🏴‍☠️🤮👎🏽INJUSTICE IN AMERICA: TIME MAGGIE SPOTLIGHTS GARLAND’S BROKEN “COURTS,” BURGEONING BACKLOGS!

Jasmine Aguilera reports for Time:

https://time.com/6140280/immigration-court-backlog/

Roughly 1.6 million people are caught up in an ever-expanding backlog in United States immigration court, according to new data tracking cases through December 2021. Those with open immigration cases must now wait for a decision determining their legal status for an average of 58 months—nearly five years.

Though the immigration court backlog has been getting longer for more than a decade, a deluge of new cases added between October and December 2021 significantly worsened wait times, according to the Transactional Records Access Clearinghouse (TRAC), a research institution at Syracuse University that obtained the figures through Freedom of Information Act requests. The backlog increased by nearly 140,000 during that period, the fastest growth on record and the direct result of an uptick in arrests by agencies housed under the Department of Homeland Security (DHS): Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).

. . . .

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Read Jasmine’s complete article at the link!

1.6 million is just the “trip of the iceberg.” Each of those human beings potentially has family, friends, co-workers, teachers, fellow students, relatives, employers, employees, neighbors, sponsors, fellow parishioners, students, investors, etc. tied up in the trauma of their wait and the often arbitrary and capricious results once they get a final hearing. Virtually every community in America has a stake in Garland’s tragically broken “court” system.

Just applying TRAC’s math from recent studies, even in a time of inculturated anti-immigrant, anti-asylum bias and bad, skewed interpretations at EOIR, more than half of those in backlog would earn the right to stay in America if they could get an individual hearting. But, in Garland’s broken and mis-prioritized system, “getting a merits hearing” is a “big if.” Many of those in the backlog are already doing “essential work” or have the job skills we need if their only be normalized. Garland’s failure is America’s trauma, and wasted human capital, and squandered Government resources.

A few other “lowlights:”

“Fewer than 1% of those new cases brought by ICE and CBP beginning in October 2021 involved alleged criminal activity.” So much for “new priorities.”
“A spokesperson for the Department of Justice’s Executive Office of Immigration Review (EOIR), which oversees the immigration court system, said courts have been relying on technology to continue operations, but blamed the on-going pandemic for the worsening backlog.” An absurdist “cop-out,” as those familiar with EOIR’s chronically bad technology and failure to adequately prepare and deal with COVID know. Poor and imperious communication with the public has also been a feature of EOIR (mis)management during the pandemic!
“One reason is an ever-increasing number of new immigration cases swamping the system, as both the Obama and Trump Administrations issued millions of deportation orders.” Truth is that despite DHS and EOIR attempts to shift blame to the victims, the backlog is largely self-created.
“But the problem cannot be solved by asking the existing immigration judges to work harder or faster, Long says.” Nor, with due respect to TRAC’s Susan Long, will it be solved by throwing more judges and resources into a biased, unfair, totally dysfunctional, anti-due-process, broken system. Fix the system first with common-sense progressive reforms, replace bad judges, hire new judges on a merit basis, with outside expert input, focusing on hiring judges with records of commitment to due process and fundamental fairness and established immigration/human rights expertise! Then, once fairness, expertise, quality, and efficiency have been established and institutionalized, decide whether the system should be expanded and, if so, how to do it. (Hint: Many experts believe that 500 completions annually is the most reasonable expectation for well-functioning, expert Immigration Judges complying with due process and “best practices.” That means the current system of approximately 560 IJ’s has a maximum capacity of 250,000 to 300,000 completions annually. DHS Enforcement must be required to work within those realistic limits in bringing new cases before the court.)
“While the dedicated docket was designed to address the backlog for recently-arrived families, it failed to take into account the staggering systemic failures at work, according to immigration lawyers, advocacy organizations and elected officials.” It was a “proven failure enforcement gimmick” as experts told Garland from the “git go.” A competent AG committed to due process, fundamental fairness, and the rule of law would have rejected this bad idea out of hand.
“There’s a long, long laundry list of things that have been tried in the past,” Long says. “It’s not going to be a quick fix.” I respectfully dissent! This isn’t rocket science! It’s a combination of cleaning out the deadwood, bringing in competence and progressive expertise in judging and administration, common sense, long overdue progressive reforms, creative thinking, appointing a BIA of expert appellate judges to issue sound legal precedents, require best practices, and hold judges, DOJ officials, and DHS personnel accountable for their often intentional undermining of justice in Immigration Court. As alluded to by Long, Garland had the incredible advantage of a laundry list of “enforcement and just pedal faster gimmicks” that are proven failures! Garland knew in advance what NOT to do and what NOT to try. He also had access to an impressive array of practical scholarship and that produced sound, straightforward recommendations on how to fix the system. He had a golden opportunity to shake up the system on “Day One,” “clean house,” and bring in the new progressive experts and dynamic leaders to fix the system. Yes, I recognize that as Long suggests, the system won’t be fixed “overnight.” But, had Garland acted promptly and timely, the system could already be showing dramatic improvements on all levels. You have to start the process of reform and improvement somewhere. Garland’s dilatory approach to EOIR has greatly increased the difficulty. But, fixing EOIR is still “low hanging fruit” for the Administration if they only had the backbone and vision to “blow up” the current failed and flailing EOIR and bring in and empower experts to start taking names, kicking tail, and implementing due process and best practices reforms.
Garland apparently has operated on the false premise that fixing “Immigration Courts” isn’t a priority and that advice and assistance of progressive experts can just be “blown off” in favor of the type of politically-driven, bogus-enforcement-oriented, bureaucratic nonsense that is endemic at DOJ and DHS. Not happening! And continued aggressive litigation by the NDPA is an essential element of stopping the injustice and holding Garland and his flunkies accountable. That litigation is not going to stop either unless, and until, one way or another, Garland is forced to take notice and make the obvious progressive reforms and improvements.

Alfred E. Neumann — Garland’s management “style” and unwillingness to bring in the progressive experts necessary to radically reform EOIR has become a huge part of the problem, propelling an already broken system to new heights of dysfunction, disorder, and injustice!
PHOTO: Wikipedia Commons

I’m no fan of Virginia’s new GOP neo-fascist Attorney General Jason Miyares. But, before the end of Inauguration Day, the heads were rolling, and his message was very clear: liberalism, environmental protection, racial justice, good government, and public health are out — far-right neo-fascism is in! Get with the program or get out! Republicans loved it, Dems hated it. But it happened!

By sharp contrast, Garland is still running EOIR with much of the same personnel and many of the same broken and bad policies of his predecessors, Trump, and Stephen Miller. That’s a good illustration of why “Democrats can’t govern” while Republicans constantly outflank them and dismantle the system in short order. What’s the future of a party that doesn’t recognize its own self-interest, the common good, and act and govern accordingly?

🇺🇸Due Process Forever!

PWS

01-24-22

⚖️🗽🇺🇸COURTS & JUSTICE: “COURTSIDE” PROUDLY ANNOUNCES THE “DREAM BIA” — IT’S OUT THERE, EVEN IF GARLAND CAN’T SEE IT!

Start with current BIA judge:

Judge Andrea Saenz

Add these “extraordinary practical scholars” who happen to be the “seven most-cited immigration scholars under 50” (https://lawprofessors.typepad.com/immigration/2021/12/immprofs-make-most-cited-faculty-under-50-list.html):

Amanda Frost (American)
Jennifer Chacón (Berkeley)
Ilya Somin (George Mason)
Adam Cox (NYU)
César Cuauhtémoc García Hernández (Ohio State)
Michael Kagan (UNLV)
Cristina Rodriguez (Yale)

Appoint these inspirational, dynamic, proven “scholar leaders” as Co-Chairs:

Dean Kevin Johnson, UC Davis Law & “most cited” immigration scholar;
Marielena Hincapie, National Immigration Law Center.

Add in three experienced Vice Chairs who really “know the business” (including where all the bodies are buried @ EOIR and how to make bureaucracy respond):

Judge Noel Brennan, NY Immigration Court, former BIA Appellate Judge;
Judge Dana Leigh Marks, San Francisco Immigration Court, former NAIJ President, “winning” attorney before the Supremes in the landmark asylum case INS v. Cardoza-Fonseca;
Michelle Mendez, currently Director, Defending Vulnerable Populations @ Catholic Legal Immigration Network (“CLINIC”).

Wild Card Round:

Jason Dzubow, Esquire, “everyone’s favorite Asylumist;”
Lauren Wyatt, CLINIC, NYC, inspirational scholar-role model working “in the trenches;”
Ayodele Gansallo, HIAS Pennsylvania, Penn Law, co-author of Understanding Immigration Law and Practice, the “Bible of aspiring practical scholar-practitioners;”
Jaya Ramji-Nogales, Associate Dean, Temple Law, co-author of Refugee Roulette and The End of Asylum.

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

Now, THAT’S an amazing, inspiring, dynamic “all-star judicial lineup” that could actually achieve the former “EOIR Vision” of: “Through teamwork and innovation, become the world’s best administrative tribunal, guaranteeing fairness and due process for all!”

What does this diverse group have in common?

Demonstrated, unswerving, overriding commitment to due process and fundamental fairness for migrants and all persons in America;
Impeccable, accessible scholarship in human rights, migrants’ rights, and constitutional interpretation;
Courage to speak truth to power;
Expertise in and concern for ethical issues;
Ability to engage in robust dialogue without sacrificing fundamental principles;
Ability to lead by example and inspire others;
Practicality;
Creativity;
Humanity;
Independence;
Widespread recognition, respect, and admiration among peers.

This court also would have the potential to deliver a long-overdue “wake up call” to the now-floundering Article III Judiciary.

Why would members of this high-powered group of intellectual giants be willing to leave comfortable current positions to accept the challenge of leading and reforming what currently is “America’s Worst Court System?”

A chance to be on a team of some of the most powerful “practical legal intellects” in America;
A chance to show how a diverse court of exceptionally-well-qualified judges can solve problems, implement best practices, and achieve timeliness and efficiency while enhancing due process;
The chance to save lives and improve futures — to make a positive difference in the world that will inspire future generations;
The chance to redefine “justice in America” in a positive way.

The BIA also has a large, talented staff of lawyers (I was one myself, back in the day) who would thrive and prosper under the intellectual leadership of these “practical scholars” and proven teachers! The BIA is potentially the “premier legal university/think tank” in America. But, unlike most think tanks, one with a mission, the ability to render best interpretations, implement best practices, and to issue hundreds of life-defining decisions every day! What other court in America could say the same? Why is this amazing untapped potential basically going to waste?

A pipe dream? Probably. But it shouldn’t be!

The BIA is “Not Quite Ready For Prime Time” (“NQRFPT”). But, “Neon Deion” Sanders IS “Prime Time.” Judge G. should take note! Deion Sanders
Photo by Michael J. Cargill
Creative Commons License

Just look how in a relatively short time as a head coach at a “non-power-conference” HBCU, Jackson State, dynamic former NFL star and “larger than life” personality “Neon Deion” Sanders has shaken up the system and changed the “playing field” in the insular world of “big time college football.” This week, the “projected top recruit” in America chose Sanders & J-State over the “powers that be.” Presence, leadership, boldness, talent, and results (Jackson State was 11-1 this year) can force change for the better in even the most inbred and change-resistant systems (like EOIR, and to a large extent, the entire Federal Judiciary)!

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiG4L7J0O30AhUEhXIEHXpZC_gQFnoECFEQAQ&url=https%3A%2F%2Fwww.si.com%2Fcollege%2Fhbcu%2Ffootball%2Fdeion-sanders-jackson-state-out-recruited-power-5-worried&usg=AOvVaw22WpbS0LFQ02rTG_rNcRLL

It’s totally within Judge Garland’s power, if he would only wake up and make the bold, yet totally logical, justified, and long overdue moves necessary. He’s already sinking deep into the morass of responsibility for probably the most dysfunctional, yet consequential, failed “court” system in American legal history. What’s he got to lose by taking the steps necessary to dramatically turn things around?

As I recently wrote about EOIR:

With so many extraordinarily talented, creative, courageous, independent legal minds out there in the private/NGO/academic sector of human rights/immigration/racial justice/due process this “intentional mediocrity (or worse)” is inexcusable. Yet, this massive failure of the U.S. justice system at the most basic level gets scant attention outside of Courtside, LexisNexis, ImmigrationProf Blog, Jeffrey S. Chase Blog, The Asylumist, and a few other specialized websites.

https://immigrationcourtside.com/2021/12/15/🏴%E2%80%8D☠%EF%B8%8F👎🏽🤮-aimless-docket-reshuffling-adr-on-steroids-eoir-dysfunction-shows-what-happens-when/

Recent GOP Administrations have been perfectly willing to unethically “weaponize” EOIR to carry out their far-right, nativist political agenda. They have “shrugged off” near-universal criticism of their most outrageous moves, including key quasi-judicial selections, and, inexcusably, “dumbed down” EOIR.

Democrats, by contrast, have been timid, indolent, and feckless, failing to undo the damage and make due process, fundamental fairness, and equal justice for all persons a reality rather than a cruel false promise. Garland appears bullheadedly determined to move in the same wrong direction.

And, “time’s a wasting!” We’re nearly a year into an Administration that promised real improvements but has basically carried out a disgraceful “Miller Lite,” anti-humanitarian, anti-constitutional agenda of abusing, mistreating, and dehumanizing legal asylum seekers and other migrants. As pointed out recently by a number of us, this also extends to the dedicated attorneys and representatives trying to preserve at least some semblance of justice in our stunningly dysfunctional Immigration Courts.

https://immigrationcourtside.com/2021/12/15/%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8f%f0%9f%91%8e%f0%9f%8f%bd%f0%9f%a4%ae-aimless-docket-reshuffling-adr-on-steroids-eoir-dysfunction-shows-what-happens-when/

https://immigrationcourtside.com/2021/12/16/%f0%9f%a4%a1%f0%9f%93%ba-must-see-tv-for-attorney-general-merrick-garland-his-senior-staff-youtube-proudly-presents-immigration-court-may-i-help-you/

As if to prove his tone-deafness, imperviousness to meaningful change at EOIR, and utter disdain for those advocates and “practical scholars” who helped him get his job, after one “better-balanced selection list,” Garland’s latest 22 Immigration Judge appointments reverted to the usual array of government and prosecutorial background appointments to the near-total exclusion of private/NGO/academic sector superstars who have the potential to materially change the trajectory of today’s dysfunctional Immigration Courts. Check this out! How many names do YOU recognize as among the “leading lights” of human rights and immigration scholarship and advocacy? How is this going to help advance due process, promote fundamental fairness, reduce the backlog, develop best practices, and reverse the endemic dysfunction at EOIR?

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/eoir-announces-22-new-immigration-judges

Compare and contrast this list with the ”Dream BIA” described above. The private sector talent pool to improve judging and justice at EOIR is really deep. But, Garland stubbornly refuses to “take the plunge” even as what’s left of our immigrant justice system disintegrates around him!

As Neon Deion could tell Judge G., “getting the best when you’re not yet the best” often involves working extra hard hard to actively change perceptions and aggressively recruit the “star talent.” Just sitting back to see who might apply or sign up doesn’t work any better at EOIR than it does in “non-power-five” college football.

This should be a perhaps never to be repeated chance to “model” a better Federal Judiciary. Almost overnight, Immigration Courts could go from being a “sad but true YouTube comedy routine” to an inspiring model for a better-functioning and more just Federal Judiciary.

But, not with the current personnel in place! Not with the opaque inbred selection process Garland currently uses (getting some outside Government expert input into judicial selections would be a “no-brainer” starting place). Garland is letting it slip through his fingers, but migrants and the rest of us are going to pay the price!

The “new generation” of our legal profession should be both outraged and existentially motivated to stand up to Garland’s intransigence! It’s not just migrants’ lives that are at stake here (as if that weren’t enough, in and of itself)! It’s the future of the U.S. Justice system, our legal profession, and liberal democracy that are swirling down the drain as Garland watches from his ivory tower refuge!

My time on the stage is winding down. But, for a new generation of legal professionals, it’s just starting. YOU and yours are going to have to live with the broken justice system and inferior judging that Garland is countenancing. Demand better, or prepare to live with the ugly consequences of a failed judiciary!

🇺🇸Due Process Forever!

PWS

12-18-21

🏴‍☠️TOTALLY LOST IN TRANSLATION!🤮 — Inadequate Interpretation Is Just One Of Many Mockeries Of Due Process In Garland’s Disgracefully Dysfunctional Immigration Courts! — “[T]he promise of justice in immigration court is little more than a façade!”

https://cmsny.us5.list-manage.com/track/click?u=ab341dd06620fe24c64cc2f00&id=8c2b818989&e=be87a1d505

By Maya P. Barak, University of Michigan-Dearborn:

This quote sums it all up for me:

. . . .

Ultimately, perceptions of justice within immigration court merit examination not despite the fact that due process can be used to manipulate images of fairness, but because of it.

This study highlights just some of the many problems running deep within the US immigration system. Current interpretation and technology practices reveal the promise of justice in immigration court is little more than a façade—at least from immigration attorneys’ perspectives. Further exploration of due process within immigration court is needed to determine whether or not addressing existing interpretation and technology problems through the reforms proposed here would improve immigrants’ access to justice in a meaningful way. Drawing inspiration from movements to abolish the death penalty, prison, and the police, meaningful immigration court reform efforts should also reduce the need for an immigration court altogether.

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

When I arrived at the Arlington Immigration Court in 2003, I found the contract interpreters to be excellent — some truly outstanding. A key part of the “Due Process Team.”

Before I retired in 2016, however, EOIR “re-competed” the interpretation contract and awarded it to a company that did not appear to have sufficient qualified interpreters already on staff to perform the functions. That company offered to employ most of the interpreters of the “deposed contractor,” but evidently at lower salaries and less favorable terms. The predictable result: Some of the best interpreters left and went to Article III Courts, State Courts, or other types of interpretation offering better wages and working conditions.

“[T]he promise of justice in immigration court is little more than a façade!” This bears repeating, over and over, until we get the radical due process reforms and long overdue personnel changes we need at EOIR.

This isn’t exactly “new news” to Garland and friends! Shortly after the “Ashcroft Purge of ’03,” Peter Levinson wrote a scholarly, yet scathing, expose’ of the “farce of justice at the BIA” entitled “The Facade Of Quasi-Judicial Independence In Immigration Appellate Adjudication.”

https://immigrationcourtside.com/2018/05/17/courtside-history-lest-we-forget-the-ashcroft-purge-at-the-bia-in-2003-destroyed-the-pretext-of-judicial-independence-at-eoir-forever-heres-how-read-peter-levinson/

“Eyore In Distress” — Some believe that Attorney General Merrick Garland could be charged with “cruelty to stuffed animals” for his callous failure to heed the desperate cries for help from poor abused, long suffering EYORE.

Nearly two decades later, now almost a year into the second “post-Ashcroft” Dem Administration, and still no effective corrective actions at EOIR! Indeed, whatever remnants of due process might have existed in 2003 have deteriorated steadily since then, despite nearly nine years of Dem Administrations and enough weighty evidence to sink a battleship. During that time, thousands of lives and American families have been ruined and several generations of immigration attorneys driven to despair (some quitting the field) by a system any first year law student could see is totally out of compliance with Constitutional due process and fundamental fairness!

🇺🇸Due Process Forever!

PWS

11-12-21

🏴‍☠️PERSECUTED TRANSGENDER INDIVIDUAL DIES ⚰️IN EL SALVADOR WHILE HARRIS, GARLAND, & MAYORKAS FAIL TO RE-ESTABLISH LEGAL ASYLUM SYSTEM, MAKE LONG OVERDUE REFORMS!☠️ — VEEP Apparently Can’t Grasp Why Refugees Refuse To Stay In Countries Where They Are Likely To Be Persecuted & Die — The “Easily Fixable” Part Of The Problem Is NOT Thousands Of Miles Away In Foreign Countries, But With Garland’s & Mayorkas’s Inexcusable Failures To Act On Progressive Reforms Of Our Existing Legal System For Asylum Seekers!

Grim Reaper — “This Dude loves the ‘Miller Lite’ approach to asylum by Garland and Mayorkas, as well as Harris’s latest tone-deaf ‘victim shaming.’” Keeps him (as well as human smugglers) in business! Reaper Image: Hernan Fednan, Creative Commons License

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=25ce5cef-76d6-4701-9193-3d887d407397&v=sdk

Marcos Aleman reports or AP in the LA Times:

SAN MIGUEL, El Salvador — Rejected by her family, Zashy Zuley del Cid Velásquez fled her coastal village in 2014, the first of a series of forced displacements across El Salvador. She had hoped that in the larger city of San Miguel she could live as a transgender woman without discrimination and violence, but there she was threatened by a gang.

She moved away from San Miguel, then back again in a series of forced moves until the 27-year-old was shot to death April 25, sending shock waves through the close-knit LGBTQ community in San Miguel, the largest city in eastern El Salvador.

“Zashy was desperate; her family didn’t want her … and the gangsters had threatened her,” said Venus Nolasco, director of the San Miguel LGBTQ collective Pearls of the East. “She knew they were going to kill her. She wanted to flee the country, go to the United States, but they killed her with a shot through her lung.”

One day after Del Cid’s slaying, U.S. Vice President Kamala Harris identified anti-LGBTQ violence in Central America as one of the root causes of migration in the region during a virtual meeting with the president of neighboring Guatemala, Alejandro Giammattei. She is visiting Guatemala and Mexico this week.

Transgender migrants were present in the Central American caravans that attempted to reach the United States border in recent years, fleeing harassment, gang extortion, violence and police indifference to crimes against them. Even in those large migrant movements, they say they faced harassment.

Things had been rough during Del Cid’s first stint in San Miguel. She had been living in a neighborhood where, as in many parts of the country, the MS-13 gang was the ultimate local authority. Gang members began to harass her, then brutally beat her, breaking her arm in 2015, Nolasco said.

“They warned her to leave, but she didn’t listen,” Nolasco said.

Del Cid moved in with Nolasco in the same neighborhood. One day, the gang grabbed Del Cid again.

“They took her, they wanted to kill her,” Nolasco said. “I begged them not to kill her, to let her go and she would leave the neighborhood.”

Del Cid moved back to her hometown, but her family rejected her again. She tried to please them, but she couldn’t, Nolasco said. Del Cid joined a church, got a girlfriend and had a baby girl, but could not maintain that life, she said.

She returned to San Miguel, where initially things seemed to go better. In 2020, Del Cid received humanitarian and housing support from COMCAVIS TRANS, a national LGBTQ rights organization, and the United Nations High Commissioner for Refugees.

Del Cid rented a home and opened a beauty salon there. She hired another woman to help her and was participating in an entrepreneurship program. She was preparing a business proposal to move the salon into its own space.

But Del Cid was shot in the back walking alone at night down the street. Passersby tried to help her and took her to a hospital, where she died. So far, police have made no arrests, and Nolasco believes that like other hate crimes in the country, “it will be forgotten; they’re not interested in what happens to us.”

Laura Almirall, UNHCR representative in El Salvador, said Del Cid’s killing frightened her community and saddened everyone who knew her.

“She was excited about her new plans and her new life. And unfortunately and tragically, everything came to an end,” she said.

Nolasco said that in San Miguel, some 70 miles east of the capital, the transgender community endures constant harassment from intolerant residents and gangs. They have rocks thrown at them, are beaten and are victims of extortion. If they go to police to make a report, they are insulted and demeaned. “Don’t come here to claim rights, because there are no rights for you,” police tell them, Nolasco said.

. . . .

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

Read the rest of the article at the link.

Despite some legal nonsense from EOIR and sometimes from uninformed Circuit Judges who have never represented asylum seekers and know little of actual conditions in the Northern Triangle, neither El Salvador nor the other Northern Triangle governments are “willing and able” to protect most individuals suffering gender-based and other forms of persecution. Decisions claiming otherwise are, in most cases, legally wrong and disingenuous to boot.

The U.S. asylum system needs expert Asylum Officers at DHS and progressive expert Immigration Judges at EOIR. Babbling (misleadingly) about “sealed borders” won’t take the place of telling Garland and Mayorkas to stop screwing around, bring in progressive experts, and fix the U.S. asylum system before more die! V.P. Harris could have taken the first necessary step toward “fixing the Southern Border” without even leaving DC.

How are we going to promote the rule of law in other nations when we ourselves are unwilling to exhibit honesty and follow the law with respect to the most vulnerable in the world seeking legal refuge at our borders?

🇺🇸Due Process Forever!

PWS

06-09-21

DEAN ERWIN CHEMERINSKY: GARLAND’S FAILURES @ JUSTICE GO BEYOND IMMIGRATION! — Attempting To Cover Up Your Predecessor’s Dishonesty, Ethical Lapses, & Possible Criminal Misconduct Might Be Good Bureaucracy, But It’s Bad Government! — “[T]his action is completely contrary to the public interest: The Justice Department should not be shielding itself from scrutiny.”

Judge Merrick Garland — Judge Merrick B. Garland, U.S. Attorney General — Why is this guy . . .
Official White House Photo
Public Realm

Barr Departs — Covering up for this guy . . . Lowering The Barr by Randall Enos, Easton, CT
Republished By License

Is what this guy wants to know! — Dean Erwin Chemerinsky
UC Berkeley Law
PHOTO: law.Berkeley.edu

https://www.latimes.com/opinion/story/2021-05-27/justice-department-william-barr-mueller-memo

Dean Chemerinsky writes in the LA Times:

By ERWIN CHEMERINSKY

MAY 27, 2021 1:32 PM PT

The Biden administration is making a serious mistake in placing the self-interest of the Justice Department ahead of the people’s right to know if former Atty. Gen. William Barr acted to cover up Donald Trump’s possible engagement in obstruction of justice.

A federal judge in Washington, D.C., in early May ordered the release of a crucial Justice Department memo that will shed light on Barr’s conduct and whether he acted inappropriately. Rather than comply with the judge’s command and disclose the document, the Biden Justice Department is appealing the order in an effort to keep the memo secret.

In March 2019, special counsel Robert S. Mueller III delivered his report into Russian interference in the 2016 presidential election to then-Atty. Gen. Barr. While keeping the report secret, Barr sent a letter to congressional leaders purporting to “summarize the principal conclusions.” Barr said that Mueller “did not draw a conclusion — one way or the other — as to whether the examined conduct constituted obstruction,” and that “the evidence developed during the Special Counsel’s investigation is not sufficient to establish that the President committed an obstruction-of-justice offense.” Trump then declared that he was fully exonerated.

Barr said that he had reached his conclusion “in consultation with the Office of Legal Counsel and other Department lawyers.” A Freedom of Information Act request was filed by a watchdog group to obtain the OLC memo that purportedly was the basis for Barr’s judgment that the Mueller report exonerated Trump of obstruction of justice.

A reading of the Mueller report indicates that Barr’s statements were a gross mischaracterization of the evidence it presented. There was substantial evidence that Trump had engaged in obstruction of justice and Mueller said that he offered no conclusion only because Justice Department rules prevented indicting a sitting president.

Federal Judge Amy Berman Jackson reviewed the OLC memo and concluded that there was no legal basis for withholding it from release. Indeed, she was sharply critical of the Justice Department’s arguments for secrecy. She said that the “affidavits” submitted in favor of withholding the document “are so inconsistent with evidence in the record, they are not worthy of credence.” She said that her review of the documents led her to conclude “that not only was the Attorney General being disingenuous then, but DOJ has been disingenuous to this Court with respect to the existence of a decision-making process that should be shielded by the deliberative process privilege.” She said that the agency’s “redactions and incomplete explanations obfuscate the true purpose of the memorandum.”

In plain English, she slammed the Justice Department for misleading the court in trying to keep the document secret.

This issue is central to a government operating under the rule of law: Did the attorney general act to deceive Congress and the American people to protect Trump from being seen as having engaged in obstruction of justice? The OLC memo is key to understanding what happened.

. . . .

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

Read the full op-Ed at the link.

During his Senate confirmation hearings Judge Garland presented himself well and indicated a sound understanding of justice, the proper role of the Attorney General, and the public interest. However, that now appears to have been largely skillful misdirection.

Since actually being sworn in, Garland has, surprisingly and sadly, conducted business largely without regard to progressive values, expert advice, common sense, or the public interest.

How much sense does Garland’s latest attempt to cover up for the Trump regime make? https://www.theguardian.com/us-news/2021/may/29/trump-lafayette-square-protests-us-seeks-dismissal?CMP=Share_iOSApp_Other

As many of us who served at the USDOJ over the years learned, leadership often has a tendency to confuse institutional protection, political agendas, and their own self-interest with advancing the public good, which is actually the AG’s sole job.

If there is one thing the DOJ has never wanted, under any Administration, it’s public scrutiny. That’s probably why it was so easy for the Trump Administration to get cooperation from career DOJ attorneys, who should have known better, for its corrupt policies.

🇺🇸🗽⚖️Due Process Forever!

PWS

05-30-21

ICE Continues To Use Inaccurate Police Data To Dictate Arrests and Deportations

By: Sophia Barba

On February 18, 2021, DHS published a memorandum for all ICE employees to prioritize immigrants who have been recorded as having gang affiliation for deportation and removal. ICE’s practice of using police data to identify immigrants who have been listed as being gang affiliates is not new. In 2017, ICE came under fire for their FALCON system, which gathered information as far-ranging as local police reports, social media, criminal and civil asset forfeiture records, cell phone information and even data collected by the CIA and NSA. What’s more, the information used to identify immigrants as gang-affiliated is largely inaccurate, and often mistakenly identifies individuals without much oversight. Many critics have emphasized that these systems record people using racial markers, or loosely substantiated relationships or networks, which make overgeneralized speculations about potential gang members, rather than relying on more substantial evidence. Since this data cannot be easily accessed, people who are placed on these lists often have no recourse to contest the categorization until it is too late. As Max Rivlin-Nadler from The Appeal stated,

“This ‘information imbalance’ that immigrants experience when facing deportation is immense — often they’re not told exactly what has qualified them as a “gang member,” nor given the opportunity to correct records that local or federal law enforcement might be keeping on them.”

Human Rights Watch, and several other organizations, have publicly denounced the February 18 memo, stating that the practice does nothing more than to perpetuate a heavily racialized policy that significantly eats away at immigrants’ due process rights.

Here is some more background:

LA Times reports gang databases are filled with errors.

Oregonian reports gang databases include largely just minorities

Lawsuits claimed that gang databases were being used to provide weak support for deportations

Community Organizations and Activists Unite for the #WelcomeWithDignity Campaign to Transform Asylum Policy

By: Sophia Barba

One of the most effective tools against unfair legal policies has always been the organization of like-minded, yet diverse, groups of interested parties into coalitions. Such coalitions place large-scale social pressure on lawmakers to acknowledge the positions of a broader network of people, including their own constituents.

Recently, around 30 public interest organizations from across the country have united to maintain awareness regarding draconian asylum policies, as well as encourage a shift toward dignity and fairness.

This movement, called Welcome with Dignity, is still in its early stages. Thus, it is critical to utilize our networks to spread the vision of this movement in order to support momentum. The Welcome with Dignity campaign reflects the potential for social movements to bolster the hard work that attorneys and other legal workers do every day.

More information about the campaign can be found here!

9th Circuit on Jim Route v. Merrick Garland– Elaborating on the term “Date of Admission” Regarding Removability Due to Crimes of Moral Turpitude

By: Sophia Barba

On May 6, 2021 the Ninth Circuit Court of Appeals denied a petition to review the BIA’s decision in Jim Route v. Merrick Garland. The case had been argued and submitted on April 13, 2021.

The 9th Circuit Court affirmed the decision by the Board of Immigration Appeals, which had concluded that Jim Route, the petitioner, had been:

“removable for having been convicted of a crime of moral turpitude (CIMT) within five years after the date of admission, 8 U.S.C. § 1227(a)(2)(A)(i)”

At issue was the interpretation of Route’s “date of admission.” Namely, if a noncitizen has multiple dates of admission, which one shall apply for purposes of deciding the date of admission when analyzing removability for committing a CIMT? The BIA had relied on its prior decision under Matter of Alyazji, 25 I. & N. Dec. 397 (BIA 2011) which stated that “date of admission,” in the context of § 1227(a)(2)(A)(i), refers to the “date of the admission by virtue of which the alien was present in the United States when he committed his crime.”

The Circuit Court had concluded that the Route case was eligible for
deference under Chevron, and had determined that under a Chevron analysis, that the BIA’s interpretation through Alyazji was a reasonable interpretation of the statute.

The petitioner’s argument rested primarily on the fact that the BIA’s reliance of the Alyazji interpretation ignored the Compact of Free Association governing the relationship between the United States and the Federated States of Micronesia (FSM). The panel rejected Route’s contention, explaining that the text of the Compact clearly subjects Micronesian citizens to the removability grounds of
§ 1227(a).

Jim Route, the petitioner, is a citizen of the Federated States of Micronesia. Route entered the United States in November 2005 as a nonimmigrant. He lived and worked in Hawai‘i. In 2015, Route returned to Micronesia for a vacation with his children; they stayed for less than two months. In June 2015, Route returned to the United States and was again admitted as a nonimmigrant. In June 2018, Route was convicted of unlawful imprisonment in the first degree, a class C felony in Hawai’i. Route was sentenced to 68 days’ imprisonment and four years’ probation.

For cultural context, the noncitizens from Micronesia make up a significant portion of the labor force in Hawai’i. According to local advocates in Hawai’i, “There are an estimated 15,000 to 20,000 Micronesians in Hawaii, who began migrating here in bigger numbers in the 1990s in search of economic and educational opportunities.” (Crux)

Part of the Petitioner’s argument rested on the unique international agreement called the Compact of Free Association, which “allows citizens from the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau to live and work freely in the United States in exchange for allowing the U.S. military to control strategic land and water areas in the region.” (Crux)

According to many people living in Hawai’i, Micronesians often face hardship being treated as outsiders and targeted by locals as being unwanted laborers who allegedly take away economic opportunities from them. Some Micronesians in Hawai’i have even expressed that they experience high incidences of violence and are more targeted by police. Two days after the Ninth Circuit published its opinion declining to review the BIA’s opinion, a 16-year old Micronesian boy was shot by police in Hawai’i after allegedly committing a spree of crimes in Honolulu. Hawai’ian social media was flooded with comments that touted anti-Micronesian sentiment, illuminated a microcosm of xenophobia that is similar to sentiments carried by many on the mainland. (KCTV Channel 5)

The anti-Micronesian sentiment in Hawai’i can be compared to the treatment of Latin-American noncitizens in the contiguous territories of the United States, or even the sentiments many Europeans carry against African or Middle-Eastern migrants. The sentiment that noncitizens who arrive for economic opportunity contribute to blight, crime, and siphon opportunity from others is an oft-told narrative no matter the region.

You can find the full opinion and summary that was published by the 9th Circuit here.

😎🗽👍⚖️FINALLY, SOME GOOD NEWS FROM THE EOIR TOWER! — Trump “Burrower” 🤮👎 Carl C. Risch Out As Deputy Director!

By Paul Wickham Schmidt

Courtside Exclusive

May 7, 2021

Hamed Aleaziz @ BuzzFeed News tweeted https://twitter.com/Haleaziz/status/1390724674825326593?s=20 this afternoon that “Trump burrower” Carl C. Risch has resigned as Deputy Director @ EOIR. This move fulfills a prediction made earlier this week by Courtside source “DT-21.” https://immigrationcourtside.com/2021/05/05/🤮👎🏻shocking-betrayal-justice-garland-disses-progressive-experts-with-secret-appointments-of-17-unqualified-immigration-judges-n/

It follows an inquiry from Senate Judiciary Chair Senator Dick Durbin (D-IL) and others to the Garland DOJ about the much-criticized and obviously questionable last minute appointment of the former DOS politico to a SES job at EOIR. Chairman Durbin, in turn, was no doubt spurred into action by complaints from members of the NDPA and others in the due process advocacy community. https://immigrationcourtside.com/2021/04/20/⚖%EF%B8%8Fas-garland-dawdles-chairman-dick-durban-d-il-homes-in-on-eoir-deputy-director-illegally-appointed-burrower-carl-c-risch-what-should-have-b/

Risch’s last-minute appointment at EOIR was particularly egregious, since he had no known Immigration Court experience. EOIR currently is in an existential crisis that threatens to topple the entire U.S. Justice System, with a highly politicized “judiciary” and an astounding, largely self-inflicted 1.3 million case backlog.

That backlog multiplied much faster than the additional Immigration Judges that Sessions and Barr used to “pack” the Immigration Courts with restrictionists and judges sympathetic to ICE enforcdement and often hostile to asylum seekers and their lawyers. As many experts have observed, the Trump era hires often had highly questionable judicial qualifications, many lacking any immigration law expertise or experience. Perhaps, that’s a reason why the backlog continued to grow exponentially even as Sessions and Barr tried gimmick after gimmick, a number of them blatantly illegal and enjoined by Federal Courts, to cut corners and “rev up” the “Trump Deportation Railroad @ EOIR.”

Obviously, throwing an unqualified political hack like Risch into this mess in a senior “management” position was just another example of the Trump Administration’s abuse of government resources and manipulation of personnel practices @ DOJ. It took some time for Judge Garland to get this one right. But, better late than never.

However encouraging the news of Risch’s departure might be, there is still much more “housecleaning” to be done by Garland at the EOIR Tower. That should start with BIA Chair David Wetmore, a Stephen Miller/Gene Hamilton crony with no positive reputation for scholarship or expertise in the immigration/human rights community and no known experience representing asylum seekers or other migrants in Immigration Court.

It’s little wonder that with “appellate judges” who have earned little respect in the legal community at large comprising the BIA, the system is a mess, turning out poor work product and elementary errors, “outed” by the Article IIIs on a regular basis.

Due Process Forever!

PWS

05-07-21

THE PROBLEM WITH JUSTICE @ JUSTICE, IN A NUTSHELL — Super-Talented Houston Immigration Lawyer Elizabeth J. Mendoza Knows Exactly What’s Wrong @ EOIR & Succinctly Tells Us How To Fix It In This Paper Published By The Baker Institute For Public Policy @ Rice University — So Just Why Are Elizabeth & Other NDPA Talents Like Her Writing Papers, Drafting Letters (Likely To Be Ignored), & Filing Lawsuits Against Garland While Chaos & Incompetence Reigns @ EOIR & Garland Appoints 17 Absurdly Lesser Qualified Individuals Selected By Barr/Miller As His “Initial Class Of IJs?”

https://www.bakerinstitute.org/media/files/files/42f91a4a/usmx-pub-imm-courts-042721.pdf?fbclid=IwAR3XtP7RfPzZsIfo-OLH3nmAWDDZvjHaPZiZMYXLVWlIGYo9ymcc-KD5IUs

Excerpts from “A New Opportunity to Build a 21st-Century Immigration Court System” by Elizabeth M. Mendoza:

This lack of judicial independence, along with heavy dockets and the vulnerability of the EOIR to the political influence of the administration in power, has created the crisis we have today. It also presents the Biden-Harris administration with the opportunity to course-correct and put the EOIR on a path to effectively, nimbly, and fairly navigate the 21st century and beyond.

. . . .

Immigration judges need to be able to manage their dockets. A practical tool to help them do so is the use of administrative closure. This tool allows judges to “freeze” cases, or make them inactive, at their discretion or when requested to do so by the UP or the Department of Homeland Security. The case remains in the court system under the control of the immigration judge, but it is not on an active docket requiring hearings in court. This tool is commonly used when the UP has a petition pending with another agency, usually Citizenship and Immigration Services (CIS), that if approved would allow the UP to apply for permanent residency in court or with CIS. Through administrative closure, the judge can put the UP’s case on inactive status, allowing the UP to process the petition with another agency. This allows the judge to free up docket slots for other cases and thereby process more cases that do not have collateral relief or are higher priority.

. . . .

It is against this backdrop that the EOIR currently uses quotas. The quota metric imposed by the last presidential administration does little to promote a fair, nimble, effective court system. It is a policy that should be rescinded as soon as possible.

. . . .

Certifying cases without transparency or regard to the reality of the immigration situation at our borders, in our communities, and in the EOIR system itself does not engender confidence that the EOIR is independent. Indeed, case certification is the antithesis of an immigration judge’s judicial independence. And, while an administration may be tempted to use the certification tool to achieve its political and policy goals, it is not appropriate within the judicial context unless it is used to undo precedents clearly at odds with statutes, regulations, or congressional intent.

. . . .

With over 1 million cases pending in its system, the EOIR cannot continue down this path. It should institute reasonable, practical, real-world solutions to manage its docket and afford due process and fairness to those who come before it presenting their cases for relief.

. . . .

The EOIR must be effective, nimble, and fair. The Biden-Harris administration has all the tools at its disposal to recreate an EOIR that embodies these traits. It will require a thoughtful approach, competent management, consistent policy deployment, and transparency to achieve these goals. The last four years saw numerous policy and regulatory changes to the EOIR that fundamentally changed the focus of the immigration court system into what could be considered a “deportation machine.” As noted earlier, the EOIR is a civil court system housed inside a law enforcement agency. It is not an independent court.

. . . .

The people who appear before the EOIR deserve a well-functioning court system. Our communities deserve a court system that promptly adjudicates the cases of bad actors so they can be quickly removed. And our nation deserves an EOIR that reflects the best of American principles—that all people are equal under the law.

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

“Nimble” certainly isn’t a word I’ve ever used to describe EOIR. But, it shows exactly why new thinking and dynamic creative leadership is required @ DOJ and EOIR. And, Elizabeth and others are more than ready to provide it! I just don’t think anyone asked them to come on board.

Something I learned as a Senior Executive in the Government and in private practice: If you want to change the composition of your workforce and attract the”best and the brightest” you must ACTIVELY recruit! It’s also something that I learned from rebuilding the Legacy INS legal program under General Counsel Maurice C. “Iron Mike” Inman, Jr.

Mike told me to treat every law school appearance, public speech, CLE, bar luncheon, or training session as a “recruitment opportunity” and never, never to rely solely on the “USG system” for getting out the word to the folks we wanted to reach to improve our program and provide better legal services to the Commissioner. He also insisted that I deliver that message to each member of our senior legal staff: every engagement was a potential selling and recruiting opportunity!

So, here’s Elizabeth’s “resume” —

About Attorney Elizabeth M. Mendoza

Attorney Elizabeth M. Mendoza practices exclusively immigration law since 1993. She is a graduate of Rice University and the University of Houston Law Center.

Attorney Mendoza represents immigrants and their families in family-based immigration, removal defense in immigration court (asylum, CAT, withholding of removal, cancellation of removal, voluntary departure), appeals and motions, consular processing, waivers, citizenship, work permits, TPS, NACARA, VAWA, U and T visas, Deferred Action, widow\er petitions, removal of conditionals of residency, and renewals of residency card.

For over two decades Attorney Mendoza has provided pro bono legal assistance to non-profit organizations throughout the Houston area, such as Catholic Charities. She volunteered at Bush Airport in Houston, Texas to assist travelers affected by the travel ban. Attorney Mendoza volunteered in Matamoros, Mexico in a camp along the Rio Grande helping asylum seekers.

Committed to supporting fair and just immigration laws, Attorney Mendoza has lobbied at the Texas capitol and in Washington, D.C. for comprehensive immigration legislation.

Advocating for immigrants and their families, Attorney Mendoza is a frequent speaker at community know your rights talks in churches and schools.

Attorney Mendoza is a speaker at workshops for the University of Houston Law Center and the state bar of Texas where she presents to colleagues about different immigration law topics.

Currently, Attorney Mendoza serves as the liaison to immigration courts (Executive Office for Immigration Review) in the Houston area on behalf of the American Immigration Lawyers Association (AILA).

Attorney Mendoza is licensed by the state bar of Texas since 1993. She is a member of the American Immigration Lawyers Association since 1996.

So, here’s someone who not only has intellectual brilliance, comprehensive knowledge of immigration, human rights, and due process, organizational skills, presentation and writing skills, creativity, and demonstrated leadership and inspirational mentoring ability, but has actually used them to represent individuals in Immigration Court and to solve real life problems!
Everything a real judge or a competent judicial administrator should be!

Compare Elizabeth’s qualifications and background with the ridiculously thin qualifications of the “Miller Lite Holdover Gang of 17” that Garland had the audacity to announce publicly yesterday! (Only after “DT-21,” Kowalski, and I “outed” the sordid story.) You can’t compare them because there is no comparison! Elizabeth and other NDPA superstars are the folks we need in charge of EOIR, replacing the existing BIA, and on the Immigration Bench across the country. And, they aren’t hiding under rocks!

For obvious reasons many exceptionally well qualified practical scholars and advocates did not apply for largely fraudulent Immigration “Judgeships” that were more like “Deportation Clerkships” operating under a scofflaw, unethical, xenophobic, racist, misogynistic Trump DOJ.

For Pete’s sake, this is a life or death court system, not a stupid bureaucracy! It’s up to folks like Garland to actively recruit the “best and brightest” from the private sector, NGOs, academia, and minority communities to build a diverse, progressive judiciary that eventually will model “best judicial practices” and “feed” the Article IIIs “battle tested” judicial talent unswervingly committed to due process and equal justice for all.

Part of that is “repackaging and reinventing” these jobs as independent judgeships, with good working conditions, adequate support, no political interference, and where courage, integrity, and top flight scholarship in pursuit of due process, fundamental fairness, and equal justice for all will be encouraged, respected, and honored! In simple terms, “more Elizabeth Mendozas.” It’s also why all “recruitments” conducted under the Trump DOJ should be considered tainted and inherently suspect!

🇺🇸👩🏽‍⚖️🗽⚖️Due Process Forever!

PWS

05-07-21

🤮☠️⚰️👎🏻HISTORY OF HATE: Misogyny, Vilification, Racist Hate Directed At Asian Women Has Deep Roots in U.S. Law! — Jessica Pearce Rotondi in History!

Jessica Pearce Rotondi
American Freelance Writer & Editor
PHOTO: Facebook

Before the Chinese Exclusion Act, This Anti-Immigrant Law Targeted Asian Women
The 1875 Page Act was one of the earliest pieces of federal legislation to restrict immigration to the United States.
Jessica Pearce Rotondi Mar 19, 2021
The Chinese Exclusion Act of 1882 is often seen as the first major law to restrict immigration in the United States. But there is an earlier law that was used to effectively prevent Chinese women from immigrating to the United States: The Page Act of 1875.
Chinese Immigration in America
The first Chinese immigrants began arriving in the United States in the 1850s. Many were fleeing the economic consequences of The Opium Wars (1839-42, 1856-60), when the British fought to keep opium trafficking routes open in defiance of China’s efforts to stop the illegal trade. An ensuing series of floods and droughts drove members of the lower classes to leave their farms and seek new work opportunities abroad.
When gold was discovered in California in 1848, more and more Chinese immigrants traveled to the West Coast to join the Gold Rush. Some worked on American farms or in San Francisco’s growing textile industry. Others were employed as laborers with the Central Pacific and Transcontinental railroads—railroads which would speed up Westward expansion and facilitate
https://www.history.com/news/chinese-immigration-page-act-women?c…21-0329-03292021&om_rid=&~campaign=hist-inside-history-2021-0329 Page 1 of 7

Before the Chinese Exclusion Act, This Anti-Immigrant Law Targeted Asian Women – HISTORY 3/29/21, 11:35 PM
the movement of troops during the Civil War.
Despite their pivotal role in building the infrastructure of the United States, racism directed at Chinese immigrants was a constant from the moment they arrived on American shores.

. . . .

Both European and Asian immigrants came to the United States seeking to improve their economic well being, explains Dr. Melissa May Borja, assistant professor in the Department of American Culture at the University of Michigan. But Chinese immigrants were regarded as a bigger threat.
“They were seen as a racial threat to a pure white America. They were seen as an economic threat to free white labor. They were depicted as a disease threat—a lot of anti-Chinese rhetoric hinged on portraying Chinese people as filthy and disease-ridden. They were also seen as a religious and moral threat as heathens who threatened a Christian America.”

. . . .

Chinese women were perceived as a particular type of threat: A sexual one. “They were stereotyped as promiscuous, as prostitutes,” says Borja.
While there were Chinese women working in the sex industry in the mid-19th century, they were singled out from their white peers: “Chinese women were specifically accused of spreading sexually transmitted diseases. They were scapegoated. That sexualized stereotype stuck,” says Dr. Kevin Nadal, professor at the City University of New York and vice president of the Filipino American National Historical Society.
Did you know? The earliest known Chinese woman to immigrate to America, Afong Moy, arrived in New York from Guangzhou in 1834. She had bound feet and was exhibited as a curiosity across the United States, first by traders Nathaniel and Frederick Carne and later by American promoter and circus founder P. T. Barnum.

. . . .

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

Read the full article at the link.

The ugly history of abuse, vilification, sexualization, and racism directed at Asian American women has deep roots. It’s the history of the “real America” — essentially a “white’s only” sociopolitical structure engrafted on a national economy and culture built on the backs of black, Asian, Hispanic, and immigrant labor. The history that today’s GOP both doesn’t want you to learn while they generate hate directed at people of color and strive to repeat the mistakes and “reprise” the false racist narratives of the past.

PWS

03-31-21

⚖️🗽MORE TRUTH ABOUT THE SOUTHERN BORDER FROM ONE OF AMERICA’S 🇺🇸 LEADING HUMAN RIGHTS EXPERTS: “Real Needs, Not Fictitious Crises Account For The Situation at US-Mexico Border,” By Donald Kerwin Center For Migration Studies

Donald M. Kerwin
Executive Director
Center for Migration Studies

In a new essay for the Center for Migration Studies of New York (CMS), CMS’s Executive Director Donald Kerwin writes:

The number of unaccompanied children and asylum-seekers crossing the US-Mexico border in search of protection has increased in recent weeks. The former president, his acolytes, and both extremist and mainstream media have characterized this situation as a “border crisis,” a self-inflicted wound by the Biden administration, and even a failure of US asylum policy. It is none of these things. Rather, it is a response to compounding pressures, most prominently the previous administration’s evisceration of US asylum and anti-trafficking policies and procedures, and the failure to address the conditions that are displacing residents of the Northern Triangle states of Central America (El Salvador, Guatemala, and Honduras), as well as Venezuela, Cuba, Haiti, and other countries…

The real immigration crisis is not at the border, but in the failure to respond effectively to the conditions driving forced migration, to establish orderly and viable legal immigration policies, to legalize the increasingly long-tenured undocumented population, and to reform and invest sufficiently in the US asylum and immigration court systems.

READ MORE

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

Thanks Don for speaking out against the scandalous GOP complete “border BS,” all too often parroted by the so-called “mainstream press.” Read the rest of Don’s essay at the link.

Don has spent his entire career solving migration and human rights problems. The Biden Administration and everyone who believes in American democracy should listen to “practical experts” like Don, rather than ignorant, racially-motivated GOP politicos and White Nationalist nativists spouting the “same old, same old” myths, fear-mongering, and unhelpful “non-solutions.”

If xenophobic rhetoric, cruelty, officially-sanctioned child abuse, evading our own legal and humanitarian responsibilities, and “enforcement only” were the “solutions,” the “problem at the Southern Border” — which has existed in one form or another for over a half century, would long ago have been solved. We can’t solve humanitarian situations that create forced migration with unilateral law enforcement gimmicks and cruelty toward the humans fighting for their lives. Human migration long pre-existed the formation of nation states and establishment of national boundaries.

Administration after administration, of both parties, have squandered time and taxpayer money on unsuccessful efforts to “enforce their way” out of forced migration situations. Contrary to GOP blather, Democratic Administrations have been almost as fixated as the GOP with unsuccessfully “detaining, deterring, and enforcing” their way out of human problems that demand more thoughtful human solutions.

All Administrations at some point prematurely claim that their efforts have “succeeded.” None actually have succeeded in addressing the causes of the migration. Therefore, none of these “false solutions” proves “durable.”

Significantly, Don is one of the few commentators to fully grasp the integral connection between the Trump regime’s complete destruction of the integrity of the Immigration Courts and its lawless, yet highly ineffective, border policies.

Real solutions don’t kill, harm, and maim refugees and forced migrants, encourage criminal cartels and corrupt foreign officials to prey on them, and stack up desperate humans in dangerous conditions just across the border because US Government officials were too biased and incompetent to operate under any semblance of the rule of law.

We can abide by our own laws, international norms, our Constitution, human decency, and common sense. It isn’t rocket science.

But, it does require a combination of expertise, courage, humanity, and practical problem solving that has been conspicuously absent from our governing structure since 2017, and severely undervalued before that.

Also, it’s certainly not that the Biden Administration has suddenly re-established due process and the rule of law at the border. Far from it!

The vast majority of those arriving at the border, even those who are applying at legal ports of entry, are unceremoniously and summarily removed without any process at all, let alone due process of law. This is all based on a largely bogus Trump-initiated exercise of authority by the CDC to use COVID-19 as a pretext to suspend the rule of law and constitutional due process at the border.

Moreover, we shouldn’t forget that even with the Biden Administration’s gradual efforts to re-establish a legal process for asylum seekers, unaccompanied children are still being held in Government detention for far longer than the 72-hours permitted under law. This problem won’t be solved, as some GOP nativists incredibly suggest, by dumping kids back across the Mexican Border, returning them to danger in their home countries without regard to their individual situations, or forcing them to turn to smugglers to make their way to relative safety in the interior of the U.S.

Nor will it be solved by long-term detention in disgraceful and inhumane “Baby Jails!” Ask my Georgetown Law colleague and author Professor Phil Schrag of the CALS Asylum Clinic about that!

Interestingly, some of the biggest complainers spreading the “open borders myth” are Greg Abbott and other Texas GOP politicos who have prematurely “reopened their state” in the middle of a pandemic in blatant contravention of best medical and public health advice. So, you can summarily dismiss their “crocodile tears” and bogus “hand wringing” about public health and safety.

That’s particularly true since the GOP is just coming off a massive example of how their incompetent mis-governance of Texas caused unnecessary misery and loss of life among Texas residents as a result of a highly predictable and long-foreseen “weather emergency.” Why does the mainstream media often continue to treat these “political hacks,” who couldn’t “govern” their way out of a paper bag, as credible spokespersons on anything, let alone human rights situations of which they have no expertise whatsoever?

🇺🇸🗽⚖️Due Process Forever! Re-Establish The Rule Of Law, Including Full, Robust Humanitarian Protections At The Border & In Our Disgracefully Dysfunctional Immigration “Courts.”

PWS

03-18-21

GETTING BEYOND THE RACIST MYTH OF THE “ZERO SUM GAME ECONOMY” — Heather C. McGhee @ NYT

https://www.nytimes.com/2021/02/13/opinion/race-economy-inequality-civil-rights.html

Ms. McGhee is the author of “The Sum of Us: What Racism Costs Everyone and How We Can Prosper Together,” from which this essay is adapted.

Over a two-decade career in the white-collar think tank world, I’ve continually wondered: Why can’t we have nice things?

By “we,” I mean America at-large. As for “nice things,” I don’t picture self-driving cars, hovercraft backpacks or laundry that does itself. Instead, I mean the basic aspects of a high-functioning society: well-funded schools, reliable infrastructure, wages that keep workers out of poverty, or a comprehensive public health system equipped to handle pandemics — things that equally developed but less wealthy nations seem to have.

In 2010, eight years into my time as an economic policy wonk at Demos, a progressive policy research group, budget deficits were on the rise. The Great Recession had decimated tax revenue, requiring more public spending to restart the economy.

But both the Tea Party and many in President Barack Obama’s inner circle were calling for a “grand bargain” to shrink the size of government by capping future public outlays and slashing Social Security, Medicaid and Medicare. Despite the still-fragile recovery and evidence that corporations were already paring back retirement benefits and ratcheting down real wages, the idea gained steam.

On a call with a group of all-white economist colleagues, we discussed how to advise leaders in Washington against this disastrous retrenchment. I cleared my throat and asked: “So where should we make the point that all these programs were created without concern for their cost when the goal was to build a white middle class, and they paid for themselves in economic growth? Now these guys are trying to fundamentally renege on the deal for a future middle class that would be majority people of color?”

Nobody answered. I checked to see if I was muted.

Finally, one of the economists breached the awkward silence. “Well, sure, Heather. We know that — and you know that — but let’s not lead with our chin here,” he said. “We are trying to be persuasive.”

The sad truth is that he was probably right. Soon, the Tea Party movement, harnessing the language of fiscal responsibility and the subtext of white grievance, would shut down the federal government, win across-the-board cuts to public programs and essentially halt the legislative function of the federal government for the next six years. The result: A jobless recovery followed by a slow, unequal economic expansion that hurt Americans of all backgrounds.

The anti-government stinginess of traditional conservatism, along with the fear of losing social status held by many white people, now broadly associated with Trumpism, have long been connected. Both have sapped American society’s strength for generations, causing a majority of white Americans to rally behind the draining of public resources and investments. Those very investments would provide white Americans — the largest group of the impoverished and uninsured — greater security, too: A new Federal Reserve Bank of San Francisco study calculated that in 2019, the country’s output would have been $2.6 trillion greater if the gap between white men and everyone else were closed. And a 2020 report from analysts at Citigroup calculated that if America had adopted policies to close the Black-white economic gap 20 years ago, U.S. G.D.P would be an estimated $16 trillion higher.

. . . .

I’ll never forget Bridget, a white woman I met in Kansas City who had worked in fast food for over a decade. When a co-worker at Wendy’s first approached her about joining a local Fight for $15 group pushing for a livable minimum wage, she was skeptical. “I didn’t think that things in my life would ever change,” she told me. “They weren’t going to give $15 to a fast food worker. That was just insane to me.”

But Bridget attended the first organizing meeting anyway. And when a Latina woman rose and described her life — three children in a two-bedroom apartment with bad plumbing, the feeling of being “trapped in a life where she didn’t have any opportunity to do anything better” — Bridget, also a mother of three, said she was struck by how “I was really able to see myself in her.”

“I had been fed this whole line of, ‘These immigrant workers are coming over here and stealing our jobs — not paying taxes, committing crimes and causing problems,’” Bridget admitted. “You know, us against them.”

Soon after she began organizing, the cross-racial movement had won a convert. “In order for all of us to come up, it’s not a matter of me coming up and them staying down,” she said. “It’s the matter of: In order for me to come up, they have to come up too. Because honestly, as long as we’re divided, we’re conquered.”

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

Read the complete article at the link.

Inability to think beyond racist myths and false narratives is holding America back from realizing our full potential.

“Dividing and conquering” is the strategy of the modern GOP. If one could get behind the racist stereotypes and white resentment, rural America probably has far more in common with hard-working undocumented immigrants, African Americans, and Latinos than with elitist GOP politicos and corporate moguls — certainly more than with the notoriously lazy, dull, corrupt grifter Trump! But, the key seems to be to promote minority rule by sowing hate and distrust, thereby preventing the common good of the majority from prevailing.

While much of the “beggar thy neighbor” fear mongering comes right out of the current GOP playbook, Dems, including many in the Obama Administration, have also been guilty, as Heather points out. Just read some the alarmist stuff being put out by former Obama economic honcho Larry Summers.

And, contrary to White Nationalist myths about “job stealing,” much of American economic growth and innovation can be traced directly to immigrants, both documented and undocumented.

PWS

02-15-21

⚖️🗽🇺🇸👩🏻‍⚖️BREAKING: GREAT NEWS FOR DUE PROCESS! – McHenry Ousted @ EOIR, Replaced By Highly Competent, Due-Process-Oriented Professional Judicial Administrator Jean King (Acting) – McHenry Led Miller/Hamilton “Weaponization” Of EOIR, Interference With Judicial Independence, Anti-Asylum White Nationalist Agenda, War On NAIJ & Lawyers, Creation Of 21st “Century Star Chambers” — Gross Mismanagement Helped Artificially “Jack Backlog” To Astounding 1.3 Million Cases With Thousands Of Others Likely “Lost in Space” In EOIR Chaos & Dysfunction!

McHenry informed EOIR employees last Friday that he was returning to his position as an OCAHO Administrative Law Judge. Can’t imagine there were too many tears shed, except within the “inner circle” of the “EOIR kakistocracy.”

OCAHO has long been viewed as EOIR’s “Siberia equivalent” and has been used to “exile” other “out of favor” Senior Execs in the past (ironically including King). Given OCAHO’s traditionally rather limited docket, it appears that McHenry’s ability to further damage our justice system and demean humanity will be restricted.

Notably, he was appointed Director by former Attorney General and notorious child abuser Jeff “Gonzo Apocalypto” Sessions without any known qualifications to manage one of America’s largest, most important, and totally screwed-up court systems. Over his four-year tenure, he proved to be every bit as unqualified for the job as his embarrassingly-thin resume originally suggested he would be.

He was part of the remarkably unqualified aptly-named “Atlanta Mafia” at EOIR. They degraded justice and humanity in equal portions as part of their nativist crusade to expand the “Atlanta Asylum Free Zone” nationwide. Basically, only the courageous hard work of talented immigration advocates stopped their nefarious program from reaching its objective, although that’s not to minimize in any way the lasting damage they did to our legal system and human lives.

Among McHenry’s many negative achievements was driving already-low EOIR morale and poor working conditions to depths never before seen or imagined. And, that was for his own employees! Imagine what it was like for foreign nationals and their courageous, determined, yet beleaguered attorneys consigned to this “hell on earth” specially designed to chew up lives and degrade humanity as part of as vile “strategy” to use “courts as deterrents” to those with audacity to seek justice in America.

Jean King, by contrast, is an experienced public servant known for her commitment to due process, fundamental fairness, sound scholarship, ethical standards (something that has “gone AWOL” at the DOJ over the past four years), and the “lost art of good government” which the Biden-Harris Administration appears committed to re-establishing.

Jean served on the on the BIA staff when I was Chair. She advanced in EOIR during the tenure of the late Juan Osuna as BIA Chair and then Director. She reportedly chose “exile to OCAHO” after she refused as General Counsel to “go along get along” with some of McHenry’s more outrageously illegal regulatory/administrative moves. He also retaliated by cutting the authority of the OGC and assigning it instead to his bogus “Office of Policy.” (Talk about “fraud, waste, and abuse” of government resources –- while the Immigration Courts lacked, and still lack, a functioning e-filing system, McHenry found time and resources for shenanigans like this, obscene “Immigration Judge dashboards,” and pursuing “decertification” of the NAIJ which had “blown the whistle” on his “maliciously incompetent” management!)

McHenry’s continuing presence as Director following the inauguration and his “in your face audacity” in issuing memos attempting to define “judicial independence” as obedience to the White Nationalist restrictionist agenda he had been implementing rightly drew outrage from all immigration experts who understand the ongoing contempt for due process and abuses of humanity that have somehow become “institutionalized” as “acceptable behavior” at EOIR during the last four years. https://www.politico.com/news/2021/01/27/biden-replaces-immigration-court-463053

If nothing else, Jean King should be able to stop the flood of illegal regulations, false and misleading policy memos and bogus “fact sheets,” and further deterioration of due process until “Team Garland” gets its “EOIR Reform Group” in place.

All of us who care about American justice and due process should be heartened that somebody on the Biden Team is aware of the due process disaster at EOIR, has taken bold, decisive action, and apparently plans to fix it, sooner rather than later!

Here is Jean’s bio from the EOIR website:

Jean King
Chief Administrative Law Judge

Jean King was appointed as the chief administrative law judge in June 2019. Immediately prior to assuming her current duties, she served as general counsel of the Executive Office for Immigration Review (EOIR) beginning in September 2015. Ms. King received a bachelor of arts degree in 1988 from Brown University and a juris doctorate in 1995 from the College of William and Mary. From July 2015 to August 2015, and previously from December 2012 to October 2014, Ms. King served as deputy general counsel, EOIR. From November 2014 to June 2015, she served as acting general counsel, EOIR. From October 2011 to December 2012, she served as a counsel to the director, EOIR. From March 2011 to October 2011, she served as acting director of operations, Board of Immigration Appeals (BIA), EOIR. From 2009 to March 2011, Ms. King served as a temporary board member, BIA. From 2006 to 2009, she was a senior legal advisor at the BIA. From 1996 to 2006, she served as an attorney advisor at the BIA. Prior to joining the BIA, Ms. King spent one year as a judicial law clerk with the Superior Court of Connecticut. Ms. King is a member of the Connecticut and New York State bars.

Good luck Jean! Please don’t forget the “Old EOIR Vision” that used to at the top of our internal web page– “through teamwork and innovation, be the world’s best tribunals guaranteeing fairness and due process for all.” It’s still the right vision for EOIR and America, and with the right team, in place, it still can be achieved!

Due Process Forever!

PWS

01-27-21

THE GIBSON REPORT 01-11-21 — THE DISHONOR 👎🏻 ROLL🧻: Immigration Kakistocracy Attempts To Keep Rolling Out The “Crimes Against Humanity,”☠️🤮 Even As Neo-Nazi Regime ☠️⚰️ & GOP Apologists Disintegrate Into A Failed Insurrection 🏴‍☠️Against America! — Biden Must Restore Integrity, Competence, & Loyalty To Government 🇺🇸⚖️☠️ — EOIR “Clown Show” Must Be One Of The First (But Certainly Not Last) 🤡🦹🏿‍♂️ To Go — DHS also Needs Top To Bottom “Clean Out!”🧹🪠

Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

COVID-19

Note: Policies are rapidly changing, so please verify information on the relevant government websites and with colleagues as best you can.

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, February 5, 2021. NYC non-detained remains closed for hearings.

TOP NEWS

Judge blocks wide-ranging asylum limits, finding DHS chief did not have authority to issue them

CBS: Another federal judge on Friday ruled that Chad Wolf was likely unlawfully appointed to his position at the helm of the Department of Homeland Security (DHS), issuing a decision that blocked a set of broad asylum limits slated to take effect Monday.

Trump Announced He Withdrew The Nomination Of Chad Wolf To Run DHS After He’d Criticized The Capitol Riot

Buzzfeed: White House officials said the withdrawal, taking place two weeks before the end of Trump’s term, was not connected to Wolf’s statement.

Trump’s refugee resettlement policy blocked by federal appeals court

WaPo: The U.S. Court of Appeals for the 4th Circuit said the administration’s policy undermines the national resettlement program created four decades ago by Congress.

Biden plans to nominate Merrick Garland as his attorney general

WaPo: President-elect Joe Biden plans to nominate federal judge Merrick B. Garland, a Democratic casualty of the bitter partisan divide in Washington, to be the next attorney general, tasked with restoring the Justice Department’s independence and credibility, according to people familiar with the decision.

Despite Senate Wins, Broad Immigration Reform Still Far Off

Law360: Democratic victories in Georgia’s heated Senate runoffs gave the party a slim majority in Congress, but without enough votes to end a filibuster.

To stay or to go?

WaPo: More than 2,500 detainees, most with no serious criminal history, have given up their cases since March, according to records from the Transactional Records Access Clearinghouse, a research group at Syracuse University. Those records also show that detainees put in deportation proceedings in July 2020 were twice as likely to opt for voluntary departure than those from a year before.

First new DACA applications approved in final weeks of 2020

WaPo: Over 170 new applicants have become the first individuals in several years to win approval to the Obama-era Deferred Action for Childhood Arrivals program for immigrants brought to the U.S. as young people, the U.S. government revealed in a court filing Monday.

Honduras president took bribes from drug traffickers, US prosecutors say

Guardian: US federal prosecutors have filed motions saying the Honduran president, Juan Orlando Hernández, took bribes from drug traffickers and had the country’s armed forces protect a cocaine laboratory and shipments to the US.

Governor Cuomo Outlines 2021 Agenda: Reimagine | Rebuild | Renew

NY: This year, Governor Cuomo will continue to support the Liberty Defense Project to keep fighting for immigrants seeking a better life for themselves and their families. New York’s strength, character, and pride are found in the diversity and rich culture that makes us the Empire State.

LITIGATION/CASELAW/RULES/MEMOS

District Court Issues Nationwide Preliminary Injunction Against New Asylum Regulations

A federal district court in California preliminarily enjoined the government from implementing, enforcing, or applying the 12/11/20 final rule, “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.” (Pangea Legal Services, et al. v. DHS, et al., 1/8/21) AILA Doc. No. 21011107

EOIR Issues Policy Memo on Continuances

EOIR issued a memo (PM 21-13) updating and replacing OPPM 17-01, Continuances, to account for legal and policy developments subsequent to its issuance. The memo provides a non-exhaustive list of legal and policy principles as an aid to adjudicators considering common types of continuance requests. AILA Doc. No. 21011101

High Court Nixes 9th Circ. On Asylum-Seekers’ Bond Hearings

Law360: The U.S. Supreme Court on Monday threw out a Ninth Circuit ruling that detained asylum seekers who clear an initial fear screening must be given a prompt bond hearing, sending the case back to the appeals court for reconsideration.

SCOTUS grants cert in TPS case

SCOTUSblog: The case asks whether a grant of Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident status if those noncitizens originally entered the United States without being “inspected and admitted” – a term of art referring to lawful entry and authorization by an immigration officer.

The Solicitor General’s Extraordinary Push to Place Even More Immigration Cases on the Supreme Court Docket

ImmProf: There are four immigration related cases set to be considered, with three being petitions by the government (more SG petitions on distinct immigration issues than one would usually expect in the course of an entire year), and the other involving a case in which the SG is agreeing that certiorari is appropriate (also a rare position for the SG). The SG’s position in each of these cases shows an unusual aggressiveness towards the role of the Supreme Court.

BIA Rules on Adverse Credibility Findings Based on Fraudulent Documents

The BIA found that IJs may find a document to be fraudulent without forensic analysis if it contains obvious defects or readily identifiable hallmarks of fraud, and the party submitting the document is given an opportunity to explain the defects. Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021) AILA Doc. No. 21010801

CA3 Holds That Conspiracy to Commit Fraud of Over $10,000 in Intended Losses Is an Aggravated Felony

The court held that a conspiracy or attempt to commit fraud or deceit involving over $10,000 in intended losses is an aggravated felony, and remanded to determine whether petitioner’s convictions under 18 USC §1037(a) reflected over $10,000 in intended losses. (Rad v. Att’y Gen., 12/21/20) AILA Doc. No. 21010500

CA3 Finds Conferral of TPS Does Not Constitute an Admission

The court reversed the district court opinion and disagreed with CA6 and CA9 interpretations of the statute, by holding that a grant of TPS does not constitute an “admission” into the United States under INA §1255. (Sanchez v. Wolf, 7/22/20) AILA Doc. No. 21011100

CA8 Upholds Denial of Petitioner’s Motion to Reopen Removal Proceedings Based on Changed Country Conditions in Somalia

The court upheld the BIA’s denial of petitioner’s motion to reopen based on changed country conditions in Somalia, finding that the BIA did not fail to consider al-Shabaab’s increase in power or ISIS-Somalia’s emergence and growing violence from 2011 to 2018. (Mohamed v. Barr, 12/23/20) AILA Doc. No. 21010502

CA9 Finds Petitioner’s Proposed Social Group of “Known Drug Users” Lacked Particularity

The court held that the Vietnamese petitioner had waived review of the BIA’s discretionary denial of asylum relief, and that his proposed social group comprised of “known drug users” was not legally cognizable because it lacked particularity. (Nguyen v. Barr, 12/21/20) AILA Doc. No. 21010503

CA9 Upholds Presidential Authority to Issue Healthcare Insurance Proclamation

The court reversed an injunction of PP 9945, which requires IV applicants to demonstrate acquisition of health insurance or ability to pay for future healthcare costs. The court found the proclamation within the president’s executive authority. (Doe, et al., v. Trump, et al., 12/31/20) AILA Doc. No. 21010436

President Trump Issues Memorandum on Inadmissibility of Persons Affiliated with Antifa Based on Organized Criminal Activity

President Trump issued a memorandum directing the Secretary of State to assess whether to classify Antifa as a terrorist organization under 8 USC §1182(a)(3)(B)(vi), and to take steps to consider listing Antifa in 9 FAM 302.5-4(B)(2)(U), Aliens Who Are Members of an Identified Criminal Organization. AILA Doc. No. 21010635

USCIS Provides Update on Receipt Notice Delays for Forms Filed with USCIS Lockbox

USCIS provided additional updates about lockbox operations, noting that applicants may face delays of four to six weeks in receiving receipt notices for some applications and petitions filed at a USCIS lockbox facility. Delays may vary among form types and lockbox locations. AILA Doc. No. 20121534

RESOURCES

AILA: Trump Policies That May Be Finalized Before Inauguration Day 2021

AILA: Practice Alert: Form I-485 Rejections for Employment-Based Derivative Applicants

AILA: Emotional Intelligence for Lawyers: An Introduction and Resources

AILA: Policy Brief: Increase in Indefinite ICE Detention Without Foreseeable Removal Dates During COVID-19 Pandemic

AILA: Screaming Into the Void: Five Reasons to Always Comment on Proposed Regulations

AILA: Frequently Asked Questions on Ethics During the Pandemic

AILA: Practical and Ethical Considerations in Detention Cases

ILRC: Document Gathering Guide for VAWA Self-Petitioners

ILRC: Practice Alert: Temporary Changes to U.S. Citizenship and Immigration Services (USCIS) in Response to COVID-19

Toolkit for Informing LPRs about the Status of Fee Waivers and Naturalization Fees

ICE Air Flights December and December Year-to-Date 2020

EVENTS

1/12/21 Unemployment Insurance

1/12/21-2/26/21 Comprehensive Overview of Immigration Law

1/13/21 Office of the Citizenship and Immigration Services Ombudsman’s Webinar Series: How the Department of Homeland Security is Combatting Human Trafficking and Forced Labor in Imported Goods

1/13/21 Practical Tips for Preparing Cover Letters, Memos, and Client Statements

1/14/21 USCIS Webinar: 2020 Revised Naturalization Civics Test

1/14/21 Documentary: “Searching for Disappeared Migrants”

1/14/21 COVID Flexibility Provisions with Form I-9 and E-Verify

1/21/21 Forever Virtual: Positive and Ethical Virtual Changes to Your Practice During and After the Pandemic

1/21/21 Immigration in 2021: Anticipating Changes under a New Administration

1/22/21 Immigrant eligibility for public benefits in New York State

1/25/21-2/8/21 Three-Part Webinar Series: All About Public Charge Inadmissibility

1/26/21 Entries, Exits, Re-entries: Dealing with 212(a)(9) Inadmissibility Issues

1/28/21 3rd Annual Western New York Refugee Film Festival

1/28/21-03/11/21 Case Management Techniques and Strategies

1/29/21 Nuts and Bolts of DACA Filings in 2021

2/1/21 Current Status of the USCIS Fee Rule and Fee Waivers

2/2/21 Post-Inauguration: An Immigration Update

2/4/21 Basic Immigration Law 2021: Business, Family, Naturalization and Related Areas

2/5/21-2/6/21 2021 New York Asylum & Immigration Conference

2/5/21 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Immigration Relief 2021

2/5/21 Addressing Domestic Violence 2021: Remote Family and Immigration Law Practice During Pandemic or Disaster

2/9/21 What Every Lawyer Should Know About U.S. Immigration Law

2/10/21 Public Charge Emerging Issues

2/10/21 All About DOJ Recognition and Accreditation

2/16/21 DACA: Updates and Changes to the Program

2/25/21-4/8/21 Introduction to Family-Based Immigration Law

3/2/21 SIJS-based Adjustment of Status before EOIR

3/4/21 TPS Updates

3/12/21 Strategies and Tactics for Successful Immigration Appeals

3/16/21 Representing Immigrants in Family Court

3/23/21 Understanding the Conditional Permanent Residence Petition (Form I-751)

3/30/21 Public Charge and the Affidavit of Support

4/15/21 DACA

4/20/21 Hot Topics in Naturalization Adjudications

4/21/21 Working with Domestic Violence Immigrant Survivors: The Intersection of Basic Family Law, Immigration, Benefits, and Housing Issues in California 2021

4/28/21 Community Defense: Legal Service Partnerships with Organizers

5/4/21 Public Charge: Current State of Play

5/6/21 Hot Topics in Asylum Law

5/13/21 Marijuana and Immigrants

5/18/21 Ethics in Representing Family Members in U Visa, U AOS/929, and VAWA Cases

5/26/21 Hot Topics in Removal Defense

6/1/21 VAWA Adjustment of Status Fundamentals

6/9/21 Hot topics: Adjudication and Enforcement Trends

6/10/21 Public Charge and Hot Topics in Consular Processing

6/15/21 U Visa Hot Topics

6/22/21 Defending Immigration Removal Proceedings 2021

6/30/21 Immigration Update – June 2021

ImmProf

Monday, January 11, 2021

Why Immigrants With Strong Ties to the US Should Be Allowed to Stay by Emma Winger

Daniel Black: The Capitol attack was White supremacy, plain and simple

Supreme Court VGRs Another Expedited Removal Case

Biden’s law enforcement priorities on Border Criminologies

Trump’s “victory tour” headed to U.S./Mexico Border this Week

Sunday, January 10, 2021

Now Streaming: Coyote

Saturday, January 9, 2021

Biden’s AG will be Merrick Garland

Supreme Court to Review Adjustment of Status/TPS Case

FEDERAL JUDGE BLOCKS TRUMP ADMINISTRATION’S “DEATH TO ASYLUM” RULE

Immigration Article of the Day: Deconstructing Invisible Walls: Sotomayor’s Dissents in Era of Immigration Exceptionalism by Karla Mari McKanders

Friday, January 8, 2021

Immigration Article of the Day: Entry Denied: COVID-19, Race, Migration, and Global Health by Matiangaly V. S. Sirleaf

President Withdraws Nomination of Chad Wolf for DHS Secretary

Thursday, January 7, 2021

AALS 2021: New Voices in Immigration Law

On the unprecedented events at the U.S. Capitol

Case preview: Justices will confront statutory puzzle on bond eligibility for noncitizens contesting deportation — Might Chevron deference be reconsidered?

A White Supremacist Insurrection? “Trump’s white supremacist insurrection overtakes the Capitol”

Columbia Law Honors Hong Yen Chang

Wednesday, January 6, 2021

Job Announcement: Rutgers Immigrant Rights Clinic seeks Staff Attorney or Senior Staff Attorney

New America National Fellowships

Podcast: Undocumented Momhood

“Remain in Mexico” Harms Children, Families Two Years into Program, Thousands Face Violence, Trauma, Uncertainty

Tuesday, January 5, 2021

Why Are We Talking About Denying Vaccines to Undocumented Meatpackers in NE?

Guest Post Nancy Morawetz: The Solicitor General’s Extraordinary Push to Place Even More Immigration Cases on the Supreme Court Docket

At the Movies in the Age of Coronavirus: Moonstruck (1987)

Virtual Book Launch: You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers by Amanda Frost

Nolan Rappaport: Could we learn from how Canada manages its foreign workers?

From the Bookshelves: Immigrant California: Understanding the Past, Present, and Future of U.S. Policy. Edited by David Scott FitzGerald and John D. Skrentny

Monday, January 4, 2021

Immigrant of the Day: Judge David Bernhard

Administrative Law Review Podcast: Racism in Immigration Law

Position Opening: President and CEO, Young Center for Immigrant Children’s Rights

Immigration Article of the Day: Labor Unions and Undocumented Immigrants by Els de Graauw and Shannon Gleeson

Immigration Article of the Day: Asylum Under Attack: Is It Time for A Constitutional Right? by Stephen Meili

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

Thanks, Elizabeth!😎

I sure hope that Judge Garland and Secretary-Designate Mayorkas are paying close attention!

Because unless they take some immediate forceful action to disable the “regime’s immigration kakistocracy” and make the radical bureaucratic changes necessary to regain control, their “dream jobs” are going to turn into “Nightmare on Elm Street” overnight!

Human rights are being violated and taxpayer funds (in an already “over budget” USG) are being poured down the toilet 🚽 by the minute by the out of control, maliciously incompetent kakistocrats at EOIR, DHS, and in the SG’s Office to name just a few of the most obvious “national disgraces” that need an immediate fix!

The defeated anti-American, neo-Nazi regime was “not normal” and neither Garland nor Mayorkas can afford to treat the wreckage of democracy and human decency and those who did the regime’s bidding at DOJ and DHS as “acceptable” for another minute!

🇺🇸⚖️🗽Due Process Forever! Kakistocracy ☠️🤮 Never!

PWS

01-13-21

Jasmine Aguilera reports for Time:

🇺🇸Due Process Forever!

Related posts:

Start with current BIA judge:

Add these “extraordinary practical scholars” who happen to be the “seven most-cited immigration scholars under 50” (https://lawprofessors.typepad.com/immigration/2021/12/immprofs-make-most-cited-faculty-under-50-list.html):

Appoint these inspirational, dynamic, proven “scholar leaders” as Co-Chairs:

Add in three experienced Vice Chairs who really “know the business” (including where all the bodies are buried @ EOIR and how to make bureaucracy respond):

Wild Card Round:

🇺🇸Due Process Forever!

Related posts:

By Maya P. Barak, University of Michigan-Dearborn:

This quote sums it all up for me:

🇺🇸Due Process Forever!

Related posts:

🇺🇸Due Process Forever!

Related posts:

🇺🇸🗽⚖️Due Process Forever!

Related posts:

Related posts:

Related posts:

Related posts:

By Paul Wickham Schmidt

Courtside Exclusive

May 7, 2021

Related posts:

Excerpts from “A New Opportunity to Build a 21st-Century Immigration Court System” by Elizabeth M. Mendoza:

So, here’s Elizabeth’s “resume” —

🇺🇸👩🏽‍⚖️🗽⚖️Due Process Forever!

Related posts:

Related posts:

🇺🇸🗽⚖️Due Process Forever! Re-Establish The Rule Of Law, Including Full, Robust Humanitarian Protections At The Border & In Our Disgracefully Dysfunctional Immigration “Courts.”

Related posts:

Related posts:

Due Process Forever!

Related posts:

🇺🇸⚖️🗽Due Process Forever! Kakistocracy ☠️🤮 Never!

Related posts: