Uncategorized – Page 20 – immigrationcourtside.com

Beware: When Egotistical Nationalist Leaders Invoke “The Will Of The People,” Very Bad Things Are Likely To Happen!

http://billmoyers.com/story/a-date-that-will-live-in-infamy/

Retired professor of theology Charles Bayer writes on “Moyers & Company:”

“What shall we do now? I doubt we can pass this off as simply an intellectual or academic problem that can be solved by further conferences, documents, symposia or formal papers.

Perhaps we should rather look at what has produced serious positive change in the recent past. I think of a woman who just sat in the front seats of a bus, and the Freedom Riders who traveled throughout the American South at the risk of their lives. And I remember the tens of thousands of both young and older people who hit the streets and finally whose acts were critical in ending the disastrous Vietnam War. To the extent that these actions were nonviolent, they gained the respect of the American people. Violence just sets things back. New generations of in-the-street activists, not journalists or academics, might blunt the destructive nationalistic thrust of the new administration, and prepare the rest of us to play an important role in making America good again.”

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PWS

01/22/17

Rappaport — Trump Will Inherit A Mess In the U.S. Immigration Courts — Former GOP Hill Staffer Peter Levinson Tells Us In One Sentence Why The Current System Is “Built To Fail” — Can Anyone Fix this Mess Before It’s Too Late For Our Country And The Millions Whose Lives And Futures Depend Our Immigration Court’s Ability To Guarantee Fairness And Deliver Due Process? Read My Commentary — “We Need An Article I United States Immigration Court — NOW — Could The Impetus Come From An Unlikely Source?” — Below!

http://thehill.com/blogs/pundits-blog/immigration/314238-our-immigration-court-crisis-will-be-trumps-lasting-headache

We Need An Article I United States Immigration Court — NOW — Could The Impetus Come From An Unlikely Source?

By Paul Wickham Schmidt

Writing in The Hill, my friend Nolan Rappaport says:

“President-elect Donald Trump will have to deal with this situation before he can begin his promised enforcement program.
Realistically, he is going to have to consider asking Congress for a legalization program to reduce the undocumented population but it does not have to be the kind of legalization program that the Democrats have been proposing.”

That makes lots of sense to me. It will certainly help the Immigration Courts to quickly remove many “non priority” cases from the docket without compromising due process. But, it’s not a complete solution to the problems facing our Immigration Courts.

And, well-respected scholar, gentleman, and former GOP Hill Immigration Staffer Peter Levinsion succinctly tells us why just fiddling around with the administrative process within the DOJ won’t get the job done:

“”The Attorney General’s ability to review Board decisions inappropriately injects a law enforcement official into a quasi-judicial appellate process, creates an unnecessary layer of review, compromises the appearance of independent Board decision-making, and undermines the Board’s stature generally.””

Yup, folks, the U.S. Immigration Courts, including the all-important Appellate Division (the Board of Immigration Appeals, or the “BIA”), where hundreds of thousands of individuals are awaiting the fair, independent due process hearings guaranteed to them by the U.S. Constitution, are actually a wholly owned subsidiary of the chief prosecutor and law enforcement officer of the U.S. — the Attorney General.

Who wouldn’t like to own a court system where your only client — the U.S. Government — is an interested party in every single case? Who wouldn’t, indeed, unless that court system is in the sad circumstances of the current U.S. Immigration Court system — overworked, understaffed, over-prioritized, under-appreciated, laboring under outdated systems and technology abandoned by most other courts decades ago, and generally out of control. Other than that, what’s the problem?

The answer, as proposed by Nolan and Peter, and many others including the Federal Bar Association, the American Bar Association, the National Association of Immigration Judges, and many other nonpartisan judicial experts is an independent Article I (or even Article III) Immigration Court, including the Appellate Division.

“Impossible,” you say, “Congress and President Trump will never go for it. Nobody in the Washington ‘power curve’ could sell this idea.” But, I beg to disagree.

There is one person in Washington who could sell this long overdue idea to President Trump and legislators from both sides of the aisle. His name is Jeff Sessions. And, he’s about to become the next Attorney General of the United Sates.

Why would Attorney General Jeff Sessions suddenly become an advocate for due process and “good government?” Well, I can think of at least three obvious reasons.

First, being the “father” of an Article I Immigration Court would be a lasting positive contribution to our system of justice — not a bad legacy for a man who has been “on the wrong side of history” for much of his four decades of public service. Second, it would silence many of the critics who have doubted Sessions’s claims that he can overcome his “out of the mainstream” views of the past and protect and vindicate the rights of everyone in America, particularly in the sensitive areas of immigration and civil rights. Third, and perhaps most important, by creating an independent, credible, modern, due process oriented Immigration Court outside the Department of Justice, Sessions would pave the way for a more effective immigration enforcement strategy by the Administration while dramatically increasing the likelihood that removal orders will pass muster in the Article III Courts.

Sure sounds like a “win-win-win” to me. I’ve observed that the majority of the time, people act in accordance with their own best interests which frequently line up with the best interests of our country as a whole. Yes, there will always be a substantial minority of instances where people act against their best interests. Usually, that’s when they are blinded by an uncompromising philosophy or personal animus.

I can’t find much of the latter in Senator Sessions. He seems like a genuinely genial personality who makes it a point to get along with folks and treat them politely even when they disagree with his views. The former could be a problem for Sessions, however. Can he get beyond his highly restrictive outlook on immigration and adopt big-picture reforms? Only time will tell. But there is a precedent.

EOIR was actually created during the Presidency of Ronald Reagan. It was two “strong enforcement types,” then INS Commissioner Al Nelson and General Counsel “Iron Mike” Inman, Jr., part of the so-called “California Mafia,” who persuaded then Attorney General William French Smith to remove the Immigration Judges from the “Legacy INS,” and combine them with the Board of Immigration Appeals to form EOIR, with then-BIA Chairman David Milhollan as the first EOIR Director. Smith selected as the first Chief Immigration Judge a well-respected (even if not universally beloved) apolitical Senior Executive, William R. Robie, who had run the Department’s Office of Attorney Personnel Management and had a well-deserved reputation in the Washington legal community for “getting the trains running on time.”

It was one of the few times in my more that three decades in Government that I witnessed Senior Political Executives actually arguing for a needed transfer of functions and personnel out of their own agency. Traditionally, agency heads battled furiously to hang on to any piece of “turf,” no matter how problematic its performance or how tangental it was to the agency’s mission. But, Nelson and Inman, who were litigators and certainly no “softies” on immigration enforcement, appreciated that for victories in Immigration Court to be meaningful and to stand up on further judicial review, the Immigration Court needed to be a level playing field that would be credible to those outside the Department of Justice.

Unfortunately, the immediate improvements in due process and court management achieved by making the Immigration Courts independent from the “Legacy INS” have long since “played out.” The system within the DOJ not only reached a point of diminishing returns, but has actually been spiraling downward over the past two Administrations. Sadly, Nelson, Inman, Milhollan, and Robie have all died in the interim. But, it would be a great way to honor their memories, in the spirit of bipartisan reform and “smart government,” if an Article I Immigration Court were high on Attorney General Sessions’s agenda.

PWS

01/17/17

Send In The Marines — Gen. Kelly Looks Like He Has The “Right Stuff” For DHS!

http://immigrationimpact.com/2017/01/11/john-kelly-said-immigration-policy-confirmation-hearing-dhs-secretary/

Maurice Belanger at Immigration Impact reports on Kelly’s immigration views:

“First, Kelly believes that much of the current migration from Central American countries has its roots in drug consumption in the U.S., which drives violence. His view is that the ultimate solution to the migration crisis, in addition to reducing American drug use, is to support governments in the region attempting to restore public safety and economic opportunity. He also stated that he believes that part of the reason migrants are coming to the U.S. is because they carry the notion that once they arrive, they will be able to stay. In his pre-hearing questionnaire, he noted that senior leaders of Central American countries told him that, “If you do not start sending them back to their country of origin quickly and in large numbers they will never stop making the trek north.”

Completely missing from the discussion however was what the U.S. should do in the meantime while addressing the violence and other factors pushing people out of Central America. As well as, what are America’s obligations to individuals arriving from the region seeking safety and security?

There was also considerable discussion of low morale among Border Patrol employees to which Kelly said that he believed “the number one thing right now would be in accordance with the law, let the people who are tasked to protect the border do their job.” However, there was no examination of assertions that Border Patrol agents are “prevented” from doing their job.

Kelly also demonstrated mixed views on enforcement of immigration law. For example, in an exchange on the issue of so-called “sanctuary cities,” Kelly said, “I understand maybe the perspective of some of the local leaders, but I do think the law is the law and I think the law has to be followed.” Yet, in another exchange with Senator Kamala Harris of California about DACA recipients and their families, Kelly said that, “I think law abiding individuals would in my mind, with limited assets to execute the law, would probably not be at the top of the list.”

However the more specific the questions got on immigration the more Kelly appeared out of his depth and unprepared to provide answers. For example, Senator Harris asked if Kelly would honor the government’s commitment not to use information collected on DACA recipients for enforcement purposes. Kelly responded that he had not been involved in “the entire development of immigration policy that is ongoing,” and only promised to “be involved in those discussions” if confirmed.

Finally, in response to a question by Michigan’s Senator Gary Peters concerning the establishment of a government database on Muslims in the U.S. Kelly responded, “I don’t agree with registering people based on ethnic or religion or anything like that.”

Over the course of the hearing, senators from both parties praised Kelly’s service to the country and he is likely to be confirmed. His views on the complicated set of laws and policies that govern our immigration system are still largely unformed. Hopefully, his need to better understand the policies in place, will translate into engagement with stakeholders concerned with immigrants and immigration.”

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From what I have heard and read, General Kelly is a highly competent, thoughtful, well-organized leader who has the ability to inspire those around him. I’ve also read that he takes human rights responsibilities very seriously, and is willing to get input from a broad range of individuals — not just “insiders.” To me, that’s exactly what DHS needs: some perspective, discipline, and mission focus.

Yes, he doesn’t have an immigration background — most Generals don’t. But at least he comes at it from a professional law enforcement and national security angle — not as an advocate of reducing legal immigration or treating undocumented individuals like criminals.

And, he has some outstanding talent to advise him on immigration matters among the executive ranks of the career public servants at DHS. Lori L. Scialabba, Deputy Director of USCIS (former Chair of the BIA and Deputy General Counsel of the “Legacy INS”) and Raphael Choi, Chief Counsel of ICE in Arlington, VA immediately come to mind as accomplished managers with “big picture” views. I’m sure there are many others who can help General Kelly formulate reasonable and effective immigration policies.

My one concern from reading this particular clip was General Kelly’s repetition of the “urban myth” that the way to stem the flow of Central American refugees is by “quick returns.” That’s been the Obama Administration policy, and well as the policy of all other Administrations when faced with border incursions. It has demonstrably failed during the Obama Administration, as it consistently has for the last four decades and will continue to do so.

That’s because it’s based on the false premise that most arrivals can, or should be, returned. In reality, however, a substantial number, probably the majority, of those coming are fleeing violence, rape, death threats, and torture, and are therefore likely to have valid claims for protection under U.S. law if the proper legal standards are fairly and at least somewhat uniformly applied (something which, sadly, does not always happen).

Consequently, they can’t be sent home, and they are going to keep coming to apply for protection they are entitled to under our laws. And, throwing them in detention isn’t going to deter them either — that’s been proved. But it will certainly run up the taxpayers’ costs while eroding both our commitment to human rights and our moral standing as a nation.

Trying to reduce the violence and improve conditions in the Northern Triangle is important. It was mentioned by Gen. Kelly, but it’s a “long haul,” not a short term, solution.

In the short run, a larger, more inclusive and realistic overseas refugee processing program in or near the Northern Triangle, combined with use of available mechanisms such as Temporary Protected Status (“TPS”) and Deferred Enforced Departure (“DED”) to grant temporary protection short of asylum are likely to be more effective in promoting orderly border enforcement without adding to the workload of the already overwhelmed Asylum Offices and Immigration Courts.

We’re not going to be able to stop desperate individuals from coming without committing large scale violations of both domestic law and international treaty obligations. But, we should be able to manage the flow so that the “bad guys” get screened out and returned while the others can remain temporarily without going into the asylum system while we’re trying to sort out and improve the situation in the Northern Triangle. Perhaps, we also could reach agreements with other stable democracies in the Western Hemispheres to share the protection burden and distribute the flow. It’s not an easy problem, and there are no easy or great solutions.

I know these aren’t then “quick fixes” or “silver bullet” solutions that folks want to hear about. They also won’t satisfy those who want to shut to doors to migration.

But, four decades of working on “quick fixes” from all sides — law enforcement, private sector, and judicial — tells me that we need a better, more practical, and more humane approach. To just keep repeating the same failing policies over and over and expecting them to achieve success is, well, just plain . . . .

PWS

01/12/17

Sessions’s “Enforcement Only” Views On Immigration Detailed — “Nice Guy” Factor Expected To Smooth Comfirmation

https://www.washingtonpost.com/world/national-security/at-the-justice-department-sessions-could-play-a-key-role-on-immigration/2017/01/07/84a94a54-c7c9-11e6-85b5-76616a33048d_story.html?utm_term=.

“As a senator from Alabama, Jeff Sessions has vigorously opposed any efforts to reform the U.S. immigration system in ways that might benefit those in the country illegally. He has advocated tempering even legal immigration, fearful that people from other countries might take Americans’ jobs.

Sessions (R), President-elect Donald Trump’s pick to be the next attorney general, will face no shortage of questions at his confirmation hearing starting Tuesday about his alleged past racist comments, his prosecution of civil rights activists, and his views on voting rights and same-sex marriage. But civil liberties advocates say Sessions’s views on immigration concern them just as much because of the role the Justice Department plays in dealing with those who come to the United States from other countries, and because of the constitutionally questionable policies Trump has suggested that Sessions’s Justice Department would likely implement.”

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While there have been plenty of “negative vibes” about the Sessions nomination, based on his lack of sympathy for civil rights and immigrants, his “nice guy” persona during a long Senate career virtually assures his confirmation as described in this Washington Post article.

https://www.washingtonpost.com/powerpost/jeff-sessions-should-have-been-a-tough-sell-in-the-us-senate-thats-not-likely/2017/01/07/2de7c280-d44f-11e6-9cb0-54ab630851e8_story.html?utm_term=.66b34036721a

PWS

01/07/17

Sessions Garners Support From Son Of “Marion 3” Defendants — N/W/S Controversy, Confirmation Appears Likely — As AG, He Will Administer One Of Our Most Important Court Systems: The United States Immigration Court!

https://www.washingtonpost.com/world/national-security/alabama-politician-whose-parents-were-prosecuted-by-sessions-endorses-him-for-attorney-general/2017/01/04/51c89608-d29b-11e6-945a-76f69a399dd5_story.html?utm_term=.6469f01a24e7

“Albert F. Turner Jr., the son of civil rights activists who were prosecuted by Republican Sen. Jeff Sessions in a controversial voting fraud case 32 years ago, said Wednesday he supports the Alabama lawmaker’s nomination to be attorney general.

“My family and I have literally been on the front line of the fight for civil rights my whole life,” said Turner, a county commissioner in Perry County, Ala. “And while I respect the deeply held positions of other civil rights advocates who oppose Senator Sessions, I believe it is important for me to speak out with regard to Senator Sessions personally. . . . He is not a racist.”

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Another article in the Washington Post discusses positive aspects of Senator Session’s character and career. He appears to be someone who engenders strong feelings, both positive and negative.

https://www.washingtonpost.com/national/dueling-images-of-attorney-general-nominee-jeff-sessions/2017/01/05/e96bb796-d36e-11e6-9651-54a0154cf5b3_story.html?utm_term=.ecd459fbad2c

But, unless something quite unexpected comes up during his confirmation hearing, Senator Sessions appears to be well on his way to confirmation as the next Attorney General.

Although most of the focus has been on Civil Rights, as Attorney General, Jeff Sessions’s most important and largely overlooked role probably will be his authority over the hugely important and highly troubled — to the tune of a stunning 530,000+ case backlog which continues to grow — United States Immigration Court System, with both trial and appellate branches administered by the DOJ through the Executive Office for Immigration Review (“EOIR”).

Although many experts have called for establishing a truly independent Immigration Court System outside of the DOJ, the current reality is that the DOJ controls perhaps the largest and most important Federal Court System. Whether as Attorney General Jeff Sessions nurtures, supports, and improves the independent due process mission of the Immigration Courts, or rather tries to undermine and “game” the Immigration Courts’ due process role, as some of his predecessors have done, will, to a much larger extent than most imagine, determine the future of our nation.

PWS

01/06/17

“Dreamers” Worry About Fate of DACA — Under Trump Administration, What Will Happen To The Lives They Have Built In America?

http://www.csmonitor.com/USA/Politics/2017/0104/For-immigrant-Dreamers-an-uncertain-future

“There is much at stake, too, for undocumented immigrants like Brady, who have grown up, gone to school, and struggled to make sense of their futures.

“I was just a kid when I came, and I really didn’t know what immigration status really meant,” says Brady, who grew up and attended public schools in Washington Heights, which New Yorkers often call “Little DR” because of the many Dominican immigrants who live there. “I wasn’t really worrying about it until my senior year in high school when I had to start thinking about colleges.”

“But when I started to really understand what my life was going to be like, I started freaking out, I started to panic,” she continues. “Why was I going to school? What is the point of going to college if I couldn’t get a career if I was an illegal immigrant?”

She pressed on, doing what a lot of low-income New Yorkers do. She volunteered at a home for the elderly, she attended summer academic programs, she made her high school honor roll and tutored younger peers.

And after getting accepted to John Jay College of Criminal Justice, she worked long hours as a bartender, off the books, to pay her way. It was overwhelming, she says, until she got a scholarship from a local civic group. “I was over the moon, full of joy and crying and happy after getting it,” she says.

She loved her days tutoring and eventually decided to become a teacher.

“As cliché and corny as this sounds, it’s like some people just have their calling,” the graduate student now says. “It took me a while to figure it out, but it truly makes my heart happy.”

Yet she still felt that she was “living in the shadows, being a part of something, but not really,” during her 20 years coming of age in the United States. Now married to a US citizen, she says Obama’s order finally helped her become “DACA-mented,” as many Dreamers call it, and be authorized to teach math in New York City public schools.”

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The possibility of a legislative compromise to help the “Dreamers” while beefing up immigration enforcement is discussed in this article by Nolan Rappaport in The Hill:

http://thehill.com/blogs/pundits-blog/immigration/311243-gop-immigration-bill-gives-dreamers-a-break-hardliners-a-bone

It was also discussed in my blog of 12/30/16.

PWS

01/05/17

Good To His Word, “The Leader Of the Pack” Takes Them Into The Playoffs — AR’s 4 TD Passes Tame Lions!

In mid-October, the Green Bay Packers were 4-6, wallowing in the throes of a four game losing streak. In Green Bay, where the home-town Packers aren’t everything, just the only thing, the conspiracy theories abounded — Aaron Rodgers was “over the hill,” he was preoccupied with girlfriend Olivia Munn, Vladimir Putin was hacking the signals and relaying them to the opposition.

But, AR remained cool. Acknowledging that he hadn’t played up to par, he predicted that the Pack would “run the table” — win their remaining six games — and make the playoffs. Many observers were skeptical.

Tonight, AR silenced the skeptics. Overcoming hamstring and calf injuries, the lack of a consistent running game, and an unreliable defense suffering from numerous key injuries, Rodgers threw four touchdown passes (giving him 40 for the season) in leading the Packers to a 31-24 road victory over the Detroit Lions that clinched the NFC North title. AR eluded rushers who seemed to have him in their grasp, ridiculously extended plays, and made several key runs .

Kudos to the Pack’s under-appreciated offensive line, which provided outstanding protection while controlling the line of scrimmage. Additionally, the defense, under beleaguered coordinator Dom Capers, made key stops and generally contained the Lions’ high-octane passing attack led by quarterback Matthew Stafford.

The Pack’s victory earned them a home playoff date against the NY Giants at Lambeau Field next Sunday. But, beware Packer fans: The last two times these teams met at Lambeau in the postseason, quarterback Eli Manning led the Giants to impressive wins.

Meanwhile, all was not lost for the Lions. They journey to Seattle to take on the Seahawks in the first round of the playoffs next Saturday.

PWS

01/01/17

More From Nolan Rappaport in “The Hill” on How the Trump Administration and Congress Could Agree on Immigration Reform

http://thehill.com/blogs/pundits-blog/immigration/310078-to-control-immigration-trump-needs-to-think-outside-the-wall

http://thehill.com/blogs/pundits-blog/immigration/311243-gop-immigration-bill-gives-dreamers-a-break-hardliners-a-bone

I found some common themes:

The Trump Administration needs to “Think Outside the Wall.” Without some fundamental changes from Obama Administration policies and Trump rhetoric, nothing is going to change.
There must be some type of legalization for “Dreamers” and others to get Immigration Court dockets back under control.
Interior enforcement must be reinstated and employer sanctions enforced to cut off the “magnet” for undocumented immigration.
Everyone involved must work together and compromise for our immigration system to be credible.

PWS

12/29/16

Not All Undocumented Migrants Are From South of the Border — Politicians Should Represent Everyone

http://www.huffingtonpost.com/entry/undocumented-immigrants-armenian-trump_us_584edd21e4b0bd9c3dfdb444

Here’s an account by freelance reporter Gohar Chichian, an Armenian American, of growing up in America with undocumented parents. Eventually, her parents were able to obtain legal status.

The U.S. Supreme Court agrees with her that American politicians have a responsibility (often ignored) to represent the interests of everyone, including immigrants both legal and undocumented. In the 2016 case Evenwel v. Abbott (link below), the majority opinion by Justice Ginsburg said:

“As the Framers of the Constitution and the Fourteenth Amendment comprehended, representatives serve all residents, not just those eligible or registered to vote. Nonvoters have an important stake in many policy debates—children, their parents, even their grandparents, for example, have a stake in a strong public-education system—and in receiving constituent services, such as help navigating public-benefits bureaucracies. By ensuring that each representative is subject to requests and suggestions from the same number of constituents, total-population apportionment promotes equitable and effective representation.”

Here’s an excerpt from Chichian’s article in Huffpost:

“Our battle was finally over. But the war over immigration will continue with the start of the Trump administration. As Trump’s policies begin to unfold, politicians in Washington should remember that the immigration debate isn’t just about a few particular groups. The rhetoric of Donald Trump over the past year may have focused on Mexicans and Muslims, but my parents are Christian, and they are from a country that was devastated by a totalitarian left-wing ideology. Their story makes clear just how broad an impact the immigration decisions made in Washington will have on diverse communities nationwide. We are a nation built by immigrants — our politicians should work to represent them. All of them.”

The link to the full article is at the top.

Click to access 14-940_ed9g.pdf

PWS

12/26/16

Just Doing The Right Thing — Canadian Businessman Invests in Saving 200 Syrian Refugees

http://torontolife.com/city/life/jim-estill-the-man-who-saved-200-syrian-refugees/

From Toronto Life.

“Estill has codified his life into a set of what he calls “success habits.” Some of them are very specific: spend 20 minutes outside every day, no matter the weather, and have a “creative oasis” where you can do your best thinking (one of his is a rocking chair by the fireplace in his basement). Other maxims are much broader, like do the right thing—a principle that figured prominently in his decision to sponsor Syrian refugees.

. . . .

Estill is prototyping an ambitious sponsorship program that he hopes will grow into a full-scale humanitarian movement. He wants to show other wealthy businesspeople across the country how they can front the money, set volunteers in motion and use their professional networks to find jobs for refugees. “If you can run a company with 800 employees, then you can run an organization with 800 volunteers,” he says. He has a clear definition of success for the program: 50 families who work, pay taxes, buy their own groceries and speak English. “We’re not encouraging them to be dependent on us,” he told me. “You’re not doing anyone any favours if you just hand them cheques.””

PWS

12/24/16

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