SECONDARY TRAUMA: Defenders & Advocates Also Suffer From Trump’s Constant Attacks On Migrants’ Humanity

From theAmerican Psychological Association

Compassion Fatigue: A Side Effect of the Immigration Crisis

The immigration crisis is taking a toll on professionals who are trying to help. By Rebecca Raney October 15, 2019

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APA has been closely following the recent and ongoing threats to immigrants and refugees living in the United States. These groups are “at risk of psychological harm due to factors including the stress of starting a new life away from family and culture, as well as prejudice and discrimination.”

This article series takes a look at some of the ways psychologists are working to help immigrants, the communities where they live and the resources that are available to clinicians who want to help these at risk groups.

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Several years ago, immigration attorney Nora Phillips was chatting with a friend. She told her that she was sick, exhausted and couldn’t stop thinking about work.

Her friend, Annabel Raymond, is a licensed marriage and family counselor.

“I thought, ‘This isn’t burnout,’ ” Raymond said. “ ‘This is secondary post- traumatic stress disorder.’ “

At that moment, Raymond identified a little-talked-about component of the nation’s immigration crisis: Compassion fatigue among professionals who are trying to help.

The work with the victims of terrorism, war and domestic violence among immigrants is different from the challenges of, say, working with victims of a natural disaster.

“This trauma treatment is different because there’s no end in sight,” Raymond said.

She and Phillips started a therapy group for immigration attorneys in Los Angeles. Six attorneys routinely attend.

Phillips, the legal director of Al Otro Lado, a nonprofit legal services organization, has been doing legal work at the border since 2011. The work was never easy, she said. But policies enacted since 2017 have left attorneys — and judges — with no wiggle room to help people. In the past, deportation cases could be terminated. The government could apply prosecutorial discretion as to whether to proceed. People who were brought to the United States as children could apply for citizenship. But now, those tools are gone or are under threat by

an administration that wants to curtail immigration.

Because she has lost so many legal tools to help clients, Phillips’ sense of powerlessness can be overwhelming. She said she throws up in the shower before work. She’s never free of the sense that when she loses immigration cases, her clients could face violence or death when they return to their home nations.

“I refer to myself a lot as a depository of human sadness,” said Phillips, who sobbed throughout the interview and then joked that she cries through every interview.

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It was clear to her friend Raymond that Phillips was going to need more than a few days off.

“You’re not getting the right support, because you’re treating it as a burnout issue,” she said.

Treating attorneys, Raymond said, presents its own challenges.

“You’re looking at a population that’s already vulnerable, but they don’t want to tell you they’re vulnerable.”

Raymond said that the monthly group in Los Angeles works on trauma resolution skills and mindfulness.

The goal of the therapy, she said, is “keeping you upright, because you’re on the front line of an international humanitarian crisis….The best we can do is to trust that our bodies and brains can keep going.”

“You’re not going to be able to dictate how these events land on your nervous system,” she added.

The attorneys who attend the group, she said, are doing well. They’ve gone from feeling overburdened to managing their boundaries. They decide how heavy a caseload to take, depending on the levels of other stresses in their lives.

“Some of these people were talking about getting out of the field,” Raymond said, “and now they’re staying.”

Keeping attorneys in the field is a big achievement.

A strong feeling of helplessness is common among professionals who advocate for immigrants, said Gabriela Livas Stein, a psychologist and associate professor of psychology at the University of North Carolina at Greensboro.

“Compassion fatigue is very real,” Stein said. “In talking personally with providers, it is clear that they feel helpless advocating for folks and knowing the unpredictability that they face.”

Seeing ever-more-restrictive national policies and an oppressive political climate for immigrants exacerbates the sense of helplessness, she said.

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“A lot of folks who are doing this work are also identified as immigrants or Latinx,” Stein said. “Folks that have this profile are showing heightened symptomology,” she said, particularly if they or members of their families are at risk of detention or deportation.

She recommends two types of action for frontline immigration professionals: Build social support.
Engage in social justice activities.

Stein herself has gotten involved; she stepped up to present data on the psychological effects of deportation on families to the Governor’s Council on Latino Affairs in North Carolina.

State and local officials are divided over whether local law enforcement agencies should work with U.S. Immigration and Customs Enforcement on raids and deportations.

Stein reviewed literature and reported findings to the governor’s council, including a 2017 study in the International Journal of Epidemiology that found that Latina women, one year after a massive immigration raid in Iowa, had a 24 percent greater risk of having babies with low birth weight, compared with the same date one year earlier. Stein also drew on a survey (PDF, 483KB) of research in Social Policy Report on how the “chronic uncertainty” surrounding families’ stability compromises immigrants’ physical and mental health.

Stein said that many immigration officials believe the best policy change would be to make health-care services accessible for immigrants.

“It’s hard for people to even pay for services,” she said. “As a society, we benefit a lot from the work of undocumented workers. Policies need to help people not live in the shadows.”

For Phillips, recruiting young attorneys to immigration law has lifted her spirits.

“God, we need reinforcements,” she said. “So many people have closed their practices.”

She has recently spoken to law schools at Loyola, DePaul and Northwestern Universities to encourage students to consider immigration law.

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“Through this chaos, we have gotten incredibly good at organizing people,” she said. “Once we come out of this, we’re going to have tools that would only have come out if we had been at war.”

Phillips tries to stay strong as an example to her own staff of 25 people. Also, she prepares them for the work.

She said that she tells them that “the pain is never going to stop. There will never be a shortage of clients. You need to take care of yourself.”

The attorneys who are least prepared to handle the trauma of the job, Phillips said, are solo practitioners who have no support or preparation from an organization.

Elizabeth Carll, a trauma and health psychologist and chair of the Refugee Mental Health Resource Network, said that professionals who work with immigrants and refugees need training before tackling the job.

“I see the long-term effects,” she said. “First responders, they’re under chronic stress…The worst thing you can do is have no training.”

At a minimum, she said, organizations should talk about trauma with the workers before they go to detention centers or conduct evaluations.

The Refugee Mental Health Resource Network, which is partially subsidized by APA, maintains a database of psychologists and other mental health professionals who want to volunteer to help with evaluations and support services for refugees and asylum seekers. The organization has also produced a series of webinars for volunteers.

Carll, who has trained workers who respond to disasters for many years, recommended that professionals who work with immigrants receive strong mentoring. A mentor, she said, can help them limit their vicarious trauma.

“Someone new should be mentored,” Carll said.

She gave an example of how a mentor can help. In 1996, after the crash of TWA Flight 800 off the coast of Long Island, she led a team of psychologists to help families. In mentoring the group, she recommended that the psychologists not accompany families into the room where people were identifying bodies, but to

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stay in the back of the room or outside the door to offer support, if the families requested it.

Unlike other emergency personnel, mental health counselors do not typically have the ongoing experience and training for viewing bodies, she said. Without training, that process may trigger trauma from the past.

By sparing themselves that trauma, she said, counselors would be in a better position personally to help families.

Because of the scope, the technical nature and the never-ending timeframe of the immigration crisis, Carll made a bold prediction: that immigration psychology would become a new specialty in the field.

“Immigration psychology will be another specialty,” she said, “just like trauma psychology division became after it started.”

That prediction is worth noting. Carll was a founding member of APA’s Division of Trauma Psychology.

APA Immigration Coverage (links only active on APA website) APA Policy and Advocacy Efforts

APA Calls on Government to Ensure Immigrants and Refugees Can Access Health, Mental Health Services | Official Statement (PDF, 169KB)

APA CEO: Administration Decision to Penalize Immigrants Who Rely on Public Programs Will Harm Vulnerable Populations | History of ‘Public Charge’ Determination

APA Calls for Action on Border Crisis | Letter to President Trump (PDF, 937KB) APA Letter to Congressional Leaders Supports Dreamers (PDF, 141KB)
APA’s Advocacy on Immigration
Recently Published Research

Middle-School Latino Children Report More Depressive Symptoms After Family Member Arrested, Study Finds

Psychological Research on Immigrants and Refugees Further Reading and Resources

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Oct. 9, 2019 Webinar: The Effects of Separating Families at the Border Podcast: On the Front Lines of the Immigration Crisis
Psychologists Partner to Tackle the Escalating Immigration Crisis
The Dire Consequences of Family Separation for Refugee Mental Health LGBTQ Asylum Seekers: How Clinicians Can Help (PDF, 534KB)

Div. 43 Presidential Initiative on Social Justice
Psychologists Help Youth Who Return to Mexico Because of Deportation Threats Immigration Topic Page

© 2019 American Psychological Association
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https://www.apa.org/members/content/compassion- fatigue?fbclid=IwAR0mmXpfqenA1T5QSNxva5ZUX8_va4XdqZziDS0kh0CpGEufbwz5THP7G4I

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hygi9

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A sobering reminder that the Trump Administration’s unrelenting attack on the rights and humanity of migrants is also directed at those fighting to uphold the Constitution, the rule of law, and American values. No aspect of humanity is safe from the intentional cruelty and misconduct of the Trump Administration and their enablers (some, sadly, judges and other so-called “professionals” who refuse to acknowledge what’s really happening and try to “normalize” or disingenuously “overlook” — in the guise of bogus “deference” to a lawless Executive —  Trump’s obvious misconduct, racism, and lies.)

PWS

10-26-19

FRESH CLAIMS OF CHILD ABUSE BY DHS IN YOUR “NEW AMERICAN GULAG” – Ever Wonder Why YOUR Tax Dollars Are Being Used To Fund What Medical Professionals Say Is An Inherently Abusive & Potentially Permanently Damaging “Kiddie Gulag?” – And, In Cases Like This, The Alleged Abuse Is Actually Individualized & Beyond the “Regular Damage” Intentionally Inflicted By The Trump DHS, Abetted By Complicit Courts!

Amanda Holpuch
Amanda Holpuch
Reporter
The Guardian

 

https://www.theguardian.com/us-news/2019/oct/25/texas-immigration-detention-guard-assault-child-claims?CMP=Share_iOSApp_Other

 

Amanda Holpuch reports for The Guardian:

 

A private prison guard physically assaulted a five-year-old boy at an immigration detention center in Texas, according to a complaint filed with the Department of Homeland Security (DHS).

She raised her niece like a daughter. Then the US government separated them at the border

 

Read more

Advocates for the boy and his mother expect the family to be deported on Friday and asked the US government to halt the deportation to investigate the alleged assault. The advocates also said the family, who are anonymous for safety reasons, face imminent harm or death in their home country of Honduras.

The alleged assault occurred in late September, when the boy was playing with a guard employed by the private prison company CoreCivic who had played with the boy before.

The five-year-old tried to give the guard a high-five, but accidentally hit him instead, angering the guard, according to a complaint seen by the Guardian. The guard then allegedly grabbed the boy’s wrist “very hard” and would not let go.

“The boy’s mother told the guard to let go and tried to pull her son’s hand away, but the guard kept holding on,” according to the complaint. “He finally released the boy and threatened to punish him if he hit him again.”

The complaint said the boy’s hand was swollen and bruised and he was treated with pain medication and ice at the South Texas family residential center in Dilley, in a remote part of the state about 100 miles from the US-Mexico border.

The Dilley detention center has been controversial since it opened in 2014. Dilley can hold 2,400 people, the most of any family detention center in the country, and in March 2019 held at least 15 babies under one year old.

“Since the assault, the boy is afraid of male officials at the jail, goes to the bathroom in his pants, bites his nails until they bleed, and does not want to play, sleep, eat, or bathe,” the complaint said.

The Guardian contacted US Immigration and Customs Enforcement (Ice), the homeland security agency which oversees immigration detention, and CoreCivic for comment, but they had not provided a response at the time of publication.

Katy Murdza, advocacy manager for the Dilley Pro Bono Project, which sends volunteers into the Dilley detention center to help families, met with the mother on Wednesday.

Murdza said the mother is fearful of her imminent deportation and is upset about what happened to her son because she had little power to protect him.

“She was unable to prevent someone from hurting her child and while she has tried to report it, she hasn’t received any information on what the results are, so she still does not have control of whether the detention center let that staff member back in,” Murdza said.

“When people are detained and it’s hidden from the public, these sorts of things happen and there are probably many other cases that we have never learned about that could be similar to this,” Murdza added.

The American Academy of Pediatrics said in March 2017 that no migrant child in the custody of their parent should ever be detained because the conditions could harm or retraumatize them.

The US government can release asylum-seeking families in the US while they wait for their cases to be heard in court, but Donald Trump’s administration favors expanding detention and has tried to extend how long children can be held in detention centers.

Katie Shepherd, national advocacy counsel with the American Immigration Council’s Immigration Justice Campaign, filed the complaint on Thursday with the DHS watchdog, the office of the inspector general, and with its office for civil rights and civil liberties.

“The government has a long history demonstrating it’s not capable of holding people in their custody responsibly and certainly not children who require special protections and safeguards,” Shepherd said. “They require a different environment, not one where guards are going to be physically abusing them.”

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Ever wonder how things might be different if Article III Judges’ children and grandchildren were being treated this way?

 

Please think about situations like this the next time you hear sleazy folks like Kelly, Nielsen, or “Big Mac With Lies,”and other former “Trump toadies” tout their “high-level executive experience” and how “proud” they were of their law enforcement initiatives at DHS and other parts of the Trump kakistocracy! What’s the relationship between abusing children and real law enforcement or protecting our national security? None!

 

Outrageously, these former Trump human rights abusers not only have escaped legal and moral accountability for their knowing and intentional human rights abuses, but they have the audacity to publicly attempt to “leverage” their experience as abusers into “big bucks gigs” in the private sector. How disgusting can it get.

 

Here’s Professor (and ImmigrationProf Blog guru) Bill O. Hing’s “spot on” description of the “despicable John Kelly:”

 

 

Despicable John Kelly – Profits from Detention of Children

By Immigration Prof

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I was recently reminded of how John Kelly, former DHS Secretary and former White House Chief of Staff, is now on the board of Caliburn International: the conglomerate that runs detention facilities for migrant children. He is despicable. This was reported in May:

Former White House Chief of Staff John Kelly can now count on a second line of income.

In addition to his attempt at scoring paid speaking gigs, Kelly has now joined the board of Caliburn International, the company has confirmed to CBS News. Caliburn is the parent company of Comprehensive Health Services, which operates four massive for-profit shelters that have government contracts to house unaccompanied migrant children.

Kelly’s new job first became apparent when protesters gathered outside Comprehensive Health Services’ Homestead, Florida facility last month — it’s the biggest unaccompanied migrant child detention center in the country. They, along with a local TV station, spotted Kelly enter the facility, and CBS News later confirmed his affiliation. Read more..

When Kelly was DHS secretary, he began the implementation of Trump’s anti-immigrant agenda in the early stages of the administration. Julianne Hing reported on Kelly’s record at DHS on the eve of becoming chief of staff for Trump.

Read here…

bh

October 20, 2019

 

Apparently, Kelly’s USG pension as a retired 4-star General wasn’t enough to support him in the style to which he aspired (perhaps after rubbing shoulders with the Trump family and its circle of grifters). So, he found it necessary to supplement his income off the misery of families and children in the “New American Gulag” he helped establish.

I had accurately predicted that Kelly wouldn’t leave his “service” to Trump with his reputation intact. Nobody does, except those with no reputation to start with.

 

Trump runs a kakistocracy. The private sector should treat the steady stream of spineless senior officials fleeing the Trump Circus accordingly.

Or compare the “achievements” of horrible frauds like these guys, who abused their time in the service of Trump by betraying our country’s most fundamental values, with that of a real American hero like the late Congressman Elijah Cummings (D-MD) who was eulogized today. As President Obama said, “he was ‘honorable’ long before he was elected!”

 

PWS

10-25-19

 

 

 

 

TRAC: TRUMP DOJ’S “MALICIOUSLY INCOMPETENT POLICIES” SIGNIFICANTLY CONTRIBUTED TO ASTOUNDING 1,346,302 BACKLOG AND 4+ YEAR WAITS FOR HEARINGS — Don’t Let The Villains Blame The Victims & Their Lawyers For This Largely Self-Created Mess!

Crushing Immigration Judge Caseloads and Lengthening Hearing Wait Times

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Transactional Records Access Clearinghouse

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FOR IMMEDIATE RELEASE

The current policies of the Trump Administration have been unsuccessful in stemming the rise in the Immigration Court’s backlog. Overcrowded dockets create lengthening wait times for hearings. At some locations, immigrants with pending cases now wait on average 1,450 days or more – over four years! – before their hearing is scheduled.

Despite promises to reduce the backlog, the latest case-by-case records show that the growth in the backlog has actually accelerated each year since President Trump assumed office. At the start of this administration, 542,411 cases were pending before immigration judges. By September 30, 2019, the backlog had grown to 1,023,767 “active” cases. This rises to 1,346,302 when cases that have not yet been calendared are added. Year-by-year the pace of increase has quickened. The active backlog grew 16.0 percent from January 2017 to the end of that fiscal year, climbed an additional 22.1 percent during FY 2018, and this past year jumped by a further 33.3 percent.

While many sources for this rise are outside the court’s control, policy decisions and practices by the Department of Justice which oversees the Immigration Court have significantly contributed to growing caseloads. For example, the decision to reopen previously closed cases has caused a much greater increase in the court’s backlog than have all currently pending cases from families and individuals arrested along the southwest border seeking asylum.

Despite accelerated hiring of new judges and the imposed production quotas implemented last year, the average caseload Immigration Court judges face has continued to grow. On average each judge currently has an active pending caseload of over two thousand cases (2,316) and over three thousand cases when the additional un-calendared cases are added (3,046). Even if the Immigration Court stopped accepting any new cases, it would still take an estimated 4.4 years to work through this accumulated backlog.

In the New York City Immigration Court which has the largest backlog in the country, hearings are currently being scheduled five years out – all the way into December of 2024. Four other courts are scheduling hearings as far out as December 2023. These include courts in Chicago, Illinois; Houston, Texas; Philadelphia, Pennsylvania; and Arlington, Virginia.

For full details, including the average wait times and pending cases at each hearing location, go to:

https://trac.syr.edu/immigration/reports/579/

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Obviously, “Aimless Docket Reshuffling” (“ADR”), stripping Immigration Judges of all authority to manage their individual dockets, the war on Attorney representation, and the complete absence of the type of prosecutorial discretion that all other enforcement systems in America, save for the DHS, use to make reasonable use of the available judicial time are taking a big toll here! A court run by maliciously incompetent political clowns is inevitably going to become “Clown Court.”

Congress and the Article III Courts are heading for an existential crisis in our justice system if they don’t step in and force some Due Process, judicial independence, and normal professional unbiased judicial administration into this corrupt and intentionally broken system that spews out illegal and unconstitutional “removal orders” every day.

Whatever happened to accountability and the supposedly independent role of the Article III Federal Judiciary? Why is a national disgrace like the “Trumped-Up” Immigration Courts operating within the rogue DOJ allowed to continue its daily abuses? 

History will judge these failing institutions and those who ignored their sworn duties harshly!

PWS

10-25-19

U.S. IMMIGRATION JUDGE LEE O’CONNOR EXPOSES MASSIVE DHS ILLEGALITY & FRAUD IN IMPLEMENTATION OF SO-CALLED MIGRANT PROTECTION PROTOCOLS (“LET ‘EM DIE IN MEXICO”) – “Indeed, the vast majority of respondents subjected to the MPP program involve cases where DHS has compelled -without authorization of law – aliens who were present within the United States and were not arriving aliens to return to Mexico to await their removal proceeding. It appears that over 90 percent of the MPP cases involve aliens were not properly subject to INA § 235(b)(2)(C). The court finds that termination is the appropriate action.”

U.S. IMMIGRATION JUDGE LEE O’CONNOR EXPOSES MASSIVE DHS ILLEGALITY & FRAUD IN IMPLEMENTATION OF SO-CALLED MIGRANT PROTECTION PROTOCOLS (“LET ‘EM DIE IN MEXICO”) – “Indeed, the vast majority of respondents subjected to the MPP program involve cases where DHS has compelled -without authorization of law – aliens who were present within the United States and were not arriving aliens to return to Mexico to await their removal proceeding. It appears that over 90 percent of the MPP cases involve aliens were not properly subject to INA § 235(b)(2)(C). The court finds that termination is the appropriate action.”

Here’s Judge O’Connor’s decision, dated 09-17-19:

9-17-19 IJ termination MPP

Here’s key language from Judge O’Connor’s decision:

Respondents appeared for a hearing on September 9, 2019, with counsel and were granted a continuance for attorney preparation. The court reset the case to September 17, 2019. Respondents moved to terminate removal proceedings on the ground that they are not arriving aliens and were therefore not properly subjected to the MPP program. The court concludes thatDHS has not proven its fundamental allegation that respondents are arriving aliens and that DHS has not acted properly in subjecting aliens who were apprehended within the United States to the MPP program. Indeed, the vast majority of respondents subjected to the MPP program involve cases where DHS has compelled -without authorization of law – aliens who were present within the United States and were not arriving aliens to return to Mexico to await their removal proceeding. It appears that over 90 percent of the MPP cases involve aliens were not properly subject to INA § 235(b)(2)(C). The court finds that termination is the appropriate action.

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So this is the “legacy” of “Powerful Woman” Kirstjen Nielsen and her successor “Big Mac With Lies:” Massive violations of legal and human rights of asylum seekers!

And, don’t forget the complicit Article III Judges of the 9th Circuit in Innovation Law Lab v. McAleenan whose mindless “green-lighting” of this abusive and clearly illegal program is responsible for daily mockeries of the very U.S. laws they were sworn to uphold as well as continuing human misery.

It also shows:

  • The great potential of an independent Article I U.S. Immigration Court to stop DHS abuses in their tracks, at an early point in time (this would also save time and public money now being squandered on various illegal, ill-advised, and always inhumane “enforcement schemes and gimmicks”);
  • The potential of an independent Immigration Court with a true merit selection system for judges;
  • The value of effective representation of asylum seekers (which is either impeded or actively blocked by DHS and EOIR these days);
  • The corruption of leadership at DHS and DOJ and the lawyers representing them in court in defending the indefensible;
  • The dangers of abuses in a system run by a prejudiced Executive with no meaningful oversight and outside the public eye;
  • That while some Article III Judges have gone “belly up” in the face of massive illegality and abuses of our system, others like Judge O’Connor, even without the benefit of life tenure, have courageously continued to stand tall for Due Process and the legal rights of migrants to fair treatment under the law.

The current immigration system and those administering it in an unlawful and unconstitutional manner is a national disgrace! Something to remember when Kelly, Nielsen, “Big Mac With Lies,” and other senior officials of DHS and DOJ try to “reinvent” themselves in the private sector and disguise or disavow their truly disgusting record of subservience to Trump and the massive human rights violations for which they are morally responsible.

Due Process Forever; “Malicious Incompetence” Never!

 

PWS

 

10-25-19

 

 

SEN. CORNYN (R-TX) OK WITH ETHNIC CLEANSING OF KURDS AS LONG AS NO AMERICAN GETS HURT — Genocide (Particularly On Former Allies) Can Get Messy, So Best Get Out Of The Way So You Don’t Get Splattered With Blood On Your Way Out!

Hayley Miller
Hayley Miller
Breaking News Reporter
HuffPost

https://www.huffpost.com/entry/john-cornyn-defends-trump-kurds_n_5db1a0f3e4b0131fa99a9fba

 

Hayley Miller reports for HuffPost:

Sen. John Cornyn (R-Texas) defended President Donald Trump’s widely condemned decision to withdraw American troops from northern Syria, claiming it was an appropriate move if Turkey was “trying to ethnically cleanse” U.S.-allied Kurdish forces in the region.

“If Turkey was planning on coming into northern Syria and trying to ethnically cleanse the Kurds, and U.S. troops were caught in the middle, I am not completely convinced that it was a bad idea to get them out of harm’s way,” Cornyn told reporters Wednesday, reported The Dallas Morning News.

He added, however, that he wishes there had been “more consultation with Congress and others and our allies in the region.”

The Republican lawmaker’s comments came just hours after Trump announced he was lifting sanctions against Turkey, which agreed to a cease-fire against the Kurds in northeast Syria. Trump took credit for the deal, though Democrats and some Republicans say his decision to upend American foreign policy in the region enabled Turkey to launch a military offensive against the Kurds earlier this month.

Fighting between Turkey and the Kurdish-led Syrian Democratic Forces, the main U.S. ally in the fight against the self-declared Islamic State in Syria, has resulted in the deaths of dozens of people and the displacement of thousands more.

During the fighting, Turkish-backed Arab fighters killed Hevrin Khalaf, the head of a Kurdish political party. A militant group posted a gruesome video of her execution online.

Foreign policy experts warned Trump’s decision to essentially abandon the Kurds could lead to their genocide by Turkey, which considers them to be terrorist insurgents. The House overwhelmingly passed a resolution last week to condemn the president’s move.

But Trump patted himself on the back Wednesday, claiming the U.S. and “nobody else” was responsible for avoiding all-out war in northern Syria.

“We have done them a great service and we’ve done a great job for all of them,” Trump said of Turkey, Syria and the Kurds. “And now, we’re getting out. … Let someone else fight over this long-bloodstained sand.”

Cornyn told reporters Wednesday that things need to “play out a little bit” before he could say whether he felt Trump’s decision to lift sanctions was the right move.

Asked Thursday about his “ethnically cleanse” remark, Cornyn appeared to walk it back some.

“I wasn’t very clear,” he told HuffPost. “If the U.S. isn’t committed to stay in Syria, getting our troops out of harm’s way where they might be injured or killed during the inevitable conflict between the Turks and the Kurds was something I was concerned about.”

Igor Bobic contributed reporting.

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Start a war, abandon your allies, give away their homes in a cease fire, protect the oil fields, lend a hand to Erdogan, Putin, and Assad, three of the worst autocrats around (but not as inept as “autocrat wannabe” Trump). Now that’s a foreign policy that the GOP can be proud of. 

Also, since we have declared Syria to be of “no particular concern” to us, for just whom are we “protecting” the Syrian oil fields: Putin? Assad? Erdogan? Iran?

And from whom? An ISIS that was once largely beaten but that now has been rejuvenated by Trump’s treacherous policies? 

PWS

10-24-19

THEY’RE BACK: RETURN OF THE “BROOKS BROTHERS RIOTERS” — As Evidence Against “Supreme Leader” Mounts, Angry GOP White Guys Create Diversion By Attacking The Rule Of Law!

Aaron Blake
Aaron Blake
Senior Political Reporter
Washington Post

https://www.washingtonpost.com/politics/2019/10/23/banner-hours-gop-rule-law/

Aaron Blake writes in the WashPost:

It’s hardly breaking news that President Trump has an uneasy relationship with the rule of law. He campaigned on putting his unindicted opponent in jail. He has attacked judges individually and the judiciary as an institution. He allegedly asked his FBI director for loyalty and to lay off a top aide. He tried to get his first attorney general to launch politically expedient investigations. Robert S. Mueller III laid out five instances in which there was significant evidence that he obstructed justice. He’s declining to cooperate with his own impeachment inquiry. And he even criticized his Justice Department for indicting two Republican congressman.

What hasn’t been chewed over quite as thoroughly is how much this attitude has infected those around him — many of them in the Republican Party, which prides itself as the party of the rule of law.

And the past 24 hours have been full of activity on that front.

They began Tuesday night with Matthew G. Whitaker, Trump’s former acting attorney general, taking to the airwaves of Fox News to declare that a president abusing power not only isn’t a crime, but also isn’t even impeachable.

“Abuse of power is not a crime,” Whitaker said. “Let’s fundamentally boil it down. The Constitution’s very clear that this has to be some pretty egregious behavior.”

Even for a team of supporters accustomed to moving the goal posts for Trump, taking “abuse of power” and suggesting it would not clear the bar was something.

Then came Wednesday morning, when a throng of Republican congressmen, led by Rep. Matt Gaetz (Fla.), decided to storm the proceedings of the House impeachment inquiry to highlight concerns about its process. They effectively shut it down for five hours and caused the testimony of Defense Department aide Laura Cooper to be delayed.

The situation harked back to 2016, when House Democrats — who were then in the minority — staged a sit-in protest on the House floor over gun control. At the time, Rep. Tom McClintock (R-Calif.) declared that Democrats had “replaced rule of law with the rules of the mob.” Another House Republican shouted, “Rule of law means order!” Another stickler for the rules at the time was then-Rep. Mick Mulvaney (R-S.C.), who is now acting White House chief of staff. “When somebody violates all the rules that they, you know, said they would adhere to and sets bad precedent for the future,” Mulvaney said, “it simply shows that if you act badly, you can get what you want.”

Beyond the issue of the rules in this protest was the matter of security. The impeachment inquiry depositions are held in a secure room, but some Republicans brought in their cellphones, which is against the rules, raising concerns about whether the room had been compromised.

The last development on the rule-of-law front Wednesday was in an actual courtroom. While defending Trump from having to turn over his private financial records, his private attorney William S. Consovoy made an extremely broad assertion of presidential immunity. He said that basically no jurisdiction — whether local or federal — can investigate a sitting president.

And when a judge asked him whether that would also be the case if Trump, as he so famously intoned, shot someone on Fifth Avenue in New York City, Consovoy responded in the affirmative.

“Local authorities couldn’t investigate? They couldn’t do anything about it?” U.S. Appeals Court Judge Denny Chin asked. “Nothing could be done? That is your position?”

“That is correct,” Consovoy said, noting that any crimes could be handled once the president was out of office.

It is understood that a president can’t be indicted while in office; this is the policy of the Justice Department and has been dating to Richard Nixon. What is much more controversial is the idea that jurisdictions cannot even investigate Trump. U.S. District Judge Victor Marrero recently called the Trump team’s assertion of immunity “virtually limitless” and deemed the claim “repugnant to the nation’s fundamental structure and constitutional values.”

The claim is merely the latest bold one from the Trump legal team and from Consovoy. Earlier this year, both the White House counsel and Consovoy maintained that Congress also had no right to investigate the president for the sake of oversight.

U.S. District Judge Amit Mehta asked Consovoy that if “a president was involved in some corrupt enterprise, you mean to tell me, because he is the president of the United States, Congress would not have power to investigate?” Consovoy answered that was his argument, because it would not be “pursuant to its legislative agenda.”

Congress has since launched impeachment proceedings, which is a power expressly granted in the Constitution and would seem to mitigate questions about whether its members have the authority to do what they are doing. But Republicans are making all kinds of other process arguments to attack the legitimacy of the investigation and decline to cooperate — even as there is little in the law to guide what impeachment proceedings must look like. They are complaining about the lack of a due process, even though this isn’t a trial (yet). They cry foul over the lack of a vote to launch the inquiry, which has been held in the past but is not required by law.

And as that situation and Trump’s standing as president become more embattled, it looks as though the “rule of law” party is going to continue making arguments about why Trump holds a unique place in relation to that law — and why perhaps it’s worth breaking the rules on his behalf.

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

Remember, folks, an attempt to hold the Grifter-in-Chief and his White Nationalist regime accountable for abuses of authority is an attack on White privilege everywhere! 

No wonder the so-called “Freedom” Caucus and its privileged White guys (used in a generic sense, as there appear to be a couple of GOP women members who glory in and feel empowered by their male companions’ chauvinism, particularly when it comes to putting down smart, powerful women of color) are so upset. Like their Grifter, they love the concept of America as it was in the “good old days,” before MLK, Jr., and the nasty “Civil Rights Era,” when the law was largely a tool to oppress African Americans, Hispanic Americans, Catholic Americans, Jewish Americans, immigrants, and a host of “others.” They are righteously upset that their overprivileged, unqualified, unscrupulous Supreme Leader, a living example of where “White privilege” will get you, could be held accountable for some of his myriad of misdeeds and outright mockeries of our Constitution and the rule of law.

The good news for the BBRs and their fellow GOP enablers (incidentally, the GOP has had full rights under Congressional rules to participate in the ongoing investigation — just not to control it from their minority position): the impeachment investigation will soon be “taken public” as they (disingenuously) claim to desire. 

The bad news: they will have to come up with different forms of diversion and disruption, because on the publicly disclosed facts, there is no defense for either their continuing White privilege or the lawless actions and continuing abuses of authority by their “Supreme Leader.”

PWS

10-24-19

 

TRUMP’S CHUMPS @ DHS UNQUALIFIED, IN MORE WAYS THAN ONE: White Nationalist Restrictionists “Cooch Cooch” and Morgan Aren’t Legally Eligible For “Acting” Appointments – Will That Actually Stop the Scofflaw-in-Chief?

 

https://apple.news/Aak3uZr8uS5GOKZLIhHEVHQ

Michelle Hackman
Michelle Hackman
Immigration Reporter
Wall Street Journal
Andrew Restuccia
Andrew Restuccia
White House Reporter
WSJ

 

By Michelle Hackman and Andrew Restuccia in the WSJ:

 

WASHINGTON—The White House personnel office chief has told President Trump that his top two picks to fill the Homeland Security secretary job aren’t eligible under a federal law dictating who can fill the role without Senate confirmation, people familiar with the matter said.

During a meeting Friday at the White House, Sean Doocey, head of the White House Presidential Personnel Office, informed the president that neither Ken Cuccinelli nor Mark Morgan, who head two prominent immigration agencies at the Department of Homeland Security, were legally eligible to lead the department on an acting basis.

Mr. Trump and many of his top immigration advisers favored Messrs. Cuccinelli and Morgan, who have worked at DHS for only the past few months but are ardent defenders of the president’s immigration policies on television. The previous acting secretary, Kevin McAleenan, submitted his resignation this month but will remain on the job through the end of the month.

The two men were installed in the spring after the White House pushed out several officials, including former DHS Secretary Kirstjen Nielsen, whom they felt were standing in the way of tougher immigration enforcement.

Mr. Cuccinelli heads the U.S. Citizenship and Immigration Services, the agency overseeing legal immigration and asylum applications, while Mr. Morgan leads Customs and Border Protection. Both men are serving on an acting basis, and neither has been nominated by Mr. Trump for permanent roles, which would require Senate confirmation.

Although he is popular with conservative immigration activists, Mr. Cuccinelli in particular isn’t a likely candidate to lead the department on a permanent basis. He made powerful enemies in the Senate, including Senate Majority Leader Mitch McConnell (R., Ky.), when he ran the Senate Conservatives Fund, an outside group that challenged incumbent Republicans. Mr. McConnell has said his nomination would inspire a “lack of enthusiasm.”

The federal statute that governs vacancies states that acting officials in cabinet-level positions must either be next in line for a position or hold a Senate-confirmed position.

Under a third option, the official being elevated must have served for at least 90 days in the past year under the previous secretary.

 

During the meeting Friday, Mr. Doocey briefed Mr. Trump on an opinion from the Justice Department’s Office of Legal Counsel that the past secretary was Ms. Nielsen, not Mr. McAleenan, the people familiar with the matter said. Under that interpretation, Messrs. Cuccinelli and Morgan wouldn’t qualify, as they joined the agency after Ms. Nielsen departed.

The meeting with Mr. Trump on Friday included Stephen Miller, a top adviser to the president, and Emma Doyle, deputy chief of staff, the people said.

An administration official said the president hopes to announce his next acting DHS secretary in the next few days. Another White House official said the administration doesn’t intend for that person to serve for as long as Mr. McAleenan did.

The White House didn’t respond to a request for comment.

White House officials are instead considering Chad Wolf, Ms. Nielsen’s former chief of staff, as acting secretary, administration officials said, a move supported by Mr. Miller. In February, Mr. Wolf was nominated to serve as the department’s undersecretary for policy.

The White House is also considering David Pekoske, the Transportation Security Administration head who is serving as acting deputy DHS secretary, and Chris Krebs, head of the Cybersecurity and Infrastructure Security Agency, according to administration officials. Mr. Pekoske has already indicated to DHS colleagues that he doesn’t want the top job, though, and would prefer to return to the TSA full-time, according to a person familiar with the matter.

As Mr. Wolf’s possible appointment began to circulate on Monday, it drew public criticism from outside groups pushing a more restrictive immigration policy.

RJ Hauman, government relations director at the Federation for American Immigration Reform, pointed to Mr. Wolf’s past work for the National Association of Software and Services Companies, which lobbies for the U.S. government to issue more green cards to foreign workers each year. Advocates also said Mr. Wolf’s close relationship with Ms. Nielsen meant he likely wouldn’t steer the department in a more hard-line direction.

The legal ineligibility of Messrs. Morgan and Cuccinelli for the acting DHS post isn’t likely to have a big impact on Mr. Trump’s immigration agenda. The two men will continue at their respective agencies, where they have been given wide latitude to set policy and shape the administration’s immigration messaging—sometimes to the chagrin of Mr. McAleenan, the department’s top official.

A White House official said that if the next secretary formally nominated to lead the department doesn’t have a strong immigration background, the president may revive an idea to appoint a “border czar” to oversee the Department’s immigration policy and enforcement. That position wouldn’t require Senate confirmation.

Vivian Salama contributed to this article.

Write to Michelle Hackman at Michelle.Hackman@wsj.com and Andrew Restuccia at Andrew.Restuccia@wsj.com

 

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

Not hard to see the corruption here. DHS is actually supposed to protect our national security and fairly administer our immigration laws, which includes insuring that applicants for various benefits including asylum and legal immigration are promptly approved when eligible. It’s not supposed to be a repository for White Nationalist, racist, restrictionist, xenophobes and their extralegal policies. Enforcement is supposed to be professional, humane, even-handed, nonpartisan, and include reasonable exercises of prosecutorial discretion.

 

But, given the DHS’s well-deserved reputation as the least trusted and most despised agency of the Federal Government, I’m sure that whomever gets the next “acting” role will serve up a steady diet of cruel, illegal, and counterproductive xenophobia.

 

PWS

10-22-19

 

 

 

 

RACE TO THE BOTTOM: Trump’s Cowardly, Racist War On The Most Vulnerable Humans Could Collapse International Refugee Protection System, Putting Millions Of Lives In Jeopardy!

https://slate.com/news-and-politics/2019/10/refugees-trump-third-country-refoulement.html

Stephanie Schwartz
Stephanie Schwartz
Assistant Professor of Political
Science & International Relations
USC

Stephanie Schwartz @ Slate:

Last month, the Trump administration announced the latest in a trio of bilateral agreements  effectively barring refugees coming through Central America from seeking asylum in the United Sates. These agreements with Guatemala, El Salvador, and now Honduras, known as “safe third country” agreements, allow the U.S. to send back asylum-seekers who pass these countries on their way to the U.S. but do not apply for asylum there first. At first glance, this may seem like just one more way that the Trump administration is trying to keep refugees out—a diplomatic version of the president’s tactical snake fantasy. Nor do the agreements seem that different from how the EU tries to prevent refugees from seeking asylum. Indeed, a year ago I wrote about how Donald Trump sending troops to the Southern broader was consistent with a broader global trend of hollowing out asylum norms.

But this is different. These new agreements flout global asylum norms in a way others have not dared: They send refugees directly back into the danger they were fleeing in the first place.

A safe third country agreement is meant to be just that: safe. It provides a way for states to send refugees to an alternative (third) destination without sending them home, a practice that is prohibited under international law. While they have yet to be implemented, in the past three months, the United States has strong-armed Central America’s Northern Triangle countries into signing third-country agreements. Under the terms of these agreements asylum-seekers who pass through Guatemala, El Salvador, or Honduras on their way to the U.S. (which anyone traveling by land has to do) could be sent back from the U.S. border to one of those countries, so long as they are not a citizen of that country. So, while Honduran asylum-seekers would not be sent back to Honduras, they could be sent to Guatemala or El Salvador. Mexico has refused to sign a similar agreement, however the Trump administration has already begun implementing a new set of rules with regard to Mexico called the Migrant Protection Protocols. One of the stipulations of the MPP requires asylum-seekers who make it to the U.S. Southern border to stay in Mexico while they wait for the U.S. to process their claims.

On the surface, these policies look rather similar to the EU’s approach to asylum. Like the agreements with Guatemala, El Salvador, and Honduras, the EU’s Dublin Regulation requires that all asylum-seekers entering the EU apply for asylum in the first country they reach in the union. The 2016 EU-Turkey deal also has a “safe third country” component, such that certain migrants passing through Turkey on their way to Greece can be sent back (though migrants are still allowed to apply for asylum when they reach the EU). Similar to the MPP, the EU has also said it is going to explore the use of “regional disembarkation platforms” such that refugees would have to wait in another country while their claims for asylum in Europe are evaluated.

The Trump approach, however, is much worse. First, the Dublin Regulation dictates which countries in the EU will provide asylum to those with valid claims; the new arrangements between the U.S. and the Northern Triangle countries dictate that U.S. will not provide asylum to certain individuals with valid claims. Put another way, in many ways the EU’s Schengen zone operates as a single governing body—there are common laws, a single currency, and freedom of mobility across states. Once you cross the border into one Schengen zone country, you are free to travel to the others without showing a passport. The Dublin Regulation, then, lets asylum-seekers into the European Union, but it cuts people off from arriving in one member state, for example Greece, and continuing on to apply for asylum in another, say Germany.

But there is no North American Union. The U.S. cedes its sovereignty to no one. And the administration is not saying refugees can enter the U.S., but they must stay in Arizona rather than go to New York. Instead, the agreements with Guatemala, El Salvador, and Honduras allow the U.S. to say that it will not provide asylum to certain people. If you can’t afford a plane ticket and show up at the Southern border, the United States does not have to hear your case. This is in direct contravention to the 1951 convention on refugees that requires states to provide asylum to those who qualify without discrimination. Refugee rights activists claim that the third safe country agreement between the U.S. and Canada is in breach of international asylum law for the same reason. The difference, though, is that asylum-seekers enjoy equally safe haven in the U.S. as the do in Canada (though some in Canada are questioning how safe the U.S. really is).

This brings us to the second, and most important issue, with the Trump administration’s policies.

Both the MPP and the agreements with Honduras, El Salvador, and Guatemala send asylum-seekers to places where their lives remain in danger. In some cases, it is precisely the same danger they were trying to flee. The violence from which people in Honduras, El Salvador, and Guatemala are fleeing stems from transnational criminal organizations, like MS-13 and MS-18. Per the United States’ own 2018 human rights report on Honduras, these transnational gangs “committed killings, extortion, kidnappings, human trafficking, and intimidation of police, prosecutors, journalists, women, and human rights defenders.” These organizations are not limited by borders. They operate throughout the Northern Triangle region. Gangs targeting someone in Honduras could easily get to that person if they were sent to Guatemala. Therefore, sending someone fleeing violence in Honduras to apply for asylum in Guatemala or El Salvador keeps them in harm’s way—the same harm.

While the MPP, which forces migrants to remain in Mexico, might not keep asylum-seekers from the Northern Triangle directly in the grasp of gangs like MS-13 and MS-18 that operate in the Northern Triangle, it does place them into a highly dangerous context. As has been extensively reported, gangs local to Mexico are targeting asylum-seekers with kidnapping, extortion, and violence. The U.S. knows how unsafe these places are, having issued its highest level of security warnings against travel to some of the cities in 

Mexico where migrants are being kept.

Sending refugees back into the line of fire attacks the foundation of the international asylum regime: the norm of non-refoulement. Non-refoulement is the prohibition against states sending individuals to any territory in which there is threat of persecution or torture—country of origin or otherwise. Per the 1951 Refugee Convention, non-refoulement prohibits states from expelling or returning a refugee “in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” The 1984 Convention Against Torture also prohibits refoulement, in some ways expanding its strength and application, stating that states cannot “expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” Such grounds include a “consistent pattern of gross, flagrant or mass violations of human rights.”

pastedGraphic.png

pastedGraphic.png

Without non-refoulement, asylum is moot.

There are any number of things wrong with the Dublin Regulation and the EU-Turkey agreement, but the one line neither of these arrangements cross directly is defying non-refoulement. Requiring refugees to apply for asylum in Greece rather than proceeding on to Germany impinges on the spirit of refugee law and endangers refugees, but it doesn’t refoule them. With the EU-Turkey agreement, many observers have challenged the designation of Turkey as a safe third country given that the Turkish government has been accused of imprisoning migrants and sending refugees back to Syria. Turkey has outright stated that one of the goals of its military incursion into Syria is to send refugees back to recaptured territory. The veil of non-refoulement in this case is whisper thin. But at least in sending refugees to Turkey, the EU is not forcing Syrian refugees directly back into the line of fire from which they originally fled. Neither Syrian President Bashar al-Assad’s forces nor the myriad rebel groups active in Syria are equally active in Turkey.

The Trump administration’s new policies, on the other hand, outright deny that non-refoulement is a rule the U.S. needs to follow—at least for a particular class of people. There is no pretending that Mexico is safe when migrants are being attacked left and right. By flouting non-refoulement, the U.S. threatens the principle on which the entire asylum system rests.

And the world is watching. If the United States can send asylum-seekers back into danger, why can’t other countries do the same? While the Trump administration’s policies are likely illegal, and are currently being challenged in court, there is reason to fear the administration will be allowed to proceed unchecked. A recent order from the U.S. Supreme Court allows the administration to continue implementing these policies until a final decision on their legality is reached. In the meantime, many asylum-seekers are living in danger.

Finding a way to deal with displacement crises requires political leadership. For once, the U.S. is taking on this leadership role, setting a road map for how countries can respond to asylum claims. It just so happens that the proposal is to pull the one thread that could unravel the asylum system as we know it.

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

Someday, Trump and his toadies will be classified as the notorious human rights violators that they are. And, his racist, fascist reign will be remembered as one of the low-points in U.S. history.

But, we shouldn’t forget that “MPP” a/k/a “Remain in Mexico,” a/k/a “Let ‘Em Die In Mexico” is only in force because of a complicit Ninth Circuit. See Innovation Law Lab v. McAleenan (incoherent order vacating proper injunction against statutory and Constitutional abuses of “Remain in Mexico” policy). The judges responsible for this travesty and for continuing to “sit on” this clear case of illegal and unconstitutional policies should also be considered human rights violators.

PWS

10-22-19

“BIG MAC” SAYS EL SALVADOR IS A “SAFE” COUNTRY – HE LIES! — Mounting “Disappearances” & Government Acquiescence Show Why “Big Mac,” Pompeo, Pence, Trump & Other Corrupt Architects Of Unlawful Policies Designed To Kill Asylum Seekers (For “Deterrence”) Should Be Charged With “Crimes Against Humanity!” – “The legacy of fear in El Salvador is profound. Three decades after the war, there are people who are only now revealing the disappearance of a relative in that conflict. Back then the scourge was death squads. Now it’s gangs and rogue police.”

https://www.washingtonpost.com/world/the_americas/disappeared-in-el-salvador-amid-a-cold-war-nightmares-return-a-tale-of-one-body-and-three-grieving-families/2019/10/19/d806d19a-e09d-11e9-be7f-4cc85017c36f_story.html

Mary Beth Sheridan
Mary Beth Sheridan
Central America Reporter
Washington Post
Anna-Catherine Brigida
Anna-Catherine Brigida
Freelance Reporter

 

 

Mary Beth Sheridan and

report for the WashPost:

 

 

By

Mary Beth Sheridan and

Anna-Catherine Brigida

Oct. 19, 2019 at 2:58 p.m. EDT

LAS ANIMAS, El Salvador — For Daisy Flores, Day 135 began like so many others. She soaked corn in a bucket on the dirt floor for tortillas. She washed the kids’ clothes in a blue plastic bin. And she thought, again, about that afternoon in May when her 18-year-old son Edwin rode off on his brother’s motorcycle.He still hasn’t come home.

Twenty miles away, in a working-class neighborhood in San Salvador, Karen was plodding through Day 297. She coped by writing notes to her absent husband and taping them to the bedroom wall.

“I send you a little kiss,” she’d scrawled to the man who had disappeared last year while delivering electricity bills. And: “I can’t take it anymore.”

Not far from her, a third family endured another Monday without their loved one. The middle-aged man had gone missing on his way home from his plumbing job. Was it already Day 192? They’d searched everywhere. Nothing.

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Three decades after a brutal civil war characterized by never-explained, never-resolved disappearances, Salvadorans are again vanishing.

The phenomenon is resurrecting one of the most chilling elements of Cold War Latin America. Back in the 1970s and 1980s, tens of thousands of people disappeared as right-wing governments — many supported by the United States — fought to extinguish leftist insurgencies.

These days, countries such as Mexico, Brazil and El Salvador are battered by criminal wars. The governments aren’t fighting Marxist guerrillas, but gangs and drug cartels instead.

In Mexico, more than 3,000 clandestine gravesites have been unearthed as families search for the 40,000 missing. In El Salvador, few of the burial sites have been found.

Which is why, when the government discovered one outside the capital last month, TV reporters rushed to the scene — and dozens of families began to wonder if their mystery would finally end.

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“I know he’s here,” said the mother of a 14-year-old.

“I am always hoping,” Karen said.

“They haven’t told me anything,” Flores said.

But for one family, things were about to change.

Mexican government says more than 3,000 hidden graves found in the search for the disappeared

A soldier guards a farm in El Limon, where investigators found a clandestine grave with human remains. (Fred Ramos/FTWP)

Disappearances bring back a Cold War nightmare

No one knows exactly how many people in El Salvador have gone missing. National police say at least 2,457 people were reported disappeared in 2018, the most in a dozen years. The attorney general’s office puts the figure at 3,437 — more than the total of homicides. Both numbers are widely seen as undercounts.

For Flores, her son’s disappearance was a new version of an old nightmare. Her two uncles were among the at least 8,000 people who vanished during El Salvador’s 12-year civil war.

That was another era — of death squads, the Reagan Doctrine against communism, guerrillas wielding red banners and AK-47s. El Salvador today is a democracy, with free elections and onetime Marxists in congress.

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So why are disappearances back?

One reason is they make it easier for killers to avoid investigation. That goes both for gang members killing their rivals and for cops secretly executing suspects.

“If there is no body, there’s no evidence,” said Marvin Reyes, who spent 20 years in the national police.

But the disappearances also reflect a political strategy. That became evident when El Salvador’s top two gangs reached a government-backed truce in 2012. The homicide rate — among the highest in the hemisphere — plunged. But disappearances rose.

“If violence needed to be carried out [by gangs], it needed to be invisible, to avoid attention from state authorities,” said Angélica Durán Martínez, who studies Latin American violence at the University of Massachusetts at Lowell.

Analysts suspect the gangs and the government hide corpses to keep the homicide rate down.

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It’s so dangerous to police MS-13 in El Salvador that officers are fleeing the country

Karen looks through the window of her bedroom. Her husband went missing in San Salvador last November. (Fred Ramos/FTWP)

Trump administration reaches deal to send asylum seekers to El Salvador in an effort to deter migrants from entering the United States

For victims’ families, the uncertainty is cruel: There’s no resolution, no body to bury, no hope of closure. “We have so much stress,” said Karen, a 39-year-old mother of three.

She and her kids try to keep their minds on work and school, but their bodies betray them: Karen’s insomnia, her son’s overeating, her daughter’s wildly oscillating periods.

She believes her husband was abducted because he refused to hide a gang’s weapons in the family’s home. She is so frightened of retaliation that she spoke on the condition that her last name not be used.

Daisy Flores, 47, also suspects her son was hauled away by gang members.

Edwin was perhaps the most affectionate of her seven kids. The kind of boy who would sneak up behind her at the stove and grab her in a bear hug. Who wasn’t embarrassed to accompany his mama to the market.

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She doesn’t think he was a gang member. But: “I can’t tell you what kind of friends he had.” Everyone knew that MS-13 dominated their hamlet, a woodsy patch of small, concrete homes surrounded by fields where campesinos grew corn and raised cows and chickens. Nearby villages were ruled by the rival gang Barrio 18 .

Edwin’s absence is a constant torment. One of his brothers was so terrified that he considered migrating to the United States, like tens of thousands of Salvadorans in recent years.

Whenever Daisy thought of her missing son, she’d lose her appetite.

“I can’t live like this, learning nothing,” she said.

But in recent months, there was a new reason for hope.

Nayib Bukele, the charismatic young mayor of San Salvador, was elected president in February on promises of change.

“They say the president, now, he’s helping people,” Daisy said. “And that if you go to the attorney general, he’s helping to find the disappeared.”

A crusading attorney general promises answers

El Salvador Attorney General Raúl Melara and investigators arrive at the clandestine gravesite, under heavy guard, in Barrio 18 territory. (Fred Ramos/FTWP)

U.S. officials said aid to El Salvador helped slow migration. Now Trump is canceling it.

Attorney General Raúl Melara hopped out of an SUV and strode toward the yellow police tape.

“Is it up here?” he asked.

At 47, Melara was part of El Salvador’s tiny business elite, with a doctorate in law and years of leading the National Association of Private Enterprise. He had swept-back dark hair and wire-framed glasses and favored starched white shirts. But on this afternoon, he had donned jeans, a gray polo shirt and a windbreaker to visit the village outside San Salvador known as El Limon — notorious territory of Barrio 18.

Melara scrambled up a nearly vertical dirt path alongside a dying cornfield, trampling vines and brushing through shoulder-high grass. A quarter-mile up lay a clearing, with mounds of freshly dug dirt and a body.

It had been a man in jeans and work boots.

More bodies would probably be dug up in the coming weeks, Melara told journalists. The new government, he said, was committed to finding the disappeared and punishing the culprits.

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“This is a phenomenon that, in past years, was hidden. They didn’t want it to be visible,” he told the TV cameras. “But we’re all seeing it.”

In just a few months, Melara had made some aggressive moves. He’d formed a team of prosecutors to focus on the disappeared. He’d promoted tougher penalties for those involved in the crime. He was working with the police to produce more accurate numbers.

Reform and revival: Gang members find Christianity in El Salvador prisons

Some were skeptical. It wasn’t until 2017 — a quarter-century after the civil war’s end — that the government finally created a commission to search for the disappeared from that conflict. And locating the more recent victims could be politically unpalatable in a country obsessed with the murder rate.

“Finding and identifying these bodies will inevitably imply a rise in the homicide index,” said Celia Medrano of the human-rights group Cristosal .

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Arnau Baulenas, legal coordinator of the Human Rights Institute at the José Simeón Cañas University of Central America, said Melara’s initiatives were positive but insufficient.

“The attorney general has a very small team,” he noted. There are so few forensic criminologists that one of them — Israel Ticas — has become a celebrity for helping mothers find the remains of their children.

Melara knows he lacks money, equipment and expertise. It sometimes seems the only thing that’s not in short supply is fear.

“In Mexico, the families of the victims are visible,” he told The Washington Post. “They’ve generated social pressure.”

El Salvador is different. Indeed, at El Limon, as the investigators shoveled dirt, a mother in blue flip-flops approached. Her son vanished a year ago, at age 14.

“I’m going to find him,” she said, weeping, in a TV interview. “Even if he’s not alive, and it’s just to bury him.”

But she begged the cameraman not to identify her. He filmed her feet.

There was no sign of her son. On Day 2 of the dig, though, investigators discovered a tantalizing clue near the body.

It was a wallet. Inside was an ID card.

During Pompeo’s visit, El Salvador’s new president says migrant problem ‘starts with us’

The site where investigators found the remains of a man. (Fred Ramos/FTWP)This pick belongs to Israel Ticas, El Salvador’s most prominent forensic criminologist. (Fred Ramos/FTWP)As does this shovel. Ticas uses both implements to dig up clandestine graves. (Fred Ramos/FTWP)

A discovery brings new hope, and fear

The call came that day. It had been six months since the middle-aged plumbing worker vanished. Now his family was being summoned to the Justice Ministry.

Maybe, at last, they’d have an answer. But they couldn’t even grieve in peace. They begged reporters not to release his identity.

“We don’t want to make a lot of noise,” said one of the man’s relatives. “The neighborhood is really dangerous.”

Another relative was more blunt: “Saying the wrong thing could get you killed.”

The legacy of fear in El Salvador is profound. Three decades after the war, there are people who are only now revealing the disappearance of a relative in that conflict. Back then the scourge was death squads. Now it’s gangs and rogue police.

“There’s silence — exactly like during the armed conflict,” said Eduardo García, who heads Pro-Búsqueda, a group searching for war victims.

Ten days after the discovery at El Limon, investigators still were trying to match the corpse with the DNA submitted by the plumbing worker’s relatives.

The families waited.

For Karen, the news had generated a brief flicker of possibility. Then authorities told her the corpse wasn’t her husband. “I am not going to stop calling the attorney general’s office,” she said. Maybe they’d discover some sign of him, somewhere.

Daisy hasn’t given up, either. In her son’s bedroom, she unlatched a suitcase stuffed with neatly folded shirts and slacks.

“Here are his clothes,” she said. “I’m keeping them here so they don’t get all dusty.”

She has vivid dreams of her son. In one, he was trapped in a room. “I couldn’t get him out,” she said. One day she heard her 3-year-old grandson shouting outside the house. “Edwin is coming,” he yelled, pointing at the dirt path. No one was there.

By Day 145, Daisy was thinking of paying another visit to the attorney general’s office.

“God willing, they’ll have some news soon.”

Daisy Flores touches a favorite shirt of her son, Edwin, at her home. (Fred Ramos/FTWP)

Fred Ramos in San Salvador and Gabriela Martínez in Mexico City contributed to this report.

 

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

Through their lies about conditions in the Northern Triangle and extralegal programs directed against legitimate asylum seekers, folks like “Big Mac with Lies,” “Cooch Cooch,” Pompeo, Miller, and Trump are literally “getting away with murder.” Why?

It’s critically important not to let guys like “Big Mac” attempt to “rehabilitate” their images in the private sector by touting their “management experience” and claiming the “Nazi defense” of “just carrying out my duties” or the totally disingenuous “just carrying out the law.” No other Administration, GOP or Democrat, has even hinted that the dangerous and corrupt countries of the Northern Triangle without functioning asylum systems would be considered “Safe Third Countries” or that our overseas refugee program would essentially be ended at the time of the world’s greatest need (even as we are complicit in genocide and creating more refugees in Syria).

In this respect, it is heartening to see the “pushback” against the disingenuous attempt of former DHS Secretary Kirstjen Nielsen to “repackage” herself as a “leading female executive.” No, she was a Trump sycophant and a major human rights violator who is lucky not to be in jail. And, the same goes for many of the other current and former “Senior Executives” at DHS.

 

PWS

10-20-19

 

 

ROUNDTABLE MEMBER HON. PAUL GUSSENDORF IN BALTIMORE SUN:  “Trump abandons U.S. leadership role regarding refugees”

Paul Gussendorf
Hon. Paul Gussendorf
U.S. Immigration Judge (Ret.)

https://www.baltimoresun.com/opinion/op-ed/bs-ed-op-1016-immigration-policy-20191015-qnkp7gdtfre3zbh5iqkqv3iwnq-story.html

Trump abandons U.S. leadership role regarding refugees

By PAUL GRUSSENDORF

BALTIMORE SUN |

OCT 15, 2019 | 11:04 AM

Ever since Donald Trump assumed the presidency on a tide of vile hatred and racist attacks upon Mexican migrants, the administration has been chipping away at our asylum laws and protections for refugees. As someone who has been part of this system for decades as an immigration judge and refugee officer and most recently a supervisory asylum officer, I have an up-close view of just how destructive Mr. Trump’s chipping away at the system has been — and how despicably dishonest and mendacious his stated rationales for it really are.

It is most disturbing to see our great nation surrendering its historic commitment to refugee protection during a period of the greatest world-wide refugee crisis since World War II. The Refugee Act of 1980 was the U.S.’s domestic response to our treaty obligation under the U.N. Convention on the Status of Refugees. Congress declared at that time that “the historic policy of the United States was to respond to the urgent needs of persons subject to persecution in their homelands.”

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This administration’s family separations policy — ripping children from their parents to serve as a deterrent to asylum seekers, and detention of children in unsanitary cages without adequate supervision — reached levels of cruelty unmatched in modern history. Multiple attempts to block refugees from even reaching our southern border have been implemented. The white nationalist cabal that is running the president’s immigration policy is pulling all the stops in turning a system of humanitarian protection into one of rejection.

The director of the asylum division in the Department of Homeland Security, one of the most respected managers in the agency, has been replaced because he was an experienced advocate for the rights of asylum seekers. The so-called Third Country Transit Rule bars practically all asylum seekers arriving at our southern border who haven’t first sought asylum in hyper-violent countries such as Mexico, Honduras, El Salvador or Guatemala, even though none of those countries can provide safety for their own citizens, let alone for refugees, and even though none of them have an adequately functioning asylum administration that would make the rule meaningful.

Where are the days when Ronald Reagan welcomed refugees to our shores? Mr. Trump continues to claim that the entire asylum system is fraudulent, that it is a “big, fat con job.”

A man sells candy as pedestrian commuters make their way across the Paso del Norte Bridge at the Mexico-US border in Ciudad Juarez, Mexico, on September 12, 2019. – The US Supreme Court on September 11, 2019, allowed asylum restrictions by President Donald Trump’s administration to take effect, preventing most Central American migrants from applying at the US border. (PAUL RATJE/Getty)

When I was interviewing Salvadorian minors in San Salvador in 2016, as part of our government’s Central American Minor (CAM) program, I heard hundreds of painfully credible cases of teenage kids who had been given the ultimatum of either joining criminal gangs or being killed; of parents who had been told that they could either turn over their daughters to an ultra-violent gang or see the eradication of their whole family; of children who had witnessed the violent deaths of parents or siblings, and been informed that they would be next if they didn’t agree to sell drugs or serve as look-outs for gangs.

The so-called Migrant Protection Protocols (MPP), which requires that asylum seekers at the southern border be warehoused in Mexico pending their scheduled appearance in immigration court, has resulted in the return of some 50,000 migrants to border cities where they are subject to assaults, kidnappings and murder.

During the last year of the Obama administration the U.S. refugee admissions ceiling was increased to 110,000 for 2017. However, on the heels of Mr. Trump’s Muslim ban the administration has whittled down refugee admissions to a ceiling of 18,000 in 2020. The U.S. has effectively withdrawn from the field, sending the signal that we no longer consider ourselves as leaders in the world for refugee interests.

Mr. Trump’s remarks about migrants from “s***hole countries” have resonated around the world. The question posed — Why has the U.S. abandoned its leadership role in refugee protection? — can perhaps best be answered with another question. Earlier this year I had the privilege of visiting schools in Lome, Togo, in West Africa to discuss with the students the legacy of Martin Luther King Jr. and the significance of his humanitarian message internationally. At one school, when I took questions, a 10-year-old boy asked, “Why does Donald Trump hate Africans?”

Paul Grussendorf (pauldgrussendorf@hotmail.com) has been an immigration judge, a refugee officer for the UN Refugee Agency and a refugee officer for the U.S. government. He just retired from his position as supervisory asylum officer for the U.S. government. His book is, “My Trials: Inside America’s Deportation Factories.”

 

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

Thanks, Paul, for all you are doing for America. Paul’s next assignment will be as a UNHCR contractor in Rwanda.

 

PWS

10-15-19

 

“BIG MAC’S” LEGACY IS A PREVIEW OF “COOCH COOCH’S” PLANS FOR FURTHER “WEAPONIZING” DHS AGAINST HUMANITY — Child Abuse, Illegal Actions, Contempt For Court Decrees Likely To Ramp Up Under Spectacularly Unqualified White Nationalist “Statue Of Liberty Denier!”

https://www.sandiegouniontribune.com/news/immigration/story/2019-10-14/cbp-holds-migrants-longer-than-it-is-supposed-to-lawyer-claims?utm_source=SDUT+Essential+California&utm_campaign=516be9d215-EMAIL_CAMPAIGN_2019_10_15_12_56&utm_medium=email&utm_term=0_1cebf1c149-516be9d215-84889485

Gustavo Solis
Gustavo Solis
South Bay Reporter
San Diego Union-Tribune

Gustavo Solis reports for the San Diego Union-Tribune:

Customs and Border Protection may be violating the law by holding asylum-seeking children longer than the agency is allowed to, according to lawyers who represent migrants along the U.S.-Mexico border.

By GUSTAVO SOLIS

OCT. 14, 2019

 

6:29 PM

Lawyers are accusing Customs and Border Protection in San Diego of breaking their own policies and potentially the law by holding migrant children in custody longer than the agency is allowed to.

Under the Flores Settlement Agreement, the federal government generally cannot detain migrant children and their parents together for more than brief periods. The agreement states CBP should not hold children for more than 72 hours and Immigration and Customs Enforcement should not detain them for more than 20 days.

However, asylum-seeking children are routinely held for more than 72 hours in San Diego, according to Erika Pinheiro, a staff attorney with the nonprofit Al Otro Lado.

“We are seeing cases of prolonged detention every day,” she said. “There is no rhyme or reason to it. Sometimes they are released the same day, sometimes it’s a week later. We’ve had cases of people in CBP custody for three weeks.”

Many of the people being held in CBP custody are part of the Remain in Mexico program, which forced asylum seekers to live in Mexico while waiting for their cases to be decided in immigration courts.

The latest example involves a 9-year-old asylum seeker and her mother who have been in CBP custody since Oct. 4, as first reported by KPBS.

The mother and family were released from CBP custody Monday afternoon, Pinheiro said.

That case is particularly disturbing because both the child and mother are reportedly sick — suffering from stomach pain and diarrhea — which could be a separate violation of the Flores Settlement Agreement, the lawyer added.

Apart from limiting the amount of time children can be in federal custody, the Flores Settlement Agreement also establishes basic standards of care that include access to medical care.

A CBP spokesman declined to answer specific questions about the 9-year-old’s case or more general questions about Pinheiro’s claims that the agency is violating the law.

The spokesman said that the agency treats those in its custody with, “dignity and respect,” while striving to, “process individuals as expeditiously as possible,” and noted that, “most individuals are in our facilities for 72 hours or less.”

President Trump has called the Flores Settlement Agreement a “loophole,” that allows immigrants to be released from immigration detention centers. In August, the Trump administration unveiled proposed regulations that would replace Flores.

Specifically, the new policies would abolish ICE’s 20-day limit on detaining families and establish new minimum standards of care for people held in detention centers.

According to CBP’s own policies, “detainees should generally not be held for longer than 72 hours in CBP facility and every effort must be made to hold detainees for the least amount of time required for their processing, transfer, release, or repatriation as appropriate and as operationally feasible.”

Immigration attorney Rose Thompson has seen multiple asylum seekers spend more than 72 hours in CBP custody, including a case of a mother and her adult daughter spending 12 days in CBP custody.

Another asylum seeker said the conditions inside CBP custody were so poor that she asked to be sent back to Mexico, Thompson said.

“It’s horrible,” she said. “It’s not an area that’s intended to detain people for longer than 48 or 72 hours because it’s not comfortable. I don’t know even if there are beds.”

An August 2019 report of conditions inside federal custody noted that the average length of detention for asylum seekers here in San Diego was 3.4 days and more than eight percent of migrants surveyed in the report were held in custody for five days or more.

That report, published by the U.S. Immigration Policy Center, noted that more than 10 percent of asylum seekers in custody reported experiencing medical issues in detention.

The Flores Settlement Agreement also requires the federal government to provide basic care for children in custody. It stipulates that minors most be treated with, “dignity, respect, and special concern for their particular vulnerability.”

Similarly, CBP guidelines regarding medical treatment state that officers are required to report illnesses to a supervisor and document them in an electronic system of record while also seeking or providing medical care in a timely manner.

However, Pinheiro claims that CBP is also violating this aspect of both the Flores Agreement and the agency’s internal policies.

She points to the mother and daughter released from detention on Monday as just the latest example of migrants not receiving adequate care while in custody.

“I have never had a client say they saw a doctor while in CBP custody,” she said.

Conditions of migrants in CBP custody made headlines in June, when a group of lawyers in Texas asked a judge to issue a temporary restraining order and a contempt order calling for CBP to “immediately start processing children for release to parents or relatives,” and provide children with, “basic necessities including adequate food, clean water, medical care, and access to sleep.”

 

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

There is a fairly simple solution for the problem of a Government that disobeys the law. Federal Judges should start throwing “Cooch Cooch,” his subordinates, Barr, and the DOJ lawyers advancing untrue and unethical arguments in support of their “clients’” indefensible positions in jail for contempt of court. In the case of lawyers, like “Cooch Cooch,” Barr, and his subordinates they should also be referred to their respective state bars for disbarment proceedings.

Until these thugs are held accountable, the child abuse and other human rights outrages will continue.

 

PWS

10-15-19

 

 

 

 

 

“IRREPARABLE HARM” – Trump’s Treachery Unleashes A Totally Predictable Military & Human Rights Disaster In Syria, Hands Another Victory To Putin!

https://www.washingtonpost.com/opinions/global-opinions/trump-had-one-foreign-policy-success-he-just-threw-it-away/2019/10/14/165c96cc-ee87-11e9-89eb-ec56cd414732_story.html

From the Washington Post:

 

By Editorial Board

Oct. 14, 2019 at 5:24 p.m. EDT

UNTIL NOW, it was possible to hope that the damage caused by President Trump’s terrible incompetence, ignorance and impulsivity in foreign policy was largely theoretical, and possibly reparable. That is no longer true. The cost of his latest Syria blunder is unfolding before our eyes: Innocent lives lost. U.S. servicemen and -women betrayed. Butchering dictators emboldened. Dangerous terrorists set free. A ghastly scene is playing out, and it almost surely will get worse.

How often have Mr. Trump and his Republican enablers in Congress berated President Barack Obama for allowing Syria to cross his “red line” without dire consequences? None of them is entitled ever to mention that again.

Mr. Trump — with no consideration, no warning, no consultation with allies, no regard for the other nations that have fought alongside the United States and risked their men and women in the fight — has turned tail. In the past two years, courageous U.S. troops cooperated with our Kurdish allies to defeat the deadly Islamic State caliphate. These allies lost more than 11,000 men and women killed; the United States, a dozen. It was a rare U.S. success in the Middle East.

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The president has thrown it all away. His surrender is so hasty that U.S. forces could not execute a long-standing plan to take dozens of high-profile Islamic State detainees with them; we can expect to hear from those terrorists before long, in the region, in Europe or in the United States. The Islamic State is likely to exert its malign force again. The allies who fought alongside us are being slaughtered, and noncombatant women and children, too. Iran is strengthened, which threatens Israel. The murderous Syrian dictator Bashar al-Assad is strengthened, too. Russia is taking charge. America’s adversaries could not have scripted a better outcome.

 

Mr. Trump likes to preen and posture as a champion of American fighters. But what more bitter medicine could any commander in chief administer to U.S. troops than ordering them to abandon the comrades who fought alongside them? He likes to preen, too, as a great enemy of Iran, and even as he runs from Syria he is ordering1,800 U.S. troops to Saudi Arabia, ostensibly to deter Iran. But that deployment, while proving the utter incoherence of his claim of “ending wars in the Middle East,” will have far less effect on Iran than the U.S. pullout from Syria, which opens the door for it to swell its influence there, on Israel’s border.

And speaking of preening: Republican senators such as Lindsey O. Graham (S.C.) and Marco Rubio (Fla.), who have cheered and celebrated Mr. Trump and his national security team, now huff and puff about imposing sanctions on Turkey as punishment for its invasion. Mr. Trump said Monday that he now supports such sanctions. But only one week ago he greenlighted Turkey’s incursion, and on Sunday he further encouraged it with his announcement of a hasty U.S. withdrawal. Turkish President Recep Tayyip Erdogan bears responsibility for Turkey’s depredations, of course. But if there is any coherence — or morality — in Mr. Trump’s position, he is doing a good job of concealing it.

 

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

All the King’s horses and all the King’s men won’t be able to put Humpty Dumpty together again! And certainly “economic sanctions” won’t stop the Turkish onslaught. The only thing that might stop it is an alliance among the Kurds, Assad, and Putin. Obviously, Trump has handed Vladi another big victory.

Courtside had this one pegged from the git go!  https://immigrationcourtside.com/2019/10/08/sycophant-sen-l-graham-r-sc-wakes-up-after-two-year-slumber-shocked-that-trump-has-betrayed-our-allies/.

 

PWS

 

10-15-19

 

DESIGNED TO FAIL – PORT “COURTS” ARE A MOCKERY OF JUSTICE BY THE TRUMP ADMINISTATION – Congress & Feckless Article III Appellate Courts Are Enabling This Gross Denial Of Due Process & Human Rights!

Kim Hunter
Kim Hunter, Esquire
Lawyers for Good Government
John Bruning
John Bruning, Esquire
Lawyers for Good Government

 

https://apple.news/AC6USa7dsRTGNaJ54E8-T6w

 

From The Hill:

By Kim Hunter, Katharine Gordon and John Bruning, opinion contributors – 10/13/19 04:00 PM EDT

 

The immigration system is designed to fail

The Trump administration’s latest efforts to block as many asylum seekers as possible from entering the U.S. have expanded exponentially with the implementation of “port courts.”

Tens of thousands of refugees have been forced to remain in Mexico in order to request any protection from persecution, rather than be permitted to enter the U.S. to await their hearing dates. For their hearings, they enter port courts, which are literally in tents and trailers that have been hastily put up in southern border cities.

We are part of a group of attorney volunteers who recently returned from assisting asylum-seekers in Matamoros, Mexico. One of us accompanied two new clients to the port court in Brownsville, Texas. Neither the judges nor government attorneys are physically present, instead appearing by video and hidden from public view as press and observers are barred.

The Department of Homeland Security (DHS) is solely responsible for this. The Department of Justice (DOJ), which employs the immigration judges, notes that the Justice Department will follow the regulation that requires hearings to be public. However, since DHS operates the port courts, DOJ has capitulated to the ad hoc rules which deny transparency.

At every step of the way, refugees and the handful of attorneys who represent them are reminded that this “system” is designed to fail. There are no marked entrances to the Brownsville court, which resembles a concentration camp in its design and layout.

Instead, attorneys must already know where the entrance is and ask to be let in by privately contracted guards who monitor it for DHS. Forms with client signatures are required to gain entry. Attorneys are escorted by guards from the front gate to client meetings, to attend court and even to access the restroom.

Attorneys are not allowed to bring electronics into the tent complex, which means they cannot access their calendars or legal research. Meanwhile, DHS lawyers maintain access to their technology as they sit off-screen. Only the immigration judge and interpreter are video streamed into the port courtroom.

In order to even schedule the next hearing, the attorney must request a recess so that they can leave the court complex, go to their car to access their calendar on their phone and go through the security process all over again to get back to their hearing.

Immigrants with hearings and their children are also subjected to security screening in order to enter. Their shoelaces are confiscated by DHS and not returned. Some refugees report being subjected to cavity searches just to attend court.

Unless the immigrant is represented, the families wait for a “group advisal” of their rights, which is interpreted only in Spanish. Many refugees speak indigenous languages and have no way to communicate that in the face of a video link via a Spanish interpreter. Yet, in order to secure a full hearing on their claim, they must submit applications and all supporting documents in English.

Individuals with attorneys do not have their full hearings interpreted. At most, procedural matters are translated at the very beginning and end. For a client to know what is happening, their attorney must translate for them while making legal arguments and responding to the DHS attorney and the immigration judge.

At the conclusion of one of our clients’ hearings, the contracted guard tried to force counsel from the courtroom without giving him an opportunity to explain the non-interpreted hearing that had just taken place.

The attorney had to involve the judge, who intervened and asserted some control over the courtroom to allow our client access to counsel. Meanwhile, DHS’s position is that attorneys have enough time to speak to their clients before the hearing, and can meet their client in Mexico later to explain what happened.

To meet with clients in Mexico, attorneys must violate the State Department’s travel advisories, which categorize Matamoros as a level 4 security risk, which is the category reserved for the most dangerous places on earth, including active war zones like Syria.

As volunteer attorneys we were allowed to cross the border exclusively in a group during daylight hours. We conducted our work within 100 yards of the border crossing point which makes client confidentiality impossible. In case of cartel violence, we were instructed to drop everything and sprint for the crossing on our group leader’s signal.

The harms refugees suffer due to our official U.S. government policy of rendering them homeless includes deaths by drowning in the Rio Grande (even while bathing), multiple documented instances of kidnappings within minutes or hours of being returned from the U.S. The toll of surviving on the streets of Mexico is amplified by the due process farce refugees face in post courts.

As tempting as it is, we cannot give in to our exhaustion and cynicism: We must hold this administration accountable for the ongoing illegality that is engulfing the border. It may take decades or longer to repair what we have lost under this administration and there is no time to waste.

Kim Hunter, Katharine Gordon and John Bruning are immigration attorneys working on behalf of Lawyers for Good Government.

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

Lawyers, mostly working pro bono, are the only ones involved in a concerted effort to make our immigration system function. They deal daily with a system intentionally and maliciously stacked against them and their clients, a disinterested Congress, and spineless Federal Appellate Courts who mindlessly sign off on the results of these illegal, immoral, and unconstitutional atrocities.

These are crystal clear denials of the right to assistance of counsel of choice, guaranteed by statute and Due Process. So, what happened to Congress and to the reviewing courts?  Look at the Ninth Circuit’s disgusting and cowardly performance in Innovation Law Lab v. McAleenan and the Supreme Court’s disgraceful decision in Barr v. East side Sanctuary Covenant. Derelection of duty costs lives! How do these guys get away with it?  How do they sleep at night?

Human rights lawyers also suffer endless abuse by cowardly, dishonest officials of the Trump Administration carrying out an unconstitutional White Nationalist attack on America and its courageous defenders:

As tempting as it is, we cannot give in to our exhaustion and cynicism: We must hold this administration accountable for the ongoing illegality that is engulfing the border. It may take decades or longer to repair what we have lost under this administration and there is no time to waste.

The good news is that members of the “New Due Process Army” are in it for the long run!

DUE PROCESS FOREVER!

PWS

10-14-19

 

HUMANITY REVILED: THE HUMAN COSTS OF TRUMP’S INTENTIONALLY CRUEL & INHUMAN POLICIES CARRIED OUT BY DHS – Mica Rosenberg @ Reuters & Friends With Three Timely Reports!

Mica Rosenberg
Mica Rosenberg
National Immigration Reporter, Reuters

I wanted to share our latest exclusive reporting that found some 16,000 children, nearly 500 of them infants under 1 year old, have been sent back to Mexico under the “Migrant Protection Protocols” to wait out their U.S. court hearings in often precarious living conditions. The government would not share a demographic breakdown of who was being sent back under the program so we sought the answers ourselves:

https://www.reuters.com/article/us-usa-immigration-babies-exclusive/exclusive-u-s-migrant-policy-sends-thousands-of-babies-and-toddlers-back-to-mexico-idUSKBN1WQ1H1

 

Separately, we just completed a multimedia project that took months of work and lots of cross-border collaboration to follow the diverging fates of several migrants who travelled with the caravans last year:

https://graphics.reuters.com/USA-IMMIGRATION-PROFILE/0100B2FK1NP/index.html

 

I am also following the developments in the U.S. refugee resettlement program:

https://www.reuters.com/article/us-usa-immigration-refugees/all-i-can-do-is-pray-a-family-in-limbo-as-us-slows-refugee-admissions-idUSKBN1WI0XV

 

Please read and share and stay in touch with more story ideas!

All the best,

Mica

 

………………………………………………….

Mica Rosenberg

Reuters News

National Immigration Reporter

www.reuters.com

 

 

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

Thanks Mica & team for the great in-depth reporting highlighting the human costs of the Trump Administration’s scofflaw policies.

It’s also what “Big Mac With Lies” actually stood for and went along with during his tenure at DHS. Things to remember when, somewhere down the line, Big Mac inevitably tries to “reinvent himself” as “the voice of reason” or an “internal resistor” to Trump’s grotesque anti-human rights campaign and his “political weaponization” of DHS.

DHS actually has a duty to insure that refugee laws are fairly and generously applied, as intended, to protect those fleeing persecution and torture. Not only did Big Mac fail to carry out that responsibility, but he actively undermined, mocked, and further endangered those needing protection under our laws. And, it was all part of a blatantly racist, White Nationalist, restrictionist Trump agenda that Big Mac fully understood and willfully advanced. He presided over a highly corrupt, unprofessional, politicized, weaponization of DHS. By this time, the damage appears to be irreparable.

 

PWS

 

10-13-19

COURT REPORT: A Great Day For America Is Another Bad Friday For Trump’s Ugly White Nationalist Agenda!

Nick Miroff
Nick Miroff
Reporter, Washington Post

Nick Miroff reports for WashPost:

Federal judges in New York, Texas and California sided against two of the Trump administration’s key immigration initiatives Friday, the latest lower court ruling against the president’s push for new physical and administrative barriers to migrants.

In El Paso, the court ruled the Trump administration’s attempt to reprogram military funds for the construction of border fencing was a violation of appropriation laws, a decision that could freeze work on the barrier in that area.

And in separate rulings in New York, California and Washington state, judges partly blocked the implementation of the “public charge” rule that aimed to disqualify immigrants from receiving green cards if they use public benefits or the government considers them likely to do so.

The decisions were the latest setbacks to the administration’s broader attempt to tighten the legal immigration system at the same time the president is seeking to erect hundreds of miles of towering steel barriers along the Mexico border using billions of dollars diverted from military budgets.

[‘He always brings them up’: Trump tries to steer border wall deal to North Dakota firm]

In the U.S. District Court for the Western District of Texas, Judge David Briones sided with the plaintiffs — El Paso County and the Border Network for Human Rights — and gave them 10 days to file a proposal for a preliminary injunction. Briones, a Clinton appointee, denied the administration’s motion to dismiss the suit, which was filed in April.

The decision Friday is the first instance of a local jurisdiction successfully suing to block construction of Trump’s border barrier. El Paso County authorities argued it would inflict harm to the local community’s reputation by creating an impression that the city is dangerous and unwelcoming.

Trump visits U.S.-Mexico border wall

On Sept. 18, President Trump visited the U.S.-Mexico border wall in Otay Mesa, Calif. to examine the construction. (The Washington Post)

David Bookbinder, an attorney for the plaintiffs, called it a “nice, neat, small ruling” that avoided broader constitutional questions about the president’s authority. The ruling instead zeroed in on what the judge said were violations that exceeded the executive branch’s authority to divert money appropriated by Congress for a specific purpose.

Bookbinder said it would take his clients “a few days” to determine what government activity they will seek to halt. The injunction probably would extend beyond El Paso County into areas of New Mexico, he said.

“It’s going to be a question of geography,” he said. “We’re going to have to specifically describe the areas of the border where the president will not be able to construct the wall.”

Trump this year diverted $3.6 billion in military construction funds to pay for hundreds of miles of 30-foot-tall steel bollard fencing. The administration has built 71 miles of new barriers so far, but Trump has promised to complete nearly 500 miles by the end of next year.

El Paso County Attorney Jo Anne Bernal said the county commissioners took a potentially risky step in suing the president but said the action was necessary because his portrayal of the border as a dangerous area was damaging the economy and other important aspects of community life.

“You have the president of the United States declaring a national emergency, and we can look outside and see that there’s no national emergency,” Bernal said.

At a meeting last month led by White House adviser Jared Kushner, administration officials discussed a plan to reprogram another $3.6 billion in Pentagon money if lawmakers do not provide funds for the barriers through the appropriations process.

The Trump administration is expected to appeal the ruling. The Justice Department did not immediately respond to a request for comment.

In New York, Judge George B. Daniels blocked the Trump administration’s “public charge” rule, calling it “unlawful, arbitrary and capricious.”

A 93-page ruling in the U.S. District Court for the Northern District of California rejected the government’s arguments on similar grounds, but with a more geographically limited scope.

Ken Cuccinelli, the acting director of U.S. Citizenship and Immigration Services, which was preparing to implement the public charge rule this month, suggested the government would appeal.

“An objective judiciary will see that this rule lies squarely within long-held existing law,” he said in a statement. “Long-standing federal law requires aliens to rely on their own capabilities and the resources of their families, sponsors, and private organizations in their communities to succeed. The public charge regulation defines this long-standing law to ensure those seeking to come or stay in the United States can support themselves financially and will not rely on public benefits.”

U.S. immigration laws have long held provisions allowing the government to bar immigrants who are considered at risk of becoming dependent on public support, but the Trump administration’s initiative would expand the types of benefits that could be taken into consideration, including Medicaid, food assistance and federal housing vouchers.

Immigrant advocates and officials in several jurisdictions have claimed the measures have had a chilling effect even before their implementation, discouraging families from seeking medical care, shelter and food.

New York Attorney General Letitia James, one of the plaintiffs suing the government, celebrated the ruling. “Once again, the courts have thwarted the Trump administration’s attempts to enact rules that violate both our laws and our values, sending a loud and clear message that they cannot rewrite our story to meet their agenda,” she said in a statement.

Robert Moore in El Paso contributed to this report.

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Who knows what will happen on appeal. The U.S.Courts of Appeals have sometimes “taken a dive” on Trump and sometimes stood up against his illegal actions. 

But, at least for the moment it puts some monkey wrenches in Trump’s racist plans and his ongoing abuses of our legal system..

PWS

10-13-19