer Quigley <QuigleyJ@humanrightsfirst.org>

Subject: Fw: [EXT]-Good news on funding for legal representation!

Date: July 16, 2021 at 9:40:20 AM EDT

To: Asylum Working Group <asylum-working-group@googlegroups.com>

ICYMI

From: Greg Chen <GChen@aila.org>

Sent: Friday, July 16, 2021 9:30 AM

To: amigos@theimmigrationhub.org <amigos@theimmigrationhub.org>

Subject: [EXT]-Good news on funding for legal representation!

Email originates externally.

Greetings colleagues,

Yesterday House Appropriations Committee passed the CJS appropriations bill for FY 2022 for the Justice Department and other agencies. Importantly, the bill includes a historic $50 million for DOJ to pilot legal representation programs for people in removal proceedings. This is a big step for federal funding for legal counsel. Hooray!

Kudos to all the organizations in the working group on legal representation and access to counsel who have been fighting for this.Of course, we don’t have the money yet and will need to protect this language in the House and get comparable language, hopefully even more funding in the Senate. We have collectively been pushing for $200M.

The bill and draft report language are below.Collected resources on legal representation are available here: Ensuring Legal Representation for People Facing Removal. i

Committee-passed bill text on legal representation:

“(29) $50,000,000 for a grant pilot program to provide legal representation to immigrant children and families seeking asylum and other forms of legal protection in the United States;

Committee-passed report language on legal representation:

“Legal Representation Pilot for Immigrant Children and Families.—The Committee provides $50,000,000 for the Department to establish a competitive grant program to qualified non-profit organizations for a pilot program to increase representation for immigrant children and families in civil proceedings. The amount is $35,000,000 above the request and $50,000,000 above the fiscal year 2021 level. The Committee recognizes the compelling need to ensure due process for children and families who seek asylum and who must navigate a complex legal system for processing of asylum claims. The Committee supports coordination with grantees and organizations who offer other types of legal assistance or services to immigrants seeking asylum or other forms of legal protection. As with any new pilot program, the Committee expects the Department to assess this program with metrics that will be scaled appropriately to evaluate how this initial investment could be further enhanced to represent a larger portion of un-represented individuals and the impact that it may have on improving attendance rates and decreasing court costs. Within 90 days of enactment of this Act, the OJP shall brief the Committee on its implementation plan for this pilot.

Gregory Z. Chen, Esq.

Senior Director of Government Relations

Direct: 202-507-7615 I Cell: 202.716-5818 I Email: gchen@aila.org

American Immigration Lawyers Association

Main: 202.507.7600 I Fax: 202.783.7853 I www.aila.org

1331 G Street, NW, Suite 300, Washington, DC 20005

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Congrats to all involved! Let’s keep up the momentum until we get universal representation!

🇺🇸Due Process Forever!

PWS

07-16-21

⚠️🚸V.P. HARRIS IS GOING TO THE BORDER: SHE SHOULD TALK WITH THE REAL VICTIMS OF HER GOVERNMENT’S, ILLEGAL, WRONG-HEADED, IMMORAL, AND INEFFECTIVE BORDER DETERRENCE POLICIES — Avoid The CBP “Dog & Pony Show,” & The GOP’s Cowardly “Gunboat Cruz” — Cross Over The Border, View The Human Rights Catastrophe We Have Created, Understand People Have A Right To Seek Legal Refuge, & Fix The Legal Asylum System At Ports Of Entry & Immigration Courts With Humane, Practical Experts! — “The vice president seems to have bought into the… I can’t use another word, but the nativist party line, that somehow these immigrants are the cause of the problem when, in fact, they’re the victims of multiple problems in many cases.” — Stop Blaming, Shaming, & Dehumanizing The Victims & Start Fixing Our Asylum System & Solving The Problems That Force Them To Migrate!

“Floaters”
“Sadly, over the last two decades the US has been unable to get beyond this vision of ‘deterrence’ of legal asylum seekers.“ — Floaters — “How The World’s Richest Country Responds To Asylum Seekers”
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)
Vice President Kamala Harris
Vice President Kamala D. Harris
Vice President of the United States. — “So far, she hasn’t gotten beyond the mistakes of the past, either. Taking a tour with CBP won’t help.”
(Official Senate Photo)

https://www.americamagazine.org/politics-society/2021/06/17/vice-president-kamala-harris-us-mexico-border-immigration-unaccompanied

J.D. Long-Garcia writes in America Magazine:

Last week, Ms. Harris traveled to Guatemala to meet with President Alejandro Giammattei and expressed the Biden administration’s goal to “help Guatelmalans find hope at home.” During a press conference on June 7, she told Guatemalans thinking of making the journey north to the United States: “Do not come. Do not come.”

pastedGraphic.png“O.K., that’s like saying, ‘Stay home and die,’” according to the Rev. Pat Murphy, a Scalabrini priest who runs the Casa del Migrante shelter in Tijuana, Baja California. “That message is falling on deaf ears.”

If Ms. Harris does travel to the border, Father Murphy said, she should be sure to make a visit to the Mexican side. “If she just stays on her side, she’s not going to find much,” he said.

In Tijuana, Ms. Harris would see a camp of 2,000 asylum seekers near the port of entry, Father Murphy said. “If she looked a little further, she would see the people who are victims of violence in Tijuana and Mexicali and other places,” he said. Migrants may be eager to escape bad situations in their home countries, Father Murphy said, but they often do not understand how difficult conditions at the border are “until they’re stuck in the middle of [a border city] with no place to go.”

“You can’t understand [border realities] by talking to government officials. You have to talk to the people who are working with migrants and hear about the suffering.”

At diminished capacity because of the pandemic, migrant shelters are full. The United States has started to accept some vulnerable people, like families with children with an illness or those being persecuted because of their sexual orientation, Father Murphy said. But there are also hundreds deported every day.

He believes if the vice president did decide to visit the border, it would be worth her while. “You can’t understand [border realities] by talking to government officials,” Father Murphy said. “You have to talk to the people who are working with migrants and hear about the suffering.”

. . . .

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies

Donald Kerwin, the executive director of the Center for Migration Studies in New York, also noted that people have a right not to migrate—to stay in their home country. He sees immigration policy as an arena for a fruitful convergence of Catholic social teaching, international law and contemporary human rights principles.

The Biden administration’s recognition of the forces that drive migration should be applauded, but it can address root causes while re-establishing humane asylum policies at the border.

“States are responsible for ensuring that people can flourish at home,” he said. “But it’s an empty right at this point in many communities in the Northern Triangle countries. They’re facing impossible conditions, caused by natural disasters, climate change, gang violence and extraordinary poverty. So people have a right to flee those impossible conditions and seek lives that are worthy of human dignity. In some cases, that means leaving their countries.”

When they do leave their home countries, people have the right to seek protection wherever they can find it, Mr. Kerwin said. “The vice president seems to have bought into the… I can’t use another word, but the nativist party line, that somehow these immigrants are the cause of the problem when, in fact, they’re the victims of multiple problems in many cases.”

The United States needs a functioning refugee resettlement system, an asylum system and robust humanitarian programs to address the conditions in Central America that are driving people to migrate, he said. “They’re not in place right now,” Mr. Kerwin said, “and until they are in place, people will reluctantly, at a terrible cost…continue to migrate.”

If Ms. Harris visits the border, Mr. Kerwin suggested she speak with migrants that have entered the United States, starting with the children. “Find out why they’ve come, what drove them to the United States and also see what their situation is currently, in often overcrowded facilities,” he said. “At that point, it would be clear as day that these folks are not a problem. These folks fled terrible problems, but they themselves are not the problem.”

Earlier this month, more than 20 bishops, Vatican representatives and leaders of Catholic organizations met for an emergency immigration meeting at Mundelein Seminary, outside of Chicago. Mr. Kerwin, who attended the meeting, said organizers displayed notes written by immigrant children, often addressed to God.

“It’s clear from reading these notes that these are lovely children, who miss their parents and worry about them and are in difficult situations that are not of their own making. And that the United States should do right by them,” he said. “And the right thing is to protect them and reunify them with family members.”

Chloe Gunther, America intern, contributed to this story.

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Read the full article at the link.

Politicians of both parties are averse to the truth. They don’t have the courage and backbone for it! But the truth is quite simple, if somewhat “inconvenient.”  

Unless and until we can solve the problems driving refugees to flee the Northern Triangle, we will have to take more of them. We should welcome them through an orderly legal system, including a robust, properly staffed, and honestly administered legal refugee and asylum system. 

Alternatively, we could continue our current policies of immorally and illegally killing some on the journey, “snuffing” some in the desert (where their bodies might never be found and “counted”), and enriching smugglers and cartels who will eventually get many determined survivors into the interior. 

There, they will join our highly exploitable, yet politically expedient for both parties (for differing reasons), “extralegal population.” A  limited number will be “in the wrong place at the wrong time” and be arbitrarily removed by ICE, usually at costs that far exceed any demonstrable benefits. Even fewer will commit misconduct leading to their arrest and removal.

But the bulk of them will blend in somehow and do what’s necessary for themselves and their families to survive, as has been happening for decades and generations. They will also enrich and improve our nation in ways both predictable and unpredictable. Some will eventually find it possible and advantageous to return to their nations of origin, most won’t. 

It would be far better for both the migrants and our nation, not to mention humanity as a whole, if we included the bulk of those forced to come here in our legal immigration system. But, whether we are enlightened enough “to do it the right way” or not, they will come as long as the alternatives are starvation, death, unspeakable abuse, and unending despair. 

Migration is both our oldest and most persistent human phenomenon and an essential survival skill for humanity. It’s going to take more than inane walls, cruel and illegal imprisonment in American Gulags, unworkable laws, mindless, yet expensive, enforcement, nativist rhetoric, bad judges, and cowardly politicians sending “don’t come” messages to make them “die in place.” Our politicians might be not be bright or brave enough to face reality — but, I guarantee that the forced migrants we like to dehumanize and look down upon are much smarter, braver, more aware, and far more creative, adaptable, and capable than we think!

🇺🇸🗽⚖️Due Process Forever!

PWS

06-24-21