WHY BIDEN’S CRUEL, ILLEGAL, IGNORANT BORDER NON-POLICY OF DETERRENCE WILL CONTINUE TO BE A “KILLER ☠️FAILURE” 🤮 — Telling Folks “Doomed In Place” ⚰️ What They Already Know, That The Potential Life-Saving Trip Is “Dangerous” ⚠️ & That White America Would Rather See Them Die, 💀 Out Of Sight & Out Of Mind, Is As Insulting As It Is Stupid & Ineffective!

https://www.washingtonpost.com/local/filmmaker-darien-gap-black-migrant/2021/10/02/b0bbb85a-230b-11ec-8200-5e3fd4c49f5e_story.html

Theresa Vargas reports for WashPost:

. . . .

“I believe when I go to do this work, I need to integrate myself into the lives of the people I’m covering,” he says. “I don’t want them to see me as above them. We’re on the same level; we’re human.”

That context is needed to understand why Dennison entered the Darién Gap several weeks ago and why, unlike other photographers and videographers, he didn’t take any security guards with him.

That decision would end up giving him a different experience from that of others who have gone there to document the harrowing passage. They have left that jungle and come home with photos that show the horrific struggles of others. He almost didn’t leave the jungle, and he came home with only a fraction of the photos he took and with his own horrific story.

“What he’s been through is horrible and really disturbing,” says Erika Pinheiro, a lawyer who is the litigation and policy director of Al Otro Lado, an advocacy and legal aid organization that serves migrants, refugees and deportees on both sides of the U.S.-Mexico border. The organization has been working with Dennison to create a film that captures the experiences of U.S.-bound Black migrants.

“The only way to understand it is to see it, and that’s what he’s providing,” Pinheiro says. “It’s really important that people understand what’s happening, and that it’s not over in Del Rio.”

The Biden administration recently cleared out a border camp in Del Rio, Tex., where an estimated 15,000 migrants, most of them Haitian nationals seeking asylum, had gathered. The clearing out of the camp came after viral images and video footage showed Border Patrol agents on horseback grabbing migrants and charging at them. In one video, a young girl in a mint-green dress scrambles to get out of the way of a horse heading toward her.

President Biden decried the agents’ actions, and the Department of Homeland Security opened an investigation into the incident.

But what happened in Del Rio captures only part of what many Haitians experience to get to the United States. Many pass through the Darién Gap, some with children in tow and infants strapped to their backs or chests. Officials in Panama have said that a record 70,000 people traveled the 66 miles through the terrain this year.

Before going, Dennison did extensive research on what to expect: spiders with bites that can cause death within six hours, criminals who routinely rob travelers, and polluted water that if not filtered can sicken you. But nothing, he says, could have prepared him for what he experienced.

“When you’re in the jungle, you’re no longer a filmmaker,” he says. “You’re no longer a humanitarian. It becomes about survival.”

. . . .

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

Read the full story at the link.

Sad as truth is, it’s not rocket science:

Desperate people do (and will continue to do) desperate things;
For forced migrants, the dangers of staying will always exceed those of leaving;
“Die in place” isn’t a “policy;”
“Deterrence only” can’t work in the long run;
While institutionalized racism has a long history in U.S. immigration policy, it’s never been a good policy for America, nor will it ever be!

Honestly, where does the Biden Administration get these folks who don’t “get the obvious,” lie about it, and then expect good results?

Right now, after nearly eight months, the Biden Administration still appears to be in no better position to process the next border influx than they were on January 20, despite numerous warnings and eight months of graphic practical and humanitarian failures. Racially charged rhetoric and more cruel, wasteful, dishonest enforcement and removals won’t do it!

We need reopened legal border ports of entry staffed with more and better Asylum Officers overseen by a pragmatic progressive corps of expert Immigration Judges and a BIA composed of progressive asylum experts with the guts to knock heads and get our broken border legal system back to functionality. To state the obvious, that would promote consistency, transparency, and take some of the pressure off of the Article III Courts!

Because neither Mayorkas nor Garland is committed to taking the bold actions necessary to change the dynamics at the border, America, the Biden Administration, and vulnerable legal asylum seekers appear headed for another four years of avoidable failure with all of its unhappy human and political consequences!

🇺🇸Due Process Forever!

PWS

10-03-21

🤮🏴‍☠️GARLAND DOJ “POLISHES” OTHERWISE LACKLUSTER LITIGATION RECORD WITH BIG WIN FOR STEPHEN MILLER & HIS NEO-NAZI ANTI-ASYLUM POLICY! — “ There was no science involved, only anti-immigrant and anti-asylum animus.”

So far, defending this guy and his cruel policies is about the only thing that Judge Garland has done well at a DOJ that continues to treat “justice” for migrants of color as a joke! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

“Floaters” — Unlike Miller, the “losers” under Garland’s unconscionable policies often aren’t in a position to complain — at least in this world! EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

https://www.dailykos.com/story/2021/10/1/2055491/-Appeals-court-allows-Biden-admin-to-keep-deporting-families-under-Stephen-Miller-Title-42-policy

Gabe Ortiz reports for The Daily Kos:

On Thursday, a federal appeals court allowed the continued use of the Title 42 policy, pushed initially through the previous administration by Stephen Miller, that’s used the novel coronavirus pandemic as an excuse to quickly deport asylum-seekers, including thousands of Haitians who have arrived at the southern border in search of help.

The Biden administration was set to be blocked from using the policy against families, following a federal judge’s order earlier this month. That lower court order was set to go into effect Thursday. But the policy was saved by the Biden administration, which had shockingly appealed the lower court’s decision. To be clear, the administration could have let the lower court decision stand. But it decided to protect this scientifically unsound order for continued use.

“It’s troubling to see the court grant the government’s motion to reinstate Title 42 just days after the district court ruled that its policy violates U.S. law,” Oxfam America global policy lead Noah Gottschalk told NBC News. The group is among the organizations that have led lawsuits against the policy. “We all saw the horrific images of the abuse faced by Haitian asylum-seekers subjected to Title 42, and we cannot allow people to face further harm because of this xenophobic policy.”

Department of Homeland Security Sec. Alejandro Mayorkas has claimed it is continuing Title 42 “out of a public health need.” Meanwhile, White House Press Sec. Jen Psaki has defended the policy as “a public health requirement.” That’s complete bullshit. “Vice President Mike Pence in March directed the nation’s top disease control agency to use its emergency powers to effectively seal the U.S. borders, overruling the agency’s scientists who said there was no evidence the action would slow the coronavirus,” The Associated Press (AP) reported last October.

The previous administration got its way by twisting arms. There was no science involved, only anti-immigrant and anti-asylum animus. “That was a Stephen Miller special. He was all over that,” a former Pence aide told the AP.

And, as vaccines have become readily available, the supposed rationale to keep Title 42 in place has only gotten more flimsy. If this is truly all about public health, why not rescind the policy and offer families the single-shot Johnson & Johnson vaccine? “Let me also remind the Biden administration that over 300,000 people cross the border from Mexico every day through ports of entry,” American Immigration Council Policy Counsel Aaron Reichlin-Melnick tweeted in July. “None are given COVID tests, unlike migrants who all get tested and nearly all get vaccinated.”

. . . .

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

“Miller Lite” – Garland’s Vision of “Justice @ Justice” for Communities of Color — Progressive human rights experts and migrants of color haven’t been welcome at Garland’s DOJ “Happy Hours” where Stephen Miller’s policies, his judicial appointments, and his dysfunctional “star chamber” immigration courts are celebrated, defended, and even “enhanced!”

Read more about this legal, moral, and political travesty perpetrated by the Biden Administration with Garland’s support at the link.

When it comes to things like defending ending the reprehensible “killer-program” known as “Remain in Mexico” or protecting the DACA program, Garland’s litigation team has fared poorly.

They also have drawn raised eyebrows, even if not yet any ethical complaints, from Article III Judges for their questionable representations and disingenuous defense of wrongfully issued BIA final orders of removal.

Perhaps, part the problem is that after four years of “anything goes” often misleading, sometimes downright dishonest, defense of the Trump/Miller White Nationalist xenophobic, often misogynistic, dehumanizing agenda, their hearts aren’t in it. The other glaring problem is the obvious lack of commitment to progressive humanitarian values, due process for all, and “cleaning house” at a broken and dysfunctional DOJ that has been shown by Garland.

Obviously, Garland’s DOJ lawyers are more at home and more successful when when arguing for intellectually dishonest and unconstitutional dehumanization (or “Dred Scottification”) of “the other,” primarily individuals of color who are the most vulnerable among us.

What a totally disgraceful legacy for a guy that was once just “one Moscow Mitch” away from the Supremes! On the other hand, it now appears that the GOP right wingers wouldn’t have had much to fear from a guy who won’t stand up for liberal American democratic values or even simple human decency! I doubt that he would have presented much threat to the far-right, anti-American agenda!

🇺🇸Due Process Forever!

PWS

10-02-21

🇺🇸🏴‍☠️RACE IN AMERICA: CARRIE ROSENBAUM “GETS IT,” EVEN AS MAYORKAS, GARLAND, HARRIS & THE OTHER BIDEN HYPOCRITES PRETEND NOT TO: “Immigration reform, and a more robust application of the Equal Protection doctrine to all those inside the country, and at our borders, is necessary to move towards meaningfully dismantling systemic racism.”

Carrie’s guest blog in ImmigrationProf Blog should be be read and taken to heart by everyone who believes in a better, racially equal, America:

https://lawprofessors.typepad.com/immigration/2021/10/guest-post-by-carrie-rosenbaum-the-slippery-slope-of-systemic-racism-in-immigration-law-del-rio.html

Friday, October 1, 2021

Guest Post by Carrie Rosenbaum: The Slippery Slope of Systemic Racism in Immigration Law – Del Rio

By Immigration Prof

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The Slippery Slope of Systemic Racism in Immigration Law – Del Rio by Carrie Rosenbaum

When Senator Maxine Waters proclaimed that what we witnessed in Del Rio, Texas last week, Customs and Border Protection officers on horseback whipping black men, harkened back to slavery, she drew an age-old, but still relevant connection between slavery, Jim Crow, and anti-immigrant racism. In a press briefing, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas stated, “[w]e know that those images painfully conjured up the worst elements of our nation’s ongoing battle against systemic racism.” Yet, if both are right, where are our equality, anti-racism principles and why haven’t they been enough to dismantle systemic racism? Should U.S. anti-discrimination law inhibit anti-black and anti-immigrant racism, in the U.S. and at the border? Does it? Is there a slippery slope, such that undeterred discrimination against immigrants at the border seeps beyond the immediate individuals at the border?

Senator Waters was right to blur the boundaries of citizenship and rights in her speech. Racism begets racism, and racism towards black Haitians at the border translates to anti-black racism within the United States, just as anti-Mexican racism does not confine itself to noncitizens, and never has. Examples abound including obvious examples, like Latinx lynching of the late 1840s through 1920s (which coincided with lynching of Blacks), mass expulsion or “repatriation” of persons of Mexican descent that included U.S. citizens in the early 1920s and 1930s again via “Operation Wetback” in the 1950s and more subtle ones like exploitation and expropriation of Mexican and Central American farm workers and laborers, whether authorized or not, and colorblind or race neutral policies that fall most heavily, even if not completely, on persons from Mexico and Central America, like border jails.

While the Equal Protection clause of the U.S. constitution does not limit itself to citizens, it falls vastly short in protecting racialized people of color, especially immigrants. The U.S. treatment of Haitians in Del Rio implicates the problem of anti-black and anti-immigrant racism, and is indicative of the express and implicit bias that continues to evade remedy. It runs much deeper than the disturbing images of CBP agents on horseback, and its impacts have ripple effects.

At the same time that DHS Secretary Mayorkas decried systemic racism, he spelled out the government’s potential argument that the exclusion of Haitians, and Central Americans, and Mexicans that accompanies such brutal treatment was not discriminatory pursuant to the current state of immigration equal protection. He stated, “if we are able to expel them under Title 42 … we will do so” and announced that its application was “irrespective of the country of origin, irrespective of the race of the individual, irrespective of other criteria that don’t belong in our adjudicative process and we do not permit in our adjudicative process.”

Yet this is precisely how systemic racism flourishes. The reality is, this provision has been used to exclude the same racialized immigrants who have been subject to the worst treatment under immigration law. However, because the law is colorblind, Mayorkas can suggest that there was no discrimination. Pursuant to the Supreme Court’s 1977 Arlington Heights decision, discriminatory impact has to be accompanied by proof of discriminatory intent. Just by saying that wasn’t his (or implying it was not Congress’) intent, he can erase what too many know to be real. A new immigration priorities memo by the Agency released today stated that ““We must ensure that enforcement actions are not discriminatory and do not lead to inequitable outcomes.” It is a step in the right rhetorical direction, but does little to meaningfully address the colorblind racism that plagues enforcement.

What is the solution? Aside from a more expansive interpretation of the Equal Protection doctrine in line with Justice Sotomayor’s dissent in the Trump era Deferred Action for Childhood Arrivals case, and modest progress at the district court level in the crimmigration context, Congress could take steps to stop racial harm inflicted via immigration law and policy. By creating a path to legal status for those who not only have been here, but who have suffered the greatest harms of systemic racism, Haitian immigrants, Mexican immigrants, and others, Congress could start to undo the damage. It could also stop the relatively new practice of detaining or imprisoning migrants at the southern border, who happen to be almost entirely from Mexico and Central America, or abolish immigration prisons entirely. The policies that result in the imprisonment of Mexicans and Central Americans at the southern border now started with expulsion and imprisonment of Haitians in the 1980 and 1990s. Instead of expulsions and rumored potential imprisonment at the notorious Guantanamo Bay as was done in response to Haitians fleeing violence after the U.S. supported overthrow of democratically elected president, Jean-Bertrand Aristide, the U.S. could re-evaluate both its involvement in foreign affairs, and treatment of those who flee here after our interventions cause disruption and civil strife. The largest number of Black migrants come from Haiti and their mistreatment is rooted in anti-Black racism. Racializing anti-immigrant demonization does not confine itself to noncitizens, nor should the remedies. Immigration reform, and a more robust application of the Equal Protection doctrine to all those inside the country, and at our borders, is necessary to move towards meaningfully dismantling systemic racism.

—–

Carrie Rosenbaum

Law Offices of Carrie L. Rosenbaum

Lecturer & Visiting Scholar, UC Berkeley

Access my law review articles and scholarship on SSRN

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

Very eloquently said, Carrie!

Compare this with the racist blather and White Nationalist nonsense of nativist pols like Abbott, DeSantis, Cruz, Cotton, and others who glorify Jim Crow and seek to force a sanitized, whitewashed version of American history down the throats of the public!

Also, compare this with the intellectually dishonest actions by Biden Administration officials. They disingenuously claim to be champions of racial equality and racial justice.

But, in reality, they operate “star chamber courts,” “New American Gulags,” and implement discredited, outmoded, and ineffective “Stephen Miller Lite” border enforcement policies that basically dehumanize people of color and deny them the due process and equal protection to which they are entitled under law. Also, think about the many Federal Judges who spinelessly enable that which most first year law students could tell you is illegal and unconstitutional, not to mention totally immoral!

What exactly does Assistant AG for Civil Rights Kristen Clarke do every day at the Civil Rights Division if unraveling the White Nationalist, racially tone deaf policies of her own Department, the DHS, and the “star chambers for people of color” being operated by her “boss” aren’t first and foremost on her “to do” list?

“Floaters”

“Floaters” — The ugly reality of Biden’s “Miller Lite border strategy.” It’s mostly people of color floating face-down in the river, being illegally returned to danger zones, rotting in the “New American Gulag,” and being railroaded through Garland’s biased and dysfunctional “star chamber courts.” Right now, Garland and and the rest of of the Biden Administration have “zero (0) credibility” on racial justice and voting rights!
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

The biggest failure of the Biden Administration to date is their willful blindness to the obvious connection between lack of overall racial justice in America and running star chambers, gulags, and border enforcement policies that are unconstitutional, dehumanizing, and racially demeaning to individuals of color. Sadly, and tragically we seem to have gone from “zero tolerance” under Trump to “zero credibility” under Biden! “When will we ever learn, when will we ever learn?”

🇺🇸Due Process Forever!

PWS

10-02-21

🗽⚖️🇺🇸 JOIN MY FRIEND & NDPA SUPERHERO 🦸🏻 HEIDI ALTMAN OF NIJC IN OPPOSING INHUMANE HAITIAN DEPORTATIONS!

Haiti has been in turmoil for many years and the recent assassination of the Haitian president, political and economic insecurity, devastating storms, and an earthquake have further destabilized the nation.

Yet, Haitians seeking protection in the United States face treacherous journeys, racial abuse, violence from border patrol agents, detention, and deportation and expulsion back to the life-threatening situation they fled in Haiti.

All people—including Haitian migrants and asylum seekers—need freedom, shelter, dignity, and compassionate welcomes.

Take action now –> Sign the petition to demand that the Biden administration HALT all deportations to Haiti.

In the past couple of weeks, the Biden administration has expelled more than 4,600 people to Haiti. And they continue to deport and expel even more people.

The Biden administration has the authority to grant humanitarian parole and stop the deportations to Haiti. We at the National Immigrant Justice Center (NIJC) are teaming up with other organizations to urge them to do just that.

Join us in demanding that the Biden administration HALT all deportations to Haiti.

SIGN THE PETITION!

Thank you for taking a stand against cruelty and injustice.

-Heidi Altman
Director of Policy, National Immigrant Justice Center

Having trouble viewing this email? View it in your web browser

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

Thanks, Heidi, my friend, for all you do for American Justice, due process, and racial justice!

🇺🇸Due Process Forever!

PWS

10-01-21

🤮👎🏽FACT-CHECKING MAYOYKAS: 1) Haiti Is NOT Safe; 2) Asylum Seekers Are NOT A “Health Threat!”

Jacob Soboroff @ NBC News With Truth About Deplorable, Unsafe, Conditions Facing Those Deported To Haiti:

https://www.today.com/video/migrants-return-to-haiti-following-deportations-from-us-mexico-border-122368581881

Thousands of Haitian migrants removed from a makeshift camp near Texas have been sent back to Haiti. Now we’re getting our first up-close look at what they are facing upon their arrival. NBC’s Jacob Soboroff reports for TODAY from Port-au-Prince, Haiti.

Sept. 30, 2021

Eleanor Acer
Senior Director for Refugee Protection, Human Rights First

Human Rights First debunks myth that seekers present a COVID health threat:

ASYLUM DOES NOT THREATEN PUBLIC HEALTH

The last week saw more of the Biden administration’s despicable deportation of Haitians and use Title 42 to deny their right to seek asylum. The administration perpetuates the false claim that their use of Title 42 is not an immigration policy, but a public health one, despite the vehement disagreement of public health experts.

Courtesy Washington Times

Migrants, many from Haiti, wade across the Rio Grande

river to leave Del Rio, Texas to avoid possible deportation.

Human Rights First also responded to the administration’s plans to use Guantanamo Bay as a migrant detention facility.

“Sending people who are seeking protection to a place that is notorious for being treated as a rights-free zone is the last thing that the Biden administration should do,” Eleanor Acer, Senior Director of Refugee Protection at Human Rights First told NPR. “It is nothing more than a blatant attempt to evade oversight, due process, human rights protections and the refugee laws of the United States.”

Maria Sacchetti
Immigration Reporter, Washington Post

Even in rolling out otherwise more reasonable enforcement priorities for ICE, Mayorkas insisted on making the bogus claim that recent border arrivals present a “national security threat,” as reported by the WashPost’s Maria Sacchetti:

Mayorkas said in his memo Thursday that migrants who cross the border illegally, particularly those who arrived unlawfully over the past year or so, remain a “threat to border security” and a priority for removal. But the ACLU has argued in its lawsuit that migrants have a legal right to seek asylum.

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

“Courtside’s” rating of Mayorkas’s claims: 🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥

Who would have thought that more than eight months into the Biden Administration, we’d still be arguing about basics like “migrants have a legal right to seek asylum in the US?” See, INA section 208.

🇺🇸Due Process Forever!

PWS

10-01-21

☠️⚰️🤮👎🏽BREAKING: DC CIR. OK’s BIDEN ADMINISTRATION’S CONTINUED RETURN OF ASYLUM APPLICANTS TO DEATH ☠️ & DANGER WITH NO PROCESS!🏴‍☠️

Andrea Castillo reports for the LA Times:

https://www.latimes.com/politics/story/2021-09-30/appellate-court-oks-biden-administration-to-keep-expelling-families-under-health-law

A federal appellate court Thursday temporarily granted the Biden administration’s request to continue the use of a public health order to quickly expel migrants with children who are stopped along the U.S. border.

A lower court had given the Biden administration until Thursday to limit use of the law, while immigrant and legal advocates proceeded with a lawsuit against it. The Trump administration had invoked the 1944 health statute, known as Title 42, to close the border to prevent people from entering the country, citing concerns about the spread of the coronavirus.

The case, brought in the District of Columbia by the American Civil Liberties Union and other groups, focuses on families with children, meaning the administration can continue to expel single adults under the provision.

U.S. District Judge Emmet Sullivan found earlier this month that advocates were likely to succeed with their case. In a 58-page ruling, he wrote that migrant families subjected to Title 42 “face real threats of violence and persecution” and are deprived of statutory rights to seek protection in the U.S.

. . . .

****************
Read Andrea’s complete article at the link!

More unfair and unjustified returns of refugees to death and despair courtesy of an Administration that doesn’t care and Federal Judges unwilling to do their jobs! The dead can’t speak. But, history will judge all those involved in this disgraceful episode!

🇺🇸Due Process Forever!

PWS

09-30-21

⚖️👎🏽GARLAND’S BIA DENIES DUE PROCESS TO UNREPRESENTED WOMAN TRYING TO FILE OWN APPEAL, SAYS 9TH CIR. — Nolasco-Amaya v. Garland (2-1)

EYORE — “Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

Here’s a link to the published decision:

https://cdn.ca9.uscourts.gov/datastore/opinions/2021g/09/28/20-70187.PDFs

Here’s a “key quote” from Judge Susan Graber’s majority decision:

In summary, Petitioner’s Notice of Appeal was sufficiently specific to inform the BIA of two issues that she was challenging, given her status as a pro se litigant. Therefore, the BIA violated her right to due process by summarily dismissing her appeal. Whether Petitioner’s claims are meritorious is not before us; that question is for the BIA to decide in the first instance. We remand to the BIA for it to consider the merits of Petitioner’s claims.

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

The BIA likes to dump on unrepresented individuals with summary dismissals because it “generates numbers” and helps fulfill “production goals” without requiring much attention or thinking. As Judge Graber noted, there is no doubt that a minimally competent BIA Appellate Judge could tell exactly what aspects of the IJ’s decision the pro se respondent was challenging. Encouraged to cut corners by their DOJ overlords, the BIA simply found it more expedient to deny without answering the respondent’s objections to the IJ’s decision.

This is just a glimpse into the daily due-process-denying operations of the BIA under Garland. Sometimes, these improper actions get “outed.” But, that would be the exception. Planning to throw 200 new judges into a broken, corner-cutting system, without addressing its obvious defects, is not a a recipe for success! And, relying on this version of the BIA to keep new or incumbent IJs “in line” or promote consistency and “best judicial practices” among what would be approximately 750 IJs nationwide is simply absurd! This is the type of “solution” that only could be proposed by someone who had never represented an individual in Immigration Court!

🇺🇸Due Process Forever!

PWS

09-28-17

⚖️GARLAND’S BIA IMMEDIATELY “STUFFED” BY AMERICA’S MOST CONSERVATIVE CIRCUIT ON BOGUS ANTI-IMMIGRANT PRECEDENT! — Last Thursday, The BIA “Dissed” The Supremes Again In Arambula-Bravo — Yesterday, The Fifth Circuit Said “Not So Fast” In Rodriguez v. Garland! — Piecemeal Notice Cannot Be Basis For In Absentia Order!

Kangaroos — “Supremes? What Supremes? We work for Judge Garland @ DOJ, and he’s very, very tolerant of our anti-immigrant, pro-DHS ‘culture,’ and institutionalized poor decision-making over here at ‘his EOIR!’ Our jobs are safe, and that’s all that matters! To hell with ‘the others!’ ‘Jeffie Gonzo’ and ‘Billy the Bigot’ told us to treat migrants like the ‘trespassers’ and ‘scum of the earth’ they really are! It’s not like OUR families were ever migrants!”
https://www.flickr.com/photos/rasputin243/
Creative Commons License

Rodriguez v.Garland, 5th Cir., 09-27-21, published

RODRIGUEZ V GARLAND, 5TH ON NIZ

PANEL: Higginbotham, Willett, and Duncan, Circuit Judges.

OPINION: Judge Patrick Higginbotham

KEY QUOTE:

The initial NTA did not contain the time and date of Rodriguez’s hearing. The BIA found that the NTA combined with the subsequent NOH containing the time and place of Rodriguez’s hearing “satisfied the written notice requirements of [8 U.S.C. § 1229(a)],” directly contrary to the Supreme Court’s interpretation of § 1229(a) in Niz-Chavez which made clear that subsequent notices may not cure defects in an initial notice to appear. The BIA applied a “legally erroneous interpretation[].”23

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

Judge Higginbotham was appointed by President Ronald Reagan. Even conservative Article III Judges aren’t as anxious to snub the Supremes as the BIA.

After all, the BIA works for the Attorney General, not the Supremes. So, who cares whether their decisions comply with the rulings of the Article III Courts, so long as their political “handlers” at the DOJ are pleased with the pro-DHS outcome! That’s what happens when a “captive court” is encouraged to view itself as an extension of their “partners” at DHS enforcement, carrying out the political agenda of their DOJ superiors who control their paychecks and their career destiny!

Wow! It took fewer than three business days for Garland’s latest venture into obtuse anti-immigrant decision-making at the BIA, Matter of Arambula-Bravo, to hit a brick wall! In the 5th Circuit, no less! Back in the “old days” of the “Legacy INS,” it was a very bad sign when we couldn’t “sell” a position to the 5th Circuit!

“Courtside” saw this coming a mile away! https://immigrationcourtside.com/2021/09/25/bia-going-for-trifecta-already-rebuked-twice-by-supremes-for-ignoring-statutory-definition-of-notice-to-appear-bia-chooses-to-snub-high-court-again/

Have to wonder if Judge Garland would have been so sanguine with the dissing of the Supremes by the BIA if he had actually become “Justice Garland?”

As my esteemed colleague Judge “Sir Jeffrey” Chase noted, the position adopted by the 5th Circuit in Rodriguez:

is the same argument we [the “Round Table”] made in our recent amicus brief to the Board – in a published decision, the 5th Cir. granted a PFR and vacated the Board’s decision denying a motion to rescind an in absentia order where there was no proper service due to a defective NTA under Niz-Chavez.

By failing to replace the BIA with better qualified progressive expert judges who will issue correct precedents (even when they might benefit immigrants) and require “best practices” in the now-totally-dysfunctional Immigration Courts, Garland is further building backlog by generating thousands of unnecessary remands and reopenings. How long will it take him to reach the 2 million case mark?

“Bogus dedicated dockets,” gross misuse of the discredited “Title 42” rationale to deny due process, increased use of “expedited removal,” proposals to “rubber stamp” asylum and credible fear denials, badly skewed pro-enforcement interpretations that throw the fate of hundreds of thousands of cases into the Circuits and the Supremes aren’t going to solve the problem!

Never underestimate the adverse effects of bad judging, particularly in a high volume system where incorrect precedents result in wrong decisions in hundreds of cases every day! Conversely, you can’t overestimate the positive potential of progressive expert judges who would get the results correct at the “retail level;” force some badly needed quality control, discipline, and consistency at both EOIR and DHS; and solve problems rather than creating them!

Sadly, Garland doesn’t “get it!” And that will be a continuing unmitigated disaster for our democracy and our justice system! Such a lost opportunity!

Has Alfred E. Neumann been “reborn” as Judge Merrick B. Garland? “Not my friends, relatives, or attorney buddies whose lives are being destroyed by my ‘Kangaroo Courts.’ Just ‘the others’ and their ‘scuzzy, unimportant immigration lawyers,’ so who cares, why worry about professionalism, ethics, and due process in Immigration Court?”
PHOTO: Wikipedia Commons

🇺🇸Due Process Forever!

PWS

09-28-21

🗽🇺🇸WASHPOST: Our Need To Absorb Current Undocumented Residents & Expand Legal Immigration Remains As Clear As Ever — All We Lack Is The Political Will & Courage To Do The Obvious!

From the WashPost Editorial Board:

https://www.washingtonpost.com/opinions/2021/09/26/immigration-reform-is-back-square-one-way-forward-is-clear/

. . . .

There are enormous downsides to border disorder, to immigration policy paralysis and to leaving the fates of more than 11 million current immigrants without any path to a secure future — even beyond the reinforcement it provides to the United States’ growing international reputation for dysfunction. No one gains by the chaos except smugglers who soak desperate migrants financially on their way north in hopes of a better life. The losers include not only the “dreamers” brought to this country as children, who must live in perpetual anxiety, but also the country as a whole, which loses the value of immigrants, skilled and otherwise, who would turbocharge entrepreneurship, create jobs and help the economy grow.

There are available solutions if Congress could overcome its horror of bipartisan compromise. The goal should be to establish a realistic annual quota of immigrant visas for Central Americans, Haitians and others desperate to reach this country who otherwise will cross the border illegally — a number that recognizes the U.S. labor market’s demand for such employees. That must be supplemented by a muscular guest worker program that enables legal border crossing for migrants who want to support families remaining in their home countries.

. . . .

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

Read the complete editorial at the link.

It’s worth adding that the current “border disorder” is largely the result of White Nationalist, legally defective, anti-immigrant policies of the Trump regime compounded by the failure of Mayorkas and Garland to take the obvious, available, common sense steps necessary to reopen legal border ports of entry, to make the long overdue necessary reforms to establish a fair, efficient, and generous legal asylum system at the USCIS Asylum Offices and the Immigration Courts, and to insist on the creation of a robust, functional refugee program for Latin America and the Caribbean.

None of the this is “rocket science!” 🚀 Plenty of great blueprints for administrative reforms and the potential expert leadership to implement them were “out there for the taking” at the beginning of the Biden Administration. By dawdling, tapping the wrong leaders, and continuing enforcement policies and bad judicial practices that were proven failures, the Administration predictably put itself “behind the eight-ball” in establishing order and implementing the rule of law at our borders!

Until the Biden Administration ends its disgraceful, cowardly, illegal, cruel, ineffective, and inhumane reliance on bogus “Title 42” restrictions to suspend orderly legal processing at the border, they will continue to bobble the next predictable “border crisis.” The GOP will continue to spout nativist nonsense. Desperate people will continue to do desperate things. Only a tone-deaf Administration would continue to ignore this reality!

🇺🇸Due Process Forever!

PWS

09-27-21

🏴‍☠️MAYORKAS DOUBLES DOWN ON USE OF TRUMP’S BOGUS TITLE 42 RATIONALE TO DEPORT HAITIANS — ABSURDLY & DISINGENUOUSLY CLAIMS HAITI IS “SAFE” FOR RETURNS!

Amanda Holpuch reports for The Guardian:

https://www.theguardian.com/us-news/2021/sep/26/haiti-deportations-covid-biden-homeland-secretary-mayorkas?CMP=Share_iOSApp_Other

The US homeland security secretary, Alejandro Mayorkas, on Sunday defended the Biden administration’s decision to send thousands of Haitians to a home country they fled because of natural disasters and political turmoil.

White House criticizes border agents who rounded up migrants on horseback

Mayorkas told NBC’s Meet the Press the removals were justified because of the coronavirus pandemic, a point disputed by advocates and public health experts.

“The Centers for Disease Control [and Prevention, or CDC] has a Title 42 authority that we exercise to protect the migrants themselves, to protect the local communities, our personnel and the American public,” Mayorkas said.

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“The pandemic is not behind us. Title 42 is a public health policy, not an immigration policy.”

Since Donald Trump’s administration implemented Title 42 in March 2020, advocates and dozens of public health experts have called for its end.

Under Title 42, people who attempt to cross the border are returned to Mexico or deported to their home countries without an opportunity to test asylum claims.

In January, Joe Biden stopped the rule from applying to children. Despite that, at least 22 babies and children were deported to Haiti in February.

More than 30 public health experts wrote to Mayorkas and the head of the CDC, Rochelle Walensky, earlier this month, saying Title 42 was “scientifically baseless and politically motivated”.

This coalition has repeatedly said the policy violates the right to seek asylum and ignores how basic public health measures can reduce the spread of Covid-19.

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“Title 42 runs counter to the government’s own commitment to address Covid-19 globally,” the coalition said. “The absence of effective Covid-19 mitigation services at the border and the expulsion of people to situations in which they may be exposed to Covid-19 and unable to practice prevention are contrary to the US government commitment to address Covid-19 globally.”

On Sunday, Mayorkas told CNN about 4,000 Haitians who arrived in the past two weeks have been expelled, 13,000 others had been allowed to enter the US to pursue their immigration cases in court and 8,000 had voluntarily chosen to return to Mexico.

NBC’s Meet the Press host Chuck Todd questioned Mayorkas about why thousands were being sent to Haiti even though they had traveled to the US from South America.

“These are Haitian nationals,” Mayorkas said. “Some of them don’t have documents from the countries from which they just left. So they are subject to removal.”

. . . .

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

Of course, Haiti clearly is not a safe place to return migrants:

‘They treated us like animals’: Haitians angry and in despair at being deported from US

https://www.theguardian.com/global-development/2021/sep/26/they-treated-us-like-animals-haitians-angry-and-in-despair-at-being-deported-from-us?CMP=Share_iOSApp_Other

‘They treated us like animals’: Haitians angry and in despair at being deported from US

Haitian deportees arriving from Texas say they were ‘rounded up like cattle and shackled like criminals’

Joe Parkin Daniels in Port-au-Prince

Published:

05:00 Sunday, 26 September 2021

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When Evens Delva waded across the Rio Grande with his wife and two daughters, he had dreams of starting a new life in Florida. But less than a week later, he and his family stepped on to the tarmac in Port-au-Prince, the sweltering and chaotic capital of Haiti, with nothing except traumatic memories and a feeling of bubbling anger.

Delva, along with nearly 2,000 other Haitians, was deported from southern Texas this week to Haiti, despite having lived in Chile for the past six years and having few remaining connections to his home country. His younger daughter, who is four, does not hold Haitian citizenship, having been born in Chile, and speaks more Spanish than Haitian Creole.

“I don’t know what we’ll do, we don’t have anywhere to stay or anyone to call,” the 40-year-old said, moments after getting off the plane in the blistering midday Caribbean heat. “All I know is that this is the last place I want to be.”

Evens Delva and his wife at Port-au-Prince airport in Haiti on Friday after being deported from Texas. Photograph: Joe Parkin Daniels/The Guardian

It is not hard to understand why. Haiti, the poorest country in the western hemisphere, is mired in overlapping crises. Gasoline shortages and blackouts are a daily reality, while warring gangs routinely kidnap for ransom and wage battle on the streets.

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The grim situation only worsened when the president, Jovenel Moïse, was assassinated in his home on 7 July, triggering a political power struggle and further instability and street violence. On 14 August, a 7.2-magnitude earthquake struck the country’s poor southern peninsula, killing more than 2,200 people and leaving tens of thousands homeless.

US envoy to Haiti resigns over ‘inhumane’ decision to deport migrants

The Biden administration’s decision to deport thousands of Haitians under such circumstances drew opprobrium around the world, and prompted the US envoy to Haiti to resign in protest. Haiti is “a country where American officials are confined to secure compounds because of the danger posed by armed gangs in control of daily life”, he wrote in his resignation letter. “Surging migration to our borders will only grow as we add to Haiti’s unacceptable misery.”

Last week, the world was shocked by images of police officers on horseback charging at desperate Haitian migrants near a camp of 12,000, set up under the Del Río-Ciudad Acuña International Bridge. Delva was on his way to buy food and water for his family when the cavalry charge sent him and dozens of his compatriots running in a frenzy.

“We were rounded up like cattle and shackled like criminals,” he said, having spent the six-hour flight from San Antonio with his hands and legs tied.

“They treated us like animals,” added Maria, his wife.. “We’ll never forget how that felt.”

. . . .

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

David Shipler does a great job of exposing the hypocrisy and intellectual dishonesty of Mayorkas and other Biden Administration immigration officials.

America’s Callous Border

By David K. Shipler

Several years ago, a gray-haired passport control official at Heathrow Airport in London, noting “writer” under “occupation” on my landing card, asked me what I wrote. I was finishing a book on civil liberties, I told him, with a chapter on immigration. That caught his interest. He leaned forward, glanced around, lowered his voice and said, “I loathe borders.”

Funny line of work you’re in, I said. We shared a chuckle, he stamped my passport, and I crossed the border that he loathed.

We have nation states, and so we have borders. Dictatorships need them to keep people in, lest their countries be drained of the talented and the aspiring. Democracies need them to keep people out—often those with talent and aspiration who are fleeing to safety and opportunity. So far, the United States is lucky enough to be the latter. So far.

When desperate fathers and mothers are drawn with admiring naïveté to the beacon of America, when they carry their children through months of torment by mountain jungles and predatory gangs, when their courage and towering fortitude set them apart from the masses, shouldn’t they be embraced when they reach the final border of a nation of fellow immigrants that touts its compassion and humanity?

Cut through the crazy tangle of immigration laws, regulations, and inconsistent enforcement to the essential ethic, and the answer is an obvious yes. But the obvious is not obvious in the White House or in the Department of Homeland Security or in the ranks of the beleaguered Border Patrol, whose horsemen scramble, as if herding cattle, to intercept frantic Haitians wading from the Rio Grande onto the banks of freedom and promise.

Instead, a new torment is found: Haitians with enough grit to leave their country a decade or so ago and build lives on the margins in Brazil, Chile, and elsewhere are taken from their first steps onto U.S. soil and summarily—summarily, without due process—deported. And where to? To Haiti, a failed state where many have long since lost family or work or even places of shelter. To Haiti, which has collapsed into such violence and disarray that the State Department warns Americans on its website: “Do not travel to Haiti due to kidnapping, crime, civil unrest, and COVID-19.”

What is wrong with the air in the White House? Is there not enough oxygen? What accounts for the impaired thinking that seems to transcend administrations, from Republican to Democratic. Where is the regard for human dignity? Why is it so often absent in the calculations that create policy?

Donald Trump wore callousness on his sleeve and was proud of it. His base hooted its applause at his vilification of Mexican immigrants as rapists and drug dealers. By contrast, Joe Biden wears a badge of empathy. His mantra is compassion. “Horrible” and “outrageous” were the words he found to describe the photographed attacks on Haitians from horseback. He halted the use of horses and vowed that agents responsible “will pay.” He also said, “It’s simply not who we are.”

But it is who we are. The images have been compared to old photos of white overseers on horseback commanding enslaved Blacks in the fields. The Border Patrol in cowboy hats have been compared to Texas Rangers “who were celebrated for their excellent ‘tracking skills’ that were put to use to hunt and capture enslaved people,” said historian Monica Martinez of the University of Texas.

These are compelling analogies with painful resonance. They are also flawed as parallels, for the Black migrants at the border are not slaves. They are clamoring to be here, crossing illegally, seeing the border as a threshold. They were not brought here in chains against their will. Some are being removed in chains against their will.

Nevertheless, in a sense they are enslaved by their blackness. If white Canadians tried this up north, does anybody truly believe that they would be treated as the Black Haitians are? Animating America’s conscience should not require reaching back to the sin of slavery. The present ought to be enough.

Our borders always put our split personality on display: We are cruel and welcoming, hateful and helpful, defined by doors closed at times to entire ethnic groups and then opened to invigorate the nation with willing hands and vital contributions.

In fact, if the country is not sufficiently moved by simple morality, then it might consider self-interest. The U.S. population growth rate has been falling steadily since 2008, dropping to a mere 0.58 percent from 2020 to 2021. Many regions lack skilled workers, as homeowners and small business owners and even hospitals can testify from trying to hire carpenters, plumbers, electricians, welders, mechanics, and nurses. We should have winced when one Haitian deportee was quoted as describing himself as a welder and carpenter.

Using abuse to manipulate determined people did not work under Trump—a lesson that Biden and his advisers might have learned. Trump’s administration separated children from their parents at the border, his aides reasoning that families heading north would get the message and—what?–abandon their fortitude and survival instincts, turn around, and head back to life-threatening misery?

So, too Biden officials are reportedly figuring that tossing Haitian expatriates into Haiti’s maelstrom will dissuade others from coming. In other words, don’t be humane, and folks will give up. But they won’t give up. They will still roll the dice, because there’s always a chance, especially since some are being allowed to stay, at least for a while, pending proper examination of their asylum claims as the law requires. When your ship has sunk, you don’t stop clinging to a piece of flotsam just because some shipmates have slipped off into the sea.

What the Biden White House needs is somebody in an influential position who has made this journey, who has shepherded family and children through jungles and ganglands to reach this supposedly promised land. That official might bring to the Oval Office a glimmer of understanding and respect for the force of personality and perseverance that drive a person toward our callous border.

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

Something about the DHS Secretary job seem to require checking honesty, common sense, historical perspective, and humanity at the door, not to mention the true “rule of law.”

🇺🇸Due Process Forever!

PWS

09-26-21

BIA GOING FOR “TRIFECTA?” — Already Rebuked Twice By Supremes For Ignoring Statutory Definition Of “Notice To Appear,” BIA Chooses To Snub High Court Again — Matter of Arambula-Bravo

Obviously, THESE are the practical scholar/immigration experts who belong on the BIA:

Kit Johnson
Associate Professor of Law
University of Oklahoma Law School

Professor Geoffrey Hoffman
Immigraton Clinic Director
University of Houston Law Center

https://lawprofessors.typepad.com/immigration/2021/09/bia-distinguishes-niz-chavez-pereira-find-no-jx-problem-with-nta-lacking-timedate.html

Professor Kit Johnson reports for ImmigrationProf blog:

Thursday, September 23, 2021

BIA Distinguishes Niz-Chavez, Pereira, Finds No Jx Problem With NTA Lacking Time/Date

By Immigration Prof

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The Board of Immigration Appeals has issued a decision in Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021). Here is the summary:

(1) A Notice to Appear that does not specify the time and place of a respondent’s initial removal hearing does not deprive the Immigration Judge of jurisdiction over the respondent’s removal proceedings. Pereira v. Sessions, 138 S. Ct. 2105 (2018), and Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021), distinguished; Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018), and Matter of Rosales Vargas and Rosales Rosales, 27 I&N Dec. 745 (BIA 2020), followed.

(2) A Notice to Appear that lacks the time and place of a respondent’s initial removal hearing constitutes a “charging document” as defined in 8 C.F.R. § 1003.13 (2021), and is sufficient to terminate a noncitizen’s grant of parole under 8 C.F.R. § 212.5(e)(2)(i) (2021).

In my 2018 article, Pereira v. Sessions: A Jurisdictional Surprise for Immigration Courts, I reached the exact opposite conclusion.

I am hardly the only one to argue that such an NTA should deprive the court of jurisdiction. Immprof Geoffrey Hoffman (Houston), frequent contributor to this blog, submitted an amicus brief to the BIA on this case arguing that an NTA without time or place information is “defective” under Niz-Chavez and cannot be cured by the later issuance of a Notice of Hearing.

Now the waiting game for SCOTUS intervention begins again. I’m hoping for another scathing opinion by Justice Gorsuch. His Niz-Chavez decision was fire.

-KitJ

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

INA section 239(a) defines a Notice to Appear, the document used to initiate a removal proceeding in Immigration Court, as including, among other statutory requirements: “G)(i) The time and place at which the proceedings will be held.” Could not be clearer!

The requirements of section 239(a) are hardly onerous. Indeed, several decades ago, the Government had developed an “interactive scheduling system” that allowed DHS to specify the exact time, place, and date of a respondent’s initial Master Calendar hearing in Immigration Court.

However, rather than expanding and improving that system, DHS and EOIR decided to cut corners to accommodate the “uber enforcement” agendas pushed by Administrations of both parties over the past two decades. Their “haste makes waste, good enough for Government work approach” led them to ignore the requirements for a proper NTA and instead issue “piecemeal notices.”

This, of course, increased the unnecessary workload for already-stressed, overwhelmed EOIR Immigration Court clerks, resulted in many more defective notices, more unnecessary bogus “failures to appear,” more improper “in absentia removal orders,” more Motions to Reopen those wrongfully issued orders, and more appeals from improper failures to grant such motions. It also sent more of these preliminary matters into the Circuit Courts for judicial review.

Basically, it’s a microcosm of how an unconstitutional, non-independent “wholly owned court system” “pretzels itself” to accommodate DHS enforcement, misconstrues the law, and attempts to legitimize “worst practices” to please its political overlords, thereby creating endless and largely avoidable case backlogs — now at an astounding 1.4 million cases!

Even worse, when the backlogs finally capture public attention and “hit the fan,” EOIR, DHS, and DOJ disingenuously attempt to shift the blame and the consequences for their failures onto the VICTIMS: respondents and their long-suffering, often pro bono, attorneys! The incompetents at EOIR then cut even more corners and issue more bad precedents misconstruing the law in an attempt to cover up their own wrongdoing and that of their political masters. The latter’s understanding of how to run an efficient, due-process oriented, fair and impartial court system could be put in a thimble with space left over!

The vicious cycle of unfairness, injustice, and incompetence at EOIR continues endlessly, toward oblivion.

As Kit cogently points out, better interpretations, ones that complied with the statute and could be tailored to achieve practical solutions were available and actually submitted to the BIA. The BIA, as usual, brushed them off in favor of trying to please DHS and avoid both the statutory language and the Supremes’ clear direction.

So, something that a properly comprised BIA, composed of true progressive immigration experts and practical scholars, could have solved in a legal and practical manner, will undoubtedly head to the Supremes for a third time. We might not know the result for years, during which the BIA’s bad interpretation will generate additional potential backlog as well as unjust removals.

So, our Round Table ⚔️🛡can start perfecting our Arambula-Bravo amicus briefs now!

It’s time for a change at EOIR!

🇺🇸Due Process Forever!

PWS

09-25-21

⚖️OLD NEWS FOR “COURTSIDERS” — Garland Names Former BIA Chair & Chief IJ Hon. David L. Neal As New EOIR Director! — Can He Fix America’s Most Dysfunctional Court System?

https://www.justice.gov/eoir/pr/attorney-general-merrick-b-garland-announces-appointment-david-neal-director-executive

Department of Justice

Executive Office for Immigration Review

FOR IMMEDIATE RELEASE

Friday, September 24, 2021

Attorney General Merrick B. Garland Announces Appointment of David Neal as Director of the Executive Office for Immigration Review

WASHINGTON – Attorney General Merrick B. Garland today announced the appointment of David L. Neal as the Director of the Executive Office for Immigration Review (EOIR) at the Department of Justice.

“The Justice Department’s commitment to a fair and efficient immigration court system, governed by due process and the rule of law, is exemplified by recent policy changes and our pursuit of significant additional resources,” said Attorney General Garland. “David Neal brings invaluable experience that will help further EOIR’s mission.”

The EOIR director is responsible for the supervision of the Chairman of the Board of Immigration Appeals (BIA), the Chief Immigration Judge, the Chief Administrative Hearing Officer and all agency personnel. EOIR has more than 2,300 employees in its 69 immigration courts nationwide, at the BIA and at EOIR headquarters in Falls Church, Virginia. As provided in the President’s Budget Request for FY 22, EOIR anticipates increasing its immigration judge corps from 535 today to 734 by the end of the next fiscal year.

Most recently, Mr. Neal was a consultant specializing in immigration policy and practice. Previously, he held positions at EOIR over two decades. From 2009 to 2019, he served as Chairman of the BIA at EOIR, where he was chief judge of the appeals board and managed judicial and administrative operations. Mr. Neal served in multiple other capacities at EOIR, including as Vice Chairman of the BIA, Chief Immigration Judge, Assistant Chief Immigration Judge, Immigration Judge and Assistant to the Director.

Prior to his tenure with EOIR, Mr. Neal served in the U.S. Senate Judiciary Committee as chief counsel of the Subcommittee on Immigration. Mr. Neal began his legal career as the Director of Policy Analysis at the American Immigration Lawyers Association and also worked for a law firm in Los Angeles, representing immigration cases before the former Immigration and Naturalization Service, the State Department, the Department of Labor and EOIR.

Mr. Neal received his Bachelor of Arts from Wabash College in Crawfordsville, Indiana, Master of Divinity from Harvard University’s School of Divinity and his Juris Doctor from Columbia Law School. Mr. Neal is a member of the District of Columbia and New York bars.

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

David thus becomes the first EOIR Director to have served as both BIA Chair and Chief Immigration Judge, as well as briefly as an Immigration Judge.

Congratulations and good luck to David in his new position! It’s going to take a monumental effort, extraordinary management ability, creativity, and lots courage and determined due-process-best-practices-oriented leadership to straighten out the godawful legal, professional, and administrative mess in America’s most unfair and dysfunctional court system, now running a largely self-created 1.4 million case backlog.

Will he be able to hold off the politicos at DOJ and finally put an end to the DOJ-generated “Aimless Docket Reshuffling” (“ADR”) that has been the major cause of the 1.4 million case backlog at EOIR that has gown up over the last two decades of mismanagement at DOJ and EOIR? Will he be able to end the reprehensible officially-sanctioned “victim shaming” and cowardly “blame shifting” that has been heaped by the DOJ and EOIR on those suffering from its defective administrative practices over the past two decades?

If, as Garland claims, 200 new Immigration Judge positions will be added by the end of FY 2022, will David be able to institute merit-based Immigration Judge hiring that 1) involves public input from those who actually practice before the Immigration Courts, e.g., the private bar; 2) gives appropriate credit to “practical scholars” in immigration, human rights, and civil rights with clearly-established records of independent thinking and unswerving commitment to due process for individuals; 3) appropriately honors and weighs experience gained actually representing individuals, particularly asylum seekers, in Immigration Court, and 4) removes demeaning “production quotas,” limitations on docket management, and unnecessary restrictions on public scholarship, writing, and teaching which have made the job intentionally unattractive to many of the “best and brightest” progressive candidates from the private immigration and human rights sector. Will he actually go out and actively recruit a broader, more diverse, and more representative candidate base for IJ hiring, rather than using “insider procedures” that don’t reach or encourage many of the best candidates for these important jobs?

HINT: More “gimmicks,” like “dedicated dockets,” continued “Mickey Mouse” 🐭 uber enforcement “production quotas,” and appointments of judges who have never represented an individual in Immigration Court won’t do the trick! That is being proved every single day, beyond any reasonable doubt!

Nor will being at war with the National Association of Immigration Judges (“NAIJ”) and their leadership further due process. NAIJ leaders are the only ones at EOIR who have been providing meaningful professional training over the past four years of darkness and ignorance at EOIR.

They, along with the Private/NGO/Clinical Bar and OPLA Assistant Chief Counsel have the best and most practical ideas on how to fix EOIR! David would be wise to give them all “seats at his table,” and listen carefully to their views, rather than attempting to “lock them in a dark cellar,” as was the practice of the Trump immigration kakistocracy that effectively destroyed EOIR!

Since “built to fail” enforcement-generated non-solutions are the things EOIR appears “wedded to,” David is going to have to persuade Garland and his lieutenants to radically change course. Can he get them to treat Immigration Courts as “real courts,” controlling the lives of “real human beings,” folks like you and me, in dire need of real judicial administration and real progressive expert judges, to get out of EOIR’s current “death spiral.”☠️ Or, will we see a continuation of “Dred Scottification” of women and people of color, along with substandard trial judging, defective appellate review, and lousy biased precedents that end up creating more problems than they solve? 🤮 Only time will tell!

🇺🇸Due Process Forever!

PWS

09-24-21

⚖️🗽🇺🇸👍🏼FOLLOWING A HIDEOUS 0-27 START, GARLAND HITS A HOME RUN! ⚾️ AMAZING PRACTICAL SCHOLAR & NDPA SUPERSTAR ANDREA SAENZ TO BE BIA APPELLATE IMMIGRATION JUDGE — Hopefully, The First Of Many Progressive Judicial Appointments To Come, As Experts Cheer Infusion Of Human Rights Expertise, Lifelong Commitment To Due Process, & Actual Experience Representing Immigrants Into Now Dysfunctional Judiciary!

Here’s Andrea’s bio:

Andrea Sáenz

Andrea Sáenz [was] Attorney-in-Charge of the New York Immigrant Family Unity Project (NYIFUP) at Brooklyn Defender Services. NYIFUP is New York’s first-in-the-nation immigration public defender program representing detained immigrants facing removal. Prior to joining BDS in 2016, Andrea was a Clinical Teaching Fellow in the Immigration Justice Clinic at the Benjamin N. Cardozo School of Law, teaching, litigating, and working on the advocacy that grew NYIFUP at the city and state levels. Andrea has previously worked as an Immigration Staff Attorney at the U.S. Court of Appeals for the Second Circuit, a judicial law clerk at the Varick Street Immigration Court in Manhattan, an Equal Justice Works Fellow at the Political Asylum/Immigration Representation (PAIR) Project in Boston, and a high school ESL teacher. She teaches and trains widely on criminal immigration, detention, and litigation issues. Andrea graduated from Harvard Law School cum laude in 2008 and received her B.A. in English from the University of California, Los Angeles in 2002.

KEY QUOTE:

Andrea Sàenz, Attorney-in-Charge of the New York Immigrant Family Unity Project (NYIFUP) at Brooklyn Defender Services

“Our platform calls for universal representation of immigrants facing deportation, because when the stakes are often literally life, death, or permanent family separation, no one should be deported simply because they couldn’t afford an attorney. We need to change, shrink, and defund the deportation system and reinvest in our communities. ICE enforcement, detention and other cruel immigration policies tear apart families, and we urge the Biden administration and the new Democratic majority congress to listen to our neighbors’ voices.”

https://bds.org/?s=Andrea+Saenz

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

Congratulations, Andrea! As one of my esteemed Round Table colleagues said: “Incredibly great news. I couldn’t think of anybody better and more deserving!” Nor can I!

This is great news for American Justice and for the NDPA. It’s even better news for the long suffering victims of perverted justice at EOIR and their courageous attorneys, like members of the NDPA, who have fought in the trenches for due process, human rights, and human dignity against an intentionally rigged and gamed system designed to deny all three of the foregoing. Andrea also has “EOIR creds,” having been a JLC at the Varick Street Immigration Court.

Finally, someone who has witnessed the waste, unfairness, illegality, and human carnage of failed policies enabled by EOIR’s feckless, tone deaf, careless, and complicit performance of their life-determining quasi-judicial duties. This breaks the scandalous two-decade plus exclusion of the “best and brightest” progressive expert judges from the BIA, the nation’s highest immigration and human rights tribunal, that has helped reduce due process and justice for women and people of color before EOIR to a “sick joke!”

I know that’s it’s impossible for any one person, no matter how brilliant, hard-working, and dedicated, to change the anti-asylum, anti-due process, anti-gender-fairness “culture” encouraged @ EOIR by the past Administration and, to date, not effectively repudiated by Garland. But, it is important that the voice of reason, practicality, due process, fundamental fairness, and humanity once again be heard at EOIR!

We all hope and trust that others will follow in your footsteps, Andrea, and eventually form the “new majority” of a much, much better Immigration Judiciary: That the properly generous, sensible, and humane view of asylum law established in Cardoza-Fonseca and Mogharrabi will again become the guiding lights of immigration jurisprudence rather than being parroted (but not followed), mocked, and dishonored by those whose job it is to protect individual Constitutional, legal, and human rights from Government overreach: That “through teamwork and innovation becoming the world’s best tribunals guaranteeing fairness and due process for all” once again becomes the vision of our Immigration Courts at all levels!

Speaking in behalf of the NFPA, we all appreciate the dedication, hard work, consistent excellence, and intellectual and moral courage it took for Andrea to put herself forward and be a pioneer for the better Immigration Judiciary of our future! On behalf of a grateful NDPA and an appreciative Round Table, thanks, congratulations again, and may the forces of due process guide you and be with you forever!

🇺🇸Due Process Forever!

PWS

09-24-21

🤮☠️ARMED GUYS ON HORSES ROUNDING UP AND WHIPPING BLACKS ACCURATELY REPRESENTS AMERICA’S UGLY RACIAL HISTORY & BIDEN’S ASYLUM POLICIES! — That’s Why The Administration Is So Eager To Disingenuously Disown The Actions They Have Encouraged & Enabled! — Blacks & Hispanics Saved Biden’s Candidacy — THIS Is Their “Reward?” — U.S. Envoy To Haiti Quits In Protest Of Biden’s Human Rights Policies, As “Strange Departures” Continue To Roil Biden’s Bumbling, Failing Immigration Bureaucracy!

https://www.theguardian.com/commentisfree/2021/sep/23/men-on-horses-chasing-black-asylum-seekers-sadly-america-has-seen-it-before?CMP=Share_iOSApp_Other

The Biden administration has condemned abuses at the border – while maintaining the policies underlying these abuses. That’s beyond cynical

Published:

06:22 Thursday, 23 September 2021

Follow Moustafa Bayoumi

You’ve probably seen a photograph haunting the internet this week: a white-presenting man on horseback – uniformed, armed and sneering – is grabbing a shoeless Black man by the neck of his T-shirt. The Black man’s face bears an unmistakable look of horror. He struggles to remain upright while clinging dearly to some bags of food in his hands. Between the men, a long rein from the horse’s bridle arches menacingly in the air like a whip. The photograph was taken just a few days ago in Texas, but the tableau looks like something out of antebellum America.

The image is profoundly upsetting, not just for what it portrays but for the history it evokes. What’s happening at the border right now puts two of our founding national myths – that we’re a land of liberty and a nation of immigrants – under scrutiny. To put it plainly, we don’t fare well under inspection.

US border patrol agents on horseback search for migrants trying to enter the United States along the US-Mexico border. Photograph: José Luis González/Reuters

. . . .

Without review, it’s impossible to know who is facing real threats of persecution when returned to Haiti. The United Nations human rights spokesperson, Marta Hurtado, said that the UN “is seriously concerned by the fact that it appears there have not been any individual assessments of the cases”. Why does the Biden administration not share her concern?

One has to wonder if the same policies expelling Haitians from the US today would be in effect if those arriving at the border were Europeans or even Cubans. If history is any guide – for decades, the US privileged Cubans over Haitians and other Caribbean peoples in immigration matters – the answer is no.

It’s one thing for the Biden administration to condemn abuses conducted by its own government that recall the worst parts of our national history. But it’s quite another to do so while maintaining the policies that enable those abuses. That’s not just cynical. It’s despicable.

Moustafa Bayoumi is the author of How Does It Feel to Be a Problem?: Being Young and Arab in America

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Read the complete article at the link.

Meanwhile, back at the ranch:

https://www.huffpost.com/entry/us-special-envoy-to-haiti-resigns-over-migrant-expulsions_n_614c7f70e4b00164119101a3

Foote’s sudden departure leaves a void in U.S. policy toward Haiti and adds another prominent, critical voice to the administration’s response to Haitians.

AP By Joshua Goodman and Matthew Lee, September 21, 2021

The Biden administration’s special envoy to Haiti has resigned, protesting “inhumane” large-scale expulsions of Haitian migrants to their homeland wracked by civil strife and natural disaster, U.S. officials said Thursday.

Daniel Foote was appointed to the position only in July, following the assassination of Haiti’s president. Even before the migrant expulsions from the small Texas border town of Del Rio, the career diplomat was known to be deeply frustrated with what he considered a lack of urgency in Washington and a glacial pace on efforts to improve conditions in Haiti.

Foote wrote Secretary of State Antony Blinken that he was stepping down immediately “with deep disappointment and apologies to those seeking crucial changes.”

“I will not be associated with the United States inhumane, counterproductive decision to deport thousands of Haitian refugees and illegal immigrants to Haiti, a country where American officials are confined to secure compounds because of the danger posed by armed gangs to daily life,” he wrote. “Our policy approach to Haiti remains deeply flawed, and my policy recommendations have been ignored and dismissed, when not edited to project a narrative different from my own.”

Two U.S. officials with direct knowledge of the matter confirmed the resignation on condition of anonymity because they were not authorized to discuss it publicly.

One official, who was not authorized to publicly discuss personnel matters and spoke on condition of anonymity, said that Foote had consistently sought greater oversight of Haiti policy and that the administration did not believe his requests were appropriate.

Foote’s sudden departure leaves a void in U.S. policy toward Haiti and adds another prominent, critical voice to the administration’s response to Haitians camped on the Texas border. The camp has shrunk considerably since surpassing more than 14,000 people on Saturday – many of them expelled and many released in the U.S. with notices to report to immigration authorities.

The White House is facing sharp bipartisan condemnation. Democrats and many pro-immigration groups say efforts to expel thousands of Haitians without a chance to seek asylum violates American principles and their anger has been fueled by images that went viral this week of Border Patrol agents on horseback using aggressive tactics against the migrants.

. . . .

___

Goodman reported from Miami, Lee from New York on the sidelines of United Nations General Assembly meetings.

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Read the complete article at the above link.

And, there are more “strange happenings” within the flailing Biden immigration/human rights bureaucracy.

Over at ICE, “Immigration pro” John Trasviña is out at OPLA after only a few months in office:

https://www.wgbh.org/news/national-news/2021/09/22/biden-chooses-local-ice-critic-to-be-the-agencys-top-prosecutor

By Sarah Betancourt

September 22, 2021

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The Biden administration has appointed seasoned Boston immigration attorney Kerry Doyle to become its immigration enforcement agency’s top prosecutor.

U.S. Immigration and Customs Enforcement officials confirmed to GBH that Doyle, previously of Graves & Doyle, will be its principal legal advisor. The office she will lead is the largest legal program within the Department of Homeland Security, with over 1,250 attorneys and 290 support personnel.

The Office of the Principal Legal Advisor sends its prosecutors to litigate deportation cases before the Executive Office for immigration Review, the body that oversees the nation’s immigration courts.

Doyle has been an outspoken critic of the agency and has led many lawsuits against it.

She is a graduate of the American University Washington School of Law, and George Washington University. She started her career as a legislative assistant to former U.S. Rep. Bob Wise (D-W.Va.), and became an attorney for Legal Services for Vietnamese Asylum Seekers in 1993. She was managing attorney for the International Institute of Boston from 1998 to 2001, before founding Graves & Doyle with partner William E. Graves Jr.

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The Boston-based firm handled a breadth of immigration issues, from citizenship, to business and family immigration, federal litigation, asylum, and deportation cases.

Doyle took the case of Iranian student Mohammad Shahab Dehghani Hossein Abadi, who was enrolled at Northeastern University and deported because it was assumed by Logan Airport border patrol agents that he would remain in the U.S. beyond the time frame of his student visa. She co-authored an op-ed in The Boston Globe about Abadi’s case, entitled “Customs and Border Protection gone rogue.”

Doyle has also been particularly outspoken against ICE on Beacon Hill, including one appearance in January 2020, where she called ICE “out of control” during a hearing over the Safe Communities Act, which would limit how state and local municipalities interact with federal immigration enforcement.

Doyle declined to comment on her appointment, asking GBH to speak with ICE’s media office, which did not return requests for comment.

Susan Church of Demissie & Church has known and worked with Doyle for over two decades.

“She actually taught me much of what I know about immigration law,” said Church. “I can’t imagine a better, more knowledgeable attorney to run that agency because she knows the immigration system in and out.”

Church and Doyle co-filed a 2017 federal lawsuit against former President Donald Trump with the American Civil Liberties Union after he banned entry to the U.S. from seven Muslim-majority countries.

The Office of the Principal Legal Advisor has control over whether immigrants are released from detention, what financial amounts — or bonds — are set for them to be released, or whether a lawsuit gets postponed.

“There will be a tremendous opportunity to craft policy procedures, rules and the like to make sure that immigrants receive a fair day in court and a fair hearing and have a fair shot at getting a life in the United States,” said Church.

Biden’s Department of Homeland Security has been criticized for continuing to keep immigrants detained with high bond amounts, but Church thinks Doyle’s appointment shows there may be a shift.

“I think it’s clear that the Biden administration is following the path of the progressive district attorney and installing somebody in charge who cares about safety issues, but also cares deeply about the rights and the protections for immigrants,” she said, referring to the recent nomination of Suffolk County District Attorney Rachael Rollins to be the U.S. attorney.

Carol Rose, executive director of the ACLU of Massachusetts, also applauded the pick. “We hope Kerry Doyle’s outstanding track record of fighting for immigrants’ rights continues in her new position at ICE,” Rose said. But, she added, “the ACLU remains committed to holding this and other government agencies accountable.”

The former principal legal advisor John D. Trasviña announced his retirement at the beginning of September.

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On one hand, Kerry Doyle is well qualified and presumably will work to restore professionalism, common sense, and humanity to what had been a misdirected, counterproductive, and totally out of control agency under Trump and his toadies.

But, there has to be more to Trasviña’s “retirement” than meets the eye. One does not normally accept a senior level policy position in a new Administration while planning to “retire” within a few months.

So, something else is going on here. Many of us had applauded the appointment of Trasviña, a high profile, nationally respected, experienced expert in immigration, civil rights, human rights, and racial justice, at OPLA. During his short tenure, he issued helpful memos and guidance expanding the use of prosecutorial discretion (“PD”) at ICE. More aggressive and sensible use of PD is critical to controlling and eventually eliminating the largely Government-created 1.4 million case Immigration Court backlog.

Best wishes to Kerry in her new position!

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Immigration and human rights are a mess because Biden and his advisors ignored expert advice to move quickly and aggressively to restore robust refugee and asylum systems and to institute long overdue progressive reforms and personnel changes at EOIR. Right now, there appears to be neither an overall plan nor the dynamic progressive leadership and better Immigration Judiciary to carry it out.

It’s going to take more than a few intellectually dishonest expressions of “outrage” from Biden Press Secretary Jen Psaki and a bogus “investigation” of Border Patrol Agents who were only carrying out the cruel, inhumane, and racist policies developed and approved at the highest levels of the Biden Administration, to wipe out the images of the abuse of asylum applicants at our border and the deep-seated racial prejudices and biases it represents. 🏴‍☠️It’s all about dehumanization and continuing “Dred Scottification” of the “other”🤮☠️ — predominantly courageous, yet vulnerable, people of color!

🇺🇸Due Process Forever!

PWS

09-24-21

🤮☠️👎🏻 BIDEN ADMINISTRATION DOUBLES DOWN ON ONE OF THE UGLIEST AMERICAN RACIST TRADITIONS: SHAFTING BLACK HAITIAN REFUGEES! — But Cruel, Illegal, Deterrence Gimmicks Won’t Stop Haitian Migration!

Here’s the “policy:’

U.S. DEPARTMENT OF HOMELAND SECURITY

Office of Public Affairs

DHS Outlines Strategy to Address Increase in Migrants in Del Rio

The Department of Homeland Security (DHS) is immediately implementing a new, comprehensive strategy to address the increase in migrant encounters in the Del Rio sector of South Texas. It has six key components.

First, within the next 24-48 hours, U.S. Customs and Border Protection will have surged 400 agents and officers to the Del Rio sector to improve control of the area. If additional staff is needed, more will be sent. The Del Rio Port of Entry has temporarily closed, and traffic is being re-routed from Del Rio to Eagle Pass to more effectively manage resources and ensure uninterrupted flow of trade and travel.

Second, U.S. Border Patrol (USBP) is coordinating with Immigration and Customs Enforcement and the U.S. Coast Guard to move individuals from Del Rio to other processing locations, including approximately 2,000 yesterday, in order to ensure that irregular migrants are swiftly taken into custody, processed, and removed from the United States consistent with our laws and policy.

Third, DHS will secure additional transportation to accelerate the pace and increase the capacity of removal flights to Haiti and other destinations in the hemisphere within the next 72 hours.

Fourth, the Administration is working with source and transit countries in the region to accept individuals who previously resided in those countries.

Fifth, DHS is undertaking urgent humanitarian actions with other relevant federal, state, and local partners to reduce crowding and improve conditions for migrants on U.S. soil. DHS has already taken a number of steps to ensure the safety and security of individuals as they await processing, including having Border Patrol emergency medical technicians on hand and providing water, towels, and portable toilets.

Finally, the White House has directed appropriate U.S. agencies to work with the Haitian and other regional governments to provide assistance and support to returnees.

The majority of migrants continue to be expelled under CDC’s Title 42 authority. Those who cannot be expelled under Title 42 and do not have a legal basis to remain will be placed in expedited removal proceedings. DHS is conducting regular expulsion and removal flights to Haiti, Mexico, Ecuador, and Northern Triangle countries.

Beyond the six steps outlined above, the Biden Administration has reiterated that our borders are not open, and people should not make the dangerous journey. Individuals and families are subject to border restrictions, including expulsion. Irregular migration poses a significant threat to the health and welfare of border communities and to the lives of migrants themselves, and should not be attempted.

# # #

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Here’s the reality:

https://www.sfgate.com/news/article/US-nears-plan-for-widescale-expulsions-of-Haitian-16469378.php

Haitians on Texas border undeterred by US plan to expel them

JUAN A. LOZANO, ERIC GAY and ELLIOT SPAGAT, Associated Press

Updated: Sep. 18, 2021 10 p.m.

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48A dust storm moves across the area as Haitian migrants use a dam to cross into and from the United States from Mexico, Saturday, Sept. 18, 2021, in Del Rio, Texas. The U.S. plans to speed up its efforts to expel Haitian migrants on flights to their Caribbean homeland, officials said Saturday as agents poured into a Texas border city where thousands of Haitians have gathered after suddenly crossing into the U.S. from Mexico.Eric Gay/APShow More

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48Haitian migrants use a dam to cross into and from the United States from Mexico, Saturday, Sept. 18, 2021, in Del Rio, Texas. The U.S. plans to speed up its efforts to expel Haitian migrants on flights to their Caribbean homeland, officials said Saturday as agents poured into a Texas border city where thousands of Haitians have gathered after suddenly crossing into the U.S. from Mexico.Eric Gay/APShow More

DEL RIO, Texas (AP) — Haitian migrants seeking to escape poverty, hunger and a feeling of hopelessness in their home country said they will not be deterred by U.S. plans to speedily send them back, as thousands of people remained encamped on the Texas border Saturday after crossing from Mexico.

Scores of people waded back and forth across the Rio Grande on Saturday afternoon, re-entering Mexico to purchase water, food and diapers in Ciudad Acuña before returning to the Texas encampment under and near a bridge in the border city of Del Rio.

Junior Jean, a 32-year-old man from Haiti, watched as people cautiously carried cases of water or bags of food through the knee-high river water. Jean said he lived on the streets in Chile the past four years, resigned to searching for food in garbage cans.

“We are all looking for a better life,” he said.

The Department of Homeland Security said Saturday that it moved about 2,000 of the migrants from the camp to other locations Friday for processing and possible removal from the U.S. Its statement also said it would have 400 agents and officers in the area by Monday morning and would send more if necessary.

The announcement marked a swift response to the sudden arrival of Haitians in Del Rio, a Texas city of about 35,000 people roughly 145 miles (230 kilometers) west of San Antonio. It sits on a relatively remote stretch of border that lacks capacity to hold and process such large numbers of people.

. . . .

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Not surprisingly, Haiti wants no part of the Biden Administration’s scofflaw nonsense:

https://www.nytimes.com/2021/09/19/world/americas/us-haitian-deportation.html

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As one of my esteemed colleagues summed up the Biden Administration’s latest attack on the rule of law and humanity: “Not a word about asylum, withholding, CAT, humanitarian parole.…”

The Biden Administration has thrown down the gauntlet! Progressive human rights experts had better get out the big litigation guns! Because Biden has basically ripped up “sign-on letters of outrage and concern” and thrown the pieces to the wind. He has delivered a Washington Monument sized “big middle finger” 🖕 to human rights advocates and Black supporters of Haitian refugees! What, if anything, will they do about it!

Whatever happened to our first Black Veep, Kamala Harris? Once, she was a strong voice for an end to racism and fair, humane treatment of asylum applicants, regardless of race. Now, she seems to have disappeared from the racial justice playing field!

Vice President Elect Kamala Harris — Vice President Kamala Harris — Our first Black Veep has “disappeared” on the issue of human rights for Black Haitian asylum seekers!
Official Senate Photo
Public Realm

🇺🇸Due Process Forever!

PWS

09-20-21

Theresa Vargas reports for WashPost:

🇺🇸Due Process Forever!

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Gabe Ortiz reports for The Daily Kos:

🇺🇸Due Process Forever!

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Carrie’s guest blog in ImmigrationProf Blog should be be read and taken to heart by everyone who believes in a better, racially equal, America:

🇺🇸Due Process Forever!

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🇺🇸Due Process Forever!

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Jacob Soboroff @ NBC News With Truth About Deplorable, Unsafe, Conditions Facing Those Deported To Haiti:

Human Rights First debunks myth that seekers present a COVID health threat:

Even in rolling out otherwise more reasonable enforcement priorities for ICE, Mayorkas insisted on making the bogus claim that recent border arrivals present a “national security threat,” as reported by the WashPost’s Maria Sacchetti:

“Courtside’s” rating of Mayorkas’s claims: 🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥

🇺🇸Due Process Forever!

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Andrea Castillo reports for the LA Times:

🇺🇸Due Process Forever!

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Here’s a link to the published decision:

Here’s a “key quote” from Judge Susan Graber’s majority decision:

🇺🇸Due Process Forever!

Related posts:

Rodriguez v.Garland, 5th Cir., 09-27-21, published

🇺🇸Due Process Forever!

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From the WashPost Editorial Board:

🇺🇸Due Process Forever!

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Amanda Holpuch reports for The Guardian:

Of course, Haiti clearly is not a safe place to return migrants:

David Shipler does a great job of exposing the hypocrisy and intellectual dishonesty of Mayorkas and other Biden Administration immigration officials.

🇺🇸Due Process Forever!

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Obviously, THESE are the practical scholar/immigration experts who belong on the BIA:

🇺🇸Due Process Forever!

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Attorney General Merrick B. Garland Announces Appointment of David Neal as Director of the Executive Office for Immigration Review

🇺🇸Due Process Forever!

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Here’s Andrea’s bio:

KEY QUOTE:

🇺🇸Due Process Forever!

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🇺🇸Due Process Forever!

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Here’s the “policy:’

Here’s the reality:

Not surprisingly, Haiti wants no part of the Biden Administration’s scofflaw nonsense:

🇺🇸Due Process Forever!

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