"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
“WASHINGTON — The Justice Department’s No. 3 attorney had been unhappy with her job for months before the department announced her departure on Friday, according to multiple sources close to Associate Attorney General Rachel Brand.
Brand grew frustrated by vacancies at the department and feared she would be asked to oversee the Russia investigation, the sources said.
She will be leaving the Justice Department in the coming weeks to take a position with Walmart as the company’s executive vice president of global governance and corporate secretary, a job change that had been in the works for some time, the sources said.
Sources: Brand left DOJ over fear of overseeing Russia probe 3:40
As far back as last fall, Brand had expressed to friends that she felt overwhelmed and unsupported in her job, especially as many key positions under her jurisdiction had still not been filled with permanent, Senate-confirmed officials.
Four of the 13 divisions overseen by the associate attorney general remain unfilled, including the civil rights division and the civil division, over one year into the Trump administration.
While Brand has largely stayed out of the spotlight, public criticism of Deputy Attorney General Rod Rosenstein by President Donald Trump worried Brand that Rosenstein’s job could be in danger.
Should Rosenstein be fired, Brand would be next in line to oversee Special Counsel Robert Mueller’s investigation into Russia’s meddling in the 2016 election, thrusting her into a political spotlight that Brand told friends she did not want to enter.
The Justice Department pushed back on NBC’s report.
“It is clear these anonymous sources have never met Rachel Brand let alone know her thinking. All of this is false and frankly ridiculous,” said Justice Department spokeswoman Sarah Flores.
Brand has had a long legal career that has spanned several administrations, including under Democratic President Barack Obama and Republican George W. Bush.
In announcing her departure, Attorney General Jeff Sessions described Brand as “a lawyer’s lawyer,” noting that she graduated from Harvard Law School and clerked at the Supreme Court.
In the same statement, Brand said, “I am proud of what we have been able to accomplish over my time here.”
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Undoubtedly, the DOJ under Trump and Sessions has made some great strides in attacking the rule of law, undermining social justice, mal-administering the Immigration Courts, eroding the credibility of DOJ attorneys in court, and generally diminishing the quality and fairness of the justice system in the United States.
While those might give Rachel “bragging rights” over at Wal-Mart or in right-wing legal circles, I don’t see that they are anything to “write home about.” Hopefully, at some point in the future, having served as a politico in the Trump/Sessions DOJ will become a “career killer” for any future Government appointments.
But, in today’s topsy-turvy legal-political climate, it’s still a shrewd “self-preservation” move on Brand’s part. And, she’s somewhat less likely to be stomping on anyone’s civil rights over at Wal-Mart (although you never know when an opportunity to dump on the civil rights of the LGBTQ community, African-Americans, Latinos, immigrants, women, the poor, or to promote religious intelerance might present itself in a corporate setting).
Looking forward to more DOJ reporting from the super-talented Julia! I’ve missed her on the “immigration beat!”
“A week after he won the election, President Trump promised that his administration would round up millions of immigrant gang members and drug dealers. And after he took office, arrests by Immigration and Customs Enforcement officers surged 40 percent.
Officials at the agency commonly known as ICE praise Trump for putting teeth back into immigration enforcement, and they say their agency continues to prioritize national security threats and violent criminals, much as the Obama administration did.
But as ICE officers get wider latitude to determine whom they detain, the biggest jump in arrests has been of immigrants with no criminal convictions. The agency made 37,734 “noncriminal” arrests in the government’s 2017 fiscal year, more than twice the number in the previous year. The category includes suspects facing possible charges as well as those without criminal records.
Critics say ICE is increasingly grabbing at the lowest-hanging fruit of deportation-eligible immigrants to meet the president’s unrealistic goals, replacing a targeted system with a scattershot approach aimed at boosting the agency’s enforcement statistics.
ICE has not carried out mass roundups or major workplace raids under Trump, but nearly every week brings a contentious new arrest.
2:42
Trump said he would deport millions. Now ICE is in the spotlight.
The White House has said they are focused on deporting undocumented immigrants who “pose a threat to this country.”(Monica Akhtar/The Washington Post)
A Virginia mother was sent back to El Salvador in June after her 11 years in the United States unraveled because of a traffic stop. A Connecticut man with an American-born wife and children and no criminal record was deported to Guatemala last week. And an immigration activist in New York, Ravi Ragbir, was detained in January in a case that brought ICE a scathing rebuke from a federal judge.
“It ought not to be — and it has never before been — that those who have lived without incident in this country for years are subjected to treatment we associate with regimes we revile as unjust,” said U.S. District Judge Katherine B. Forrest, reading her opinion in court before ordering ICE to release Ragbir.
“We are not that country,” she said.
Immigrants whose only crime was living in the country illegally were largely left alone during the latter years of the Obama administration. But that policy has been scrapped.
Those facing deportation who show up for periodic “check-ins” with ICE to appeal for more time in the United States can no longer be confident that good behavior will spare them from detention. Once-routine appointments now can end with the immigrants in handcuffs.
More broadly, the Trump administration has given street-level ICE officers and field directors greater latitude to determine whom they arrest and under what conditions, breaking with the more selective enforcement approach of President Barack Obama’s second term.
Trump officials have likened this to taking “the shackles off,” and they say morale at ICE is up because its officers have regained the authority to detain anyone they suspect of being in the country illegally.
1:36
ICE arrests chemistry professor in U.S. for 30 years
Syed Ahmed Jamal was arrested by Immigration and Customs Enforcement agents Jan. 24 after living in the United States for more than 30 years.(KCTV5)
Officers are detaining suspects in courthouses more often, and ICE teams no longer shy from taking additional people into custody when they knock on doors to arrest a targeted person.
“What are we supposed to do?” said Matthew Albence, the top official in the agency’s immigration enforcement division, who described the administration’s goal as simply restoring the rule of law. If ICE fails to uphold its duties to enforce immigration laws, he added, “then the system has no integrity.”
In addition to arresting twice as many immigrants who have not been convicted of crimes, ICE also arrested 105,736 immigrants with criminal convictions, a slight increase. That figure includes people with serious or violent offenses as well as those with lesser convictions, such as driving without a license or entering the country illegally.
ICE’s arrest totals in Trump’s first year in office are still much lower than they were during Obama’s early tenure, which the agency says is partly because it is contending with far more resistance from state and local governments that oppose Trump’s policies. And the president’s repeated negative characterizations of some immigrant groups have created an atmosphere in which arrests that were once standard now erupt as political flash points.
Obama initially earned the moniker “deporter in chief” because his administration expelled hundreds of thousands of immigrants, including people with no criminal records. But when Republicans blocked his effort to create a path to citizenship for millions living in the country illegally, Obama curtailed ICE enforcement, especially for those without serious criminal violations. Those measures incensed Republicans — and eventually helped to propel Trump into office.
An estimated 11 million people are living in the United States without legal residency, and the new era of ICE enforcement has shattered the presumption that their social and economic integration into American life would protect them.
Because immigration records are generally secret, it is difficult to independently verify how federal agents decide to make arrests. Immigrant advocates and ICE often clash over immigration cases, and both sides frequently present incomplete versions of an immigrant’s case.
Last month, a college chemistry instructor in Kansas, Syed Ahmed Jamal, was taken into custody on his lawn while preparing to take his daughter to school. He arrived from Bangladesh 30 years ago and built a life in the United States. More than 57,000 people signed an online petition asking ICE to stop his deportation, describing him as a community leader and loving father.
An immigration judge placed a temporary stay Wednesday on ICE’s attempt to deport him, but the agency’s account of Jamal’s case is starkly different. ICE said he arrived in 1987 on a temporary visa. He was ordered to leave the United States in 2002, and he complied, but three months later, he returned — legally — and overstayed again. A judge ordered him to leave the country in 2011, but he did not. ICE said agents took Jamal into custody in 2012. He lost his appeal in 2013.
At first glance, Albence said, many of ICE’s arrests may seem like “sympathetic cases — individuals who are here, and who have been here a long time.”
“But the reason they’ve been here a long time is because they gamed the system,” he said.
Defenders of the tougher approach applaud ICE’s new resolve and say it is U.S. immigration courts — not ICE — that are determining who should be allowed to stay. And they reject the idea that the longer someone has lived in the country, the more the person deserves to be left alone.
“As someone who has practiced law for 20-plus years, I find strange the idea the longer you get away with a violation, the less stiff the punishment should be, and that your continued violation of the law is basis for the argument that you shouldn’t suffer the consequences of that violation,” said Matthew O’Brien, director of research at the Federation for American Immigration Reform, or FAIR, which backs Trump’s approach.
No statute of limitations
The furor that has followed recent ICE arrests reflects a deeper disagreement — not unlike the fight over young, undocumented “dreamers” — about the consequences that those in the country illegally should face.
Living in the United States without legal status is generally treated as a civil violation, not a criminal one. And many Americans, especially Democrats, do not view it as an offense worthy of arrest and deportation once someone has settled into American life.
But in the hyper-politicized atmosphere of the immigration debate, where the merits of these arrests are increasingly litigated in public, partisans now argue over each immigrant’s perceived worthiness to remain in the country, even when a full grasp of the facts is lacking.
When a 43-year-old Polish-born doctor in Michigan who came to the United States at age 5 was arrested last month, supporters rushed to his defense. ICE justified its decision by saying the doctor, who was a permanent legal resident, had had repeated encounters with local police and two 1992 misdemeanor convictions for destruction of property and receiving stolen items, crimes that under U.S. immigration law are considered evidence of “moral turpitude.”
Others who committed crimes long ago and satisfied their obligations to the American justice system have learned there is no statute of limitations on ICE’s ability to use the immigrants’ offenses as grounds to arrest and deport them.
When Ragbir, the New York immigration activist, was detained last month during a scheduled check-in with ICE, his supporters accused the agency of targeting him for retaliation.
But Ragbir is the type of person who is now a top priority for ICE. After becoming a lawful U.S. resident in 1994, he was convicted of mortgage and wire fraud in 2000.
Ragbir served two years in prison, then married a U.S. citizen in 2010. Immigration courts repeatedly spared him from deportation, but his most recent appeal was denied, and ICE took him into custody eight days before his residency was due to expire.
Ragbir was so stunned that he lost consciousness, court records show, and was taken to a hospital.
Former acting ICE director John Sandweg, who helped draft the 2014 memo that prioritized arrests based on the severity of immigrants’ criminal offenses, said the agency has resources to deport only about 200,000 cases a year from the interior of the United States.
“The problem is, when you remove all priorities, it’s like a fisherman who could just get his quota anywhere,” Sandweg said. “It diminishes the incentives on the agents to go get the bad criminals. Now their job is to fill the beds.”
Albence said the agency’s priority remains those who represent a threat to public safety or national security, just as it was under Obama. The difference now is that agents are also enforcing judges’ deportation orders against all immigrants who are subject to such orders, regardless of whether they have criminal records.
“There’s no list where we rank ‘This is illegal alien number 1 all the way down to 2.3 million,’ ” he said.
Albence said ICE prioritizes its caseload using government databases and law enforcement methods to track fugitives. But in the vast majority of cases, ICE takes custody of someone after state or local police have arrested the person.
This approach dovetailed with ICE’s enforcement emphasis on targeting serious criminals, and at first, the Obama administration and other Democrats embraced it. But activists protested that ICE was arresting people pulled over for driving infractions and other minor offenses at a time when Congress was debating whether to grant undocumented immigrants legal residency. Advocacy groups pushed cities and towns to become “sanctuary” cities that refused to cooperate with ICE.
ICE’s caseload far exceeds the capacity of its jails. In addition to the 41,500 immigrants in detention, according to the most recent data, the agency has a caseload of roughly 3 million deportation-eligible foreigners, equal to about 1 in 4 of the estimated 11 million undocumented immigrants nationwide.
More than 542,000 of those are considered fugitives, meaning they did not show up for their immigration hearings and were ordered deported, or they failed to leave the country after losing their cases. Nearly 2 in 3 were not considered a priority for deportation under Obama. They are now.
An additional 2.4 million undocumented immigrants are free pending hearings or appeals, or because the agency has not been able to deport them yet and the Supreme Court has ruled that such individuals cannot be jailed indefinitely. Nearly 1 million of this group have final deportation orders, including 178,000 convicted criminals.
They include the Michigan doctor and Ragbir, the New York activist.
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“It’s true that all these people are deportable, but that doesn’t mean they should all have equal value,” said Cecilia Muñoz, a former policy adviser to Obama who helped shape the administration’s tiered enforcement approach.
“By crowding the courts with all kinds of people, you’re creating a resource problem,” Muñoz said.
“If you apply that logic to local police forces, you’re saying that every robber and rapist is the same as a jaywalker. And then you’re clogging your courts with jaywalkers.”
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The Trump/Sessions/DHS “Gonzo” enforcement program that claims to be targeting criminals but actually busts lots of “collaterals” who are residing here peacefully and contributing to our society is a total sham. It has nothing to do with the “Rule of Law” or real law enforcement.
Unnecessary cruelty, wasting resources, arbitrariness, terrorizing communities, overloading already overwhelmed courts, and undermining the efforts of local politicians and law enforcement are not, and never have been, part of the “Rule of Law,” nor are they professional law enforcement techniques. They are part of the White Nationalist agenda to “beat up” on Latinos and other minorities, lump all immigrants in with “criminals,” stir up xenophobia, and throw some “red meat” to an essentially racist Trump/GOP “base.”
“By crowding the courts with all kinds of people, you’re creating a resource problem,” Muñoz said.
“If you apply that logic to local police forces, you’re saying that every robber and rapist is the same as a jaywalker. And then you’re clogging your courts with jaywalkers.”
Couldn’t have said it better myself!
As I say over and over, ICE under Trump is well on its way to becoming the most distrusted and despised “law enforcement” agency in America. That damage is likely to hamper their mission of legitimate enforcement well beyond the Trump era.
As some commentators have suggested, the only long-term solution might well be eventually dissolving ICE and turning the functions over to a new agency that will operate within the normal bounds of reasonable, professional law enforcement, rather than as a political appendage.
In the meantime, those who believe in American values and the true “Rule of Law,” should resist the out of control DHS at every step. While Trump and the GOP appear unwilling to place any limits on the abuses by the “ICEMEN,” Federal Courts have proved more receptive to the arguments that there are at least some outer limits on the conduct of law enforcement.
“GOP senators introduce version of White House immigration framework
By Tal Kopan, CNN
Updated 6:13 PM ET, Sun February 11, 2018
Trump proposes path to citizenship for 1.8M
Washington (CNN)A group of Republican senators on Sunday night released a version of President Donald Trump’s immigration proposal ahead of a floor debate on immigration this week.
The proposal is expected to be one of several amendments the Senate will consider this week as it debates immigration. Senate Majority Leader Mitch McConnell has used a bill unrelated to immigration as the starting point for the debate, which will allow senators to offer proposals that can compete for 60 votes to advance.
The bill from Republican Sens. Chuck Grassley, John Cornyn, James Lankford, Thom Tillis, David Perdue, Tom Cotton and Joni Ernst largely resembles what Trump has proposed.
At its base is still a resolution for the Deferred Action for Childhood Arrivals program, which has protected young undocumented immigrants brought to the US as children from deportation. Trump has decided to terminate the Obama-era program.
With DACA left out again, advocates figure out their next move
With DACA left out again, advocates figure out their next move
The White House proposal offered a pathway to citizenship for 1.8 million eligible immigrants, more than the 800,000 of whom registered for DACA in the five years of the program. In exchange, the White House sought upwards of $25 billion for border security and a wall, a number of changes to laws to make it easier to deport and detain immigrants, a substantial cut to legal immigration based on family relationships and an end to the diversity visa lottery.
The Grassley bill essentially makes those bullet points a reality, including the proposals that would toughen immigration enforcement and limiting family-based visas only to spouses and children under 18 years old — a vastly reduced number of eligible immigrants from the current system.
As proposed by the White House, the cuts to the family system and diversity lottery would be used to allow in the 4 million to 5 million immigrants already waiting years — and in some cases decades — in the backlog for visas. Cuts to yearly visas would only occur after that backlog is cleared, allowing Congress time to make reforms, the lawmakers said.
McConnell officially tees up immigration debate next week
McConnell officially tees up immigration debate next week
The bill is not expected to have 60 votes in support of it, the threshold required to advance legislation in the Senate. Democrats have uniformly objected to the cuts to family migration and have issues with the ending of the diversity visa without another way to support immigrants from countries that are otherwise underrepresented in immigration to the US. The so-called reforms to current immigration laws also face steep opposition.“
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Click the above link to see Tal on TV!
Unfortunately, “closing loopholes” is a euphemism for increasing unnecessary, expensive, and inhumane civil immigration detention (the “New American Gulag”).
It also involves denying due process to tens of thousands of “unaccompanied children” seeking protection for which many should qualify were they given a fair opportunity to obtain counsel, adequate time to document applications, and truly fair hearings in Immigration Court.
In plain terms, it’s a cowardly and disingenuous attack on the rights of the most vulnerable migrants. Hopefully there are enough legislators on both sides of the aisle committed to due process, human rights, and just plain human decency to expose and defeat these highly abusive and dishonest parts of the GOP proposal.
“Washington (CNN)As the ink dried Friday on a major budget compromise deal in Congress, immigration advocates were taking stock of getting left behind — again — without a resolution for hundreds of thousands of young undocumented immigrants on the verge of losing protections.
It’s an open question if there are cards left to play in the push to enshrine the Deferred Action for Childhood Arrivals policy into law. While no advocates say they are giving up, many also openly admit that Democrats and allies gave up their best negotiating position on the issue without another clear avenue coming up.
In the meantime, a pending court decision on DACA, which President Donald Trump is terminating, means the immigrants protected by it and who mostly have never known another country than the US, won’t begin losing their protections as planned on March 5 — but their fate could be reversed at any moment by another court decision.
Rep. Luis Gutierrez, an Illinois Democrat who has long served as one of the most outspoken advocates in Congress for immigration reform, was pessimistic with reporters early Friday morning as Congress passed the deal with virtually every Democratic priority except DACA in it.
“No, I don’t, I don’t,” he said when asked if there was any other way Democrats could exert leverage on the issue. Gutierrez said the plan from the beginning was to either attach a DACA compromise to the must-pass budget deal or raising the debt ceiling, both of which were passed in the early morning hours Friday without DACA. Arizona Democrat Raul Grijalva called the episode “disheartening.”
close dialog
“We have decoupled the issues. Your leverage is you want them one and the same,” Gutierrez said. “Do we need a new way forward? Yeah, we’re going to figure out a new way forward.”
There is one glimmer of hope for advocates. Senate Majority Leader Mitch McConnell made good on his promise to tee up an immigration debate on the Senate floor next week. Moments after the Senate passed the deal, McConnell filed to have a vote to open debate on an unrelated bill Monday evening — which will kick off a process where an as-yet-unknown number of amendments will be able to compete for a procedural threshold of 60 votes to then pass the Senate.
It was that promise that put in motion the deal that eventually severed DACA from other negotiations but also offers a rare opportunity for lawmakers to compete on a neutral playing field for bipartisan support.
“We’re pivoting, what can you do?” said longtime advocate Frank Sharry, executive director of the pro-immigration group America’s Voice. “We’ve had our doubts about the viability of a standalone legislative process but that’s what we’re left with, so we’re hoping to make the most of it. … That will put pressure on the President and the House to do the same.”
Already, groups of lawmakers are preparing for the floor debate, even as it remains unclear how many amendments will be offered, how debate will be structured and how long it might last.
A group of roughly 20 bipartisan senators is drafting legislation over the weekend to offer perhaps multiple amendments and potentially keep the debate focused on a narrow DACA-border security bill. Advocates on the left may offer a clean DACA fix like the Dream Act, and some on the right are drafting a version of the White House proposal that would include $25 billion for a border wall and heavy cuts to legal immigration with a pathway to citizenship — though neither is expected to have 60 votes.
“First of all, we have the Senate procedure, which is my hope. We’re working with the (bipartisan group) to see if we can come to a two-pillar solution,” said Sen. Bob Menendez, a New Jersey Democrat who has long worked on the issue, when asked Thursday what comes next for DACA. “Hopefully we could gather 60 votes for that. And then that would be it — we’d resist everything else, any other amendments, and then go back to the House and create all the pressure in the House to make it happen.”
Step 2: Pressure Ryan
If the Senate can pass a bill, lawmakers hope Trump will fully embrace it, freeing House Speaker Paul Ryan to call it up.
Already as the budget deal was on track for passage, House advocates began a pressure campaign to urge Ryan to make a promise like McConnell — though Ryan continually demurred and insisted instead he’s committed to the issue of immigration and passing a bill the President can support.
“I think we have to be realistic,” said Arizona’s Democratic Rep. Ruben Gallego. “We’re going to have to deal with reality and find whatever means possible to put pressure on Speaker Ryan and the Republican Party to bring, again, a fair vote on the Dream Act to the floor.”
“I think for me the strategy has to be pressure Ryan and bring it to the floor,” Grijalva said, adding the process should allow any proposal to vie for a majority — even if it doesn’t have a majority of Republican votes. “The Senate, when they gave up on not voting for it, at the very minimum extracted a time certain and a debate on something. We don’t even have that.”
Democrats also may have some Republican supporters in the House to pressure Ryan. A bipartisan group of lawmakers that includes two dozen Republicans sent a letter to Ryan asking to open a floor debate like McConnell.
Republican Charlie Dent of Pennsylvania said he’s been urging fellow moderates to use their numbers the way that conservatives on the right flank do.
“The Freedom Caucus has been effective because they’ll use their power of 24 (votes to deny a majority), and they take the hostage, they’ll do what they have to do,” Dent said. “I tell our members, we put our votes together, we can really direct an outcome. … I suspect if the Senate sends us a bipartisan DACA bill, that’s when we’re going to have to flex our muscles.”
But others have doubts. Republican Sen. Marco Rubio of Florida, a member of the bipartisan group, says he learned his lesson in 2013, when he co-authored legislation that passed the Senate with wide margins but died in the House.
“There are some who believe that if we get a bunch of votes it’ll force the House to do it. I don’t agree,” Rubio said. “We could vote on it 90-10. … This notion that the House is going to listen to what a senator tells them to do is not real.”
Step 3: Other leverage
If the legislative process can’t produce success, advocates say, they will look for any other leverage points they can.
“If that doesn’t work out, then there’s still an omnibus at the end of the day,” said Menendez, referring to the spending bills due in March to fund the government under the topline two-year budget deal passed Friday.
But Gutierrez doubted that approach — scoffing at the idea that Democrats would be taken seriously if they threatened to withhold their votes yet again without success.
“Really?” Gutierrez said about the omnibus as leverage. “Is it plausible? Is it realistic? Can you continue to threaten with something?”
Other options could include a temporary, one-year or two-year extension of DACA without a permanent solution, though lawmakers have decried that option.
Still, many aren’t ready to give up hope.
“This President clearly wants to get it done, I think the majority of Republicans want to get it done and the majority of Democrats want to get it done. Can we reach that balance? We can get there, I feel very confident we can get there,” said Florida’s Republican Rep. Mario Diaz-Balart.”
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Although it should be a “no brainer,” I’m not as confident as Rep. Diaz-Balart that this group can “get to yes.” A fair resolution of the “Dreamers” situation just isn’t very high on the GOP agenda, particularly in the House. And, both the Dreamers and the Dems are coming to grips with the obvious reality: if you want to set or control the agenda, you have to win elections!
We need Julia Preston to lock these folks in a room for awhile!
WASHINGTON (The Borowitz Report)—In comments to reporters at the White House on Friday, Donald J. Trump stirred controversy by lavishing an alleged wife beater with praise that he historically has reserved for child molesters and Nazis.
Reporters who heard the President’s comments were taken aback since, in the past, the President had given no indication that he held wife beaters in the same high esteem in which he holds supporters of child abuse and white supremacy.
“We knew that President Trump considered child molesters and Nazis very fine people, but this was the first time he had put wife beaters up there, too,” Tracy Klugian, a member of the White House press corps, said. “We wanted clarification as to whether he considered wife beaters as fine as those other two groups, or finer.”
John Kelly, the White House chief of staff, accused reporters of attempting to drive a wedge between three of the President’s most cherished constituencies.
“Donald Trump has made it very clear that he can be the champion of wife beaters, child molesters, and Nazis at the same time,” Kelly said. “He doesn’t play favorites.”
“In a surprise move, Rachel Brand is stepping down as the No. 3 official at the Department of Justice, the New York Timesreported on Friday. Brand was next in line to oversee the special counsel’s Russia inquiry after Deputy Attorney General Rod Rosenstein. Brand’s departure could have enormous consequences for Robert Mueller’s investigation of Russian election interference and President Donald Trump.
The New York Times has reported that Trump considered firing Rosenstein and Mueller over the summer, a situation that would have been reminiscent of Richard Nixon’s Saturday Night Massacre and the firing of Watergate investigator Archibald Cox. Trump will now get to hand-pick a replacement for Brand, who would step in to take over the investigation should he or she be confirmed by the Senate and should Rosenstein go. It’s also been noted that Rosenstein may ultimately have to recuse himself from the investigation; in that case, he wouldn’t even have to be fired for the Trump selection to take control of the investigation into Trump.
Last March, Trump issued an executive order modifying the line of succession for an acting attorney general, the person who would be in control of Mueller’s inquiry since Attorney General Jeff Sessions has recused himself. According to that order, under normal procedures, a potential replacement for either Brand or Rosenstein to oversee the Russia inquiry would need Senate confirmation.
Fordham Law professor and occasional Slate contributor Jed Shugerman has laid out the potential orders of succession at the current moment. According to the vacancy statutes, Solicitor General Noel Francisco would be designated by Jeff Sessions as acting attorney general if Rosenstein were to depart, and he’d be followed by the assistant attorneys general. The next in line after that would typically be the U.S. attorney for the Eastern District of Virginia, a position which is being vacated by Dana Boente. Since Boente is leaving that job, it would go to the U.S. attorney for the Eastern District of North Carolina, Robert J. Higdon Jr.
It’s worth noting that the executive order says Trump “retains discretion, to the extent permitted by law” to go around this line of succession to select an acting attorney general on his own. But doing so in an effort to squelch an investigation into himself, his allies, and his family would conceivably be such a transparent effort to subvert the rule of law as to be a political liability even within the Republican Party.
Rosenstein has been personally attacked by Trump. He has come under additional fire recentlyfrom critics of the Russia investigation, who have been using a concocted and false narrative from a recently declassified talking points memo to go after the FBI, Mueller, and Rosenstein. When Trump was asked by reporters if he still had confidence in Rosenstein last week, he responded “you figure that one out.”
Brand is reportedly leaving to become the head of global corporate governance at Walmart. The move feels possibly odd for someone who has served in three presidential administrations, cultivated a reputation as a devoted public servant, and who has only been in her current job less than one year.
Politico’s Eliana Johnson reported that someone close to Brand and the administration said she was leaving “because she is very smart, accomplished, and talented, and wants to protect her career.”
Brand worked in the George W. Bush administration and has been considered a rising conservative legal star for more than a decade. It seems very possible that staying in that DOJ position might have ultimately left her facing a very difficult situation career-wise. In a world where Rosenstein was fired and Brand was placed in charge of the Mueller probe, she might have to choose between obeying a Trump order that might upend the rule of law and being fired by Trump. As congressional and mainstream Republicans have moved closer towards Trump’s apparent anti-Mueller, anti-rule of law position, such martyrdom does not sound like it would help her future in the GOP.
Either decision might have done long-term damage to Brand’s future career prospects in any branch of government.
Brand’s move, however, preemptively abdicates that possible decision, quite possibly leaving it to a Trump-approved successor. As Elie Mystal, the executive editor at Above the Law, wrotefollowing the news, it seems as though we might be rolling towards a “slow moving Saturday Night Massacre.”
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Gee, Jeremy, I’m only a retired Immigration Judge (and 35 year vet of the DOJ), but I don’t view this a much of a “surprise.”
Brand has a reputation as as a smart lawyer, perhaps the smartest of the “Sessions crew.” As opposed to someone like the buffoonish racist White Nationalist xenophobe Stevie Miller or the often incoherently bias spewing Sessions himself, Brand was a low-key “doer.” She actually did a “bang up job” of implementing the Sessions alt right, anti-civil rights, anti-due process, anti-minority, anti-civil-liberties, anti-diversity, homophobic agenda at the DOJ.
She obviously sees “Armageddon” coming to the realm of “Gonzo Apocalypto” and wants to get out before she is left in the “lose-lose” position (that both Trump & Sessions have a penchant for creating) of having to become “Trump’s patsy” in the Russia investigation or maintaining her integrity, getting fired, and getting on Trump’s “S-list.”
This way, she can get out of the way of the “train wreck,” make some real money, and preserve her reputation in both right-wing legal circles and with Trump. That sets her up as a possible Cabinet appointee in a future, somewhat saner GOP Administration, or even to be a Trump nominee for a Federal Judgeship.
“For the better part of a decade, an agency that bilked Chinese immigrant investors out of nearly $50 million operated in plain sight from a storefront in the front lobby of the bustling Hilton San Gabriel hotel.
Their crimes came to light last year after a task force of San Gabriel police and federal immigration officials tracked transactions between Chinese and U.S. banks, conducted cross-border surveillance operations, launched an undercover sting and sought information from the Chinese government.
San Gabriel Valley police departments often use federal partnerships to tackle crimes like these — many of which target vulnerable new immigrants — because they lack the necessary resources, skills and technology to pursue them.
But the largely immigrant communities that they police are starting to protest these partnerships in the wake of aggressive, Trump-era immigration enforcement that has stoked widespread fears over deportations.
On Tuesday, San Gabriel city leaders rescinded a Police Department agreement with immigration officials, citing doubts about the arrangement’s necessity and heightened fears about deportations.
The memorandum of understanding, signed by Police Chief Eugene Harris in December, designates a San Gabriel police detective to act as a customs officer on a task force that investigates various types of immigration-related crimes.
Although the memo states that the designated officer does not have the authority to enforce administrative violations of immigration law, city leaders said the decision should have been brought before the City Council.
The partnership sends the wrong message about the city’s stance toward immigrants, Councilman Jason Pu said. The city’s population is 61% Asian and 25% Latino, and more than half of of all residents are foreign-born. He also asked the City Council to consider a “sanctuary city” resolution at a later meeting.
“The city of San Gabriel embraces our immigrant communities. If the message becomes ‘Come to San Gabriel and get deported,’ it would be devastating to our community and to our businesses,” Pu said.
Harris said the partnership with Homeland Security Investigations was designed to fight crimes, not deport immigrants. Contributing an officer to an HSI task force allowed the department to access federal databases, among other resources.
Councilman John Harrington voted against canceling the agreement and accused other council members of playing politics.
“This sends the message that politics are more important than residents’ safety,” Harrington said.
The news of the agreement was met with alarm in San Gabriel.
Advocacy groups and residents chanted slogans and waved signs before the Tuesday night meeting, which was so crowded that the city was forced to relocate it from City Hall to the nearby San Gabriel Mission Playhouse.
San Gabriel’s agreement was one of dozens that Immigration and Customs Enforcement officials have struck with local agencies across Southern California, including jurisdictions as small as Monterey Park and as large as the Los Angeles County Sheriff’s Department.
The documents lay out terms for information-sharing, compensation for labor costs and, in some cases, the designation of a local police officer to work on a task force with Homeland Security Investigations, ICE’s criminal investigations arm.
Jurisdictions around the state are scrutinizing these agreements and other local collaborations with ICE — and in some cases canceling them.
Pasadena city leaders recently voided an agreement signed by Police Chief Phillip L. Sanchez, saying that it required the signature of the city manager.
Santa Monica also canceled its Police Department’s arrangement with ICE in a letter from the city manager last year, citing concerns about “implied or inadvertent involvement in civil immigration enforcement by the SMPD.”
Oakland city leaders canceled their agreement with ICE after activists learned that two Oakland police officers had stopped traffic during a raid that resulted in the arrests of two people. One was placed in deportation proceedings. Federal officials said the operation was targeting a human trafficking ring, but no criminal charges have been filed.
In Santa Cruz, a criminal investigation targeting gang members also brought about the arrests of several non-gang members for immigration violations. The city police chief, Kevin Vogel, said he was never informed about the possibility of collateral arrests.
“They misled my department as to the actual scope of the operation. I feel like I was lied to,” Vogel said.
ICE officials said they told Vogel that collateral arrests of non-gang members could occur during the operations several days before the raids, which Vogel disputes.
Though Santa Cruz had no agreement with ICE, Vogel warned other police departments to clarify the terms of their cooperation with ICE up front.
“I’m not in a position to tell authorities which laws to enforce,” said Vogel, a 30-year veteran of the Santa Cruz Police Department who retired in June. “But you have to be straight with me if you’re going to come into my city for an operation.”
A detective in San Gabriel has been assigned to an HSI task force since June. The group has arrested two people it says were posing as immigration attorneys in order to charge exorbitant fees for fraudulent legal services. It has also investigated a counterfeit driver’s license and passport operation, and is looking for the owners of 30 Chinese passports discovered in a package.
These cases are typically too small to draw the attention of state and federal law enforcement agencies but too complicated for local police departments to handle with their own resources, Harris said.
Police departments and immigration authorities say these partnerships are strictly for criminal investigations.
But advocates say it may be impossible to ensure these partnerships won’t include what the Trump administration has called “collateral arrests,” or arrests of immigrants who are in the country illegally but are not the target of criminal investigations.
“Even if the original intent is to investigate a crime, if they find neighbors, bystanders that they believe are removable, they will also arrest and detain them,” said Angela Chan of Advancing Justice — Asian Law Caucus, a coauthor of Senate Bill 54, the sanctuary state bill.
Of the 111,000 immigration arrests reported by ICE between Jan. 20 and Sept. 30 of last year, about 8% were collateral arrests. And last year, ICE’s acting director, Thomas Homan, warned that more collateral arrests might be one result of California’s passing a sanctuary state bill.
Agreements like San Gabriel’s, immigrant rights advocates say, often are broadly worded and rarely include any mention of collateral arrests or consequences for violating the agreement, said Ana Muñiz, assistant professor of criminology at UC Irvine.
“On one hand, ICE and HSI can technically comply with agreements, but on the other hand, there are rhetorical and technical loopholes,” Muñiz said.
Police officers working with HSI task forces are “not authorized” to arrest people for administrative violations of immigration law, said Jennifer Reyes, assistant special agent in charge for Homeland Security Investigations Los Angeles. But immigration officers working on HSI task forces have no such restrictions.
“HSI special agents, however, have the authority to make administrative arrests during criminal investigations as part of enforcing our nation’s laws,” Reyes said.
Harris said he thinks proper oversight of joint operations with immigration authorities could ensure that no local resources are used to enforce immigration law.
Federal, state and local agencies work together to emphasize that public safety is a shared goal across all law enforcement agencies, Harris said.
But cities are increasingly wary of the perception of endorsing the Trump administration’s immigration policies. And some city leaders, like Pu, don’t see ICE and HSI as trustworthy law enforcement partners.
“The bottom line is, you just can’t trust ICE during the Trump administration,” Pu said.”
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Yup. Declaring “open season” on law-abiding undocumented members of the community (treating them basically the same as criminals and gangsters) and picking fights with local officials is one of the dumbest “law enforcement” strategies I could imagine. Even after the “Trumpsters” eventually depart, ICE might never be able to re-establish trust and credibility in many communities.
Bess actually used a more “colorful descriptor” for Trump. But, since this is a “Family Based Blog” I toned it down a bit. You can go on over to the “Levin Report” at Vanity Fair at the above link for the “tell it like it is” version.
Donald Trump finds a new and unique way to be [ a jerk]
They said it couldn’t be done. They said it wasn’t possible. They said how could he, when he’s seemingly exhausted all possible avenues for an achievement like this?They underestimated him, yet again:
The Trump administration is considering making it harder for foreigners living in the United States to get permanent residency if they have received certain public benefits such as food assistance, in a move that could sharply restrict legal immigration. The Department of Homeland Security has drafted proposed new rules seen by Reuters that would allow immigration officers to scrutinize a potential immigrant’s use of certain taxpayer-funded public benefits to determine if they could become a public burden.
For example, U.S. officials could look at whether the applicant has enrolled a child in government pre-school programs or received subsidies for utility bills or health insurance premiums.
The draft, which reads a lot like it was written by senior adviser Stephen “white American males should be a protected class” Miller, states: “Non-citizens who receive public benefits are not self-sufficient and are relying on the U.S. government and state and local entities for resources instead of their families, sponsors or private organizations. An alien’s receipt of public benefits comes at taxpayer expense and availability of public benefits may provide an incentive for aliens to immigrate to the United States.” As a reminder, when the administration was trying to make the case that the U.S. should restrict the number of refugees it allows into the country to the lowest levels since 1980, it conveniently left out data that showed refugees generate $63 billion more in government revenues than they cost over the last decade. So take the latest immigrants are a drain on the economy and preventing us from Making America Great Again screed with a grain of salt.
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Yeah, whatever term you use, Trump and his White Nationalist xenophobic, racist cabal are at it again. Masses of folks coming to the US to get “welfare” is another “restrictionist myth” used to distort the immigration debate, and whip up anti-immigrant sentiment.
Miriam Valverde, Politifact, Jan. 31, 2018 – “President Donald Trump in his State of the Union address called for tighter control of legal immigration and for an end to “chain migration.” “Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives,” Trump said Jan. 30. “Under our plan, we focus on the immediate family by limiting sponsorships to spouses and minor children.” … But there is a long queue for certain relatives seeking to come through family sponsorship. For brothers and sisters of U.S. citizens, the waiting period for a visa is over 13 years. … But there are limits on the number of visas issued per year per family category. More than 3.9 million people were in line for a visa as of Nov. 1, 2017, according to the U.S. State Department. Brothers and sisters of adult U.S. citizens fall under a “fourth-preference” category, which had 2.3 million people waiting for a visa — the wait period is over 13 years for immigrants from most nations, but even longer for some countries with heavy demand, such as Mexico and the Philippines. Siblings in the Philippines would have to wait at least 23 years for a visa, and Mexican siblings at least 20 years. “As a practical matter, because of these long backlogs there is not as much chain migration as President Trump claims,” said Stephen W. Yale-Loehr, a professor of immigration law practice at Cornell Law School. Trump said “a single immigrant can bring in unlimited numbers of distant relatives.” … Trump’s statement contains an element of truth but ignores critical facts that would give a different impression. We rate it Mostly False.”
Philip Bump, Washington Post, Feb. 6, 2018 – “As is so often the case with his discussion of immigrants, President Trump’s State of the Union description of “chain migration” — the process by which people in the United States can sponsor family members to join them — was long on fearmongering and short on accuracy. “The fourth and final pillar protects the nuclear family by ending chain migration,” Trump said of his multipart immigration restructuring proposal. “Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives. Under our plan, we focus on the immediate family by limiting sponsorships to spouses and minor children. This vital reform is necessary, not just for our economy, but for our security and our future.” The idea that curtailing a process to bring in members of an immigrant’s nuclear family protects the nuclear family is one thing. But there is simply no way to defend the claim that “a single immigrant can bring in virtually unlimited numbers of distant relatives.” … Immigrants can’t come to the United States and sponsor 20 cousins who arrive four months later, the sort of ease-of-entry that Trump and the White House seem to imply. At best, an immigrant could bring in a spouse or child — after likely waiting an extended period for that application to be approved. “You’re looking at years and years of waiting in this legal line,” [past president and past general counsel of the Washington, D.C.-based American Immigration Lawyers Association (AILA), David W.] Leopold said. “For anyone to say that the continuation of sponsorship based on family relationship is going to lead to an influx of people is either lying or doesn’t understand how the system works.” “
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Go on over to LexisNexis at the above link to get further links to the full articles. Many thinks to Dan for getting “the truth” assembled into one convenient blog.
Professor Susan Forbes Martin writes in Center for Migration Studies:
“After years of talking about a broken immigration system, President Trump offered a framework for immigration reform in his State of the Union address. In the lead-up to the address, the White House issued a statement on January 17 honoring Barbara Jordan, the former Chair of the US Commission on Immigration Reform. The White House intimated that Barbara Jordan would have supported the proposals to be championed by the President. The statement is a gross misstatement of Representative Jordan’s views. The President’s position on immigration, and the language he has used, represent all that Jordan decried during her long career and, especially as Chair of the commission. The statement misconstrues the recommendations of the Jordan Commission as justification for deep cuts in immigration that would make it harder for family members, employees and refugees to enter the country. As the Executive Director of the commission, I can attest to the fundamental differences between the Trump policies and Jordan’s and the commission’s recommendations.
In its first report to Congress, the commission did indeed state, as the White House reported, that it is “a right and responsibility of a democratic society to manage immigration so that it serves the national interest.” However, the commission also concluded that “legal immigration has strengthened and can continue to strengthen this country.” Further, the commission “decrie[d] hostility and discrimination against immigrants as antithetical to the traditions and interests of the country.” Its recommendations sought to improve the admission process by ensuring the timely entry of immediate family members of US citizens and legal permanent residents (LPRs) as well as workers and refugees.
The commission’s approach on immigration and refugee policy was considerably at odds with Trump policies—those described in the State of the Union and those already taken through administrative action—in four major areas. First, the Trump administration supports deep cuts in the overall number of family visas, claiming it wants to eliminate “chain migration.” The Commission, on the other hand, viewed family migration as beneficial to the country. It was concerned, however, about the sustainability of the program because of the multiple categories with extremely long backlogs and waiting time. It recommended adding 150,000 visas per year to permit the more rapid admission of the spouses and minor children of LPRs, who faced waiting periods of as much as a decade. To accommodate these additional visas, the Commission recommended re-directing visa numbers currently allocated to adult children and siblings of US citizens and the diversity program after a transition period. The Commission did not see ‘chain migration’ as inherently problematic. Unlike the Trump position, the commission encouraged continued admission as LPRs of the parents of US citizens. As the Executive Director of the Commission, I understood that it would have been the height of hypocrisy to denounce chain migration, as my own grandmother, like millions of other immigrants before and after, had arranged for the admission of her parents and their younger children after her arrival in the United States as a young woman.
Second, President Trump has made the most significant reduction in the admission of refugees since enactment of the Refugee Act of 1980. The ceiling on admissions was set at 45,000 for the current fiscal year and actual admissions are not nearly on a pace to meet that low number. By contrast, the commission recommended a floor on admissions of 50,000, stating that foreign policy and humanitarian imperatives necessitated that the United States take a strong leadership role in assisting and protecting refugees worldwide. The commission saw resettlement of refugees as one of the core durable solutions to refugee crises and believed the United States should lead by example. It believed that consultations with Congress, as specified in the Refugee Act of 1980, would be an effective mechanism for increasing admissions beyond the 50,000 floor when necessary. Indeed, the commission recommended that the President have even greater authority to raise the ceiling on admissions in the type of refugee emergencies experienced worldwide today. Jordan and the commission were cognizant of the dire consequences of the inflexibility of US refugee policies in the 1930s when the government rejected thousands of Jewish and other refugees from Nazi Germany who subsequently died in the Holocaust. The Trump policies would bring back those dark days with a hard ceiling on refugee admissions even when crises require flexibility and American leadership. The need for American leadership on these issues seems altogether lost on the administration.
The Commission also supported effective protection of other migrants fleeing life-threatening situations. Jordan was personally active in ensuring protection of asylum seekers from Haiti, a country described by President Trump in highly derogatory terms. In 1994, she approached President Clinton directly to ask him to reverse the policies adopted in the Bush administration that returned Haitian boat people to Haiti without consideration of their claims for asylum. She specifically recommended that they be granted temporary protection, either in Guantánamo or in the United States, until conditions changed significantly inside Haiti or they met the criteria for asylum. She would have been among those denouncing the Trump administration’s abrupt lifting of Temporary Protected Status for Haitians as well as Salvadorans. She understood that TPS was not a perfect solution for those who were unable to return home because of the conditions in their countries and believed in the importance of finding durable solutions for them here or abroad. However, she would never have supported returning TPS recipients to the kinds of conditions that will confront them in Haiti or El Salvador.
Third, the Trump administration has argued that immigration should be based on ‘merit’ as measured by a point system that rewards education and English language skills. The president implied that Norwegians have greater merit than potential immigrants from Africa. Under Jordan’s leadership, the commission explicitly rejected a point system, explaining its decision as follows:
We believe that a system that relies on formulas and bureaucratic procedures for determining which immigrants meet the ability criteria for admission is not as effective in serving the national interest as one that relies on the judgement of American families and employers within a framework that protects US workers from unfair competition.
The Trump administration ignored one of the most important recommendations that the commission made on legal admissions. The commission believed strongly that admission numbers and priorities should not be set in stone as has been the case: the last major reform of the legal immigration system took place in 1990. Rather, it recommended that Congress should revisit admission numbers and categories every three to five years to ensure they still meet the nation’s interests. Proposals by other blue ribbon panels would do the same thing, including through a standing commission which would assess needs and increase or reduce admissions in accordance with current economic conditions. The Trump policies would trap the country with admission ceilings that may be completely inappropriate in the years ahead.
Fourth, the President has chosen to put most of his immigration enforcement eggs into two baskets—a border wall and irresponsible deportation initiatives. The commission, by contrast, called for a comprehensive enforcement strategy that set priorities for deterring unauthorized migration and, when necessary, removing those who were without status or committed particularly serious crimes. The commission was aware that even twenty years ago a large proportion of migrants illegally in the country had overstayed their visas. A border wall would do little to address that problem. Recognizing that most migrants entering without authorization or overstaying their visas did so for jobs, the commission recommended an electronic employment verification system and enhanced labor standards enforcement designed to sanction employers who knowingly hired and exploited undocumented workers. Today, with illegal crossings at the US-Mexico border at historically low levels, expending scarce resources on a border wall makes even less sense. The Trump deportation policies are also problematic. Rather than prioritize the deportation of those who commit serious crimes, as have prior administrations, the administration has chosen to deflect resources towards detaining and attempting to deport those that pose no threat to the security of the country, including people who have registered for such programs as Deferred Action for Childhood Arrivals (DACA) and TPS.
Under Jordan’s leadership, the commission also supported greater cooperation with other countries in managing migration and deterring illegal movements. As part of the comprehensive strategy, the commission recommended negotiation of trade agreements, such as the North American Trade Agreement (NAFTA), that could provide greater economic opportunities in countries of origin while protecting the rights of workers. The commission knew that opening up trade between the US and other countries was not a quick fix to illegal immigration but saw it as a necessary part of a long-term strategy to reduce the push factors causing people to move.
Whether Jordan would have supported DACA is unknowable as she did not address that issue directly. From her views on the importance of citizenship, I feel confident, however, that she would have been a strong supporter of a path to citizenship for the Dreamers. Always seeking bipartisan solutions, she would have applauded President Trump’s proposed pathway to citizenship for about 2.2 million Dreamers. She would have wanted that path to be as expeditious as possible—much shorter than the Trump administration’s proposed 10-year delay. Jordan proposed a new Americanization program that would facilitate naturalization by providing resources to help immigrants more rapidly learn the language and customs of their new home. She would have recognized that the Dreamers have already learned those lessons since they have spent the most formative period of their lives in the United States.
In conclusion, the Trump administration would weaken the United States by placing irresponsible constraints on family reunification, refugee admissions and employment-based admissions while doing little to address the real causes of illegal immigration. The president’s policies are the opposite of Barbara Jordan’s view that a robust level of legal immigration is in the national interest. Even more critically, Jordan would have been the first person to speak up against the discriminatory intent and language in President Trump’s proposals. In her own words, “I believe the fact that America is a nation of immigrants should be a source of pride and not a reason to ignite virulent nationalism.”
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Susan is a long-time friend, former client, and “academic superstar” who was my colleague at Georgetown. Indeed, Susan and our good friend Professor Andy Schoenholz were the “originators” of the “Refugee Law and Policy” course that I taught for several years as an Adjunct Professor at Georgetown Law. Small world!
Of course we need a “robust” legal immigration system not the irrational racially inspired cuts and trashing of “family based” immigration being pushed by Trump, Miller, Sessions, Cotton, and the rest of the White Nationalist xenophobic gang.
We currently have an estimated 10-11 million so-called “undocumented” residents living in the United States. The vast, vast majority of them are productive, law-abiding individuals who provide services that are literally the “foundations” of our economy. Since we are essentially at “full-employment” the idea that these folks are “stealing jobs from Americans” is preposterous.
The problem is not that these folks are here without documents. Rather, it’s that our laws have been so poorly designed that we did not allow for enough legal immigration at the right levels (many more in the so-called “unskilled” and “service” jobs). Consequently, our economy and market forces basically created an “extralegal immigration system” to meet the legitimate needs of U.S. employers and would-be legal immigrants.
Logically, that calls for an expansion, not a contraction, of legal immigration. By allowing U.S. employers to use legal immigration to fill certain positions, we would virtually eliminate the so-called “jobs magnet” for illegal immigration. Moreover, we would insure that those coming have been properly screened, documented, and will pay taxes immediately. At that point there would be fewer individuals crossing the border illegally, and we could be better assured that those coming outside the system did not belong. The system would finally become rationally related to our national interests and the interests of the immigrants, instead of working against these natural market forces! And, we wouldn’t need “the Wall”,” a militarized border, the “New American Gulag,” tens of thousand of additional immigration agents, or thousands of additional U.S. Immigration Judges to make the system work. Imagine how much that might help the national deficit!
http://www.cnn.com/2018/02/08/politics/bipartisan-senators-immigration-bill/index.html
Bipartisan group of senators scrambling to draft immigration bill
By Ashley Killough and Tal Kopan, CNN
A bipartisan group of roughly 20 senators that’s been huddling behind closed doors for weeks is furiously working to draft a bill that they can propose during an expected floor showdown on immigration next week.
If they are successful, it would mean at least one-fifth of the Senate would have established an influential voting block to shape the debate over immigration and the Deferred Action for Childhood Arrivals program.
Emerging from one of their closed-door meetings Thursday, senators said multiple members are drafting language for compromise legislation, though they acknowledged they still don’t have a consensus yet.
Sen. Claire McCaskill, D-Missouri, said she would be “shocked” if they didn’t end up introducing their plan next week.
Republican Sen. Susan Collins of Maine, who hosts the meetings in her office on a near-daily basis, said there will “probably” be more than one proposal that emerges from their recent talks that could serve as amendments during next week’s debate, though she added it’s “too early to tell.”
Senate Majority Leader Mitch McConnell is expected to bring up immigration next week in a rare neutral Senate floor debate. The Republican has pledged to allow for amendments from both sides, but it’s still unclear how many amendments either side will be able to offer. And the expectation is any proposal would need 60 votes to succeed, a high bar that may make a major immigration compromise unlikely.
Other groups of senators are expected to introduce amendments as well. The White House also has its own framework, and Senate Majority Whip John Cornyn confirmed this week that some Republican lawmakers are working to draft a version based on those bullet points.
The bipartisan group of roughly 20 lawmakers, which calls itself the Common Sense Coalition, is aiming to operate as a voting bloc that can help steer the debate. Sen. Bob Menendez, D-New Jersey, who is working with members of the group said the goal would be to get 60 votes on the bipartisan amendment, and “then that would be it, we’d resist everything else, any other amendments.”
It’s unclear just how many members will make up the coalition in the end. The group could be influential if they vote as a unit, though it’s not clear that everyone would get on board. Sen. Chris Coons, D-Delaware, said the number of supporters they have depends on the contours of the proposal. In their negotiations, sometimes a proposal will garner 30 members, while a different proposal will have 20 or 40.
“The challenge with immigration is it’s a very broad range of concerns,” he said.
Republican Sen. James Lankford of Oklahoma cautioned that a final deal hasn’t been reached yet. “It’s one thing to edit concepts, it’s another thing to look at language and go, ‘no this doesn’t work,’ and then try to make adjustments from there,” he told reporters.
While the White House wants an immigration bill that focuses on four key pillars — increasing border security, resolving DACA, ending the visa diversity lottery, and heavily curtailing family-based immigration, or chain migration, as they call it, multiple senators stressed that a bill has little chance of passing unless it narrows to just two of those pillars: DACA and border security.
“I think a lot of people are learning that immigration’s complicated. The more we try to do, the more unanswered questions emerge,” said Republican Sen. Marco Rubio, who was part of a different group of senators that pushed a much larger immigration bill in 2013. It was passed by the Senate but went nowhere in the House.
Like Rubio, Coons also endorses the concept of a narrower bill. “The challenge is, there’s lot of other proposals that the White House and others want to address,” he said.
The clock, however, is ticking, and the group is hoping to strike a final deal by Monday or Tuesday, roughly when McConnell is expected to kick off the amendment process.
“We don’t have any choice, right?” said Sen. Jeanne Shaheen, D-New Hampshire. “Next week’s coming.”
http://www.cnn.com/2018/02/08/politics/budget-deal-anger-daca/index.html
Anger rises from left as DACA left out of budget deal again
By: Tal Kopan, CNN
As a massive bipartisan budget deal moved towards a vote Thursday, temperatures were rising on the left, where Democrats were fuming that — once again — immigration was being left behind.
“Anyone who votes for the Senate budget deal is colluding with this President and this administration to deport Dreamers. It is as simple as that,” said Illinois Rep. Luis Gutierrez, a longtime Democratic advocate of immigration reform. Pro-immigration advocacy groups were sending similar messages to Democratic offices as well.
Democrats on the left, especially members of the Congressional Hispanic Caucus, were frustrated to see a budget deal negotiated that resolved virtually every Democratic priority except a resolution for the Deferred Action for Childhood Arrivals program, a policy that protected young undocumented immigrants who came to the US as children that President Donald Trump decided to terminate in September.
The Senate is expected to pass the bill Thursday and send it to the House attached to a continuing resolution to fund the government into March. Government funding expires Thursday at midnight.
The pushback was strong enough that House Minority Leader Nancy Pelosi, who was involved in negotiating the compromise, was so moved by the frustration when she presented the deal to her caucus that she took the House floor for a record-breaking eight hours straight on Wednesday, reading stories of DACA recipients.
But that wasn’t enough to satisfy some of her base, and the leadership team sent conflicting messages, saying they weren’t whipping the bill Wednesday, then sending a whip notice to vote no on Thursday. Pelosi also sent a “dear colleague” letter saying Republicans will need Democratic votes to pass the deal in the House and urging her caucus to “be heard,” though not necessarily block its passage.
“House Democrats have a voice here and we must be heard,” Pelosi wrote. “These are the reasons I am voting against this bill.”
But earlier Thursday, Pelosi called it a “good bill” and said she “fought very hard for many of the things that are in there,” even as she said she wouldn’t vote for it.
Pelosi also told members of her caucus planning to vote “yes” on the budget deal not to telegraph those positions in order to maintain leverage, according to two Democratic sources.
Even so, most everyone in Congress believed that the bill had enough votes to pass the House, even among Democrats.
“I think it’s very important for DACA that there be a significant presence of votes against whatever comes over, and not just for DACA, there’s other reasons (to oppose the deal),” said Rep. Raul Grijalva, an Arizona Democrat and Hispanic caucus member. “But I anticipate that if 30, 40 Democrats vote for it, it would pass.”
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I can definitely see some House Democratic “protest votes” over the DACA omission. What I can’t see is House Dems joining the “Bakuninists” in the GOP to shut down the Government again.
“McALLEN, Texas — Illegal crossings along the U.S.-Mexico border, after declining in early 2017, began an unexpected upturn last spring that only recently receded, according to new government figures.
The figures reflect the up-and-down nature of illegal immigration and are reminders that multiple factors — from politics to weather to conditions in home countries — influence who tries to come to the United States and when.
Apprehensions on the southern border in October 2016, a month before Donald Trump’s election, topped 66,000. After Trump’s victory, the number of migrants trying to enter the U.S. illegally reached a 17-year low.
Monthly apprehensions continued to drop into 2017, hitting 15,766 in April, when the downward trend reversed. Apprehensions rose each month to 40,513 in December. Migrant advocates said the “Trump effect” discouraging illegal immigration might be wearing off.
But last month, apprehensions decreased again. It’s not clear whether the post-holiday decrease is seasonal, or whether it will continue.
There were 35,822 migrants apprehended on the southern border in January, according to figures released Wednesday by U.S. Customs and Border Protection. That’s not as many as in December, but it’s more than were apprehended each month last February to October.
The number of families and unaccompanied children caught crossing the border, which rose nearly every month since last spring, also dropped slightly last month to 25,980, but remained more than twice April’s total, 11,127.
In releasing the numbers Wednesday, Homeland Security spokesman Tyler Houlton noted the apprehension figures for children and families were still high.
“Front-line personnel are required to release tens of thousands of unaccompanied alien children and illegal family units into the United States each year due to current loopholes in our immigration laws. This month we saw an unacceptable number of UACs [unaccompanied children] and family units flood our border because of these catch and release loopholes,” he said. “To secure our borders and make America safer, Congress must act to close these legal loopholes that have created incentives for illegal immigrants.”
In Texas’ Rio Grande Valley, so many migrant families with small children arrive daily — more than 15,500 family members so far this fiscal year — that volunteers at a local shelter set up a play area in the corner.
When the number of unaccompanied migrant children caught crossing began to increase in April, fewer than 1,000 were apprehended a month. By last month, that had grown to 3,227. The number of family members caught crossing grew even faster during that time, from 1,118 in April to 5,656 last month.
When Elvis Antonio Muniya Mendez arrived at the shelter last month from Honduras with his 15-year-old son, the playpen was packed with the children of 100 fellow Central American migrants caught crossing the border illegally and released that day. Muniya, 36, had fled a gang that killed his 26-year-old brother the month before. He was hoping to join another brother in Indiana. He and his son were released with a notice to appear in immigration court, which he planned to attend.
“I want to live here legally, without fear,” he said.
Trump administration officials have proposed detaining more families, but that’s not happening in the Rio Grande Valley, where many are released like Muniya with notices to appear in court. The shelter where Muniya stopped, Sacred Heart, saw the number of migrants arriving drop at the end of last year only to increase recently, said the director, Sister Norma Pimentel.
“I’ve never seen so many children be part of this migration,” Pimentel said.
Children who cross the border unaccompanied by an adult are sheltered by the federal Office of Refugee Resettlement and placed with relatives or other sponsors in the U.S. The agency has about 9,900 shelter beds at various facilities. As of this week, the agency was sheltering 7,800 youths.
Children who cross the border with a parent may be released with notices to appear in court or held at special family detention centers.
Trump administration officials have proposed detaining more of the families. But space is limited. As of Monday, the detention centers held 1,896 people. Only one of them can hold fathers, and attorneys said it’s always full, so men who cross with children are often released with a notice to appear in court.
Advocates for greater restrictions on immigration say more needs to be done to hold parents who cross with their children accountable. They say such parents put their children at risk by making the dangerous journey. Andrew Arthur, a former immigration judge now serving as a resident fellow in law and policy at the conservative Washington-based Center for Immigration Studies, said the way migrants are treated on the border encourages family migration.
“The reason the children are there to begin with is this belief that a parent with a child will not be detained,” Arthur said. That assumption, he said, is wrong.
He said Congress and the Trump administration’s unwillingness to end the Deferred Action for Childhood Arrivals program has also encouraged migrant families to make the trip now in hopes of benefiting from a “DACA amnesty,” even though the program is limited to those who grew up in the U.S.
But migrants and advocates said they were driven to cross the border more by conditions in Central America — gang violence and economic downturns — than by U.S. policies.
“Many of these countries, you just cannot live in them,” said Ruben Garcia of El Paso’s Annunciation House shelter. “People will tell you ‘It’s just dangerous to walk around in our neighborhood.’ ”
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Quite contrary to Tyler Houlton, the Trump Administration, and the restrictionists, this isn’t about “loopholes” in the law!Individuals arriving at our borders have a right to apply for asylum and they have a right to receive Due Process and fair treatment in connection with those “life or death” applications.
But for the purposely convoluted decisions of the BIA, individuals resisting gang violence would be “slam dunk” asylum, withholding of removal, or Convention Against Torture (“CAT”) cases. If we just screened them for crimes or gang connections and granted their applications, they could easily be absorbed by our country.
But, even if we don’t want to interpret “protection laws” to actually grant much protection, we could devise humanitarian relief short of asylum or full legal status that would allow individuals whose lives were in danger to find safety in the U.S. Or, we could work with the sending countries, the UNHCR, and other countries in the Americas to solve the problem of “safe havens.”
While the Trump Administration largely ignores the lessons of history and what happens abroad, one has only to look at the “European example” to see the inevitable failure of the restrictionist agenda. The European Union has done everything within it power to” slam the door” on refugees, make them feel unwelcome, unwanted, threatened, and targets for repatriation regardless of the harm that might befall them. But, still determined refugees continue to risk their lives to flee to Europe.
What the restrictive policies have accomplished is to force more refugees to use the services of professional smugglers, and to attempt more dangerous routes. Killing more refugees en route does somewhat reduce the flow — at the cost of the humanity of the nations involved.
I suspect that the increase in deaths has to do with more individuals having to use the services of professional smugglers, who are more unscrupulous than “Mom & Pop” and “Do It Yourself” operations, and smugglers having to use more dangerous routes to avoid increased border security.
I suppose that restrictionists can be cheered by the fact that more individuals will be killed coming to and into the United States, thus decreasing the overall flow of unwanted human beings. But 1) it won’t stop people from coming, and 2) I doubt that finding way to kill more refugees will look that good in historical perspective.
As one of my colleagues told me early on in my career as an Immigration Judge: “Desperate people do desperate things!” That’s not going to change, no matter how much the restrictionists want to believe that institutional cruelty, inhumanity, “sending messages,” denying legal rights, and “get tough tactics” can completely squelch the flow of human migration. However, it certainly can squelch the flame of our own humanity.
“Congress now appears likely to reach a budget deal to keep the government functioning without treating as bargaining chips hundreds of thousands of young undocumented immigrants brought to the United States when they were children. It also appears, though, that President Trump will consider undoing his threat of deportation for these young “Dreamers” only if Congress considers the first deep cuts to legal immigration since the 1920s.
The changes the president is demanding stem from a nativist, zero-sum view that what’s good for immigrants is bad for America. That view runs counter not just to the best of American tradition and principles, but to evidence of what’s best for the country.
The programs targeted by Mr. Trump are designed to make legal immigration more diverse and humane. One is the lottery system that offers the chance for visas to people from countries that are underrepresented as sources of American immigrants; the other is family-based immigration, which offers visas to close relatives of citizens and legal residents.
Mr. Trump, who has regularly smeared immigrants as terrorists and criminals, has lately been focusing his fear-mongering on the diversity visa program. Last month, his Department of Homeland Security released a report that dishonestly claimed that those who entered the country via the lottery were more likely to be tied to terrorist attacks. The Cato Institute found that lottery visa holders actually killed only eight of 3,037 Americans murdered by foreign-born terrorists since 1975. The immigrants chosen in the lottery, moreover, are not chosen “without any regard for skill, merit or the safety of our people,” as Mr. Trump said in his State of the Union address. They must have at least a high school education or two years of experience in skilled work, and they must also undergo criminal, national security and medical checks. The 50,000 recipients of the visas are not guaranteed permanent residence, only a chance at getting through the rest of the immigration process.
Mr. Trump has said that the family reunification program — which he and other immigration opponents prefer to call “chain migration” — opens the floodgates to “virtually unlimited numbers of distant relatives.” In fact, relatives other than spouses, parents and minor children are subject to annual caps and country quotas, so that, today, the backlog is almost four million applicants, most of them facing many years of waiting to get a visa. Mr. Trump would allow no new applicants other than immediate family members, and even these would no longer include parents. Imposing these restrictions and ending the diversity visa lottery would cut in half the number of legal immigrants.
It is hard to gauge how much of what Mr. Trump says is meant as a scare tactic and how much he really will demand. The one notion that runs through all he says or tweets about immigration is that it is a door for criminals and terrorists to enter the United States. Yet data studied by the Cato Institute indicates that diversity-visa holders and illegal immigrants, the groups most maligned by Mr. Trump, are far less prone to crime than native-born Americans.
Politicians have wrestled for decades with how to deal with immigrants who are in the United States illegally — now around 11 million people. But immigration in itself has been widely regarded as good for America and for the American dream. The preponderance of evidence shows that immigrants help the economy grow. They are more likely to own businesses or to start businesses than the native-born; of the 87 privately held companies currently valued at more than $1 billion, 51 percent had immigrant founders.
There are questions worth examining and debating about whether the United States ought to admit more skilled immigrants and what criteria it uses to screen applicants. But such a debate can’t unfold in the shadow of Mr. Trump’s threat to imminently expel the Dreamers. So what is Mr. Trump really after?
A Gallup poll last June found 62 percent of Americans support maintaining current levels of immigration or even increasing them. And since the country is at nearly full employment, the timing of these anti-immigrant demands might seem odd. Yet it’s no more odd than the president’s tough-on-crime talk at a time when crime is lower than it’s ever been, or his obsession with Islamist terrorists, even though the Government Accountability Office found that right-wing extremists have committed far more domestic attacks against Americans since 2001. Mr. Trump’s approach seems intended less to rationalize the immigration system than to inflame his core supporters by demonizing nonwhite people, as he did when he disparaged immigrants from nations like Haiti and Mexico while praising Norwegians.
Members of Congress know better, and they are aware that there are sensible measures that would clear the immediate hurdle and produce a bipartisan deal. Senators John McCain, the Arizona Republican, and Chris Coons, Democrat of Delaware, have offered a stopgap bill that would end the threat to the Dreamers while strengthening border security. Nothing about diversity visas or family-based migration, nothing for the wasteful wall.
That makes sense. The way we deal with legal immigration should not be changed without a thorough, honest debate.
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When policies are driven by White Nationalism, racism, and the need to throw “red meat” to a base that has abandoned inclusiveness, humanity, and “enlightened self interest,” there isn’t much room for rationality, facts, or the common good. Unfortunately, that’s a description of the modern GOP.
RESOLUTION ON IMMIGRATION COURT REFORM AILA Board of Governors Winter 2018
PROPONENT: AILA Executive Committee and AILA EOIR Liaison Committee
Introduction:
Our immigration court system does not meet the standards which justice demands. Chronic and systemic problems have resulted in a severe lack of public confidence in the system’s capacity to deliver just and fair decisions in a timely manner. As a component of the Department of Justice (DOJ), EOIR has been particularly vulnerable to political pressure. Immigration judges, who are currently appointed by the Attorney General and are DOJ employees, have struggled to maintain independence in their decision making. In certain jurisdictions, the immigration court practices and adjudications have fallen far below constitutional norms. Years of disproportionately low court funding levels – as compared to other components of the immigration system such as ICE and CBP – have contributed to an ever-growing backlog of cases that is now well over 600,000.
Despite the well-documented history of structural flaws within the current immigration court system, DOJ and EOIR have failed to propose any viable plan to address these concerns. In fact, instead of working to improve the system, DOJ recently announced initiatives that severely jeopardize an immigration judge’s ability to remain independent and impartial. These new policies are designed only to accelerate deportations, further eroding the integrity of the court system.
RESOLUTION: The Board hereby reaffirms and clarifies its position on immigration court reform as follows:
In its current state, the immigration court system requires a complete structural overhaul to address several fundamental problems. AILA recommends that Congress create an independent immigration court system in the form of an Article I court, modeled after the U.S. Bankruptcy Court. Such an entity would protect and advance America’s core values of fairness and equality by safeguarding the independence and impartiality of the immigration court system.
Below is an outline of the basic features that should be included in the Article I court.
Independent System: Congress should establish an immigration court system under Article I of the Constitution, with both trial and appellate divisions, to adjudicate immigration cases.
This structural overhaul advances the immigration court’s status as a neutral arbiter, ensuring the independent functioning of the immigration judiciary.
Appellate Review:
AILA recommends that the new Article I court system provide trial level immigration courts and appellate level review, with further review to the U.S. Circuit Courts of Appeals and the U.S. Supreme Court. To prevent overburdening Article III courts, it is necessary to include an appellate court within the Article I court system.
Judicial Appointment Process:
AILA recommends the appointment of trial-level and appellate-level judges for a fixed term of no less than 10 years, with the possibility of reappointment. These judges would be appointed by the U.S. Court of Appeals for the federal circuit in which the immigration court resides. The traditional Article I judicial appointment process, which relies on Presidential appointment with Senate confirmation, would be unworkable for the immigration court system and could easily create a backlog in judicial vacancies. The U.S. Bankruptcy Court system, which uses a different appointment process than other Article I courts, is a better model for the immigration court system, due to the comparable size and the volume of cases. Like the U.S. Bankruptcy Court System, which has 352 judges, the immigration court currently has over 300 judges. Traditional Article I courts have far fewer judges than that of the U.S. Bankruptcy Court System. Therefore, AILA recommends a judicial appointment system that closely resembles that of the U.S. Bankruptcy Court.
Hiring Criteria for Judges:
Trial and appellate judges that are selected should be highly qualified, and well-trained, and should represent diverse backgrounds. In addition to ensuring racial ethnic, gender, gender identity, sexual orientation, disability, religious, and geographic diversity, AILA advocates for a recruitment and selection process that is designed to ensure that the overall corps of immigration judges is balanced between individuals with a nongovernment, private sector background, and individuals from the public sector. We believe this balance best promotes the development of the law in the nation’s interest.
The proposal that U.S. Immigration Judges be appointed by the U.S. Courts of Appeals for renewable 10 year terms is particularly salutary.The current process needs to be professionalized and de-politicized. The U.S. Courts of Appeals are the “primary professional consumers” of the work product of the U.S. Immigration Judges. The U.S. Bankruptcy Court Appointment System recommended by AILA has earned high praise for producing a fair, impartial, merit-based, apolitical judiciary.
The current ridiculous selection and appointment process within the DOJ has two stunning deficiencies.
First, it has become an “insider-only” judiciary.Over the past three Administrations nearly 90% of the newly appointed U.S. Immigration Judges have been from government backgrounds, primarily DHS/ICE prosecutors. Outside expertise, including that gained from representing individuals in Immigration Court, clinical teaching, and working for NGOs and pro bono groups has been systematically excluded from the Immigration Court judiciary, giving it a built-in “one-sided” appearance.
Remarkably, the situation at the appellate level, the Board of Immigration Appeals (“BIA”) has been even worse! No Appellate Immigration Judge/Board Member has been appointed from “outside Government” since 2000, and both of those have long since been removed or otherwise moved on.
Indeed, even sitting (as opposed to “administrative”) U.S. Immigration Judges are seldom appointed or even interviewed for BIA vacancies. There is only one current Appellate Immigration Judge who was appointed directly from the trial court, and that individual had only a modest (approximately three years) amount of trial experience. Thus, a number of sources of what would logically be the most expert and experienced appellate judicial candidates have been systematically excluded from the appointment process at the DOJ.
Second, while the results produced are highly problematic, the DOJ hiring process for U.S. Immigration Judges has been amazingly glacial!According to the Government Accountability Office (“GAO”) the Immigration Judge appointment process during the last Administration took an average of two years! That’s longer than the Senate confirmation process for Article III Judges!
Much of the delay has reportedly been attributed to the slowness of the “background check process.” Come on man! Background checks are significant, but are essentially ministerial functions that can be speeded up at the will of the Attorney General.
It’s not like Eric Holder, Loretta Lynch, or Jeff Sessions were willing to wait two years for background clearance for their other high-level appointees in the DOJ. No, it’s simply a matter of screwed up priorities and incompetence at the highest levels of the DOJ. And, let’s not forget that most of the appointees are already working for the DHS or the DOJ. So they currently have high-level background clearances that merely have to be “updated.”
It should be “child’s play” — a “no-brainer.” When Anthony C. “Tony” Moscato was the Director and Janet Reno was the Attorney General, background checks often were completed for Immigration Judges and BIA Members in less than 60 days. And, if Tony really needed someone on board immediately, he picked up the phone, called “downtown,” and it happened. Immediately! Competence and priorities!
Our oldest son Wick has been private bar member of the U.S. Magistrate Judge Recommendation Committee for the Eastern District of Wisconsin. Their process was much more open, timely, and merit-focused than the current DOJ hiring process (whatever that might actually be) and fairly considered candidates from both inside and outside government.
Also, the slowness of the background check process unfairly prejudices “outside applicants.” Sure, it’s annoying for a “Government insider” to have to wait for clearance. But, his or her job and paycheck continue without problem during the process.
On the other hand, “outside applicants” have to make “business decisions,” — whether to take on additional employees or accept new clients; whether to commit to another year of teaching; whether to accept promotions, etc — that can be “deal breakers” as the process creeps along without much useful feedback from EOIR.
Attorney General Sessions has claimed that he has a “secret process” for expediting appointments. But, so far, except for a “brief flurry” of appointments that were reportedly “already in the pipeline” under Lynch, there hasn’t been much noticeable change in the timelines. Additionally, the process is often delayed because DOJ and EOIR have not planned adequately, and therefore have not acquired adequate space and equipment for new judges to actually start hearing cases.
Government bureaucrats love acronyms (so do I, in case you hadn’t noticed)! There is only one acronym that can adequately capture the current sorry state of administration of the U.S Immigration Courts under DOJ and EOIR administration: “FUBAR!”
And that’s without even getting to the all-out assault on Due Process for vulnerable respondents in the U.S. Immigration Courts being carried out by Jeff Sessions and his minions. According to my information, DOJ/EOIR “management” is pushing Immigration Judges to render twenty-minute “oral decisions;” complete “quotas” of 4-5 cases a day to get “satisfactory” ratings; and not include bond cases, administrative closure, Change of Venue, Credible Fear Reviews, or Motion to Reopen rulings in completions.
Since it takes an experienced Immigration Judge 3-4 hours to do a good job on a “fully contested” asylum decision with oral decision, that’s a “designed to fail” proposal that will undoubtedly lead to cutting of corners, numerous denials of Due Process, and remands from the U.s. courts of Appeals. But despite some disingenuous “rote references” to Due Process, it’s not even an afterthought in Sessions’s plan to turn Immigration Court into “Just Another Whistle Stop on The Deportation Railroad.”
As I say, “Bad ideas never die; they have a life of their own within the bureaucracy.” That’s why we need to get Immigration Courts out of the bureaucracy!
This Congress, which “can barely even tie its own shoes,” so to speak, isn’t likely to get around to creating an Article I Immigration Court. But, every day that the current mal-administered and unfair system remains within the DOJ is a Due Process and fairness disaster. That’s something that even Congress should be concerned about!
Thanks to Attorney (and former Immigraton Judge) Sue Roy of New Jersey for sending me the AILA Resolution.
“Graham: ‘Increasingly pessimistic on immigration’
Tal Kopan
By Tal Kopan, CNN
Updated 4:54 PM ET, Tue February 6, 2018
lindsey graham card
Sen. Graham: We don’t need $25B for a wall 01:22
Washington (CNN)One of the strongest advocates for a deal on the Deferred Action for Childhood Arrivals policy in the Senate says he is “increasingly pessimistic” that Congress will pass a fix beyond a short-term “punt.”
South Carolina Sen. Lindsey Graham told reporters on Capitol Hill on Tuesday, leaving a meeting of the Republican conference, that he now believes only a one- or two-year extension of the DACA program, which protects young undocumented immigrants who came to the US as children, is likely.
McConnell holds all the cards on next week's immigration debate, and he's not tipping his hand
McConnell holds all the cards on next week’s immigration debate, and he’s not tipping his hand
The dire prediction came from a longtime advocate of immigration reform who has been one of the strongest supporters of getting a permanent solution to DACA — and who had a confrontation with President Donald Trump about vulgar comments the President made in rejecting a bipartisan compromise Graham negotiated.
“I’m becoming increasingly pessimistic about immigration,” Graham said. “I don’t think we’re going to do a whole lot beyond something like the BRIDGE Act, which would be extend DACA for a year or two, and some border security. It’s just too many moving parts.”
Graham’s comments came before said on Tuesday he supports a government shutdown if Democrats won’t agree to tighten immigration laws, undercutting ongoing bipartisan negotiations on Capitol Hill.
Graham, who has also been a part of bipartisan Senate meetings that are seeking a compromise and who helped convince Senate Majority Leader Mitch McConnell to promise to bring immigration to the floor in a “fair” process next week, called that option unsatisfactory but likely.
“That will be a punt, that will not be winning for the country, but that’s most likely where we’re going to go,” Graham said.”