THE GIBSON REPORT ⚖️🗽🇺🇸— 10-26-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — DHS & EOIR Accelerate Trashing Of Due Process, Human Rights In Desperate Push To Re-Elect Trump! — New Report Debunks, Discredits Trump DHS’s Mythical Claim That “Sanctuary Cities” Promote Crime!

 

Elizabeth Gibson
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 on listservs 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, November 13, 2020. [Note: Despite the standing order about practices upon reopening, an opening date has not been announced for NYC non-detained at this time.]

 

TOP NEWS

 

ICE moves to quickly deport more immigrants without court hearings

CBS: U.S. Immigration and Customs Enforcement (ICE) is implementing new rules unveiled in July 2019 that allow agents to expand their use of “expedited removal,” a fast-tracked deportation process created by a 1996 law that bars certain immigrants from seeking relief before an immigration judge.

 

New Trump Administration Rule Further Restricts Asylum Eligibility

USNWR: Under the regulation, having fake identification documents, including a fake ID, will render an immigrant ineligible for asylum in most cases. Unlawfully receiving public benefits will similarly bar someone from being granted asylum, as will a conviction for drug possession or possession of drug paraphernalia, with the single exception of having 30 grams or less of marijuana. An immigrant with two DUI convictions, or a single DUI conviction that resulted in the harm of another person, will be ineligible for asylum protections. The rule also bars immigrants convicted of domestic violence, stalking, child abuse and similar crimes, no matter the severity, from asylum. It also notably deems ineligible for asylum any immigrant whom an asylum officer “knows or has reason to believe” engaged in acts of battery or extreme cruelty – regardless of if the immigrant was arrested for such a crime.

 

‘Stunning’ Executive Order Would Politicize Civil Service

Gov Exec: Positions in the new Schedule F would effectively constitute at-will employment, without any of the protections against adverse personnel actions that most federal workers currently enjoy, although individual agencies are tasked with establishing “rules to prohibit the same personnel practices prohibited” by Title 5 of the U.S. Code. The order also instructs the Federal Labor Relations Authority to examine whether Schedule F employees should be removed from their bargaining units, a move that would bar them from being represented by federal employee unions. [It is unclear at this stage how/if this would affect the BIA, IJs, and other immigration officials.]

 

U.S. weighs labeling leading human rights groups ‘anti-Semitic’

Politico: The Trump administration is considering declaring that several prominent international NGOs — including Amnesty International, Human Rights Watch and Oxfam — are anti-Semitic and that governments should not support them, two people familiar with the issue said.

 

Lawyers say they can’t find the parents of 545 migrant children separated by Trump administration

NBC: Lawyers appointed by a federal judge to identify migrant families who were separated by the Trump administration say that they have yet to track down the parents of 545 children and that about two-thirds of those parents were deported to Central America without their children, according to a filing Tuesday from the American Civil Liberties Union.

 

John Oliver Explains the Three Other Ways Trump Has Been Cruel to Asylum-Seekers

Slate: In the video above, Oliver breaks down three other policies the Trump administration has used to deter asylum-seekers that don’t have the same notoriety that family separation does but are nonetheless important to know about: migrant protection protocols, safe third country agreements, and Title 42.

 

Inside the Refugee Camp on America’s Doorstep

NYT: The members of this displaced community requested refuge in the United States but were sent back into Mexico, and told to wait. They came there after unique tragedies: violent assaults, oppressive extortions, murdered loved ones. They are bound together by the one thing they share in common — having nowhere else to go.

 

Senators seek IG probe of border agency’s warrantless use of phone location data

WaPo: When people use any one of a broad assortment of weather, gaming and other apps, their location data is bundled and resold by companies such as Venntel to advertisers, commercial buyers — and, in recent months, federal agencies such as CBP, which have argued the data is a powerful tool for investigating crime.

 

DHS Arrests International Students, Threatens College Staff for ‘Willful Ignorance’ of Student-Visa Program

Chron Higher Ed: The U.S. Department of Homeland Security today announced the arrest of 15 international students as part of an investigation into fraud in optional practical training, or OPT, the work program for international graduates. Another 1,100 will lose their work authorizations.

 

Study finds no crime increase in cities that adopted ‘sanctuary’ policies, despite Trump claims

WaPo: Cities that have adopted “sanctuary” policies did not record an increase in crime as a result of their decision to limit cooperation with federal immigration authorities, according to a new Stanford University report. The findings appear to rebut the Trump administration’s rhetoric about the policies’ dire effects on public safety.

 

19 women allege medical abuse in Georgia immigration detention

LA Times: The medical experts found an “alarming pattern” in which Amin allegedly subjected the women to unwarranted gynecological surgeries, in most cases performed without consent, according to the five-page report, which was submitted Thursday to members of Congress.

 

MPP Cases Highest Since Start of Pandemic

TRAC: In September 2020, the Immigration Court recorded 1,133 new MPP cases, up from a low of 136 in May, and the highest since the start of the pandemic in March when 2,282 MPP cases were filed. A total of 24,540 MPP cases are currently pending before the Immigration Court.

 

The Pandemic and ICE Use of Detainers in FY 2020

TRAC: Average weekday detainer usage, already trending downward this year, began to show some reduction starting in mid-March when it fell below 400 per weekday, and by the first of April had fallen below 300. By the second week of April the daily weekday average fell to around 240. However, after mid-April usage started climbing back up. By the end of the first week in May it was back up to a weekday average of around 300, and by mid-May usage had recovered completely.

 

#ICEAir #DeathFlights Week of October 19, 2020.

Witness at the Border: We believe #ICEAir ramp up over the last 4 weeks reflects more CDC/Title 42 order expulsions. 27 deportations to 7 different countries in LA & Caribbean (high possibility of deportation to India, not yet confirmed). 106 total flights – 4th week in a row over 100.

 

LITIGATION/CASELAW/RULES/MEMOS

 

ICE Implements July 23, 2019, Expedited Removal Designation

ICE announced that due to an order issued by the DC Circuit Court, ICE can now expedite the removal of certain individuals pursuant to the 7/23/19 Designation of Aliens for Expedited Removal. The announcement provides information on which individuals, except for UACs, can now be subjected to ER. AILA Doc. No. 20102230

 

USCIS and EOIR Final Rule on Bars to Asylum Eligibility

USCIS and EOIR final rule that adds seven additional mandatory bars to eligibility for asylum, among other changes. The final rule is effective 11/20/20. (85 FR 67202, 10/21/20) AILA Doc. No. 20102031

 

TPS Beneficiaries, Community Group Ask Court to Halt Unlawful Ken Cuccinelli Policy That Obstructs Path to Obtain Green Card

CLINIC: even Temporary Protected Status (TPS) beneficiaries — who live in the District of Columbia, Maryland, Virginia, and Miami, Florida — and the Central American Resource Center (CARECEN) filed a motion for a preliminary injunction in their suit against the Trump administration for unlawfully blocking TPS beneficiaries’ path to permanent U.S. residence.

 

Canadian Judge May Extend Contested Asylum Deal With US

Law 360: A Canadian appellate judge indicated at a Friday hearing that he may delay the effect of a lower court ruling striking down the country’s asylum-sharing agreement with the U.S. while the government appeals, but stressed he had a “difficult decision to make.”

 

RESOURCES

 

NYCBA: Report on the Independence of the Immigration Courts

NYSBA: New Ethics Opinion: COVID-19 and Client Representation

UnLocal: Bilingual Expedicted Removal Fact Sheets

ARC: Comparative Analysis of U.S Department of State Country Reports on Human Rights Practices (2016-2019)

CLINIC: Department of State Shifts Human Rights Reports Comparison Charts

CLINIC: Fact Sheet: Immigration Court Considerations for Unaccompanied Children Who File for Asylum with USCIS While in Removal Proceedings

CLINIC: Practice Advisory: Adjustment Options for TPS Beneficiaries

CLINIC: The Unlawful Presence Bars: Do They Continue to Run After Reentry to the United States?

CLINIC: DVP Updated DACA Resources

ILRC: 100+ Policy Changes that Have Devastated Immigrants and Asylum Seekers

ILRC: National Map of 287(g) Agreements

ILRC: The Asylum Transit Ban after CAIR Coalition v. Trump: Obtaining Relief in Asylum Transit Ban Cases

ILRC & ASISTA: In Harm’s Way: The Impact of President Trump’s Actions on Immigrant Survivors of Gender-based Violence

AILA: Client Flyer: Competing Perspectives: The Potential Impact of the 2020 Presidential Election on Immigration

AILA: Practice Advisory: Telephonic Appearance of Attorneys at USCIS Interviews

AILA Featured Issue: USCIS’s Blank Space Policy

AILA: Asylum Cases on Standard of Review

AILA: Asylum Cases on Social Group

AILA: Asylum Cases on Political Opinion

AILA: Asylum Cases on Serious Nonpolitical Crime

AILA: Asylum Cases on Miscellaneous

AILA: Asylum Cases on Material Support Bar

AILA: Asylum Cases on Deferral of Removal Under CAT

AILA: Practice Alert: USCIS Increased Premium Processing Fees Effective October 19, 2020

AILA Bite-Sized Ethics: Withdrawing When a Client Goes MIA

 

EVENTS

   

 

ImmProf

 

Monday, October 26, 2020

Sunday, October 25, 2020

Saturday, October 24, 2020

Friday, October 23, 2020

Thursday, October 22, 2020

Wednesday, October 21, 2020

Tuesday, October 20, 2020

Monday, October 19, 2020

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

DHS & DOJ need comprehensive leadership changes, major reorganizations, re-examination of missions, effective ethical reforms, and thorough housecleanings to restore American democracy and achieve social justice and racial equality. 

The key, to borrow from “Moscow Mitch,” is political power! “Moscow” and his GOP Senate buddies have just demonstrated in “real time” how they can turn the Supremes into an anti-democracy adjunct of the RNC. Because they can! And “tough noogies” for the majority of Americans they don’t represent! 

Conversely, by voting the Trump regime and the GOP out, we can regain control of our Government and get broken, incompetent, and biased institutions like DHS and EOIR working for the people, rather than a White Nationalist minority with an anti-American, anti-democracy, anti-social-justice, anti-equality agenda!

Vote like your life and America’s future depend on it. Because they most certainly do! 

Turn out the vote for Joe, Kamala, and all Dem candidates! Restore due process, compassion, and human decency! Take our nation back from the forces of darkness, bias, and failure that are destroying it and needlessly endangering the lives and livelihoods of hundreds of thousands of our fellow Americans with no plan whatsoever for addressing the current public health, social, and economic disasters crushing our nation!

Rounding the 'coroner' by John Darkow, Columbia Missourian
Rounding the ‘coroner’ by John Darkow, Columbia Missourian

Put racism, intolerance, hate, and institutionalized inequality “in the rear view mirror!” Move forward as a nation of justice, peace, innovation, rationality, compassion, prosperity, strength, and the courage to look beyond our own lives to the best interests of humanity! Make the “American Dream” a reality for all Americans rather than an unfulfilled promise available to some but “off limits” to others!

Due Process Forever! 🇺🇸🗽⚖️

PWS

10-27-20

 

😎HERE’S SOME GOOD NEWS👍: My Friend & NDPA Superhero 🦸‍♀️ Professor Michele Pistone @ Villanova Law Recognized By The Chronicle Of Higher Education For Her Innovative VIISTA Program That Trains Non-Attorneys To Provide Great Pro Bono Representation To Migrants In Immigration Court!

The Chronicle of Higher Education featured VIISTA.  Here is the story:

 

Article Link: https://www.chronicle.com/article/most-asylum-seekers-have-no-legal-counsel-this-villanova-program-trains-non-lawyers-to-step-in

 

The Chronicle of Higher Education (Oct. 6, 2020)

 

Most Asylum Seekers Have No Legal Counsel. This Villanova Program Trains Non-Lawyers to Step In.

 

By Katherine Mangan

 

pastedGraphic.png

Michele Pistone, a law professor at Villanova University, stands in front of Pennsylvania’s

York County Prison, one of the largest immigration detention centers in her region. Pistone

has created a college course in which laypeople can learn to advocate for immigrants.

 

The contrast, for a young lawyer in a high-powered New York firm, couldn’t have been clearer. In 1991, Michele R. Pistone was part of a team of lawyers helping Donald J. Trump restructure his massive debts as his Atlantic City casinos hemorrhaged money. Pistone, who was 25 at the time, recalls walking into her client’s office with closing documents and being greeted by an entire floor-to-ceiling wall of framed magazine covers with his photo.

 

Fast-forward a few months to the pro bono assignment that would change the course of her career and inspire her to start a program at Villanova University aimed at expanding legal assistance to immigrants and asylum seekers.

 

Volunteering for a group now called Human Rights First, she represented a father and son who had fled Somalia during a bloody civil war. The father, a minister whose life had been threatened during the uprising, had been charged with alien smuggling since his son did not have a visa. If forced to return to his country, the elderly man faced the possibility he could be killed.

 

About six years after she won their case, the son, who had just earned U.S. citizenship, and his father gave her a colorful straw bag as a thank you. It is a constant reminder, she said, of the power and privilege she has as a lawyer. “It was so amazing to be in a position to save someone’s life.”

 

Pistone, who led lobbying efforts in the mid-90s in Washington, D.C., to protect asylum seekers, estimates that she has helped free more than 100 clients from detention, including former child soldiers, women who fled gender-based violence, and children who fled gang violence.

 

As a professor of law at Villanova, her focus now is on making sure that more refugees and asylum seekers, six out of 10 of whom confront the immigration system alone, get that help.

 

After a successful pilot that ended in May, she started a program this fall to certify students to become legal advocates for migrants and refugees. “Villanova Interdisciplinary Immigration Studies Training for Advocates,” offered through the university’s College of Professional Studies, is described as the first university-based, fully online program to train immigrant advocates. That format, planned before the pandemic forced most courses online, allows easier access for working professionals, including those in rural areas, and keeps costs low.

 

Graduates can apply to become Department of Justice “accredited representatives,” non-lawyers who are authorized to provide inexpensive legal representation to migrant and refugee families. Accredited representatives, who must work or volunteer for a recognized group like a nonprofit or faith-based organization, can sign legal documents, accompany clients to interviews, and perform other duties a lawyer would handle in court.

 

In the United States, where deportation cases are civil proceedings, immigrants are not entitled to court-appointed lawyers the way they are in criminal proceedings.

 

Access to legal representation makes a huge difference, according to the Vera Institute of Justice. The nonprofit research and policy group found that immigrants are 12 times more likely to get available relief when they have an advocate.

 

“Tens of thousands of people each year go unrepresented, including asylum seekers, longtime legal residents, immigrant parents or spouses of U.S. citizens, and even children,” the Vera Institute notes. “They are left to defend themselves in an adversarial and notoriously complex system against the United States government, which is always represented by counsel.”

 

The Committee for Immigration Reform Implementation estimated in 2014 that at least one million of the unauthorized immigrants living in the U.S. were eligible for legal relief and would be permitted to live in the U.S. if they had access to legal representation.

 

Few people facing the threat of deportation can afford to hire lawyers, and nationwide, there are only about 300 fully accredited representatives authorized to counsel clients in court, Pistone said. That’s where VIISTA hopes to make a difference.

 

The program is divided into three 14-week modules. The certificates students earn after completing each module authorize them to take on increasing levels of responsibility for representing immigrants. The first module, which prepares students to interview and be sensitive to the needs of immigrants, addresses why people migrate, the structure of government immigration systems, and cultural differences. The second and third focus on immigration law and train people to become partially or fully accredited representatives. Students can complete one, two, or three modules.

 

Among the students who completed all three modules in the pilot this spring is Eileen Doherty-Sil, an adjunct associate professor of political science at the University of Pennsylvania who teaches about forced migration. It’s one thing, Doherty-Sil said, to teach about the United Nations Convention Against Torture, and quite another to represent a client who could face torture if returned to his home country.

 

The insights she gained in the program will enrich her teaching, she said. “Michele’s program gave us a really clear-eyed idea of what it looks like for someone to face a judge and say, ‘Please don’t send me back.’”

 

Without someone to advise him, an asylum seeker who fears he could be tortured or killed if he’s returned might instead say in court that his goal is to get a good job and be a good citizen. “They can’t possibly know that that’s the wrong thing to say,” Doherty-Sil said. Asylum is for refugees fleeing persecution, not for someone seeking a better life.

 

Pistone likens the development of specialized legal representatives to the growth of nurse practitioners and physician assistants in the medical field. (The role is different from paralegals, who are trained to support lawyers within their offices but aren’t authorized to appear in court.)

 

The problem of representation became more acute as mounting tuition and shrinking job opportunities caused the number of law-school applications to tumble beginning in 2008-9. But even when people complained about a glut of lawyers, there never seemed to be enough people willing, or financially able, to represent the poorest clients.

 

“A lot of people in the legal academy think the solution to access to justice is lawyers, yet we’ve been trying for so long using lawyers,” Pistone said. The system, she said, is clearly broken. “It’s up to those of us in the system to come up with a viable, scalable solution.”

 

All three modules of the VIISTA program can be completed in 10 months, for a cost of under $4,000.

 

Pistone’s students have included teachers, social workers, and others who want to play a more active role in helping immigrants.

 

“I want to train 1,000 people a year,” Pistone said. “And if they each represented one client a month, that’s 12,000 families that are getting an advocate in immigration court.”

Michele

Michele R. Pistone

Professor of Law

Villanova University, Charles Widger School of Law

Director, Clinic for Asylum, Refugee & Emigrant Services (CARES)

Founder, VIISTA Villanova Interdisciplinary Immigration Studies Training for Advocates

Co-Managing Editor,Journal on Migration and Human Security

Adjunct Fellow, Clayton Christensen Institute for Disruptive Innovation

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

Many well-deserved congrats,  Michele, my friend!

As I previously mentioned, I am delighted to have had a small role in helping Michele get VIISTA off the ground.

To once again state the obvious: American Government and our Federal Judiciary need more “scholar problem-solvers” like Michele.

Due Process Forever!

PWS

10-07-20

🏴‍☠️☠️🤮⚰️👎CRIMES AGAINST HUMANITY, “PERPS” ON THE LOOSE! — DOJ Internal Report Shows How “Gonzo Apocalypto” Sessions, Rosenstein, Hamilton Conspired To Separate Migrant Kids In Violation Of 5th Amendment — When Will These Criminals Be Charged & Prosecuted Under 18 USC 242? — NY Times Reports!

Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license

https://www.nytimes.com/2020/10/06/us/politics/family-separation-border-immigration-jeff-sessions-rod-rosenstein.html?campaign_id=9&emc=edit_nn_20201007&instance_id=22889&nl=the-morning&regi_id=119096355&section_index=2&section_name=the_latest_news&segment_id=40077&te=1&user_id=70724c8ee3c2ebb50a6ef32ab050a46b

‘We Need to Take Away Children,’ No Matter How Young, Justice Dept. Officials Said

Top department officials were “a driving force” behind President Trump’s child separation policy, a draft investigation report said.

pastedGraphic.pngpastedGraphic_1.pngpastedGraphic_2.png

By Michael D. Shear, Katie Benner and Michael S. Schmidt

  • Oct. 6, 2020
    • 505

WASHINGTON — The five U.S. attorneys along the border with Mexico, including three appointed by President Trump, recoiled in May 2018 against an order to prosecute all undocumented immigrants even if it meant separating children from their parents. They told top Justice Department officials they were “deeply concerned” about the children’s welfare.

But the attorney general at the time, Jeff Sessions, made it clear what Mr. Trump wanted on a conference call later that afternoon, according to a two-year inquiry by the Justice Department’s inspector general into Mr. Trump’s “zero tolerance” family separation policy.

“We need to take away children,” Mr. Sessions told the prosecutors, according to participants’ notes. One added in shorthand: “If care about kids, don’t bring them in. Won’t give amnesty to people with kids.”

Rod J. Rosenstein, then the deputy attorney general, went even further in a second call about a week later, telling the five prosecutors that it did not matter how young the children were. He said that government lawyers should not have refused to prosecute two cases simply because the children were barely more than infants.

“Those two cases should not have been declined,” John Bash, the departing U.S. attorney in western Texas, wrote to his staff immediately after the call. Mr. Bash had declined the cases, but Mr. Rosenstein “instructed that, per the A.G.’s policy, we should NOT be categorically declining immigration prosecutions of adults in family units because of the age of a child.”

The Justice Department’s top officials were “a driving force” behind the policy that spurred the separation of thousands of families, many of them fleeing violence in Central America and seeking asylum in the United States, before Mr. Trump abandoned it amid global outrage, according to a draft report of the results of the investigation by Michael E. Horowitz, the department’s inspector general.

The separation of migrant children from their parents, sometimes for months, was at the heart of the Trump administration’s assault on immigration. But the fierce backlash when the administration struggled to reunite the children turned it into one of the biggest policy debacles of the president’s term.

Though Mr. Sessions sought to distance himself from the policy, allowing Mr. Trump and Homeland Security Department officials to largely be blamed, he and other top law enforcement officials understood that “zero tolerance” meant that migrant families would be separated and wanted that to happen because they believed it would deter future illegal immigration, Mr. Horowitz wrote.

The draft report, citing more than 45 interviews with key officials, emails and other documents, provides the most complete look at the discussions inside the Justice Department as the family separation policy was developed, pushed and ultimately carried out with little concern for children.

This article is based on a review of the 86-page draft report and interviews with three government officials who read it in recent months and described its conclusions and many of the details in it. The officials, who spoke on the condition of anonymity because they had not been authorized to discuss it publicly, cautioned that the final report could change.

Before publishing the findings of its investigations, the inspector general’s office typically provides draft copies to Justice Department leaders and others mentioned in the reports to ensure that they are accurate.

Mr. Horowitz had been preparing to release his report since late summer, according to a person familiar with the investigation, though the process allowing for responses from current and former department officials whose conduct is under scrutiny is likely to delay its release until after the presidential election.

Mr. Sessions refused to be interviewed, the report noted. Mr. Rosenstein, who is now a lawyer in private practice, defended himself in his interview with investigators in response to questioning about his role, according to two of the officials. Mr. Rosenstein’s former office submitted a 64-page response to the report.

“If any United States attorney ever charged a defendant they did not personally believe warranted prosecution, they violated their oath of office,” Mr. Rosenstein said in a statement. “I never ordered anyone to prosecute a case.”

. . . .

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

Read the complete article at the link.

U.S. District Judge Dana Sabraw concluded that intentional separation of families was unconstitutional — a clear violation of Fifth Amendment due process. https://www.nytimes.com/2018/06/26/us/politics/family-separations-congress-states.html

The Government did not seriously question the correctness of this finding! 

Intentionally violating Constitutional rights (not to mention lying and attempting to cover it up) is clearly a violation of 18 USC 242.

Here’s the text of that section from the DOJ’s own website:

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

https://www.justice.gov/crt/deprivation-rights-under-color-law

Sure looks like an”open and shut” case for prosecution.

The irony: Families and their kids have been traumatized for life, perhaps even killed or disabled by the actions of these criminal conspirators; however, the “perps” remain at large.

Hamilton is on the public dole continuing to wreak-havoc on the Constitution, the rule of law, the Immigration Courts, and human decency at the corrupt Barr DOJ; Rosenstein works for a “fat cat” law firm hauling down a six figure salary while he avoids justice and accountability for his misdeeds; “Gonzo” had the absolute audacity to try to reinsert himself onto the public dole by running for the Senate from Alabama (thankfully, unsuccessfully, even though he previously held the seat for years and misused it as a public forum to spread his racist ideas, xenophobic venom, lies, false narratives, and unrelenting cruelty).

Where’s the “justice” in a system that punishes victims while letting “perps” prosper and go free?

Due Process Forever!

PWS

10-07-20

U.S. JUDGE 👨‍⚖️ 🇺🇸⚖️ THWARTS ICE 🏴‍☠️ EFFORT TO REMOVE INDONESIAN ASYLUM APPLICANT – “Siahaan’s attorneys, Elsy Ramos Velasquez and Patrick Taurel, had argued the arrest was made under false pretenses, without a warrant and in violation of ICE’s policy that typically prohibits agents from making arrests on church property.”

Meagan Flynn
Meagan Flynn
Morning Mix Reporter
WashPost
Photo From Twitter

https://www.washingtonpost.com/local/social-issues/siahaan-immigration-deportation/2020/10/03/ec7f2380-04c2-11eb-897d-3a6201d6643f_story.html

 

By

Meagan Flynn

Oct. 3, 2020 at 3:50 p.m. EDT

A federal judge in Maryland has granted an undocumented Indonesian immigrant temporary reprieve from deportation, ruling Friday evening that immigration authorities cannot remove him from the country until he has a chance to pursue religious asylum.

Binsar Siahaan, a 52-year-old father to two U.S. citizens, attracted considerable support from faith-based activists nationwide after he was arrested by U.S. Immigration and Customs Enforcement last month at his home on the grounds of Glenmont United Methodist Church in Silver Spring, Md. He and his wife, also an undocumented Indonesian immigrant, work there as church caretakers.

ICE arrested an undocumented immigrant on church grounds. They lied to coax him out, family and attorney say.

Siahaan’s attorneys, Elsy Ramos Velasquez and Patrick Taurel, had argued the arrest was made under false pretenses, without a warrant and in violation of ICE’s policy that typically prohibits agents from making arrests on church property. They also argued that Siahaan, who is Christian, should not be deported to majority-Muslim Indonesia until he has a chance to fully pursue religious asylum.

On Friday, U.S. District Judge Paul Grimm agreed, granting Siahaan a preliminary injunction that blocks ICE from removing him from the country until the Board of Immigration Appeals, or a higher federal court, makes a ruling on his pending appeal. Siahaan is being held at a detention center in Georgia, where he was transferred from Baltimore to await deportation. Grimm also ordered ICE to bring him back to Baltimore, where he will remain in custody closer to his family.

“When the ruling came down, we were really relieved,” said the Rev. Kara Scroggins, pastor at Glenmont United Methodist. “We’re glad that he’s closer to home at the detention facility in Baltimore, but we’re going to keep fighting until he’s home with his family.”

ICE could not immediately be reached for comment Saturday but previously said Siahaan was arrested “after he received full due process in the nation’s immigration courts.”

 

. . . .

 

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

Read the full article at the link.

 

Hats off to the litigation team and to U.S. District Judge Paul Grimm! By ordering ICE to return Siahaan to Maryland, rather than detaining him in Georgia, generally known as one of the worst places in the “New American Gulag,” Judge Grimm took the kind of effective action necessary to stop the abusive actions of ICE and to guarantee real due process!

 

In a functioning system with an independent U.S. Immigration Court comprised of Judges with expertise in asylum and human rights laws and a commitment to due process and the rule of law, Immigration Judges could take the actions necessary to protect fundamental rights and hold ICE accountable without constant resort to the U.S. District Courts. A “captive” Immigration Court, where Immigration Judges are subservient to Billy the Bigot Barr and pressured to act as “ICE enforcement in robes” ill-serves the national interest! It’s also highly inefficient and wasteful of public resources!

 

Thanks to my good friend Deb Sanders for bringing this incident to my attention!

 

Due Process Forever!

 

 

PWS

10-05-20

🇺🇸ELECTION: NDPA “CALL TO ACTION” 🗽– HERE ARE “REAL LIFE” THINGS YOU CAN DO TO SAVE OUR NATION THIS FALL!

ELECTION: HERE ARE “REAL LIFE” THINGS YOU CAN DO TO SAVE OUR NATION THIS FALL!

 

https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbit.ly%2F2QV4cC9&data=02%7C01%7C%7Ca37ac6a9da0b4b37201108d850a3f8e4%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637348012462505702&sdata=4hJ1XxSAXZDEItHRRI%2FYb%2BV5YRb0smSbysrHOaeIiRk%3D&reserved=0

Gary Sampliner
Gary Sampliner
Retired Federal Attorney

From Gary Sampliner

 

Gary is a retired federal attorney who is heading up election efforts for a small DC area social action organization called JAMAAT (Jews and Muslims and Allies Acting Together).

 

 

 

 

Election 2020:  Some Ways to Get Involved

 

  • Mass texting. This is a means of voter outreach that it is a lot of fun and effective in getting the message out and having conversations with many voters in a short period of time — and great for those with strong aversions to talking to strangers on the phone.  Although some training is needed for this, mass texting can be learned within an hour, and anyone can pick up how it is done within a short time of starting to do the actual texts.  Organizations use programs that allow volunteers to send a pre-written text message out to voters through their computers in batches of 200-1000, which can be done in no more than 2-4 minutes.  On average, 10-20% will answer, some immediately and others trickling in over the next few hours.  Volunteers can then engage with many of these voters, usually through a wide variety of scripted answers which mostly cover the waterfront of responses they receive, and sometimes result in more creative and substantive conversations.  You can complete all of your conversations for a batch in 60-90 minutes, with occasional check-ins for a few responses that trickle in over the next 48 hours.  The voters only get your first name and don’t have your phone number or further information about you. You can get going in doing mass texts that reach 1000 voters at a time and result in many substantive discussions through the People’s Action Network, which is now sending over a million texts a week to voters in key swing states, by clicking here:

 

  • Phone banking. While phone banking has its rewards and occasional frustrations, it has been found to be the most effective means of engaging voters other than door-to-door canvassing.  Most campaigns now use electronic dialers, to dial quickly and allow callers to speak only to people who answer, and they also usually provide a script to use and adapt to their own words.  While there can be many wrong numbers and occasional confrontations, many of the phone banks target likely friendly groups of people (e.g. Dem voters who we encourage to come out and get or submit ballots).  In this year of COVID, phone bankers are finding that the proportion of lonely people who will pick up the phone and talk is increasing.

 

  • Writing post cards.  A great outreach technique for the worst technophobes!    A nationally known non-partisan campaign called Reclaim Our Vote has sent over 5 million post cards, primarily to deregistered (purged from the rolls) voters of color in swing states, urging recipients to register and to vote, and provide needed contact info, and is looking to send out many more as soon as possible, before shifting its efforts to phone banking and texting.  (https://actionnetwork.org/forms/reclaim-our-vote-signup).  Reclaim Our Vote is also one of the few campaign-related organizations that houses of worship and other 501(c)(3) organizations can participate in, and to which people can make tax-deductible contributions, because it is non-partisan (it does not search out voters by party registration).  Its parent organization, Center for Common Ground, is itself a 501(c)(3) organization.  Another group called Postcards to Voters (https://postcardstovoters.org/) writes post cards to Democratic leaning voters in swing states around the country.  The group has a few openings in a local chapter in the DC area where one of our JAMAAT members is active, and they get together in periodic friendly Zoom meetings to write post cards and get to know each other.  Please contact us at JAMAAT if you are interested.

 

  • Writing Letters. Another great outlet for the tech-challenged.   An organization called Vote Forward, https://votefwd.org, is working with groups such as Swing Left to have volunteers write 10 million letters to infrequent Democratic voters in swing states, to send shortly before the election to remind them to vote.  They have had past success with their strategy, because recipients are likely to open the handwritten, personally addressed letters that remind people to vote shortly before the election.  This year, they have decided to send their letters out on October 17.

 

  • Organizing friends and family. We all know that individuals have far more influence on people they know than on strangers.  The Biden campaign has come up with a training program and app called Vote Joe, available on the App Store, to help organize friends and family, which seems particularly useful for young people with infrequently voting friends or people with friends and family who need to be acquainted with basic facts on the issues.  The app allows users to help figure out whom to target, by providing access to publicly available voting data to show how frequently any person has voted and (depending on the state) the party for which they registered, and provides easily accessible information on the major issues of concern to voters.   For the next of the training programs that shows how to use the app and more, see  https://www.mobilize.us/2020victory/?address=20850&lat=39.0839994&lon=-77.1527813.

 

In addition, MoveOn has put together a Mobilize to Win program that provides a framework for how to reach friends and family effectively in the 17 key battleground states for the Presidential and Senate elections and getting them and people in their networks to vote: https://front.moveon.org/mobilize-to-win/.

 

  • Poll watching and voter assistance hotlinesWith all the news about Republican efforts at voter suppression and massive disqualification of votes, Democratic groups have sprung up to resist such efforts through voter education and poll observation.  You can get involved with the Biden campaign as a poll observer by clicking here, be trained on how to answer questions on the Biden campaign’s National Voter Assistance hotline by clicking here, and become involved as a nonpartisan Election Protection volunteer, supported by many of our country’s best-known non-partisan election protection organizations, by clicking here.
  • Giving money. You are all deluged with requests for donations that seem to come from every organization on Earth, each of which professes to be the one in greatest need of your money.  This document will not endorse giving to any of the worthy organizations listed here over any others.  But if you have money to donate to one or more political campaigns, and you care about particular issues, you can increase the impact of your contribution by donating through a PAC of an interest group whose positions on your issue of concern are supported by that group.  One organization to consider, for anyone interested in promoting an equitable two-state solution in Israel and Palestine, is the J Street PAC, https://jstreet.org/about-us/about-jstreetpac/#.X0gfNMhKg2w.   In its 12 years that it has been in existence, this group has hired some of the savviest people on the Hill, which has helped propel J Street into becoming one of the most successful Jewish organizations in Washington.  One service they offer, if you wish to donate to Senate or House campaigns but could use some guidance on which campaigns are most in need of money that can make a difference, is to consult with their resident expert on this subject, Capital/South Assistant Regional Director Mike Fox, mike@jstreet.org. You will need to become a member of J Street through its web site in order to donate through the PAC, at no financial obligation.  All monies donated through the PAC will go directly to the designated candidate.

 

  • Organizations doing various types of voter outreach

 

  • 2020 Victory (mobilize.us/2020victory/) is the website for the DNC, for both the Biden/Harris campaign and downballot campaigns in battleground states. Here you can get text training (required before doing any texting on their campaigns), phone banking, and different types of organizing, and then sign up for particular phone banking, texting, and get out the vote events to all manner of targeted audiences.

 

  • Moms Demand Action on Gun Sense has a very active Maryland chapter coordinating postcarding for Spanberger and Luria (the two likely close congressional races in our area) and for Reclaim Our Vote, as well as texting (currently with 2020 Victory) and phone banking.  They do frequent small group Zoom parties in connection with their events, led by their experienced team heads, to give tips, conversation, and offer incentives like campaign swag for frequent participants. You can contact them through the Moms Demand Action – MD Facebook page or you can e-mail mocomomselections@gmail.com.

 

  • Seed the Votehttps://www.everydaypeoplepac.org/seedthevote/, a Bay Area-organized campaign of progressive organizations, is teaming with groups from AZ, PA, and FL to do phone-banking and texting to those critical states each day of the week. Their partner organizations feature a “deep canvassing” technique to try to understand the concerns of infrequent and swing voters, to get back to them with answers to questions they cannot handle from initial questions, and to refer people in need of resources to helping institutions.

 

  • Powered by People is a PAC started and led by Beto O’Rourke, which makes calls to Texas Democrats and people of color: see https://map.betoorourke.com/  Its phone banks feature 1 or 2 weekly 2-hour sessions that start with a Zoom conference with inspirational remarks led by Beto himself, and feature both an automatic dialer I’ve found works very well and a good supportive staff who can help with issues while calls are ongoing.

 

  • Bend the Arc: Jewish Action, the progressive Jewish organization that focuses on domestic issues such as racial justice, immigration, and the environment, is running a Vote Out Fear campaign (https://www.bendthearc.us/vote_out_fear_pb), doing phone banking and text banking aimed at swing Jewish voters (initially in Florida and Georgia, now expanded to include six other key states).

 

  • Turnout 2020, https://turnout2020.org/, a program of a coalition of left-leaning groups called the Progressive Turnout Project, primarily makes calls to infrequent Democratic swing state voters to urge them to take action, normally on Tuesdays and Thursdays. They are currently calling Arizona and Pennsylvania voters to encourage that they request a vote-by-mail ballot, with talking points to help voters understand options.

 

  • JAMAAT (Jews and Muslims and Allies Acting Together) is a small grass roots organization in the DC area that focuses on fighting Islamophobia and anti-Semitism, as well as on issues like immigration, preventing gun violence, and the environment. Its members have been working with all of the groups listed here.  Interested people can participate in our next virtual organizing meeting on Sunday, October 4 at 7:00 pm EDT, for which they should register at http://bit.ly/jamaat2020.  Any questions should be referred to gsampliner@gmail.com.

 

  • Reclaim our Vote, https://actionnetwork.org/forms/reclaim-our-vote-signup, which will be pivoting later in September from post card writing to phone and text banking, and they have useful training courses coming up to help hesitant phone bankers, some on Mondays and some at other times.

 

  • Grassroots Democrats (https://grassrootsdems.org/) is a California-based organization that has gone national and participates in phone banking and texting campaigns in most of the battleground states. They have a well-organized website to hook interested people into phone banking and texting opportunities, as well as training, in battleground state races of their choice, and good links to other key websites to get brief summaries of the candidates; background and positions.

 

 

 

o   Changing the Conversation (ctctogether.org) is a group that is doing both telephone and (under a strict protocol) door-to-door canvassing, focusing on Pennsylvania.  They train people extensively in “deep canvassing,” which has worked to persuade reluctant voters to vote and change the minds of least the less ardent Trump supporters, not by using facts and arguments but by story-telling, building empathy, and getting voters to tell their own stories that can cause them to convince themselves to come out to vote and vote our way.

 

o   Environmental Voter Project (https://www.environmentalvoter.org/) is a non-partisan organization that uses big-data analytics to identify inactive environmentalists in battleground states and then through its phone banks and text banks, applies cutting-edge behavioral science to turn them into more consistent voters.

 

 

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

This November, vote like your life and our nation depend open it. Becauise they do!

PWS

10-03-20

 

 

⚖️HON. SHIRA SCHEINDLIN👩🏻‍⚖️ @ THE GUARDIAN: Barrett Nomination Part & Parcel Of GOP Destruction Of American Democracy! 🏴‍☠️ – The Continued Erosion Of The Supremes & The Federal Judiciary Is Destroying Our Nation!👎

Hon. Shira Scheindlin
Hon. Shira A. Scheindlin
Retired US District Judge
Photo: Joel Spector ©2013
Creative Commons License

 

https://www.theguardian.com/commentisfree/2020/sep/29/supreme-court-conservatives-trump-amy-coney-barrett?CMP=Share_iOSApp_Other

 

. . . .

 

This is no longer the case. Public confidence and public perception that the courts are non-partisan has eroded. The Republican boycott of Garland, together with Trump’s unprecedented nomination of Barrett and her likely confirmation, will seal the Republican theft of two supreme court seats, at least in the eyes of more than half the electorate, and will ensure conservative control of the court for decades to come.

If Barrett’s record is any indication, the court will soon turn its back on its most treasured precedents and turn America into a more regressive country. Before joining the bench just three years ago, she served as a law clerk to Scalia, whose judicial philosophy she has fully embraced. She has also been a longtime member of the rightwing Federalist Society.

 

Public confidence and public perception that the courts are non-partisan has eroded

Her short judicial record, together with her scholarly writings, reveal that she is a rock-solid conservative jurist. Like Scalia, she defines herself as an originalist and textualist, which means that the constitution must be viewed as of the time it was written. From that perspective, there is nothing in the constitution that would explicitly support abortion rights, gay marriage, mandatory school desegregation, or the right to suppress evidence that is illegally seized. By contrast, in one of her most famous opinions, United States v Virginia (1996), Ginsburg wrote that “a prime part of the history of our constitution … is the story of the extension of constitutional rights and protections to people once ignored or excluded.”

In a 2013 article, Barrett repeatedly expressed the view that the supreme court had created, through judicial fiat, a framework of abortion on demand that ignited a national controversy. In an opinion she joined with another judge, she expressed doubt that a law preventing parents from terminating a pregnancy because they did not want a child of a particular sex or one with a disability could be unconstitutional. These writings surely indicate that Barrett will do whatever she can to limit or eliminate abortion rights.

Barrett has also expressed dissatisfaction with the Affordable Care Act and support for a broad interpretation of the second amendment. She has writtenthat Chief Justice John Roberts “pushed the Affordable Care Act beyond its plausible meaning”. She also quoted Scalia, when he wrote that “the statute known as Obamacare should be renamed ‘Scotuscare’” in “honor of the court’s willingness to ‘rewrite’ the statute in order to keep it afloat”. There is little doubt that Barrett would be inclined to find the Affordable Care Act unconstitutional and thereby deprive millions of Americans of affordable healthcare coverage. Similarly, she wrote a dissenting opinion questioning the constitutionality of a statute that prohibited ex-felons from purchasing guns. Thus, she has demonstrated her fealty to the NRA position that the more guns the better – inevitably leading to more Americans dying from gun violence.

When addressing the legal doctrine known as stare decisis, meaning respect for precedent, Barrett wrote that she “tend[ed] to agree with those who say that a justice’s duty is to the constitution and that it is thus more legitimate for her to enforce her best understanding of the constitution rather than a precedent she thinks is clearly in conflict with it”. In other words, she would overturn landmark decisions such as Brown v Board of Education or Roe v Wade if those decisions did not reflect her best understanding of the constitution.

Amy Coney Barrett: what will she mean for women’s rights?

 

Read more

Stunningly, in an interview in 2016, when asked whether Congress should confirm Obama’s nominee during an election year, Barrett responded that confirmation should wait until after the election because an immediate replacement would “dramatically flip the balance of power”. Given that answer, she should decline the nomination, as her confirmation would even more dramatically flip the balance of the court, entrenching a 6-3 conservative majority.

Confirming this nominee before the outcome of the national elections – which will determine both the identity of the next president and the composition of a new Senate – is unprecedented, inexcusable and a threat to many rights that the majority of Americans have embraced. This is a tragedy about to happen.

  • Shira A Scheindlin served as a United States district judge for the southern district of New York for 22 years. She is the co-chair of the board of the Lawyers Committee for Civil Rights Under Law and a board member of the American Constitution Society

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

Read the rest of Judge Scheindlin’s article at the link.

 

As I have been saying “Better Judges For A Better America!”  It starts with electing a President who will nominate them and a Senate that will confirm them. That requires “regime change” and defeat of the GOP Anti-Democracy Party at all levels.

 

Dems need to stop sputtering about Barrett, whom they don’t appear able to stop anyway, and get out the vote to insure that she will be the last GOP far right shill on Supremes for many years! Rebuilding and improving American democracy starts NOW, with THIS ELECTION.  As Willie Nelson says: “Vote ‘Em Out, Vote ‘Em Out!”

 

BTW, “Moscow Mitch” and his GOP toadies have plenty of time to race through the Barrett confirmation during an election, but no time to help Americans thrown out of work or losing their health insurance because of the pandemic!🤮⚰️

 

PWS

 

10-01-20

 

BILLY’S BIA 🏴‍☠️DUMPS ON EXPERT WITNESSES — As Regime’s False Narratives & Bogus Suppression Of Truth About What Happens To Refugees Returned To Unsafe Countries Becomes Obvious, “Upper Star Chamber” Launches Yet Another Assault On Due Process! — Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)☠️⚰️

Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

From the EOIR PIO:

The Board of Immigration Appeals has issued a decision in the Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

(1) In assessing whether to admit the testimony of a witness as an expert, an Immigration Judge should consider whether it is sufficiently relevant and reliable for the expert to offer an informed opinion, and if it is admitted, the Immigration Judge should then consider how much weight the testimony should receive.

(2) In considering how much weight to give an expert’s testimony, the Immigration Judge should assess how probative and persuasive the testimony is regarding key issues in dispute for which the testimony is being offered.

PANEL:  MALPHRUS, MULLANE, and CREPPY , Appellate Immigration Judges.

OPINION BY: MALPHRUS, Appellate Immigration Judge

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

In this case, the BIA sent an asylum grant well-supported by expert opinion back to the IJ for no particular reason other than the DHS didn’t like the result. 

The message: The IJ should always look for reasons to disallow, disbelieve, or diminish the weight of the asylum applicant’s persuasive evidence. The IJ should always be looking for “any reason to deny” asylum applications because that’s what Billy wants from his wholly-owned. “judges.”

To quote my friend and Round Table colleague retired IJ Jeffrey S. Chase:  

[The BIA], McHenry, and Barr are engaging in tag-team destruction of asylum.  So this gives the signal to ignore country experts when their opinions support grants of asylum.  Which was stated more explicitly in the proposed 161-page asylum regs.  And then if the IJ relies on the DOS report, the Board or AG will say the quoted passage was too vague and generalized to support a finding of social distinction or nexus.

The good news is that a number of brigades of the NDPA are hard at work on comprehensive alternative expert country reports that are much more accurate and well-documented than current DOS propaganda. A number of Courts of Appeals already have “called out” the BIA for routinely ignoring evidence and expert opinions favorable to asylum applicants. 

I certainly hope they will see through and expose this rather transparent attempt to further “game the system” against asylum applicants. Actually, under the U.N. Handbook asylum seekers are supposed to receive the “benefit of the doubt.” But, not from this scofflaw regime and their toadies masquerading as “judges.”

It’s also worth noting that this case has already been pending for almost a decade. Obviously, time is no object for EOIR when it comes to looking for ways to deny asylum.

PWS

09-28-20

TRUMP GOP’S RACIST ANTI-IMMIGRANT POLICIES LIKELY BOON TO CHINA — Trump’s Misfeasance Squanders Strength, Benefits Of Robust Immigration, Giving PRC Potential Advantage In Wiping Out America’s Worldwide Economic Leadership!

 

https://www.washingtonpost.com/outlook/trumps-war-on-immigrants-is-hurting-his-fight-against-china/2020/09/10/7b552108-f2ea-11ea-b796-2dd09962649c_story.html

By Matthew Yglesias in WashPost:

. . . .

At the same time, President Trump has been pursuing an immigration policy supported by only his own party, seeking to foreclose the flow not just of undocumented migrants but also those who come here legally.

These two policies are at odds with each other. The best way to ensure that the United States maintains the upper hand against China is easy: It can welcome more of the tens of millions around the world who’d like to move to our shores — not as an act of charity but as an exertion of national power. To compete, we need more people.

. . . .

Migrants increase both the supply of labor and the demand for goods and services. The wage impact of that push and pull tends to balance out, but benefits emerge in the form of greater diversity of products and services. When the U.S. government eliminated the use of legal Mexican guest workers in agriculture in the 1960s, wages didn’t go up; farmers simply cut production of certain foods, including asparagus, strawberries, lettuce, celery and cucumbers, while switching to lower-quality, mechanically harvested tomatoes. Study after study finds that immigrants are disproportionately represented among entrepreneurs, including at high-growth firms. They are personally responsible for a large share of patent filings and increase the productivity of native-born inventors. Targeting immigrants with technical skills rather than family ties is fine — though research confirms that the existing stock of immigrants is actually quite skilled — but the overall finding is that we should seek more immigrants rather than fewer.

. . . .

The United States is distinctive in its civic culture of creedal nationalism, with founding principles that are explicitly open to all and not tied to any particular bloodline or plot of land. Wise American leaders have in the past seen immigration as a source of national strength. The early republic imposed essentially no limits on immigration, and Abraham Lincoln signed the 1864 Act to Encourage Immigration because “I regard our immigrants as one of the principal replenishing streams which are appointed by Providence.” Views like those give us a great advantage in seeking foreigners, welcoming them and incorporating them and their descendants into American life. A time of new challenges from abroad is a time to double down on those strengths rather than abandon them.

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

Read the full story at the link.

Supposedly the Chinese Government wants Trump to lose. So, maybe their leaders are as dense as Trump and his GOP cultists.

The article restates a basic truth. America is a nation of immigrants and a continued more robust immigration system continues to be both essential and beneficial to the US. Not going to happen under Trump and the kakistocracy.

PWS

09-14-20

🏴‍☠️☠️🤮👎KAKISTOCRACY WATCH: NJ AILA Sues EOIR’s Malicious Incompetents To Stop Deadly ☠️☠️☠️🤮 In-Person Hearings

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

Laura Lynch

Laura Lynch
Senior Policy Counsel
AILA
 

Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges

Laura Lynch @ AILA writes:

I wanted to flag this lawsuit that was filed a few hours ago by AILA’s New Jersey Chapter seeking to stop in-person court appearances at the Newark Immigration Court. The attached complaint reveals the following:

 

  • “The Newark Immigration Court is no stranger to the devastating effects of COVID-19. The coronavirus spread through the court before it closed in March, and COVID-19 illnesses tragically caused the deaths of both a longtime private immigration attorney and a staffer at the immigration prosecutor’s office, as well as causing the serious illness of both a senior immigration prosecutor and a court translator. More recently, the head of Federal Protective Services at 970 Broad Street in Newark—the building where the Newark Immigration Court is housed—died from COVID-19.”
  • “Yet, despite the risks posed by the spread of COVID-19, and the actual serious illness and death it has already caused to people involved with the Newark Immigration Court, that court was recently reopened for immigration hearings regarding cases for persons who are not held in detention (the so-called “non-detained docket”). Moreover, even though immigration law and regulations provide for immigration hearings to take place by videoconference—and the Executive Office of Immigration Review, which operates the nation’s immigration courts, has touted its use of such videoconference hearings—the Newark Immigration Court does not provide the option for attorneys or others to appear by videoconference for cases on the non-detained docket.”

The Associated Press wrote a short article about this lawsuit.

 

Unfortunately, the complaint hasn’t been posted on AILA’s website yet. I’ve been sharing the document using this google link:https://drive.google.com/file/d/1TTXt0c7dzflF9Kpvvpe–aeHbQvHbYoV/view.

 

Please let me know if you have any questions.

 

Thanks, Laura

 

Laura A. Lynch, Esq.

Senior Policy Counsel

********************************
It just keeps getting worse and worse. The malicious incompetents at DOJ/EOIR keep endangering lives in an out of their so-called “courts” while those supposedly responsible for “justice in America” let it happen. This is a “Third World Dictatorship-Style Meltdown” happening right here in our country.
How many will have to die or have their lives ruined before this dangerous and dysfunctional embarrassment to humanity is finally put out of its misery (not to mention the misery it brings to others).

This November, vote like your life depends on it! Because it does!

PWS
08-01-20

 

🏴‍☠️☠️🤮⚰️🤡FRIDAY SPECIAL: COMBINED KAKISTICROCY KORNER ☠️ & CLOWN COURT 🤡 REPORT — EOIR GOES TOTAL FUBAR! — Local Chief Federal Prosecutors To Decide If, How, & When So-Called Immigration “Courts” (More Accurately, “Star Chambers”) Will Reopen!

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

 

Subject: Re: [fedcourtlitigation] immigration court reopening in the hands of us attorney offices?

 

It was confirmed by EOIR Director McHenry today during the EOIR forum during the AILA conference.

 

 

Sabrina [Damast]

 

On Thu, Jul 23, 2020 at 2:31 PM Jorjani, Raha; Public Defender wrote:

It was announced yesterday at an IJ townhall that the decision of whether, when, and how to reopen Immigration Courts across the nation was in the hands of local U.S. Attorney offices. Has anyone seen any official support for this suggestion? I can’t seem to find a memo or other policy directive about it.

 

RAHA JORJANI| Supervising Immigration Defense Attorney, [Alameda County Public Defenders]

 

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

The solution seems pretty obvious. With a coronavirus stimulus package coming up, the Dems should insist on:

  • Defunding of EOIR;
  • Transfer of all EOIR responsibilities and remaining funding for this fiscal year and any future fiscal years until an Article I or Article III Immigration Court is established to U.S. Magistrate Judges and the Administrative Office for U.S. Courts;
  • Absolute prohibition on any contact with the transferred functions by any employee of the Executive Branch except 1) a Government Attorney appearing in a particular matter; and 2) attendance at a meeting including representative members of the public to discuss fair and efficient Immigration Court administration.

Problem would be solved, for now. Moreover, this would provide the necessary “incentives” for the Article III Courts to establish a fair and efficient due process framework for Immigration Court proceedings that could be a model for the eventual Article I or Article III legislation. Put an immediate end to “malicious incompetence” by the DOJ and the Trump regime!

Due Process Forever! America’s Star Chambers,☠️⚰️ Never!

PWS

07-24-20

☠️⚰️🤮INSIDE THE GULAG: ICE’S CRIMES AGAINST HUMANITY: Scofflaw Faux “Law-Enforcement” Agency Operates Outside Feckless U.S. Legal System Afraid to Crack Down on Deceit & Hold Officials Accountable For Illegal Actions — Outlaw Agency Leaves Trail of Health Threats, Broken Federal Judicial System In Its Wake!

https://apple.news/AK1rxkwd-SjSaeHO4DA1r8w

Spencer Ackerman writes in The Daily Beast:

At the end of April, Florida federal Judge Marcia Cooke ruled that Immigration and Customs Enforcement prisons were such a tinderbox for the novel coronavirus that ICE had to begin efforts at letting people out. The dangers of the pandemic inside three immigrant-detention centers in the state threatened to put ICE on the wrong side of constitutional prohibitions on cruel and unusual punishment. 

Thousands of miles away, in Arizona, several lawsuits on behalf of people detained by ICE were in various stages of advancement. One, brought in April by the Florence Immigrant and Refugee Rights Project, sought to release at least eight people at risk of contracting COVID-19 into sponsor custody.

But instead of preparing to release migrants in detention, ICE did something both the Centers for Disease Control and the Justice Department’s Bureau of Prisons had warned against. They transferred 74 detainees to a for-profit prison in central Virginia called ICA Farmville.

Both medical staff and already-overtaxed employees at ICA Farmville, according to court documents and interviews, had warned ICE against taking in new detainees. ICE had even assured Farmville staff it would use a different Virginia prison as a way-station to quarantine people should transfers have to go through.

Instead, in early June, ICE sent the 74 people—from Arizona’s Florence and Eloy detention centers and Florida’s Krome—directly to ICA Farmville. Staff fears manifested almost immediately. Fifty-one detainees tested positive for COVID-19.

A month later, ICA Farmville is in crisis. It has at least 268 out of around 360 detained people positive for the virus, making the jail by far the most stricken facility in ICE’s network of lockups. While ICA Farmville is claiming that vanishingly few are symptomatic, detainees, backed by medical records seen by The Daily Beast, say in dire terms that isn’t true.

“We think we’re going to die at any time. The help we need we’re not getting,” said a man detained at ICA Farmville whom The Daily Beast will call Michael. “We think we’re going to die without seeing our families. A lot of people here are suffering.”

Former employees say the coronavirus has exposed longstanding failings at ICA Farmville—namely, a company that values making money over protecting either detainees or its staff. At least 22 guards have contracted the coronavirus; others have responded to desperate, panicked and agitated detainees with at least three incidents of violence between June 20 and July 1. “There was no reason to intake any more detainees,” one former employee said, “but it’s all about profit.”

To immigration attorneys and advocates, the cause of the disaster unfolding at ICA Farmville is clear: ICE’s decision to transfer detainees into the facility rather than releasing them in accordance with current and likely future judicial rulings.

ICE “appears to be shifting people around to avoid having to let people out, through being forced in lawsuits,” said Jesse Franzblau, a senior policy analyst at the National Immigrant Justice Center.

“In my opinion, to avoid releases, they’re shifting people around the country or moving them to other detention facilities outside of south Florida,” said Heriberto Hernandez, a Florida immigration attorney who had a client at Krome in Miami, one of the jails cited in Judge Cooke’s ruling, moved into ICA Farmville.

Hernandez said his client at Farmville has tested positive for COVID-19 and “all they did was give him cold medicine.”

“There’s no question whatsoever that this [transfer] was the result of the lawsuits,” said Marc Van Der Hout, an Arizona attorney who sued ICE to release a husband and wife from the “tremendous outbreak” at the Eloy detention center. “There are four lawsuits I’m personally aware of, and possibly more. There’s no doubt in my mind they were doing this to avoid the repercussions of the lawsuits.”

ICE denies conducting any legal shell game over the detainees, and says its motivations were about the health of the detainees.

. . . .

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

Read the rest of the article at the link.

Of course, this a is a shell game! You don’t need a law degree to figure that out. And, the claim that this is all about detainee heath is patently absurd. The best interests and health of detainees never enter into it except to the minimal extent necessary to avoid wrongful death suits (not very difficult given the Supreme’s tilt in favor of protecting officials who kill people of color).

There is an even more serious problem: The failure of the Federal Judiciary to throw scofflaws like DHS Acting Secretary Chad Wolf and ICE Acting Director Matt Albence in jail for contempt for their agency’s overt efforts to avoid lawful court orders while endangering the health and safety of both the detainees and the public. 

What  ICE is doing in the “New American Gulag” is essentially a “crime against humanity.” We need better Federal Judges and Justices who will take their oaths to uphold our Constitution in the face of such grotesque and obvious Executive abuses seriously!

Due Process Forever! The New American Gulag, Never!

PWS

07-20-20

🏴‍☠️ABUSE OF PROCESS: Trump Regime’s Irrational Threat To Terrorize Foreign Students Withdrawn In Face Of Widespread Bipartisan Outrage, Multiple Lawsuits, & Impending Defeat In Courts!

https://www.huffpost.com/entry/trump-foreign-students-online-classes_n_5f0e0546c5b63b8fc10f86f4

Here’s the deal. America is reeling  from Trump’s mishandling of the pandemic, his divisive racist rhetoric, and his lack of a coherent plan for reopening schools. But, in the midst of these unresolved crises, Trump’s White Nationalist, xenophobic regime found time to issue, without consultation, absurdist rules threatening foreign students whose schools offered only online leaning because of legitimate health and safety concerns for the students, faculty, and staff.

This idiotic, illegal missive threatened to upend the U.S. higher education system and put a $40 billion hit on our economy during a period of unprecedented unemployment and economic disruption. Consequently, numerous educational institutions across America banded together, developed emergency legal strategies, and filed suits against the Trump kakistocracy in numerous Federal Courts. 

This, in turn, tied up legal resources that could have been used more productively, as well as further clogging Federal Court dockets already overwhelmed with various unnecessary suits caused by Trump’s maliciously incompetent attack on immigration. It also tied up Government resources that might better have been used solving real problems.

Faced with certain defeat and the exposition of the total stupidity, not to mention illegality, of these rules, the Trump regime backed down before the first suit even got to hearing. But, this predictable “back off” does not repair the overall damage to our nation caused by Trump’s xenophobic war on legal immigration. Catherine Rampell cogently describes it in an op-ed in the Washington Posthttps://www.washingtonpost.com/opinions/2020/07/14/even-with-administrations-about-face-international-student-visas-enrollment-is-still-set-plummet/

In the meantime, the problem of abuse of our legal system and the organs of Government by a maliciously incompetent Administration advancing a toxic and unconstitutional White Nationalist agenda remains unresolved. Indeed, the often tone-deaf approach of the Supremes to these gross abuses, particularly in the areas of immigration and human rights, has actually been a large part of the problem.

What could we accomplish if the time and resources now used to prevent a “rogue Government” from destroying democracy were instead devoted to developing constructive, cooperative solutions to our festering national problems? What if we harnessed the power of migration for human progress, rather than futilely and wastefully working at cross purposes with perhaps the oldest and most powerful human phenomenon?🗽⚖️

This November, say “No” to the White Nationalist Kakistocracy!

PWS

07-14-20

 

🇺🇸🗽👍🏼⚖️LEGENDARY IMMIGRATION LITIGATOR/GURU IRA KURZBAN CREAMS TRUMP IN 11TH CIR. — Regime Scofflaws Wrong on APA Again — But Where Are The Sanctions For DHS’s  Frivolous Position?  — CANAL A MEDIA HOLDING, LLC v. USCIS

 

Ira Kurzban ESQUIRE
Ira Kurzban ESQUIRE
Legendary American Immigration Lawyer

http://media.ca11.uscourts.gov/opinions/pub/files/201911193.pdf

CANAL A MEDIA HOLDING, LLC v. USCIS, 11th Cir., 07-09-20, published

PANEL: MARTIN and NEWSOM, Circuit Judges, and WATKINS,* District Judge.

MARTIN, Circuit Judge:

  • Honorable W. Keith Watkins, United States District Judge for the Middle District of Alabama, sitting by designation.

OPINION BY: Judge Martin

CONCURRING OPINION: Judge Newsom

KEY QUOTE: 

Plaintiffs Canal A Media Holding, LLC (“Canal A Media”) and Erick Archila appeal the District Court’s dismissal of their amended complaint for lack of subject-matter jurisdiction. They seek to challenge the decision by the United States Citizenship and Immigration Services (“USCIS”) to deny Canal A Media’s petition for a work visa for Mr. Archila. Having carefully reviewed this case, and with the benefit of oral argument, we have decided that the denial of Canal A Media’s visa petition was final agency action under the Administrative Procedure Act (“APA”). Also, we hold that 8 U.S.C. § 1252(b)(9) and (g) do not bar the Plaintiffs’ challenge to the visa petition denial. In keeping with these decisions, we reverse the District Court’s dismissal of the Plaintiffs’ claims.

JUDGE NEWSOM’S FULL CONCURRING OPINION:

I join the Court’s opinion in full. I write separately only to emphasize (what is to me, anyway) the obvious correctness of the Court’s holding that USCIS’s denial of Canal A Media’s Form I-129 visa petition constituted “final agency action” within the meaning of § 704 of the Administrative Procedure Act. See 5 U.S.C. § 704.

In determining whether agency action is “final” for APA purposes, the Supreme Court has emphasized, first and foremost, that “the action must mark the consummation of the agency’s decisionmaking process,” Bennett v. Spear, 520 U.S. 154, 177–78 (1997) (emphasis added) (quotation omitted), or, alternatively, that “the agency has completed its decisionmaking process,” Franklin v. Massachusetts, 505 U.S. 788, 797 (1992) (emphasis added). Those formulations tee up an important—and here, apparently dispositive—question: What is the relevant “agency”? It seems to me self-evident—and so far as I can tell, all agree—that the “agency” whose “decisionmaking process” we have to evaluate here is USCIS, the instrumentality of the federal government responsible for evaluating I-129 petitions. See 8 C.F.R. § 214.2(l).

The government contends here—and the district court held—that USCIS’s denial of Canal A Media’s I-129 petition didn’t constitute “final agency action” because Mr. Archila, on whose behalf Canal A Media sought the I-129, was still in

15

Case: 19-11193 Date Filed: 07/08/2020 Page: 16 of 17

the middle of removal proceedings before an immigration judge. That is triply wrong—and, it seems to me, at the most basic level(s).

First, the government asks us to agency-jump. USCIS’s decisionmaking process hasn’t run its course, the government says, because an immigration judge is still working. But USCIS and the immigration court are altogether different “agenc[ies].” Cf. 5 U.S.C. § 701(b)(1) (defining “agency” to mean “each authority of the Government of the United States, whether or not it is within or subject to review by another agency”). More than that, they are housed in altogether different departments—USCIS exists within the Department of Homeland Security,1 whereas the immigration court operates under the auspices of the Department of Justice.2 The executive branch has an architecture—granted, not always perfectly elegant, but an architecture nonetheless—and the government’s position defies it.

Second, not only are the agencies themselves different, the participants in the proceedings before them are different. The only party properly before USCIS was Canal A Media, the visa petitioner; Mr. Archila, although the petition’s intended beneficiary, was not a party to the I-129 proceedings. See 8 C.F.R.

1 See Operational and Support Components, U.S. Dep’t of Homeland Sec., https://www.dhs.gov/operational-and-support-components (last visited July 7, 2020).

2 See Executive Office for Immigration Review, U.S. Dep’t of Justice, https://www.justice.gov/eoir (last visited July 7, 2020).

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Case: 19-11193 Date Filed: 07/08/2020 Page: 17 of 17

§ 103.2(a)(3). Conversely, in the ongoing removal proceedings before the IJ, Mr. Archila is the lone participant; Canal A Media has no right to appear.

Finally, not only are the agencies different, and the parties before them different, but their respective jurisdictions—for purposes of this case, anyway—are different, as well. While USCIS and immigration courts share jurisdiction over a limited range of issues—for instance, eligibility for Temporary Protected Status, see, e.g., Mejia Rodriguez v. U.S. Dep’t of Homeland Sec., 562 F.3d 1137, 1140 (11th Cir. 2009)—only USCIS has authority to decide Canal A Media’s I-129 visa petition, see 8 C.F.R. § 214.2(l)(1)(i); Matter of Aurelio, 19 I. & N. Dec. 458, 460 (BIA 1987). The IJ handling Mr. Archila’s removal proceedings has no jurisdiction to consider, grant, or deny Canal A Media’s petition, let alone to review USCIS’s denial.

At 30,000 feet, then, the government’s position just can’t be right. USCIS’s rejection of Canal A Media’s I-129 petition is not non-“final” simply because a different agency that is housed in a different executive-branch department and is vested with jurisdiction over different issues and is presiding over a different proceeding involving a different party hasn’t finished its different business.

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

My take:

  • Congrats to Ira Kurzban one of the true giants of modern U.S. immigration law (and someone with whom I did battle numerous times during my 12 years in the “Legacy INS” Office of General Counsel);
  • It’s hard to beat the Government on an immigration case in the normally pro-Government 11th Cir.;
  • The Government has consistently been losing APA cases under the Trump regime all the way up to the Supremes;
  • Is it really THAT hard to read the APA and comply?
  • Judge Newsom’s concurring opinion points out that the Government’s position in this case is misleading at best, dishonest at worst, and totally frivolous in any event. 
  • So where are the sanctions, warnings, or rebukes of DOJ attorneys for frivolous litigation and/or lack of candor to tribunals, both of which are violations of basic ethical requirements?
  • Frivolous litigation has become a staple of the Trump Administration. It’s used for dilatory purposes and to wear down, discourage, and punish private parties.
  • What’s wrong with Federal Courts that allow this type of unprofessional and unethical conduct by DOJ litigators to continue unabated?
  • For the Federal Courts to treat this lawless and contemptuous gang of scofflaws and thugs known as the “Trump Administration” as “normal” when it is nothing of the sort is both a dis-service to the public and a threat to our nation’s continued existence!

Due Process Forever!

PWS

07-10-20

🤮☠️🏴‍☠️ ⚰️As American Governance Crumbles, Desperate Neo-Nazi Regime Rolls Out Plans For More “Crimes Against Humanity” Targeting Helpless Refugees Legally Seeking Asylum — These Cowardly, Immoral, & Patently Unconstitutional Deeds Are Being Done in OUR Name While The Complicit Supremes Watch What They Have Enabled & Encouraged By Abandoning Humanity, Our Constitution, Intellectual Integrity, & American Values! 

 

https://www.nbcnews.com/politics/immigration/trump-admin-plans-block-asylum-seekers-u-s-citing-public-n1233253

From NBC News:

July 8, 2020, 6:35 PM EDT

By Julia Ainsley and Adiel Kaplan

The Trump administration has proposed a new rule that would allow it to deny asylum to immigrants who are deemed a public health risk.

The soon-to-be published rule would let the Department of Homeland Security and Department of Justice to block immigrants from seeking asylum in the U.S. based on “potential international threats from the spread of pandemics,” according to a notice announcing it Wednesday.

The rule would apply to immigrants seeking asylum and those seeking “withholding of removal” — a protected immigration status for those who have shown they may well face danger if returned to their home countries.

. . . .

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

Read the rest of the article at the link.

This outrageous, totally pretextual, racist proposal violates the Constitution, asylum laws, international agreements, morality, and human values. The factual basis is absurd since there has been no showing that asylum applicants are a source of COVID spread. To the contrary, unnecessarily detained asylum applicants have been victims of Trump’s failed policies. Moreover, if DHS actually were worried about COVID, they could easily test and quarantine to identify and deal constructively and humanely with the few applicants who might have been infected someplace other than DHS facilities.

This is White Nationalist racism at its worst.

We need better judges, and particularly better Justices on the Supremes, for a better America! Judges who will prevent, rather than encourage, racist-driven “crimes against humanity.” Standing up against such crimes, particularly when they are disgracefully directed by a racist Executive at our most vulnerable humans, should be a “no-brainer” for a unanimous Supremes with Justices qualified for the high offices they hold. For the “JR Five” a “no brainer” has too often been a “non-starter.” So, the regime’s gross abuses of migrants and people of color and the damage, societal disorder, wasted time, squandered resources, and the human misery they cause roll on.

“Dred Scottification” is wrong! Period! And Supreme Court Justices who enable it are wrong for America!

This November, vote like your life depends on it. Because it does!

PWS

07-09-20

🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!

Trump Administration Makes Immigration Courts an Enforcement Tool by Appointing Prosecutors to Lead

CONTACTS:
George Tzamaras
202-507-7649
gtzamaras@aila.org
Belle Woods
202-507-7675
bwoods@aila.org

 

WASHINGTON, DC — The American Immigration Lawyers Association (AILA) condemns the Trump administration’s recent ramp-up of efforts to turn the immigration court system into an enforcement tool rather than an independent arbiter for justice. The immigration courts are formally known as the Executive Office for Immigration Review (EOIR) and are overseen by the Department of Justice (DOJ).

AILA President Jennifer Minear, noted, “AILA has long advocated for an independent immigration court, one that ensures judges serve as neutral arbiters of justice. This administration has instead subjected the courts to political influence and exploited the inherent structural flaws of the DOJ-controlled immigration courts, which also prosecutes immigration cases at the federal level. The nail in the coffin of judicial neutrality is the fact that the administration has put the courts in the control of a new Chief Immigration Judge who has no judicial experience but served as ICE’s chief immigration prosecutor. No less concerning is DOJ’s recent choice for Chief Appellate Immigration Judge – an individual who also prosecuted immigration cases and advised the Trump White House on immigration policy. This administration continues to weaponize the immigration courts for the sole purpose of accelerating deportations rather than dispensing neutral justice. Congress must investigate these politically motivated appointments and pass legislation to create an independent, Article I immigration court.”

Among the recent actions taken by this administration to bias the immigration courts:

More AILA resources on the immigration courts can be found at: https://www.aila.org/immigrationcourts.

Cite as AILA Doc. No. 20070696.

 

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

As a friend and former colleague said recently “I would have thought that the one thing everyone could get behind, regardless of political philosophy, would be a neutral court system.” Sadly, not so in today’s crumbling America.

There are three groups blocking the way:

  • The Trump Administration, where due process only applies to Trump and his corrupt cronies;
  • GOP legislators whose acquittal of Trump against the overwhelming weight of the evidence shows exactly what due process means to them;
  • Five GOP-appointed Justices on the Supremes who don’t believe that due process applies to all persons in the US, notwithstanding the “plain language” of Article 5 of our Constitution — particularly if those persons have the misfortune to be asylum seekers of color.

The end result is “Dred Scottification” — that is, dehumanization or “de-personification” of “the other.” The GOP has made it a centerpiece of their failed attempt to govern, from voter suppression, to looting the Treasury for the benefit of the rich and powerful, to immunity for law enforcement officers who kill minorities, to greenlighting cruel, inhuman,and counterproductive treatment of lawful asylum seekers and immigrants. Not surprisingly, this essentially “Whites Only” view of social justice is ripping our nation apart on many levels.

I find it highly ironic that at the same time we are rightfully removing statutes of Chief Justice Roger Taney, a racist who authored the infamous Dred Scott Decision, Chief Justice Roberts and four of his colleagues continue to “Dred Scottify” asylum seekers and other immigrants, primarily those of color, by denying them the due process, fundamental fairness, fair and impartial judges, and, perhaps most of all, racist-free policies that our Constitution demands! 

Compare the “due process” afforded Trump by the GOP Senate and the pardon of a convicted civil and human rights abuser like “Racist Sheriff Joe” with the ugly and dishonest parody of due process afforded Sister Norma’s lawful asylum seekers whose “crime” was seeking fair treatment, justice, and an acknowledgement of their humanity from a nation that has turned it’s back on those values. 

https://immigrationcourtside.com/2020/07/06/%f0%9f%98%8e%f0%9f%97%bd%e2%9a%96%ef%b8%8fgood-news-9th-cir-deals-another-blow-to-stephen-millers-illegal-white-nationalist-war-on-asylum-now-will-the-supremes-majority-stan/

What Sister Norma’s article did not mention is that those who survive in Mexico long enough to get to “court” have their asylum claims denied at a rate of about 99% by an unfair system intentionally skewed and biased against them. Most experts believe that many, probably a majority, of those being denied actually merit protection under a fair and impartial application of our laws. 

But, as pointed out by AILA, that’s not why Billy the Bigot has appointed prosecutors as top “judges” and notorious asylum deniers as “appellate judges.” He intends to perpetuate a highly unfair “deportation railroad” designed by infamous White Nationalist racist Stephen Miller. In other words, our justice system is being weaponized in support of an overtly racist agenda formulated by a racist regime that has made racism the centerpiece of its pitch for remaining in office. Incredible! Yet true!

The Supremes have life tenure. But, the other two branches of our failing Government don’t. And, a better Executive and a better Legislature that believe in our Constitution and equal justice for all is a necessary start on a better Federal Judiciary — one where commitment to due process, fundamental fairness, and equal justice for all is a threshold requirement for future judicial appointments. Time to throw the “non-believers” and their enablers out of office.

This November, vote like your life and our country’s existence depend on it! Because they do!

PWS

07-07-20