CALL OUT THE CAVALRY, WE NEED REINFORCEMENTS! – “CARAVAN” OF A FEW HUNDRED MEEK REFUGEE WOMEN & CHILDREN REACH S. BORDER, THREATEN TO EXERCISE LEGAL RIGHTS TO APPLY FOR ASYLUM, AS TRUMP, SESSIONS, NIELSEN, HOMAN, & CO. COWER IN FEAR WITHIN “FORTRESS AMERICA” — Trump Administration Views Individual Constitutional Rights As “Dangerous Loopholes” & “Threats To National Security” That Must Be Eliminated – “Grandfathering” Sought For Current & Former Trump Officials, Friends, Family Who Might Need To Assert Fifth Amendment Right Against Self-Incrimination!

https://www.washingtonpost.com/world/national-security/at-the-us-border-a-diminished-migrant-caravan-readies-for-an-unwelcoming-reception/2018/04/27/7946a154-4a52-11e8-827e-190efaf1f1ee_story.html?utm_term=.cd296045d4c6

Nick Miroff reports for the Washington Post:

The American president, a former real estate mogul, does not want Byron Garcia in the United States. But the Honduran teenager was too busy building his own hotel empire this week to worry much about that.

Vermont Avenue and Connecticut Avenue were his. Now he was looking to move up-market.

The mini-Monopoly board on the dusty floor of the migrant shelter was small, but it fit well in the small space beside the tents. His older sister, Carolina, rolled a 2 and landed on Oriental Avenue.

“That’ll be $500,” said Garcia, 15, gleefully extending his hand. “I love this game!”

Garcia is coming to America on Sunday. Or maybe not. His mother, Orfa Marin, 33, isn’t sure it will be a good day to walk up to the border crossing and tell a U.S. officer that her family needs asylum. She knows President Trump wants to stop them.

Marin and her three children are among the 300 or so remaining members of the migrant caravan who have arrived here at the end of a month-long geographic and political odyssey, a trip that has piqued Trump’s Twitter anger and opened new cracks in U.S.-Mexico relations.

Central American migrant children play Monopoly at the Movimiento Juventud 2000 shelter on April 26, 2018 in Tijuana, Mexico. (Carolyn Van Houten/The Washington Post)

The organizers of the caravan say they are planning to hold a rally Sunday at Friendship Park, the international park where a 15-foot border fence splits the beach. From there, activists and attorneys plan to lead a group of the migrants to the U.S. port of entry at San Ysidro, Calif., where they will approach U.S. Customs and Border Protection officers and formally request asylum.

. . . .

Trump has ordered U.S. soldiers to deploy and Homeland Security officials to block the migrants. But the diminished version of the caravan that has arrived here, mostly women and children, has only underscored its meekness.

Migrant families arrive on a bus at the Ejercito de Salvacion shelter on April 26, 2018 in Tijuana, Mexico after driving from Mexicali, Mexico. (Carolyn Van Houten/The Washington Post)

The families are drained after weeks of travel, coughing children and pinto beans. They have crowded here into shelters in the city’s squalid north end, where the sidewalks are smeared with dog droppings and skimpily dressed women hand out drink promotions among the strip clubs and brothels. The tall American border fence is two blocks away.

Children play on the sidewalks outside the shelters, the boredom broken whenever a car with donations arrives to drop off clothes and toys.

Central Americans migrants in Mexico have long been treated as a kind of renewable natural resource, ripe for exploitation by thieves, predators and politicians. The geopolitical importance attached to this particular group was a sign to many here that the U.S. president had recognized an opportunity, too.

“We’re not terrorists or bad people,” Marin said.

Regardless of its size, Trump officials have measured this caravan in symbolic terms, as an egregious example of the “loophole” they want to shut and an immigration system whose generosity is being abused, they say, by hundreds of thousands of Central Americas trying to dupe it.

. . . .

“These people have no option but to seek refuge in another country, and they have every right to seek asylum, they have decided to face the consequences and to be strong in demanding what is their right,” said Leonard Olsen, 26, a law student and one of several caravan organizers from the United States. He wore a tattered Philadelphia Eagles cap and arrived in Tijuana on Thursday with a busload of women and children.

. . . .

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

I can understand why guys like Trump, Sessions, Nielsen, and Homan would be scared by mothers with talented kids who show the kind of courage, honesty, humanity, and respect for law that they themselves so conspicuously lack.

Without 5th Amendment protections, who would join the Trump Administration?

PWS

04-28-18

CRUEL & UNUSUAL PUNISHMENT: DHS KAKISTOCRACY WANTS TO TARGET FAMILIES WITH CHILDREN FOR SEPARATION AND CRIMINAL PROSECUTION OF PARENTS AS PART OF WAR ON HUMANITY AT OUR SOUTHERN BORDER – Every American Will Bear The Stain Of Our Government’s Actions!

https://www.washingtonpost.com/local/immigration/top-homeland-security-officials-urge-criminal-prosecution-of-parents-who-cross-border-with-children/2018/04/26/a0bdcee0-4964-11e8-8b5a-3b1697adcc2a_story.html

Maria Sacchetti reports for WashPost:

The nation’s top immigration and border officials are urging Homeland Security Secretary Kirstjen Nielsen to detain and prosecute all parents caught crossing the Mexican border illegally with their children, a stark change in policy that would result in the separation of families that until now have mostly been kept together.

If approved, the zero-tolerance measure could split up thousands of families, although officials say they would not prosecute those who turn themselves in at legal ports of entry and claim asylum. More than 20,000 of the 30,000 migrants who sought asylum during the first quarter — the period from October-December — of the current fiscal year crossed the border illegally.

In a memorandum that outlines the proposal and was obtained by The Washington Post, officials say that threatening adults with criminal charges and prison time would be the “most effective” way to reverse the steadily rising number of attempted crossings. Most parents now caught crossing the border illegally with their children are quickly released to await civil deportation hearings.

The memo sent to Nielsen on Monday — and signed by acting Director of Immigration and Customs Enforcement Thomas Homan, Director of Citizenship and Immigration Services L. Francis Cissna and Customs and Border Protection Commissioner Kevin K. McAleenan — said attempted crossings by parents with children increased to nearly 700 a day last week, the highest level since 2016. The officials predicted that the number will continue to rise if Nielsen does not act.

Lee Gelernt, an attorney with the American Civil Liberties Union who has filed a federal lawsuit in California over earlier instances of family separations at the border, said the proposal would make “children as young as 2 and 3 years old pawns in a cruel public policy experiment.”

. . . .

Philip G. Schrag, a Georgetown law professor and asylum expert, said that expanding the forced separation of parents and children could cause severe psychological harm to families that ultimately might have legal grounds under federal asylum law to remain in the United States permanently.

“I think it’s absolutely wrenching psychologically and terrible for both the children and the parents,” he said. “What are we doing to those children psychologically that will haunt us years down the road if they become Americans?”

Federal officials say asylum applications have skyrocketed in recent years, raising concerns about fraud. Advocates for immigrants say those seeking asylum have legitimate claims under federal law and are fleeing some of the world’s most dangerous countries.

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Read Maria’s complete article at the link.

I associate myself completely with the remarks of my good friend and Georgetown Law colleague Professor Phil Schrag. Cruelty to children is stupid, counterproductive — children are our future — and morally wrong. It will definitely haunt us as a country for generations to come. It’s largely what I said before about the misguided policies of the Obama Administration. But, as with many things, the Trump Administration takes every dumb and wrong immigration policy of the past and multiplies it.

PWS

04-27-18

JUSTICE ON ICE – SESSIONS DOJ’S “AMNESTY FOR WHITE COLLAR CRIMINALS” — BEATING UP UNDOCUMENTED MIGRANTS IN CRIMINAL COURT WHILE DOING A LOUSY JOB ON REAL CRIME – “NUMBERS GAME” CONCEALS WASTE, FRAUD AND ABUSE OF TAXPAYER DOLLARS @ DOJ — “If you’re working on a misdemeanor illegal entry case, as a matter of fact, you are not working on something more serious,” Purdon, who left office in 2015, told HuffPost. “It is a net drain on the scarce resources of U.S. attorneys. Full stop.”

https://www.huffingtonpost.com/entry/jeff-sessions-wants-to-make-the-justice-department-more-like-ice_us_5ae0f3d3e4b02baed1b60aff

Roque Planas reports for HuffPost:

When Tim Purdon became U.S. attorney for North Da kota in 2010, he had a priority: improving public safety on the state’s four Indian reservations. Prosecuting violent crimes on Indian reservations falls to the Justice Department, and Purdon himself had worked similar cases as a public defender before taking on the U.S. attorney job.

But when Purdon took office, he found that more than a third of his criminal caseload consisted of immigration prosecutions, even though North Dakota lies more than 1,000 miles from the border with Mexico. Despite the state’s proximity to Canada, the defendants were by and large Latin Americans who’d been caught in the U.S. after getting deported. The cases were easy to win. All prosecutors needed was to present paperwork proving the prior deportation. But the cases sapped time away from Purdon’s prosecutors, whom he’d have rather tasked with crimes on the reservations or white-collar cases.

That all happened under the Obama administration. But President Donald Trump has doubled down on immigration prosecutions, seeing it as a way to draft the Justice Department into his immigration crackdown. Earlier this month, Attorney General Jeff Sessions announced what he called a “zero tolerance” policy on immigration crime, directing all U.S. attorneys in the four Southwestern border states to prosecute every misdemeanor illegal border-crossing case “to the extent practicable.”

Purdon was livid.

“If you’re working on a misdemeanor illegal entry case, as a matter of fact, you are not working on something more serious,” Purdon, who left office in 2015, told HuffPost. “It is a net drain on the scarce resources of U.S. attorneys. Full stop.”

Despite Trump’s insistence that the border is in “crisis,” illegal entries from Mexico have hit their lowest level since 1971. But illegal entry prosecutions are still taking up half of the federal criminal courts’ workload. If Sessions gets his way, that percentage will continue to increase: Every U.S. attorney in the country will be doing more of the same work that Purdon complained about, and the five U.S. attorneys whose districts touch the southwest border will take on increasingly petty cases to keep the numbers up.

“We want to achieve this zero tolerance across the border and we are redirecting resources,” Sessions told a House Appropriations subcommittee on Thursday.

. . . .

“Isn’t the reality of the situation that the Justice Department is ICE?” Erendira Castillo, an attorney who has represented defendants facing immigration prosecutions for two decades in Tucson, told HuffPost. “Let’s call a spade a spade.”

. . . .

Doubling down on such small potatoes cases might make sense if the Justice Department did an effective job confronting more serious crimes. But its track record on more complex investigations doesn’t always inspire confidence.

Some 9 million Americans lost their homes in the aftermath of the 2007 housing and financial crisis. Despite widespread allegations that fraudulent and predatory behavior on the part of banks and peddlers of predatory mortgages drove that crisis, the Justice Department secured a conviction in only one major case against an investment banker.

That institutional failure wasn’t a fluke — it’s also a reflection of the Justice Department’s priorities. As the number of immigration prosecutions grew by a factor of 11 over the last two decades, the number of prosecutions for white-collar crime in federal court plummeted by 41 percent, according to data compiled by the Transactional Records Access Clearinghouse at Syracuse University. The steady decline continued in 2017, Sessions’ first year as attorney general.

“DOJ’s real amnesty policy,” said Matt Stoller, a fellow with anti-monopolization nonprofit Open Markets Institute, “was for white-collar executives.”

Yes, DOJ under Sessions very clearly has become ICE, or more accurately DHS. That makes it a totally inappropriate place for the supposedly impartial U.S. Immigration Courts.
As the article points out, this trend stretches back over a number of Administrations of both parties.  Certainly, the Obama DOJ misused EOIR as part of its futile “Border Surge Enforcement Strategy” setting off a flurry of “Aimless Docket Reshuffling” (“ADR”) that if not the immediate cause of the unmanageable backlogs certainly was a primary contributor and aggravator of the problem. DOJ simply doesn’t belong in the Immigration Court business — in all honesty, it probably never has.
PWS
04-27-18

TRUMP ADMINISTRATION’S EXISTENTIAL THREAT TO NATIONAL SECURITY: Bogus Focus On Harmless Migrants Exercising Legal Rights To Apply For Asylum While Defunding State & Local Response Programs & Ignoring Real Security Threats!

Lawmakers question Trump’s Homeland Security chief over focus on immigrant caravan, border wall

By: Tal Kopan, CNN

The secretary of homeland security faced sharp questioning about agency priorities from lawmakers on both sides of the aisle at a House Homeland Security Committee hearing Thursday, with many expressing deep concerns about whether the Trump administration is properly promoting Americans’ safety.

Democrats in particular questioned Kirstjen Nielsen about the administration’s prioritization of immigration enforcement and the building of a border wall while also seeking to cut funding for state and local governments to prepare for and respond to security threats.

“Tell us how cutting this kind of funding helps America be safer,” demanded Rep. Bill Keating, D-Massachusetts.

The top Democrat on the committee, Mississippi Rep. Bennie Thompson, had sharp words for Nielsen in his opening remarks, accusing the department of intentionally attacking non-dangerous immigrants as a distraction.

“Based on your press releases this week, you would think the most important homeland security problem facing the nation is a handful of Central Americans moving through Mexico,” Thompson said, referring to a caravan of mostly women and children asylum seekers that takes place every year to call attention to the plight of Central Americans. “That does not make it so. … Better to distract the American people from the very real issues facing the department and perhaps from the President’s own problems too.”

In one particularly sharp exchange, Florida Democratic Rep. Val Demings, a former chief of police in Orlando, pressed Nielsen on whether she prioritized the wall and immigration over helping local communities.

More: http://www.cnn.com/2018/04/26/politics/caravan-border-wall-kirstjen-nielsen-hearing/index.html

 

More: http://www.cnn.com/2018/04/26/politics/caravan-border-wall-kirstjen-nielsen-hearing/index.html

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As I’ve said before, Nielsen is an intellectual lightweight, sycophant, and White Nationalist enabler. She proves it almost every time she opens her mouth in public. Her disingenuousness and toadyism make her a threat to our security every day she is in office.

Fortunately, there appear to still be enough professional civil servants in the ranks of DHS somewhere to have averted a national security disaster to date. But, if we survive this Administration, and it’s toxic focus on immigration to the exclusion of real law enforcement and national security problems, it certainly will be in spite of, not because of, folks like Nielsen.

PWS

04-27-18

MICHAEL GERSON @ WASHPOST: ICE IS GETTING DOWN IN THE GUTTER WITH TRUMP – Why Would We Tolerate Either A President Or A USG Agency Who Glories In & Gloats About “Mean & Nasty” Treatment Of Other Human Beings? — By Accepting Trump’s & ICE’s Inappropriate Conduct, We Diminish Ourselves As A Nation & As Human Beings!

https://www.washingtonpost.com/opinions/ice-has-become-trumps-personal-bullying-squad/2018/04/23/5197541e-472d-11e8-8b5a-3b1697adcc2a_story.html?utm_term=.692cc352c144

Gerson writes:

The attitude of President Trump toward federal law enforcement is, to put it mildly, mixed. The FBI refused to bend to his will. So the special counsel team is composed of “hardened Democrats” engaged in a “WITCH HUNT.” The FBI was, according to Trump, too preoccupied with the Russia investigation to prevent the Parkland, Fla., school shooting. The agency’s reputation “is in Tatters — worst in History!”

But Immigration and Customs Enforcement has passed the loyalty test. ICE’s enforcement surge “is merely the keeping of my campaign promise,” the president tweeted. Referring to ICE acting director Thomas Homan, Trump said, “Somebody said the other day, they saw him on television. . . . ‘He looks very nasty, he looks very mean.’ I said, ‘That’s what I’m looking for!’ ”

This is territory more familiar in political systems of personal rule. The agency that defies the ruler must be discredited. The agency that does his bidding is viewed as a kind of Praetorian Guard.

Most of the professionals working in ICE would surely deny this characterization, pointing to an important legal role independent from any individual president. But they need to understand that their work is now being conflated with Trump’s nativism.

ICE’s 40 percent increase in arrests within the United States after Trump took office is now closely associated with the president’s political priorities. His sweeping executive orders on immigration broadened the focus of enforcement beyond serious threats to public order. Arrests of immigrants without criminal convictions have spiked. Routine “check-ins” with ICE officials can end with handcuffs and deportation. “Sanctuary cities” — a recurring presidential political obsession — are being targeted with additional personnel. Hundreds of children have been removed from parents seeking asylum and detained separately — compounding their terrible ordeal of persecution and flight. ICE recently announced a new policy that makes it easier to detain pregnant women. Asylum seekers have often been denied “humanitarian parole” while their cases are decided, effectively jailing them without due process.

Officials of the agency insist that their nonpolitical mandate hasn’t changed. But Homan has praised the Trump administration for taking “the handcuffs off law enforcement.” Whatever their intention, ICE agents are being used by the president to send a message of callousness. And they are tying themselves to Trump’s political fortunes in the process.

The job performed by ICE is essential to American security, and not easy. Agents must prevent some truly dangerous people from entering and staying in the country — gang members, drug dealers and terrorists. But it is also their job to deal with asylum seekers — men, women and children fleeing from gangs, targeted for death by drug cartels and oppressed by terrorist states. Some of the worst people in the world, and some of the most sympathetic people in the world, are processed by immigration officials. It takes care and discernment to make this distinction.

ICE is not an agency famous for its care and discernment. In releasing an immigration activist detained by ICE early this year, U.S. District Judge Katherine B. Forrest said, “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. . . . We are not that country.”

Accusations of abuse in ICE custody are numerous and serious, and they preexisted the Trump era. An investigation by ProPublica and the Philadelphia Inquirer reported cases of racial profiling, fabricated evidence and warrantless searches — all given little scrutiny by overwhelmed immigration courts. During the past few years, there have been hundreds of accusations of sexual abuse, racial slurs, abusive strip searches and verbal harassment in ICE jails, prisons and detention centers. For an institution that claims “zero tolerance” for such practices, it seems to get a lot of serious complaints. One asylum seeker, Gretta Soto Moreno, has called the facilities worse than normal prisons because ICE “feels like it can treat immigrants any kind of way.”

This is the bitter fruit of dehumanization — in a facility, in a system, in a country. It is unclear whether Trump would even regard such a reputation as undesirable. He has effectively given permission for bullying.

This is an issue ripe for more rigorous congressional oversight — even an independent commission to investigate charges of physical and sexual abuse in the ICE system. But this would require a critical mass of elected Republicans to give a damn about the rights and dignity of migrants. It is a distant dream.

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

Dehumanization of migrants, who are among the most human of all among us, is certainly one of the most insidious aspects of the Trump/Sessions/Nielsen,/Homan regime. When we allow individuals like these who have both forgotten their proper roles in a democratic republic and arrogantly checked their humanity at the door, we essentially dehumanize ourselves.

Not surprisingly, migrants grow in moral stature as we shrink, individually and collectively. And the restrictionist (occasionally, as in the case of folks like Rep Steve King (R-IA) “neo-Nazi”) wing of the GOP is certainly a prime enabler of this reprehensible conduct. As even some GOP commentators have noted, there is a disturbing “empathy and humanity gap” evident when GOP politicos speak in dismissive and derogatory terms about migrants.

Only time will tell how soon we will be able to remove these unworthy public officials from the positions they now hold and replace them with responsible public servants who treat others with dignity, respect, humanity, and reasonableness. But, the speed and decisiveness with which we act will say much about America’s future prospects as a nation.

PWS

04-25-18

 

 

DACA: SCOFFLAWS TRUMP & SESSIONS OUTED AGAIN — USD Judge John Bates (DC) Finds Administration’s Rationale For Terminating DACA Was Bogus – But, Gives Trumpsters 90 Days To Explain Before Restarting Program! – NAACP v. Trump!

NAACP v. Trump, U.S.D.C., D.D.C., 04-24-18 (Judge John D. Bates)

Read Judge Bates’s 60 page decision invalidating the Trump Administration’s decision to “rescind” DACA and ordering the restart of the program, but delaying the order for 90 days to give the Administration a chance to come up with a legal rationale for recision:

JugeBatesDACA

Key Quote From Judge Bates:

Executive Branch officials possess relatively unconstrained authority to enforce the law against certain violators but not others. Ordinarily, the exercise of that authority is subject to review not in a court of law, but rather in the court of public opinion: members of the public know how their elected officials have used their enforcement powers, and they can hold those officials accountable by speaking out, by petitioning their representatives, or ultimately at the ballot box. When an official claims that the law requires her to exercise her enforcement authority in a certain way, however, she excuses herself from this accountability. Moreover, if her view of the law is incorrect, she may needlessly forego the opportunity to implement appropriate enforcement priorities and also to demonstrate those priorities to the public.

Fortunately, neither Supreme Court nor D.C. Circuit precedent compels such a result. Rather, the cases are clear that courts have the authority to review an agency’s interpretation of the law if it is relied on to justify an enforcement policy, even when that interpretation concerns the lawful scope of the agency’s enforcement discretion. See Chaney, 470 U.S. at 832–33; OSG, 132 F.3d at 812; Crowley, 37 F.3d at 676–77. Under this rule, an official cannot claim that the law ties her hands while at the same time denying the courts’ power to unbind her. She may escape political accountability or judicial review, but not both.

Here, the Department’s decision to rescind DACA was predicated primarily on its legal judgment that the program was unlawful. That legal judgment was virtually unexplained, however, and so it cannot support the agency’s decision. And although the government suggests that DACA’s rescission was also predicated on the Department’s assessment of litigation risk, this consideration is insufficiently distinct from the agency’s legal judgment to alter the reviewability analysis. It was also arbitrary and capricious in its own right, and thus likewise cannot support the agency’s action. For these reasons, DACA’s rescission was unlawful and must be set aside.

For the reasons given above, then, the Court will vacate the Department’s September 5, 2017 decision to rescind the DACA program. The Court will stay its order of vacatur for 90 days, however, to afford DHS an opportunity to better explain its view that DACA is unlawful. The Court will also deny the government’s motion to dismiss for lack of subject-matter jurisdiction, its motion to dismiss plaintiffs’ APA claims on reviewability grounds, and its motion to dismiss plaintiffs’ substantive APA claim; grant the government’s motion to dismiss plaintiffs’ procedural APA claim, the NAACP plaintiffs’ RFA claim, and plaintiffs’ information-sharing claim; and defer ruling on the government’s motion to dismiss plaintiffs’ remaining constitutional claims.

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

So, who “won” under Judge Bate’s order? The plaintiffs won a smashing victory on all the significant legal issues. And, Judge Bates appears prepared to not only halt the termination of DACA for those already approved under the program, as other courts have done, but also to order the DHS to resume accepting new applications for those who meet the DACA criteria.

On the flip side, nothing happens for the next 90 days while the DHS searches for a rationale for terminating DACA. I think that’s going to be hard to develop. But, you never know.

This case follows a disturbingly familiar pattern. Trump, Sessions, & Co. institute actions against immigrants based on bias, racism, xenophobia, and campaign promises. They are promptly rejected by the courts as illegal.

Then, the Administration goes “to the drawing board” (they never seriously considered the law in the first place)  in an attempt to come up with a legal rationale (usually a fairly obvious pretext) for their original actions.

That’s why it’s so infuriating to hear an intellectually dishonest scofflaw like Jeff Sessions constantly pontificating about a “rule of law” that actually represents only his own distorted and biased view of the law — likely drawn up for him by one of the restrictionist or White Nationalist groups he likes to hang around with.

Of course, even if Judge Bates eventually rules against the Administration, there no doubt will be an appeal to the DC Circuit. But, without a further stay pending appeal (which seems unlikely given the Supreme Court’s declination to give one in other DACA litigation) DACA would be restarted while the case is working its way through the lower courts, perhaps to the Supremes.

The Administration could easily have avoided this mess by agreeing to a “clean” DACA bill. They likely could even have gotten some “Wall” funding and other enforcement enhancements (short of more unneeded agents or more inhumane and unnecessary detention) thrown in with the deal. But, Trump blew the chance.

So now the fate of DACA is likely to be tied up in the Federal Courts for the indefinite future.

PWS

04-24-18

 

PRO PUBLICA: HOW OUR GOVERNMENT HAS CYNICALLY TURNED WHAT SHOULD BE A GENEROUSLY ADMINISTERED, LIFE-SAVING, PROTECTION-GRANTING ASYLUM SYSTEM INTO A “GAME OF CHANCE” WITH POTENTIALLY FATAL CONSEQUENCES FOR THE HAPLESS & VULNERABLE “PLAYERS!” –Play The “Interactive Version” Of “The Game” Here – See If You Would Survive or Perish Playing “Refugee Roulette!”

https://projects.propublica.org/asylum/#how-asylum-works

Years-long wait lists, bewildering legal arguments, an extended stay in detention — you can experience it all in the Waiting Game, a newsgame that simulates the experience of trying to seek asylum in the United States. The game was created by ProPublica, Playmatics and WNYC. Based on the true stories of real asylum-seekers, this interactive portal allows users to follow in the footsteps of five people fleeing persecution and trying to take refuge in America.

The process can be exhausting and feel arbitrary – and as you’ll find in the game, it involves a lot of waiting. Once asylum-seekers reach America, they must condense complex and often traumatic stories into short, digestible narratives they will tell again and again. Their  lives often depend on their ability to convince a judge that they are in danger. Judicial decisions are so inconsistent across the country, success in complicated cases can  come down to geography and luck — in New York City only 17 percent of asylum cases are denied in immigration court; in Atlanta, 94 percent are. Increasingly, many asylum-seekers are held in detention for months or even years while going through the system. The immigration detention system costs more than $2 billion per year to maintain.

The Trump administration has tried to reframe the asylum system as a national security threat and a magnet for illegal immigration. Attorney General Jeff Sessions characterizes the American asylum process as “subject to rampant abuse” and “overloaded with fake claims.” He has aimed recent reforms at expediting asylum adjudications to speed up deportations and at making it more difficult for certain groups to qualify for protection, such as Central Americans who claim to fear gender-based violence or gang persecution.

The narrative that the system is overrun with fraud has long been pushed by groups that favor limiting immigration overall. They point to some 37 percent of asylum-seekers who annually miss their immigration hearings as evidence that people without legitimate fears of persecution game the system. They argue that allowing asylum-seekers to obtain work permits while they wait for a decision on their cases — which sometimes takes years — incentivizes baseless claims.

But another picture emerged when ProPublica spoke with more than 20 experts and stakeholders who study and work in the asylum system, including lawyers, immigration judges, historians, policy experts, an asylum officer, a former border patrol agent and a former ICE prosecutor.

When asked about changes to the system they’d like to see, many suggested providing asylum-seekers with better access to lawyers to support due process, expanding the definition of a refugee to cover modern-day conflicts,providing more resources to help the system process claims in a timely manner, and improving judicial independence by moving immigration courts out of the Department of Justice.

Most acknowledged some level of asylum-claim abuse exists. “In any system, of course, there are going to be some bad actors and some weaknesses people seek to exploit,” said Doris Meissner, the former commissioner of the U.S. Immigration and Naturalization Service from 1993 to 2000.

But they also argued for the importance of protecting and improving a national program that has provided refuge to hundreds of thousands of people. “If you are going to make a mistake in the immigration area, make this mistake,” said Bill Hing, director of the University of San Francisco’s Immigration and Deportation Defense Clinic. “Protect people that may not need protecting, but don’t make the mistake of not protecting people who need it.”

Victor Manjarrez, a former border patrol agent from the 1980s until 2011, said he had seen human smuggling networks exploit the border over the years, but also many people who genuinely needed help.

“We have a system that’s not perfect, but is designed to take refugees. That is the beauty of it,” he said. “It has a lot of issues, but we have something in place that is designed to be compassionate. And that’s why we have such a big political debate about this.”

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

Read the narrative and play the interactive “Waiting Game” at the above link!

Getting refuge often depends on getting the right:

  • Border Patrol Agent an Asylum Officer to even get into the system;
  • Lawyer;
  • Local Immigration Court;
  • Immigration Judge;
  • DHS Assistant Chief Counsel;
  • BIA Panel;
  • U.S. Court of Appeals jurisdiction;
  • U.S. Court of Appeals Panel;
  • Luck.

If something goes wrong anywhere along this line, your case could “go South,” even if it’s very meritorious.

I also agree with Professor Hing that given the UNHCR guidance that asylum applicants ought to be given “the benefit of the doubt,” the generous standard for asylum established by the Supremes in INS v. Cardoza-Fonseca and implemented by the BIA in Matter of Mogharrabi, and the often irreversible nature of wrongful removals to persecution, the system should be designed to “error on the side of the applicant.”

Indeed, one of the things that DHS in my experience does well is detecting and prosecuting systemic asylum fraud. While a few individuals probably do get away with tricking the system, most “professional fraudsters” and their clients eventually are caught and brought to justice, most often in criminal court. Most of these are discovered not by “tough laws” or what happens in Immigration Court, but by more normal criminal investigative techniques: undercover agents, tips from informants, and “disgruntled employees or clients” who “blow the whistle” in return for more lenient treatment for themselves.

Hope YOU get protected, not rejected!

PWS

04-23-18

MULTI-TALENTED TAL @ CNN TAKES US TO THE S. BORDER IN PICTURES & WORDS!

http://www.cnn.com/2018/04/19/politics/secretary-nielsen-dhs-border-fence-wall-immigration/index.html

Snapshots from the US-Mexico border

Updated 6:55 PM ET, Thu April 19, 2018

 Here are Tal’s pictures. For whatever technical reason, you’ll have to go to the original article at the link to get the captions that go with them!
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Wow! As those of you who read “Courtside” on a regular basis know, I’m a HUGE FAN of Tal’s timely, incisive, concise, and highly accessible reporting. I feature it on a regular basis. I’ve also seen her do a great job on TV and video. But, until now, I didn’t know about her skills as a photojournalist. Tal can do it all!
Also, as my colleague Judge and Super-Blogger Jeffrey Chase pointed out in one of his recent comments on this blog, pictures play an essential role in understanding the immigration saga in America.
Been there, done that in my career. Takes me back to the long past days of riding three wheelers, helicopters, Patrol Cars, looking through infrared night scopes, and even accompanying foot patrol during my days in the “Legacy INS General Counsel’s Office.” (Most often on the border south of San Diego.) We actually took the Trial Attorneys and some of the Assistant U.S. Attorneys prosecuting our cases with us to show them what it was really like at the “ground level.”
Actually doesn’t look all that much different decades later. What is painfully clear is that walls, fences, helicopters, detectors, unrealistically harsh and restrictive laws, and more detention centers (the “New American Gulag”) will never, ever “seal” our borders as some immigration hard-liners insist is possible.
At best, we can control, channel, and regulate the flow of migrants, but not halt it entirely. Human migration was taking place long before the U.S. became a nation, and I daresay that it will continue as long as there are humans left on earth. To think that walls, troops, concentration camps, harsh laws, and prisons are going to halt it completely is a mixture of arrogance and ignorance.
So, rather than pouring  more money down the drain on the same “strategies” that have been failing for decades, a “smart” border control policy would involve:
  • More realistic and generous interpretations of our refugee and asylum laws that should include most of those fleeing for their lives from the Northern Triangle;
  • A much larger and more “market based” legal immigration system for permanent and temporary migrants that would meet the legitimate needs of U.S. employers and our economy while making it attractive for most prospective workers and employers to use the legal visa system rather than the “black market” of undocumented entry;
  • A larger and more robust refugee processing program for Northern Triangle refugees so most would be screened and documented outside the U.S.;
  • Cooperation with the UNHCR and other stable countries in the Western Hemisphere to distribute the flow of long-term and temporary refugees in an equitable manner that will help both the refugees and the receiving countries;
  • Working with and investing in Mexico and Northern Triangle countries to address and correct the conditions that create migration flows to the Southern Border.
  • Providing lawyers for asylum applicants who present themselves at the Southern Border so that their claims for protection  (which actually go beyond asylum and include protection under the Convention Against Torture) can be fairly, correctly, and efficiently determined in an orderly manner in accordance with Due Process.

No, it’s unlikely to happen in my lifetime. But, I hope that future generations, including the members of the “New Due Process Army,” will find themselves in a position to abandon past mistakes, and develop the smart, wise, generous, humane, realistic, and effective immigration and refugee policies that we need to keep our “nation of immigrants” viable and vitalized for centuries to come. Until then, we’re probably going to have to watch folks repeat variations of the same painful mistakes over and over.

PWS

04-19-18

NOLAN & I PRESENT CONTRASTING VIEWS ON THE SOUTHERN BORDER!

http://thehill.com/opinion/immigration/383305-border-security-weaknesses-more-serious-than-so-called-caravan

Family Pictures

Nolan writes in The Hill:

Despite political spin to the contrary, the border is not secure, and the hearing highlighted problems which are preventing DHS from securing it.

The National Immigration Forum submitted a statement claiming that U.S. border policies have been effective, but that claim was contradicted by testimony from the director of the Texas Department of Public Safety (DPS), Colonel Steven McCraw.

According to McCraw, the federal government did not respond to numerous requests from Texas Governor Greg Abbott to provide the Border Patrol with the resources it needs to secure the border, so Texas has had to provide the necessary assistance at its own expense.

Texas deployed State Troopers, Special Agents, and Texas Rangers to the border to conduct around-the-clock ground, marine, and air operations. Then, three years later, it deployed 500 State Troopers, tactical marine boats, aircraft and detection technology assets, and the Texas National Guard to the border.

But illegal crossings and smuggling continued and crime in the border region continued to rise.

. . . . .

Credible fear determinations have increased from 5,000 in 2009 to 94,000 in 2016, and due apparently to misapplication of asylum law, a credible fear was found in 88 percent of the cases.

Also, the William Wilberforce Trafficking Victims Reauthorization Protection Act (TVPRA) has been used to require placement with the Office of Refugee Resettlement instead of removal proceedings for the 200,000 unaccompanied alien children (UACs) who have come to America from Central America since 2013. But most of them are not trafficking victims.

According to the White House, most UACs fail to appear at their hearings and many who do and are found deportable do not comply with their deportation orders. Only 3.5 percent of them are removed from the U.S.

It is apparent from this testimony that the border is not secure and that the measures being taken to secure it are not likely to be effective.

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Go on over to The Hill at the link to read Nolan’s complete article.

Nolan an I agree on one important point: Jeff Session’s announcement of “Immigration Judge quotas” will not help solve the Immigration Court backlog phenomenon.

However, I wouldn’t assume as Nolan apparently does, that the Texas DPS is a better source of information than the National immigration Forum. Nor, would I make the assumption that an 88% approval rate for credible fear screening represents a “misapplication of the law.” Based on my experience with credible fear reviews in Immigration Court, that number of positive determinations seems perfectly reasonable. Moreover, on the life or death question of asylum, the system should always error on the side of giving the individual a full hearing on a protection claim rather than denying the claim with no day in court.

Now, it’s my turn.

  • According to a 2016 study by the American Immigration Council (“AIC”) using EOIR’s own data, represented children appear for their hearings about 95% of the time. https://www.justice.gov/eoir/file/852516/download
    • As this AIC report points out, most of the reasons for non-appearance relate to defects in the DHS/EOIR notice system. Moreover, even when children understand the system, they are usually dependent on the actions of others like guardians to actually appear in Immigration Court. It’s highly unlikely that many children make an intentional decision not to appear.
    • I was not assigned to the so-called “Priority Juvenile Docket.” But, I did plenty of juvenile cases during my 13-year tenure at the Arlington Immigration Court. In my experience, the overwhelming majority of juveniles appeared as scheduled. When represented, the appearance rate was close to 100% as suggested by the AIC report.
    • Of the minority who didn’t appear, most eventually had their cases reopened based on defective notice or extraordinary circumstances beyond their control.
  • According to a 2016 ABA Study, approximately 73% of represented juveniles achieved some relief in Immigration Court, as opposed to 15% of unrepresented juveniles. https://www.americanbar.org/content/dam/aba/administrative/immigration/uacstatement.authcheckdam.pdf
    • Many of those denied asylum actually had legitimate fears of harm upon return, but did not fit the overly restrictive “refugee” definition developed by the BIA with the apparent purpose of limiting Northern Triangle protection.
    • Juveniles often were able to obtain relief through means other than asylum such as Special Immigrant Juvenile (“SIJ”) status, “U” nonimmigrant status for victims of crime, “T” nonimmigrant status for trafficking victims, and Convention Against Torture (“CAT”) withholding.
  • As these reports suggest, a better approach to Southern Border arrivals would involve:
    • Insuring that counsel represents all asylum applicants.
    • Improving the quality and accuracy of hearing notices served by DHS & EOIR.
    • Expanding the asylum definition to be more generous and to conform to UNHCR interpretations.
    • Allowing all asylum applicants to have an initial non-adversarial application before the Asylum Office to take pressure off of the Immigration Courts.
    • Initiating a realistic legalization program for long-term undocumented residents of the US that would take the majority of the “non-criminal” cases off the Immigration Court docket, thus allowing the Courts to re-establish a reasonable 12-18 month completion cycle for non-detained cases.
    • Re-establishing “in country” refugee processing programs in the Northern Triangle and making them more timely and expansive so as to reduce the pressure to apply for asylum at our Southern Border.
    • Creating other forms of temporary protection for those with legitimate fears of return who fall outside the legal definitions for protection.
    • Working closely with the UNHCR, Mexico, and other Western Hemisphere countries to 1) address the conditions in the Northern Triangle driving the refugee flow, and 2) sharing the distribution of Western Hemisphere refugees equitably.
  • We know for sure from over four decades of consistent failure what DOESN’T WORK:
    • “Militarization” of the border;
    • Increased detention, criminal prosecution, and other ineffective “deterrents;”
    • Reducing or truncating rights of asylum seekers;
    • Endless “reprioritization” of Immigration Court dockets.
  • Yet, these are the very types of failed programs that the Trump Administration is mindlessly pushing.
  • Why not try something smart and humane, rather than repeating past expensive, ineffective, and inhumane mistakes over and over?

 

PWS

04-16-18

 

 

 

 

NYT: Paul Krugman Says A Not So Fond Farewell To “Speaker Paul!” — “Look, the single animating principle of everything Ryan did and proposed was to comfort the comfortable while afflicting the afflicted.”

https://www.nytimes.com/2018/04/12/opinion/paul-ryan-fascism.html?em_pos=small&emc=edit_ty_20180413&nl=opinion-today&nl_art=0&nlid=79213886emc%3Dedit_ty_20180413&ref=headline&te=1

Why did Paul Ryan choose not to run for re-election? What will be the consequences? Your guess is as good as mine — literally. I can speculate based on what I read in the papers, but so can you.

On the other hand, I do have some insight into how Ryan — who has always been an obvious con man, to anyone willing to see — came to become speaker of the House. And that’s a story that reflects badly not just on Ryan himself, not just on his party, but also on self-proclaimed centrists and the news media, who boosted his career through their malfeasance. Furthermore, the forces that brought Ryan to a position of power are the same forces that have brought America to the edge of a constitutional crisis.

About Ryan: Incredibly, I’m seeing some news reports about his exit that portray him as a serious policy wonk and fiscal hawk who, sadly, found himself unable to fulfill his mission in the Trump era. Unbelievable.

Look, the single animating principle of everything Ryan did and proposed was to comfort the comfortable while afflicting the afflicted. Can anyone name a single instance in which his supposed concern about the deficit made him willing to impose any burden on the wealthy, in which his supposed compassion made him willing to improve the lives of the poor? Remember, he voted against the Simpson-Bowles debt commission proposal not because of its real flaws, but because it would raise taxes and fail to repeal Obamacare.

And his “deficit reduction” proposals were always frauds. The revenue loss from tax cuts always exceeded any explicit spending cuts, so the pretense of fiscal responsibility came entirely from “magic asterisks”: extra revenue from closing unspecified loopholes, reduced spending from cutting unspecified programs. I called him a flimflam man back in 2010, and nothing he has done since has called that judgment into question.

So how did such an obvious con artist get a reputation for seriousness and fiscal probity? Basically, he was the beneficiary of ideological affirmative action.

Even now, in this age of Trump, there are a substantial number of opinion leaders — especially, but not only, in the news media — whose careers, whose professional brands, rest on the notion that they stand above the political fray. For such people, asserting that both sides have a point, that there are serious, honest people on both left and right, practically defines their identity.

Yet the reality of 21st-century U.S. politics is one of asymmetric polarization in many dimensions. One of these dimensions is intellectual: While there are some serious, honest conservative thinkers, they have no influence on the modern Republican Party. What’s a centrist to do?

The answer, all too often, has involved what we might call motivated gullibility. Centrists who couldn’t find real examples of serious, honest conservatives lavished praise on politicians who played that role on TV. Paul Ryan wasn’t actually very good at faking it; true fiscal experts ridiculed his “mystery meat” budgets. But never mind: The narrative required that the character Ryan played exist, so everyone pretended that he was the genuine article.

Which brings us to the role of the congressional G.O.P. and Ryan in particular in the Trump era.

Some commentators seem surprised at the way men who talked nonstop about fiscal probity under Barack Obama cheerfully supported tax cuts that will explode the deficit under Trump. They also seem shocked at the apparent indifference of Ryan and his colleagues to Trump’s corruption and contempt for the rule of law. What happened to their principles?

The answer, of course, is that the principles they claimed to have never had anything to do with their actual goals. In particular, Republicans haven’t abandoned their concerns about budget deficits, because they never cared about deficits; they only faked concern as an excuse to cut social programs.

And if you ask why Ryan never took a stand against Trumpian corruption, why he never showed any concern about Trump’s authoritarian tendencies, what ever made you think he would take such a stand? Again, if you look at Ryan’s actions, not the character he played to gullible audiences, he has never shown himself willing to sacrifice anything he wants — not one dime — on behalf of his professed principles. Why on earth would you expect him to stick his neck out to defend the rule of law?

So now Ryan is leaving. Good riddance. But hold the celebrations: If he was no better than the rest of his party, he was also no worse. It’s possible that his successor as speaker will show more backbone than he has — but only if that successor is, well, a Democrat.

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Yup. I’ve said before that Paul Ryan is a 24 carat fraud. He delivered on totally unnecessary tax cuts for the Koch Brothers and other “fat cats” that hurt the rest of America and that will cost us well into the future. He failed on Dreamer relief which should and could have been a “no brainer.” That tells you all you really need to know about this disingenuous creep!

PWS

05-14-18

DON’T BELIEVE ANY OF THE “CROCODILE TEARS” BEING SHED BY TRUMP & HIS ADMINISTRATION ABOUT THE LATEST ASSAD ATROCITY IN SYRIA – THE ADMINISTRATION’S INHUMANE POLICIES HELP KILL SYRIAN REFUGEES IN AND OUT OF CAMPS ON A REGULAR BASIS – Bombs & Bluster Will Never Replace Humanitarian Assistance & Robust Refugee Resettlement

https://www.motherjones.com/politics/2018/01/there-are-more-than-5-million-syrian-refugees-the-trump-administration-has-admitted-2-of-them/

There Are More Than 5 Million Syrian Refugees. The Trump Administration Has Admitted 2 of Them.

State Department data shows that many nations’ refugees are still effectively banned.

Women from Syria walk with their children in a refugee camp in Cyprus in September.Petros Karadjias/AP

The United Nations estimates that there are 5.5 million Syrian refugees. In the past three months, the United States has allowed two of them to enter the country—down from about 3,600 in the last three months of the Obama administration.

After kicking off his presidency by temporarily banning refugees, Donald Trump lifted the ban in late October. But at the same time, he increased scrutiny of refugees from 11 countries, requiring that they be admitted only if doing so fulfills “critical foreign policy interests.” Refugee advocates said that the language would effectively ban refugees from a group of mostly Muslim-majority nations. Data from the State Department’s Refugee Processing Center reviewed by Mother Jones confirms their prediction.

The United States has taken in 44 refugees from the targeted countries since Trump issued his executive order, compared to about 12,000 during the same period last year. The countries are Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen.

The heightened vetting of people from those countries has driven down the total number of Muslim refugees coming to the United States. About 550 Muslim refugees have been admitted to the United States since the executive order. More than 11,000 arrived during the same period last year. The share of admitted refugees who are Muslim has dropped from 48 percent at the end of the Obama administration to 11 percent in recent months.

Under Trump’s October executive order, the Department of Homeland Security (DHS) would conduct a 90-day “in-depth threat assessment of each [targeted] country.” During that period, DHS said in a memo to Trump, it would only take refugees from the 11 countries “whose admission is deemed to be in the national interest and poses no threat to the security or welfare of the United States.”

The 90-day mark passed last week. But Sean Piazza, a spokesman for the International Rescue Committee (IRC), a refugee resettlement agency, says the organization has not received any updates about the status of the temporary review now that the 90-day period has passed. It is unclear if it is still in effect, and DHS did not respond to a request for comment. DHS’ October memo stated that refugee admissions from the targeted countries are likely to “occur at a slower pace” beyond the 90-day deadline.

The Trump administration has tried to undermine support for accepting refugees by casting them as an economic burden. In September, the New York Times reported that White House officials had killed a draft report from the Department of Health and Human Services that found that refugees have increased government revenue by $63 billion over the past decade. The report that was ultimately published had a different calculus, documenting how much it costs to provide services to refugees but not how much they pay in taxes.

Overall, the United States in on track to resettle about 21,000 refugees this year, according to the IRC. That would be fewer than in any year since at least 1980—including 2002, when refugee admissions plummeted in the wake of 9/11. It is also less than half of the annual 45,000-refugee cap that the Trump administration set in September, which was the lowest cap ever. Historically, the United States has been considered a world leader in resettling refugees.

Before Trump assumed the presidency, it already took up to two years for refugees to be vetted and resettled, not including the time people spent fleeing their country for refugee camps. Henrike Dessaules, the communications director at the International Refugee Assistance Project, says the group has had clients who “were ready to travel, that had their medical checks, security checks, and interviews done.” Instead, “they have been completely stalled in the process,” she says.*

In 2016, the Obama administration placed its refugee limit at 85,000 people and used all but five of those slots. This year’s drop comes even though there were about 22.5 million refugees across the world in 2016, more than at any time since the United Nations’ refugee agency was founded in 1950.

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https://www.cnn.com/2018/02/06/middleeast/syria-refugees-lebanon-winter-intl/index.html

Syrian refugees escape the war, but die from the cold

Refugees freeze to death in Lebanon 02:48

Editor’s Note: This story contains extremely graphic images of dead and wounded people.

Bekaa Valley, Lebanon (CNN) — The rocky, plowed hillside is scattered with clues of what happened that January night. A woman’s scarf. A diaper. Empty cans of tuna fish. A plastic bag of sugar. An empty box of Turkish chocolate biscuits. A single cheap Syrian-made woman’s shoe. Several white, mud-spattered rubber gloves.
It was here, last month, that 17 Syrians froze to death in a night-time snowstorm while trying to cross the mountains into Lebanon.
Three-year-old Sarah is one of the few who survived. She now lies in a bed in the Bekaa Hospital in nearby Zahleh, two intravenous tubes taped to her small right arm. Frostbite left a large dark scab on her forehead. A thick bandage covers her right cheek. Another bandage is wound around her head to cover her frostbitten right ear.
Sarah doesn’t speak. She doesn’t make a sound. Her brown eyes dart around the room — curious, perhaps confused. Her father, Mishaan al Abed, sits by her bed, trying to distract her with his cell phone.

Sarah, 3, suffers from frostbite after smugglers abandoned her and her family as they were crossing into Lebanon.

No one has told Sarah that her mother Manal, her five-year-old sister Hiba, her grandmother, her aunt and two cousins died on the mountain.
“Sometimes she says, ‘I want to eat.’ That’s all,” Abed says. Sarah hasn’t mentioned anything about her ordeal, and he is hesitant to ask her.

An unfortunate reunion

Until now, Sarah hadn’t seen her father for two and a half years. He left Syria for Lebanon and found work as a house painter, leaving his family behind.
Mishaan al Abed sent money back to his wife and kids, who stayed outside the town of Abu Kamal, on the Syrian-Iraqi border.
ISIS controlled Abu Kamal from the summer of 2014 until last November, when it was retaken by Syrian government forces. Fighting still rages in the countryside around it, where Al Abed’s family lived.
After their house was damaged, Abed’s brother and his family, along with Abed’s wife and two children, fled to Damascus. There they paid $4,000 — a fortune for a poor family — to a Syrian lawyer who they were told had the right connections with the army, intelligence and smugglers.
The plan was for them to be driven to the border in private cars on military-only roads. From there, says Abed, they were to walk with the smugglers for half an hour into Lebanon, where they would be met by other cars.
The plan started to fall apart when snow began to fall. The smugglers abandoned the group. The family lost their way and became separated. In the dark and the cold, most of them died. It’s not clear how Sarah and a few others survived.
The only thing that is clear, says hospital director Dr. Antoine Cortas, is that “it is a miracle Sarah is still alive.”
Hidden by the darkness and the snow was a house just a few hundred steps down the mountain.

In January, a group of Syrians froze to death trying to cross into Lebanon during a snowstorm.

Abed was expecting his family to cross over, but became concerned when he didn’t hear from them. “I was told the army had arrested people trying to cross into Lebanon. I thought it must be them. Then the intelligence services sent me a picture. I identified her as my wife.”
He opens the picture on his cell phone. It shows a lifeless woman curled up on the snow amidst thorn bushes, a red woolen cap on her head.

A struggle to cross over, a struggle to remain

More than a million Syrians have taken refuge in Lebanon, straining the resources of a country with a population of around six million. The Lebanese authorities have, to some extent, turned a blind eye to those entering the country illegally. But they have refused to allow relief groups to establish proper refugee camps, unlike Jordan and Turkey, for fear they will become permanent.
What pass for camps — officially called “informal tented settlements” — are ramshackle affairs. Syrians typically pay $100 to a landowner to build drafty, uninsulated breezeblock shelters with flimsy plastic tarpaulins as roofs.
Abu Farhan, a man in his sixties from Hama, in central Syria, lives in one of those shelters in a muddy camp outside the town of Rait, just a few kilometers from the Syrian border. His wife Fatima is ill. She is huddled next to a kerosene stove under a pile of blankets. Between coughing fits, she moans loudly. Farhan has had to borrow more than two million Lebanese pounds — around $1,300 — for her medical treatment.

Denied proper refugee camps, many Syrian refugees live in informal tented settlements.

Illness is just one of the perils here. Vermin, he says, is another. “There’s everything here,” he chuckles bitterly, “even things I’ve never seen before. Rats. Mice. Everything!”
The dilemma that Syrians in Lebanon face is glaringly clear. They’re not welcome here, and it’s difficult to scrape by. According to a recent report by the Norwegian Refugee Council, 71% of Syrian refugees in Lebanon live in poverty.

Point of no return

Some Syrians have returned home, but many, like Abu Musa, a man in his forties who lives in the same settlement as Farhan, insist that returning would be nothing short of suicidal. He comes from Maarat al-Numan, in Idlib province, where Syrian forces, backed by Russian warplanes, are waging an offensive against government opponents.
“Of course, I’d like to go back to Syria!” Musa exclaims, gesturing around his damp, cold hut as if that were reason enough to return home. “But Syria isn’t safe. They’re fighting in my town. My house has been destroyed.”
And thus, Syrians continue to try to make their way to Lebanon, despite the very real risks.

Over 70% of Lebanon's 1 million Syrian refugees live in poverty

“The people who are walking across the mountains, and taking days to cross the mountains in the middle of winter, are a testament to the fact that Syria is not safe,” said Mike Bruce of the Norwegian Refugee Council.
“Until Syria is safe, until there is a lasting peace, people should not be going back to Syria.”

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With the election of the staunchly anti-American, White Nationalist, xenophobic, religiously bigoted Trump Administration, the United States forfeited any claim to moral leadership and humanitarianism on the world stage. Our anti-refugee policies also harm our allies in the region by forcing them to bear the entire responsibility for sheltering refugees.

Only the electoral removal of this truly un-American Administration and its GOP fellow travelers from power will allow us to begin the healing process. Selfishness and inhumanity are not policies — they are diseases that will consume us all if we don’t exercise our Constitutional and political rights by voting to remove the toxic leaders spreading them!

PWS

04-10-18

N. RAPPAPORT IN THE HILL: Trump Follows In Bush’s & Obama’s Footsteps By Sending National Guard To The Southern Border

http://thehill.com/opinion/immigration/382136-by-sending-national-guard-to-border-trump-follows-bush-obama

Family Pictures

Nolan writes:

. . . .

Trump isn’t the first president to use the National Guard this way. Presidents George W. Bush and Barack Obama did it when they were presidents. Their National Guard operations were successful, and Trump’s probably will be too, if his operation is similar to theirs.

Apparently, the Border Patrol feels that way too. According to Brandon Judd, president of the National Border Patrol Council, experience has shown that the military can supplement the work of agents on the ground.

We do not know yet how the troops will be used. The memorandum gives the secretary of Defense, working with DHS and the attorney general, 30 days to submit an action plan detailing what resources and actions are needed, including federal law enforcement and U.S. military resources.

. . . .

In any case, it doesn’t make sense to use the number of apprehensions as the criterion for determining how secure the border is. What about the aliens who were not apprehended? There is no way of knowing how many aliens succeeded in making an illegal entry without being detected by the Border Patrol.

Ultimately, Trump’s decision to send Border Patrol agents to the border should not be considered unusual or inhumane. Instead, it is a continuation of his existing immigration policies and even presidential precedent.

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As Nolan points out, sending the National Guard to the border is neither unusual nor unprecedented. But, that doesn’t mean it’s smart, effective, or cost efficient.

I’m aware of no hard evidence that sending the National Guard makes any long-term difference in border enforcement or security.

A number of commentators have also questioned whether the somewhat marginal short-term enforcement benefits of sending troops outweighs the substantial costs and negative perception issues. See e.g.,

https://www.dailysignal.com/2014/07/16/sending-military-border-good-idea/

https://www.militarytimes.com/news/pentagon-congress/2018/04/08/what-happened-when-bush-obama-sent-troops-to-mexico-border/

https://www.theguardian.com/us-news/2018/apr/03/trump-mexico-wall-military-guards-obama-bush-not-first-president

https://www.sciencedaily.com/releases/2016/04/160421171156.htm

I see no evidence of any real security crisis at the Southern Border. Certainly, Trump’s panic about the so-called “Caravan” (actually largely made up of desperate women and children) is totally bogus, apparently based on over-hyped reports by Fox News.

It’s obvious that having blown the chance to get funding for his Wall, Trump is looking for some way to hype a non-existent “Southern Border Crisis” to show his base that he hasn’t given up on his racist approach to immigration. He also keeps raising his bogus claims that we need to further truncate the already too limited existing rights of children and asylum seekers and expand the “New American Gulag.” What total BS

There is an ongoing humanitarian crisis in the Northern Triangle causing individuals to undertake the journey North. That’s been going on for many years, and is almost certain to continue as long as folks like Trump are in charge. It’s not like Obama or Bush helped the situation either. Indeed, the US policy toward Latin America has been screwed up during my entire lifetime and shows no signs of changing.

Nothing Trump does is going to change that. Indeed, by almost any rational measure, Trump’s enforcement bluster is likely to make the situation even worse. As a number of commentators have pointed out, if Trump actually goes through with his stated wish to expel Hondurans and Salvadorans currently here in TPS status, that would almost certainly further destablilize both countries, further strengthen the hands of gangs, and guarantee an even larger northward flow.

PWS

04-09-18

 

 

 

JULIE HIRSHFIELD DAVIS IN THE NYT: TRUMP’S BOGUS ORDER ON SO-CALLED “CATCH & RELEASE” DOESN’T ACTUALLY DO MUCH BUT COULD BE PRELUDE TO ALL OUT ASSAULT BY OUR ROGUE, SCOFFLAW ADMINISTRATION ON CONSTITUTION AND LAWS LIMITING CIVIL DETENTION & GRANTING A FAIR RIGHT TO APPLY FOR ASYLUM!

https://www.nytimes.com/2018/04/06/us/politics/trump-immigration-policy.html?smprod=nytcore-ipad&smid=nytcore-ipad-share

Julie Hirshfield Davis reports for the NY Times:

President Trump issued a memorandum on Friday directing his administration to move quickly to bring an end to “catch and release,” the practice by which immigrants presenting themselves at the border without authorization are released from detention while waiting for their cases to be processed.

The directive does not, on its own, toughen immigration policy or take concrete steps to do so; it merely directs officials to report to the president about steps they are taking to “expeditiously end ‘catch and release’ practices.” But it is a symbolic move by Mr. Trump to use his executive action to solve a problem that he has bitterly complained Congress will not.

It also caps a week that began with the president offering tough talk on immigration and ended with his ordering the National Guard to patrol the southwestern border, a move formalized on Friday night when Defense Secretary Jim Mattis signed orders to deploy up to 4,000 troops.

“The safety and security of the American people is the president’s highest priority, and he will keep his promise to protect our country and to ensure that our laws are respected,” Sarah Huckabee Sanders, the White House press secretary, said in a statement announcing the memorandum.

“At the same time, the president continues to call on congressional Democrats to cease their staunch opposition to border security and to stop blocking measures that are vital to the safety and security of the United States,” she added.

The memo appears intended to prod the administration to move more rapidly in cracking down on unauthorized immigrants at the border, a goal laid out in an executive order Mr. Trump issued last year during his first week in office.

The latest directive instructs the Departments of Homeland Security, Defense, Justice and Health and Human Services to report to the president within 45 days on their efforts to ensure that those immigrants are detained, including steps taken to allocate money to build detention facilities near the borders. The agencies must also detail efforts to ensure unauthorized entrants do not “exploit” parole and asylum laws to stay in the United States, including evaluating how they determine whether migrants have “credible fear” of returning to their country of origin — the legal bar that people claiming asylum must meet to avoid prompt removal.

The memo also orders a list of existing facilities, including military sites, that could be used to detain those violating immigration law, and detailed statistics on credible claims of fear and how they have been processed since 2009.

The directive gives officials 75 days to report to Mr. Trump on additional resources or authorities they need to end catch-and-release practices. And within 60 days, it asks the secretaries of state and homeland security to submit a report on actions they are taking against countries that “refuse to expeditiously accept the repatriation of their nationals,” including whether the United States has punished them by refusing to grant visas to their citizens — and if not, why not.

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The Trump Administration already stands credibly accused in at least one pending court case of violating its legal duty to consider asylum claims by individuals who apply at ports of entry on the Southern Border. Obviously, such legal violations by our Government promote illegal entry as the only way to vindicate statutory rights. Trump’s outrageous creation of a “false crisis” at the Southern Border should prompt the Article III Federal Courts to enjoin the Administration to comply with the asylum law.

Moreover, further attempts to manipulate the “credible fear” criteria against asylum seekers should also lead to Federal Court review and action against the Administration if, as appears likely, it uses biased criteria to deny the legal right  of individuals in the U.S. or at the border to apply for asylum.

Moreover, asylum applicants who are “in the United States” whether legally or illegally and are in Removal Proceedings are entitled to an individualized bond consideration (unless they are serious criminals or security risks — the overwhelming number of asylum applicants are neither). Attempts to manipulate bond criteria (which have been undertaken to some extent by the last three Administrations) have almost uniformly been rejected by the Article III Federal Courts.

Therefore, the Administration’s legal options might be limited. However, the Administration arguably might have authority under current law to detain asylum applicants who arrive at ports of entry without providing any rational reasons for doing so. That’s likely to be a hotly contested issue in litigation.

Meanwhile, it’s critically important for those of us who support American values and see through the charade being put on by the Trump Administration to elect only U.S. Senators and Representatives who will “Just Say No” to the Administration’s bogus requests for: 1) more unneeded DHS enforcement personnel; and 2) more unneeded detention space in the “New American Gulag” being created by Trump and his White Nationalist reactionaries.

Harm to the most vulnerable is harm to all of us! Join the New Due Process Army and resist the Trump Administration’s contrived assault on America! Due Process Forever! Trump & Sessions Never!

PWS

04-07-18

BEYOND TRUMP’S LIES & RACISM, THERE’S REAL HUMAN TRAGEDY IN HIS MISTREATMENT OF CENTRAL AMERICAN REFUGEES — America’s Election Of Known Unethical Leader Will Haunt Us For Generations To Come!

https://flipboard.com/@flipboard/-most-people-in-the-caravan-are-from-hon/f-808a52c6f5%2Fbuzzfeed.com

Karla Zabludovsky reports for BuzzFeed News:

MEXICO CITY — Two out of three people making their way through Mexico as part of a “caravan” that drew President Donald J. Trump’s ire this week have fled Honduras — part of a recent trend that has seen growing numbers of people escape the country’s exorbitant homicide rates, crippling corruption, increasing political persecution, and a floundering economy.

That is a sharp, recent rise — the number of Hondurans apprehended by US Customs and Border Control increased by 66% from Dec. 2017 to March, according to the Washington Office on Latin America, a human rights group. In February, Mexican authorities detained and deported 4,128 Hondurans, up from 2,780 the previous month. It was the highest number since November 2016.

This exodus comes at a time of extraordinary tensions even for Honduras, a country still reeling from the effects of a coup d’état in 2009. A highly contested presidential election in November drew thousands of demonstrators to the streets, where at least 22 protesters and bystanders were killed, most of them by security forces.

“Honduras is a pressure cooker in every single aspect,” said Bertha Oliva, director of the Committee for Families of the Disappeared and Detainees in Honduras. “We are seeing an unprecedented violation of human rights.”

Repression by the state has continued even months after the election, analysts say. According to Annie Bird, director of the Guatemala Human Rights Commission, government forces have been intimidating protest leaders — people have reported receiving threatening phone calls and being followed by unmarked cars.

Some in the caravan brought their politics with them, shouting slogans against Honduran President Juan Orlando Hernández, who narrowly won a second term last year and is often referred to by his initials, JOH. He has received support from former Secretary of State Hillary Clinton, former President Barack Obama, and Trump, but Hernández’s popularity at home is suffering: Many in the caravan yelled “Out with JOH!” as they set off.

The large number of Hondurans caught Trump’s attention.

“The big Caravan of People from Honduras, now coming across Mexico and heading to our “Weak Laws” Border, had better be stopped before it gets there,” Trump tweeted on Tuesday. In subsequent tweets, Trump renewed calls for his border wall and tougher immigration laws, warning about a “massive inflow of drugs and people” across the border.

Victoria Razo / AFP / Getty Images
A man holds a Honduran national flag as Central Americans -taking part in a caravan called “Migrant Viacrucis”- rest in Matias Romero, Oaxaca state, Mexico on April 2, 2018.

Conditions in Honduras were dire even before the election, with 43.6 murders per 100,000 inhabitants, 55% of the workforce underemployed, extortions to small businesses reportedly on the rise, and endemic corruption.

The Central American nation has one of the highest homicide rates in the world and was called the most dangerous country for environmental activists last year. The government’s efforts to clean up the police force were dealt a severe blow earlier this year, after the Associated Press revealed that the head of the national police had helped a cartel leader deliver nearly a ton of cocaine in 2013. And corruption is widespread: the former first lady was arrested in connection to a graft case in February.

Even the anti-corruption mission backed by the Organization of American States, known for its Spanish initials as Maccih, is languishing without a director after Juan Jiménez Mayor resigned in February, citing a lack of support by the head of the OAS.

In the meantime, Hernández has quietly cemented his power, taking control of most of the country’s institutions, including the Supreme Court, which in 2015 struck down a law forbidding presidents from seeking a second term. His administration continues to receive a portion of the $644 million appropriated by the US Congress to assist Central American governments.

Orlando Sierra / AFP / Getty Images
Left, thousands of supporters of the presidential candidate Salvador Nasralla, hold a demonstration in Tegucigalpa on Dec. 3, 2017. Right, riot police officers and army soldiers, use tear gas and a water cannon to disperse supporters of opposition candidate Salvador Nasralla during protests in Tegucigalpa, on Dec. 18, 2017.

Hondurans went to the polls on November 26 in a tense and highly polarized environment. Already distrustful, many voters were incensed after the Honduran electoral commission mysteriously stopped releasing results for 36 hours just as the opposition candidate, Salvador Nasralla, took a 5 point lead over Hernández. When it resumed, Hernández quickly overtook Nasralla.

Violent protests ensued, with people defying a 10-day curfew declared by the government, which deployed the military and police to the streets. According to the United Nations High Commissioner for Human Rights in Honduras, at least 23 people were killed and at least 60 were injured during the following weeks.

Two days after the election, the State Department certified that the Honduran government had been combating corruption and supporting human rights, a requirement for the US to continue sending it millions of dollars worth of aid.

But a report by the United Nations’ office said that the use of live bullets by security forces “raise serious concerns about the use of excessive lethal force and may amount to extra-judicial killings.”

“The level of desperation has risen since the election,” said Dana Frank, professor of history at the University of California, Santa Cruz. “All signs indicate that the situation is only going to worsen politically, economically, on the human rights front.”

It is unclear whether the post-electoral crisis will push more Hondurans than usual to emigrate this spring, when migrants usually undertake the trek. But despite a clampdown on immigration, Honduran migrants’ are increasingly looking to settle in Mexico, rather than continue on to the US. Last year, 4,272 Hondurans requested asylum in Mexico, up from 1,560 in 2015.

In July, about 86,000 Hondurans living in the US could be forced to leave if their Temporary Protected Status is not renewed. (In January, the Trump administration announced it was ending the program for 200,000 Salvadorans in the country.)

Honduras would struggle to absorb the return of thousands of people and the economy would suffer from the decrease in remittances likely to follow — possibly pushing another wave of Honduras toward the US.

“I call it a self-inflicted wound,” said Eric Olson, deputy director of the Latin America program at the Woodrow Wilson International Center for Scholars in Washington.

“You could create further instability, which leads to further migration.”

We can diminish ourselves as a nation, but that won’t stop human migration.
PWS
04-06-18

TAL @ CNN TAKES YOU INSIDE THE “BORDER NUMBERS” – Not Surprisingly, Trump & Fellow Restrictionist Idiots Declared Premature “Border Victory” Last Year – Most Real Experts Said That Border Numbers Are Cyclical & Can’t Be Controlled From This End – Now That The Experts Have Been Proved Right, Trump & His DHS Sycophants Have Panicked, Dumping On Women & Children To Hide Their Own Incompetence – But, They Still Ignore The REAL Causes Of Migration!

http://www.cnn.com/2018/04/04/politics/border-crossings-spike-trump-effect/index.html

Attempted border crossings surged in March

By: Tal Kopan, CNN

The number of migrants trying to illegally cross into the US at the Mexico border spiked dramatically in March, according to numbers released Wednesday as President Donald Trump announced he was sending National Guard troops to the southern border.

It will take a few months to determine if the spike turns into a full-blown surge similar to a migrant crisis that occurred in 2014, but the increase marked a turn for the administration, which a year ago was touting historically low numbers as the “Trump effect” and is now using the statistics as the reason it needs aggressive new immigration enforcement authorities.

The number of people either caught trying to cross the southern border or rejected for admission increased 37% from February into March, a sudden rise in figures that had been holding relatively steady. The increase was driven especially by a jump in the number of people apprehended trying to cross illegally. The number of families and unaccompanied children trying to come into the US increased at a higher rate than the general population.

Last month’s numbers were three times those of March 2017, when crossings were at their lowest in two decades of records.

That year also defied the usual trend in March, when crossings historically increase as weather improves. In 2013 and 2014, a summer surge of migrants, and especially child migrants, caused a crisis of overcrowding at detention centers and humanitarian concerns. The March uptick lagged those years by several thousand, and numbers in April and May will be key to determining whether the increase marks a trend or a one-off development.

A senior administration official had told reporters on a call Wednesday announcing Trump’s move to send National Guard troops to the border that the numbers were up substantially, using them as a data point in what the President called a “crisis” at the southern border in his memo authorizing troops to be deployed. The monthly numbers were released that evening, slightly ahead of schedule.

Standing at the White House podium Wednesday afternoon, Homeland Security Secretary Kirstjen Nielsen noted the historic drop in border crossings that happened in the first few months when Trump took office, calling it the “Trump effect” and touting the work the administration had done on immigration since.

But the numbers by fall had caught up with levels in the last several years under the Obama administration, and Nielsen cited the same statistics Wednesday that the department once cited as proof of its success as the reason more steps were necessary.

“When the President took office, the traffickers, smugglers, TCOs and the illegal aliens that serve as their currency paused to see what our border enforcement efforts would look like and if we could follow through on the deportation and removal,” Nielsen said. “While we have been apprehending aliens at the border with historic efficiency, these illicit smuggling groups saw that our ability to actually remove those who come here illegally did not keep pace. They saw that there were loopholes they could exploit.”

Illegal migration is driven by a number of elements, including what are known as push and pull factors. The administration has been aggressively targeting what it says are pull factors: perceptions that they argue attract immigrants to the US because they believe they will be able to stay. It has discussed the push factors less often, however: the violent and impoverished conditions in Central America that send migrants north out of desperation.

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Get the full story from the ever-amazing Tal at the above link.

Having stupidly turned down the obvious “Dreamers for Wall” deal that almost anyone else could and would have cut, Trump is desperate to show his base at least some “progress” (or more accurately “regress’)  on the border.

The facts are: 1) there’s no border crisis; 2) the only immigration crisis is that Trump, Sessions and the GOP restrictionists keep perpetuating failed immigration policies; 3) we’re effectively at full employment; 4) the current so-called “undocumented” population is overwhelmingly law-abiding; 5) immigration, both legal and undocumented, has been an essential driving force behold America’s continuing economic success; 6) the border is as well controlled as it ever has been or likely ever will be; 7)  DHS Enforcement is so grossly overstaffed and the so-called “criminal alien” population is so small that ICE and CBP agents have little legitimate law enforcement work to do and consequently have turned to “busting” gardeners, maids, roofers, nannies, students, kids, and a wide range of other counterproductive activities to justify their continued existence.

We don’t need more immigration enforcement. What we do need is smarter immigration enforcement. But with biased xenophobes like Trump, Sessions, Miller, Nielsen, and Homan running the show we’re not going to get that without some much-needed “regime change.”

Wake up America! Harm to the most vulnerable among us is harm to all! We can diminish ourselves as a nation, but that won’t stop human migration!

PWS

04-05-18