GO FIGURE: BKavs Stands Up For Rights Of African-Americans, While Clarence Thomas Presents Incoherent & Disingenuous Defense Of Jim Crow!

https://slate.com/news-and-politics/2019/06/brett-kavanaugh-clarence-thomas-racist-juries-mississippi.html

Mark Joseph Stern reports for Slate:

Much of the Supreme Court’s 7–2 decision in Flowers v. Mississippi on Friday reads like a nightmare. The facts are straight out of the Jim Crow South: A white Mississippi prosecutor, Doug Evans, prosecuted a black man, Curtis Flowers, for the exact same crime six times in search of a capital conviction that might stick. In the process, Evans struck 41 of 42 black prospective jurors, an obvious attempt to secure an all-white jury. Several convictions were overturned due to flagrant prosecutorial misconduct. At Flowers’ sixth trial, however, Evans finally got a death sentence upheld by the Mississippi Supreme Court. Can that punishment possibly comport with the Constitution’s command of equal protection?

In a decision written by Justice Brett Kavanaugh, the U.S. Supreme Court said no, reversing Flowers’ conviction in light of obvious racial bias. To Kavanaugh’s credit, his opinion confronts Evans’ racism head-on and bolsters constitutional safeguards against prosecutorial attempts to purge minorities from juries. Meanwhile, Justice Clarence Thomas penned a scorching dissent, joined in part by Justice Neil Gorsuch, savaging the majority for trying to “boost its self-esteem” while “needlessly prolong[ing] the suffering of four victims’ families.” Thomas, in fact, is eager to overturn decades of precedent limiting prosecutors’ ability to exclude minority jurors on the basis of their race.

The facts of Flowers are simply appalling. In 1996, someone murdered four people at Tardy Furniture in Winona, Mississippi; Evans, the district attorney, decided Flowers was the killer. The evidence against Flowers was astonishingly meager: It rested largely on eyewitness testimonies, provided weeks and months after the crime, that often provided conflicting details. No eyewitnesses came forward until the state offered a $30,000 reward, and several later reported being coerced by prosecutors into implicating Flowers. Investigators never found DNA evidence or fingerprints tying Flowers to the murder. Instead, they identified a single particle of gunshot residue on Flowers’ hand—which, they acknowledged, could have come from the police car that took him to the station, or from the fireworks he set off the day before.

Throughout the six trials, three “jailhouse snitches” testified that Flowers confessed to them; each later recanted, admitting that they had lied. One conceded that he fabricated the confession to receive a sentence reduction. The victims were executed with chilling efficiency, several execution-style, yet Flowers had no criminal history; he did not even own a gun. His cousin, Doyle Simpson, owned the gun allegedly used in the killings. Multiple eyewitnesses saw a man who looked like Simpson outside Tardy Furniture on the morning of the crime. Their evidence was not contradictory or coerced.

Nonetheless, Evans relentlessly targeted Flowers, engaging in a quest to remove black Mississippians from the jury each time. He did so using peremptory strikes, which allow trial attorneys to strike prospective jurors without providing a reason. In 1986’s Batson v. Kentucky, the Supreme Court attempted to come up with a tool to combat racist peremptory strikes: If a defendant challenged a strike on racial grounds, prosecutors had to provide a “neutral explanation” for their decision. The court explained that the Constitution “forbids the States to strike black [jurors] on the assumption that they will be biased in a particular case simply because the defendant is black.” Otherwise, the “core guarantee of equal protection … would be meaningless.”

Nonetheless, at Flowers’ first trial, Evans used peremptory strikes to remove every potential black juror, obtaining an all-white jury that sentenced Flowers to death. The Mississippi Supreme Court reversed because the prosecution acted “in bad faith” by baselessly disputing the credibility of a defense witness and mentioning facts not in evidence. Next time around, Evans once again used his peremptory strikes to remove all black jurors, but this time the trial judge objected and seated one black juror. The jury convicted Flowers, but its verdict was reversed again for essentially the same reasons.

Third time up: Prosecutors used all their peremptory strikes to remove black prospective jurors. Only one black juror was seated. The jury sentenced Flowers to death, but the Mississippi Supreme Court reversed, finding a Batson violation. At the fourth and fifth trials, prosecutors ran out of peremptory challenges and had to settle for juries with multiple blacks. Both times, the jury failed to reach a verdict, resulting in mistrials. Finally, at Flowers’ sixth trial, prosecutors used five out of six peremptory strikes on black potential jurors. A jury of 11 whites and one black sentenced Flowers to death. He argued another Batson violation, but the Mississippi Supreme Court upheld his sentence, so he appealed to SCOTUS.

Technically, only the peremptory strikes at Flowers’ sixth trial are at issue in this case. But Kavanaugh recounted the history of Evans’ racist machinations and clarified that this “historical evidence” matters. Across Flowers’ many trials, he wrote:

[T]he State employed its peremptory strikes to remove as many black prospective jurors as possible. The State appeared to proceed as if Batson had never been decided. The State’s relentless, determined effort to rid the jury of black individuals strongly suggests that the State wanted to try Flowers before a jury with as few black jurors as possible, and ideally before an all-white jury.

“We cannot ignore that history,” the justice concluded, when assessing Evans’ removal of blacks from the jury at Flowers’ most recent trial. “We cannot take that history out of the case.”

Kavanaugh also pointed to “dramatically disparate questioning of black and white prospective jurors in the jury selection process for Flowers’ sixth trial.” Prosecutors “asked the five black prospective jurors who were struck a total of 145 questions.” Yet they asked “the 11 seated white jurors a total of 12 questions.” Put differently, each prospective black juror was grilled with an average of 29 questions; each seated white juror was asked an average of one.

Why? By “asking a lot of questions of the black prospective jurors,” Kavanaugh wrote, “a prosecutor can try to find some pretextual reason—any reason—that the prosecutor can later articulate to justify what is in reality a racially motivated strike.” But a court “confronting that kind of pattern cannot ignore it.” This “lopsidedness” can demonstrate that the prosecutor was attempting to “disguise a discriminatory intent.”

Assessing all this damning evidence, Kavanaugh found that prosecutors struck at least one potential black juror from Flowers’ sixth trial on the basis of race. He tossed out the death sentence and sent the case back down to Mississippi for a new trial. Evans still serves as district attorney and could handle Flowers’ seventh trial—even though SCOTUS has now made clear that his conduct in this case has been permanently tainted by racism.

In dissent, Thomas accused the majority of taking Flowers’ case because it wanted to “scorn” Mississippi state courts, or perhaps “because the case has received a fair amount of media attention.” (The media, he warned, often prefers “to titillate rather than to educate and inform.”) Thomas dismissed Kavanaugh’s opinion as “manifestly incorrect,” insisting that Evans had perfectly good reasons to strike five black prospective jurors from the sixth trial. And he wrote that the majority “builds its decision around the narrative that this case has a long history of race discrimination. This narrative might make for an entertaining melodrama, but it has no basis in the record.” (It does; Thomas just rewrites the record to excuse every single instance of Evans’ egregious racial bias.)

Gorsuch joined those portions of the dissent, but declined to sign onto its most radical assertion: that Batson itself should be overruled. Black defendants tried by all-white jurors created by racist prosecutors, Thomas wrote, suffer “no legally cognizable injury.” The accused suffer no equal protection violation when they are tried by a jury selected on the basis of race. Moreover, prosecutors should be permitted to make “generalizations” about black jurors, because “race matters in the courtroom.” Thomas ended his screed by berating the court for “needlessly prolong[ing] the suffering of four victims’ families” in an effort to “boost its self-esteem,” and declared: “If the Court’s opinion today has a redeeming quality, it is this: The State is perfectly free to convict Curtis Flowers again.”

It’s an encouraging sign that Kavanaugh just ignored Thomas’ dissent, as it is really too wacky, too hostile, and aggrieved to merit a response. Rather, with a majority of the court behind him, Kavanaugh made the case that courts can identify discriminatory intent without a smoking gun of overt racism. Evans never used racial epithets in the courtroom or stated his desire for a white jury; his actions alone told the court everything it needed to know about his motivations. This Supreme Court may not always confront unconstitutional prejudice with such clear-eyed pragmatism, but it’s worth celebrating a decision that enforces constitutional limits on racist prosecutions.

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I admit to not being a big BKavs fan. But, I appreciate his strong and courageous leadership on this case.

PWS

06-23-19

FOUR TODDLERS RESCUED BY PRO BONO LAWYERS FROM DEADLY SITUATION IN CBP CUSTODY — Putrid, Unsanitary, Repressive Conditions Causing Lifetime Harm To Other Traumatized Kids — But, Border Patrol Chief Carla Provost Wants You To Know That She’s Not Taking Responsibility For The Humanitarian Disaster Intentionally Engineered On Her Watch!

https://www.huffpost.com/entry/four-severely-ill-migrant-babies-hospitalized-after-lawyers-visited-border-patrol-facility_n_5d0d3bbce4b07ae90d9cfe4f

Angelina Chapin reports for HuffPost:

Four toddlers were so severely ill and neglected at a U.S. Border Patrol facility in McAllen, Texas, that lawyers forced the government to hospitalize them last week.

The children, all under age 3 with teenage mothers or guardians, were feverish, coughing, vomiting and had diarrhea, immigration attorneys told HuffPost on Friday. Some of the toddlers and infants were refusing to eat or drink. One 2-year-old’s eyes were rolled back in her head, and she was “completely unresponsive” and limp, according to Toby Gialluca, a Florida-based attorney.

She described seeing terror in the children’s eyes.

“It’s just a cold, fearful look that you should never see in a child of that age,” Gialluca said. “You look at them and you think, ‘What have you seen?’”

Another mother at the same facility had a premature baby, who was “listless” and wrapped in a dirty towel, as HuffPost previously reported.

The lawyers feared that if they had not shown up at the facility, the sick kids would have received zero medical attention and potentially died. The Trump administration has come under fire for its treatment ― and its alleged neglect ― of migrants who have been crossing the southern border in record numbers. The result is overcrowded facilities, slow medical care and in some instances, deaths.

Immigration authorities say they’re overwhelmed; activists say they’re not trying hard enough.

“It’s intentional disregard for the well-being of children,” Gialluca said. “The guards continue to dehumanize these people and treat them worse than we would treat animals.”

U.S. Customs and Border Protection declined to respond to HuffPost’s request for comment.

The Associated Press reported this week that children in border facilities don’t have adequate access to food, water, soap or showers. On Tuesday, a Justice Department attorney argued in court that the government should not have to provide detained children with soap, toothbrushes or beds.

The AP report is based on interviews a group of lawyers conducted with hundreds of children in three Texas-based Border Patrol stations last week as part of the Flores settlement ― an agreement that outlines conditions for detained children. The lawyers say children are also being held in these facilities for longer than the 72-hour limit the settlement specifies, and in some cases up to three weeks.

Lawyers are particularly concerned about the spread of illness inside Border Patrol facilities, which can sometimes turn fatal. Five children have died in Border Patrol custody since December, some of whom were initially diagnosed with a common cold or the flu. The processing center in McAllen, known as Ursula, recently quarantined three dozen migrants who were sick after a 16-year-old died of the flu at the same facility.

Children and their parents told lawyers that in some cases they didn’t have any access to medical treatment in Border Patrol facilities despite being visibly ill. Gialluca spoke with one 16-year-old mother whose toddler had the flu, but was told by a guard the child “wasn’t sick enough to see a doctor.” She said others also reported being denied medical attention despite having critically sick babies.

Medical experts say that because children have less developed immune and respiratory systems, their symptoms can escalate quickly if they aren’t properly treated.

Dr. Julie Linton, the co-chair of the American Academy of Pediatrics, previously told HuffPost that children can’t recover from illnesses in Border Patrol facilities. These centers are described as “hieleras” ― Spanish for iceboxes ― because of their freezing temperatures, and migrants describe sleeping on floors under bright lights that shine 24/7, with nothing but Mylar blankets to keep warm.

Gialluca met one 16-year-old mother whose 8-month-old baby was sick with the flu and forced to sleep outside for four days at the McAllen Border Patrol station. The mother said the guards took the clothing off the baby’s back, leaving her in a diaper, and forced them to sleep on concrete without a blanket.

A sick 2-year-old girl was shivering in a T-shirt and had shallow breathing, according to Mike Fassio, a Seattle-based immigration attorney who visited Ursula.

“I was very, very concerned,” he said, adding lawyers spoke with immigrants in a room outside of the facility. “When she left us, I knew she was going back to a place that was cold, crowded and unsanitary.” Fassio noted that guards referred to the children as “bodies.”

Some children were so exhausted they fell asleep during the interviews, said Clara Long, a senior researcher at Human Rights Watch who spoke with kids at a facility in Clint, Texas. Long met a 3-year-old boy who was dirty with matted hair and was being taken care of by his 11-year-old brother. She said that more than 10 sick children were being quarantined in cells.

While the group of roughly eight lawyers and interpreters at Ursula were supposed to be interviewing children about conditions in the facilities, they also ended up asking guards and government officials to bring kids to the hospital because they were so worried about their state. Gialluca added that she and her colleagues interviewed only a small portion of migrants in the facility, which is the largest processing center in the U.S. and can hold up to 1,000 people. She believes the number of migrants in need of hospitalization is likely much higher.

Government officials have blamed horrific conditions at detention facilities on the fact that Congress has not yet passed an emergency funding package that would include almost $3 billion to help care for unaccompanied migrant children. But Gialluca says border officials shouldn’t need more resources to treat immigrants like human beings.

“Money isn’t keeping guards from allowing people to access toilets,” she said. “Money isn’t causing guards to take clothing and medicine away from children.”

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Here’s Another report from Nicole Goodkind at Newsweek on the “malicious incompetence” and intentional misallocation of resources by Trump and his DHS sycophants that is willfully endangering kids’ lives as part of a cheap White Nationalist political stunt:

8-YEAR-OLD MIGRANTS BEING FORCED TO CARE FOR TODDLERS IN DETENTION CAMPS

A team of lawyers conducted 60 interviews with migrant children being held in an El Paso, Texas, detention camp and found conditions to be dismal.

Fifteen of those in the holding center had the flu and 10 more are quarantined with illness, according to the lawyers, who first gave the data to the Associated Press. Three infants are being detained alongside their teenage mothers, and many children are under the age of 12.

“A Border Patrol agent came in our room with a 2-year-old boy and asked us, ‘Who wants to take care of this little boy?’ Another girl said she would take care of him, but she lost interest after a few hours and so I started taking care of him yesterday,” one teenaged girl told the lawyers in an interview. The boy was not wearing a diaper and his shirt was covered in mucus, she said.

Law professor Warren Binford, who aided in the interviews, said she witnessed an 8-year-old girl caring for a 4-year-old child who was very dirty, the girl was unable to get the boy to take a shower. She also described the children she interviewed as sleep-deprived, often falling asleep while speaking with her.

“In my 22 years of doing visits with children in detention, I have never heard of this level of inhumanity,” said Holly Cooper, co-director of the University of California, Davis’ Immigration Law Clinic, to the AP.

The lawyers were inspecting the facility as part of the Flores agreement, which resulted from a landmark 1985 case that established that facilities where minor migrants are held must be kept “safe and sanitary.”

A representative of the Trump administration, the Justice Department’s Sarah Fabian, argued Tuesday that safe and sanitary conditions don’t necessarily have to include toothbrushes, soap or towels for children.

Nicole Goodkind is a political reporter at Newsweek. You can reach her on Twitter @NicoleGoodkind or by email, N.Goodkind@newsweek.com.

TRUMP ADMINISTRATION PLANS MAJOR ICE RAIDS FOR SUNDAY

U.S. immigration authorities plan to raid Miami, Houston, Chicago and Los Angeles and other cities. They intend to arrest up to 2,000 families, three U.S. officials with knowledge of the plans told The Washington Post. The orders reportedly come directly from President Donald Trump.

On Monday, the president tweeted: “Next week ICE will begin the process of removing the millions of illegal aliens who have illicitly found their way into the United States. They will be removed as fast as they come in.”

Officials told The Washington Post that the Department of Homeland Security agency plans to hold families in hotel rooms until they are deported. Acting DHS Secretary Kevin McAleenan is allegedly targeting families that have completely dropped out of the court process, but has warned that the operation could lead to further cases of families being separated.

Los Angeles Police Department Chief Michel Moore confirmed the raids on Friday, saying that about 140 families in southern California will be targeted in pre-dawn raids early next week. The chief also made clear that the raids are done on a federal level and that the police department will not be involved.

On Thursday, Carla Provost, chief of the United States Border Patrol argued that the Department of Homeland Security was not receiving enough money to properly care for migrants on the southern border, and that was leading to terrible conditions in detention centers. On Wednesday, the Senate Appropriations Committee agreed to $4.6 billion in emergency funds for what the Trump administration has referred to as a “border crisis.”

Texas Congressman Joaquin Castro questioned how the agency could afford mass raids while asking for more money Friday. “The Trump Administration says it needs more money (supplemental bill) for the situation at the border yet they may be starting massive immigration raids next week. So how do you have the money for that if you’re running out of money ICE?” he tweeted.

“These potential raids are a disgusting political ploy to stoke fear and rile up Trump’s base for 2020,” wrote Sandra Cordero, Director of Families Belong Together, an immigration advocacy group, in a statement. “Past raids have left children alone and afraid in empty homes, praying they won’t be left to care for younger siblings by themselves, with no idea if they’ll see their parents again. This is yet another flagrant disregard for the welfare of children on behalf of a cruel administration bent on fomenting fear and creating chaos.”

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Come on, Carla, cut the BS and butt covering. The “mix” of arrivals at the Southern Border began to shift to refugee families from the Northern Triangle back in the summer of 2014. So, CBP and DHS have had five years to prepare for this “change” which is actually “old news.”

More “old news” is the increased flow of asylum seekers with kids which began back before Thanksgiving. Plenty of time for CBP and DHS to bring back retired asylum officers and adjudicators and reassign other adjudicative personnel to the border to insure prompt, orderly, safe, and efficient processing of asylum applicants at ports of entry, thus eliminating the incentive (or necessity) for folks to turn themselves in after crossing the border between ports.

Also, plenty of time to work with NGOs, pro bono groups, states, and communities to insure representation and proper placement of family groups in various locations throughout the country without panic or “dumping.”

Another bogus claim spread by Trump, Provost, and the rest of the sycophants: that the prevalence of kids among new asylum arrivals is somehow totally a response to the Flores settlement (which actually has been in effect for decades).

Undoubtedly, with the Trump Administration’s active assistance, unscrupulous smugglers and coyotes are encouraging some folks to bring children as the only way to have a shot at fair processing under the tilted U.S. asylum system promoted by Trump. Indeed, as I have observed before, the Trump Administrations has consistently been a “best friend” to gangs, smugglers, traffickers, cartels, and druggies seeking to “jack up” profits by further exploiting the human misery caused by the Trump Administration’s “maliciously incompetent “ approach to immigration, effective law enforcement, and humanity generally. https://apple.news/AFQw_eqcHSZCYxUznmP0wpQ

Undoubtedly, some of these unscrupulous individuals are telling families to travel with kids. But, the truth is that according to the UNHCR, over one-half of today’s refugees are children. https://www.unhcr.org/children-49c3646c1e8.html.

So, the prevalence of children among new arrivals should properly been seen as part of a sad worldwide trend that Trump and his cronies disgustingly have done everything possible to encourage, exploit, and aggravate. It most certainly is not primarily caused by the Flores settlement or by giving soap, toothbrushes, blankets, or medical care to children being abused in the “DHS Gulag” administered in part by disingenuous folks like Provost.

Any honest observer of what’s going on knows that the majority of the asylum applications that passed credible fear probably could have been granted (or given protection under the Convention Against Torture — “CAT”) by the Asylum Office without even going to Immigration Court under the proper generous interpretation of our asylum laws, an honest interpretation of CAT that reflects the true conditions in the Northern Triangle, and a very “doable” change in procedures.

Only dishonest fools in the Trump Administration (and a few from the Obama Administration) would maintain that gender isn’t a social group subject to widespread persecution in the Northern Triangle, deny that gangs have assumed the role of quasi-governmental entities thus making most of the harm they inflict on resisters “political persecution,” and make the beyond ludicrous claim that the corrupt failed states of the Northern Triangle have either the ability or much real interest in protecting those subject to persecution.

And, Carla, why aren’t you out there today registering a public protest of the waste of time and funds in ICE going after families with ridiculously inappropriate “raids” when every resource could and should be focused instead on providing humanitarian assistance to asylum seekers arriving at the Southern Border?

This racist-inspired “Sunday Morning Reign of Terror” directed at U.S. ethnic communities is specifically designed to return helpless families to the very dangerous countries from which they originally fled! Thus, Trump and his phony DHS are intentionally feeding “fresh meat” to gangs and cartels and insuring that the cycle of northward migration, no matter how dangerous, will continue until everyone who needs to leave its either gone or dead (the latter apparently the “solution” favored by Provost, Trump, Morgan, McAleenan, Miller, and others).

Provost, McAleenan, Morgan, and their co-conspirators are all participants in a cynical scheme to intentionally “crash” the asylum system, rather than competently administering it. They are intentionally endangering the lives of children and other vulnerable asylum seekers, many entitled to legal protections, to promote, along with GOP restrictionists, totally bogus, dishonest, and completely unnecessary and unwarranted restrictions of the precious, life-saving right of refugees to seek asylum in the U.S.

It’s an unbelievably dishonest and cowardly scheme, and a complete breach of both oaths of office and public trust. It might be that those who long ago abandoned American values will lap up this insult to human values and human dignity.

But, there are plenty of us out here who know and understand exactly what you are doing. We will not only resist it, but will be historical witnesses to your cruel, inhuman, and unlawful schemes and gimmicks to “abuse and kill the innocent.” And, we’ll be keeping count.

PWS

06-22-19

DON’S KILLER DEAL: Salvadoran Teenage Girl First Casualty Of Trump’s “Make ‘Em Die In Mexico” Deal — As Investigation Continues, One Thing Is Clear: This Is Just The First Of Many Deaths & Human Tragedies That Will Result From Trump’s “Malicious Incompetence” & Unwillingness To Comply With Asylum Laws!

https://www.nytimes.com/2019/06/21/world/americas/mexico-migrant-death.html?smid=nytcore-ios-share

By Kirk Semple and Paulina Villegas

June 21, 2019

MEXICO CITY — The Mexican authorities are investigating the death of a teenage migrant from El Salvador who was shot and killed after the truck she was in ran a government checkpoint.

Witnesses have told investigators in the state of Veracruz, where the shooting happened last Friday, that a truck carrying the 19-year-old woman and other migrants bound for the United States border passed through a government checkpoint and that people wearing police uniforms gave chase in a police car and shot at the truck, said Jorge Winckler Ortiz, the attorney general of Veracruz.

Two other migrants in the truck were wounded in the shooting, officials said.

The incident occurred amid a Mexican government deployment of security forces to assert greater control of migration toward the United States, part of a dealthat President Andrés Manuel López Obrador struck with President Trump earlier this month to fend off a threat of tariffs.

The possibility that the Mexican police may have killed the teenager has reaffirmed the fears of migrants’ advocates and human rights experts, who worry that the security forces, being rushed into migration control, are ill-prepared for the task.

“To give a green light to any police force to detain or chase migrants opens up many more dangers and increases the risks migrants face, like grave human rights violations, horrible accidents or crimes like this,” said Ruben Figueroa, an activist with the migrant rights’ group Movimiento Migrante Mesoamericano, in an interview Friday.

Mexico’s security secretary, Alfonso Durazo, has also confirmed that his ministry was investigating the shooting.

In a news conference this week, Mr. Winckler said that according to testimony from witnesses, 17 migrants from El Salvador were traveling in a four-door pickup truck through the state of Veracruz when they encountered the checkpoint.

The driver slowed down as he passed through the checkpoint, but hearing sirens, he sped away. A high-speed chase ensued, lasting 20 minutes, Mr. Winckler said, according to the preliminary investigation based on interviews with witnesses.

After shots were fired from the police vehicle, the truck pulled to a stop and three men “dressed as police” stepped out of the police vehicle, Mr. Winckler recounted.

His language allowed for the possibility that the assailants were not legitimate police officers. In Mexico, criminals have been known to disguise themselves in the uniforms of the nation’s security forces to conduct crimes, though corruption also permeates Mexico’s police forces, and some police personnel have developed close ties with organized crime.

As the three men beat up the driver of the truck, the other migrants ran away, Mr. Winckler said. The men in police uniforms hauled the driver away, leaving behind the dead migrant and her two wounded companions, one of whom had been shot in a hand and the other in his leg, Mr. Winckler said, citing witness testimony.

One of the wounded migrants told The Washington Post that the occupants of the patrol car had first shot at the migrants’ vehicle from behind, before pulling ahead and shooting through the windshield. The wounded migrant, who was recovering in a hospital in Veracruz, said he saw all three men wielding weapons.

The deployment of security forces by the Mexican government, after the deal announced on June 7 with the Trump administration, was supposed to be concentrated in Mexico’s southern states. Officials initially promised to send 6,000 members of the newly formed National Guard to the southern border region to help migration officials intercept undocumented migrants entering from Guatemala.

But the mobilization has been halting at best. In recent days, officials said that only a portion of those 6,000 would be members of the National Guard, with the rest drawn from other security forces, and that only about 40 percent of them would be sent to the southern region.

Still, the deal has already resulted in more government checkpoints along major roadways leading from the border with Guatemala into the interior of the country, and more aggressive patrols.

Human rights experts, migrants’ advocates and security analysts have warned about possible hazards, such as human rights violations, that could be caused by the quick deployment of the security forces, which may not have received proper training in migration enforcement.

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Trump likely figures that the dead bodies he is responsible for will stay in Mexico (or Guatemala) and thus below the radar screen. So, it’s important for reporters to keep focusing on the body count so that he can be held accountable for the deaths and tragedies he is causing with his incompetent, racist, anti-refugee policies.

DOJ NOW OFFICIALLY AN ETHICS FREE ZONE: DOJ Attorney Lies To 9th Circuit Panel – Says That Gov. That Can Afford Useless Walls, Ridiculous “Raids,” Inhumane Detention, “Grifter” Security At Trump’s Golf Courses, Can’t Provide Toothbrushes, Soap, & Blankets For Kids In DHS “Gulags!” — Judges Are Aghast, But Fail To Take Immediate Disciplinary Action Against Contemptuous Attorney For Making Audaciously Frivolous Arguments!

https://www.huffpost.com/entry/justice-department-detained-immigrant-children-soap-toothbrushes_n_5d0c1f37e4b07ae90d9a8b0d

Mary Papenfuss reports for HuffPost:

POLITICS

5 hours ago

Justice Department Argues Against Providing Soap, Toothbrushes, Beds To Detained Kids

“I find it inconceivable that the government would say” current conditions are “safe and sanitary,” as required, said a stunned Judge William Fletcher.

A Justice Department attorney this week argued in court that the federal government should not be required to provide soap, toothbrushes or even beds to detained children apprehended at the U.S.-Mexico border.

Government lawyer Sarah Fabian argued Tuesday before the U.S. Court of Appeals for the 9th Circuit that forcing children to sleep on cold concrete floors in cells is both “safe and sanitary.”

Attorneys for the detained children are arguing that the government is not following the requirements of a 1997 settlement agreement in the case of Jenny Flores that established a framework for the humane treatment and release of detained migrant minors. Children must be housed in “safe and sanitary conditions” under the settlement. A district judge added the specific requirements that children be provided with soap and toothbrushes.

Members of the three-judge appellate panel appeared stunned by Fabian’s arguments, Courthouse News Service reported.

“Are you arguing seriously that you do not read the agreement as requiring you to do something other than what I just described: cold all night long, lights on all night long, sleeping on concrete and you’ve got an aluminum foil blanket?” asked Judge William Fletcher. “I find it inconceivable that the government would say that that is safe and sanitary.”

Judge Marsha Berzon asked Fabian: “You’re really going to stand up and tell us that being able to sleep isn’t a question of ‘safe and sanitary’ conditions?… You can’t be sanitary or safe as a human being if you can’t sleep.” (See the video below at 24:30.)

Fabian was challenging an order by U.S. District Judge Gee in Los Angeles, who appointed an independent monitor to ensure that the federal government complies with the Flores settlement and specifically required such items as soap and toothbrushes. Fabian argued that such requirements are not detailed in the original settlement. (In the video at 26:40.)

“One has to assume … parties couldn’t reach agreement on how to enumerate that or it was left to the agencies to determine,” Fabian argued.

Fletcher responded: “Or it was relatively obvious — at least obvious enough so that if you’re putting people into a crowded room to sleep on a concrete floor with an aluminum foil blanket on top of them, that doesn’t comply with the agreement.”

He added: “It may be they don’t get super-thread-count Egyptian linen, I get that. … I understand at some outer boundary, there may be some definitional difficulty. But no one would argue that this [current situation] is safe and sanitary.”

As for soap, it “wasn’t perfumed soap, it was soap. That sounds like it’s part of ‘safe and sanitary,’” he added. “Are you disagreeing with that?”

Judge A. Wallace Tashima said that such items are “within everybody’s common understanding that if you don’t have a toothbrush, if you don’t have soap, if you don’t have a blanket, it’s not safe and sanitary. Wouldn’t everybody agree to that?” he asked. “Do you agree to that?”

Fabian, who appeared to stumble throughout much of her presentation, responded: “Well … maybe.”

The attorney for the children argued that, although soap and toothbrushes weren’t specifically mentioned in the 1997 settlement, they must be provided because they would be “reasonably interpreted” as part of the agreement under contract law.

The “first thing you do is honor the plain meaning” of words like “safe and sanitary,” said Peter Schey. “Today we have a situation where once a month a child is dying in custody. Certainly the Border Patrol facilities are secure, but they’re not safe and they’re not sanitary.”

It’s not clear when the 9th Circuit, based in San Francisco, will issue a decision in the case.

The federal government earlier this month stopped English language classes, recreational programs like soccer games and legal aid for locked-up children.

Fabian’s argument before the 9th Circuit can be seen [at the above link].

Do you have information you want to share with HuffPost? Here’s how.

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Honestly, how does Sarah Fabian sleep at night? If she has kids, what does she tell them about what she does to other people’s kids for a living?

And, what can you say about 9th Circuit judges who accept frivolous, totally disingenuous arguments from Government counsel. A private attorney who wasted the court’s time and disrespected its integrity and functions in this matter would almost certainly be disciplined or disbarred in short order.

At one time, DOJ attorneys were expected to adhere to higher standards of ethics because of their role in protecting the public interest and aiding the courts in pursuit of justice. Why in the age of Trump, Sessions, Barr, and Solicitor General Noel Francisco are ethical standards no longer enforced against DOJ Attorneys? And that goes right up to the top, as both Barr and Sessions have clearly interfered with and participated in quasi-judicial immigration decisions after showing clear bias against migrants and in favor of DHS Enforcement, in violation of ethical standards.

Folks like Trump and his cronies always depend on complicit subordinates, as well as complicit courts, to carry out their vile and illegal programs.

PWS

06-21-19

“ABSURD, FARCE” — Chase, Musalo, Other Asylum Experts Lambaste Trump’s Scheme To Designate One Of World’s Most Dangerous Counties, Without A Functioning Asylum System, As “Safe” For Asylum Seekers!

https://www.law360.com/articles/1170313/guatemala-is-not-as-safe-for-asylum-seekers-as-trump-says

Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog

Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law

Nicole Narea reports for Law360:

. . . .

Trump tweeted Monday night that Guatemala is “getting ready to sign” a socalled safe third country agreement with the U.S., and he lauded Mexico for “using their strong immigration laws” to stop migrants well before they reach the southern U.S. border. Mexico said Friday it would also weigh a safe third country agreement with the U.S. if its efforts to ramp up immigration enforcement as part of a trade deal do not succeed within 45 days.

The announcements came as the Trump administration moved to reduce its obligations to asylum seekers by expanding its “Remain in Mexico” policy, officially known as the Migrant Protection Protocols, by which migrants are sent back to Mexico while they await hearings in U.S. immigration court.

As for Guatemala, experts have protested that Mexico’s southern neighbor cannot offer asylum seekers the kind of security intended by a safe third country agreement.

But the Trump administration is not proposing such an agreement with Guatemala because it believes the country to be safe, said Jeffrey Chase, a former immigration judge and ex senior legal adviser to the Board of Immigration Appeals. Rather, the White House believes the accord will stop asylum seekers from countries farther south from entering the U.S., Chase said.

Migrants from El Salvador and Honduras have to travel through Guatemala en route to the U.S., and if Guatemala were subject to such an agreement, the Trump administration would have an “excuse to turn away those fleeing violence in those countries,” he said.

Karen Musalo, the founding director of the Center for Gender and Refugee Studies at University of California, Hastings College of the Law, said that to call Guatemala safe is absurd.

“I don’t think that anyone familiar with the human rights situation in Guatemala — with its extremely high levels of homicides, femicides, gender violence, gang and organized crime violence, corruptions, etc. — could say with a straight face that asylum seekers would be safe there,” she said.

. . . .

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

Those with access to Law360 can read Nicole’s complete article at the above link.

It isn’t just that Trump (supported by some equally dishonest and nasty GOP legislators and flunkies like Mike Pence, Mike Pompeo, Ken “Cooch Cooch” Cuccinelli, and Kevin McAleenan) is blatantly lying about asylum seekers and Guatemala being “safe.” What he essentially proposes is the U.S.-sanctioned murder of innocent asylum seekers from the Northern Triangle.

Why is this outrage against the law and humanity “below the radar screen?” Seems like it’s actually the most clear “impeachable offense” that Trump has committed to date. And, it’s right out in plain view for all to see, with irrefutable proof that Guatemala is NOT a safe country for anyone, let alone asylum seekers. That’s exactly why folks are fleeing Guatemala for their lives every day.

PWS

06-21-19

DERELICTION OF DUTY: 4th Cir. Exposes BIA’s Incompetence & Anti-Asylum Bias, Yet Fails To Confront Own Complicity — SINDY MARILU ALVAREZ LAGOS; K.D.A.A., v. WILLIAM P. BARR

http://www.ca4.uscourts.gov/opinions/172291.P.pdf?fbclid=IwAR0V6wyNPGePFSgscsU5Qw-PQxasjIHuwnGXYQr4RraWbpMse6GOc4bAJqY

DIAZ, 4th Cir., 06-14-19, published

PANEL: GREGORY, Chief Judge, and DIAZ and HARRIS, Circuit Judges.

OPINION BY: PAMELA HARRIS, Circuit Judge

KEY QUOTE:

Sindy Marilu Alvarez Lagos testified credibly that she and her then-seven-year-old daughter, natives and citizens of Honduras, were threatened with gang rape, genital mutilation, and death if they did not comply with the extortionate demands of a Barrio 18 gang member. Unable to meet those demands and fearing for their lives, Alvarez Lagos and her daughter fled to the United States, where they sought asylum, withholding of removal, and protection under the Convention Against Torture.

Now, almost five years later, an immigration judge and the Board of Immigration Appeals have issued a total of three separate decisions denying Alvarez Lagos’s claims. The government defends none of those decisions, including the most recent, which came after we agreed, at the government’s request, to remand the case for reconsideration. Instead, the government admits that errors remain, but argues that we should leave them unaddressed and simply remand once again so that the agency may have a fourth opportunity to analyze Alvarez Lagos’s claims correctly.

We decline that request. A remand is required here on certain questions that have yet to be answered, or answered fully, by the agency. But we take this opportunity to review the agency’s disposition of other elements of Alvarez Lagos’s claims. For the reasons given below, we reverse the agency’s determination with respect to the “nexus” requirement for asylum and withholding of removal. And so that they will not recur on remand, we identify additional errors in the agency’s analysis of the “protected ground” requirement for the same forms of relief, and in the agency’s treatment of Alvarez Lagos’s claim under the Convention Against Torture.

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

It’s partially on the Article IIIs. Great decision in many ways. But, this type of injustice occurs daily in our unconstitutional U.S. Immigration Courts. How many Central American asylum applicants get this type of representation—Steve Shulman of Akin Gump for a pro bono lawyer, Tom Boerman as an expert? Not very many.

How many can be this persistent, particularly if detained or sent to Mexico to wait? Almost none! I think that if these respondents were in “Return to Mexico” they would have long ago been forced to give up and accept “Death Upon Return.”

This case should have been a “no brainer grant” five years ago. Could have been done at an Asylum Office (under a more rational system) or by DHS stipulation. THIS abuse of the legal system and gross waste of public resources by DHS and DOJ is the reason why we have unmanageable Immigration Court backlogs, not because asylum applicants and their representatives assert their legal rights.

The Office of Immigration Litigation (“OIL”) didn’t even bother to defend any of the EOIR actions here! So, after five years why is it “Due Process” for the Fourth Circuit to give the BIA yet another opportunity to come up with bogus reasons to deny asylum.

An Article III Court fulfilling its oath to uphold the laws and Constitution could have ordered this case to be granted and either exercised contempt authority against those at DOJ responsible for this mess or ordered an independent investigation into the judicial incompetence and bias evident here. At the least, the court should have removed any judge having had a role in this abomination from any future proceedings involving these respondents.

Cases such good as this also illustrate the continuing dereliction of duty by Article III Courts who continue to “go along top get along” with the absurdly unconstitutional position that unrepresented asylum applicants can receive “Due Process” in today’s overtly unfair and biased Immigration Courts. The Due Process clause applies to all persons in the U.S., and the right to a fair asylum hearing exceeds the rights at stake in 98% of the civil litigation and most of the criminal litigation in the Federal Courts. If the Article III Courts actually viewed asylum applicants as “persons,” that is “fellow human beings,” rather than dehumanized “aliens,” this farce would have ended decades ago! Folks represented by Steve Schulman and Akin Gump can’t get a “fair shake” from EOIR; what chance does any unrepresented applicant have?

You reap what you sow, and what goes around comes around! If Article III Courts want to be taken seriously and respected, they must step up to the plate and stop the systematic bias against asylum applicants (particularly women and children from Central America) and the abuses like this occurring every day in our unconstitutional U.S. Immigration Courts!

History is watching and making a record, even if those wronged by the Article IIIs all too often don’t survive or aren’t in a position to confront them with their dereliction of legal duties and the obligations human beings owe to each other.

PWS

06-17-19

CONTINUING JUDICIAL EDUCATION FOR ARTICLE III JUDGES: “Kids In Cages” Ought To Be Displayed Outside Every Federal Courthouse & The Supremes So That “Robed Enablers” Can See The Results Of Their Abdication Of Constitutional Duties!

https://apple.news/Au_bQMKN3QxmsBKokkqyP3w

Sarah Ruiz’s-Grossman reports for HuffPost:

U.S. NEWS

06/12/2019 05:25 PM EDT

Cages With ‘Kids’ Pop Up Around NYC To Protest Immigrant Detention

The art installations were meant to bring awareness to the horrific conditions children and other migrants face at the southern U.S. border.

Some people in New York City were confronted with an alarming image as they walked down the street on Wednesday morning: a chain-link cage on the sidewalk containing a child-size mannequin wrapped in a foil blanket, with audio playing of migrant children crying.

More than 20 cages were placed around Manhattan and Brooklyn ― from Union Square to the Barclays Center sports arena ― as part of a campaign called #NoKidsInCages by immigration nonprofit RAICES and ad agency Badger & Winters.

It was meant to draw Americans’ attention to the children and other migrants being held in alarming conditions at the U.S.-Mexico border.

Speakers in the cages played the viral recording released by ProPublica last summer of kids wailing for their “mamá” and “papá” after having been separated from them at the border as a result of the Trump administration’s “zero tolerance” immigration policy.

“We want to bring this back to the consciousness of the American people,” RAICES CEO Jonathan Ryan told HuffPost. “One of the many unfortunate consequences of the repeated traumatic stories coming from the border is that, as horrified and angry as people have been, we also become desensitized. It’s important for people … to be confronted with the reality that this is about children, human beings, whose lives are forever affected.”

“This is being done in our name by people who we elected,” he added. “And if we don’t do something to stop this, this will become who we are.”

About two dozen cages were dropped around the city from about 4 a.m. to 5 a.m., Ryan said. By midafternoon most of them had been taken down by police or city employees, with three remaining around 2 p.m., per Ryan. The New York Police Department confirmed to HuffPost that more than half a dozen cages had been removed around Manhattan, but did not respond to questions as to why.

The online campaign associated with the installations recalls the family separations under President Donald Trump’s hard-line zero-tolerance policy, which led to the separation of thousands of children from their parents last year. The policy sparked protests nationwide and was reversed by executive order in late June. But a January report from the Department of Health and Human Services found the administration may have separated thousands more kids from their families than was previously known, and it did not know how many or whether they were reunited.

RAICES also wants people to become aware of other issues migrants face, Ryan said.

He noted undocumented immigrant families are still separated “routinely” at the border, including when migrant kids are split from other guardians like uncles and aunts or older siblings. Separations occur inside the country too, he said, when a child’s undocumented mom or dad is arrested by immigration agents, for instance in a workplace raid.

U.S. Customs and Border Protection apprehended over 109,000 people at the border in April ― more than double the number of migrants detained during that month last year. A majority of the migrants apprehended were either families traveling together or unaccompanied kids.

A Department of Homeland Security watchdog, reporting on Border Patrol facilities in El Paso, Texas, found last month that detained migrants were kept in dirty and extremely crowded conditions, forcing some people to stand on toilets to get some breathing room.

Last week, Trump said he reached an agreement with Mexico that includes “rapidly” returning to Mexico anyone who crosses the border seeking asylum in the U.S. Advocates are concerned about the dangerous conditions in cities such as Tijuana and Ciudad Juárez, where more migrants will now be forced to wait as their claims are processed.

“When the American people hear stories of this problem being fixed by the ‘remain in Mexico’ policy, it hasn’t been fixed, it’s just further from their view,” Ryan said. “The suffering will only increase.”

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

Ah, life in the ivory tower of the Article III Federal Judiciary, where you seldom are confronted with the human faces or ugly reality of your abuses and failures to protect the human rights of others.

The “Remain in Mexico” Program is an ongoing affront to our Constitution, the rule of law, and simple human decency for which the judges of the Ninth Circuit Court of Appeals who are enabling this ongoing humanitarian outrage and giving it “legal cover” should be held fully morally and historically accountable!

PWS

06-13-19

9TH CIRCUIT JUDGES COMPLICIT IN HUMAN RIGHTS & LEGAL VIOLATIONS INFLICTED ON TERRIFIED TEEN ASYLUM APPLICANTS: Reuters Study Exposes How Disingenuous Article III Judges Are Letting Trump Administration “Get Away With Potential Murder” Under Clearly Illegal, Unconstitutional, & Incompetently Administered “Remain In Mexico” Abomination!

https://www.reuters.com/article/us-usa-immigration-returns-exclusive/exclusive-asylum-seekers-returned-to-mexico-rarely-win-bids-to-wait-in-u-s-idUSKCN1TD13Z

(Reuters) – Over two hours on June 1, a Honduran teenager named Tania pleaded with a U.S. official not to be returned to Mexico.

Immigration authorities had allowed her mother and younger sisters into the United States two months earlier to pursue claims for asylum in U.S. immigration court. But they sent Tania back to Tijuana on her own, with no money and no place to stay.

The 18-year-old said she told the U.S. official she had seen people on the streets of Tijuana linked to the Honduran gang that had terrorized her family. She explained that she did not feel safe there.

After the interview, meant to assess her fear of return to Mexico, she hoped to be reunited with her family in California, she said. Instead, she was sent back to Mexico under a Trump administration policy called the “Migrant Protection Protocols”(MPP), which has forced more than 11,000 asylum seekers to wait on the Mexican side of the border for their U.S. court cases to be completed. That process can take months.

Tania’s is not an unusual case. Once asylum seekers are ordered to wait in Mexico, their chances of getting that decision reversed on safety grounds – allowing them to wait out their proceedings in the United States – are exceedingly small, a Reuters analysis of U.S. immigration court data from the Executive Office for Immigration Review (EOIR) shows.

. . . .

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

Read the full description of the Trump Administration’s judicially enabled all out assault on the legal, Constitutional, and human rights of vulnerable asylum seekers at the above link.

A complicit panel of 9th Circuit Judges vacated a proper lower court injunction that was preventing this type of intentional child abuse by the Trump Administration. Here’s that panel’s “head in the sand” opinion in Innovation Law Labs. https://immigrationcourtside.com/wp-content/uploads/2019/05/Innovation-Law-Lab-19-15716.pdf.

It’s worth noting that almost every “ameliorating exception” described in the first paragraph of the panel’s opinion is demonstrably untrue — children and those clearly in danger are being returned and the “discretionary parole” is largely a fraud that seldom is granted — according to the Government’s own data (which likely is also falsified or manipulated to some extent to mask or distort abuses). In other words, a “three-reporter panel” of Reuters is more interested and capable of getting to truth than a panel of life-tenured judges.

Oh, that it could be these judges’ kids or grandkids separated from family and sent to live on the mean streets of Tijuana while pursuing their legal rights under US law. Really, how do these child abusers and human rights scofflaws hiding in judicial robes sleep at night?

Guess the can’t hear the screams and moans of those whose rights they are failing to protect and whose human dignity they reject. I’ve heard eyewitness accounts and seen video evidence from the pro bono lawyers courageously (and sometimes at the risk of their own health and safety) trying to protect the lives and rights of asylum seekers at the Southern Border from these abuses of human rights that are enabled by “Remain in Mexico” (a/k/a the disingenuously named “Migrant Protection Protocols”). The truth is no secret for those who actually seek it rather than to ignore it.

Complicit Article III Judges and Government lawyers are keys to Trump’s “dehumanization” program. History must hold them accountable for their abuses of humanity.

PWS

06-13-19

AMERICA’S SHAME: Congress Dithers, Life-Tenured Article III Circuit Judges & Supreme Court Justices Shirk Their Duty, While Trump’s “False Courts” Violate Constitutional, Statutory, Treaty, & Human Rights On A Daily Basis With Impunity! — History Will Remember Those Who Are Complicit In & Who Are Morally Responsible For Unlawful Killings & Other Unspeakable Acts Committed Against Those Most Vulnerable Who Are Merely Seeking Fairness Under Our Broken & Fraudulent Justice System!

NEW REPORT EXAMINES WEAPONIZATION OF IMMIGRATION COURT SYSTEM

Advocates Launch Immigration Court Watch App to Ensure Greater Accountability, Transparency.

No, American institutions aren’t “standing up” to Trump. From the Supremes legally wrong , immoral, and unconstitutional decision in Jennings, to their licensing of blatant racial and religious bias in Travel Ban 3.0, to the Ninth Circuit’s complicity in the mocking of legal, statutory, and Constitutional rights under the fraudulent and illegal “Remain in Mexico,” which they now “own” lock stock, and barrel, to the Eleventh Circuit’s refusal to stop the “law, asylum, justice, and human dignity free zone” in the Atlanta Immigration Courts, Article III Judges are ignoring their oaths of office and turning blind eyes to immigration outrages that are transparent on the records they review and have been building in plain sight for years.

Those in positions of power who fail to fulfill their Constitutional duty to prevent abuse of the most vulnerable among us deserve to be condemned by public opinion and by history. And that goes for Article III Judges, as well as legislators, politicos, and bureaucrats.

PWS

06-12-19

PWS

06-12-19

NATIONAL FRAUD: IMMIGRATION COURTS ARE NOT “COURTS” — New Scholarship Shows How Immigration “Courts” Are Actually Hierarchical Bureaucracies Masquerading As Courts, Incorporating The WORST Features Of Both!

Bureaucrats in Robes final

BUREAUCRATS IN ROBES: IMMIGRATION “JUDGES” AND THE TRAPPINGS OF “COURTS”

AMIT JAIN*ABSTRACT

As U.S. immigration policy and its human impact gain popular salience, some have questioned whether immigration courts—often the first-line adjudicators of deportation—are “courts” at all in the American adversarial legal tradition. This Article aims to answer this question through a focus on the role of the immigration judge (IJ). Informed by in-depth interviews with twelve former IJs and three former supervisory officials, I argue that immigration courts present with superficial hallmarks of adversarial courts, but increasingly exhibit core features of a tightly hierarchical bureaucracy. Although not all features of an immigration bureaucracy are inherently unde- sirable, masking a bureaucracy with judicial trappings results in a deceptive facade of process that likely limits scrutiny from federal courts and calms public discontent with harsh immigration laws. In light of this phenomenon, enhancing IJ independence through the creation of an Article I immigration court would solve some problems with immigration adjudication but risk papering over others. Instead, achieving a fair system will require both procedural and substantive reforms.

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

Read Amit’s full article at the above link.

Yes, I recognize that Amit undercuts my arguments for an immediate halt of this system and change to Article I without waiting for other reforms to “humanize” immigration law and put them more in line with the actual national perception of immigrants (which, as Amit points out, is nowhere near as racist and inhuman as Trump’s White Nationalist restrictionist abomination now being peddled by Trump, Pence, many in the GOP, at DHS, and most disturbingly, at DOJ. For example, most Americans would favor taking care of “Dreamers” now, without all the restrictionist “poison pills” attached). I agree that other practical and humanizing reforms are necessary; but without immediate Immigration Court intervention and reform every other immigration reform becomes meaningless and innocent people will continue to die, be tortured, and be abused “on our watch.”

Immigration Court reform can’t wait! Every day, the statute, our Constitution, international treaties, our national values, and human dignity are being mocked and destroyed by what is happening in our Immigraton Courts under the “Minister of Injustice” Bill Barr and his lawless and spineless sycophants in EOIR Management.

It’s past time for the Article III Courts to stop screwing around, do their Constitutional duty, and put a screeching halt to this abomination and blot on our national conscience. Stop these “Fake Courts” in their tracks!

No more “removal orders” until Congress creates an independent Immigration Court system that passes legal and Constitutional muster and complies with our treaty obligations. And, until that happens, the DOJ should be forbidden from any further meddling in the Immigration Courts. If the Immigration Court System is to continue to operate on an interim basis, it should be under an “Order of Supervision” from Article III Circuit Judges just as was done with Constitutionally deficient and defiant school systems in the South following Brown.

Either that or the Article III Courts should appoint an active or retired Article III Judge as a “Special Master” with authority to insure fair, impartial, and legal operation until Congress corrects these flaws.

Allowing human beings to be “degraded and railroaded” back to life threatening situations, often after having been abused, humiliated, threatened and mistreated by so-called “judges” and their White Nationalist overlords is no laughing matter! It’s a national disgrace, the elimination of which should be our highest national priority!

PWS

06-12-19

FRANZ KAFKA’S AMERICA: At the “Jena Gulag” Everyone’s A Criminal Including Attorneys Committing The “Crime” Of Representing Their Clients!

https://lawprofessors.typepad.com/immigration/2019/06/guest-post-m-isabel-medina.html

From ImmigrationProf Blog:

Escobedo v. Illinois(1964) – I remember the case from law school and it is one of those cases that stay with you. It’s a case that spoke so firmly to our profession and the constitutional right that our profession guards – the right to counsel.   It’s the case where the attorney is trying to see the client, and the client keeps asking to see the attorney, and they are both at the police station, but the police continue to deny both the ability to meet and talk before the person is interrogated by police. The case fascinated me because the situation seemed so remarkable, really, incredible, and, of course, the Supreme Court, at that time, gave what I thought the correct response. I still think it is the correct response but what I missed then, and sometimes now, is how many of us think, then and now, it was not. But Escobedo is a Sixth Amendment case that applies in the context of criminal prosecutions so although I have thought of it often in the past three weeks, it is uncertain precedent to rely on in the context of immigration proceedings. It also strikes me now who Escobedo is, and I remember when we first discussed this case in law school, the complete absence of a discussion about his race and national origin, in the classroom.

I also think often of Fong Yue Ting v. United States (1893) and the U.S. Supreme Court’s reasoning that “The order of deportation is not a punishment for crime,” And what this reasoning means in a world where persons are incarcerated, prevented from touching, hugging and kissing their closest relatives, including their children, simply because they are immigrants in removal proceedings (a civil process, the Court continues to tell us – not a criminal process) and where persons are not allowed to meet with their attorneys in a room in which they can go over documents or testimony together, but instead meet only in cubicles that are completely separated from each other except for a quarter inch slit at the bottom of a plastic/glass divider. So it is literally physically impossible to point at a statement in a document and ask the client a question about that statement. And it is in fact physically impossible for a client to hand over to their attorney documents. They have to be taken apart and slipped across through that quarter inch slit. It took a client over an hour to slip over to me part of the file.

This is the world at La Salle Detention Center in Jena, Louisiana, one of the Geo owned and managed detention centers in Louisiana that currently houses only immigrant detainees. But the guards at La Salle know better – they are housing criminals at La Salle and the guards think of them as criminals, call them criminals, and treat them like criminals. Criminals, apparently, are undeserving of any kind of protection. The reason for the cubicle, I am told, is to make impossible the passing of contraband. I ask what contraband. I ask further, by attorneys? Attorneys are bringing in contraband? I ask amazed. And the answer I am given is yes, you’d be surprised. And I persist, What? What kind of things are attorneys bringing in? And the answer I get eventually is things like food.

At La Salle, inmates are separated and designated by clothing of different colors into different groups based on their alleged “dangerousness” or “security.” Inmates are written up for asking questions or making requests or complaining about things like missed mail or failures to deliver mail. Inmates are also restricted in accessing outside time, private time, and so many of the things those of us who are free take for granted, and those of us who are committed to serve a criminal sentence are denied. But these “inmates” aren’t serving a criminal sentence, as I remind the guards. They are civil detainees – they are not supposed to be treated like criminals serving a criminal sentence.

At La Salle, civil detention is criminal detention.   I have had greater physical access to persons convicted of murder or persons who’ve been accused of criminal offenses. I’m somewhat nonplussed by the restrictions on meeting with someone who is facing removal from this country; and the impact of those restrictions on their right to counsel.

But I am even more nonplussed when those restrictions start being applied directly to me. In order to see a client, I have to turn my car keys in to the facility. I cannot take my bag or purse with me. This is for my safety I am told. Every time I visit a person at La Salle, I ask for access to the person. I know there is a room at La Salle in the visiting area that allows for that. I know that the facility has made this room available to consular officials visiting persons in the facility. But the facility refuses to make this room available for attorney-client visits. I ask every time and am refused every time. I leave multiple phone messages for the Warden but no one ever calls me back and no one with authority ever agrees to talk to me.

When I come for the hearing at La Salle Immigration Court with the family of a person I am representing, the guard refuses to allow the children of the person into the courtroom. I ask why not. Federal policy is that children 12 and older can attend court proceedings. There are signs in the waiting room at the facility that state this. But when I come with six law students and the family, the officer says no they have to be 15 and older (after looking the children over). So I ask why again. I explain that I’ve checked with the Court administrator and federal guidelines and the ICE–ERO on the case and the Court administrator said the children were allowed to attend. No one had indicated otherwise. So the officer goes off to check with someone. When she returns she says the ICE officer in charge of the facility has determined that the children cannot go in. I ask why? She says that’s what he’s decided. I say may I speak to him. That is not consistent with the federal policy and the court administrator approved it. I’d like to speak to him. She goes out again and comes back a bit later. Then a person not in uniform comes in waves to me and takes me into a bigger office. There he proceeds to threaten me with arrest – first, it sounds like he is going to arrest me himself but then he threatens that he is going to call the sheriff and have the sheriff arrest me. I ask him why he would do that.  I am just trying to find out why the children can’t attend the hearing, given that it’s federal policy and I’ve gotten approval of the court administrator. He is physically shaking with anger as he tells me again he is going to call the sheriff and have me arrested. I agree to be arrested but remind him that the facility operates by force of law and regulation – it can’t operate as if law doesn’t apply here. I am an attorney, I explain, I have to be able to assert my client’s interests.

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

Who are the “real criminals” here?

It takes lots of corruption, cowardice, and complicity to make this happen: A Congress that doesn’t care, a Supreme Court that disingenuously manufactures ridiculous legal fictions and turns a blind eye to glaring Constitutional violations, Article III Courts who can see that the results are inherently biased, coercive, and unfair but look the other way, a thoroughly corrupt Attorney General who has no interest whatsoever in justice, complicit politicos and bureaucrats at DOJ, EOIR, and DHS willing to violate ethical standards and their oaths of office, and those minions at the “bottom of the pyramid” who glory in the chance to exercise power in an arbitrary and abusive way.

Thanks goodness for dedicated, courageous lawyers like Isabel who are members of the “New Due Process Army,” fight for the legal rights of the most vulnerable among us, refuse to give in to the oppressors, and document and expose the vileness and lawlessness of the Trump Administration and its many enablers and retainers like Geo and its guards.

Your tax dollars at work!

PWS

06-11-19

O’ROURKE’S IMMIGRATION PLAN FEATURES INDEPENDENT ARTICLE I IMMIGRATION COURT — Every Serious Democratic Candidate Needs To Include This “Must Do” Priority!

Beto_O_Rourke_Immigration_Plan

IN OUR OWN IMAGE
Beto O’Rourke’s Plan for Rebuilding Our Immigration and Naturalization System To Make It Work Better for Our Families, Our Communities, and Our Economy
Above all else, immigration is about people – not just those who have recently arrived or those yet to come, but the kind of people we choose to be. Since the Founding, the compact we made as a nation was to welcome the oppressed, the persecuted, and the hopeful from all over the world because we recognize that immigrants enrich every aspect of our society with their determination and genius. Each successive generation of Americans has included immigrants, refugees, and asylum seekers, strengthening this nation that we share.
The current administration has chosen to defy this American aspiration, drafted into our Declaration of Independence, welded into the welcome of our Statue of Liberty, and secured by the sacrifices of countless generations. Instead, the current administration is pursuing cruel and cynical policies that aim to sow needless chaos and confusion at our borders. It is manufacturing crises in our communities. And it is seeking to turn us against each other. When this is done in our name, with our tax dollars, and to our neighbors, we not only undermine our laws, hold back our economy, and damage our security – we risk losing ourselves.
But at this moment of peril, we have a chance not only to reverse course but to advance a new vision of immigration that more fully reflects our values. As a fourth-generation El Pasoan, Beto uniquely recognizes the urgency of fixing our broken immigration and naturalization system. Rooted in his experience serving the largest binational community in the Western Hemisphere – one that draws its strength and prosperity from its rich heritage of welcoming immigrants – Beto is proposing a new path forward to ensure we honor our laws, live up to our values, and once again harness the power of a new generation of immigration toward our shared prosperity.
Beto’s plan, which would represent the most sweeping rewrite of our nation’s immigration and naturalization laws in a generation, is built on three key pillars:
1. On day one of his presidency, Beto will use executive authority to stop the inhumane treatment of children, reunite families that have been separated, reform our asylum system, rescind the travel bans, and remove the fear of deportation for Dreamers and beneficiaries of programs like TPS.
2. Beto will also immediately engage with Congress to enact legislation – focused on the key role families and communities play – that will allow America to fully harness the power of economic growth and opportunity that both immigration and naturalization will bring to our country’s future.
3. Finally, Beto’s plan would strengthen our partnership with our neighbors in the Western Hemisphere. We need to refocus on supporting democracy and human rights and invest in reducing violence because the only path to regional security runs through a more democratic and prosperous Latin America.
I. ENDING THE CRUEL AND CYNICAL POLICIES THAT CREATE CHAOS AT OUR BORDERS AND IN OUR COMMUNITIES ON DAY ONE

The current administration’s cruel and cynical policies are sowing needless chaos and confusion at our borders and in our communities. On day one of his presidency, Beto will take immediate executive action to end these practices and replace them with policies that conform to our laws and values, restore order and process to our asylum and immigration systems, and refocus our tax dollars on smart security. Those executive actions will:
● Reform the asylum system and reunite families. The current asylum system is ineffective, inefficient, illegal, and immoral. Those traveling vast distances to escape extreme violence and crushing poverty are being met by a militarized cruelty and manufactured chaos that separates families, detains children, and deliberately extends the backlog of those who require processing. We must change both the culture and processes for handling asylum claims.
An O’Rourke administration will ensure lawful and humane conditions at U.S. Customs and Border Protection (CBP) facilities, including access to medical treatment, mental health care, social workers, and translators, and restore orderly and prompt processing of people seeking refuge under our nation’s asylum laws. As president, Beto will:
o Rescind the current administration’s executive orders that seek to maximize detention and deportation, including former Attorney General Sessions’ radical re- interpretation of asylum law that seeks to deny protection to women and children fleeing domestic violence and escaping from deadly gangs.
o Mandate an end to family separations at the border and illegal policies like “metering” and “Remain in Mexico.”
o Issue an executive order to require detention only for those with criminal backgrounds representing a danger to our communities and eliminate all funding for private, for-profit prison operators whose incentive is profit, not security.
o Ensure that people have the tools to navigate our immigration court system by scaling up community-based programs and family case management, which is nearly one-tenth the cost of detention and ensures that people attend their courts hearing and that they know what is expected of them.
o ReinstatetheCentralAmericanMinorsprogram–allowingchildrenwithparents in the U.S. to apply for refugee status from their home countries – and other regional refugee resettlement efforts, working with the international community to process cases in the region and commit to resettling in partner countries.
o Take immediate steps to upgrade and increase staffing in the asylum system, streamline how cases move through the process, and provide timely and fair asylum decisions, while laying the foundation for a more fundamental reform to the immigration court system that restores due process and ensures equal access to justice, including by:

▪ Increasing court staff, clerks, interpreters, and judges;
▪ Making the courts independent under Article I, rather than administered
by the U.S. Department of Justice;
▪ Ending policies that prevent judges from managing their dockets in the
most effective way;
▪ Expanding the Legal Orientation Program (LOP) to ensure that everyone
knows how to navigate our immigration system;
▪ Deploying up to 2,000 lawyers to the border and funding a robust right to
counsel; and
▪ Developing approaches to resolve asylum cases outside of the court system,
such as by allowing USCIS Asylum Officers to fully adjudicate cases when conducting Credible Fear Interviews to prevent referring more cases into the backlogged courts.
o Personally lead a public-private initiative to bring humanitarian resources to the border.
● Rescind the discriminatory travel bans, which defy our nation’s Constitution and values.
● Immediately remove the fear of deportation for Dreamers and their parents and Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) beneficiaries, and begin work towards a permanent legislative solution.
● Refocus on smart security. The current administration is distracting CBP and other law enforcement personnel from focusing on actual threats and undermining their efficacy by pulling resources away from them – all in pursuit of a wall that we do not need, does not work, and will not make us safer. As President, Beto will:
o Immediatelyhaltworkontheborderwall–andhisfirstbudget,andeverybudget, will include zero dollars for this unnecessary wall;
o Immediatelybooststaffingtoexpandinspections,reducewaittimes,andincrease our capacity to detect illicit drugs – for instance by pursuing a targeted two-prong strategy that focuses on fentanyl shipments coming through our ports and our mail system – and other contraband, as well as modernizing our ports; and
o Immediately prioritize cracking down on smugglers and traffickers who exploit children and families by working with our regional partners.

IN OUR OWN IMAGE
The following are first-hand testimonials from immigrants in El Paso and across America
Daisy, Dreamer
El Paso, TX
“I came to this country when I was under two years old and have been here for 21 years. I have two younger brothers – one is a United States citizen and one is DACA, like me. I’ve been here longer than I can remember, but because of my status I couldn’t qualify for federal loans to help pay for community college. So I worked two jobs – one full-time job and one part- time job at the same time as taking classes year-round to get my associate’s degree, and now I’m enrolled in the University of Texas, El Paso, where I’m studying computer science and want to go into cybersecurity. After I graduate, I’m thinking about maybe trying to support the US military in cybersecurity or networking – but I can’t work on a base if I don’t have legal immigration status.
“All my friends and memories are here in America. Everything I’ve worked for and contributed to is here and I want to continue building my life and career in the only place I’ve known to be home.”
David, Dreamer
El Paso, TX
“I arrived in the United States when I was 13 years old with my mother after we lost our home during Hurricane Wilma. Since I’ve come here, I’ve always pushed myself to be the best I can be. I’ve worked hard in school, pursued my passion in math and science, and now I’m studying computer science at UTEP while also working at a solar company. When I graduate, I want to use my degree to better this country and society.
Some of modern society’s most important inventions are the result of immigrants – such as Google and Tesla. This innovation only happened because people came to this country and were given a chance. America should embrace the investments, benefits and diversity that immigrants bring, because we can help this country reach its greatest potential.”
II. STRENGTHENING OUR FAMILIES, COMMUNITIES, AND ECONOMY BY REWRITING OUR IMMIGRATION LAWS IN OUR OWN IMAGE
As President, Beto will push to rewrite our nation’s immigration and naturalization laws in our own image. These laws have not been meaningfully modernized in decades, despite the efforts of multiple administrations. But we have the chance to chart a new course that more fully vindicates the promise of this nation of immigrants. Beto will work with Congress to achieve that vision. He will reunite families and ensure they have a chance to contribute more to our economy and our communities – and pursue the American Dream. He will put workers and employers on a level playing field to, together, tap into the opportunity immigration presents for our economic growth and shared prosperity. And he will do that while boosting the security and functionality of our borders.
This is not just right but also essential to our shared prosperity. Immigrants from every corner of the world – those who came here on student visas and those seeking refuge from persecution – have been a key driver of our economic growth. They have been responsible for nearly one-third of all new small business, one-fifth of all Fortune 500 companies. And achieving immigration reform will be critical to unlocking our future success – creating at least 3 million jobs over the next decade, adding $2 billion to state and local tax revenues each year, and cutting the deficit by at least $1 trillion over the next 20 years.
Naturalization, too, promises economic gains. A recent study of 21 U.S. cities found that if all eligible immigrant residents were to naturalize, incomes would increase by $5.7 billion,

homeownership would rise by over 45,000, and tax revenues would grow $2 billion. The same study showed GDP would grow by $37 to 52 billion per year if half of those eligible nationwide naturalized.
In his first hundred days, Beto will put the full weight of the presidency behind passing legislation that:
● Creates an earned pathway to citizenship for 11 million undocumented people that is more efficient than previous proposals and includes an immediate path for Dreamers and beneficiaries of programs like the Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) programs.
● Strengthens our families, communities, and economy by prioritizing family unity – a hallmark of our best traditions – through provisions that:
o Reuniteimmigrantfamiliesseparatedbylengthyvisabacklogs;
o Revisepreferencecategoriesandcapstoprioritizefamilyunity;and o Removebarstore-entryandstatusadjustmenttosupportfamilies.
● Establishes a new, first-of-its-kind community-based visa category. Beto’s proposal will create a brand new category whereby communities and congregations can welcome refugees through community sponsorship of visas. This program will supplement the U.S. Refugee Admissions Program, which will be rebuilt and restored to align with America’s tradition of welcoming vulnerable refugees from around the world.
● Increase the visa caps so that we match our economic opportunities and needs – for work, education, investment, and innovation – to the number of people we allow into this country. This also means legislation that will:
o Ensure that industries that depend on immigrant labor have access to a program that allows workers to legally come here and legally return to their home country with appropriate labor and mobility protections;
o Address the green-card backlog and provide opportunities for those awaiting resolution to work and contribute, while immediately recapturing the over 300,000 green cards that have gone unused due to bureaucratic delays to support our high-growth industries of the future;
o Promote STEM education by granting foreign-born students more flexibility to stay in the U.S. and gain employment after graduating; and
o Allowforeign-bornentrepreneursandU.S.patentholdersthechancetostayinthe United States to grow their business, create jobs and raise families that will go on to enrich our country.

● Make naturalization easier for the nearly 9 million immigrants who are currently eligible for citizenship. If we are to reestablish our reputation as a nation that welcomes immigrants, we must make it easier for those already here to become full-fledged citizens. This means pursuing legislation that:
o Makesnaturalizationfreeforallwhomeetthelegalrequirementsforcitizenship;
o Eliminatesapplicationbacklogs;
o Reforms the application process so that individuals are mailed a pre-filled application form as soon as they meet the legal requirements for citizenship;
o Increaseslegalservicesfundingforthosewhoneedit;and
o Establishesequaltreatmentofallcitizens–naturalizedandnative-born–rejecting the current administration’s effort to create new barriers to naturalization and stoke fears around de-naturalization.
● Bolster security and functionality of the border where trade and travel occur. Beto will draw on his lived experience at the border to push for legislation that actually supports our law enforcement and our border communities in advancing the nation’s security and protection from all threats. This includes three steps:
o Increasing Personnel: Immediately stop the smuggling of drugs and prevent human trafficking across the border by hiring, training, and assigning additional CBP personnel at land border crossings;
o Strengthening Infrastructure: Investing in smart, long-term border security by improving existing ports of entry and constructing new ones, investing in evidence-based, cost-effective technology, and supporting federal grant programs that provide resources to both state and local law enforcement and our border communities; and
o AddressingFailures:Ensuringthatweremainanationoflawsbyaddressingvisa overstays through better tracking of and notification to visa holders and fully harmonizing our entry-exit systems with Mexico and Canada.
● Ensure transparency and accountability in law enforcement, including ICE and CBP. Beto will also continue to champion and build upon his previous proposals to:
o CreateanindependentBorderOversightCommission,anOmbudsman,andBorder Community Liaison office;
o Create a uniform process for tracking and preventing migrant deaths along the border; and

o Increase accountability from ICE and CBP personnel through improved training and continued education courses.
IN OUR OWN IMAGE
The following are first-hand testimonials from immigrants in El Paso and across America
Jose Ochoa, business owner
Santa Teresa, NM
“I was born and raised in Mexico and studied engineering. In 2003, I moved to Juarez and worked for multiple global companies in their engineering and packaging operations, but after three years, I knew I wanted to start my own company. One of my colleagues and I teamed up and we opened our own businesses – one in Juarez and one in El Paso – embracing the binational relationship and trade partnership between the United States and Mexico. Today, that company employs nine people in El Paso, and I recently started my third business in America: a consumer electronics corporation established in New Mexico with an e- commerce presence and a physical store in Texas.
“In 2017, our El Paso business, Global Containers & Custom Packaging, was named Exporter of the Year by the El Paso Small Business Administration. Small businesses are the top generators of our economy – we want to generate value, impact our communities and keep employing more people. And if I can help other entrepreneurs and immigrants to be successful here in America – that’s what makes me happy.”
Jose David Burgos, MD, doctor and business owner
El Paso, TX
“I was born in Venezuela as the son of Colombian immigrants. I studied medicine in Venezuela, but because of the political climate there, I came to the United States in 2005, enrolled in school and started preparing for my medical boards while doing research at the University of South Florida. I then had the chance to do my residency at Texas Tech, where I also worked as a professor of internal medicine and after that I started working at the University Medical Center in El Paso. Now, I serve as Medical Director at UMC and have opened two medical clinics in the area, including an urgent care facility. My family also recently opened a restaurant in El Paso.
“Both my wife and I are immigrants and we both had the opportunity to become American citizens. It was a lengthy and painful process, but I am grateful that we have been able to make a positive impact in our community and bring positive change to the area. I am living proof the American Dream is alive, and now I am able to support and encourage other hardworking physicians who are looking for the same chance.”
III. RESTORING OUR STANDING AND ENSURING REGIONAL SECURITY BY BEING A PARTNER FOR PROSPERITY AND SECURITY IN LATIN AMERICA
Consistent with this broad vision, Beto’s plan strengthens our partnership with our neighbors throughout the Western Hemisphere and will be implemented alongside partners in the Northern Triangle and across the region. His foreign policy will increase our engagement within the hemisphere, elevate the importance of Latin America, refocus on supporting democracy and human rights, end our failed war on drugs, and invest in reducing violence and combating climate change, because the only path to regional security runs through a more democratic and prosperous Latin America.
● Join with the people of the Northern Triangle to fight violence and poverty and bolster our shared security and prosperity. Beto will bring a whole of government approach to our investment in the Northern Triangle, recognizing that what we have done in the past is not enough. We must convene our regional partners to do more, faster, if we are serious about reversing the instability that drives forced migration. This means:

o ConveninganewandimprovedPartnershipforProsperityandSecuritybycalling upon our allies and friends across the Americas to form a regional alliance dedicated to creating stability and economic prosperity across the continent, beginning in the most precarious countries;
o Investing $5 billion in the region primarily through non-governmental organizations, community groups (such as Municipal Crime Prevention Committees) and congregations, and public-private partnerships, while galvanizing new financial support from Canada, Mexico, and other international partners, and transforming the development approach that these resources advance, by
▪ Supporting community-based violence prevention strategies and encouraging an end to militarized public security and the global war on drugs – which has become a war on people and fails to recognize the real threat of addiction;
▪ Promoting democratic infrastructure, labor rights, civil rights, and human rights;
▪ Supporting the growth of small-scale farming and access to markets;
▪ Providing agricultural technical support to increase adaptation to climate
change and improve the use of natural resources;
▪ Elevating job, training, and educational opportunities for youth;
▪ Strengthening strategies to address the specific needs of women and girls;
▪ Improving access to health care, clean air, and clean water; and
▪ Supporting adoption of crop insurance and catastrophic insurance, especially as a powerful tool in the face of a changing climate.
● Address systematic impunity, corruption, and weak institutions. Beto will also be firm with the economic and governing elites of the Northern Triangle, who must do their part. For too long these elites have benefited from the status quo. Real change will require their full engagement and, as President, Beto will demand it. That means if they want access to the United States – to do business, to vacation, to send their kids to college – they must commit to ending corruption and self-dealing. They must pay their taxes and invest in their broader communities. They must hold their elected officials accountable.
● Strengthen Mexico and Latin America’s capacity to contribute to regional security, by supporting the United Nations’ Refugee Agency’s (UNHCR) work and the development of strong asylum and refugee protection systems in Mexico and across the region, to manage migration flows from the Northern Triangle, specifically by:

o WorkingwithUNHCRtoexpandthecapacityofMexico’srefugeesystemandto collaborate with Mexico on asylum seekers who are both traveling to and through Mexico; and
o Launching a regional resettlement initiative, including building a safe and comprehensive repatriation and reintegration program.
IN OUR OWN IMAGE
The following are first-hand testimonials from immigrants in El Paso and across America
Evelyn, survivor of human trafficking
Silver Spring, MD
“I came to this country when I was 9 years old. I had no idea that I didn’t come here legally, and I was forced into modern-day slavery for the next seven years. With the help a local church and law enforcement, I was able to escape the system I was forced into, get a visa, and I eventually became a naturalized citizen. I got my GED, went to community college, saved money, and in 2016 received my Bachelor’s Degree. Becoming a naturalized citizen enabled me to do more work helping survivors of human trafficking find jobs and start new lives for themselves. It also enabled me to travel across the United States and abroad to educate people about human trafficking and how many people who come to this country and don’t have legal status are victims of violence or horrible situations often without anywhere to turn.”
Carlos G. Maldonado, J.D., immigration lawyer
El Paso, TX
“I came to the United States from Quito, Ecuador when I was 16 without knowing a word of English. I had always wanted to become either a doctor or a lawyer, but after navigating the difficult and complicated immigration system myself, I knew I wanted to go into law to help others have the chance to start and build their lives in America too.
“It took me almost 18 years to finally be able to become a United States citizen. For the first 13 years I was here – even though I had finished law school and was here legally – I never once left the country because I feared I wouldn’t be able to return or that it would slow down my immigration process. I finally became a U.S. citizen in 2018 – and that day was the best day of my life. It was honestly a dream come true. I was relieved, happy and thankful all at the same time. I am so honored today to be able to say that I am an American, and I’m honored that through my work every day I am able to help others navigate the immigration process and have a chance at the American Dream too.”

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Immigration cannot be successfully addressed or reformed without correcting the current unconstitutional and totally dysfunctional Immigration Court system and replacing it with an independent Article I Immigration Court that complies with our Constitution and guarantees constitutional due process as well as efficient, professional, de-politicized judicial and docket administration.

As our current failed Immigration Court system proves every day, all of our legal and constitutional rights are meaningless without a fair, independent, and impartial forum in which to vindicate them. Injustice to one is injustice to all!

PWS

06-01-19

“FALSE COURTS” OPERATING UNDER UNETHICAL & INAPPROPRIATE EXECUTIVE CONTROL KEY TO GULAG’S PURPOSE OF EXTINGUISHING DUE PROCESS THROUGH DURESS, MISTREATMENT, & DEHUMANIZATION — Would A “Real” Court System Participate In Such a Charade? — “America’s immigration system takes the myth of due process and turns it on its head.“

https://www.nytimes.com/2019/05/31/opinion/power-asylum-seekers.html?smid=nytcore-ios-share

Former Border Patrol Agent and author Francisco Cantu writes in the NY Times:

Seeking Refuge, Legally, and Finding Prison

Power is condemning lawful asylum seekers to a system designed for criminals.

By Francisco Cantú

Mr. Cantú is a former Border Patrol agent and an author.

May 31, 2019

For more than seven months, Ysabel has been incarcerated without bond at an immigrant detention center in southern Arizona, part of a vast network of for-profit internment facilities administered by private companies under contract with the Department of Homeland Security.

I visit Ysabel (who has asked not to be identified by her real name for her protection) every two weeks as a volunteer with the Kino Border Initiative, one of ahandful of migrant advocacy groups running desperately needed visitation programs in Arizona, including Mariposas Sin Fronteras and Transcend. As volunteers, our primary role is to provide moral support; facilitate communication with family members and legal service providers; and serve as a sounding board for frustration, confusion and, often, raw despair.

Ysabel and the other asylum seekers we visit often ask for simple forms of support, such as small deposits into their commissary accounts to let them call relatives or purchase overpriced goods like dry ramen, tampons, shampoo or headphones for watching telenovelas. They often ask us to send them books in Spanish — one of the few things that they are permitted to receive through the mail without clearance from a property officer. Large-print Bibles are the most popular, along with books of song and prayer, bilingual dictionaries and English course books, romance novels, and other books that provide ways to pass the time — word puzzle collections, coloring books, books for learning how to draw and instruction manuals for making origami figurines.

Ysabel arrived at the United States border last October after leaving her home and two children in eastern Venezuela. The region she fled was plagued by disorder long before the more widely reported upheavals of recent months, suffering frequent power outages, widespread violence and unrest, and severe shortages of food, water and medication. In the years leading up to her flight from the country, Ysabel told me that she had been kidnapped, robbed at gunpoint multiple times and shot at during an attempted carjacking.

Like millions of her compatriots, Ysabel became disillusioned after her government failed to provide even the most basic security and public services. She joined a local opposition movement, and after participating in several antigovernment demonstrations, she was marked as an enemy of the governing regime. After her house was raided by Venezuelan intelligence forces, she decided to leave for good.

To get to the United States, Ysabel went to Caracas before embarking on nearly three weeks of circuitous travel via airplane, car, bus and taxi. She journeyed through Panama City, Bogotá, Cancún, Mexico City and Mexicali, before finally arriving in San Luis Rio Colorado, a Mexican border town adjacent to Yuma, Ariz., where she presented herself to be considered for asylum at the designated port of entry.

Image

CreditMaddie McGarvey for The New York Times

Ysabel, it should be noted, has now been detained for more than half a year despite following American immigration and asylum laws to the letter. When interviewed by officials from the Department of Homeland Security, she was quickly found to have a legitimate fear of returning to Venezuela. Nevertheless, like tens of thousands of asylum seekers like her, she has been made to endure the suffocating precarity of our criminal justice system despite never having committed, nor ever being accused of, a crime.

THE BIG IDEAS: WHAT IS POWER?

A special section of The Times’s philosophy series, The Stone, in which more than a dozen notable thinkers and writers answer the question, “What is power?” The entire series can be read here.

Instead of appearing in criminal court, those who seek asylum in the United States undergo civil proceedings. Public defenders are not provided in civil court, so most migrants and asylum seekers receive no legal counsel as they fight their immigration cases, instead relying entirely on pro-bono legal services like The Florence Project, Arizona’s only nonprofit dedicated to representing migrants. According to a 2016 report by the American Immigration Council, only 14 percent of immigrant detainees are represented by an attorney — a number that has likely fallen with recent increases in asylum seekers arriving at the border. The overwhelming majority of those without lawyers — almost 91 percent — have their cases rejected

America’s immigration system takes the myth of due process and turns it on its head. Instead of a presumption of innocence, migrants face the assumption of inadmissibility. They are tasked with demonstrating that they face a certifiable risk to their lives, though in most of their home countries there are few tangible ways to document their plight. Asylum seekers are thus saddled with a confounding burden of proof in an entirely unfamiliar legal system.

Image

CreditMaddie McGarvey for The New York Times

Our detention and deportation system is further obscured by a Kafkaesque, multi-agency bureaucracy that must be navigated in a language foreign to most of those ensnared in it. Even along the border with Mexico, prison guards and judges often do not speak or understand Spanish, distancing them even further from the population over whom they wield staggering control. This, in turn, exacerbates the vulnerability of detainees and their families, who are commonly preyed upon by lawyers, bail bondsmen and a microeconomy of individuals offering dubious document preparation, translation support and myriad other “services.”

In Arizona, the immigration judges who decide cases inside detention facilities are often notorious for their hard-line approach. For instance, from 2013 to 2018, one southern Arizona judge, John W. Davis, denied 96.9 percent of his cases, granting only nine asylum claims out of the 291 that came before him (the nationwide denial rate during this same period was dramatically lower, at 57.6 percent). In one two-year stretch, Judge Davis ordered the deportation of every single asylum seeker who entered his courtroom.

Despite all the odds stacked against her, Ysabel was granted asylum by a federal immigration judge in February, winning her case even without a lawyer. When I visited her a few days after the decision, she was visibly changed, carrying herself with a lightness I have rarely seen inside the walls of the detention center. After half a year suffering the oppression of uncertainty, a path had finally been laid out before her. Any day now, she told me, she would be released, the exit door into America finally opened.

Days and weeks passed, however, and still the door remained inexplicably shut. Week after week, I arrived at the detention center expecting Ysabel’s name to have disappeared from our list, only to find her sitting again in the visitation room among the other women seeking refuge — mothers, grandmothers, sisters, daughters. Each time we spoke, her freedom seemed to be slipping further away. The government had asked that her release be delayed while officials prepared an appeal. The deadline to file came and went without Ysabel receiving any updates regarding her case. Finally, she heard that the government had indeed filed its appeal, but she was given no follow-up court date — the one piece of information that allows detained asylum seekers to build a potential timeline for their near future, the single point around which some glimmer of hope might coalesce.

RELATED

Opinion | Francisco Cantú

Cages Are Cruel. The Desert Is, Too.

June 30, 2018

Ysabel’s case, I later determined after an hour of being referred from one phone line to another, had been transferred to the Board of Immigration Appeals — America’s highest administrative body for interpreting and applying immigration law. When I finally got ahold of someone from the office to inquire whether a court date had been set for Ysabel’s case, I was told that there was none. Instead of holding hearings, the court decides most cases behind closed doors, usually based solely on “paper review.” When I asked if the office could estimate how long it might take for a decision to be reached, I was told bluntly “there’s no timeline for the board.”

The power the government wields over Ysabel’s fate is difficult to fully grasp. The purgatory she and other asylum seekers are made to endure often lasts for months or even years. All across the country, migrants like her are being shut off from public view in hundreds of facilities that are largely unaccountable to the outside world. Few other countries are engaged in imprisoning noncriminals at such a scale: According to the Geneva-based Global Detention Project, the American immigration detention system is the largest in the world, and one of the few that locks up migrants in criminal-style prisons.

An internal report conducted by U.S. Immigration and Customs Enforcement (ICE) in 2009 plainly states that the agency’s detention model “relies primarily on correctional incarceration standards designed for pretrial felons,” standards that, ICE admits, “impose more restrictions and carry more costs than are necessary.” But these costs represent immense profits for the private detention industry: In fiscal year 2016, roughly two-thirds of all detained migrants (more than 260,000 people) were held in for-profit facilities, generating more than $4 billion in revenue.

Prolonged detention magnifies the most dehumanizing elements of the migrant experience — the commodification of bodies that occurs as migrants are trafficked, the dangers they endure along our militarized border and the criminalization thrust upon them from the moment they cross it. All of that is concentrated within the walls of the detention center. The women I meet feel this keenly. “I hope I can soon leave these four walls,” they tell me, because within them, “it’s like we are animals.”

The acute power of this dehumanization is also meant to serve as a tool of deterrence. Deterrence, after all, has become the underlying philosophy of border enforcement — the ever-growing danger and expense of crossing our Southwestern deserts, the horrifying prospect of parents being separated from their children, the destabilizing uncertainty of being imprisoned with no end in sight. All of it is meant to discourage, dissuade and ultimately break the spirit of the would-be migrant.

One of the women I visit regularly, a 57-year-old grandmother from Guatemala, recently admitted to me that she was considering dropping her asylum claim in order to be deported as soon as possible. The power she felt crushing her after more than half a year of detention was becoming even more unendurable than the overwhelming fear that led her to flee her home in the first place. “No puedo aguantar mas,” she told me — “I can’t take it any longer.”

This, I wanted to tell her, was the system working as it was designed. Instead, I told her not to lose faith, not to give up, wondering all the while if the refuge she sought here might be withheld from her forever.

Francisco Cantu is a former Border Patrol Agent and the author of “The Line Becomes a River: Dispatches From the Border.”

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.

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Beneath all of the Trump Administration’s diversionary tactics and overt White Nationalist racism is an even more disturbing truth: our country is systematically denying due process, fundamental fairness, and humane treatment to those who, unlike Trump and his scofflaws, are actually following our laws and deserve a “fair shot” at receiving life-saving protection.

Folks like Yasabel pose no “threat” to the United States other than the color of their skin. But, Trump, Stephen Miller, Bill Barr, and the rest of the Trump sycophants, their supporters, and their GOP enablers, pose an existential threat to our continued existence as a nation.

Outrageously, the U.S. Immigration Courts, supposedly a courageous bastion of protection for the legal and constitutional rights of asylum applicants and others against Government overreach, have become “weaponized” under Barr and Sessions. Now, they function as tools of repression, not justice.

Nobody, and I mean nobody, in the United States will escape the eventual consequences of the systemic abuses of our legal system and human dignity being carried out under our noses by the Trump Administration through the seriously corrupted Immigration “Court” System.

Yes, 1939 can happen in America, and it’s coming closer all the time! Trump’s disgusting rhetoric is the same as fascists before him: hate, shame, blame, vilification and dehumanization of the innocent and most vulnerable.

Wake up, before it’s too late! Join the New Due Process Army and fight against this Administration’s vile White Nationalist Plan to destroy our country!

PWS

06-01-19

OUR AMERICAN GULAG: As Cowardly Trump Whines About The “Threat” Posed By Individuals Exercising Their Legal Rights At Border, His Administration Continues To Illegally Hold Children In Substandard Conditions — ABA President Bob Carlson Speaks Out Against This Violation Of Human Rights!

James Hohmann reports for the Washington Post’s “Daily 202:”

— Hundreds of minors are being held at U.S. facilities at the southern border beyond legal time limits. Abigail Hauslohner and Maria Sacchetti report: “Federal law and court orders require that children in Border Patrol custody be transferred to more-hospitable shelters no longer than 72 hours after they are apprehended. But some unaccompanied children are spending longer than a week in Border Patrol stations and processing centers, according to two Customs and Border Protection officials and two other government officials. … One government official said about half of the children in custody — 1,000 — have been with the Border Patrol for longer than 72 hours, and another official said that more than 250 children 12 or younger have been in custody for an average of six days. …

“The McAllen Border Patrol station, a facility near the southern tip of Texas that is routinely overwhelmed, was holding 775 people on Tuesday, nearly double its capacity. The Washington Post this week made a rare visit inside the facility, where adults and their toddler children were packed into concrete holding cells, many of them sleeping head-to-foot on the floor and along the wall-length benches, as they awaited processing at a sparsely staffed circle of computers known as ‘the bubble.’ … Experts say transferring children out of detention facilities as quickly as possible is critical, especially for ‘tender age’ children — those 12 or younger, who face physical and mental health issues even during short periods in detention. They sleep fitfully, do not eat well and suffer anxiety, said Amy Cohen, a child psychiatrist and expert witness in the Flores case.”

— Border agents apprehended 1,036 migrants in a record roundup near El Paso earlier this week. The apprehensions, which included 63 children traveling alone, reflect an uptick in the number of large groups trying to cross the border. Border agents apprehended a group of 424 migrants, the previous record, just last month. (NBC News)

Here’s the statement of ABA President Bob Carlson:

May 31, 2019

Statement of ABA President Bob Carlson, Re: Improper Detention of Immigrant Children

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WASHINGTON, May 31, 2019 — The American Bar Association is deeply disturbed by reports that hundreds of unaccompanied children seeking refuge in the United States are being held by the U.S. Border Patrol in violation of the law and federal policies.According to federal law and court orders, immigrant children generally cannot be held by law enforcement for more than 72 hours before being transferred to shelters that are better equipped to care for their physical and psychological needs. Yet news reports cite recent federal data that hundreds of children, many aged 12 and younger, have been held in Border Patrol custody for an average of six days, in facilities that are intended to be short-term processing stations.The current situation is unacceptable. Leaders at every level of the federal government, including the White House and Congress, must immediately find legal and humane alternatives that relieve the suffering of these children – and then work to create and fund comprehensive, long-term solutions.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/newsand on Twitter @ABANews.

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How “gonzo” has our country become? Our dishonest and unqualified “President” makes idiotic threats against our “friends” because his Administration has been too maliciously incompetent to deal with a relatively predictable flow of individuals merely seeking to exercise their legal rights. Somehow, the mess in Central America, for which we share a great part of the blame, becomes Mexico’s problem to solve. But, while the vast majority of those arriving at our borders are surrendering themselves to apply under our laws, the Trump Administration is violating the law on a grand scale by mistreating children and others in detention.

In a rational country, there would be a massive, bipartisan, expedited movement to remove this unqualified demagogue from office before he does more damage to our country and our world. But not in today’s America.

Sadly, that appears to be the real meaning of “American exceptionalism.”

PWS

06-01-19

HISTORY: CHINESE WORKERS MADE AMERICA GREAT BY BUILDING THE TRANSCONTINENTAL RAILWAY: Their “Reward” From A Racist Nation: Deportation, Exclusion, Bias!

https://www.washingtonpost.com/outlook/racists-deported-my-chinese-ancestor-he-still-loved-the-railroad-he-worked-on/2019/05/16/cac91328-75ac-11e9-b7ae-390de4259661_story.html

Ava Chin writes in the Washington Post:

One of the earliest stories I heard as a child was that my immigrant great-great-grandfather worked out West on the first transcontinental railroad. Yuan Son, along with tens of thousands of other Chinese workers, blasted tunnels, carved footholds and laid grade at death-defying heights through the most arduous parts of the Sierra Nevada, miraculously making it out alive. I envisioned him tough and swashbuckling — a cross between my tall, bartender grandfather, who often told me these stories while smoking a Marlboro in our home in Queens, and Yosemite Sam.

My great-great-grandfather and his fellow laborers toiled around the clock in rotating shifts, handling explosive nitroglycerine, blasting through miles of granite, hauling tons of rock and dirt, even in upwards of 30 feet of snow. They endured brutal working conditions we would consider unconscionable today to complete the most difficult sections through the Sierra Nevada — the same terrain that stopped the ill-fated Donner Party in its tracks — and finally out to Nevada and Utah’s blistering desert heat. They were paid less and worked longer hours than their Irish or American counterparts, and they had to provide their own food and accommodations. Although some claimed it could never be done, Yuan Son and other Chinese workers completed the task in record time.

It wasn’t until, as an adult, I traveled to Promontory Summit, Utah, and saw the site of the railroad’s completion with my own eyes that I realized the true weight of this legacy. The railroad is a complicated affair for Chinese American descendants like me: The greatest U.S. engineering feat of the 19th century may have physically unified the country when it was finished in 1869, but this new network of rail also brought scores of white workers to the West, many of whom grew resentful when they saw Chinese holding down jobs they considered rightfully theirs. Not 15 years after the completion of the railroad, this ire, coupled with a severe economic depression, helped usher in the Chinese Exclusion Act — the country’s first major federal law that limited immigration based on race, class and nationality — setting the tone for future wide-reaching restrictive immigration policies.

My great-great grandfather was a teenager when he arrived in California, a mere boy, one of upwards of 20,000 Chinese, mainly from the Pearl River Delta area (in Guangdong province), who made up the majority of the Central Pacific Railroad workforce. He, like most of the others, was raised in a poor farming family, in a country that had been hammered by drought, famine, Western colonialism, warlordism and one of the bloodiest civil wars of the 19th century — conditions that would look familiar to many refugees and migrants today. So when the opportunity arose to feed his family by working for a railroad an ocean away, he took it.

As a schoolgirl, I scanned the official photograph that came to symbolize the railroad’s completion — engineers shaking hands, flocks of laborers posing for the camera, the champagne toast, a carefully choreographed scene — more than 100 years later, searching for faces like my great-great-grandfather’s. Only white faces stared back. Chinese workers were written out of this triumphant American story.

Their contributions were already being erased when Chinese Exclusion was enacted, and soon followed by a tsunami of anti-Chinese violence that swept across much of the West — lynchings, expulsions, boycotts of Chinese businesses, politicians jumping on the bandwagon. Nativism was as popular and potent then as it is today. Yuan Son, now an entrepreneurial shop owner, had happily settled in Idaho, where, after the railroad’s completion, Chinese made up close to 30 percent of the population. Although he had been living in the country for almost 30 years, one day he was forced out of his home at gunpoint by a band of masked vigilantes.

Despite these hardships, Yuan Son resettled back into life in China and surprisingly spoke of the work he had done on the railroad with great pride. He even taught my grandfather his first words in English: “Central Pacific,” “Southern Pacific” and “Union Pacific.” My chain-smoking grandfather repeated these names back to me through his ringing Cantonese intonations, in our home half a world away, as if he were a conductor calling out stations.

As the Trump administration attempts to rally support for ever more stringent immigration policies, I can’t help reflecting on railroad pioneers like Yuan Son. These men risked their lives hammering and detonating gunpowder, surviving avalanches and extreme conditions — engaging in the kind of backbreaking, chisel-to-granite “bone-work” that others refused to do. I am confronted by this complicated history, even as some wave patriotic flags amid cries to “make America great again.” One hundred and fifty years ago, my grandfather’s grandfather did help make this nation great, along with scores of his countrymen. It didn’t stop him from getting booted out, decades later, simply for being Chinese.

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Like it or not, supporting Trump means “buying in” to his noxiously false “Whitebread” vision of America’s past and future. It is also to disingenuously decline to recognize our true immigrant heritage and the overwhelming contributions of immigrants of color, enslaved Americans, immigrant women, and native Americans in making America great.

Sadly, the Chinese weren’t the only ones “airbrushed out” of the triumphant picture of the Transcontinental Railroad’s completion. Blacks, women, and Native Americans also made major contributions while suffering disproportionately; yet, they also received little or no appreciation or recognition.

Here’s a “differently take” on the ‘golden spike ceremony.:”

PWS

05-31-19

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