The Swamp – Page 197 – immigrationcourtside.com

NEWSDAY: Judge Dana Leigh Marks Says Independence Is Only Solution For Beleaguered U.S. Immigration Courts! — Years of Political Interference and Mismanagement By Justice Department Have Taken A Toll On Due Process!

2017-7-17-Newsday-DLM-Immigration-Courts-Need-Independence

Judge Marks writes:

“Immigration courts nationwide have a backlog of more than 598,900 cases. In some of our nation’s busiest courts, such cases remain pending more than 500 days. Just more than 300 immigration judges nationwide grapple with this backlog, which increased by 100,000 in the last year alone.

Even more troubling, as the caseload rises, the rate of completing cases has been dropping. And while there are several reasons for this, our courts have been left in the lurch by ineffective management that has failed to provide adequate support staff and strategic planning.

In the past five years, immigration judges have decided more than 1,329,950 cases, but we can do even better. The key is assuring judicial independence and protection from political influences. Removing the immigration courts from the Department of Justice, where the courts are run by politically appointed law enforcement managers subject to the pressures of politics, and placing them in an independent court structure, would insulate them from those pressures and allow them to concentrate on completing cases in a fair way.

When cases are conducted fairly, there is less likelihood of appeal or political attack. More skilled court management, provided by experienced court administrators, rather than a law enforcement agency with priorities other than fairness and efficiency, would greatly enhance our ability to complete the tasks. For example, cases would not be docketed to make political statements or serve as a show of force by our government. Rather, they would be on the calendar based on due process needs. Judges need to be allowed to apply their expertise to make their dockets run smoothly and fairly.

Restructuring immigration courts would be a win-win, a solution that would ease the pressures on an overwhelmed system and facilitate timely and fair decisions. Structural reform would go a long way toward assuring we are able to answer the challenges that surely will continue.

Dana Leigh Marks is an immigration judge in San Francisco and president of the National Association of Immigration Judges. The views expressed here are solely those of the author in consultation with the NAIJ.”

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Read Judge Marks’s full, article, which has an excellent succinct description of the important work performed by U.S. Immigration Judges, at the above link.

I agree totally with my good friend and former colleague Dana that an independent Immigration Court is a “win-win.” Pouring more Immigration Judges (particularly with little or no training) into an already dysfunctional system has actually resulted in fewer completions and is almost certain to increase the already disturbing discrepancies in asylum grant rates, etc.

But, getting officials in today’s highly politicized Department of Justice to support such a move is difficult. As I pointed out in an earlier post/article, http://immigrationcourtside.com/we-need-an-article-i-united-states-immigration-court-now/ one of the two reasons that Government officials sometimes fail to act in their own and the country’s best interests is “uncompromising philosophy.”

Jeff Sessions’s extreme anti-immigrant philosophy has led him to eschew “smart” immigration enforcement in favor of a “gonzo” policy of indiscriminate prosecution, jailing, detaining, deporting, and using the Immigration Courts as an adjunct of DHS enforcement, while trying to avoid the Immigration Court system entirely through a policy of increased “expedited removal.” Ultimately, this program, which lacks both credibility and due process, is very likely to fail and lead to a logjam in the Article III Courts. This, in turn, will result in almost nobody getting removed and Article III Judges making decisions about how the Immigration Court system should be run.

I don’t share Dana’s optimism that Sessions could be persuaded to cede his total control over the staffing and functioning of the U.S. Immigration Courts to an independent authority who would run it in accordance with due process. Although that would be in his best interests, I see no evidence that he is reflective enough to get beyond his long history of immigrant bashing and furthering a white nationalist agenda. I’d like to be proved wrong on this, but I wouldn’t hold my breath.

As I have pointed out several times before, when a system with over 600,000 pending cases finally “crashes and burns,” it’s going to take a big chunk of the American justice system with it. Maybe, just maybe, at that point legislators will finally have to do their jobs, step in, and create an independent Immigration Court, with or without the support of the Administration and the DOJ.

PWS

07-19-17

GOP’S WAR ON OUR GOVERNMENT CONTINUES — FEDS’ COMPENSATION, RETIREMENT PROGRAMS TARGETED! — GOP WOULD SOCK IT TO MIDDLE CLASS TO GIVE UNNEEDED TAX CUTS TO RICH CRONIES!

https://www.washingtonpost.com/news/powerpost/wp/2017/07/18/gop-again-hits-federal-retirement-in-latest-budget-plan/?utm_term=.4446f1d6d7d6&wpisrc=nl_buzz&wpmm=1

Joe Davidson & Eric Yoder report in the Washington Post:

“The House budget proposal released Tuesday continues Republican efforts to cut federal employees’ compensation by making them pay more for retirement benefits.

Saying they seek “reforms to civil service pensions to put them on a better fiscal path,” the spending plan released by the House Budget Committee calls on staffers “to make greater contributions to their own defined benefit retirement plans.”

While the Republican’s “Plan for Fiscal Responsibility” did not provide details, it echoes previous proposals, including one offered by President Trump this year. He proposed increasing individual out-of-pocket payments toward retirement by 1 percentage point each year until they equal the government’s contribution for those in the Federal Employees Retirement System (FERS).

Over a six-year period, this would result in increased payments of about 6 percent. With no increase in benefits, that would equal a 6 percent drop in pay.

The budget “blueprint” assumes that the main panel overseeing federal employment in the House will take those steps to find the $32 billion in savings over 10 years that the blueprint would require.

The budget plan released by Committee Chairwoman Diane Black (R-Tenn.) also would end the “special retirement supplement,” which pays FERS employees “the equivalent of their Social Security benefit at an earlier age.”

“These plans put the ownership, flexibility, and portfolio risk on the employee as opposed to the employer,” the GOP document says. “Similarly, federal employees would have more control over their own retirement security under this option.”

Federal employee leaders sharply disagree.

“Slashing the pay and benefits of America’s civil servants while lining the pockets of the wealthiest of the wealthy is a shameful way to govern the country and is emblematic of everything that’s wrong with this horrible budget,” said J. David Cox Sr., president of the American Federation of Government Employees.”

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Read the complete article with charts at the above link.

These guys are shameless. The USG’s career civil service was once a “model program” that states, private employers, and even other countries sought to emulate. It produced an overall talented, motivated, honest, and effective workforce. And, the promise of an adequate, stable, and predictable retirement program underwritten by Uncle Sam was an important part of that success.

The GOP proposes to end all of that and turn the USG into just another lousy employer more interested in his or her own welfare than the well-being of the employees who are the heart and soul of the business. Shifting risk from the “big guys” like the Government, who can actually leverage investment and insurance markets and raise revenues when necessary, to individual employees who are much less well positioned to bear that risk is immoral, not to mention stupid. You get what you pay for. Reducing government employment to the lowest common denominator will essentially make us a third world country.

I dealt with this in Immigration Court all the time. The main difference between the U.S. and countries folks were fleeing (many of which had plenty of natural and human resources) was the lack of government structure and the inability or unwillingness of government to be an “honest broker” serving the needs of the people at large. In too many countries, corrupt governments are seen as primarily furthering the power and interests of those at the “top of the pile” and keeping everyone else in line.

We once had a President who sought to create a U.S. Government of “the best and the brightest.” Sadly, those days are long gone. Ultimately, all of us, and particularly those who come after us, will pay the price for the GOP’s endemic lack of vision and decency and their failure to honor and appreciate the massive contributions of career civil servants to to overall success of our nation.

PWS

07-18-17

UNDER THE RADAR: Trump Administration Implementing “Muslim Ban” Without Fanfare!

https://www.nytimes.com/2017/07/18/opinion/trump-muslim-ban-supreme-court.html?em_pos=small&emc=edit_ty_20170718&nl=opinion-today&nl_art=3&nlid=79213886&ref=headline&te=1&_r=0

FARHANA KHERA and JOHNATHAN J. SMITH write in a NY Times Op-Ed

“Lost amid the uproar over the Trump administration’s travel restrictions on citizens from Muslim-majority countries and the impending showdown at the Supreme Court are the insidious ways that the government has already begun to impose a Muslim ban.

It’s doing so through deceptively boring means: increasing administrative hurdles and cementing or even expanding the current travel restrictions that are not under review at the court. The collective impact of these changes will be that a permanent Muslim ban is enshrined into American immigration policy.

. . . .

The Twitterverse and cable news pundits are unlikely to be mobilized by policy changes that come about through these types of bureaucratic processes. Most people are not closely following the intricacies of visa vetting and screening.

That’s a shame because there is already evidence that they are working. The number of visas issued to citizens from Muslim-majority countries has decreased by double digits. Among nearly 50 Muslim-majority countries, nonimmigrant visas declined almost 20 percent in April, compared with the monthly average from 2016. Visas issued to people from Iran, Syria, Sudan, Somalia, Libya and Yemen, the six countries on the travel ban list, were down 55 percent. Those figures will continue to get worse if these other provisions are implemented.

Finally, consider an embarrassing incident. An Afghan girls’ robotics team was initially denied entry into the United States to participate in a science competition. It was only after public outcry and an intervention by President Trump that they were granted passage. Situations like that are also likely to have a chilling effect on people from Muslim-majority countries, resulting in further decreases.

A Muslim ban, even when implemented through seemingly mundane bureaucratic processes, simply has no place in our country.

TRAC: More Judges, Fewer Completions, More Backlog — Now Topping 610,000 — Trump’s Gonzo Immigration Policies Adversely Affecting Immigration Courts!

Subject: Immigration Court Dispositions Drop 9.3 Percent Under Trump

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Transactional Records Access Clearinghouse
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FOR IMMEDIATE RELEASE

Greetings. The latest available case-by-case data indicate that Immigration Court dispositions have dropped by 9.3 percent since President Trump assumed office. While a larger proportion of this declining total consist of removal orders, cases closed during the past five months (February 2017-June 2017) totaled only 77,084 cases as compared with 84,956 for the same five-month period during 2016.

Under President Trump discretion to defer deporting individuals – irrespective of their circumstances — has largely been abolished. During the first five months of the Trump Administration prosecutorial discretion closures precipitously dropped to fewer than 100 per month from an average of around 2,400 per month during the same five month period in 2016. This decline has contributed to the court’s growing backlog of cases. The backlog reached a record 610,524 cases as of June 30, 2017. This is up from 598,943 at the end of May.

These findings are based upon the very latest case-by-case court records-current through the end of June 2017-that were obtained under the Freedom of information Act and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

To read the full report, please go to:

http://trac.syr.edu/immigration/reports/474/

In addition, many of TRAC’s free query tools – which track the court’ backlog, new DHS filings, court dispositions, the handling of juvenile cases and much more – have now been updated through June 2017. For an index to the full list of TRAC’s immigration tools go to:

http://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563

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The results speak for themselves as Trump’s gonzo enforcement strategy and gross mismanagement of the U.S. Immigration Courts by the Sessions-led DOJ continue to destroy due process in Immigration Court and burden both taxpayers and the rest of the justice system. Go over to TRAC for the full report.

The Trump Administration is taking ADR — Aimless Docket Reschuffling — to new levels of waste and abuse.

Thanks to Nolan Rappaport for bringing g this to my attention.

PWS

07-18-17

TRUMP ADMINISTRATION’S WAR ON AMERICA — Proposals To Restrict Student Visas & Reduce Legal Immigration Will Hurt Economy, National Standing

These articles from today’s Washington Post highlight three “gonzo” immigration proposals driven by the Trump Administration’s white nationalist agenda.

First, the proposal to require nonimmigrant students in the U.S. to apply for annual extensions of stay would roll back the “duration of status program” for students — arguably the single best and most mutually beneficial efficiency move in the history of INS/USCIS. It would also create chaos in student visa programs that not only keep many colleges and universities financially viable, but also fuel American innovation and technological advances in the STEM fields.

Second, proposals to make visa issuance a law enforcement function within the DHS would lead to chaos in the visa issuing program and probably will result in retaliation by other friendly nations. Visas are part of the foreign commerce of the U.S., not a domestic law enforcement program.

Finally, proposals to reduce legal immigration and further restrict legal opportunities for unskilled workers would deprive the U.S. of workers at a time when the growing economy needs them the most. This short-sighted policy would likely lead to the same type of economic stagnation that has plagued EU countries and Japan over the past several decades.

Read the articles here:

https://www.washingtonpost.com/opinions/the-latest-nativist-trump-proposals-would-actually-hurt-american-institutions/2017/07/17/c85765fc-67eb-11e7-8eb5-cbccc2e7bfbf_story.html?utm_term=.570c8e41fee6

https://www.washingtonpost.com/news/wonk/wp/2017/07/17/cutting-legal-immigration-50-percent-might-be-trumps-worst-economic-policy-yet/?utm_term=.ac7808d8383d

Restrictionist policies driven by xenophobia and racism inevitably lead to disaster.

PWS

07-18-17

BREAKING: Senate GOP Implodes On Healthcare — Trump Reaches New Heights Of Incompetence & Irresponsibility By Tweeting Call For Complete Repeal Without A Plan For Replacement!

http://www.huffingtonpost.com/entry/trump-health-care-bill-response_us_596d719ee4b010d7767345ff?s69&ncid=inblnkushpmg00000009

Nick Visser reports for HuffPost:

“President Donald Trump called on congressional Republicans to craft an outright repeal of Obamacare late Monday, an hour after the GOP’s controversial Senate health care bill appeared dead once again after losing two more Republican votes.

“Republicans should just REPEAL failing Obamacare now & work on a new Healthcare Plan that will start from a clean slate,” the president tweeted, adding that “Dems will join in!”

The “clean repeal” option is unpopular in both parties, and it’s unclear how much support the president’s proposal will garner in Congress. It would take 60 votes in the Senate for an outright repeal of the Affordable Care Act, and Republicans only hold a 52-seat majority.

Trump’s response came after Sens. Jerry Moran (R-Kan.) and Mike Lee (R-Utah) announced Monday evening that they planned to vote no on a “motion to proceed” for the Senate’s legislation ― a step needed to begin debate on the bill.”

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Duh, after being treated with total disrespect and contempt by the President and the GOP for 6 months, why is it that Democrats would suddenly jump at the chance to pull the Administration’s chestnuts out of the fire?

On the other hand, a nuanced “fix” of Obamacare probably would have had enough votes to pass both Houses with bipartisan support from all or most Democrats and enough Republicans. But, that wouldn’t have allowed the GOP and Trump to have claimed “victory” on an Obamacare repeal. Talk about a President and a party who have long ago abandoned the best interests of America!

And, just think about all the time and taxpayer money the GOP has wasted over the past few years passing boneheaded, cosmetic “Obamacare repeals.” Obviously, the folks who voted for such nonsense were posturing rather than legislating.

PWS

07-18-17

HE MIGHT BE A BIGGER THREAT TO PRIVATE PROPERTY THAN BURGLARS: Sessions’s Next Target — Americans’ Private Property — Plans To Reinstitute Discredited Seizure & Forfeiture Policies! — “In 2014, federal law enforcement officers took more property from citizens than burglars did.”

https://www.washingtonpost.com/news/wonk/wp/2017/07/17/jeff-sessions-wants-police-to-take-more-cash-from-american-citizens/

Christopher Ingraham reports in the Washington Post:

“Asset forfeiture is a disputed practice that allows law enforcement officials to permanently take money and goods from individuals suspected of crime. There is little disagreement among lawmakers, authorities and criminal justice reformers that “no criminal should be allowed to keep the proceeds of their crime.” But in many cases, neither a criminal conviction nor even a criminal charge is necessary — under forfeiture laws in most states and at the federal level, mere suspicion of wrongdoing is enough to allow police to seize items permanentlAdditionally, many states allow law enforcement agencies to keep cashthat they seize, creating what critics characterize as a profit motive. The practice is widespread: In 2014, federal law enforcement officers took more property from citizens than burglars did. State and local authorities seized untold millions more.

Since 2007, the Drug Enforcement Administration alone has taken more than $3 billion in cash from people not charged with any crime, according to the Justice Department’s Inspector General.

The practice is ripe for abuse. In one case in 2016, Oklahoma police seized $53,000 owned by a Christian band, an orphanage and a church after stopping a man on a highway for a broken taillight. A few years earlier, a Michigan drug task force raided the home of a self-described “soccer mom,” suspecting she was not in compliance with the state’s medical marijuana law. They proceeded to take “every belonging” from the family, including tools, a bicycle and her daughter’s birthday money.

In recent years, states have begun to clamp down on the practice.

“Thirteen states now allow forfeiture only in cases where there’s been a criminal conviction,” said Robert Everett Johnson, an attorney for the Institute for Justice, a public interest law firm that represents forfeiture defendants.

In 2015, Eric Holder’s Justice Department issued a memo sharply curtailing a particular type of forfeiture practice that allowed local police to share part of their forfeiture proceeds with federal authorities. Known as “adoptive” forfeiture, it allowed state and local authorities to sidestep sometimes stricter state laws, processing forfeiture cases under the more permissive federal statute.

These types of forfeitures amounted to a small total of assets seized by federal authorities, so the overall impact on forfeiture practices was relatively muted. Still, criminal justice reform groups on the left and the right cheered the move as a signal that the Obama administration was serious about curtailing forfeiture abuses.

In his speech Monday, Attorney General Sessions appeared to specifically call out adoptive forfeitures as an area for potential expansion. “Adoptive forfeitures are appropriate,” he said, “as is sharing with our partners.”

“This is a federalism issue,” Johnson said. “Any return to federal adoptive forfeitures would “circumvent limitations on civil forfeiture that are imposed by state legislatures … the Department of Justice is saying ‘we’re going to help state and local law enforcement to get around those reforms.’”

The Department of Justice did not return a request for comment.”

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Gee, for a “states rights” guy, Sessions seems pretty anxious to exert Federal authority over all sorts of state prerogatives!

PWS

07-17-17

WASHPOST: Sessions Earns “Three Pinocchios” For Bogus Claims About Sanctuary Cities!

https://www.washingtonpost.com/news/fact-checker/wp/2017/07/17/attorney-general-jeff-sessionss-claim-that-criminals-take-notice-of-cities-with-sanctuary-policies/

Michelle Ye Hee Lee reports in the Fact Checker column in the Washington Post:

“Sessions is being rather misleading by citing data from a study that doesn’t support his point.

Sessions says that “criminals take notice” when cities make it known that they have “sanctuary” policies that restrict local cooperation with federal authorities about people who may be in the country illegally. He cites data from a study by the University of California Riverside, to say that “cities with these policies have more violent crime on average than those that don’t.”

But he omits the other side of the research, which is that this data point is not statistically significant. The study by the researchers did not find that sanctuary policies had any effect on crime — a point that they have emphasized in the past and which Sessions appears to have willfully ignored for political purposes. We award Sessions Three Pinocchios for twisting the data out of context to make the opposite point that the researchers made.

Three Pinocchios

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It isn’t every day that the Attorney General of the United States can earn “Three Pinocchios” for intentional dishonesty. But, then, Jeff “Gonzo Apocalypto” Sessions isn’t just “any” Attorney General.

PWS

07-17-17

COLBERT I. KING IN WASHPOST OP-ED: “Americans put Trump in the Oval Office. What does that say about the country?”

https://www.washingtonpost.com/opinions/americans-put-trump-in-the-oval-office-what-does-that-say-about-americans/2017/07/14/e6dd8996-67e8-11e7-a1d7-9a32c91c6f40_story.html?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory&utm_term=.490e8d0e535b

King writes:

“The vaudeville show that’s running at 1600 Pennsylvania Avenue didn’t book itself into the White House. Nearly 63 million Americans sent that burlesque comedy with headliner Donald Trump to Washington. That 66 million other voters thought otherwise is beside the point. Trump didn’t anoint himself president. Millions put him in office.

What does that tell us about the country?

Was hatred of President Barack Obama, fear of Hillary Clinton, outrage over America’s perceived direction enough to transfer the reins to Trump?

It’s not as if the Trump on display in the Oval Office is not the same Trump we saw on the campaign trail or on reality TV or out and about touting his businesses. He was, by any yardstick, the most unqualified presidential nominee in modern history.

Trump didn’t seize the presidency by deception. For months on end, he was out there for all voters to see, measure and judge. Some of us did offer our preelection assessments, based upon his campaign, well before time came to cast ballots.

In my view, Trump showed himself to be one who could be neither out-demagogued nor out-nastied.

Well in advance of the vote, the country heard Trump’s vile insults and claims: Mexican immigrants are criminals and rapists; Obama wasn’t born in the United States and was an illegitimate president.

And his attacks on people. Megyn Kelly: “You could see there was blood coming out of her eyes, blood coming out of her wherever.” Jews: “The only kind of people I want counting my money are little short guys that wear yarmulkes every day.” Sen. John McCain (R-Ariz.): “He’s not a war hero . . . I like people that weren’t captured.” My journalist colleague Serge Kovaleski, who has limited mobility in his arms: “Now the poor guy, you ought to see this guy,” Trump said, before contorting his arms in an apparent impersonation.

Trump the candidate showed himself to be an ignorant, undisciplined, ranting bully who exaggerated and lied without shame. A man who wore a tough-guy masculinity but was actually a coward, who picked on women, demeaned minorities and was thoroughly lacking in human decency.

Trump’s character defects were on full display well before the polls opened.

President Trump’s behavior in the White House has been equally as disgusting and beneath the dignity of that high office.

And now our nation’s capital is being wrenched apart by the Trump-Russia scandal and congressional and federal investigations into the Kremlin’s intrusion in the election.

The country can’t claim not to have seen this coming.”

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Read King’s full op-ed at the link.

One of the most disturbing aspects of the Trump fiasco is that although he might be “historically unpopular,” his support in the polls has remained steady at around 35% – 40%. That means that at least 1/3 of Americans are willing to accept incompetence, dishonesty, bias, racism, xenophobia, intentional cruelty and divisiveness, nepotism, bullying, anti-intellectualism, scientific ignorance, undermining national security, and misogyny as the “new norms” in America. It essentially means that a substantial number of our fellow Americans have put themselves out of reach of rational political dialogue. That’s going to make America “tough to govern” no matter who wins the next round of elections.

PWS

07-15-17

TRUMP ADMINISTRATION ASKS SUPREMES TO INTERVENE (AGAIN) IN TRAVEL BAN CASE!

http://www.huffingtonpost.com/entry/trump-supreme-court-travel-appeal_us_596980fde4b017418627ad08

HuffPost reports:

“The U.S. Justice Department on Friday asked the Supreme Court to block a judge’s ruling that prevented President Donald Trump’s travel ban from being applied to grandparents of U.S. citizens and refugees already being processed by resettlement agencies.

In a court filing, the administration asked the justices to overturn Thursday’s decision by a U.S. district judge in Hawaii, which limited the scope of the administration’s temporary ban on refugees and travelers from six Muslim-majority countries.

The latest round in the fight over Trump’s March 6 executive order, which he says is needed for national security reasons, came after the Supreme Court intervened last month to partially revive the two bans, which were blocked by lower courts.

The Supreme Court said then that the ban could take effect, but that people with a “bona fide relationship” to a U.S. person or entity could not be barred.

The administration had narrowly interpreted that language, saying the ban would apply to grandparents and other family members, prompting the state of Hawaii to ask Hawaii-based U.S. District Judge Derrick Watson to expand the definition of who could be admitted. He ruled for the state late on Thursday.

In the court filing, the Justice Department said the judge’s ruling “empties the (Supreme) Court’s decision of meaning, as it encompasses not just “close” family members but virtually all family members.

The conservative-leaning Supreme Court is not currently in session but the justices can handle emergency requests. The administration’s application could be directed either to Justice Anthony Kennedy, who has responsibility for emergency requests from western states, or to the nine justices as a whole. If the court as a whole is asked to weigh in, five votes are needed to grant such a request.

“The truth here is that the government’s interpretation of the Supreme Court’s stay order defies common sense,” said Omar Jadwat, a lawyer with the American Civil Liberties Union involved in challenging the ban. “That’s what the district court correctly found and the attorney general’s misleading attacks on its decision can’t change that fact.”

In his decision, Watson harshly criticized the government’s definition of close family relations as “the antithesis of common sense.”

Watson also ruled that the assurance by a resettlement agency to provide basic services to a newly arrived refugee constitutes an adequate connection to the United States because it is a sufficiently formal and documented agreement that triggers responsibilities and compensation.”

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Read the complete article at the link.

Wow, for a group that despises and disses Federal Judges on a regular basis, the Trumpsters seem to be always calling on them for help!

Hard to see what the “emergency” would be that can’t wait till October.

PWS

07-14-17

“KATE’S LAW” — Steinle Family Didn’t Want Her Name Associated With Political Football!

http://www.cnn.com/2017/07/14/politics/kate-steinle-trial/index.html

CNN reports:

“San Francisco (CNN)One minute, Kate Steinle was walking with her dad on a San Francisco pier. The next, she fell to the ground, crying out for help after a bullet hit her in the back and pierced her aorta.

In a matter of hours, Steinle was dead, and police had arrested an undocumented immigrant who they accused of pulling the trigger.

On that summer day in 2015, Donald Trump had barely kicked off his campaign. But the case quickly became a rallying cry for Trump as he called for a crackdown on illegal immigration and railed against sanctuary cities.

In the two years since, candidate Trump has become President Trump, and Steinle’s name echoed in the halls of Congress this month as the House of Representatives passed Kate’s Law, a measure named for her.

But Steinle’s family has balked at her case becoming the symbol of Republicans’ immigration agenda. The attorney defending the suspect in the case says there’s more to the story than meets the eye.

And Juan Francisco Lopez-Sanchez, the undocumented Mexican immigrant who’s accused of killing Steinle and of repeatedly entering the United States illegally, has yet to go on trial.

Lopez-Sanchez appeared in court on Friday, wearing an orange jumpsuit and a blank expression through most of the proceedings.

Here’s the latest on the case: . . . .”

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Read the complete article and get detailed information on the current status of the case at the link.

No surprise that the Trump-Sessions crew and the GOP sponsors of “Kate’s Law” are more interested in scoring political points than the feelings of the family struck by this tragedy.

And, even “enhanced” deportation laws really would’t have prevented this tragedy. The suspect had already been deported five times.

Thanks to star CNN immigration beat reporter Tal Kopan for alerting me to this article to which she contributed.

PWS

07-14-17

Administration Mulls Expansion Of Expedited Removal

https://www.washingtonpost.com/world/national-security/in-memo-trump-administration-weighs-expanding-the-expedited-deportation-powers-of-dhs/2017/07/14/ce5f16b4-68ba-11e7-9928-22d00a47778f_story.html?hpid=hp_rhp-top-table-main_dhsmemo-810pm:homepage/story&utm_term=.793d4747b053

The Washington Post reports:

“The Trump administration is weighing a new policy to dramatically expand the Department of Homeland Security’s powers to expedite the deportations of some illegal immigrants.

Since 2004, the agency has been authorized to bypass immigration courts only for immigrants who had been living in the country illegally for less than two weeks and were apprehended within 100 miles of the border.

Under the proposal, the agency would be empowered to seek the expedited removal of illegal immigrants apprehended anywhere in the United States who cannot prove they have lived in the country continuously for more than 90 days, according to a 13-page internal agency memo obtained by The Washington Post.

The new guidelines, if enacted, would represent a major expansion of the agency’s authority to speed up deportations under President Trump, who has made border security a top priority.

Two administration officials confirmed that the proposed new policy, which would not require congressional approval, is under review. The memo was circulated at the White House in May, and DHS is reviewing comments on the document from the Office of Management and Budget, according to one administration official familiar with the process who spoke on the condition of anonymity.

Joanne F. Talbot, a DHS spokeswoman, said she had not seen the memo. She described it as a draft and emphasized that no final decisions have been made by Homeland Security Secretary John F. Kelly.

“The potential changes would allow DHS to more efficiently use resources to remove persons who have been illegally present for relatively brief periods of time while still observing due-process requirements,” Talbot said.

Immigrant rights advocates denounced the proposed expansion of the expedited deportation authority, warning that the policy would strip more immigrants of due-process rights to seek asylum or other legal protections that would allow them to remain in the country.”

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Read the complete article at the link.

This should come as no surprise, since one of Trump’s Executive Orders on immigration called for such an expansion. The only surprises are 1) that it has taken them so long to get around to it, and 2) that the expansion is limited to those who have been here 90 days or less, rather than “pushing the envelope” to the maximum two-year limit in the statute.

Additionally, the Administration is no doubt aware that Article III judges have lacked the spine to stand up for due process and find the statute unconstitutional. Expedited removal is a travesty of due process. So, this will be a test whether the Article III judiciary is willing to stand up for the Constitution. So far, the prospects for the Constitution are not encouraging.

It’s not surprising that the Administration’s approach to the due process mess in the U.S. Immigration Courts is to avoid due process rather than fix the existing system. But, these measures are unlikely to help much. Almost all of the approximately 600,000 individuals currently in Immigration Court, and probably 95% of the 10-11 million plus individuals already in the U.S., have been here for 90 days or more.

PWS

07-14-17

BREAKING: GRANDPARENTS, REFUGEES WIN, TRUMP LOSES (AGAIN) — JUDGE WATSON EXPANDS TRAVEL BAN EXCEPTIONS!

Here’s U.S. District Judge Derrick Watson’s full opinion:

https://assets.documentcloud.org/documents/3894503/Hawaii-v-Trump-Motify-Injunction-Order.pdf

KEY EXCERPTS

“PREDETERMINED AND UNDULY RESTRICTIVE:”

“First, the Government’s utilization of the specific, family-based visa provisions of the INA identified above constitutes cherry-picking and resulted in a

predetermined and unduly restrictive reading of “close familial relationship.” Other, equally relevant federal immigration statutes define a close family in a much broader manner.”

“ANTHESIS OF COMMON SENSE:”

“In sum, the Government’s definition of “close familial relationship” is not only not compelled by the Supreme Court’s June 26 decision, but contradicts it.

Equally problematic, the Government’s definition represents the antithesis of common sense. Common sense, for instance, dictates that close family members be defined to include grandparents. Indeed, grandparents are the epitome of close family members. The Government’s definition excludes them. That simply cannot be. See generally Klayman v. Obama, 142 F. Supp. 3d 172, 188 (D.D.C. 2015) (noting that courts should not “abandon all common sense” when considering injunctive relief).”

“BONA FIDE DOES NOT GET ANY MORE BONA FIDE THAN THAT:”

“Nothing in the Supreme Court’s decision requires a refugee to enter into a contract with a United States entity in order to demonstrate the type of formal relationship necessary to avoid the effects of EO-2. An assurance from a United States refugee resettlement agency, in fact, meets each of the Supreme Court’s touchstones: it is formal, it is a documented contract, it is binding, it triggers responsibilities and obligations, including compensation, it is issued specific to an individual refugee only when that refugee has been approved for entry by the Department of Homeland Security, and it is issued in the ordinary course, and historically has been for decades. See Slip Op. at 12. Bona fide does not get any more bona fide than that.11 Accordingly, Plaintiffs’ Motion is granted with respect to this specific request for injunctive relief.”

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PWS

07-14-17

THE CUT: SESSIONS UNDER FIRE FOR SPEECH TO ANTI-LGBT GROUP!

https://www.thecut.com/2017/07/jeff-sessions-speech-anti-lgbtq-hate-group-alliance-defending-freedom.html?utm_source=Sailthru&utm_medium=email&utm_campaign=Cut%2520-%2520July%252013%252C%25202017&utm_term=Subscription%2520List%2520-%2520The%2520Cut%2520%25281%2520Year%2529

Claire Landsbaum reports:

“Attorney General Jeff Sessions is being criticized for delivering a speech to an anti-LGBTQ hate group. On Tuesday night he addressed the Alliance Defending Freedom, a Christian law firm that advocates against LGBTQ rights, but the Justice Department won’t release his remarks, according to ABC.

The event reportedly aimed to “bring together prominent legal advocates, scholars, cultural commentators, business executives and church leaders to examine the current state of religious freedom,” and “develop legal and cultural strategies to allow freedom to flourish in the United States and around the world.” A spokesperson for the Alliance Defending Freedom said it was “working through channels” to release Sessions’s remarks at the gathering.

The ADF was classified as a hate group by the Southern Poverty Law Center in 2016; according to the center’s website, the ADF “is a legal advocacy and training group that specializes in supporting the recriminalization of homosexuality abroad, ending same-sex marriage, and generally making life as difficult as possible for LGBT communities in the U.S. and internationally.” This characterization doesn’t sit well with the ADF, which recently published a column defending its ideology.

Sessions’s voting record as an Alabama senator was generally in line with the ADF’s stances — for example, he supported a constitutional ban on same-sex marriage; voted against adding sexual orientation and gender identity to categories protected against hate crimes; and voted against repealing the military’s “don’t ask, don’t tell” policy. But although his attendance at an event involving the ADF isn’t surprising, some LGBTQ advocates are worried about the message it sends.

Wisconsin Senator Tammy Baldwin, who’s the first openly gay person elected to the U.S. Senate, told ABC it “sends a very troubling message that our attorney general, America’s top law-enforcement official, is not committed to standing up to anti-LGBT hate.”

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Liz was right!

PWS

07-13-17

SESSIONS DISTORTS STUDY ON SANCTUARY CITIES!

http://www.huffingtonpost.com/entry/jeff-sessions-sanctuary-cities_us_5967b870e4b0174186260c2b?ncid=

Elise Foley reports in HuffPost:

“WASHINGTON ― When Attorney General Jeff Sessions said Wednesday that a study had found so-called sanctuary cities have more violent crime than others, it came as a surprise to the people who conducted the research.

“When cities like Philadelphia, Boston or San Francisco advertise that they have these policies, the criminals are taking notice, too. They’ve got a good idea of where they might want to go, it seems to me,” Sessions said during a speech railing against jurisdictions that don’t fully cooperate with deportation efforts. “According to a recent study from the University of California, Riverside, cities with these policies have more violent crime on average than those that don’t.”

But that’s not what the study showed, according to one of its authors. In fact, it found that there’s no evidence of sanctuary policies having any effect on crime ― and researchers say they believe Sessions and the conservative media are twisting their study to fit their own narratives about the dangers of immigration.

Sessions, along with President Donald Trump and Homeland Security Secretary John Kelly, has made a mission of forcing jurisdictions to cooperate with immigration enforcement.

“This narrative that sanctuary policies increase crime rates is one that has not been backed up by a single shred of evidence,” said Benjamin Gonzalez-O’Brien, one of the authors of the study and an assistant professor of political science at Highline College.

Gonzalez-O’Brien co-authored a study on sanctuary policies with Loren Collingwood, assistant professor of political science at University of California, Riverside, and Stephen El-Khatib, a graduate student at the same university. They looked at data from 55 cities and found that a sanctuary designation had no statistical effect on crime.

If the administration is so convinced that sanctuary cities breed crime we would encourage them to actually do some research … and to actually show that this is in fact the case.
Benjamin Gonzalez-O’Brien, assistant professor of political science at Highline College.”

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Read Foley’s complete article at the link.

Sessions, of course, has a history of playing fast and loose with the truth not only on the Russia Investigation but in putting together arguments in favor of his white nationalist “Gonzo Apocalypto” agenda. But, when you get your info from Fox News and other right wing shills, that’s going to be an occupational hazard.

PWS

07-13-17

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