BORDER COMMUNITIES TO TRUMP: No Crisis, No Wall – But, We Would Welcome More Resources & Tech For Ports Of Entry – So, Why Not Do The “Smart” Thing?

https://apple.news/AFgN6O-3GTKCkf_cjqYFDjg

Gina Martinez reports for Time:

President Trump Went to a Border Town to Prove They Need a Wall. Residents Say Otherwise

‘We have never supported the wall,’ says a spokeswoman for the Texas Border Coalition

Gina Martinez

President Trump spent Thursday in McAllen, Texas attempting to make his case for a border wall, but members of the Texas Border Coalition — including McAllen’s mayor — say an investment in a wall is the wrong choice.

On Thursday, Trump hosted a roundtable at a McAllen Border Patrol station with Secretary of Homeland Security Kirstjen Nielsen, local law enforcement officers and local officials including McAllen Mayor Jim Darling. Displayed in front of the President was a table filled with seized contraband, which included over $300,0000 in cash, “gold-plated and diamond encrusted” machine guns and large amounts of methamphetamine and heroin. U.S. Customs and Border Patrol (CBP) agents pointed out all of the items were spotted or apprehended at various legal ports of entry and checkpoints, including Laredo POE.

CBP officers also showed Trump blown-up photos of tunnels that were dug to get guns and drugs across the border. Neither border patrol agents nor President Trump explained how a border wall would help stop the flow of drugs through tunnels and legal ports of entry.

McAllen Mayor Jim Darling, who is not affiliated with a political party, tells TIME that even if it was not Trump’s intention, the roundtable appeared to make the case for increased funding at legal ports of entry instead of the wall.

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“I thought that showed that ports of entry are working,” he says. “I understand he’s trying to make a point, I’m a little theatrical myself, most politicians are. I understand that, I understand why someone would say ‘Okay, those were all confiscated at the point of entry, so what’s that gotta do with people crossing the river?’”

Darling says he was glad that the President expanded on the concept of a “wall” by mentioning it could include further investments in areas like infrastructure and technology.

“You know it was kind of interesting, today the President said, ‘When I’m talking about a wall, I don’t just mean a wall,’ and I thought metaphorically that was true, but it was nice to hear him say that,” Darling says.

He says Trump mentioned that roads, infrastructure, and technology, along with what the President has deemed a humanitarian “crisis,” was a new approach to the wall situation: “It was good that the discussion was being had.”

Darling says he does not know where the mentioned investments in infrastructure fall in the $5.7 billion in funds the President is requesting for the wall: “He had to flesh that out, you presume from his presentation it is there somewhere but I’ve never seen that, it’s always been just the wall.”

Meanwhile, Julie Hillrichs, spokeswoman for the Texas Border Coalition, a group of border mayors (including Darling), county judges and border communities focused on issues that impact border quality of life for more than 2.5 million people, tells TIME the Coalition believes the real way to increase security at the border would not be a wall, but increased investment in the legal ports of entry that already exist in their area.

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“We have never supported the wall,” Hillrichs says. “The Border Coalition has consistently over the years stated we believe the wall is a wasted investment.”

Trump’s demand for $5.7 billion in funding for a border wall is at the center of the partial government shutdown. During his Oval Office address to the nation on Tuesday, Trump characterized the situation at the border as a “growing humanitarian and security crisis.” Trump claimed that Americans were being put at risk by the influx of illegal immigrants and drugs pouring across the border, despite statistics showing there has been a decrease in people caught crossing the border and most drugs that are smuggled into the country come in through legal ports of entry.

Top congressional Democrats have declined to allocate funds for Trump’s wall, arguing that Trump is manufacturing a “crisis,” and talks to end the shutdown have stalled.

Darling tells TIME he also takes issue with the situation at the border being described as a “crisis.”

“We don’t feel a crisis in our city,” Darling says. “That’s one of the problems with just saying there’s a crisis on the border: It affects border towns. We’re a vibrant area. McAllen is the safest city in the state of Texas, and we’re right on the border, so that kind of rhetoric resonates and sells newspapers, but it hurts our area.”

“I want to emphasize all the discussions about danger and crisis … We live day to day in a very safe community and all our people feel that way. We had no murders last year in a city of 150,000,” Darling adds.

Residents and leaders in the community say they are looking for real solutions for immigration. McAllen, located in the Rio Grande Valley, is home to 143,000 residents, and houses the country’s largest immigration processing center: U.S. Border Patrol Central Processing Center — also known as “Ursula.”

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Residents are making their thoughts on Trump’s visit known in unconventional ways.

Bert Guerra, co-owner of Cine El Rey, a theater in McAllen, customized the marquee to read “Welcome to McAllen 7th safest city in America.” (In 2018, Niche ranked McAllen at 20th safest.)

Guerra tells TIME that he felt an obligation to share the statistic to get a message across about how he says the majority of the community feels about the notion that the city is dangerous.

“We’re about eighty-five percent Hispanic in the Rio Grande Valley, so I think we have a decent poll of what a majority of the people feel like,” Guerra said. “Unfortunately, we had to put that sign up just to start a conversation: Is this so bad that we have to shut down the government? Are people going amok in our backyards? They’re not.”

Visit TIME.com

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BINGO:  Pretty much what I’ve been saying a “real” border security package should look like:  https://wp.me/p8eeJm-3yt

So why not do a $6 billion package along these lines?

Trump could claim that “It’s a wall.” (Facts never matter to him and his supporters.)

Dems could claim they enacted a “Smart Border Security Package.” (Thus gaining credibility on border security.)

Border residents would get what they really want and need.

Protracted litigation over taking border residents’ property would be avoided.

Government workers could go back to work.

American taxpayers would actually get something useful for their money.

Sounds like a winner! Why not?

PWS

01-10-19

 

 

SISTER NORMA PIMENTEL: A MESSAGE TO TRUMP FROM THE REAL BORDER

https://www.washingtonpost.com/opinions/2019/01/10/welcome-border-mr-president/

Sister Norma Pimentel in WashPost:

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

Dear Mr. President,

We welcome you to our community here in South Texas along the Rio Grande, which connects the United States to Mexico. I wish you could visit us. Our downtown Humanitarian Respite Center has been welcoming newcomers for the past four years.

When families cross the border, they are typically apprehended by authorities, held for a few days and released with a court date to consider their request for asylum. After they are released, we receive them at our respite center. By the time they find their way to our doors, most adults are wearing Border Patrol-supplied ankle bracelets and carrying bulky chargers to keep those devices powered up.

Helping these families has been our work since 2014, when tens of thousands of people, primarily from Guatemala, Honduras and El Salvador, crossed into the United States through the Rio Grande Valley Sector, creating a humanitarian emergency in our community. Before the respite center opened, dozens of immigrant families, hungry, scared and in a foreign land, huddled at the bus station with only the clothes on their back, nothing to eat or drink, and nowhere to shower or sleep. They waited hours and sometimes overnight for their buses.

Every day of the year, from morning to evening, families coming over the border are welcomed at our center with smiles, a warm bowl of soup, a shower and a place to rest. Most families are exhausted and afraid, carrying little more than a few belongings in a plastic bag. They come in all forms and at all ages. Few speak any English. Most are in great need of help. Some days, we see 20 people. Other days, it’s closer to 300. In recent weeks, it has been very busy. Some stay a few hours, but many spend the night before heading on to new destinations. Since we opened, more than 100,000 have come through our doors.

We work closely with the U.S. Customs and Border Protection Rio Grande Valley Sector, and our team has cultivated a culture of mutual respect and dialogue. Our center staff, in communication with the Border Patrol, prepares to receive groups of immigrants who have been released. We try to meet the need. It is vital that we keep our country safe, and I appreciate the work of the men and women in the U.S. Customs and Border Protection who are vigilant as to who enters our country. I pray for them daily.

Later in the day, you will meet some of the children who are playing in our small play yard and the mothers and fathers who are watching over them. Some will be resting, as for many of them this is the first place since they left their home countries where they feel safe.

In the evening, another group of volunteers arrives to cook and serve a simple dinner of pizza or tacos, beans and rice, Sometimes local restaurants donate the dinner. Either way, the families who will remain for the night have a meal and prepare to sleep. In the morning, we send them on their way, a little better off but armed with a sign (that we give them) that reads: “ PLEASE HELP ME. I DO NOT SPEAK ENGLISH. WHAT BUS DO I TAKE? THANK YOU FOR YOUR HELP!”

As the Most Rev. Daniel E. Flores, bishop of our diocese, says, “We must put human dignity first.”

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This is a more accurate picture of Central American asylum seekers which reflects the inspirational qualities of courage, ingenuity,  perseverance, gratitude, and industry that I found in the most of the asylum-seeking individuals and families I came in contact with over my years at the Arlington Immigration Court.

Also, Sister Norma paints a more sympathetic picture of the U.S. Border Patrol which reflects some of my experiences when I worked with them at the “Legacy INS.”

Imagine what even a few billion (or even a few million) dollars invested in humanitarian assistance like that provided by Sister Pimentel and her organization could do as opposed to wasteful spending on more largely useless walls and wasteful and inhumane detention centers.

Walls, jails, prosecutions, threats, and disingenuous de-humanizing rhetoric are not effective or acceptable ways of dealing with a humanitarian crisis.

PWS

01-10-19

GONZOISM LIVES: Whitaker Delivers “Gonzo Apocalypto Like” Racially Tinged Xenophobic Rant On Immigration Enforcement, Including Bogus Stats and False Narratives — Targets U.S. Courts For Upholding Constitution & Rule Of Law Against White Nationalist Assault!

https://apple.news/ALcj5KtVpQ-6BYe6egb-ipw

R.G. Ratcliffe reports for Texas Monthly:

The word had come down from the U.S. Department of Justice last summer: people who enter the country without authorization are to be referred to as “illegal aliens,” not “undocumented immigrants.” So when Acting Attorney General Matthew Whitaker was in Austin Tuesday to give a pep talk to the U.S. attorneys there, and he referred to these immigrants ten times as “illegal aliens,” and once resorted to a slang term that is sometimes considered racist as he described Austin as a Top 20 city, with “over 100,000 illegals” living in the area.

Immigrant advocates for years have tried to dissuade people from using terms like “illegal alien” or “illegal immigrant” because a person cannot of themselves be illegal. A person can commit an illegal act, such as entering the country without authorization or in violation of the law. Terms such as these, advocates say, dehumanize immigrants. The Associated Press in 2013 removed the term “illegal alien” from proper usage for journalists for this very reason.

But the Department of Justice memo says that since the word “undocumented” does not appear in the U.S. Code, attorneys and public information officers should refer to people who enter the country illegally as “illegal aliens.” In the most literal sense, this may be true, but it also advances the Trump Administration’s efforts to portray all immigrants who enter the country illegally as part of a force of darkness.

“More important than the financial cost we pay is the cost we pay in American lives. Massive illegal immigration makes all of us less safe,” Whitaker told the attorneys.

“We know that the vast majority of the cocaine, methamphetamine, heroin, and fentanyl that are killing record numbers of Americans was not made in this country. It came over the Southern border. We also know that vicious gangs like MS-13 recruit new members from the tens of thousands of unaccompanied minors who cross our border illegally every year. The result is that Americans die every year because we do not have a secure Southern border.” He did not mention that MS-13 got its start on the streets of Los Angeles.

Whitaker pointed to the case of Juan Lopez in Austin. Lopez last month was sentenced to 49 years in prison for raping a family friend as the woman’s child watched. Lopez had been deported after serving a sentence for homicide and then re-entered the country illegally. “It is a crushing failure to secure our border and just one example of where we can do better.”

Without giving exact details, Whitaker said the U.S. Border Patrol had apprehended more than 50,000 people in the past two months who have crossed the U.S. border illegally from Mexico, including 23,000 people in family units. “That’s the size of a small city every single month.” He said the estimated 11 million people living in the United States illegally is equal to the population of Georgia.

Whitaker repeatedly emphasized the prosecution of people who enter the country illegally, but he never mentioned President Trump’s push for a border wall. He did, however, criticize federal courts that have blocked Trump’s efforts to block immigration.

Whitaker took no questions from the news media gathered for the event. It was one-way messaging. Journalists did not have a chance to ask about the wall or whether Whitaker thought the millions of people already living in the country illegally should be deported. We didn’t get a chance to ask whether immigration reform laws would ameliorate the situation. There were no questions about reports that he is under consideration to serve as the president’s chief of staff, or the status of a Department of Justice investigation into whether Interior Secretary Ryan Zinke used his office for personal gain.

Whitaker’s time in office is short. Former Attorney General William Barr has been nominated by Trump to replace former Attorney General Jeff Sessions. But while he holds the office, Whitaker should know a news conference without questions is just a dog and pony show that depends on media complicity.

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Here’s the “full text” of Whitaker’s Speech: https://t.co/KeNU8OQXJd

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  • Whitaker continues to spread the false narratives attempting to connect migrants with increased crime and drug trafficking; there is no such documented connection;
  • Whitaker also tries to connect migrants with gang activities; but, it’s much more likely that an asylum applicant from the Northern Triangle will be fleeing from gangs than a member of one;
  • Whitaker ignores the U.S.’s own role in both creating the gang problem in the Northern Triangle (it actually was “deported” from Los Angeles, as noted by Ratcliffe) and following questionable strategies to combat gangs in both the U.S. and the Northern Triangle;
  • The vast, vast majority of the 11 million or so undocumented individuals in the U.S. are not criminals; at worst, they are just seeking safety and a better life for themselves and their families, very understandable human tendencies; even assuming that they ultimately don’t belong here, why intentionally demean and dehumanize them by using the racially tinged term “illegal alien” and “illegals,” rather than treating them with the respect and humanity due all human beings;
  • The comparison between the “State of Georgia” and the number of undocumented individuals is directly out of one of Sessions’s inflammatory speeches to EOIR; the real point is that undocumented individuals are like our “51st state” — they contribute much to our economy and society (just ask those who worked for Trump) and ask for relatively little — Trump and the GOP have routinely and disgracefully exploited their labor and contributions while denying their fundamental humanity;
  • Well over one million of the undocumented population are actually here with legal permission: mainly through DACA and TPS; while the Administration would like to terminate those programs, they have not yet been able to do so; consequently, the individuals are not here “illegally” — they can’t be removed until their current status is terminated.
  • Whitaker mis-states the asylum approval rate: it’s actually 35% for 2018, not “a five-year average of 20%” as Whitaker falsely claims (since the 35% was a “recent low” the real five-year average per TRAC is much higher, well in excess of 40% — indeed up until FY 2016, asylum approvals actually exceeded denials, until the Trump Administration started interfering with the system); for the Northern Triangle it’s 23%, 20%, and 18% for El Salvador, Guatemala, and Honduras respectively, multiples of Whitaker’s false claim of 9%; and the “allowed to remain in the U.S.” for asylum applicants from El Salvador, Guatemala and Honduras whose cases were decided by Immigration Judges during FY 2018 were 31%, 25%, and 24% respectively);
  • More important, except for the restrictionist right, nobody familiar with our asylum system doubts that the approval rate for the Northern Triangle would be much higher, perhaps twice as high or more, if individuals were 1) given reasonable access to lawyers; 2) time to gather evidence and prepare their cases; and 3) had their claims adjudicated by a fair, impartial, apolitical, independent judges, well-trained in asylum law, and committed to the generous principles established by the Supremes in Cardoza-Fonseca (not today’s politicized and captive EOIR);
  • Many of those denied asylum, whether properly or not, clearly face harm or death upon return — but, Whitaker doesn’t admit that we’re really knowingly returning individuals to possible death;
  • Actually the Federal Courts are the ones upholding the “rule of law” against the efforts of biased, unqualified, political hacks like Whitaker who are committed to carrying out a racist, White Nationalist agenda that mocks our Constitution and our national values.
  • As noted by Ratcliffe, Whitaker lacked the guts to take questions; not really surprising for someone so committed to various false and misleading narratives.

The appointment of Whitaker as Acting AG is every bit as much of a national disgrace as the tenure of White Nationalist Jeff “Gonzo Apocalypto” Sessions. That Trump’s next AG Bill Barr called Sessions “outstanding” does not bode well for the rule of law, or the legal rights and human dignity of people of color and other vulnerable groups who are the most in need of those protections.

Fortunately, the New Due Process Army is in the field and “ready for action” against the further abuses planned by Whitaker and Barr.

PWS

12-12-18

THE HILL: RUTH ELLEN WASEM WITH SOME SAGE ADVICE ON THE CARAVAN — But, Is Anyone In The Administration Actually Interested In The Truth?

https://thehill.com/opinion/immigration/413206-caravan-hysteria-is-unwarranted-many-more-have-come-before

The hysteria over the caravan of Central American asylum-seekers traveling north towards the United States is spiraling out of proportion. A calm review of the facts and the historical context of migration from this hemisphere make clear that the United States has the laws and policies in place to respond humanely — in keeping with our values and our laws.

There are varied estimates of the number of people in the caravan, ranging from the Mexican government’s estimate of 3,630 migrants to the United Nations spokesperson’s estimate of 7,000 migrants. According to the Washington Post, Mexican officials report that they have processed 1,700 asylum cases. Whether the caravan will grow in numbers or dissipate remains to be seen.

Cuba long has been a source of asylum-seekers, as Haiti has been. In 1980, for example, a mass migration of asylum-seekers, known as the Mariel boatlift, brought approximately 125,000 Cubans and 25,000 Haitians to South Florida over a six-month period. In 1992, the U.S. Coast Guard interdicted 37,618 Haitians who had set sail to the United States and took many of them to Guantanamo Bay Naval Base. While the treatment of the Haitians was not our finest hour as a nation, we did pre-screen those at Guantanamo for credible fear and return others to Haiti with the option of in-country refugee processing. The estimates of migrants in the caravan are comparable to the number of Cubans (7,163) the U.S. Coast Guard and Border Patrol picked up in fiscal year 1997.

The civil wars in Central America during the 1980s prompted asylum-seekers that numbered in the hundreds of thousands. Data on asylum cases filed with the then-Immigration and Naturalization Service (INS) show that about 126,000 Nicaraguans, 126,300 Salvadorans and 41,942 Guatemalans applied for asylum in the United States from fiscal year 1981 through 1990.

In the aftermath of Hurricane Mitch in November 1998, then-Attorney General Janet Reno designated temporary protected status (TPS) for unauthorized Hondurans and Nicaraguans in the United States. In 2001, the George W. Bush administration decided to grant TPS to Salvadorans following two earthquakes that rocked El Salvador. The number of Central Americans who received these various temporary protections approached 270,000.

For those who are fearful that bad actors are hiding amid the asylum-seekers in the caravan, rest assured that U.S. Customs and Border Protection (CBP) puts all such migrants through rigorous border security screening systems. CBP collects biometric data, performs background checks, and runs them through a host of criminal and national security databases.

Lest we forget, border apprehensions of all irregular migrants (including asylum-seekers) are now at historic lows. From a peak of 1.6 million in fiscal year 2000, the U.S. Border Patrol apprehended just under 304,000 last fiscal year. Research conducted by Stephanie Leutert at the University of Texas found that in fiscal year 2017 less than 0.1 percent of those apprehended — 228 migrants — were members of the MS-13 gang.

We do not need to send military troops to the border; rather, we need to adequately staff the asylum offices and immigration courts at the border. Funding for asylum officers and immigration judges has not been commensurate with the substantial increases in border security funding, despite the obvious interconnections among these functions. We also need to reinstitute in-country refugee processing in El Salvador, Guatemala and Honduras, and extend it to include adults as well as minors. Cutting assistance to Mexico and Central America — which President Trump suggests would punish the source countries into stopping the migration — most likely would exacerbate the underlying problems and increase the number of people fleeing north.

It’s time to calm down and remember that we are a nation of laws and a people of values. We can handle this.

Ruth Ellen Wasem is a clinical professor of policy at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. For more than 25 years, she was a domestic policy specialist at the U.S. Library of Congress’ Congressional Research Service. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration.

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Right on, Ruth! Couldn’t agree with you more. But, sadly, I doubt that anyone in this Administration is paying attention. They aren’t trying to solve the problem. Rather they see the humanitarian plight and misfortune of others as an “opportunity” to promote and advance their White Nationalist agenda of lies, racism, and fear mongering to “energize their base” in advance of the midterms (and also to divert attention from Trump’s failure to deliver on his promise to build that wall).

But, setting the record straight is always a good idea even when it falls on deaf ears. Someday, we will have wiser leaders who will be generally interested in understanding the past and using its lessons to build a better future for everyone!

PWS

10-26-17

POPULATION OF TENT CITIES IN TRUMP’S “KIDDIE GULAG” HAS INCREASED 5X – The Solution, According To Trump, Sessions, Nielsen, & Miller: Detain Even More Children & Families For Longer Periods Of Time!

https://www.buzzfeednews.com/article/amberjamieson/tornillo-tent-city?utm_term=.oolylVZRJr#.oolylVZRJr

Amber Jamieson reports for BuzzFeed News:

TORNILLO, Texas — Having immigrant teens live in the “tent city” in Tornillo, Texas, was always supposed to be a temporary solution, after the Trump administration’s policy of separating immigrant families at the border meant the government didn’t have enough beds in the shelter system.

It opened in June, and the contractor running the site had a 30-day contract. At that time, 326 children were being housed there.

But four months after its opening, the shelter 30 miles outside of El Paso has grown into a bustling town. It now holds nearly five times its initial population — roughly 1,500 teens — and its contract has been extended until at least Dec. 31.

The tent city’s purpose has changed as well. Officials at the Department of Health and Human Services, the federal agency responsible for the care of unaccompanied child immigrants, say none of the teens currently housed there were detained as a result of family separations. It now holds immigrant children who crossed the border without an adult, in theory as a last stage of their stay in the vast US shelter bureaucracy.

And as the shelter expands, administrative issues have cropped up concerning legal representation and FBI background checks — extending many teens’ stays longer than what HHS says is the average.

Tornillo now has a new football field, math and English classes, and more than 100 tent structures. Staffers zipped around in carts between dozens of portable offices offering mental health services, emergency medical care, legal services, and even a barber. A huge emergency tent has been turned into a sleeping hall for 300 teenage girls, decorated with paper chains and lanterns.

BuzzFeed News toured the Tornillo facility for the second time on Friday, as part of a group of reporters. Like the first and only other tour, instructions were strict. No photographs or recording devices were allowed, and reporters were not permitted to use the names of employees or speak with the teens living at the camp — though HHS was more lenient on the last rule during Friday’s tour. The only photos were provided by the government.

The facility in Tornillo, Texas.

HHS

The facility in Tornillo, Texas.

“I frankly thought we were done here in July,” the facility’s incident commander, who works for the contractor BCFS, told reporters Friday. He spoke from a new command center that is nearly triple the size of the office he occupied in June.

Back then, the same incident commander, who is in charge of running the shelter, called the Trump administration’s family separation policy — which created the need for Tornillo — “an incredibly dumb, stupid decision.” With the rollback of that policy, he said he expected the camp to shut soon afterward.

“I’m still here, ’cause otherwise, where are these kids going?” the commander said.

Only children between ages 13 and 17 stay at the Tornillo facility, which is now the largest in the HHS’s nationwide system. Pregnant teens, and teens requiring behavioral medication, are not allowed — “we’re too big, too high-profile,” the incident commander explained.

Officials said the average length of time that teens spend at Tornillo is 25 days. Yet many of the teens living at the camp have spent weeks or even months in HHS shelters before arriving at Tornillo. In order to clear out those other facilities, teens are sent to the tent shelter to await final processing before they are released to a sponsor in the US.

“This is a last stop, if you will,” said Mark Weber, a spokesperson for HHS.

Ten teens in Tornillo BuzzFeed News encountered had spent between three to five months in government detention — significantly more than the 59 days that HHS says is the average stay for an unaccompanied immigrant minor in its care. That average is up from 48 days in 2017, and around 30 days during the Obama administration.

Christopher Smith / HHS Photo Christopher Smith

And even after arriving in Tornillo, the young occupants find themselves facing a fresh final set of administrative hurdles that threaten to complicate or delay their stay in the US shelter system.

One of the teens BuzzFeed News spoke with last week, a 16-year-old girl from Guatemala, told reporters that she’d been in Tornillo exactly one month on Saturday. Before being transferred to Texas, she had spent four months in an HHS shelter in Miami, meaning she’d already spent five months in HHS care. She was uncertain how much longer she’d remain there.

Her brother, who lives in Texas and had been in the US for a decade, is trying to sponsor her, which should secure her release. But he is undocumented, and he told her that her caseworker is not sure if he will be able to act as a sponsor.

She didn’t want to go back to Guatemala, where her parents are. “I suffered a lot in the journey [to the United States], and what, for nothing?” she said.

Another teenage girl standing next to her told reporters she’d also come to Tornillo from the Miami shelter at the same time, and that she’d crossed the border four months earlier.

The delays stem in part from a new requirement — that the FBI perform a fingerprint background check — imposed by the Trump administration on family members and other adults who wish to sponsor an unaccompanied immigrant minor.

Those changes are delaying how long kids are staying in care, and have created the ongoing need for Tornillo to operate as a temporary shelter to handle the overflow from permanent HHS shelters, said the incident commander. He added that more than half of the children at the Tornillo shelter are there because of FBI delays.

Christopher Smith / HHS Photo Christopher Smith

“It is the extra precaution that HHS has put in place for sponsors,” said the incident commander on Friday. “That is absolutely what has caused this, without any question whatsoever.”

While he applauded the extra care HHS has taken to ensure the safety of unaccompanied minors, the incident commander criticized the length of time the FBI takes to do fingerprint checks. On Friday, 826 of the kids in Tornillo were still awaiting the results of fingerprint checks, the final step needed before they are released, he said.

“I think it should be done quickly,” the incident commander said. “I don’t understand why it’s taking so long. It seems like a system issue. … That is frustrating to me.”

He noted that it takes time to do background checks, but said that HHS is “working through the process [with the FBI] and working to speed it up.” He did not provide further details.

Asked if the teens who end up in Tornillo spend longer than the average stay in the shelter system, Weber replied: “I don’t think that’s [true]. … These kids are very close to being released.”

Weber also argued that the need for the Tornillo facility is “driven by the number of kids crossing the border” — which this year, he said, is set to be the third highest on record. Around 50,000 unaccompanied minors are expected to cross the border this year.

Christopher Smith / HHS Photo Christopher Smith

On Thursday, BuzzFeed News visited the juvenile immigration proceedings in downtown El Paso. Eleven teenage boys from the Tornillo facility, aged between 15 and 17, had been given notice to appear in court on that day.

The boys were dressed in new, matching navy and white polo shirts, denim jeans or khakis, and black, braided leather belts. They had fresh haircuts.

The judge asked the boys if they had copies of their Notices to Appear, a charging document issued by US Immigration and Customs Enforcement informing them of removal proceedings, and read the date on which each NTA had been issued. Dates ranged from June 6 until July 1, meaning the teenagers had been in HHS care for a minimum of over three months — longer than the average stay.

None of the boys had legal representation at the court hearing — they were just accompanied to court by a BCFS employee. All of them asked the judge to delay their cases so they could find an immigration lawyer. They were given until late January to do so.

The HHS spokesperson said it’s just not his agency’s job. “Yes, children are appearing in court, but that is not part of HHS’s responsibility,” Weber told reporters on Friday. “Those legal options are pursued basically after they are released from us.”

Juveniles facing immigration proceedings do not have the right to a government-appointed lawyer. Weber said the children who appeared in court would absolutely have received legal help beforehand.

Everyone in HHS care receives a “Know Your Rights” training, Weber said, and upon arrival to Tornillo, the teenagers are again reminded that they are able to speak with a lawyer. Ten legal representatives — a combination of lawyers and social workers from different legal organizations — are on hand on weekdays in Tornillo to meet with children.

But those lawyers don’t formally represent them. They offer advice to the children.

And those representatives only meet with detainees if the teen specifically asks to see a lawyer, the incident commander said. He estimated that of the approximately 3,100 teens who have been housed at Tornillo since it opened, only about 400 had requested and received a meeting with a legal representative.

Christopher Smith / HHS Photo Christopher Smith

Moreover, to organize a meeting with the lawyers, the children must fill out a form — a difficult task for many of the children at Tornillo. The incident commander said most of the facility’s residents are at a fourth-grade learning level.

Asked how children in the care of HHS with very little education were supposed to be able to navigate the legal system alone, or even the process of arranging and interacting with a lawyer, Weber acknowledged that “negotiating the legal system is incredibly difficult.”

Although the incident commander is hopeful the facility will close on Dec. 31, Weber didn’t commit to that deadline. “It depends how many kids come,” he said.

The facility — its population peaked at 1,637 on Sept. 28 — has 1,400 beds on standby in two giant tents. This is in case the Homestead shelter in Florida — another temporary facility that opened during the family separation crisis — needs to evacuate due to a hurricane.

In immigration court Thursday, Judge Robert S. Hough, who oversees all juvenile immigration proceedings in El Paso, asked the BCFS employee assisting the children before him about Tornillo’s supposed Dec. 31 closing date.

“Hurry up and wrap it up before you get any bigger,” suggested the judge.

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Once the smokescreen of all the Trump lies and racism clears, how could we ever explain to future generations what we have done to the most vulnerable among us and to children, young people, and young families that are our world’s future?  I guess it will go along with explaining how have we let Trump and his grifter buddies destroy, pollute, and poison the universe that also belongs to future generations.

PWS

10-15-18

 

THE HILL: RUTH ELLEN WASEM ON HOW THE WHITE NATIONALIST IMMIGRATION AGENDA IS PREVENTING US FROM HAVING REALISTIC DISCUSISONS ABOUT FUTURE IMMIGRATION!

http://thehill.com/opinion/immigration/406876-our-policies-on-immigration-should-be-forward-thinking

Ruth writes:

. . . .

In addition to inflating the number of immigrants, the political rhetoric coming from the right issues ominous warnings about immigrants from Mexico in particular. The nativist right fabricates a narrative that Mexican migration is a problem to be solved. While Mexico continues to be the largest single source country for immigrants, its relative share of the flow is diminishing.

In fiscal year 2000, immigrants from Mexico made up 20 percent of all people who became legal permanent residents (LPRs) of the United States. That percentage had fallen to 14.7 percent in fiscal year 2016. What characterizes Mexican immigration to the United States is that 68 percent in FY 2016 were the immediate relatives (spouses, minor children and parents) of U.S. citizens, the top priority of U.S. immigration laws since the 1920s.

A closer look at the recently released census data shows other trends that are positive for our nation. For example, foreign-born residents who are naturalized citizens have a median household income of $72,140 that compares favorably to native-born citizens’ median household income of $72,165. This income parity results in no small way from the growing number of Asian immigrants working in professional and managerial occupations and who are employed by educational and health sectors of the economy.

Although first-generation foreign-born families have higher poverty rates (15.7 percent) than the national overall rate (10.4 percent), second-generation families have lower poverty rates (9.3 percent) than the national rate.

This pattern of immigrant success, based on the talent and diligence of immigrants themselves, also has roots in the Immigration Amendments Act of 1990, which sought to increase avenues for “the best and the brightest” immigrants. By more than doubling the number of visas for persons of extraordinary ability, outstanding professors and researcher, or certain multinational executives and managers, and of persons with advanced degrees, immigrants with these traits have come to the United States in substantial numbers since its enactment.

The 1990 law also rewrote the H-1B visa for temporary professional specialty workers, which has been the leading pathway for immigrants to the United States and has been critical in the global competition for talent. The increased use of H-1B visas, as well as other nonimmigrant visas, has fostered much of the growth in immigrants with executive and professional occupations over the past two decades. My research offers fuller analyses of how policies directed at  global competition, employment-based immigration and temporary professional workers have constricted, as well as fostered, the flow of immigration to the United States.

If there is anything made clear by these recent demographic trends it is that our policies on immigration should be forward-thinking, rather than backward-focused. Building a wall along the border with Mexico, a nation with a declining fertility rate and purportedly a positive employment outlook, is a Maginot Line for the 21st century.  As I noted earlier, most Mexican immigrants are the immediate family of U.S. citizens.

Rather, we should be using these data to help us frame a debate about what the future of America will look like. We should be discussing policies such as: what are optimal levels of immigration? How should we balance this optimal level among family, employment and humanitarian flows?  What role does temporary migration play in shaping future flows? These are not easy policy questions, so we need to get busy discussing our way forward.

Ruth Ellen Wasem is a clinical professor of policy at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. For more than 25 years, she was a domestic policy specialist at the U.S. Library of Congress’ Congressional Research Service. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration.

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Read Ruth’s complete article over on The Hill at the link.

We should be discussing:

  • How best to integrate the millions of law-abiding undocumented residents currently in and contributing to the United States into our society;
  • How to increase legal immigration so that in the future these beneficial workers, family members, and refugees who are also beneficial to the United States can come thorough the legal system rather than being forced into the “extra-legal” system as has happened in the past.
  • Notably, doing the foregoing two things would not only reduce US Immigration Court dockets to manageable levels, but also would allow DHS enforcement to concentrate on the real “bad guys” rather than treating maids and gardeners like bank robbers.

Instead, we’re tied up fighting against the absurd White Nationalist restrictionist agenda that seeks to limit legal immigration to “white guys” and to wipe out our national commitment to refugees and asylees while artificially “jacking up” Immigration Court backlogs and misdirecting DHS immigration enforcement. Talk about the “worst of all worlds!”

PWS

09-17-18

 

TAL @ CNN: REP. WILL HURD (R-TX) SEES THROUGH THE TRUMP/SESSIONS BORDER FARCE – WHAT’S THE MATTER WITH THE REST OF THE GOP?

Republican lawmaker: Border wall, family separations counterproductive to security

By Tal Kopan, CNN

After traveling to the hotbed of illegal immigration and drug trafficking, Republican Rep. Will Hurd is more convinced than ever that America doesn’t need a border wall.

“The $32 billion that would go into a border wall, I’m just even more convinced that it would be better spent with some of these existing programs, and we’d see a quicker decrease in drugs and illegal immigration,” Hurd said, referring to US initiatives to help Central America.

Hurd spoke with CNN after a three-day trip to Honduras, El Salvador and Guatemala, three countries that drive most of the illegal immigration to the southern US border. In Central America, Hurd met with national security officials and community representatives.

A Texas lawmaker with the largest stretch of US-Mexico border of any congressional district, Hurd has been an outspoken critic of President Donald Trump’s promised border wall and the administration’s family separations at the border.

The moderate Republican’s seat is also one of the races Democrats are targeting aggressively in their hopes to flip control of the House. Hurd is facing a well-funded Democratic challenger, Gina Ortiz Jones, in a race that has already cost millions.

Trump has only doubled down on his hardline immigration policies headed into the midterms, including a border wall costing tens of billions of dollars. Though he and his base remain convinced that such aggressive policies are key to Republicans’ political success, Hurd has been a strong voice on the right for more moderate policies.

More: https://www.cnn.com/2018/08/27/politics/will-hurd-donald-trump-border-wall-central-america/index.html

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Every part of the Trump/Sessions/Miller intentionally cruel immigration enforcement program has been a failure from the standpoint of sound law enforcement.  Yet, the more they fail and the more the Federal Courts and others point out their illegal actions, the more the Trumpsters double down on everything vile. In the end, the damage will only be stopped when Trump & company are voted out of office.

PWS

08-29-18

INSIDE THE TRUMP-SESSIONS “NEW AMERICAN GULAG” — “It was a nun who best summed up the experience as we entered the facility one morning. ‘What is happening here,’ she said, ‘makes me question the existence of God.’”

https://www.huffingtonpost.com/entry/family-detention-center-border_us_5b7c2673e4b0a5b1febf3abf

Catherine Powers writes in HuffPost:

In July, I left my wife and two little girls and traveled from Denver to Dilley, Texas, to join a group of volunteers helping migrant women in detention file claims for asylum. I am not a lawyer, but I speak Spanish and have a background in social work. Our task was to help the women prepare for interviews with asylum officers or to prepare requests for new interviews.

The women I worked with at the South Texas Family Residential Center in Dilley had been separated from their children for up to two and a half months because of a policy instituted by the Trump administration in April 2018, under which families were targeted for detention and separation in an attempt to dissuade others from embarking on similar journeys. Although the separations have stopped because of the resulting public outcry, hundreds of families have not been reunited (including more than 20 children under 5), families continue to be detained at higher rates than adults crossing the border alone, and the trauma inflicted on the women and children by our government will have lifelong consequences.

To be clear, this is a policy of deliberately tormenting women and children so that other women and children won’t try to escape life-threatening conditions by coming to the United States for asylum. I joined this effort because I felt compelled to do something to respond to the humanitarian crisis created by unjust policies that serve no purpose other than to punish people for being poor and female ― for having the audacity to be born in a “shithole country” and not stay there.

I traveled with a group of amazing women gathered by Carolina, a powerhouse immigration lawyer and artist from Brooklyn. My fellow volunteers were mostly Latinas or women whose histories connected them deeply to this work. Through this experience, we became a tight-knit community, gathering each night to process our experiences and try to steel ourselves for the next day. Working 12-hour shifts alongside us were two nuns in their late 70s, and it was one of them who best summed up the experience as we entered the facility one morning. “What is happening here,” she said, “makes me question the existence of God.”

It was a nun who best summed up the experience as we entered the facility one morning. ‘What is happening here,’ she said, ‘makes me question the existence of God.’

I am still in awe of the resilience I witnessed. Many of the women I met had gone for more than two weeks without even knowing where their children were. Most had been raped, tormented, threatened or beaten (and in many cases, all of the above) in their countries (predominantly Honduras and Guatemala). They came here seeking refuge from unspeakable horrors, following the internationally recognized process for seeking asylum. For their “crime,” they were incarcerated with hundreds of other women and children in la hielera (“the freezer,” cold concrete cells with no privacy where families sleep on the floor with nothing more than sheets of Mylar to cover them) or la perrera (“the dog kennel,” where people live in chain link cages). Their children were ripped from their arms, they were taunted, kicked, sprayed with water, fed frozen food and denied medical care. Yet the women I encountered were the lucky ones, because they had survived their first test of will in this country.

Woman after woman described the same scene: During their separation from their children ― before they learned of their whereabouts or even whether they were safe ― the women were herded into a room where Immigration and Customs Enforcement officials handed them papers. “Sign this,” they were told, “and you can see your children again.” The papers were legal documents with which the women would be renouncing their claims to asylum and agreeing to self-deport. Those who signed were deported immediately, often without their children. Those who refused to sign were given sham credible-fear interviews (the first step in the asylum process), for which they were not prepared or even informed of asylum criteria.

The women were distraught, not knowing what ICE had done with their children or whether they would see them again. Their interviews were conducted over the phone, with an interpreter also on the line. The asylum officer would ask a series of canned questions, and often the women could reply only, “Where is my child? What have you done with my child?” or would begin to give an answer, only to be cut off midsentence. Not surprisingly, almost all of them got negative results — exactly the outcome this policy was designed to produce. Still, these women persisted.

After a court battle, my clients were reunited with their children and were fortunate enough to have access to free legal representation (many do not) through the CARA Pro Bono Project. The women arrived looking shell-shocked, tired, determined. Some of their children clung to them, afraid to be apart even for a few minutes, making it very hard for the women to recount their experiences, which often included sexual violence, death threats and domestic abuse. Other children stared into space or slept on plastic chairs, exhausted from sleepless nights and nightmares. Still others ran manically around the legal visitation trailer. But some of the children showed incredible resilience, smiling up at us, showing off the few English words they knew, drawing pictures of mountains, rivers, neat little houses. They requested stickers or coloring pages, made bracelets out of paper clips. We were not allowed to give them anything ― no treats or toys or books. We were not allowed to hug the children or their mothers ― not even when they sobbed uncontrollably after sharing the details of their ordeals.

In the midst of this sadness and chaos, the humanity of these women shined through. One of my clients and her son, who had traveled here from Guatemala, took great pleasure in teaching me words in their indigenous language, Mam. She taught me to say “courageous” ― hao-tuitz ― and whenever our work got difficult, we would return to this exhortation. These lessons were a welcome break from reviewing the outline of the experiences that drove them to leave, fleshing it out with details for their interview. They wearied of my pressing them to remember facts I knew the asylum officer would ask about. They wanted only to say that life is very hard for indigenous people, that their knowledge of basic Spanish was not enough to make them equal members of society. Mam is not taught in schools, and almost everyone in Guatemala looks down on those who speak it. They were so happy to have a licenciada (college graduate) interested in learning about their culture. We spent almost an hour finding their rural village on Google Earth, zooming in until we could see pictures of the landscape and the people. As we scrolled through the pictures on the screen, they called out the people by name. “That’s my aunt!” and “There’s my cousin!” There were tears of loss but mostly joy at recognizing and feeling recognized ― seen by the world and not just dismissed as faceless criminals.

A diabetic woman who had not had insulin in over a week dared to ask for medical attention, an infraction for which she was stripped naked and thrown in solitary confinement.

There were stories of the astonishing generosity of people who have so little themselves. One colleague had a client who had been kidnapped with her daughter and another man by a gang while traveling north from Guatemala. The kidnappers told the three to call their families, demanding $2,000 per person to secure their release. The woman was certain she and her daughter were going to die. Her family had sold, mortgaged and borrowed everything they could to pay for their trip. They had never met the man who was kidnapped with them. She watched as he called his family. “They’re asking for $6,000 for my release,” she said he told them. He saved three lives with that phone call. When they got to the U.S.-Mexico border, they went separate ways, and she never saw him again, never knew his last name.

Not everything I heard was so positive. Without exception, the women described cruel and degrading treatment at the hands of ICE officials at the Port Isabel immigrant processing center, near Brownsville, Texas. There was the diabetic woman who had not had insulin in over a week and dared to ask for medical attention, an infraction for which she was stripped naked and thrown in solitary confinement. Women reported being kicked, screamed at, shackled at wrists and ankles and told to run. They described the cold and the humiliation of not having any privacy to use the bathroom for the weeks that they were confined. The children were also kicked, yelled at and sprayed with water by guards, then awoken several times a night, ostensibly so they could be counted.

Worse than the physical conditions were the emotional cruelties inflicted on the families. The separation of women from small children was accomplished by force (pulling the children out of their mothers’ arms) or by deceit (telling the women that their children were being taken to bathe or get medical care). Women were told repeatedly that they would never see their children again, and children were told to stop crying because they would never see their mothers again. After the children were flown secretively across the country, many faced more cruelty. “You’re going to be adopted by an American family,” one girl was told. Some were forced to clean the shelters they were staying in and faced solitary confinement (el poso) if they did not comply. Children were given psychotropic drugs to ameliorate the anxiety and depression they exhibited, without parental permission. One child underwent surgery for appendicitis; he was alone, his cries for his mother were disregarded, and she was not notified until afterward.

The months of limbo in which these women wait to learn their fate borders on psychological torture. Decisions seem arbitrary, and great pains are taken to keep the women, their lawyers and especially the press in the dark about the government’s actions and rationales for decisions. One woman I worked with had been given an ankle bracelet after receiving a positive finding at her credible fear interview. Her asylum officer had determined that she had reason to fear returning to her country and granted her freedom while she pursues legal asylum status. Having cleared this hurdle, she boarded a bus with others to be released, but at the last moment, she was told her ankle bracelet needed a new battery. It was removed, and she was sent instead to a new detention center without explanation. A reporter trying to cover the stories of separated families told me about her attempt to follow a van full of prisoners on their way to be reunited with their children so that she could interview them. First ICE sent two empty decoy vans in different directions, and then it sent a van with the detainees speeding down a highway, running red lights to try to outrun her. Every effort is being made to ensure that the public does not know what is happening.

The accounts of the horrors that women were fleeing are almost too graphic to repeat. Of the many women I spoke to, only one did not report having been raped.

The accounts of the horrors that women were fleeing are almost too graphic to repeat. Of the many women I spoke to, only one did not report having been raped. The sexual assaults the women described often involved multiple perpetrators, the use of objects for penetration and repeated threats, taunting and harassment after the rape. A Mormon woman I worked with could barely choke out the word “rape,” much less tell anyone in her family or community what had happened. Her sweet, quiet daughter knew nothing of the attack or the men who stalked the woman on her way to the store, promising to return. None of the women I spoke with had any faith that the gang-ridden police would or could provide protection, and police reports were met with shaming and threats. Overwhelmingly, the women traveled with their daughters, despite the increased danger for girls on the trip, because the women know what awaits their little girls if they stay behind. Sometimes the rapes and abuse were at the hands of their husbands or partners and to return home would mean certain death. But under the new directives issued by Attorney General Jeff Sessions, domestic violence is no longer a qualifying criterion for asylum.

Two things I experienced during my time in Dilley made the purpose of the detention center crystal clear. The first was an interaction with an employee waiting in line with me Monday morning to pass through the metal detector. I asked if his job was stressful, and he assured me it was not. He traveled 80 minutes each day because this was the best-paid job he could get, and he felt good about what he was doing. “These people are lucky,” he told me, “They get free clothes, free food, free cable TV. I can’t even afford cable TV.” I did not have the presence of mind to ask him if he would give up his freedom for cable. But his answers made clear to me how the economy of this rural part of Texas depends on prisons. The second thing that clarified the role of the detention center was a sign in the legal visitation trailer, next to the desk where a guard sat monitoring the door. The sign read, “Our stock price today,” with a space for someone to post the number each day. The prison is run by a for-profit corporation, earning money for its stockholders from the incarceration of women and children. It is important to note the exorbitant cost of this cruel internment project. ICE puts incarceration costs at $133 per person per night, while the government could monitor them with an ankle bracelet for $10 to $15 a day. We have essentially made a massive transfer of money from taxpayers to holders of stock in private prisons, and the women and children I met are merely collateral damage.

I have been back home for almost a month now. I am finally able to sleep without seeing the faces of my clients in my dreams, reliving their stories in my nightmares. I have never held my family so tight as I did the afternoon I arrived home, standing on the sidewalk in tears with my 7-year-old in my arms. I am in constant contact with the women I volunteered with, sharing news stories about family detention along with highlights of our personal lives. But I am still waiting for the first phone call from a client. I gave each of the women I worked with my number and made them promise to call when they get released. I even told the Mormon woman that I would pray with her. No one has called.

I comb the details of the Dilley Dispatch email, which updates the community of lawyers and volunteers about the tireless work of the on-the-ground team at Dilley. This week the team did 379 intakes with new clients and six with reunified families. There were three deportations ― two that were illegal and one that was reversed by an ACLU lawsuit. Were the deported families ones I worked with? What has become of the Mam-speaking woman and her spunky son, the Mormon woman and her soft-spoken daughter, the budding community organizer who joked about visiting me? Are they safely with relatives in California, North Carolina and Ohio? In each case, I cannot bear to imagine the alternative, the violence and poverty that await them. I have to continue to hope that with the right advocates, some people can still find refuge here, can make a new life ― that our country might live up to its promises.

Catherine Powers is a middle school social studies teacher. She lives in Colorado with her wife and two daughters.

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Yes, every Administration has used and misused immigration detention to some extent. I’ll have to admit to spending some of my past career defending the Government’s right to detain  migrants.

But, no past Administration has used civil immigration detention with such evil, racist intent to penalize brown-skinned refugees, primarily abused women and children from the Northern Triangle, so that that will not be able to assert their legal and Constitutional rights in America and will never darken our doors again with their pleas for life-saving refuge. And, as Catherine Powers points out, under Trump and Sessions the “credible fear” process has become a total sham.

Let’s face it! Under the current White Nationalist Administration we indeed are in the process of “re-creating 1939” right here in the USA.  If you haven’t already done so, you should check out my recent speech to the International Association of Refugee and Migration Judges entitled  “JUST SAY NO TO 1939: HOW JUDGES CAN SAVE LIVES, UPHOLD THE CONVENTION, AND MAINTAIN INTEGRITY IN THE AGE OF OVERT GOVERNMENTAL BIAS TOWARD REFUGEES AND ASYLUM SEEKERS” http://immigrationcourtside.com/just-say-no-to-1939-how-judges-can-save-lives-uphold-the-convention-and-maintain-integrity-in-the-age-of-overt-governmental-bias-toward-refugees-and-asylum-seekers/

Even in the “Age of Trump & Sessions,’ we still have (at least for now) a Constitution and a democratic process for removing these grotesquely unqualified shams of public officials from office. It starts with removing their GOP enablers in the House and Senate.

Get out the vote in November to oust the GOP and restore humane, Constitutional Government that respects individuals of all races and genders and honors our legal human rights obligations. If decent Americans don’t act now, 1939 might be here before we know it!

Due Process Forever!

PWS

08-24-18

 

THE UGLY ABOMINATION OF CHILDREN BEING DOPED & ABUSED IN DETENTION BEGAN IN THE OBAMA ADMINISTRATION – TRUMP & SESSIONS DOUBLED DOWN ON THAT TARNISHED LEGACY – IT’S PAST TIME FOR BIPARTISAN ACTION IN CONGRESS TO END THIS GROTESQUE BLOT ON OUR NATIONAL CHARACTER!

https://slate.com/technology/2018/08/immigrant-children-abuse-drugged-shiloh-treatment-center.html

Daniel Engber reports for Slate:

A federal court has given the Trump administration until Friday, Aug. 10, to figure out a plan for the 28 immigrant children still detained at the Shiloh Treatment Center in southeast Texas. Any child who is not deemed to pose “a risk of harm to self or others” must be transferred to a less restrictive facility, per Judge Dolly Gee’s July 30 ruling in a lawsuit filed earlier this year. She also addressed the lawsuit’s claims that residents at Shiloh have been given forced injections and prescribed antidepressants, mood stabilizers, and antipsychotic drugs without consent. The government must stop this practice, she determined, and make sure that psychotropic drugs are given to detainees at Shiloh only in accordance with Texas child welfare laws and regulations.

For weeks now, this misuse of psychiatric medications has been cited as a prime example of the White House’s “despicable,” “reprehensible,” “inhumane and unconscionable” border policies. “President Donald Trump’s zero tolerance policy stands to create a zombie army of children forcibly injected with medications,” said the article from the Center for Investigative Reporting that first brought the allegations to light. “The president has to be ordered not to give children psychotropic drugs, but I’m the one that’s tripping?” one Democratic candidate for Congress said a few days ago, in defending progressives’ call to defund U.S. Immigration and Customs Enforcement.

The standard gloss on this medication scandal—that the Trump administration isn’t merely ripping children from their parents but turning all those children’s brains to mush—is substantially misleading. It makes it sound as though the problem was created by our current president when the blame could just as well be placed on the Obama administration. Unaccompanied immigrant children first arrived at the Shiloh Treatment Center in 2009, according to the Center for Investigative Reporting, despite the fact that three children had already died at Shiloh and affiliated centers while being physically restrained by staffers. These were not the only horrific incidents on record. Another time, for example, staff encouraged a group of girls with cognitive disabilities to fight each other gladiator-style for after-school snacks. And while Trump is now responsible for the children in federal custody, and certain medication-related abuses appear to have continued under his watch, most of the cases of abuse included in the lawsuit occurred before he set foot in the Oval Office.

The suspect framing of the Shiloh scandal as a cause for partisan anti-Trump outrage also serves to minimize the problem. When commentators link the overmedication of child immigrants to Trump’s zero tolerance policy at the border, they imply that the children who were forcibly separated from their parents earlier this year are the only ones at risk for this abuse—or, at the very least, that these kids are at higher risk than others in residential treatment. That’s wrong. The 2,500 kids subject to family separation are just a subset of the children held around the country by the Office of Refugee Resettlement. ORR already oversees the placement of some 10,000 minors who arrived at the border on their own, without parents or guardians—and the Shiloh Treatment Center has been housing, treating, and potentially abusing detainees from this larger population for about a decade now.

But even that doesn’t capture the full scale of the problem, which affects not just immigrants but kids throughout the nation’s child welfare system. The court exhibits from the recent lawsuit suggest a scene out of One Flew Over the Cuckoo’s Nest: In addition to receiving forced injections of antipsychotic drugs to calm them down, former residents say they were dosed with as many as nine different pills at a time without being told what they were taking or why. These medications were allegedly prescribed without consulting the children’s parents or their other adult relatives or otherwise securing a court order. Children who refused to swallow their pills, the lawsuit says, were physically made to do so or were coerced in other ways. “They told me … that the only way I could get out of Shiloh was if I took the pills,” one child explained. “I have not refused taking the pills because I was told that … would make me stay at Shiloh longer,” said another.

As awful as these details sound, they’re not unique. Experts on the use of psychotropic drugs in foster care and residential treatment settings say overmedication is widespread. Studies find that foster kids are given psychotropic drugs at least twice as often as other children served by Medicaid, despite a lack of solid evidence for these drugs’ efficacy in children and little knowledge of what long-term hazards they might pose to developing brains. (Most such medications are FDA-approved only for adults, so their use with children is off-label.)

The prescription of several different psychotropic drugs to children at the same time doesn’t represent some new perversion of psychiatry cooked up by the Trump administration or put in place by reckless doctors at a converted trailer park in Texas. Rather, “polypharmacy” is a mainstream approach to medicating children in residential treatment settings. In responding to the recent lawsuit, an ORR official informed the court that Shiloh follows Texas state guidelinesfor the use of such drugs in foster care—which means, she said, that they “strive to use no more than four [psychotropic] medications concurrently.” Again, there’s a lack of data to support this standard practice. “Very few studies have shown safety and efficacy for two or more psychotropics used concurrently in children, and none, virtually, have shown safety or efficacy using three or more,” says Erin Barnett, an assistant professor of psychiatry at Dartmouth who studies evidence-based practices for traumatized children. “Yet this kind of bad treatment is going on all over the country.”

There are some specific ways in which the methods reportedly used by Shiloh Treatment Center do stand apart. Even when a given child’s parents were reachable, the lawsuit says, the center did not bother to reach out to them regarding the use of drugs. (This apparent indifference to informed consent provoked a major portion of the judge’s recent ruling.) In practice, though, adherence to the rules on consent does not prevent the overuse of medications in residential treatment settings. Many parents and guardians acquiesce to polypharmacy when it’s recommended by a doctor, and officials tasked with overseeing wards of the state may also sign off on a smorgasbord of psychotropics provided that a child has been diagnosed with several different mental health conditions.

It’s also not enough to have a relative’s informed consent when treating psychiatric issues in these settings. The kids themselves should also give “assent” to treatment, which means they’re willing to accept the drugs. That’s often not the case in residential treatment settings, though. Kids who have been placed in these facilities tend to have long, complicated histories of treatment and may be suspicious of whatever care they’re being offered. When they do refuse their medication, their behavior is often chalked up to emotional problems—an “oppositional defiant disorder,” perhaps. According to both Barnett and Robert Foltz, a clinical psychologist and member of the board for the Association of Children’s Residential Centers, health care providers will at times cajole these children into taking meds, perhaps by threatening to “remove their privs”—which is to say, depriving them of activities they enjoy. Barnett cites a study of 50 adolescents taking psychotropic drugs, which found that nearly half reported feeling “forced or pushed” to take their medications.

The use of psychotropic drugs with kids detained at the border raises unique concerns. For one thing, we might guess that these children’s mental health issues stem, in large part, from whatever troubling events led them to leave their home countries, combined with the stress of being held in custody and—for those detained this year under Trump’s family-separation policy—the trauma of having been pried away from their parents. If it is possible to identify clear environmental causes of their distress, or if a child can be diagnosed with post-traumatic stress disorder, then medications—even when they’re ethically applied—aren’t likely to be the most useful form of treatment. According to Foltz, psychotropic drugs barely work for PTSD and are not considered front-line treatments; the American Academy of Child and Adolescent Psychiatry recommends cognitive behavioral therapy instead. Another problem arises from the fact that, in most cases, health care providers for these children won’t have access to their patients’ detailed case histories, so whatever psychiatric diagnoses they make will be off the cuff.

There are many reasons to be furious and fretful over what’s gone on at Shiloh and how the alleged abuse of children there could and should have been avoided. Over the past nine years, the federal government has paid tens of millions of dollars to house troubled detainees at a residential treatment facility with a well-earned, highly suspect reputation. But if there’s any bigger lesson to what happened at this 43-bed facility in rural Texas, it’s not that Trump’s border policies are inhumane. (There are plenty of other, better ways to come to that conclusion.) Nor does it suggest that “anti-child” ideologues have somehow come to power in Washington. No, this ugly scandal spanning two administrations should be taken as a sign of what can happen to the nation’s most damaged and defenseless kids no matter who’s in power.

There’s more than enough blame to go around on this one. But, blame solves nothing. What needs to happen is for a bipartisan Congress to step up to the plate and end the abuse that Executive officials of two consecutive Administrations have lacked the ethics, common sense, and human decency to do the right thing and stop.
PWS
08-12-18

WASHPOST: UNABATED CHILD ABUSE IN SESSIONS’S “KIDDIE GULAG!” – “[C]hildren as young as 14 stripped naked, shackled, strapped to chairs, their heads encased in bags, left for days or longer in solitary confinement, and in some cases beaten and bruised — it sounded like a scene from the Soviet gulag.“

https://www.washingtonpost.com/opinions/migrant-kids-were-stripped-drugged-locked-away-so-much-for-compassion/2018/08/05/84a779d0-95b4-11e8-a679-b09212fb69c2_story.html?utm_term=.d6d444c5d042

August 5 at 6:27 PM

WHEN ACCOUNTS of abuse emerged in June from a detention center for migrant minors in Virginia — children as young as 14 stripped naked, shackled, strapped to chairs, their heads encased in bags, left for days or longer in solitary confinement, and in some cases beaten and bruised — it sounded like a scene from the Soviet gulag. This institution, the Shenandoah Valley Juvenile Center, near Staunton, couldn’t possibly be in America. And if it was, it had to be an extreme outlier — a place that, while overseen by the Office of Refugee Resettlement at the Department of Health and Human Services, simply could not typify the federal government’s handling of children, undocumented or not, who make their way into this country.

But abuses alleged at that jail in Virginia turn out to be no worse than those inflicted, on even younger children, at another facility under ORR’s purview in Texas. Last Monday, a federal judge, incensed that underage migrants at the Shiloh Residential Treatment Center, south of Houston, had been routinely administered psychotropic drugs without parental consent, denied water as a means of punishment and forbidden from making private phone calls, ordered undocumented minors there transferred elsewhere.

Not the Soviet gulag. These things are taking place in America.

Not just coincidentally, it is President Trump’s America. True, documented abuses at both facilities pre-date Mr. Trump’s administration; at Shiloh, in particular, there have been harrowing reports of mistreatment for years. Yet the president, who has referred to illegal immigrants as “animals” and “rapists” who “infest” the United States, is a serial, casual dehumanizer of immigrants, particularly Hispanic ones. The signals he sends, amplified by Twitter, are heard everywhere. If unauthorized immigrants are vermin, as the president implies, then it’s legitimate to treat them as such — to tie them up, lock them away solo, dehydrate and drug them.

The most recent findings, concerning Shiloh, run by a private contractor and overseen by ORR, are shocking. Staff members there admitted they had administered psychotropic medication to children without bothering to seek consent from parents, relatives or guardians. Officials said “extreme psychiatric symptoms” justified medicating the children on an emergency basis — a fine explanation, except that the drugs were administered routinely in the morning and at night. (And sometimes the children were told the drugs were “vitamins.”) The children’s testimony led U.S. District Judge Dolly Gee to reject the government’s arguments, wondering how “emergencies” could occur with such clocklike precision.

Some of the minors confined at Shiloh, which houses 44 children, three-quarters of them immigrants, described abjectly cruel treatment, prompting the judge to order officials at the facility to provide water as needed to those confined there and permit them private phone calls. That a necessity so basic as the provision of water is the subject of a judicial order is a measure of the official depravity that has gripped Shiloh.

2:58
Opinion | Trump’s anti-immigrant tactics are eerily familiar to some Japanese Americans

The tools that normalized Japanese American imprisonment during World War II are being deployed against asylum-seeking immigrants today.

HHS officials make a point of sounding compassionate when they describe their concern for the thousands of migrant children under their supervision. Those fine words are belied by actual conditions in real-world facilities for which the department is responsible.

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There are plenty of villains here. But the primary culprits are Sessions, Trump, and Miller who have continued to push a racially motivated program of dehumanization of Hispanic migrants, and illegal, immoral, and damaging detention of children and families in the face of clear evidence of its impropriety and its ineffectiveness as a deterrent.
I’m not saying that other DHS and ORR officials don’t belong in jail. Obviously, the evil clown who went before Congress and compared “Kiddie Gulags” to summer camps belongs behind bars. Trump might well be unreachable except for impeachment. But, Sessions, Nielsen, Lloyd and others responsible for these grotesque abuses enjoy no such protections.
Yes, this is ORR. But the Department of Justice is responsible for taking affirmative action to end these abuses by the Government. Instead, Sessions has been second only to Trump in promoting racism, false narratives, child abuse, xenophobia, and disregard of the legal rights and human rights of migrants, particularly the most vulnerable — children, women, LGBTQ, the mentally ill, etc. In  the case before Judge Gee, he unethically ordered his DOJ lawyers to “defend the indefensible.”
What kind of nation refuses to hold blatant, unrepentant, public child abusers accountable for their crimes?
PWS
08-06-18

FRAUD, WASTE, & ABUSE: INFANTS ORDERED TO APPEAR IN U.S. IMMIGRATION COURTS UNDER TRUMP & SESSIONS! – Shocking Stupidity, Inhumanity, & Waste Of Taxpayer Dollars!

https://www.texastribune.org/2018/07/18/immigrant-separated-families-infant-court-defend-donald-trump-zero-tol/

CHRISTINA JEWETT AND SHEFALI LUTHRA, REPORT FOR KAISER HEALTH NEWS IN THE TEXAS TRIBUNE:

The Trump administration has summoned at least 70 infants to immigration court for their own deportation proceedings since Oct. 1, according to Justice Department data provided to Kaiser Health News.

These are children who need frequent touching and bonding with a parent and naps every few hours, and some were of breastfeeding age, medical experts say. They’re unable to speak and still learning when it’s day versus night.

“For babies, the basics are really important. It’s the holding, the proper feeding, proper nurturing,” said Shadi Houshyar, who directs early childhood and child welfare initiatives at the advocacy group Families USA.

The number of infants under age 1 involved has been rising — up threefold from 24 infants in the fiscal year that ended last Sept. 30, and 46 infants the year before.

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The Justice Department data show that a total of 1,500 “unaccompanied” children, from newborns to age 3, have been called in to immigration court since Oct. 1, 2015.

Roughly three-fourths of the children involved are represented by a lawyer and they have to make their case that they should stay in the United States.

Officials who review such deportation cases say most children under 1 cross the border with a parent and their deportation cases proceed together.

But some of the infants were deemed “unaccompanied” only after law enforcement separated them from their parents during the Trump administration’s “zero-tolerance” immigration policy. The children were sent to facilities across the U.S. under the supervision of the Department of Health and Human Services.

“This is to some extent a … crisis of the creation of the government,” said Robert Carey, who previously headed the Office of Refugee Resettlement, which takes custody of unaccompanied minors. “It’s a tragic and ironic turn of events.”

Younger children are also considered unaccompanied if they enter the United States with an older family member who is not yet 18. The data do not clarify which children arrived that way or which were separated from their parents.

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The Justice Department did not respond to a request for further data about where the children are housed. They could be in a foster care home, in a group home, with a relative or sponsor, or reunited with a parent. HHS, which operates the refugee resettlement office, did not provide comment by publication time.

In previous statements, the government has argued that separation — and its consequences — are unfortunate but unavoidable under the law.

“There is a surefire way to avoid separation from your children. Present yourself legally … or stay back at your home country, and go through the process others do,” HHS Secretary Alex Azar said on a media call earlier this month. “None of us want children separated from their parents. I want no children in our care and custody.”

The number of unaccompanied children called in to court since Oct. 1, 2015, swells to 2,900 if kids up to 5 are included. The total will rise between now and Sept. 30, when the fiscal year ends, noted Susan Long, a statistician at Syracuse University and director of TRAC, a repository of immigration and federal court data. There’s also an ongoing backlog in entering the data.

In June, a district judge in San Diego ordered the government to reunify families within a month, specifically directing them to unite children younger than 5 with parents by July 10.

HHS reunited about half of those children by July 12 — 57 out of 103. Others, the government said, could not be placed with a parent, citing in some cases “serious criminal history” or parents currently being in jail.

In 12 cases, those children’s parents had already been deported. In another, the government had failed to figure out where the child’s parent was located, and in another, the parent had a “communicable disease,” HHS said.

The Department of Homeland Security, which issues the court orders, also did not respond to a request for comment.

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In the removal cases, children have no right to an appointed lawyer, but rather to a list of legal aid attorneys that the child’s current caregiver can contact.

And young children rarely know the details of why they fled their home country, especially without a parent present, noted Eileen Blessinger, a Virginia-based immigration lawyer who has been aiding parents she was connected with through advocates on the Texas-Mexico border.

“Think about it as a parent. You’re not going to tell your child they might be killed, right?” she said. “A lot of the kids don’t know.”

Immigration court, which is an administrative unit of the Department of Justice, is different from typical courts. It handles “respondents” who may be too young to speak, but has no social workers or legal remedies focused on the best interest of a child.

Lenni Benson, a New York Law School professor and founder of the Safe Passage Project, which provides legal services to migrant youth, said she was recently at a large family detention center in Dilley talking to families. She said it’s rare for the families fleeing violence in Central America to bring infants, given the dangers of the journey, which include risks of abduction and a lack of clean water.

“There are people who do that because they are terrified for their child” in the home country, she said.

Benson recounted being in immigration court in 2014 when a judge asked for a crying baby to be removed from the courtroom. She said she paused to inform the judge that the baby was the next respondent on the docket — and asked that the child’s grandmother stand in.

The stakes for the babies, and any migrant fleeing violence, are high, said Paul Wickham Schmidt, a former immigration judge who retired in 2016 after 13 years on the bench in Arlington, Va.

“Final orders of deportation have consequences,” he said. “For something that has a very serious result, this system has been described as death penalty cases in traffic court.”

Ashley Tabaddor, president of the National Association of Immigration Judges and a judge specializing in juvenile cases in Los Angeles, acknowledged that the Trump administration narrowed a directive on how much judges can assist juveniles in court. Still, she said, judges do their best to ensure that young children get a fair hearing.

Justice Department data show that asylum denials are at a nearly 10-year high at 42 percent, and the Associated Press reported that the administration has raised the bar for making a successful case.

At the same time, children can be strapped for resources, Blessinger said.

She described one client whose 7-year-old daughter received legal support from a New York-based charity. Even in that case, she said, the organization acted simply as a “friend of the court” — rather than a full-fledged attorney — requesting delays in proceedings until the child and mother could be reunited. That finally happened Tuesday night, she said.

“It’s the saddest experience. These people are not going to be recovering anytime soon,” she said. “The parents are crying even after they’re reunited.”

Kaiser Health News (KHN) is a nonprofit news service covering health issues. It is an editorially independent program of the Kaiser Family Foundation that is not affiliated with Kaiser Permanente.

KHN’s coverage of children’s health care issues is supported in part by a grant from the Heising-Simons Foundation.

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

Stupid policies driven by biased White Nationalist restrictionists squander judicial time, waste resources, make America look dumb!

Contrary to what HHS Secretary Alex Azar says, presenting oneself at a Port of Entry and applying for asylum has been a guarantee neither of prompt and professional processing of asylum applications nor that there will be no family separation.  Indeed, the “credible fear” process has now been “gamed” by Sessions and USCIS so that many legitimate asylum applications are summarily denied and the individuals subjected to expedited removal without appeals. And, to date, several “real” Article III Courts (in particular, the Third Circuit Court of Appeals) have “twiddled their thumbs” and failed to intervene to prevent the gross abuses of Due Process and our international obligations being carried out on a daily basis by this Administration.

Infants in court, real substantive asylum claims rejected without hearings — no wonder the U.S. Immigration Court system is broken and there is no time for “real”cases. The long-term solution might well involve more Immigration Judges and staff. But, at this point, that would be “throwing good money after bad.”

Before there can be expansion, the U.S. Immigration Court system needs to be fixed and returned to its original Due Process focus with Immigration Judges in change and empowered to remove cases like this from the active docket and to sanction Government Attorneys (as well as private attorneys) who waste valuable court time with frivolous litigation. Indeed, Congress did provide Immigration Judges with authority to hold attorneys from both sides in contempt. However, the DOJ has thumbed its nose at that statutory authorization over several Administrations and has never implemented the statute. (This is a good example of what the “rule of law” really means in the USDOJ!)

Removing the Immigration Court system from the Executive Branch is a necessary first step in reforming it to serve its original (and only) purpose: guaranteeing Due Process and fairness for all!

Meanwhile, as pointed out by Christina and Shefali, the damage to the health and welfare children and families might be irreparable.

PWS

07-19-18

INSIDE SESSIONS’S “NEW AMERICAN GULAG” – DESPERATE PLEAS FOR HELP FROM REFUGEE PARENTS IN THE GULAG! – “We feel like there is no way out of this nightmare because the asylum officials and the judges are against us. Please help us and bring justice to Texas!”

http://www.cnn.com/2018/07/16/politics/separated-parents-open-letter-to-us/index.html

CNN REPORTS:

‘Each day is more painful than the last’: Parents separated from kids beg US public for help

A section of the letter to the US people from parents at the Port Isabel Service Detention Center.

(CNN)In an act of sheer desperation, dozens of migrant parents separated from their children wrote an open letter to the US public, hoping someone — anyone — can help get them out of this “nightmare.”

The joint letter, from 54 detainees at the Port Isabel Service Detention Center in Los Fresnos, Texas, said the parents came to save the lives of their children. That their children don’t recognize their voices anymore. That they never expected the trauma they’re enduring.
Here’s the text of the parents’ letter, translated from Spanish:
July 15, 2018
To the United States public:
Please help us. We are desperate parents.
We are not criminals, but we need your help.
We came to this country to save our lives and the lives of our children. We were not prepared for the nightmare that we faced here. The United States government, kidnapped our children with tricks and didn’t give us the opportunity to say goodbye.
It’s been more than a month and we haven’t been told much about our children. They are living in places with strangers. We’ve been told that some children are living with new families. Each day is more painful that the last.
Many of us have only spoken with our children once when we have the opportunity to speak with them (which is very difficult because the social worker never answers.) The children cry, they don’t recognize our voices and they feel abandoned and unloved. This makes us feel dead in life. Even with all this trauma, nightmares, anguish and pain that this government is imposing on us and our children, we still have to fight for our asylum cases. But the government doesn’t give us the opportunity to fight our cases and the judges don’t give us the opportunity to speak up.
The asylum official is denying nearly all cases and so are the judges. They don’t give us an opportunity to explain why we came here. We also feel pressured to sign for our deportation as a quick means to reunite with our children.
We feel like there is no way out of this nightmare because the asylum officials and the judges are against us.
Please help us and bring justice to Texas!

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

Each day, Jeff Sessions mocks our legal system, degrades America as a country, and each of us as human beings! As those he persecutes appear more human, we are dehumanized by allowing Sessions to continue his program of child abuse!

PWS

07-16-18

PROFESSOR RUTH ELLEN WASEM IN THE HILL: SAVING ICE – Ditch The Wanton & Counterproductive Cruelty – Supplement “Essential Functions” With “Quality of Life Enforcement!”

http://thehill.com/opinion/immigration/395358-abolishing-ice-good-policy-bad-politics

Ruth writes:

. . . .

The privatization of ICE detention centers has exacerbated the problems the bureau faces and has given considerable fodder to media exposes of abuses.  The DHS Office of Inspector General recently released a scathing report on failures of the private contractors to comply with detention standards. It’s time to restructure the responsibilities to administer detention and removal policies more humanely.

To its credit, ICE also performs critical assignments that include investigating foreign nationals who violate the laws. The main categories of crimes its agents investigate are suspected terrorism, criminal acts, suspected fraudulent activities (i.e., possessing or manufacturing fraudulent immigration documents) and suspected smuggling and trafficking of foreign nationals. ICE investigators are housed in the Homeland Security Investigations (HSI) component and are among those who would dismantle ICE.

If ICE is not at the border performing critical background checks and national security screenings, who does? First, the State Department consular officers screen all foreign nationals requesting a visa, employing biometric technologies along with biographic background checks. In some high-risk consulates abroad, ICE assists in national security screenings. Then, DHS Customs and Border Protection (CBP) inspectors examine all foreign nationals who seek admission to the United States at ports of entry. CBP inspectors and consular officials partner with the National Counterterrorism Center (NCTC) to utilize the Terrorist Identities Datamart Environment on known and suspected terrorists and terrorist groups.

They also check the background of all foreign nationals in biometric and biographic databases such the FBI’s Integrated Automated Fingerprint Identification System. Improvements in intelligence-gathering, along with advances in technologies and inter-agency sharing, have greatly enhanced the rigor of our national security screenings.

The most effective policy for interior immigration enforcement would be one prioritizing “quality of life” enforcement. As I have written elsewhere, it would be aimed at protecting U.S. residents from the deleterious and criminal aspects of immigration. Foremost, it would involve the investigation and removal of foreign nationals who have been convicted of crimes and who are deportable, thus maintaining the important activities of the current ICE investigators.

“Quality of life” enforcement, furthermore, would prioritize investigations of specific work sites for wage, hour and safety violations, sweatshop conditions and trafficking in persons — all illegal activities to which unauthorized workers are vulnerable. “Quality of life” enforcement also would encompass stringent labor market tests (e.g., labor certifications and attestations) to ensure that U.S. workers are not adversely affected by the recruitment of foreign workers, as well as reliable employment verification systems. Many of these functions once were performed by the Department of Labor (DOL), before funding cuts gutted its enforcement duties.

Prioritizing these functions likely would go a long way toward curbing unauthorized migration. Whether DOL or a revamped immigration enforcement be the lead on “quality of life” measures remains a key management question. There is a strong case for re-establishing DOL’s traditional role in protecting U.S. workers and certifying the hiring of foreign workers. Given the critical role that ICE investigators play, it is imperative that they be housed in an agency that provides them with adequate support. These are finer points that can be resolved as the functions are reorganized.

Including a multi-pronged agency or agencies charged with ensuring “quality of life” immigration enforcement measures as part of a package of immigration reforms would only increase the strong public support (roughly two-thirds favor) for comprehensive immigration reform. Good policy. Good politics.

Ruth Ellen Wasem is a clinical professor of policy at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. For more than 25 years, she was a domestic policy specialist at the U.S. Library of Congress’ Congressional Research Service. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration. She is writing a book about the legislative drive to end race- and nationality-based immigration.

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

Hit the above link to read Ruth’s entire article over at The Hill.

I believe that both Nolan Rappaport and I have previously noted the importance of better wage and hour enforcement in preventing employer abuse of both the legal and extra-legal immigration systems. Sure make lots more sense than “busting” hard-working, productive members of our community who have the bad fortune to be here without documents in an era of irrational enforcement!

There are lots of “smart immigration enforcement” options out there. Although the Obama Administration for the most part screwed up immigration policy, toward the end they actually were coming around to some of the “smart enforcement” initiatives, particularly with DACA at USCIS and more consistent and widespread use of prosecutorial discretion (“PD”) at ICE.

Naturally, the Trump Administration abandoned all of the “smart” initiatives started by the Obama Administration and instead doubled down on every cruel, ineffective, and just plain stupid policy from the past. But, that’s because it’s never been about law enforcement or developing a rational immigration policy. It’s really all about racism and White Nationalism. This Administration, representing a minority of Americans, has absolutely no interest in democracy or governing for the common good.

That’s why it’s critical for the rest of us, who want no part of White Nationalist Nation, to begin the process for “regime change” at the ballot box this Fall! And, in the meantime, join the New Due Process Army and fight the horrible excesses and intentionally ugly policies of the Trumpsters!

PWS

07-11-18

MIKE MILLER @ WASHPOST EXPOSES “TURNSTILE JUSTICE” AT BORDER US DISTRICT COURT: US Magistrate Presides Over “Clown Court” Where Traumatized, Bewildered, Migrants Are Coerced Into Pleading Guilty To Crimes Without Understanding The Consequences — Assistant US Attorney “High Fives” Speedy Finish, Turning “Trials” Into A “Sporting Event” — Even The Public Defender Partakes Of The Clown Show By Purporting To Represent 71 Individuals Simultaneously! — Come On, Folks, Whatever Happened To Due Process, Ethics & Professional Responsibility?

https://www.washingtonpost.com/local/they-just-took-them-frantic-parents-separated-from-their-kids-fill-courts-on-the-border/2018/06/09/e3f5170c-6aa9-11e8-bea7-c8eb28bc52b1_story.html

Miller writes:

The words “all rise” were still ringing in the brightly lit South Texas courtroom last week when Peter E. Ormsby slipped unceremoniously into his seat.

“Good morning,” the 62-year-old federal magistrate said as the courtroom filled with the clanking of shackled defendants returning to their wooden benches. “We’re here to take up a number of criminal cases that allege that the defendants violated the immigration laws of the United States.”

Seated in front of Ormsby were 71 disheveled immigrants caught illegally crossing the Rio Grande. The number of defendants has soared amid President Trump’s crackdown on a new surge of border crossers. But the mass hearing was remarkable less for its size than for who it included: parents.

For the first time, federal courtrooms here and across the Southwest are being flooded with distraught mothers and fathers who have been charged with misdemeanor illegal entry and separated from their children — a shift in policy touted by the administration as a way to stop families from trying to reach the United States but decried by critics as traumatizing and inhumane. Last month a Honduran father separated from his wife and 3-year-old son killed himself in a Texas jail cell, The Washington Post reported Saturday.

In McAllen alone, 415 children had been stripped from their parents between May 21 and June 5, according to federal public defenders.

Now, on the morning of June 6, 14 more parents from Central America were facing an agonizing choice with uncertain consequences. They could plead guilty in the hope of speeding up their reunification with their children, but risk damaging their chances of receiving asylum in the United States. Or they could plead innocent and head to trial, a process that could take days or weeks and prolong their separation from their kids.

Seven miles from Mexico and surrounded by brushlands that are home to the border’s busiest smuggling routes, the Bentsen Tower federal courthouse has become one of the anguished epicenters of family separation.

On Wednesday morning, the evidence of that was the tears on the parents’ faces. Many clutched fliers with a phone number they could call to try to get their kids back from the increasingly crowded federal shelters where they are being housed.

. . . .

By day’s end, he would sentence more than 100 people, including 28 parents. Most would receive the lightest punishment possible — time served — before they were handed over to Immigration and Customs Enforcement.

The frenzied pace of the proceedings was no accident. As Moody emerged from court in the afternoon, she and a colleague exchanged a high-five.

“I said I’d get done by 3:20,” the prosecutor said, checking the time to see she was only nine minutes behind schedule.

‘Prosecuting everybody’

Aleman-Bendiks had arrived at the tall, dark glass courthouse shortly after dawn that morning. After preparing for an hour in an office decorated with her diplomas from Rice University and Harvard Law, the 52-year-old federal public defender headed upstairs to the courtroom, where the air smelled like sweat and the 71 immigrants were already seated. She was representing all of them.

“How many of you were traveling with children?” she asked in Spanish. More than a dozen hands shot up.

“How did they separate you?” she said to a Guatemalan woman whose 8-year-old daughter was taken away.

“How long since you saw her?” she asked a Honduran separated from her 6-year-old girl.

“They just took them?” she said to a Salvadoran whose two daughters were gone.

This is what Trump’s zero-tolerance policy looked like to Aleman-Bendiks and scores of other federal public defenders along the border.

. . . .

For Meyers, the challenge is not only logistics but the wrenching stories of families being torn apart. In a conference call with her assistant federal public defenders last month, she said she told them to force judges to confront the issue.

“We think it’s important for the court and everybody to hear what’s happening,” she said.

On May 22, Aleman-Bendiks asked Ormsby in court to pressure the government to provide more information about the fate of families being separated. On May 31, she and her boss, Kyle B. Welch, met with ten officials from ICE, Border Patrol, the Justice Department and the Office of Refugee Resettlement, which cares for the children separated from their parents as well as “unaccompanied minors”who arrived in the United States on their own.

“The idea was to try and give us a sense of what’s happening here,” Aleman-Bendiks said, but the meeting delivered little clear information.

One Border Patrol official did say agents in and around McAllen had a policy of not separating children under 5 from their parents — although that policy does not appear to be in place elsewhere along the border. Children as young as 18 months have been taken from their parents.

On Wednesday, Aleman-Bendiks asked Ormsby to order the government to hand over lists of children separated from their parents so that immigration attorneys could ensure they were reunited.

“My concern is that there are lost children here in the system,” she said. “We are hearing it every day, your honor, and it’s not right.”

Ormsby noted that “children are not within the jurisdiction of this court. These people are here because they have a criminal case here.”

He invited her to prepare a brief on how he could order the government to provide lists. “But on its face,” he added, “it seems questionable to me that the court would have the authority to do that.”

. . . .

But immigration advocates aren’t so sure. “They are now convicted of a crime,” said Leah Chavla of the Women’s Refugee Commission. “Under U.S. law, that could be a bar to them receiving asylum, so they’d have to get a waiver.”

In the end, those complications mattered less to the parents in Ormsby’s courtroom than seeing their kids again. All of them pleaded guilty to illegally crossing the border and were sentenced to time served.

“Obviously, in each of your situations, you committed a crime and so the government was within their rights to pursue that,” the magistrate said. “Whether or not they should exercise their discretion that way is something that is obviously being debated.”

“As someone who has children myself,” he added, “it would be a terrible situation to be separated under those conditions.”

Then the guards put handcuffs back on the parents and led them out of the courtroom, where their future remained as unclear as the location of their children.

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

Read Mike’s complete report at the above link.

As described in Mike Miller’s article, U.S. Magistrate Judge Peter Ormsby appears to preside over a “court” where “justice” for traumatized, obviously bewildered, and coerced migrants is a cross between a sporting event and a bad joke.

The U.S. Supreme Court held that understanding the immigration consequences of a conviction is a critical element in a migrant’s voluntary decision to plead guilty. Many of these migrant defendants obviously wanted to know whether a guilty plea would 1) free them from detention, 2) reunite them with their children, and 3) adversely affect their asylum cases. Neither Judge Ormsby nor anyone else in his courtroom was able to answer accurately. Judge Ormsby had the authority to defer accepting the pleas until the Assistant U.S. Attorney provided the answers. Yet, he did not do so. These guilty pleas appeared to be neither informed nor voluntary. A federal judge therefore should not have accepted them.

No wonder the prosecuting Assistant U.S Attorney “high fived” at the end of this farce. Likewise, the Public Defender’s claim to simultaneously represent 71 non-English-speaking defendants was a remarkable twist on the canons of ethics and professional responsibility.

Would a group of white, middle class, mostly first-time misdemeanor defendants have been treated this way in federal court? I doubt it. Yet, due process applies equally to everyone in the U.S. regardless of status.

PWS

06-10-18

 

DACA MESS: GOP AGs FILE SUIT WITH “FRIENDLY” JUDGE TRYING TO FORCE SUPREME’S HAND ON DACA!

7 states sue to end DACA, potentially jumbling its legal future

By: Tal Kopan, CNN

The future of the Deferred Action for Childhood Arrivals program got murkier Tuesday when the Texas attorney general made good on a threat to challenge it in court.

The lawsuit throws a wrench in an already-complicated legal morass for the DACA program, which protects young undocumented immigrants who came to the US as children and which President Donald Trump has been blocked from ending, for the time being, by other federal courts.

The lawsuit has the potential to create a headache for the Justice Department and courts as it could potentially conflict with rulings from judges in three separate judicial regions of the country who have blocked the end of DACA and could force the government to take an awkward position in the case.

It may also potentially seal the issue’s path to the Supreme Court.

Texas Attorney General Ken Paxton and six other states on Tuesday filed a lawsuit challenging the lawfulness of DACA, arguing that former President Barack Obama’s initial creation of DACA in 2012 violated the Constitution and federal law.

The move follows through on a threat from Paxton and what was originally nine other states to challenge DACA in court as part of a lawsuit regarding a similar but broader program that expanded upon DACA to include parents. Paxton issued an ultimatum to Trump: End DACA himself or defend it in court and face the prospect it is overturned by a judge that had already rejected the program’s expansion in that other lawsuit.

More: http://www.cnn.com/2018/05/01/politics/daca-lawsuit-challenge-texas/index.html

(Bonus link: https://www.cnn.com/2018/05/01/us/border-patrol-agent-less-dangerous-than-being-police-officer-invs/index.html )

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

The DACA kids aren’t going anywhere. It’s just a question of how much unnecessary pain and suffering can be inflicted on America’s future leaders and how much enmity from the growing Hispanic electorate Paxton and his White Nationalist cronies will create for the GOP. It figures to be lots.

Hopefully, enough to eventually lead to the GOP’s demise as a viable political force in US politics and the rise of a non-racist Conservative opposition party to take its place.

No, it’s not going to happen in my lifetime! But, hopefully in my kids or grandchildren’s. That’s really what the “New Due Process Army” is all about!

On the “bonus coverage,” it’s a shame that the false narratives about immigration and crime pushed by DHS and encouraged by the Trump Administration are eclipsing truth and understanding.

I’ll testify from my work representing and training Border Patrol Agents at the “Legacy INS” that it’s a difficult, dangerous, important, and thankless job. The vast majority of Border Patrol Agents perform it with courage, dedication, and professionalism. I had friends in the Patrol. Somewhere in the dusty recesses of the Schmidt attic among the remains of my Government career is a box of Border Patrol mementos and memorabilia.

Immigration law enforcement is also being hurt by the bogus White Nationalist “scare stories,” false crime narratives, and constant overt and covert messages of racism being delivered by Trump, Sessions, and their cronies. In the end their dishonest and distorted picture of immigrant communities, the asylum system, their denial of the contributions of all migrants, and their constant over hyping of the dangers of undocumented immigration (it’s been a net gain for the US, and would be an even greater net gain had we enacted a more rational and realistic legal immigration system) hurt everybody in the US, including law enforcement.

In this, as in most situations, a Government dedicated to truth rather than lies and exaggerations designed to divide our country and “fire up” a voter base would better serve the national interest and the interests of everyone concerned.

The Border Patrol’s mission can and should stand on its own merits. It doesn’t need inflated statistics and false narratives.

PWS

05-03-18