Kris Kobach – Page 10 – immigrationcourtside.com

NOTORIOUS RACIST “SHERIFF JOE” MIGHT FINALLY BE HELD ACCOUNTABLE FOR ABUSIVE CAREER!

https://www.washingtonpost.com/opinions/joe-arpaio-learns-that-he-is-not-above-the-law/2017/06/30/3f16c8a4-5c43-11e7-9b7d-14576dc0f39d_story.html?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory&utm_term=.d5e7514d1c25

From and editorial in the Washington Post:

“THE ESSENCE of Joe Arpaio’s long reign as sheriff of Arizona’s Maricopa County, whose 4 million residents in and around Phoenix make it one of the nation’s biggest localities, was lawlessness masquerading as law enforcement. Blatant racial profiling, inhumane treatment of prisoners and contempt for federal court orders — this was the stuff on which Mr. Arpaio staked his relentlessly self-promoted reputation as “America’s toughest sheriff.”

Now Mr. Arpaio, who lost a reelection bid for a seventh term in the fall after voters tired of shelling out tens of millions of dollars in legal fees on his behalf, is facing a day of reckoning. In a trial that began Monday in federal court, Mr. Arpaio stands accused of criminal contempt of court for having thumbed his nose at a federal judge who ordered a halt to Mr. Arpaio’s traffic patrols, which singled out Hispanics on the basis of nothing more than their appearance, for immigration enforcement.

Lawyers for Mr. Arpaio, who is 85, have tried out an array of legal strategies in his defense, variously arguing that he did not understand the order , or that the order was ambiguous or invalid. His supporters argue that the entire case is a political vendetta orchestrated by holdovers from the Obama administration in the Justice Department.

Unfortunately for the sheriff, the most damning evidence against him are the words he himself uttered, unambiguously, after U.S. District Judge G. Murray Snow, in December 2011, ordered his office to halt detentions based on nothing more than suspicion that a person might be in violation of federal immigration law. “I’m still gonna do what I’m doing,” Mr. Arpaio told the media in April 2012 . “I’m still gonna arrest illegal aliens.”

The sheriff’s insolence — an open admission that he would persist in conduct the judge had ruled was discriminatory — translated into open defiance. For at least 18 months, his deputies continued to racially profile motorists for detention. Some 170 people were stopped in that period, even as Mr. Arpaio’s own lawyer at the sheriff’s department warned him to stick to enforcing the state laws he was sworn to uphold, not federal ones.”

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Read the full article at the link.

Trump, Kobach, and other GOP politicos have cozied up to “Sheriff Joe” over the years. Eventually, the truth will out. Frankly, that’s why Trump, Kobach, Pence and others in the GOP are so anxious to suppress Hispanic American and other minority votes before the tide of racial justice finally turns. These guys are scared senseless of American democracy.

PWS

07-02-17

SMELLING A RAT (NAMED KOBACH), MANY STATES DECLINE TO PROVIDE VOTER INFO TO BOGUS TRUMP COMMISSION LOOKING FOR VOTER FRAUD — GOP’S WELL-KNOWN VOTER SUPPRESSION EFFORTS TURN OFF MANY!

https://www.washingtonpost.com/national/trumps-voting-commission-asked-states-to-hand-over-election-data-theyre-pushing-back/2017/06/30/cd8f812a-5dce-11e7-9b7d-14576dc0f39d_story.html?hpid=hp_hp-top-table-main_voterintegrity-625pm:homepage/story&utm_term=.5cd2f8de9d8d

The Washington Post reports:

“President Trump’s voting commission stumbled into public view this week, issuing a sweeping request for nationwide voter data that drew sharp condemnation from election experts and resistance from more than two dozen states that said they cannot or will not hand over all of the data.

The immediate backlash marked the first significant attention to the Presidential Advisory Commission on Election Integrity since Trump started it last month and followed through on a vow to pursue his own unsubstantiated claims that voter fraud is rampant and cost him the popular vote in the presidential election. The White House has said the commission will embark upon a “thorough review of registration and voting issues in federal elections,” but experts and voting rights advocates have pilloried Trump for his claims of widespread fraud, which studies and state officials alike have not found. They say that they fear the commission will be used to restrict voting.

Those worries intensified this week after the commission sent letters to 50 states and the District on Wednesday asking for a trove of information, including names, dates of birth, voting histories and, if possible, party identifications. The letters also asked for evidence of voter fraud, convictions for election-related crimes and recommendations for preventing voter intimidation — all within 16 days.

[Trump’s voter-fraud commission wants to know voting history, party ID and address of every voter in the U.S.]

While the Trump administration has said it is just requesting public information, the letters met with swift — and sometimes defiant — rejection. By Friday, 25 states were partially or entirely refusing to provide the requested information; some said state laws prohibit releasing certain details about voters, while others refused to provide any information because of the commission’s makeup and backstory.

President Trump signed an executive order on May 11, initiating an investigation into voter suppression and election fraud. Here’s what we know so far. (Patrick Martin/The Washington Post)

“This entire commission is based on the specious and false notion that there was widespread voter fraud last November,” Virginia Gov. Terry McAuliffe (D) said in a statement. “At best this commission was set up as a pretext to validate Donald Trump’s alternative election facts, and at worst is a tool to commit large-scale voter suppression.”

California, a state Trump singled out for “serious voter fraud,” also refused to participate. Alex Padilla, the California secretary of state, said providing data “would only serve to legitimize the false and already debunked claims of massive voter fraud.”

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Read the complete article at the link.

Gee whiz, why would anyone think that a Commission led by notorious white nationalist, racist, xenophobe Kris Kobach, in behalf of the GOP, which has been on the forefront of voter suppression efforts, formed because The Donald can’t face the fact that Hillary was more popular than he was, would have any ulterior motives up its sleeve! Oh yeah, and did I mention that Kobach recently was sanctioned by a Federal Judge for unethical behavior? See http://immigrationcourtside.com/2017/06/24/federal-judge-sanctions-kobach-for-misconduct-in-ks-voting-rights-case/

Just one more way the Trump Administration wastes taxpayer money while attacking American democracy.

PWS

07-02-17

TEXAS AG PAXTON, OTHER GOP RACIST POLITICOS MOUNT ATTACK ON YOUNG PEOPLE OF COLOR!

http://www.cnn.com/2017/06/30/politics/trump-daca-bind/index.html

Tal Kopan reports for CNN:

“Washington (CNN)President Donald Trump has let a controversial Obama-era immigration policy continue — and conservative states are running out of patience.

Texas Attorney General Ken Paxton was joined by his counterparts in nine other states in a letter Thursday warning Attorney General Jeff Sessions that if the Trump administration does not move to end Deferred Action for Childhood Arrivals, they will file a court challenge to the program.
At the heart of the threat is ongoing litigation over a related program — giving the attorneys general an opening to squeeze the administration on DACA.
Despite explicitly pledging during the campaign to “immediately” rescind DACA, a program that gives undocumented immigrants brought to the US as children protection from deportation and the ability to work and study in the US, the Trump administration has continued to honor the program and issue new permits under it.
With its efforts, the administration appears to want to have it both ways, continuing the program and pledging to protect its participants while saying the situation isn’t necessarily permanent and arresting those who officials say have lost their DACA status. But that position has angered activists on both sides of the issue, who in a rare moment of agreement have expressed similar frustrations that the administration won’t clearly articulate its long-term plans for DACA.
At issue is pending litigation in Texas that has challenged an Obama administration program that’s similar to DACA but geared toward parents of childhood arrivals as well as an extension of the childhood arrivals program, both of which were never allowed to go into effect by the courts.
The Trump administration formally abandoned the Deferred Action for Parents of Americans and Lawful Permanent Residents program, known as DAPA, earlier this month to avoid having to defend it in court. But it left DACA on the books despite similar criticism of that program — namely that both programs were an overreach of executive authority.
Asked by CNN about that decision, Homeland Security Secretary John Kelly at the time called it “house cleaning,” saying the program for parents was blocked by the courts while the one for those who came to the US was children wasn’t.
But Paxton wrote that if the administration doesn’t end DACA by September 5, Texas will amend its complaint in the case to include that program — which would force the administration to defend the program in litigation or abandon it.
“We respectfully request that the Secretary of Homeland Security phase out the DACA program,” Paxton wrote in the ultimatum. “Otherwise, the complaint in that case will be amended to challenge both the DACA program and the remaining Expanded DACA permits.”
The Department of Justice and DHS did not respond to a request for comment on the letter. Sessions was asked about it on “Fox and Friends” on Friday and seemingly praised the states.
“The DAPA law has already been withdrawn,” Sessions said when asked what changes could be coming. “That was a big victory, and we’ll be looking at that. But I’ve got to tell you, I like it that our states and localities are holding the federal government to account, expecting us to do what is our responsibility to the state and locals, and that’s to enforce the law.”

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Trying to throw 800,000 American young people — basically America’s future — out of the country and sow fear in local ethnic communities has nothing whatsoever to do with law enforcement. But, it has lots to do with racism and white nationalism. The real target here is Hispanic Americans and other ethnic Americans from immigrant roots.

Paxton, Texas Governor Greg Abbott, Kansas Secretary State Kris Kobach and their followers are the George Wallaces, Lester Maddoxes, and Orval Faubuses of our time. Yeah, white racists might be giving it one more go. But, like the Trump victory, it is the last gasp. Eventually, the screw will turn as it did for prior generations of racist politicians.

To point out the obvious, with 600,000 pending cases in U.S. Immigration Court, the Trump Administration could not actually remove another 800,000 individuals any time in the foreseeable future. So, it’s all about meanness, fear, racism, white nationalism, and trying to prevent these young people from fully participating in our society. In other words, to make them a permanent underclass. Sound familiar?

The Dream Act to protect these young people should have become law years ago. But, then Senator Jeff Sessions and other GOP right wingers blocked its passage, even though it had the support of the majority of Senators. So, although legislation would be the logical solution, I wouldn’t count on it under today’s polarized conditions.

And, today’s GOP has become the home of racists and white supremicists. Something that anyone who runs on the GOP ticket or pulls the lever for a GOP candidate should consider.

PWS

07-01-17

TAKE 5 MINUTES TO LOOK INSIDE THE “AMERICAN GULAG” OF CIVIL IMMIGRATION DETENTION BEING PROMOTED BY TRUMP, SESSIONS, KELLY & THE HOUSE GOP!

https://www.youtube.com/watch?v=3HeV1QSrEdo#action=share

Published on Jun 26, 2017

Learn about the history, laws, and unjust realities of the U.S. immigration detention system in this short 5-minute film. Narrated by Kristina Shull. Graphics and editing by Stephanie Busing. Script by Terry Ding and Rachel Levenson at NYU’s Immigrant Rights Clinic in collaboration with CIVIC. Learn more and at www.endisolation.org.

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Talk about fraud, waste, abuse, and corruption. And, amazingly, House Republicans are pushing for yet more mandatory detention, this time for those convicted of DUIs who have already completed punishment and are now subject to case-by-case determinations by U.S. Immigration Judges as to whether or not bond should be granted.

As an Immigration Judge, I denied bond in lots of cases with multiple DUIs, probably a substantial majority. But, each case was different, and there were some where the violations were well in the past, the individual had documented freedom from alcohol or substance abuse, and had strong U.S. equities, where bond was appropriate.

And since all cases depend on facts and proof, it’s important for the Judge to listen and be empowered to make the best decision for society and the individual under all the circumstances. “One size fits all” mandatory detention is an abuse of legislative authority and a waste of taxpayer money.

While to date it has not been found unconstitutional, I daresay that’s because the Supreme Court Justices who decide such matters have never had to experience the extreme dysfunction and inherent unfairness of the current immigration detention system on a daily basis like those of us who have served as trial judges. For that matter, they don’t completely understand the total dysfunction of our current Immigration Courts, and the systemic inability to deliver due process on a consistent basis throughout the nation. 600,000 pending cases! That dwarfs the rest of the Federal Judicial system.

Perhaps what it will take to change the system is for some of the Justices to have their son-in-law, daughter-in-law, or law clerk’s spouse more or less arbitrarily tossed into the world of immigration detention. Yes, folks, it’s not just recent border crossers, dishwashers, waitresses, and gardeners who end up in the “American Gulag” that so delights Jeff Sessions. “Professionals,” kids, pregnant women, and human beings from all walks of life, many with only minor violations or no criminal record at all, can end up there too.

PWS

06-28-17

Immigrants Bridge The Gap With Local Communities — “The Haters Are Always Wrong, And The Haters Will Eventually Lose.”

https://www.washingtonpost.com/opinions/working-to-build-bridges-between-immigrants-and-their-new-communities/2017/06/23/03c1bb1a-4d2a-11e7-a186-60c031eab644_story.html?utm_term=.2bcde1762b2f

Steven V. Roberts writes in a WashPost op-ed:

“These are all good examples that will, hopefully, ease the “cultural anxiety” Noorani writes about. But he shies away from discussing a key dimension of Trump’s appeal: racism. “A significant portion of the American electorate felt their country had been taken away,” he writes, but he doesn’t complete the thought. Taken away by whom? Let’s be honest. Many of those voters believe that their country has been overrun by dark-skinned, foreign-language-speaking aliens.

While it is wildly unfair to call all Trump supporters racists, it is equally inaccurate to ignore that the president deliberately inflamed racist impulses to win the election.

Moreover, Noorani lacks a larger perspective. Trump is a very American figure. Anti-immigrant fears didn’t start with globalization and weren’t “triggered” by the election of Barack Obama. Throughout our history, spasms of nativist hostility have erupted against each new group arriving on our shores: Germans and Jews, Irish and Italians, Japanese and Chinese.

Hispanics and Muslims are now the objects of this animosity, and the language directed against them is the same that’s been used to demonize newcomers for more than two centuries: This group will degrade our culture and alter our identity. But today’s targets can take comfort from the clear lessons of history.

Immigrants do change our culture — for the better. They reenergize and revitalize our civic spirit. The haters are always wrong, and the haters will eventually lose. Tiwana and Noorani himself prove that truth.

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Read the entire op-ed at the link.

Trump and his supporters might be on the right side of the political equation at this point in time, but they are squarely on the wrong side of history. Before joining up with the Trump Team, folks ought to think about being remembered by their grandchildren and great grandchildren in the same way that we think about such notorious racists as Alabama Governor George Wallace, Georgia Governor Lester “Pickax” Maddox, and Arkansas Governor Orvil Faubis, or those who engineered and championed such abominations as the Chinese Exclusion Act.

Even iconic American historical figures like President Woodrow Wilson and Gen. Robert E. Lee have recently had their racism and support for racist causes eventually catch up with them and tarnish their reputations. In the long run, the cause of intolerance, fear, and bias promoted by Trump, Pence, and today’s GOP will look pretty bad. Yeah, we’ll all be gone by then. But, our descendants and history will remember where we stood.

PWS

06-25-17

FEDERAL JUDGE SANCTIONS KOBACH FOR MISCONDUCT IN KS VOTING RIGHTS CASE!

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2017/06/24/kobach-sanctioned-for-39-deceptive-conduct-39-in-proof-of-citizenship-lawsuit-fish-v-kobach.aspx

Dan Kowalski reports from LexisNexis Immigration:

“Fish v. Kobach, June 23, 2017 – “[D]efendant’s deceptive conduct and lack of candor warrant the imposition of sanctions. … [D]efendant made patently misleading representations to the court … The court cannot say that defendant flat-out lied in representing the content of the disputed documents. … “Most attorneys, of course, try to convey evidence in the best possible light for their clients. But there is a difference between putting evidence in the best possible light and blatantly misstating the evidence.” … When counsel’s false references in a brief indicate “that he has been either cavalier in regard to his approach to this case or bent upon misleading the court,” sanctions are appropriate. … [P]laintiffs are permitted to take the deposition of Secretary Kobach with respect to non-privileged information and evidence pertaining to the draft amendment and the photographed document. … The undersigned will preside over the deposition and contemporaneously resolve any disputes that arise.”

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Go to the link for the full decision.

Gee, Kris, the rules in Federal Court apply even to guys like you!

PWS

06-24-17

REFUGEES ADJUST QUICKLY TO U.S. — PAY MORE IN TAXES THAN BENEFITS AFTER JUST EIGHT YEARS — New Study Debunks Trump’s Anti-Refugee Rhetoric!

https://www.washingtonpost.com/news/wonk/wp/2017/06/13/refugees-give-more-money-to-the-government-than-the-government-gives-to-them-study-says/?utm_term=.b120dcea381b

Tracy Jan writes in the Washington Post’s Wonkblog:

“Refugees have been at the center of a political maelstrom, accused of everything from terrorism to being a drain on taxpayers — prompting President Trump, in one of his first official acts, to suspend the country’s four-decade old refugee resettlement program.

But a new study shows that refugees end up paying more in taxes than they receive in welfare benefits after just eight years of living in this country.

By the time refugees who entered the U.S. as adults have been here for 20 years, they will have paid, on average, $21,000 more in taxes to all levels of government than they received in benefits over that time span, according to a working paper released Monday by the National Bureau of Economic Research that examined the economic and social outcomes of refugees in the U.S.

“There was a lot of rhetoric saying these people cost too much, but we didn’t actually know what that number was,” said William N. Evans, an economist at the University of Notre Dame who co-authored the paper.

Trump, in his January executive order temporarily barring refugees from entering the country, had directed the State Department to study the long-term costs of the refugee admissions program to federal, state and local governments.”

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Read the complete story at the link.

Trump’s immigration policies usually are not based on facts. He uses anti-immigrant anecdotes (some fabricated or exaggerated) along with policy statements straight out of the Bannon, Miller, Sessions, Kobach White Nationalist playbook to “whip up his base” and promote xenophobia.

PWS

06-14-17

NYT: Meet The White Nativist, Anti-Democracy Politician Kris Kobach — If You’re Non-White, He’s Out To Restrict Or Eliminate Your Right To Shape America’s Future — “implementing policies that protect the interests and aims of a shrinking white majority.”

https://www.nytimes.com/2017/06/13/magazine/the-man-behind-trumps-voter-fraud-obsession.html?action=click&contentCollection=Opinion&module=Trending&version=Full®ion=Marginalia&pgtype=article

Read Ari Berman’s shocking profile of a minor politician who wields outsized influence within the GOP and is out to put a “White’s Only” sign on the American Dream. For Kobach, the “Jim Crow Era” was the glory day of the “rule of law” in the U.S. When Kobach talks about the “rule of law” it’s code for using the legal system to cement the rule of a disproportionately white GOP minority over the rest of us, and particularly Americans of color. Will the “sleeping majority” wake up before we’re all disenfranchised by this racist in a suit hiding behind his Yale law degree and ability to spin legal gobbledygook? Kobach isn’t just “the ACLU’s worst nightmare,” as he smugly touts himself. He’s American Democracy’s worst nightmare!

Here’s a sample of what Kobach has in store for the rest of us:

“Kobach’s plans represent a radical reordering of American priorities. They would help preserve Republican majorities. But they could also reduce the size and influence of the country’s nonwhite population. For years, Republicans have used racially coded appeals to white voters as a means to win elections. Kobach has inverted the priorities, using elections, and advocating voting restrictions that make it easier for Republicans to win them, as the vehicle for implementing policies that protect the interests and aims of a shrinking white majority. This has made him one of the leading intellectual architects of a new nativist movement that is rapidly gaining influence not just in the United States but across the globe.”

Read Berman’s lengthy article, and think about what YOU can do to put the kibosh on the plans of this self-proclaimed “fanatic” and his dream of turning America into a “White GOP Folks Only Club.” Even Republicans who might remember enough to know that the GOP in the far, far distant past was the “Party of Lincoln” might want to rethink their party’s support of and association with this dangerous extremist. Act before it’s too late and Kobach steals YOUR American Dream and turns it into a nightmare!

PWS

06-13-17

STONEWALLED!! — Congress Says “NO” To Trump’s Wall — Trims Back Requests For DHS Agents & Detention — Funds 10 New U.S. Immigration Judge Teams — Asks For 365 Day “Median” Court Case Cycle (Dream On, Dream On)!

Here’s the Section of the House Appropriations Committee Report relating to EOIR and the U.S. Immigration Courts:

"EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $457,154,000 for the Executive 
Office for Immigration Review (EOIR), of which $4,000,000 is 
from immigration examination fees. The recommendation is 
$29,003,000 above the request. The recommendation will support 
25 additional immigration judge (IJ) teams. In addition, the 
recommendation includes a $1,706,000 program increase for the 
modernization of mission critical systems and a $5,727,000 
program increase for infrastructure improvements. The 
recommendation sustains the current legal orientation program 
and related assistance, such as the information desk pilot. The 
recommendation does not include any funding to establish or 
fund a legal representation program.
    Assuring immigration regulation helps optimize strong 
enforcement.--The Committee is concerned with the pace of 
hiring and onboarding Immigration Judges funded in fiscal years 
2015 and 2016, and expects the Department to accelerate the 
recruitment, background investigation and placement of IJ teams 
to areas that have the highest workload. The Committee is 
alarmed that despite the increased resources provided to EOIR 
in fiscal years 2015 and 2016, the median days pending for a 
detained immigration case is 71 days and the median days 
pending for a non-detained case is 665 days. While the 
Committee understands that factors outside the control of 
Immigration Judges can affect case length, these median case 
times are unacceptable. The Committee directs EOIR to establish 
a goal that by the end of the fiscal year 2017 the median days 
pending of detained cases be no longer than 60 days, and the 
median length for non-detained cases be no longer than 365 
days. To monitor the progress in this effort, the Committee 
directs EOIR to continue to provide monthly reporting on EOIR 
performance and IJ hiring as specified in the statement 
accompanying the fiscal year 2016 Omnibus Appropriation Act.
    Court space.--The recommendation fully funds the request 
for additional court infrastructure and expects EOIR to use 
these funds fully to ensure that additional IJ teams have the 
necessary court space. However, the Committee is concerned that 
EOIR is not using all available EOIR or Department of Homeland 
Security (DHS) space. EOIR is directed to provide a report to 
the Committee within 90 days of enactment of this Act outlining 
its utilization of existing EOIR and DHS space and its plans 
for acquiring additional space in order to accommodate 
additional Immigration Judges.
    Visa overstay cases.--The Committee directs EOIR to submit 
a report, no less than 60 days after enactment of this act, and 
monthly thereafter, detailing the number of instances of visa 
overstay cases that have been adjudicated through the court 
system, and recommend steps to take in coordination with other 
agencies to streamline visa overstay adjudication procedures.
    To better understand the policy and practice of immigration 
courts in setting detainee bonds, the Committee directs the 
Executive Office for Immigration Review (EOIR) to report within 
120 days of enactment on how immigration judges use ``ability 
to pay'' criteria in determining the amounts of bonds, and the 
process for appealing such bond decisions. In addition, the 
report should include for fiscal years 2012-2016 the number of 
requests for reconsideration or appeals of bond amounts; how 
many requests or appeals resulted in reductions in bonds; and 
how many detainees did not pay bond set by an immigration 
judge."

The complete Committee Report, H.R. Rep. No.114-605, is available here: https://www.congress.gov/congressional-report/114th-congress/house-report/605
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And, here is the actual language from the Appropriations Bill:

“EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

(INCLUDING TRANSFER OF FUNDS)

This Act includes $440,000,000 for the Executive Office for Immigration Review (EOIR), of which $4,000,000 is derived by transfer from fee collections. This reflects funding for EOIR in a separate appropriation account, in lieu of being funded under the former Administrative Review and Appeals appropriation.

Within the funding provided, EOIR is directed to continue ongoing programs, continue the hiring process of new judges funded in fiscal year 2016, recruit and hire no fewer than 10 new Immigration Judge (IJ) Teams, and complete modernization of mission critical systems and improvements in infrastructure as described in the budget request.

Immigration Judge Hiring and Adjudication Backlog.-The Department shall accelerate its recruitment, background investigation, and placement of IJ teams and establish median days pending targets for cases (detained and non-detained) as specified in the House Report. For fiscal year 2017, EOIR shall continue to submit monthly performance and operating reports to the Committees on Appropriations, to include the status of its hiring and deployment of new IJ teams, in the format and level of detail provided in fiscal year 2016. In addition, not later than 60 days after the date of enactment of this Act, EOIR shall report to the Committees on Appropriations on visa overstay cases as directed in the House report.”

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In the final version of the bill, Congress supported EOIR’s mission with increased resources.

Not surprisingly, the Committee was concerned about the glacial pace at which the DOJ hired new Immigration Judges authorized in FY 2015 & FY 2016. Attorney General Sessions says he has already taken steps to “streamline and expedite” IJ hiring, although I’m not aware of the details of the revised judicial hiring process.

The Committee was also critical of the failure of the
DOJ/EOIR to obtain sufficient space for additional Immigration Judges, noting that EOIR was not currently using all available space for Immigration Courtrooms.

Notwithstanding these problems, the bill provides for 10 additional Immigration Judge “Teams” (including support staff). This was in lieu of the 25 additional Immigration Judge Teams mentioned in the report.

The Committee was shocked by the “median times” for completing both detained (71 days) and non-detained (665 days) cases. It ordered EOIR to establish goals of 60 days median for detained cases and 365 days for non-detained cases.

The 60 day detained goals appears achievable, particularly because the Trump Administration is now diverting Immigration Court resources to the detained docket. However, the Administration’s apparent intent to increase both arrests and detentions could hamper that goal.

By contrast, the 365 day non-detained goal shows a massive disconnect in the Committee’s knowledge and understanding of the current Immigration Court system. With the backlog steadily rising under the Trump Administration to 570,000 cases, careening toward 600,000, with no end in sight, a 365 day “goal” is right out of “Never-Never Land.”

Indeed, reassigning Immigration Judges from the non-detained to the detained docket to achieve a 60 day median is likely to result in further deterioration in the 665 day median for non-detained cases. And, 10 new IJs, while certainly very welcome, are a mere drop in the bucket — unlikely to make any significant dent in the backlog or the median time for non-detained cases.

The only ways to cut the median for non-detained cases to anything approaching 365 days would be by 1) doubling the size of the Immigration Judiciary (now at approximately 305), or 2) cutting the Immigration Court’s docket in half.

The former simply is not feasible in the foreseeable future, particularly given the DOJ’s inability to fill currently vacant IJ positions and to make realistic plans for expansion of courtrooms.

The second alternative could be achieved, but not the way the Trump Administration is proceeding. Instead of “jacking up” arrests, detention, and court dockets, the Administration would have to exercise discretion to pull the vast majority of the 570,000 pending cases out of court and allow individuals without serious criminal records to remain in the U.S. Eventually, some type of legalization legislation would have to be developed with Congress.

Additionally, rather than expanding the priorities to include “almost anybody,” the Administration would have to further refine the Obama Administration priorities so that only those individuals convicted of serious crimes were targeted for removal proceedings.

The current system is heading for a massive “train wreck.” While the Committee’s support of the Immigration Courts is an important step in the right direction, it doesn’t come close to addressing the current dysfunctions at DHS and DOJ with respect to the Immigration Court system.

Finally, the Committee seemed interested in getting more information about the bond system in Immigration Court, with particular emphasis on whether and how Immigration Judges were considering “ability to pay” as part of the equation for setting bonds.

PWS

05-02-17

BREAKING: ENJOINED AGAIN! NATIONWIDE TRO! Judge in Hawaii Says Travel Ban Violates Establishment Clause! Trump Administration Basically Found “Not Credible” On Immigration/National Security Claims — Trump’s Own Statements & Those of Giuliani, Miller Used To Show Bias!

http://www.huffingtonpost.com/entry/trump-travel-ban-blocked_us_58c99d18e4b00705db4bc38f

Report from HuffPost:

“A federal judge in Hawaii has placed a nationwide hold on key aspects of President Donald Trump’s second attempt at a ban on travel ― a scaled-back version that targeted all non-visa holders from six Muslim-majority countries, as well as a halt on the U.S. refugee resettlement program ― just hours before the new restrictions were to take effect.

U.S. District Judge Derrick Watson said sections of the new travel order likely amounted to a violation of the First Amendment’s establishment clause, which forbids the government from disfavoring certain religions over others.

Watson gave short shrift to the Trump administration’s argument that the new restrictions applied to a “small fraction” of the world’s 50 predominantly Muslim nations ― and thus could not be read to discriminate Muslims specifically.

“The illogic of the Government’s contentions is palpable,” Watson wrote. “The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed.”

The judge also discarded the government’s defense that the text of the new executive order was silent on religion, supposedly solving constitutional defects identified by courts with the first order.

“Any reasonable, objective observer would conclude … that the stated secular purpose of the Executive Order is, at the very least, secondary to a religious objective of temporarily suspending the entry of Muslims,” Watson wrote.”

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Here is Judge Watson’s written decision in State of Hawaii v. Trump:

http://www.hid.uscourts.gov/files/announcement142/CV17-50%20219%20doc.pdf

More bad news for the Administration — the Third Circuit has enjoined the removal of an Afghani interpreter with a visa who was denied admission and allegedly “withdrew” his application. Read about it in the WashPost here:

https://www.washingtonpost.com/national/immigration-authorities-to-deport-afghan-man-who-helped-us-government/2017/03/15/a7eecb9a-098e-11e7-a15f-a58d4a988474_story.html?hpid=hp_rhp-banner-main_travelban1010am:homepage/story&utm_term=.051c21ef8afe

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It’s early in the game on the Administration’s uncompromisingly hard line approach to immigration issues. So far, however, they have racked up an impressive string of losses from coast to coast from Article III Judges all across the spectrum.

In other words, the bombastically inappropriate statements made by Trump and his advisors have “poisoned the well,” and the Administration is probably going to find it difficult to “un-poison” it. And, as long as guys like Bannon, Sessions, Miller, and Kobach are calling the shots, that might never happen.

As some have suggested, perhaps the President and his advisors need a type of “Executive Miranda Warnings” before they shoot off their mouths (or their Twitters) in public: “Everything you say (or Tweet) can and will be used against you.”

The next stop for “Travel Ban 2.0” probably will be the 9th Circuit. But, since the Administration already lost there on its appeal of the TRO in State of Washington v. Trump, I wouldn’t hold my breath waiting for the 9th Circuit to lift the TRO. Like President Obama with the “DAPA Fiasco,” President Trump is learning that U.S. District Judges wield considerable power in our system. As one of my colleagues once said, “U.S. District Judges are the last living potentates.”

None of this bodes well for the Administration’s next ill-advised plan — to ramp up removals, increase the use of immigration detention, maximize “expedited removal,” and reduce what’s left of the U.S. Immigration Court to the equivalent of two-shift assembly line workers churning out removal orders. Chances are that the Article III Courts are going to have something to say about that too. And, unless the Administration moderates its approach, it’s not likely to be anything they like.

PWS

03/15/17

WSJ OPINION: JASON L. RILEY — Steve King & Other White Nationalists Are Wrong — America Is Not Europe — That’s Why Refugee Assimilation Works Here — “Shared Ideals” Are Key (And They Are Not The “Ideals” Spouted By King & His Crowd)

https://www.wsj.com/articles/america-doesnt-have-europes-immigration-problems-1489530039

Riley writes:

“America doesn’t have that problem because it has done things differently. Here, the emphasis is on shared ideals rather than shared cultural artifacts. The U.S. model for assimilation has been more successful because of the country’s value framework, which is the real immigrant magnet. Longitudinal studies, which measure the progress of the same individuals over time, show that U.S. immigrants today continue to assimilate despite the best efforts of bilingual education advocates and anti-American Chicano Studies professors. As with previous immigrant waves, different groups progress at different rates, but over time English usage, educational attainment and incomes do rise.

Mr. King may fear immigrant babies, but he should be more careful not to confuse his personal problems with America’s. Given the coming flood of baby-boomer retirees over the next two decades, those high birthrates are just what the pediatrician ordered.”

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

Generally, Riley is on the right track. His observations match my experience in Immigration Court where most of the individuals coming before me shared the same values I had: stability, safety, a future for their kids, opportunity for political and economic participation, community and often religious involvement. In other words, being part of a society that is generally functional, rather than dysfunctional as in many of the countries migrants flee.

But, I didn’t appreciate Riley’s snide remark about bilingual education. That’s perhaps because my daughter Anna has taught English Language Learners and still works with migrant populations in the Beloit, WI Public School System.

Bilingualism helps families to learn English and communicate, particularly to the older generation and friends and family abroad. Individuals who are bilingual and at home in different linguistic situations have more satisfying lives and better economic opportunities.

Indeed, America is far behind many other developed countries in bi- and tri-lingualism. It was not uncommon in the Arlington Immigration Court to encounter respondents who were fluent in a number of languages, although for obvious reasons most preferred to have their “merits” court hearings in their “best” language.

That’s just one of the reasons why many “Dreamers” with biglingual skills are well-positioned to be our leaders and innovators of the future. And, we’re fortunate to have them contribute their talents to our society. We’re going to need the talent and energy of all of our young people as well as births to continue to prosper in the future.

PWS

03/15/17

“Duh” ARTICLE OF THE WEEK: Guess What? Immigration Policy Is Complex And Difficult — The President Should Seek Some Decent Advice!

https://www.washingtonpost.com/politics/trumps-hardline-immigration-rhetoric-runs-into-obstacles–including-trump/2017/02/17/37ba2218-f537-11e6-b9c9-e83fce42fb61_story.html?hpid=hp_rhp-top-table-main_trumpimmigration-8pm%3Ahomepage%2Fstory&utm_term=.f7b4a8ac9f52

David Nakamura reports in the Washington Post:

“The Trump administration’s attempts to translate the president’s hard-line campaign rhetoric on immigration into reality have run into two major roadblocks: the complexity of reshaping a sprawling immigration system and a president who has not been clear about how he wants to change it.

In his first four weeks in office, President Trump has sought to use his executive powers to punch through Washington’s legislative and bureaucratic hurdles and make quick progress on pledges to crack down on illegal immigrants and tighten border control.

But Trump has been vague about his goals and how to achieve them and his aides have struggled to interpret his orders.

The resulting turmoil has included a successful legal challenge halting his immigration travel ban, fears among congressional Republicans over the White House’s more extreme measures and widespread anxiety among immigrant communities across the country.

The latest flash point erupted Friday over reports that the Department of Homeland Security was considering mobilizing 100,000 National Guard troops to help round up millions of unauthorized immigrants in 11 states, including some such as Colorado and Oregon far from the southern border.

President Trump said at a press conference Thursday that deciding the fate of illegal immigrants brought to the U.S. as children is “one of the most difficult subjects I have.” (Jabin Botsford/The Washington Post)”

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It’s not difficult for anyone who understands the complex field of immigration to see that when you surround yourself with tone-deaf advisors like Jeff Sessions, Steve Bannon, Stephen Miller, Kris Kobach, and Rep. Steve King your immigration policies are headed straight onto the rocks, where they likely will remain aground for the rest of the Administration.

So, you’re President Donald Trump. You want to make an impact in immigration, and also have everybody love what you’re doing to “make America great.”

Then, why not sit down with some Republicans who have thought carefully about the issue, like, for example: House Speaker Paul Ryan, Senator John McCain, Senator Lindsey Graham, Senator Jeff Flake, Congresswoman Illeana Ros-Lehtinen, Senator Marco Rubio, the Koch Brothers, former U.S. Solicitor General Ted Olson, and Ohio Governor John Kasich? Also, it would be a good idea to reach across the aisle and speak with folks like Senate Minority Leader Chuck Schumer, Senator Dick Durban, Senator Bernie Sanders, House Minority Leader Nancy Pelosi, and Representative Henry Cuellar who have worked thoughtfully on immigration issues. And, why not invite DHS Secretary John Kelly, Secretary of State Rex Tillerson, Defense Secretary James Mattis, Labor Secretary Alex Acosta (assuming confirmation), and, of course, Vice President Mike Pence to the table too?

Think about how refugees, legal immigrants, and those who are already here and in our workforce can be melded in the best way possible to tap America’s full potential, create meaningful opportunities for all Americans, increase productivity and innovation, and combat the looming problem of future labor shortages. Also, consider how a more realistic, expanded legal immigration system could be a critical tool for discouraging illegal migration, maintaining control of our borders, and insuring national security without over-investing in the (usually ineffective and always expensive) quasi-militarization of our borders.

As one of my colleagues used to tell me when I got going too fast, “Relax, it’s a marathon not a sprint.” There is still plenty of time for President Trump to get the immigration issue right for America. But, it’s not going to happen unless he expands his circle of advisers to include those with a more positive and realistic view of immigration’s essential role in making America great.

PWS

02/17/17

Brennan Center For Justice Report: “Non-Citizens Are Not Voting. Here Are the Facts.”

http://Non-Citizens Are Not Voting. Here Are the Facts.

Wendy R. Weiser & Douglas Keith report:

“The Trump administration continues to double down on its false and widely-criticized assertion that 3 to 5 million non-citizens illegally voted in the 2016 election.

On Sunday, White House Senior Advisor Stephen Miller claimed 14% of non-citizens are registered to vote. “We know for a fact, you have massive numbers of non-citizens registered to vote in this country,” he said, appearing on ABC’s This Week With George Stephanopoulos. “The White House has provided enormous evidence with respect to voter fraud.”

Actually, it hasn’t. Nevertheless, President Trump announced earlier this month, despite the lack of evidence, that Vice President Mike Pence will lead a federal investigation into voter fraud.

Tons of ink has been devoted to debunking the president’s claims that our elections are marred by widespread voter fraud. But few have focused specifically on his administration’s larger false claims about non-citizens. It is important to put this particular allegation to bed once and for all.

Like voter fraud generally, non-citizen voting is incredibly rare. Simply put, we already know that ineligible non-citizens do not vote in American elections — including the 2016 election — except at negligible rates. Here are the facts.”

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

Read the entire report at the link. This matches my own experience. During my my 21+ years as a trial and appellate judge in the U.S. Immigration Court system, and having been involved in thousands of cases over that time, I can only recollect the illegal voting issue coming up once. I am also aware that one of my judicial colleagues in Arlington had it come up. But, it was very, very rare. And, I was serving as a judge during times of “enhanced enforcement” by administrations of both parties (no, President Trump is not the only one to ever think about strong immigration enforcement).

PWS

02-17-17

WashPost Political Analysis: More Lies & Obfuscation From Stephen Miller — Like His Boss, Miller Makes It Up As He Goes Along — But, He Does (Inadvertently) Reveal The Real Reason For The Bogus “Fraudulent Voter” Offensive: Lower The Turnout Among Those Groups Of Citizens Who Normally Vote For Democrats!

https://www.washingtonpost.com/news/politics/wp/2017/02/12/mixed-into-his-falsehoods-on-voter-fraud-stephen-miller-did-hit-on-one-truth/?hpid=hp_rhp-top-table-main_milleranalysis-135pm%3Ahomepage%2Fstory&utm_term=.34ef3ee8f935

Phillip Bump writes in the Washington Post:

“There’s a theory under which some people operate which holds that presidential advisers appear in the news media to provide insight into what the president is doing for the American people. Governance broadly, and the White House specifically, can be inscrutable to outsiders, but since our democracy depends on an informed populace, it has historically been important to shed as much light as possible on what’s happening. Politicians and their allies don’t always like to shed that light, but they’ve generally acquiesced to participating in the effort.

On ABC’s “This Week” on Sunday, President Trump’s adviser Stephen Miller wasn’t interested in shedding light on reality. If anything, he was running around turning lights off. Inadvertently, though, he did offer one bit of insight into what’s happening at the White House.

. . . .

Three claims here. First, that there are millions of people who are registered in multiple states. Second, that dead people are still registered. Both of those things are true. (Among those registered to vote in two places, by the way, are Trump’s son-in-law, treasury nominee, daughter and press secretary.) But that’s not voter fraud. It’s a sloppy registration system — and indifference from people whose first instincts when relatives die is not to ensure that the registrar of voters is informed.

The third claim is that 14 percent of noncitizens are registered to vote, which is based on an academic analysis released several years ago. It has been subsequently shown to be problematic. [In fact, it earned the coveted “Four Pinocchio Award” from the Post’s “Fact Checker” https://www.washingtonpost.com/news/fact-checker/wp/2016/10/24/no-eric-trump-14-percent-of-noncitizens-are-not-registered-to-vote/?tid=a_inl&utm_term=.3c0bdd64fa0c ] As anyone paying attention to the issue should know.

. . . .

Kobach is the secretary of state in Kansas, in charge of the state’s electoral process. He has held that position since 2011, the year the state passed new restrictions on voting in the name of preventing fraud.

The net effect? A report from the Government Accountability Office determined that turnout fell by several percentage points in the 2012 election relative to comparable states. And the populations that saw the biggest drops in turnout?
Young people, newly registered voters and black people. Populations that tend to vote more heavily Democratic.

That’s almost certainly the point. Miller was trying to mislead people with his false arguments about voter fraud. But he ended up offering some insight after all.”

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

Miller and Steve Bannon are among the remarkably unqualified guys that are pulling the strings from the Trump White House.

PWS

02/12/17

BREAKING: DHS Secretary John Kelly Finds Readmission Of LPRs In The “National Interest” — Text Of Statement Below

STATEMENT BY SECRETARY JOHN KELLY ON THE ENTRY OF LAWFUL PERMANENT RESIDENTS INTO THE UNITED STATES

WASHINGTON – In applying the provisions of the president’s executive order, I hereby deem the entry of lawful permanent residents to be in the national interest.

Accordingly, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.

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

According to Chuck Todd on “Meet The Press” this AM, the DHS opposed the inclusion of “green card holders” in the EO, but their objections apparently were ignored by the Trump WH staff who did the drafting (without much thought or consultation, it appears).

I must admit to hoping that Gen. Kelly at DHS and Gen. Mattis at DOD would be the “adults in the room” on some of these issues. The problem might be that they aren’t “in the room” when the decisions are made.

With guys like Steve Bannon, Kris Kobach and Stephen Miller, with well- established track records of poor judgement and divisiveness (and that’s putting it charitably) mis-advising Trump on immigration, it’s likely to be an uphill climb for anyone purporting to be the voice of reason and sound judgment. And, I’m certainly not trying to give Trump a pass here; he selected and empowered this team of spectacularly unqualified senior advisors.

PWS

01/29/17

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