"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
“Moderate Republican lawmakers push Ryan on DACA solution
By Tal Kopan, CNN
Moderate Republicans in Congress are seeking to lead on a possible solution for young undocumented immigrants, as a group on Tuesday pushed their leadership to reach a deal by the end of the year.
Thirty-four Republicans on Tuesday signed a letter to House Speaker Paul Ryan urging him that Congress should act “immediately” on a “permanent legislative solution for Deferred Action for Childhood Arrivals (DACA) recipients before the end of the year.”
On the Senate side, Arizona Sen. Jeff Flake told reporters Monday that he is working with Democratic Sens. Dick Durbin and Michael Bennet along with fellow Republican Sen. Cory Gardner to reach a bipartisan deal on DACA, a program that protects young undocumented immigrants brought to the US as children from deportation, which President Donald Trump is ending.
Flake said he spoke with the President last week about the issue and he was headed to the White House again on Tuesday for a meeting with Gardner and other senators and the President on year-end issues.
“I think his instincts on this are right,” Flake said Monday of Trump and past positive statements he’s made about preserving DACA legislatively. “He’s been pulled different directions by others who have an interest either in getting done or blocking it. So I think he’s getting pulled, but I think his instincts on this, I don’t say this about every issue, but I think his instincts on DACA are right.”
The moderate-led efforts come amid the lack of progress since Trump’s September announcement from leadership in reaching a deal and the increasing pressure from Democrats and a flank of the GOP to resolve the issue before Congress recesses for the holidays.
The letter calls for the “urgent matter” to be addressed with a “balanced approach that does not harm valuable sectors of our economy nor the lives of these hard-working young people” — a message to leadership that more conservative proposals pushed by the right flank of the party won’t get their support.
As reported by CNN, the letter was organized by the nascent Main Street Caucus and announced Tuesday by Virginia Rep. Scott Taylor, Washington Rep. Dan Newhouse and California Rep. Jeff Denham.
While the lawmakers said the letter should not be interpreted by a threat to make life difficult for Ryan or not support government funding bills without a DACA solution, 34 Republicans is more than enough to deny Republicans a majority, sending a signal to leadership about the sentiments of moderates.
“Before we take up the end of the year bills, we want Republican leadership to see how many Republicans are willing to put their names on the line,” California Rep. Jeff Denham said in a call with reporters. “We’re trying to show the economies of scale of the amount of members we have.”
“There should be no implied threat that’s perceived in this letter at all, whether we would be holding out a vote,” Newhouse said. “This is an issue that is strong on its own merits and the goal of the letter is to demonstrate to the leadership of our conference that the support is there and the urgency of the issue is real and it should be solved before the end of the year.”
As for why there are only 34 Republicans on the letter, Taylor said there are “numerous” others who would vote for a deal but couldn’t sign the letter publicly for various reasons.
“This is a strong statement, a strong showing of support on people who are willing to publicly put their name out there,” Taylor said.”
**************************************
As we all know, lot of things are supposed to be happening on the legislative front before the end of the year, including funding the Feds. So, this one is probably still ‘too close to call” for this year.
A new in-depth study by the National Immigrant Justice Center (“NIJC”) shows how the Administration is intentionally using detention to deny Constitutional Due Process of Law to some of the most vulnerable:
“Introduction
When Donald Trump was elected president, the immigration detention system was already mired in such dysfunction that it routinely threatened the lives of those trapped inside. More than a year later, the administration intentionally uses its broken network of hundreds of immigration jails to advance an agenda that prioritizes mass deportation above respect for basic rights. This report focuses on the Cibola County Correctional Center, a prison complex in rural New Mexico owned and operated by the private prison giant CoreCivic (formerly Corrections Corporation of America)1 with the capacity to jail 1,100 immigrants facing deportation. Located far from any major urban center in a state with no immigration court, the prison has become a black hole of due process rights.
The National Immigrant Justice Center (NIJC) is particularly alarmed by the lack of meaningful access to counsel at the Cibola prison. Federal immigration law allows immigrants the right to counsel in deportation proceedings, but immigrants must locate and pay for it themselves. Immigrants detained in Cibola and many other immigration jails nationally are unable to avail themselves of this right because the capacity of nearby legal service organizations to provide representation is dwarfed by the need. An NIJC survey of legal service providers reveals that New Mexico and Texas immigration attorneys, at their maximum capacity, are only able to represent approximately 42 detained individuals at the Cibola prison at any given time — six percent of the jail’s population in April 2017. The due process violations occurring at Cibola and other Department of Homeland Security (DHS) prisons are the latest consequences of the Trump administration’s scheme to jail so many immigrants, and in such remote locations, that their right to representation is rendered meaningless.
An NIJC survey of legal service providers reveals that New Mexico and Texas immigration attorneys, at their maximum capacity, are only able to represent approximately 42 detained individuals at the Cibola prison at any given time – six percent of the jail’s population in April 2017.
In light of DHS’s systematic and willful rights violations, NIJC calls on the agency to close detention facilities like Cibola, where due process is non-existent given individuals’ lack of access to counsel, and demands that Congress immediately cut funding for DHS’s enforcement and detention operations. (See Recommendations.)
U.S. Immigration Detention National Average Daily Population From 1994 To 20172
. . . .
The Future Of Immigration Detention: Why Cibola Matters
DHS paid little heed to the dearth of affordable legal services near Cibola when it entered its agreement with Cibola County and CoreCivic. Such a lapse is by no means new or unique. DHS has grown and maintained the immigration detention system in a manner incompatible with civil rights and due process protections.
In many ways, the Trump administration inherited an immigration detention system already riddled with abuse and neglect. Detained individuals, advocacy organizations including NIJC, and DHS’s Office of Inspector General have reported for decades on the profoundly inhumane conditions pervasive throughout the detention system, including: the excessive and arbitrary use of solitary confinement;22 inadequate, unsafe and spoiled food service;23 abuse of force by officers;24 and deaths attributable to medical negligence.25 Rather than assess possible reforms to address these problems—as the non-partisan Homeland Security Advisory Council advised in late 201626—the Trump administration quickly implemented changes that exacerbated existing harms. Today, DHS jails approximately 40,000 immigrants daily —more than any administration in recent history27— and holds them longer.28 The administration has publicly embraced the use of prolonged detention for asylum seekers29 and moved to weaken the standards governing conditions of detention.30
The administration seems poised to duplicate Cibola throughout the country. Its goal is clear: by undermining detained immigrants’ access to counsel, the administration ratchets up its removal rates.
Immigrants in detention centers throughout the country face the same frustrations as those jailed at Cibola when they try to find a lawyer. Nationally, fewer than one in every five immigrants in detention is able to find a lawyer.31 The Los Angeles Times recently reported that about 30 percent of detained immigrants are jailed more than 100 miles from the nearest government-listed legal service provider,32 with a median distance between the facility and the service provider of 56 miles.33
Access to counsel is important. Unrepresented, a detained immigrant, who often does not speak English, must develop her own legal arguments for relief eligibility, gather evidence that is often only available from within her country of origin (where she may fear for her own or her family’s safety), complete an application in English, and present a coherent presentation of her case to an immigration judge, all while a government-funded DHS prosecutor argues for her deportation.34 Faced with such a daunting task, immigrants enduring the isolation of detention are far less likely than those living in the community to defend against deportation and less likely to win their cases when they do so. The psychological harms caused by detention, especially for those with previous histories of torture or trauma,35 are so debilitating that even those with the strongest claims to legal protection in the United States often abandon the process and choose deportation instead.36 Detained immigrants with lawyers are 11 times more likely to pursue relief and are at least twice as likely to obtain relief as detained immigrants without counsel.37 A study analyzing the impact of appointed counsel for detained immigrants in New York City found a 1,100 percent increase in successful outcomes when universal representation became available..38
There is no doubt that DHS knows what it is doing. NIJC’s 2010 report Isolated in Detention documented the due process crisis already unfolding in the immigration detention system. At that time, NIJC found that 80 percent of detained immigrants were held in facilities that were severely underserved by legal aid organizations, with more than 100 immigrants for every full-time nonprofit attorney providing legal services.”40 The report presented eight recommendations to DHS and the Department of Justice to improve access to legal counsel for detained immigrants.41 Not one of the recommendations has been adopted or implemented by either agency.
Recently, DHS announced its interest in building new prisons in or near southern Texas; Chicago, Illinois; Detroit, Michigan; St. Paul, Minnesota; and Salt Lake City, Utah. The agency stated its goal was to increase the system’s capacity by up to 4,000 more beds.42Legal aid organizations in these regions sent a letter to DHS explaining that they would have little or no capacity to provide meaningful access to counsel if the government carries out this expansion.43 As of publication of this report, DHS has not responded to this letter nor contacted any of the organizations to assess access to legal counsel.
The administration seems poised to duplicate Cibola throughout the country. Its goal is clear: by undermining detained immigrants’ access to counsel, the administration ratchets up its removal rates.
When the administration flaunts its record rates of deportations, it is telling a story of what happens to immigrants like Christopher and hundreds of others at Cibola who face insurmountable barriers to justice, not describing a legitimate outcome of enforcement of United States law. Jailing immigrants during their deportation proceedings makes it significantly more likely they will be deported, regardless of the merits or strength of their defense to deportation. At Cibola and prisons like it throughout the United States, incarceration has become another weapon in the administration’s arsenal, intended to facilitate mass removals no matter the cost to due process or civil rights.
Recommendations
DHS must close detention facilities like Cibola, where due process is non-existent given individuals’ lack of access to counsel.
Congress must cut appropriated funds for immigration detention, in light of the civil rights and due process crisis within the system.
Specifically, Congress must:
Cease funding to detain individuals where there is no evidence of flight or security risk.
Engage in robust oversight to ensure that when DHS does utilize detention, funding is only available for facilities where there is sufficient access to legal counsel (an established immigration bar) and adequate health care for individuals in detention.
A Note On Methodology
For the survey cited in this report, the National Immigrant Justice Center (NIJC) undertook a census of all the attorneys we could identify who regularly practice immigration law in New Mexico and Texas. The intent was to determine 1) the number of attorneys available to take immigration cases out of the Cibola County Correctional Center and 2) the maximum number of cases each attorney could take at a given time. NIJC staff identified all attorneys in New Mexico who, as of July 2017, were members of the American Immigration Lawyers Association (AILA), the primary membership association for immigration attorneys in the United States (identified using the membership directory at http://www.aila.org/member-directory). Through informal conversations with AILA members and legal aid organizations, NIJC staff added other New Mexico- and Texas-based attorneys to the list who were identified as providing even minimal legal representation at Cibola. NIJC staff and interns reached out to each of these attorneys via email and telephone. NIJC communicated directly via phone or email with an attorney or authorized staff person at all but nine of the 60 offices on the final list. Each attorney was asked whether they were able and willing to provide legal representation to individuals detained at Cibola, for a fee or on a low-cost or pro bono basis, and if so approximately how many cases they could take at maximum capacity. The detailed results of this census are on record with NIJC.
In addition to these census questions, NIJC staff held more extensive interviews with staff members at the following nonprofit legal service providers: Catholic Charities of Southern New Mexico (Las Cruces, NM); Diocesan Migrant and Refugee Services (El Paso, TX); Instituto Legal (Albuquerque, NM); Las Americas Immigrant Advocacy Center (El Paso, TX); the New Mexico Immigrant Law Center (Albuquerque, NM); and Santa Fe Dreamers Project (Santa Fe, NM). Additionally, in June 2017 NIJC staff members visited the Cibola prison, where they spoke with 12 individuals detained at the facility whose insights inspired and contributed to this report. Notes from these conversations are on record with NIJC. Notes from all of these conversations are on record with NIJC.
Acknowledgements
The principal authors of this report are NIJC Director of Policy Heidi Altman and NIJC Director of Communications Tara Tidwell Cullen, with research and editing contributions from NIJC colleagues Keren Zwick, Diane Eikenberry, Mary Meg McCarthy, Claudia Valenzuela, Julia Toepfer, and Isabel Dieppa. NIJC interns Linda Song and Anya Martin also contributed to this report. Sincere thanks for insights and support from Jessica Martin and Rebekah Wolf of the New Mexico Immigrant Law Center, Allegra Love of the Santa Fe Dreamers Project, Yazmin Ruiz of United We Dream, and the detained immigrants whose experiences are described in this report.
All photos credit the National Immigrant Justice Center.”
*********************************************
Read the complete report at the link.
NIJC confirms what most of us involved in the immigration justice system already know — that the Trump Administration has “doubled down” on the Obama Administration’s misguided detention policies to create an “American Gulag.” A key feature of the Gulag is using captive so-called “U.S. Immigration Courts” in prisons. Such “captive prison courts” actually are parodies of real independent courts empowered to require Due Process for migrants and adherence to the rule of law. Immigration detention is a national disgrace for which all of us should be ashamed.
But, don’t expect any improvement from the Trump Administration unless the Article III Courts require it or we get a different Congress at some point. (I note that a few Democrats have honed in on this issue and introduced the “Dignity for Detained Immigrants Act” which unfortunately is DOA in this Congress.) Given the performance of the Article IIIs to date in this area, and the Trump Administration’s “quietly successful” program to stock the Article IIIs with right-wing ideologues, I wouldn’t count on that either. On the other hand, I’ve seen even very committed conservative jurists reach their “breaking point” on Government immigration abuses once they become life-tenured Federal Judges and are no longer directly accountable to their right-wing “political rabbis.” Denial of statutory, Constitutional, and Human Rights sometimes crosses over ideological fault lines.
Kudos to my good friends and dedicated defenders of Due Process and Human Rights Heidi Altman and Diane Eikenberry of the DC Office of the of the NIJC/Heartland Alliance for their leadership role in exposing these continuing abuses and making a record for future generations to understand and hopefully act on our current failure to make “equal justice for all” a reality in America and the related failure of our U.S. Immigration Courts to live up to their commitment to use “best practices” to “guarantee fairness and due process for all.”
THE TRUMP administration likes to justify its multi-front crusade against immigration and immigrants as a revival of the rule of law, or a recalibration of the rules to favor disadvantaged American workers. In fact, it is largely a resurrection of xenophobia that coincides with a spike, nearly 50 years in the making, in the number of foreign-born residents living in the United States.
“For decades,” Attorney General Jeff Sessions said in a speech in October, “the American people have been begging and pleading . . . for an immigration system that’s lawful and serves the national interest. Now we have a president who supports that.”
Mr. Sessions’s claims are specious. An embrace of legality is not the driving force behind the president’s decision to slash the admission of refugees to levels unseen in nearly 40 years. It is not what compelled Mr. Trump to endorse Republican legislation that would cut the annual allotment of green cards by a half-million, mainly by barring relatives of existing legal permanent residents of the United States. It is not why the Pentagon has considered ending a recruitment program that put skilled foreigners on a fast track for citizenship if they served in this country’s armed forces. And it is not why the administration favors ending the so-called diversity visa lottery program, under which immigrants are admitted from nations underrepresented in other programs.
Those programs were all legally enacted and, by and large, carried out in compliance with the law. The animating force in targeting them, as the administration is now doing, is an effort to turn back the tide of foreigners in our midst and exorcise what the president evidently sees as the demon of diversity.
The administration’s goal is not to reshape America’s immigration policy but to prune immigration itself. While Mr. Trump backs a GOP plan that would give preference to immigrants with skills rather than family connections in the United States, the effect would be not simply to shift the mix while maintaining the current level of legal immigration but to drastically reduce overall numbers of admissions.”
. . . .
Unfortunately, Mr. Trump has poisoned the debate on immigration so thoroughly that he has twisted the frame through which many Americans see the issue. His slurs — labeling Mexican immigrants as rapists and Muslim immigrants as terrorists — form the context from which the administration’s policies arise. They are affronts to U.S. tradition and values.
They’re also an assault on what Mr. Sessions refers to as “the national interest” and specifically the United States’ economic well-being. Legions of employers dependent on immigrant workers, especially to fill low-skilled jobs for which native-born Americans are too well educated and in short supply, will be harmed by choking off the flow of immigrant labor. With unemployment at a 16-year low and approaching levels unseen in a half-century, the Trump policies threaten to sap the economy by depriving it of the energy of striving newcomers who have fueled this nation’s ambitions since its founding.
It is within the president’s discretion to intensify efforts at deportation, though the humanitarian price — in shattered communities and families, including those whose children, born in this country, are Americans — is high. It is reasonable to take steps to tighten border security, though with illegal crossings already at a 40-year low and the Border Patrol’s staffing having already been doubled since the George W. Bush administration, a significant new investment along those lines faces the risk of diminishing returns. The administration may arguably have had a valid legal basis for ending the Obama-era program granting deportation protection for “dreamers” — undocumented immigrants who entered the country as children, often brought by their parents — though only a smallish minority of Americans believes they should be removed from this country.
But what value, other than sheer bigotry, is served by reducing the resettlement of refugees in the United States at a time when the number of displaced people worldwide has soared to staggering levels? In a country founded and in many respects shaped by refugees — a country that has resettled some 3 million refugees since 1980, more than any other nation — why does the Trump administration insist on turning its back on them now, when some 17 million people have been displaced from their homes across international borders around the world due to conflict or persecution, the highest number in a quarter-century?
It is clearly jarring to some Americans that the foreign-born portion of the overall population has nearly tripled since 1970. Many communities, towns and cities have been transformed culturally and socially by that surge, about a third of which was driven by illegal immigrants.
In some places, local government budgets have strained to provide services for immigrants, particularly public education, and the economic dislocation felt by many working-class Americans is a fact. But that dislocation is not mostly caused by immigrants. The United States is a more prosperous place today than it was before the surge in immigration, and immigrants have fed that prosperity — by helping to harvest America’s crops, build its cities, care for its young and elderly, and found some of its most buoyant companies.
. . . .The Trump administration’s crusade against immigration and immigrants is not just a quest to diminish the influence of the “other”; it is an assault on the nation’s future and prospects.”
*********************************
Read the complete editorial at the link.
This is largely (not entirely — I believe that there is a sound legal basis for continuing DACA, for example) what I’ve been saying all along:
Jeff Sessions is a bigoted, xenophobic, anti-American scofflaw whose disingenuous, self-righteous claims to be restoring the “Rule of Law” (that would be the “Jim Crow laws” of Sessions’s Alabama past) are totally outrageous;
The real purpose of the Administration’s xenophobic program is to divide and weaken America by stirring up racial, religious, and ethnic animosities;
The “Gonzo,” arbitrary interior enforcement program serves no useful purpose other than playing to the “biases of the base” and the wishes of some (not all) disgruntled immigration enforcement agents for unbridled authority;
Our xenophobic anti-immigrant rhetoric and policies are costing us leadership and respect on the world scene (just this weekend, the Administration withdrew from the UN Global Migration Pact);
Our past strength as a nation and our future success and prosperity is based on immigration (and, the US clearly has benefitted from BOTH legal and “extra-legal” migration);
The Trump Administrations’s rhetoric and actions are preventing us from having the serious discussion we need: how we can better regulate (not cut off, diminish, or eliminate) future legal migration of all types to serve our national interest (and to be more “in tune” with “market realities” that drive much immigration), reflect our humanitarian values and the legitimate needs of current and future migrants, and encourage use of our legal immigration system, thereby diminishing the incentives for extra-legal migration.
As long as U.S. immigration policy remains in the hands of White Nationalist xenophobes like Trump, Sessions, Miller, and Bannon (yes, Stevie “Vlad the Lenin” has vacated his perch in the West Wing, but he continues to pull strings through his White Nationalist disciples Sessions and Miller and to stir the pot through his alt-right “news” apparatus Breitbart News) we won’t get the constructive dialogue and the humane, realistic “immigration reform” that we really need. In other words, under current leadership, the real “Rule of Law” will continue to be diminished.
The threat of honor killing may form the basis of an asylum claim. While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies that a woman’s failure to strictly adhere to a rigid moral code imposed upon her brings such dishonor on her family in the eyes of the community that nothing short of her murder (at the hands of her own family) can restore the family’s “honor.” The BIA has issued no precedent decisions relating to these types of claims; there are not many published circuit court decisions. In a recent published decision, Kamar v. Sessions, the U.S. Court of Appeals for the Sixth Circuit reversed the BIA’s incorrect determination that a woman from Jordan who credibly fears an honor killing was not genuinely at risk, and did not show that the government of Jordan was unwilling or unable to protect her. However, I would like to focus in this article on the particular social group aspects of such claims.
As I have stated in other posts, the BIA established a requirement in its 1985 precedent decision Matter of Acosta that members of a particular social group must share an immutable characteristic. In a series of later decisions beginning with it’s 2006 precedent Matter of C-A-, the BIA additionally required cognizable social groups to satisfy its particularity and social distinction requirements. The former requires that there be a clear benchmark of who is and is not included in the group. The latter requires that the society in question (i.e. not the persecutors alone) view the members as forming a distinct group. It is not easy for a group to meet all three of these requirements.
However, I believe that women (and sometimes men) targeted for honor killings must be found to meet all three of these requirements, as they are inextricably built into the social code which gives rise to such horrific actions. First, being targeted for an honor killing is clearly an immutable characteristic. The entire reason the society in question requires an act as drastic as murder is that nothing short of eliminating the individual will undo the perceived shame on the family. There is no lesser form of rehabilitation or restitution available. Nor will the passage of time or the target’s departure from the society suffice. USCIS itself states in its own training materials for asylum officers on gender-based persecution that “the family may go to great lengths to pursue women (and men) accused of violating the family’s honor. Families employ bounty hunters, private detectives and social networks to pursue victims and searches may persist over years. In cultures with extended family networks over a large geographic area, relocation may offer no real protection.”2 This is the definition of an immutable characteristic.
Additionally, the group satisfies the particularity requirement. The code giving rise to honor killings (a term which the U.S. Court of Appeals for the Seventh Circuit has called “an oxymoron if we’ve ever heard one”)3 specifies who must be targeted. In societies in which such killings take place, if a family that adheres to a rigid moral code believes that a female member of the family has behaved in a way that tarnished its reputation to the point that an honor killing is required, the family cannot decide to kill, e.g., the third person that walks down the street, or a more distant relative, or the gardener to achieve the goal of restoring honor. The code governing such killings is specific as to who must be targeted.
Furthermore, social distinction is a given in such cases, as it is the perception of the society in question itself that is entirely responsible for both the family’s perceived loss of honor and for the “need” to carry out the murder. It is the society’s moral code that has been violated by the group member’s behavior; it is the society that has distinguished the violator in a manner that brings shame on her family; and it is the society’s perception that the honor killing is intended to appease. Therefore, while the asylum officer, immigration judge, or BIA may deny asylum for another reason, if credible, an asylum applicant who fears an honor killing should not be denied based on a failure to meet her burden of establishing membership in a cognizable particular social group.
In order to avoid the Board’s prohibition against the group being defined in a circular manner, it is best not to include the term “honor killing” in the definition of the proposed group itself. The membership in the group is the reason the person fears persecution. The definition should therefore generally not include the actual harm feared, because a person is not targeted for an honor killing because they are targeted for an honor killing- this is what the Board terms a circular argument. However, a person may be targeted for persecution because they are a member of the group consisting of, for example, “women from country X whose behavior is perceived to have brought dishonor on their family by flouting repressive moral norms.” The honor killing is the type of persecution that the applicant fears as a result of their membership in the group.
Copyright 2017 Jeffrey S. Chase. All rights reserved.
Notes:
1. On the topic of males targeted for honor killings, see Caitlin Steinke, Male Asylum Applicants Who Fear Becoming the Victims of Honor Killings: The Case for Gender Equality, 17 CUNY L.Rev. 233,(2013).
“San Francisco (CNN) A jury on Thursday found Jose Ines Garcia Zarate not guilty of homicide charges in the July 2015 death of Kate Steinle in San Francisco.
Jurors convicted the undocumented immigrant of being a felon in possession of a firearm after deliberating for more than 24 hours over six days.
The case became a political lightning rod in the debate over immigration policy. Proceedings lasted about one month.
Garcia Zarate, a Mexican citizen, is subject to immediate deportation.
He had been deported from the United States five times prior to Steinle’s death.
Garcia Zarate, 45, faced a charge of second-degree murder, but jurors also were allowed to consider first-degree murder and involuntary manslaughter convictions.
Garcia Zarate was accused of fatally shooting Steinle, 32, with a Sig Sauer .40-caliber handgun as she and her father walked on San Francisco’s Pier 14.
. . . .
Garcia Zarate’s undocumented status and San Francisco’s status as a “sanctuary city” prompted widespread debate over immigration policies.
Officials sued after Kate Steinle's death
Officials sued after Kate Steinle’s death 02:00
Garcia Zarate had been deported from the United States back to Mexico five times. Before the shooting, officials in San Francisco released him from custody instead of turning him over to immigration authorities.
Steinle’s death became a rallying cry for President Donald Trump and others, who have invoked the case in decrying sanctuary cities and promoting the construction of a border wall between the US and Mexico.
“This senseless and totally preventable act of violence committed by an illegal immigrant is yet another example of why we must secure our border immediately,” Trump said in July 2015. “This is an absolutely disgraceful situation and I am the only one that can fix it. Nobody else has the guts to even talk about it. That won’t happen if I become President.”
Trump also mentioned Steinle in his acceptance speech at the Republican National Convention after winning the Republican presidential nomination.
In June, the House of Representatives passed “Kate’s Law,” a bill that would create harsher penalties for repeat illegal entry to the US. The bill would also expand US law to pressure local cities to cooperate with federal immigration enforcement.
This summer, the House of Representatives passed H.R. 3004, dubbed “Kate’s Law” — a measure named for Steinle. The legislation would increase maximum prison penalties for immigrants caught repeatedly entering the US illegally.
The measure was introduced in the Senate but failed to get the 60 votes needed to pass.“
Joel Rubin & Paige St. John report for the LA Times:
“Sergio Carrillo had already been handcuffed in the Home Depot parking lot when an officer wearing a Homeland Security uniform appeared.
“Homeland Security?” Carrillo asked. “What do you want with me?”
Ignoring Carrillo’s demands for an explanation, the officer ordered the 39-year-old taken to a federal detention facility in downtown Los Angeles for people believed to be in the country illegally.
“You’re making a big mistake,” Carrillo recalled saying from the back seat to the officers driving him. “I am a U.S. citizen.”
The arrest last year was the start of a perplexing and frightening ordeal for Carrillo, who said in an interview with The Times that immigration officials scoffed at his repeated claims of citizenship and instead opened a case against him in immigration court to have him deported. It would take four days for government officials to concede their mistake and release Carrillo.
The case, say civil rights attorneys and other critics of the country’s immigration enforcement system, highlights broader problems with how people are targeted for deportation. They argue databases used by immigration officials to determine who is and isn’t in the country legally are beset by outdated and inaccurate information that leads to an unknown number of U.S. citizens being detained each year.
Since 2002, Immigration and Customs Enforcement has wrongly identified at least 2,840 United States citizens as possibly eligible for deportation, and at least 214 of them were taken into custody for some period of time, according to ICE records analyzed by the Transactional Records Access Clearinghouse at Syracuse University.
Because ICE in January stopped releasing data on those it takes into custody, it is impossible to know how many citizens have been caught up in the aggressive push to increase arrests and deportations being carried out under President Trump.
In one such case, Guadalupe Plascencia complained that she was transferred from San Bernardino County jail to ICE custody in March despite having become a citizen two decades earlier. The 59-year-old hairdresser said she was released only when her daughter showed ICE agents her passport.
On Wednesday, attorneys for Carrillo announced a settlement deal in which the government will pay him $20,000 to resolve a civil lawsuit he filed over the arrest.
ICE officials could not be immediately reached Wednesday.”
*****************************************
Read the complete article at the link. Many thanks to Nolan Rappaport for sending this my way.
If you read the complete story, you will see that even after learning of their likely mistake, ICE was in no hurry to correct it. In fact, it appears that but for the intervention of his lawyer, this individual might well have remained in detention and been scheduled for a removal hearing before an Immigration Judge. At no point does in this article does it appear that ICE was in any way apologetic for its mistake. Indeed, it took a civil lawsuit and a $20,000 settlement to get any satisfaction.
What if this U.S. citizen had been an “Anglo” dressed in a business suit? Would he have been treated the same way by ICE? I doubt it.
As I have pointed out before, Trump, Sessions, Miller and their White Nationalist cronies are in the process of constructing an internal security police force using ICE as the spearhead. Today, their targets are mostly people of color — be they migrants, legal immigrants, refugees, or U.S. citizens — and most in the “Anglo Community” seem happy to ignore what’s really happening to their neighbors and in their communities.
But, the “Day of the Anglos” might still come. After all, there is a long list of Americans who are not entitled to full legal protections according to “Jeff’s Law:” LGBTQ individuals, reporters, liberal counter demonstrators, those who challenge police brutality, voters in gerrymandered districts, women who want to exercise their Constitutional right to an abortion, non-Christians, etc. Who is going to speak up for YOUR rights if your Government won’t?
According to DHS propaganda, the “hard-line” policies of the Trump Administration have resulted in spectacularly diminished illegal border crossings and are discouraging individuals from coming here or staying under our legal system. As I’ve observed, some immigration agents have so little “real” law enforcement work to do that they can take time to engage in such “enforcement overkill” as staking out a kid’s hospital room or arresting and deporting working parents of U.S. citizens and local soccer stars who have no serious criminal records.
So, with everything under control, why does the Trump Administration need 15,000 additional immigration agents, a Border Wall, and an expanded private immigration detention Gulag? What’s the “ultimate purpose” here? Who’s going to speak up for YOUR legal rights when the Trumpsters show up at your door to take them away?
It’s been a tough year for EOIR, the agency of the U.S. Department of Justice that oversees the U.S. Immigration Court system. (Although, admittedly, probably not as tough for EOIR as for the many individuals forced to count on EOIR for potentially life-saving due process who were short-changed and the often disrespected attorneys representing, or trying to represent, them.)
The backlog has continued to mushroom to more than 640,000 cases with no end in sight; new Immigration Judge hiring and courtroom expansion continued to lag; e-filing remains a pipe dream; recently retired former Director and BIA Chair Juan Osuna died suddenly and unexpectedly; and a new Attorney General took office who apparently views the Immigration Courts not as a “real” judiciary charged with acting independently to protect the due process and other legal rights of migrants, but rather as a mere “whistle stop on the DHS deportation express.”
But, at least some good news could be in the offing. Reportedly, Judge Christopher A. “The Great Santorini” Santoro, who currently serves as the Acting Chief of Staff for the Acting Director of EOIR, Judge James McHenry, will assume overall responsibility for the BIA’s Law Library (which includes the highly-regarded “Virtual Law Library”) and the Judicial Training Program. Both important functions will be “relocated” to the Office of Policy in the Director’s Office.
Judge Santoro served as the Assistant Chief Immigration Judge for the Arlington Immigration Court during some of my tenure there and later went on to be an Acting Deputy Chief Immigration Judge before mysteriously disappearing for a time into the bowels of the EOIR bureaucracy (becoming essentially a “bureaucratic non-person” – off the organizational “depth charts”). He subsequently was “rehabilitated” and reappeared last spring when Acting Director McHenry appointed him Acting Chief of Staff.
Judge Santoro has a stellar reputation for hard work, efficiency, sound administration, and creative problem solving. In Arlington, he was viewed as a “trial judges’ judge” who devoted himself to supporting the judges and resolving problems while not interfering with the things that were working.
He also provided unprecedented feedback and guidance about what was “really happening at The Tower” – normally a “dark hole” for field judges. During my illness, he, along with my colleagues Judge Roxanne Hladylowicz and Judge Robert Owens, pitched in and handled some of my Master Calendars so they didn’t have to be rescheduled. I always found him to be totally supportive and responsive, as well as a great colleague. He cared deeply about and paid attention to the hard-working and underappreciated court staff. He is known as a manager who in the words of one former employee will likely “put competent people in charge and let them do their jobs.”
The Law Library has been under the outstanding leadership of Head Law Librarian Karen L. Drumond dating back to my tenure as BIA Chair (1995-2001). The upgrading of the Law Library, hiring of additional staff, and the creation of the Virtual Law Library were carried out with the encouragement and enthusiastic support of then-Director (and later BIA Member) Anthony C. “Tony” Moscoto. Tony correctly envisioned changing the previously, rather ignored, BIA Law Library into a major research aid for the Immigration Judiciary as well as a help to the public and a repository for certain historical materials about the BIA and EOIR’s history.
The Virtual Law Library, in particular, has been widely acclaimed as an important research tool in the world of immigration law. I still use the public version on a regular basis and recommend it to my students and others as a great resource!
Assistant Chief Judge Jack Weil has very capably managed the EOIR Judicial Training Program for years. However, despite Judge Weil’s best efforts, training too often fell victim to budget shortages or other bureaucratic impediments. Unfortunately, it has been, quite incorrectly, considered a “low priority” within the bureaucracy.
Immigration Judge Training hit bottom this past year when the incoming Administration without explanation cancelled critical in–person nationwide training for Immigrating Judges — the only real CLE and training that most Judges receive during the year. This was notwithstanding the arrival of many newly hired Immigration Judges who have never had a chance to attend a nationwide training conference or, indeed, even to meet the vast majority of their judicial colleagues!
I know that Judge Santoro takes legal research, professional excellence, fairness, and training very seriously. Indeed, while at the Office of Chief Immigration Judge he “directed” several “new judge training videos” with an all-star cast including some of our multi-talented former Arlington Judicial Law Clerks.
Generally, I interpret bringing the Law Library and Judicial Training functions under the Director’s Office and selecting a “total judicial management pro” like Judge Santoro to lead them as a positive sign for EOIR and the immigration world. Hopefully, the Law Library and Judicial Training will prosper and expand under Judge Santoro’s leadership to meet the challenges of the 21st Century.
“Job One” at EOIR is NOT about removing migrants at record paces, denying more asylum applications, or deterring future migrants. No, it’s all about fairness, scholarship, timeliness, respect, teamwork, and delivering Due Process and even-handed justice to some of the most vulnerable individuals in America.
Currently, EOIR is failing to discharge its critical duties to guarantee fairness and due process in the manner one would expect from one of the largest, perhaps the largest, and most important Federal Court systems. Hopefully, Judge Santoro will be part of the solution to the problems facing EOIR and those whose lives and futures depend on it.
“A Republican lawmaker on Tuesday joined congressional Democrats in saying he won’t support government funding at the end of the year without a resolution for young undocumented immigrants, adding heat to already tense negotiations.
Florida Rep. Carlos Curbelo has long been pushing for a permanent version of the Deferred Action for Childhood Arrivals program that President Donald Trump has decided to end, but Tuesday was the first time he committed to withhold a vote for funding in search of a deal.
“I’m announcing today that I will not support any appropriations bill that funds the government beyond December 31 unless we get this DACA issue resolved,” Curbelo said at a panel on immigration reform in Florida held by the pro-immigrant business group IMPAC Fund and the University of Miami.
Curbelo had stopped short of the threat just before leaving for Thanksgiving recess. Tuesday’s move puts him in the same camp as a growing number of Democrats, who have said they would not support any funding bill without a solution on DACA, which protects young undocumented immigrants who came to the US as children from deportation.
. . . .
Curbelo said he has no requirements about what the deal might entail, other than a reasonable compromise, and said he would be supportive of either combining it with spending or a standalone bill, but that it would have to be done by the end of the year.
Republican leadership has been disinclined to combine the two efforts and has pointed to the March deadline set by Trump for permits to begin expiring. Republican senators said after meeting with Trump earlier this month that they had ruled out putting DACA on a funding bill.
“I don’t think it’s going to be resolved in the context of the year-end omnibus, I think it’s going to be handled separately,” Majority Whip Sen. John Cornyn, R-Texas, told CNN in the Capitol on Monday, but he didn’t say whether they could be accomplished at the same time.
“We’re not there yet. We’re still talking,” he said.
Curbelo also said during the event that the bipartisan Problem Solvers Caucus is near completion on its proposal for a compromise.
“What we’ve essentially done is taken the (Recognizing America’s Children Act, which Curbelo authored) and the Dream Act and married them and then taken some border security components and put them into a bill. That’s almost ready to go,” Curbelo said.
His bill has 35 co-sponsors in the House, all but one of which are Republicans. It has a Senate companion, as well.
Democratic Florida Reps. Frederica Wilson and Ted Deutch were also on the panel and supported Curbelo’s position on funding.”
*********************************
Read Tal’s complete article at the link.
Stay tuned! I’d say it’s still “too close to call.”
==========================================
Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE
Greetings. Very recent Immigration Court records reveal that the proportion of asylum seekers who are unable to obtain representation has risen markedly. Ten years ago during FY 2007, only 13.6 percent were unrepresented. Five years ago (FY 2012), 15.8 percent were unrepresented. In FY 2017 the unrepresented figure was 20.6 percent.
At the same time, asylum decisions were up sharply during FY 2017. A total of 30,179 cases were decided by judges last year, a marked increase from 22,312 cases in FY 2016. This is the largest number of asylum cases decided in any one year since FY 2005. While asylum grants increased, denials grew even faster. This pushed the percent who were denied asylum to 61.8 percent. This is the fifth year in a row that denial rates have risen. Five years ago the denial rate was just 44.5 percent.
Without representation, the deck is stacked against an asylum seeker. Statistically, only one out of every ten win their case. With representation, nearly half are successful.
During FY 2012 – FY 2017, Jamaica had the highest denial rate (91.4%), followed closely by Laos (89.9%), the Philippines, (89.7%) and Mexico (88.0%). At the other extreme, the Soviet Union had the lowest denial rate (9.5%), with Byelorussia and Egypt with almost as low denial rates at 11.1 percent each.
More details on national trends, plus the impact of representation status and nationality on asylum outcome, are available in the second of TRAC’s two-part series available at:
In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through October 2017. For an index to the full list of TRAC’s immigration tools go to:
TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:
David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563
————————————–
Rather than working on reforms that would increase access to pro bono counsel for asylum seekers, the Administration has intentionally “ramped up” detention and placed so called “Detained Courts” in obscure locations where access to pro bono counsel and ability to prepare and present cases is restricted.
“Seven years later, after a series of TPS extensions had been granted, Duke announced that the conditions which were the basis for Haiti’s TPS designation no longer existed.
Among other things, the number of people displaced by the earthquake has decreased by 97 percent. Steps have been taken to improve the stability and quality of life for Haitian citizens, and Haiti is now able to safely receive traditional levels of returned citizens. Moreover, Haiti has demonstrated a commitment to preparing for the return of its nationals when the TPS designation is terminated.
The Haitian TPS aliens have little recourse if they disagree with Duke’s evaluation of conditions in Haiti. Section 244(b)(5)(A) prohibits judicial review of any determination with respect to the designation, termination, or extension of TPS.
Moreover, it is apparent that Congress did not want TPS aliens to remain in the U.S. when their status has been terminated. Section 244(h)prohibits the senate from considering legislation that would adjust the status of TPS aliens to that of a lawful temporary or permanent resident.
This prohibition can be waived or suspended but it requires a supermajority, “an affirmative vote of three-fifths of the Members of the Senate duly chosen and sworn,” which is very difficult to obtain.
If Haitian TPS aliens want to remain lawfully in the U. S. when their status expires, they have to find a way to obtain lawful status that would not be related to their TPS status, or seek a new grant of TPS on the basis of current conditions in Haiti.”
**********************************
Go on over to The Hill at the link to read Nolan’s complete article.
Nobody outside of the Trump Administration and GOP restrictionists believes that the conditions in Haiti have significantly improved to the point where 60,000 individuals can be safely resettled.
Indeed, the Haitian Government itself refutes that idea:
“A visit to Haiti would offer you insight on the challenges that we continue to face,” Altidor wrote. The country, he said, has faced several devastating blows — including flooding from Hurricanes Irma and Maria — since the initial designation in 2010 after Haiti’s deadly earthquake.
“The detrimental impacts of the recent hurricanes have complicated our ability to recover from the 2010 earthquake,” he said. Cholera and Hurricane Matthew…have exacerbated the situation on the ground, resulting in major disruptions of living conditions in the short term.”
In any event, the idea that the Trump Administration would find itself “legally compelled” to terminate TPS is questionable. Certainly, given the Haitian Government’s position, it would have been possible for the Administration to find that conditions had not significantly improved. However, this wouldn’t have suited their political purposes or played to their anti-immigrant base.
Returning the Haitian TPS individuals at this point is little short of nonsensical. A responsible Administration would have proposed some type of long-term legislative solution that would allow the Haitians, who are indeed now part of and contributing to our society, particularly in Florida, to remain in some type of legal status, with or without a “path to citizenship.”
Since taking office, President Donald Trump and Attorney General Jeff Sessions have been trying illegally to strong-arm law enforcement agencies across the country into colluding with the Department of Homeland Security’s mass deportation agenda. But the courts have blocked them every step of the way.
President Trump took his first shot across the bow just a few days after inauguration. A single provision buried in Executive Order 13768 threatened to cut off all federal funds to so-called sanctuary cities. The provision was broad and undefined. It appeared to target jurisdictions that have adopted a range of lawful and sensible law-enforcement policies.
A federal court in California quickly put the executive order’s provision on hold. And last Monday, after months of hearings, the court permanently blocked the unconstitutional provision, ruling that it violated separation of powers, the Constitution’s Spending Clause, and the Tenth Amendment. The court also ruled that the provision was unconstitutionally vague. The judge in the case wrote that “[f]ederal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the President disapproves.” The government has appealed this case to the Ninth Circuit Court of Appeals, but for the time being, the president cannot carry out his threat.
Attorney General Sessions tried another way to coerce local governments into adopting anti-immigrant policies. His strategy was to attach new conditions to existing federal law enforcement grants. In July, he announced that recipients of Byrne Justice Assistance Grant (JAG) funds, which support a wide range of local programs including indigent defense, crime prevention, and drug treatment, would henceforth be required to allow Immigration and Customs Enforcement (ICE) agents to enter jails to interrogate inmates and provide 48 hours’ notice of an inmate’s release date if ICE requests it.In September, a federal court in Chicago blocked these conditions nationwide, ruling that the Justice Department had no authority to impose new requirements on the grant money – that’s the job of Congress. Again, the Trump administration has appealed to the Seventh Circuit. Earlier this month, a federal court in Philadelphia also ruled that these new conditions are illegal.Not to be discouraged, Sessions tried the same tactic with a different pot of Justice Department money. In September, he announced that applicants for Community Oriented Policing Services (COPS) Office grants would receive preferential consideration if they cooperated with ICE’s interrogation and notification demands. Last week, the Justice Department announced more than $98 million in COPS grants to hire 802 new full-time law enforcement officers across the country — and claimed that 80 percent of the grantees had agreed to cooperate with the feds on immigration enforcement. COPS funds are intended to help build trust between communities and law enforcement. Instead, Sessions is trying to incentivize police departments to do the exact opposite – discouraging immigrants from contacting the police if they are victims or witnesses to a crime, for fear that they or their family members might be detained and deported.
And sometimes Sessions resorts to naked threats. Since August, the Justice Department has sent at least two rounds of letters to states and local jurisdictions it deems to have insufficient immigration policies. The letters are impressive in their desperation, proposing a new and expansive interpretation of federal law that would strip Byrne JAG funds from almost any local law enforcement agency that limits entanglement with federal immigration enforcement. They are meant to frighten cities and states into agreeing to dedicate government personnel and taxpayer dollars to help the federal government advance its harsh vision of immigration enforcement — but, as its repeated losses in courts confirm, the Justice Department’s legal footing is weak.
With these letters, the administration continues its campaign to harass cities and states that support immigrant communities and advance public safety by focusing their efforts locally and leaving federal immigration enforcement to the feds. The law, however, is clear: Trump and Sessions cannot force state and local governments to do their bidding, no matter how hard they try.”
***************************************
Although Gonzo sanctimoniously and disingenuously pontificates about the “rule of law” and lobs restrictionist-inspired grenades about “dirty immigration lawyers,” in fact Gonzo and Trump are the one engaging in gross abuses of the U.S. legal system in support of an illegal, racist, White Nationalist Agenda.
Because of the rules giving wide latitude to those in political positions, it’s doubtful that either one of these anti-American zealots will ever be held fully liable for his actions. But, their misguided campaign can be thwarted if enough of us who believe in the Constitution and representative government “Just Say No” to their antics.
ALANNA DURKIN RICHER REPORTS FOR ASSOCIATED PRESS ON ABC NEWS:
“Dozens of Indonesians fighting deportation from the United States won another reprieve Monday when a judge ruled that a federal court has the authority to take up their case.
U.S. District Court Judge Patti Saris in Boston rejected the government’s argument that the court doesn’t have jurisdiction in the matter and that immigration officials should be allowed to immediately deport the Indonesians.
An attorney for roughly 50 Christian Indonesians, who fear persecution if returned home, called the judge’s decision “enormously significant.”
“It reaffirms the central role of the federal courts in ensuring that there is a fair process when someone’s life may be at stake,” said Lee Gelernt, of the American Civil Liberties Union’s Immigrants’ Rights Project. “The court soundly rejected the government’s position that the federal courts lack authority to ensure that individuals have an opportunity to present their case before an immigration judge before they’re removed.”
The judge is blocking immigration officials from removing the Indonesians until the court considers their request for a preliminary injunction. She had initially put their deportation on hold until she could decide whether the court had authority to take up the matter.
The government already appealed the judge’s earlier decision to the 1st U.S. Circuit Court of Appeals and is likely to challenge her latest ruling.
Many of the Indonesians went to seacoast communities in New Hampshire, where they found jobs and raised families. In a deal brokered by Democratic U.S. Sen. Jeanne Shaheen, of New Hampshire, in 2009, they were allowed to stay as long as they regularly reported to the Immigration and Customs Enforcement office.
But in recent months, they were told during their visits to the immigration office that they should buy plane tickets and prepare to leave the country. Some said they fear returning to Indonesia, a Muslim-majority country, due to an uptick in intolerance and violence against Christians and other minorities.
Shaheen said she’s “very encouraged” by the ruling.
“New Hampshire should continue to be a sanctuary to the Indonesian community that fled religious persecution,” Shaheen said in a statement. “Deporting these individuals will needlessly split families and communities, and put lives in danger. I’ll continue to make every effort to prevent these deportations so that the Indonesian community can continue to live peacefully in New Hampshire.”
A federal judge in Michigan ruled in July that a U.S. district court has jurisdiction in a similar immigration case. The government is challenging that ruling, which halted the deportation of 1,400 Iraqi nationals, including many Christians fearing persecution.”
Yet another setback for the Trumpsters in their quest to deny legal and human rights to the most vulnerable among us. This one also appears on its face to be politically motivated. When will Christian Evangelicals finally wake up to the threat that this Administration poses to everyone in America?
PROFESSOR CÉSAR CUAUHTÉMOC GARCÍA HERNÁNDEZ writes in the NY Times:
“At the door of the Lindsey-Flanigan Courthouse in Denver one Friday in April, federal Immigration and Customs Enforcement agents tackled a man to the ground. A chilling video shows the man — who, according to his lawyer, was there to deal with a traffic ticket — yelling “No!” “My hand!” and “Why?” in Spanish. Sheriff’s deputies order passers-by to stand back, and the violent arrest continues.
The next month, ICE agents returned and arrested another man. His lawyer can be heard in a video of the incident asking the agents if they had a warrant. One responds, “Yes, sir.” The lawyer asks, “Can I see it?”
The agent’s response: “No, sir.”
Both men, according to their lawyers, were taken to immigration detention centers.
This type of arrest is on the rise. Lawyers and judges in Arizona, California, Colorado, Connecticut, New Jersey, New York, Oregon, Texas and Washington all reported in the first year of the Trump administration that immigration officials were breaking with tradition to descend upon their courthouses. Such arrests in New York have increased by 900 percent in 2017, according to the Immigrant Defense Project.
This is a deeply worrisome trend because arrests at courthouses don’t just derail the lives of the unsuspecting people who are detained, they threaten the very operation of our judicial system. Such arrests scare people away from the courts, keeping them, for example, from testifying at trials or seeking orders of protection. By using this tactic, the nation’s lead immigration law enforcement agency is undermining a pillar of our democracy.
. . . .
Courthouses have a special place in American society. It’s only in a court of law that we can be confident that disputes will be mediated deliberately, and according to a set of rules intended to ensure justice for all parties. As the Supreme Court declared in 1907: “The right to sue and defend in the courts is the alternative of force. In an organized society it is the right conservative of all other rights, and lies at the foundation of orderly government.”
The pursuit of justice depends on getting the parties in the same room. That’s why courts have the power to drag in unwilling participants with subpoenas. They can compel witnesses to testify or risk contempt charges. Courts rely on their hard-earned legitimacy as the rightful locations for resolution of disagreements.
Courthouse arrests by ICE deter not only undocumented immigrants but also people who are here legally but are nervous that they might have somehow compromised their status (or that an officer will think they have). That’s a nuance that is next to impossible for the average person to discern, and those complicated legal questions are exactly what immigration judges spend a lot of energy trying to answer.
. . . .
The harm this causes is bigger than the people whom ICE arrests. United States citizens are not immune to the impact of ICE activity in courthouses. All of us — including those of us who could easily prove our immigration status — depend on courts to do their job, and all of us suffer if the fear of ICE keeps people away.
ICE understands its actions can paralyze important institutions. Longstanding ICE policy discourages questioning or arresting people in schools and churches. It is time to add courthouses to that list. But top administration officials have vigorously defended courthouse arrests.
With no change to federal policy in sight, it is up to cities and states to push back. Elected officials must take seriously their legal obligation to keep courthouses accessible. In addition, the cities and states that own and operate most courthouses and ensure that no one uses their courts in a way that halts judicial business — protesters can’t block the doorway, bail bondsmen aren’t allowed to set up shop in the lobby — should do the same here for immigration agents.
ICE should no longer get free rein to tackle, handcuff and haul away immigrants, sending a message to others that they should think twice before trusting in the courts.
DHS: “Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. This decision follows then-Secretary Kelly’s announcement in May 2017 that Haiti had made considerable progress, and that the country’s designation will likely not be extended past six months.”
ImmProf: “A federal judge has permanently blocked President Donald Trump’s executive order to cut funding from “sanctuary cities,” cities that limit cooperation with U.S. immigration enforcement authorities. U.S. District Court Judge William Orrick issued the ruling [] in lawsuits brought by two California counties, San Francisco and Santa Clara. Judge Orrick said Trump cannot set new conditions on spending approved by Congress. The ruling is here. Download Summary-Judgment”
CNN: “Durbin and Graham remained flexible as to whether the immigration deal would decide their votes. If Congress is unable to pass a spending bill by midnight on December 8, the government will shut down.”
WaPo: “Across agencies and programs, federal officials are wielding executive authority to assemble a bureaucratic wall that could be more effective than any concrete and metal one.”
Reuters: “Dozens of police departments in the United States have been granted new powers, or are seeking them, to check the immigration status of people they arrest, aiding President Donald Trump’s broad crackdown on people living in the country illegally.”
