GONZO’S WORLD: HE FIDDLES AS ROME BURNS! — Threats To Judges, Xenophobia, Racism, Cutting Corners, Dissing Respondents & Their Lawyers, Bogus Numbers, Aimlessly Adding Bodies Fail To Stem Tide Of Backlogged Cases In An Obviously Broken System — When Will Congress &/Or The Article IIIs Do Their Jobs By Restoring Due Process, Impartiality, & Competent, Apolitical Court Management To This Sorry Caricature Of A Court System?

Here’s the latest from TRAC:

==========================================
Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Greetings. In August 2018, Immigration Courts remained overwhelmed with record numbers of cases awaiting decision. As of August 31, 2018, the number had reached 764,561. In July, the number of cases awaiting decision was 746,049 cases. This is a significant increase – up 41 percent – compared to the 542,411 cases pending at the end of January 2017, when President Trump took office.

California, Texas, and New York have the largest backlogs in the nation at 142,260, 112,733, and 103,054 pending caseloads respectively. While California is the state with the most pending cases, New York City’s immigration court topped the list of immigration courts with highest number at 99,919 pending cases at the end of August.

To view further details see TRAC’s immigration court backlog tool:

http://trac.syr.edu/phptools/immigration/court_backlog/

In addition to these most recent overall figures, TRAC continues to offer free monthly reports on selected government agencies such as the FBI, ATF, DHS and the IRS. TRAC’s reports also monitor program categories such as official corruption, drugs, weapons, white collar crime and terrorism. For the latest information on prosecutions and convictions through July 2018, go to:

http://trac.syr.edu/tracreports/bulletins/

Even more detailed criminal enforcement information for the period from FY 1986 through August 2018 is available to TRACFed subscribers via the Express and Going Deeper tools. Go to http://tracfed.syr.edu for more information. Customized reports for a specific agency, district, program, lead charge or judge are available via the TRAC Data Interpreter, either as part of a TRACFed subscription or on a per-report basis. Go to http://trac.syr.edu/interpreter to start.

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

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 US Federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

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

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

At approximately 20,000 more backlogged cases per month, the “Gonzo-ized” version of the US Immigration Courts are on track to jack the backlog up to 1 million by the end of FY 2019! Talk about self-inflicted, totally unnecessary chaos!

Hiring more new Immigration Judges won’t solve the problem because 1) if they do the job right, they will be slow and deliberative, 2) if they are slow, they will be fired, 3) but if they do it “Gonzo’s way” and give Due Process a pass, many of their cases will be sent back by the Courts of Appeals, adding to the mess.

Gonzo’s recent “My Way or the Highway” speech to new IJs where he unethically urged them to violate their oaths of office by ignoring relevant humanitarian factors in asylum cases (which actually are supposed to be humanitarian adjudications) and just crank out more removal orders to carry out the Administration’s White Nationalist agenda is a prime example of why more judicial bodies can’t solve the problem without a complete overhaul of the system to refocus it on Due Process — and only Due Process.

Someday, the Immigration Courts will become independent of the DOJ. That should include a professionally-administered, transparent, merit-based, judicial selection and retention system with provision for meaningful public input. (Such systems now are used for selection and retention of US Bankruptcy Judges and US Magistrate Judges.) When that happens, those Immigration Judges who “went along to get along” with Gonzo’s xenophobic, anti-immigrant, ignore Due Process system might be challenged to explain why they are best qualified to be retained in a new system that requires fair, impartial, and scholarly judges.

This court system can be fixed, but not by the likes of Gonzo Apocalypto; also, not without giving the Immigration Judges back authority over their dockets and leverage to rein in a totally undisciplined, irresponsible, unprofessional, and out of control ICE. (Responsible, professional, practical, humane leadership at DHS and ICE is also a key ingredient for a well-functioning and efficient court system.)

PWS

09-27-18

 

 

 

 

LA TO GET MORE US IMMIGRATION JUDGES: But, Head Of Judges’ Association Says Throwing Bodies At Broken, Politicized, Demoralized Court System Won’t Solve The Due Process Crisis!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=8c9f4727-d315-41f8-bab7-12cef47a2f5d

Andrea Castillo reports for the LA Times:

Amid huge backlog, L.A. will get more immigration judges

Head of national jurist group says they’re ‘being used … as a political tool.’

By Andrea Castillo

Los Angeles has the nation’s second-largest immigration court backlog, with 29 judges handling 72,000 pending cases.

That’s including four judges who started within the last few months. An additional 10 were expected to be sworn in this week, according to Judge Ashley Tabaddor, who leads the National Assn. of Immigration Judges.

But she says that won’t fix the problem.

“We’re just transparently being used as an extension of the executive branch’s law-enforcement policies, and as a political tool,” she said.

U.S. Atty. Gen. Jeff Sessions welcomed 44 new judges earlier this month, addressing them at a kickoff for their training with the Executive Office for Immigration Review. He said the administration’s goal is to double the number of judges active when President Trump took office.

“As you take on this critically important role, I hope that you will be imaginative and inventive in order to manage a high-volume caseload,” Sessions told them. “I do not apologize for expecting you to perform, at a high level, efficiently and effectively.”

There are 351 judges in about 60 courts around the country — up from 273 judges in 2016. These judges manage a backlog of nearly 750,000 cases,a figure that has grown from a low of less than 125,000 in 1999. Last year, Sessions introduced a “streamlined hiring plan” that cut the hiring timefor immigration judge candidates by more than half.

The EOIR has the funding for 484 judges by the end of the year, spokeswoman Kathryn Mattingly said.

Tabaddor said the impending quotas and production deadlines, which take effect next month, have caused severe anxiety among judges. Justice Department directives that were announced in April outlined a quota system tied to performance evaluations under which judges will be expected to complete 700 cases a year to receive a “satisfactory” rating.

Hiring more judges won’t be enough to alleviate the pressure they’re all under, Tabaddor said.

“It’s pitting the judges’ livelihood against their oath of office, which is to be impartial decision-makers,” she said, calling it an “assembly-line formula.”

Tabaddor said there also isn’t enough space for new judges, so some might not start right away. She described the downtown L.A. offices as cramped, with law clerks sharing offices or cubicles. And she said additional support staff members have yet to be hired.

andrea.castillo@latimes.com

Twitter: @andreamcastillo

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

Yup! As long as the Immigration Courts are under DOJ, and particularly under the rule of “Gonzo Apocalypto,” it will be an exercise in “throwing good money after bad.”  As I’ve said before (perhaps in the LA Times?), what Sessions is doing is like “taking an assembly line that is producing defective cars and making it run faster so that it will produce even more defective cars.” More or less the definition of insanity, or at least “fraud, waste, and abuse” of Government resources. But, accountability went out the window as soon as Trump took over and the GOP controlled both the Executive and Congress.

For a glimpse of what Immigration Court will look like under the new “Gonzo Quotas,” check out this great video:

https://www.youtube.com/watch?v=HnbNcQlzV-4

We need regime change!

PWS

09-26-18

 

TRUMP’S OUTLANDISHLY BOGUS CLAIMS LITERALLY MAKE AMERICA A LAUGHINGSTOCK BEFORE THE WORLD’S LEADERS – The “Descended From Immigrants” “Leader” Of Our “Nation Of Immigrants” Tells Immigrants To Stay Away – No Longer The “Beacon Of Hope & Freedom!”

https://www.huffingtonpost.com/entry/trump-to-migrants-stay-home-united-nations_us_5baa5317e4b07dc0b87e3987

Sebastian Murdock reports @ HuffPost:

Trump To Migrants: Stay Home

“Make their countries great again,” Trump said during a United Nations address of those seeking safety in the U.S.
President Donald Trump delivered a speech to the United Nations General Assembly on Tuesday in which he touted nationalism, got laughed at by world leaders, and told migrants to stop coming to the United States.

Trump began his address to world leaders by boasting of his supposed accomplishments.

“In less than two years, my administration has accomplished more than almost any administration in the history of our country … So true,” Trump said. Laughter could be heard from those in attendance.

“Didn’t expect that reaction, but that’s OK,” Trump said.

Later in the speech, the president launched into his anti-immigration views, saying illegal immigration “has produced a vicious cycle of crime, violence and poverty.” He added that the United States will not participate in the U.N.’s new global compact on migration, which the world body said would “develop a global compact for safe, orderly and regular migration.”

“Migration should not be governed by an international body unaccountable to our own citizens,” Trump said. “Ultimately, the only long-term solution to the migration crisis is to help people build more hopeful futures in their home counties. Make their countries great again.”

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

Compare Trump’s dishonest, selfish, and downright cowardly views on immigration with those of President Ronald Reagan as quoted by Philip Klein in an article in the Washington Examiner:

Saying that the setting was fitting, Reagan spoke of the families that came through Ellis Island right by the Statue of Liberty. “These families came here to work,” he said. “They came to build. Others came to America in different ways, from other lands, under different, and often harrowing conditions, but this place symbolizes what they all managed to build, no matter where they came from or how they came or how much they suffered.”

He went on to say that, “They helped to build that magnificent city across the river. They spread across the land building other cities and towns and incredibly productive farms. They came to make America work. They didn’t ask what this country could do for them but what they could do to make this refuge the greatest home of freedom in history. They brought with them courage, ambition and the values of family, neighborhood, work, peace, and freedom. They came from different lands but they shared the same values, the same dream.”

https://www.washingtonexaminer.com/heres-how-ronald-reagan-spoke-of-immigrants-when-he-said-he-wanted-to-make-america-great-again

Selfish nationalism, ignoring international institutions, racism, and “I can do what I want because I’m bigger and have more guns” attitudes are what caused World War I and  World War II. Yet, here is America’s so-called “leader” diminishing us in the world’s eyes and spouting exactly the same type of ignorant, discredited garbage that led to two disastrous World Wars.

No wonder we are losing respect and becoming a laughingstock among nations.

No we’re not “MAGA;’ we’re “MARA” — and we are appearing ridiculous and cowardly to boot. What kind of country elects an “Evil Clown” like Trump to represent them on the world stage.

Get out the vote in November. Decent Americans need to take our country back from Trump and his non-majority “base” before it’s too late — for us and for the world! America is better than this!

PWS

09-25-18

 

DUE PROCESS MOCKED, COURT SYSTEM IN CHAOS! — NAIJ President A. Ashley Tabaddor Speaks Out Against Sessions’s Bias & Politicization Of U.S. Immigration Courts!

https://www.voanews.com/a/immigration-judges-say-new-quotas-undermine-independence/4582640.html

From VOA News:

Immigration Judges Say New Quotas Undermine Independence

The nation’s immigration court judges are anxious and stressed by a quota system implemented by Attorney General Jeff Sessions that pushes them to close 700 cases per year as a way to get rid of an immense backlog, the head of the judges’ union said Friday.

It means judges would have an average of about 2½ hours to complete cases — an impossible ask for complicated asylum matters that can include hundreds of pages of documents and hours of testimony, Judge Ashley Tabaddor said.

“This is an unprecedented act, which compromises the integrity of the court and undermines the decisional independence of immigration judges,” she said in a speech at the National Press Club, in her capacity as head of the union. Tabaddor said the backlog of 750,000 cases was created in part by government bureaucracy and a neglected immigration court system.

“Now, the same backlog is being used as a political tool to advance the current law enforcement policies,” she said.

Signature issue

Curbing immigration is a signature issue for the Trump administration, and the jobs of the nation’s more than 300 immigration judges are in the spotlight.

They decide whether someone has a legal basis to remain in the country while the government tries to deport them, including those seeking asylum. Tabaddor presides in Los Angeles, where she oversees 2,000 cases, including many involving juveniles.

The judges are employees of the Justice Department’s Executive Office for Immigration Review, which is overseen by the attorney general — unlike the criminal and civil justice systems where judges operate independently.

Immigration court judges have repeatedly asked for independence, and Tabaddor brought it up again Friday, calling the current structure a serious design flaw.

A Justice Department spokesman said the union has repeatedly tried to block common-sense reforms that would make the judges’ jobs better, and that the proper home for the courts is where they are right now, under DOJ.

FILE - The Arlington Immigration Court building in Arlington, Virginia. The courtrooms inside are plain, and cases are dispatched quickly, each one settled in five to 10 minutes. (A. Barros/VOA)
FILE – The Arlington Immigration Court building in Arlington, Virginia. The courtrooms inside are plain, and cases are dispatched quickly, each one settled in five to 10 minutes. (A. Barros/VOA)

Earlier this year, the Justice Department sent a memo to immigration judges telling them they would need to clear at least 700 cases a year in order to receive a “satisfactory” rating on their performance evaluations. Sessions has pushed for faster rulings and issued a directive that prevents judges from administratively closing cases in an effort to decrease the backlog by 50 percent by 2020.

This month, he appointed 44 new judges, the largest class of immigration judges in U.S. history, and has pledged to hire more. He said in a speech to the judges that he wouldn’t apologize for asking them to perform “at a high level, efficiently and effectively.”

Tabaddor wouldn’t say whether the quotas were also putting pressure on judges to deport more people — not just decide cases faster.

“There’s certainly no question they’re under pressure to complete more cases faster,” she said. “I think I would just say listen to the attorney general’s remarks and you can decide what messaging is going to be sent.”

Asylum qualifications

Earlier this summer, Sessions tightened the restrictions on the types of cases that can qualify someone for asylum, making it harder for Central Americans who say they’re fleeing the threat of gangs, drug smugglers or domestic violence to pass even the first hurdle for securing U.S. protection.

Immigration lawyers say that’s meant more asylum seekers failing interviews with U.S. Citizenship and Immigration Services to establish credible fear of harm in their home countries. They also say that immigration judges are overwhelmingly signing off on those recommendations during appeals, effectively ending what could have been a yearslong asylum process almost before it’s begun.

President Donald Trump hasn’t been behind the move to bolster the roster of judges. “We shouldn’t be hiring judges by the thousands, as our ridiculous immigration laws demand, we should be changing our laws, building the Wall, hire Border Agents and Ice,” he said in a tweet in June, referring to Immigration and Customs Enforcement.

Watch the C-Span replay here:

https://archive.org/details/CSPAN2_20180921_170200_Federal_Immigration_Judge_Discusses_Court_System

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

We need an Article I independent US Immigration Court now!

Congress seems to be tied up in knots. Will the Article IIIs step up and begin enforcing the Due Process clause of the Constitution?

The solutions — remand every case for a new hearing  in which: 1) Jeff Sessions shall not be involved, and 2) all precedents issued by Jeff Sessions are considered null and void. Jeff Sessions shall, however, be allowed to appear and make arguments as the attorney for DHS.

The Immigration Court System is collapsing. The lives of hundreds of thousands are at risk. We need less talk and more action to enforce Due Process!

Some historical perspective: EOIR once illegally tried to bar Judge Tabaddor from hearing Iranian cases because she attended a reception with other prominent Iranian Americans!  Compare that the with the overt, unethical anti-immigrant bias that Jeff Sessions spews out on a regular basis. His bias affects justice for every respondent appearing in Immigration Court.

Is 21st Century America going to permit “political show trials” every day in Immigration Court?

PWS

09-24-18

REGIME OF HATE: SPLC Highlights How Trump Administration “Biggies” Cozy Up To Groups Pushing Messages Of Hate, Intolerance, & Exclusion!

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FIGHTING HATE // TEACHING TOLERANCE // SEEKING JUSTICE
SEPTEMBER 22, 2018
Weekend Read // Issue 98

Good morning, Cathryn.

The Family Research Council (FRC) uses discredited research and junk science to attack and vilify LGBT people. It claims they’re incestuous and “violent,” for example, a danger to children and society.

The FRC is an anti-LGBT hate group. And today, it’s hosting some of the most extreme anti-LGBT groups in the country at its annual Values Voter Summit.

Joining them is none other than Secretary of State Mike Pompeo.

The news that such a high-ranking member of the Trump administration — one charged with representing the United States to the rest of the world — is choosing to attend an FRC event certainly “raises eyebrows,” as Nahal Toosi wrote for Politico.

As a former George W. Bush administration official told Toosi, “It’s unusual for a secretary of state to be at an event with ‘voter’ in the title.”

It’s much worse than that, in fact.

Pompeo, though, might feel right at home appearing with such far-right extremists. He’s spoken at numerous conferences hosted by ACT for America and Center for Security Policy, both anti-Muslim hate groups. And he’s not the only one from the Trump administration.

Just last month, Attorney General Jeff Sessions delivered remarks at a summit on “religious liberty” hosted by anti-LGBT hate group Alliance Defending Freedom.

Days later, a speechwriter for President Trump, Darren Beattie, was fired after revelations that he had spoken at a conference alongside Peter Brimelow, founder of the white nationalist website VDARE.

The Trump administration has opened its doors to the radical right. Not only are high-ranking officials speaking at events hosted by hate groups, they’re inviting extremists to consult on the administration’s policies, set its agenda and shape its rhetoric.

We saw another clear example this week with the news that it was Stephen Bannon and Kris Kobach who were behind the addition of a question about citizenship to the 2020 Census questionnaire.

Both have ties to extremists who would like to see exactly such a policy out of the White House. Bannon, of course, is Trump’s former chief strategist, a man who has boasted of transforming Breitbart News into “the platform for the alt-right.” Kobach, now the secretary of state in Kansas, is a longtime lawyer for the anti-immigrant hate group Federation for American Immigration Reform. He is also one of the nation’s leading proponents of state laws that suppress the votes of the poor and people of color.

We’ve been tracking instances of extremism in the White House. In less than a year, we’ve found 160 incidents, with at least 15 different hate groups involved in some way.

That’s unacceptable. And it’s why last weekend, we went to Washington to talk to residents who — like us — won’t stand for the bigotry on display at today’s so-called Values Voter Summit.

It’s overwhelmingly clear that the “values” Pompeo will be supporting – tacitly, at the very least –will not be those of LGBT people.

They won’t be the values of the DC residents who are standing with us to say #Y’allMeansAll.

They won’t even be the values of the majority of Americans, whose government should represent their interests rather than the interests of a hate group.

Heather Nauert, a spokeswoman for the State Department, told Politico that Pompeo’s message today is “not political. It’s not a Republican or Democrat message.”

That makes no difference. He has already sent a clear message by agreeing to even appear at the summit. And we’ve all heard it.

The Editors

P.S. Here are some other pieces that we think are valuable this week:

White people are still raised to be racially illiterate by Robin DiAngelo for NBC News

Hate-Crime Acquittal Roils LGBTQ Community in West Virginia by Yawana Wolfe for Courthouse News

Bad paperwork by Lucas Iberico Lozada for Popula

Americans want to believe jobs are the solution to poverty. They’re not. by Matthew Desmond for The New York Times Magazine

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

Yup! If you don’t believe in the White Nationalist agenda of hate, false narratives, and intolerance, vote for regime change in November!

PWS

09-23-18

 

HOW UNELECTED WHITE NATIONALISTS HAVE SEIZED CONTROL OF AMERICA’S IMMIGRATOIN AND REFUGEE SYSTEM – Racist Restrictionists Stephen Miller and L. Francis Cissna Are Destroying America’s Immigration Laws & Stomping On The Heart & Soul Of Our Nation!

https://www.nbcnews.com/politics/immigration/stephen-miller-wins-again-haley-other-foes-excluded-immigration-meeting-n910776

 

Julia Edwards Ainsley and Dan DeLuce report for NBC News:

WASHINGTON — Days before the Trump administration announced plans to slash the number of refugees allowed into the U.S. to its lowest level in 40 years, Trump senior adviser and immigration hard-liner Stephen Miller made his case for fewer refugees to a room of senior officials at the White House.

His sales job was made easier by the absence of top officials who disagree with his stance. They weren’t there because they weren’t invited, according to two people briefed on the discussions. Missing from the room last Friday were U.N. Ambassador Nikki Haley and the head of the U.S. Agency for International Development, Mark Green, both of whom have promoted a more generous policy toward refugees fleeing poverty, famine and persecution, the two sources said.

The planned cut in the refugee cap, now just 30,000 for the coming fiscal year, is the latest win for Miller, who has outmaneuvered opponents in and outside the administration to push through a crackdown on all forms of immigration.

Miller’s victories on the Muslim travel ban, limiting legal immigrationand separating migrant families at the border show his skill in pulling bureaucratic levers, blocking opponents from key meetings, restricting the flow of information and inserting his allies in key positions, said current and former officials.

In the administration’s internal discussions, Defense Secretary James Mattis — who was also absent from the Friday meeting — and Secretary of State Mike Pompeo had consistently opposed reducing the ceiling for how many refugees could be allowed into the country next fiscal year, former officials, humanitarian experts and congressional staffers from both parties told NBC News.

But after the meeting of top officials at the White House, Pompeo unveiled plans Monday to scale back the cap for refugees in 2019 to its lowest level since 1980. The secretary gave no explanation as to why he had changed his position, or how that number was arrived at during the closed door “principals” meeting.

Lawmakers from both parties, and some Christian charities, had urged Pompeo to stand firm against yet another reduction in refugee admissions, arguing it would undermine relations with allies, fuel instability in volatile regions and damage America’s image.

In a joint statement Wednesday, Republican Rep. Randy Hultgren of Illinois and Democratic Rep. Jim McGovern of Massachusetts expressed “extreme disappointment at the administration’s proposal,” and added, “We cannot turn our back on the international community in a time of historic need.”

Sen. Bob Menendez of New Jersey, the ranking Democrat on the Senate Foreign Relations Committee, said Monday he was “very concerned to see Secretary Pompeo was either not willing or unable to be a voice of reason in the room when the president was told he should continue grinding the U.S refugee program to a halt.”

Former officials said it appeared the top diplomat bowed to Miller and others pressing for scaling back refugee resettlement.

Image: Mike Pompeo
CIA Director Mike Pompeo speaks in Washington on Oct. 19.Carolyn Kaster / AP

“Pompeo got rolled,” said one former official familiar with the deliberations who served under Republican and Democratic administrations. The secretary “got manhandled by a kid who knows nothing about foreign policy,” said the source, referring to the 33-year-old Miller.

The State Department did not respond directly to questions about why Pompeo apparently altered his stance. But a spokesperson said the recommendation, which still must be approved by the president, takes into account additional security vetting procedures for refugee applications as well as the need to manage nearly 300,000 asylum cases.

Over the past several months, former officials and humanitarian organizations say, Miller restricted who would take part in the deliberations, while ensuring like-minded associates were in key positions at the State Department.

Unlike last year’s deliberations on refugees, Haley and her office were excluded from the inter-agency discussions on the issue and did not attend last Friday’s meeting where the cap was set, even though her staff argued she should be included, current and former officials said.

Although Haley’s office was not invited into the discussions, the ambassador “provided our views during the process,” a spokesperson for the U.S. mission at the UN told NBC News.

Haley had previously opposed drastic reductions in refugee resettlement numbers.

Paving the way for Miller, an official at the National Security Council, Jennifer Arangio, a political appointee who worked on President Donald Trump’s campaign, was fired and escorted from her office in July after clashing with Miller over refugee-related issues. And two refugee skeptics aligned with Miller are now in senior positions at the State Department: Andrew Veprek at the Bureau for Population, Refugees and Migration and John Zadrozny at the policy planning office.

The White House did not respond to requests for comment.

The State Department declined to disclose which agencies or officials attended the final interagency discussions, but a spokesperson said the plan was arrived at “in consultation with all appropriate government agencies.”

It was not clear if the Office of Refugee Resettlement, which is part of the Department of Health and Human Services and provides cash payments and medical assistance to newly arrived refugees, was invited to the inter-agency process. A spokesperson said ORR took part in “the discussion” on the issue but did not say specifically if the office had a seat at the table in the inter-agency deliberations.

The White House meeting last Friday was classified and limited to only a small number of senior officials and cabinet members. Those restrictions are usually reserved for more sensitive issues involving military action or intelligence, former officials said. The limits played in Miller’s favor, as cabinet members and their deputies could not divulge details of the discussion.

Mattis did not attend the meeting in person and provided his opinion in writing, Pentagon spokeswoman Dana White said. She added that “as the information and discussion were classified, I cannot provide further comment.”

Based on the administration’s public statements on the issue, Miller also appeared to succeed in framing the refugee issue on his terms.

Image: Jeff Sessions Joins Sean Spicer For Daily Press Briefing At The White House
Senior adviser to President Donald Trump, Stephen Miller, watches as Attorney General Jeff Sessions delivers remarks during the daily White House press briefing in Washington on March 27, 2017.Win McNamee / Getty Images file

When Pompeo announced the plan to reporters at the State Department this week, he echoed arguments that Miller and his supporters have often employed to defend drastic restrictions on refugees. Pompeo said that the government lacked the manpower to handle more refugees, that the U.S. was focused on providing aid abroad where refugees are located and that refugee numbers needed to be limited to safeguard the country’s national security.

“He was using Miller’s talking points,” another former official who served in both Republican and Democratic administrations said.

With the world facing the worst refugee crisis since World War II, the recommendation to slash refugee numbers was widely condemned by humanitarian organizations and rights groups. Pompeo’s announcement is “appalling, and it continues this administration’s rapid flight from the proud U.S. tradition of providing refuge to those fleeing persecution around the world,” said Eric Schwartz, president of Refugees International, who oversaw refugee policy at the State Department.

Those who share Miller’s views on immigration say he is portrayed unfairly by his critics. They maintain he is merely a successful advocate for Trump, who promised as a candidate to clamp down on immigration and temporarily halt Muslims from entering the country.

“As I understand it, Miller is zealously promoting his boss’s agenda within the administration, and running up against people who are less committed to that agenda,” said Mark Krikorian of the Center for Immigration Studies, which has backed the administration’s stance on immigration.

“He seems to be pretty effective at navigating bureaucratic politics, which is an essential skill if you want to get anything done.”

In a tumultuous White House, Miller is one of a handful of original Trump loyalists who has survived and thrived, exerting an outsize influence over immigration decisions and rhetoric.

One administration official, who was not authorized to speak on the record, said it should not be surprising that so many of Miller’s ideas have come to fruition.

“Miller has survived and people who think like Miller have survived because the president agrees with these policies. He is not running a rogue operation,” the official told NBC News.

Miller was once part of a small group of outsiders working as staffers on Capitol Hill who backed an aggressive line on immigration but often found themselves out of favor with the Republican Party establishment.

Many of those former colleagues are now deployed throughout the administration and have helped design and carry out some of Miller’s most sweeping and contentious policies, including a ban on travel from certain countries, a higher bar for proving asylum, a reduction in refugee admissions and the separation of migrant parents from their children at the border.

Miller and his allies have even promoted the creation of a denaturalization task force, which is supposed to ferret out people who lied on their applications and to strip them of their citizenship.

Critics say Miller is overseeing a systematic attack on all forms of immigration, illegal and legal, by promoting an underlying idea that foreign-born citizens or immigrants represent a dangerous threat to the country.

“I think he’s going to go down in history having a lot of blood on his hands. He is driving the most nativist agenda we have seen in 100 years,” said Frank Sharry, executive director of America’s Voice, an immigration reform advocacy group in Washington. “But he has had mixed results.”

Some of those mixed results include the legal blowback on the travel ban, which went through three versions before finally holding up in federal court. Miller also pushed for the end of DACA, the program designed to help children brought to the country illegally by their parents to remain in the U.S. But courts have stopped the administration from taking away those rights.

The most hard-line measures have also proved politically unpopular, according to opinion polls, with large majorities of American voters voicing opposition to ending DACA or detaining children separately from relatives entering the country illegally.

Meanwhile, over at Jezebel.com, Esther Wang gives us the skinny on the guy who implements an anti-immigrant agenda with a smile and has taken the word “Services” out of “United States Citizenship and Immigration Services.”

https://theslot.jezebel.com/meet-the-man-whos-making-life-shit-for-immigrants-thats-1829192394

Meet the Man Who’s Making Life Shit for Immigrants That’s NOT Named Stephen Miller

It’s often the architects of our nation’s monstrous immigration policies (cough Stephen Miller cough) who are the subject of dramatic news headlines and the target of our much-deserved vitriol. But, as a new Politico profile of Lee Francis Cissna, the director of U.S. Citizenship and Immigration Services, reminds us, the bureaucrats who willingly and happily follow the dictates that come from above are equally as appalling (if not more so in their unthinking devotion to carrying out orders).

Politico describes how Cissna, the son of an immigrant from Peru and husband to the daughter of a Palestinian refugee who has steadily worked his way up the ranks of different federal agencies, has been dramatically—and quietly—reshaping immigration policy:

Much less visible than Miller or Department of Homeland Security Secretary Kirstjen Nielsen, Cissna has quietly carried out Trump’s policies with a workmanlike dedication. From his perch atop USCIS, he’s issued a steady stream of policy changes and regulations that have transformed his agency into more of an enforcement body and less of a service provider. These changes have generated blowback from immigrant advocates, businesses and even some of his own employees. Leon Rodriguez, who served as USCIS director under President Barack Obama, said the agency is sending a message “that this is a less welcoming environment than it may have been before.”

While the travel ban and family separations grabbed headlines, Cissna has waged a quieter war,tightening and reworking regulations and guidance that make it harder to come to the U.S. as an immigrant or temporary worker.

In February, Cissna rewrote the mission statement of the agency which he heads, eliminating a passage that proclaims the U.S. is “a nation of immigrants,” a symbolic move that nonetheless signaled a worrisome shift.

A few months later, Cissna announced the creation of a new denaturalization task force, which would investigate naturalized Americans whom the agency suspected of lying on their citizenship applications. As Masha Gessen wrote in The New Yorker, “It’s the apparent underlying premise that makes this new effort so troublesome: the idea that America is under attack by malevolent immigrants who cause dangerous harm by finding ways to live here.” Gessen continued: “Indeed, the creation of the task force itself is undoing the naturalization of the more than twenty million naturalized citizens in the American population by taking away their assumption of permanence. All of them—all of us—are second-class citizens now.” One of the people Cissna wished to strip citizenship from? A 63-year-old Peruvian-American grandmother, over her minor role in a fraud scheme perpetrated by her boss.

He has also spearheaded other changes, many of which have largely flown under the radar and failed to generate widespread outrage outside of those whose lives will be impacted by them—from new rules that empower USCIS officials to initiate deportation proceedings for a wider number of immigrants to policies that allow USCIS officers to deny visa and green card applications over small errors, without giving applicants an opportunity, as the Obama administration did, to fix them.

And as Politico and others have reported, Cissna plans on pushing through a new regulation—described as “the most controversial regulation to come out of his agency under Trump”—that would prevent people from immigrating to the United States if they’re expected to use public benefits. As Politico writes, “The proposed regulation, which is expected before the midterm elections, would effectively gentrify the legal immigration system, blocking poorer immigrants from obtaining green cards or even from entering the country in the first place.”

People who have known Cissna for years expressed surprise at the turn that he has taken as head of USCIS.

“We’re pretty stunned that a guy who is compassionate, funny, proud of his immigrant mother from Latin America, that he would now be one of the key architects of the seemingly heartless policy of separating families,” Dan Manatt, who attended Georgetown Law School with Cissna, told Politico.

Cissna himself disputes that he bears any animosity towards immigrants.

“I just feel a strong commitment to the law, and to the rule of law,” Cissna told Politico. “None of the things that we’re doing, as I’ve said on numerous public occasions, are guided by any kind of malevolent intent.”

Good to know—he doesn’t hate immigrants, he just loves laws that make their lives as difficult as possible. What a relief.

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No, the law doesn’t require that we bend the rules to harass and make it difficult for individuals who qualify for legal immigration and refugee status to actually get into the country.  In addition to being complete jerks, Miller and Cissna are liars.

Get out the vote! Inspire your friends who oppose White Nationalism to get out and vote. These Dudes are pure evil, and America’s future is on the line! If decent people don’t stand up for humane values, evil can prevail! Time to restore the real “rule of law” which requires us to admit legal immigrants, refugees, and asylees without throwing up bogus White Nationalist roadblocks.

PWS

09-21-18

THE KILLERS AMONG US – The Lies, False Narratives, Cowardice, & White Nationalism Of The Trump Administration Will Kill Refugees We Should Be Saving & Make Us All Complicit In Evil!

https://www.theguardian.com/us-news/2018/sep/19/people-will-die-obama-official-warns-after-trump-slashes-refugee-numbers?CMP=Share_iOSApp_Other

Amanda Holpuch reports for The Guardian:

A former senior government official who oversaw refugee resettlement under Barack Obama warned that the Trump administration’s decision to slash the refugee admissions cap to a record low could have fatal consequences.

Bob Carey, the director of the Office of Refugee Resettlement (ORR) under the Obama administration from 2015 to 2017, told the Guardian the new limit of 30,000 refugees per year and the Trump administration’s justification for the cap was “a new low in our history”.

“People will be harmed,” Carey said. “People will die.”

Mike Pompeo, the secretary of state, announced on Monday that in the fiscal year that begins 1 October, the US will only allow up to 30,000 refugees – a sliver of 1% of the more than 68 million people forcibly displaced across the globe.

Carey and other refugee advocates said the new limit is part of a systematic effort by the US government to dismantle humanitarian protections for people fleeing violence, religious persecution and armed conflict. And they are concerned other countries will follow the US in dismantling refugee programs.

Pompeo’s announcement followed a six-month period where the US forcibly separated more than 2,600 migrant children from their parents, ended its commitment to funding the United Nations’ program for Palestinian refugees and was scrutinized by its own military officials for denying entry to Iraqis who assisted US troops.

Carey left his posting at ORR, an office in the health department, when Trump took office in January 2017. He said the refugee program – which is overseen by the health department, department of homeland security and state department – is being “managed to fail”.

“It’s really disturbing and tragic,” said Carey, who is now a fellow at the Open Society Foundations. “I think it will ultimately make the world less secure.”

Resettlement is what happens after people flee to one county and are then given a chance to start new lives in a third country. Resettlement is not what happens to most refugees: there were 19.9 million people who had fled their home country at the end of 2017, but less than 1% were resettled that year, according to the UN refugee agency.

An additional 40 million people are internally displaced and 3.1 million are seeking asylum, according to UNHCR.

With two weeks to go in the 2018 fiscal year, the US has admitted 20,918 refugees for resettlement – 46% of the current 45,000 refugee cap.

To justify the lower cap, Pompeo cited a backlog of outstanding asylum cases for draining resources. In doing so, he linked two groups that are processed differently – refugees and asylum seekers – and overstated how many asylum cases are in the backlog.

“Some will characterize the refugee ceiling as the sole barometer of America’s commitment to vulnerable people around the world,” Pompeo said. “This would be wrong.”

But humanitarian groups allege that targeting a population that is vetted more than any other immigrant group is a key indicator of the US’s humanitarian priorities under Trump.

“There is no question that from the very beginning this administration had a goal to shut down or extremely limit the refugee program,” said Michelle Brané, director of the migrant rights and justice program at the Women’s Refugee Commission.

Brané said low refugee admissions, coupled with the Trump administration’s slate of policies and directives that limit legal and illegal immigration, has created a “pressure cooker” in the most unstable regions in the world.

“You lock people in, you don’t let them out,” Brané said. “You don’t provide them an avenue to safety. What does that mean in the end? It feels like we’re leading to a bigger crisis.”

People in the refugee resettlement community are worried that the rapid, dramatic dismantling of the program means it will be difficult to rebuild if the cap is raised in the future.

This is because with fewer refugees coming in, there is less need for refugee resettlement agencies who work as nonprofits contracted by the US government to manage the resettlement process by finding refugees housing, jobs and schools. This year, at least 20 were set to close and 40 others have cut operations, according to Reuters.

Paedia Mixon is CEO of New American Pathways, an Atlanta resettlement agency that provides assistance to all types of immigrants. “Our fears are in a short period of time you can destroy something that’s worked really well,” Mixon said.

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Yes, it took generations to build up the current NGO resettlement system. But, it has taken the Trump Administration less than two years to largely dismantle, and totally demoralize, it. Once destroyed, that system will not easily be rebuilt, if at all.

American is hurtling down a dark corridor. We must use our democratic processes to remove Trump, his White Nationalists, and their GOP enablers and supporters before it’s too late for America and the world, and most of all for the human beings whose lives depend on the international refugee protection system.

As Jake Sullivan, former senior national security adviser to Hillary Clinton told the Washington Post’s Jennifer Rubin: “It’s been a long time in this country since there was such a big moral gap between a big-hearted American people and their small-minded leaders.”

Once, those who picked on widows, orphans, women, and children were rightly considered to be immoral bullies and cowards, the butt of jokes. Now, we have somehow let them govern our country. That’s the very definition of a kakistocracy — government by the worst among us. Time for a change!

PWS

09-20-18

GOOD NEWS: En Banc 9th Cir. Will Rehear C.J.L.G. v. Sessions On Children’s Right To Counsel in Removal – Oral Argument Set For Dec. 10, 2018 — “Our Gang’s” Amicus Brief Appears To Have Helped!

Lee Brand, Partner at Simpson Thacher & Bartlett LLP in Palo Alto, CA and his amazing group of brief write gave us the good news this afternoon and sent along these orders granting the rehearing en banc and setting OA:

CJLGOrder 2 CJLGOrder

Many thanks to Lee and his dedicated group of superstar members of the “New Due Process Army” without whom this effort would not have been possible.

Here’s a copy of the Amicus Brief from “Our Gang of Retired Judges:”

2018.03.15 CJLG Amicus Brief of IJs

This is one of many important Federal Court and BIA cases in which “Our Gang” under the leadership of Judge Jeffrey Chase and Judge Lory Rosenberg have filed amicus briefs informing the courts of the realities of Immigration Court practice and the current sad state of Due Process in the courts. We’re working on some additional “assignments.” We’ll keep fighting for fairness, Due Process, and judicial independence as long as we’re “alive and kicking.”

Here’s a brief report form Jeffrey:

I am sending this to our now much larger full group.  One of the early amicus briefs in which 11 members of our gang participated was filed in support of a motion for rehearing en banc before the 9th Cir. in CJLG v. Sessions.  In that case, an IJ went forward with the asylum hearing of a 15 year old respondent who was unable to retain counsel, telling his mother that she would represent him.  Not surprisingly, asylum was denied based on the respondent’s inability to state a cognizable social group and to establish the government was unable/unwilling to control.  The ACLU filed a petition for review in the 9th Cir. arguing that minors should be assigned counsel in removal proceedings, which was dismissed by a 3 judge panel.

Today, the 9th Cir. granted the motion for rehearing en banc; oral arguments are set for Dec. 10.
So far, of the cases in which our gang submitted amicus briefs, there have been successful outcomes in Negusie (before the BIA), and in Matumona v. Sessions in the 10th Cir., in which OIL stipulated to remand for the BIA to consider the arguments raised on appeal (which concerned the impact of remote detention centers on the respondent’s ability to retain counsel).

It’s an honor to be a member of “Our Gang” and to have the opportunity to work with the many outstanding pro bono counsel and firms throughout the country who are part of the “New Due Process Army.”  The efforts of these wonderful lawyers represent the real commitment to the “rule of law” in immigration and stand in sharp contrast with the jaundiced views and insults to the legal profession publicly proclaimed by Jeff Sessions.

If you are a retired Immigration Judge or BIA Appellate Immigration Judge and would like to join our collegial group effort, please contact Jeffrey, Lory, or me. It’s a rewarding experience and a great opportunity to use your expertise to “make a difference.” It’s also a great chance to keep in touch with your judicial colleagues. It’s not all work (that’s where our wonderful pro bono lawyers come in) — we also have some fun, good times, and fond recollections in the process. (Judge Gus “Hang 10” Villageliu has promised free (non-web) surfing lessons to all new members once hurricane season is past!)

Due Process Forever!

PWS

09-20-18

AMERICA THE MINUTE: AS WORLD REFUGEE CRISIS DEEPENS & IN THE FACE OF CLEAR EVIDENCE THAT REFUGEES ARE GOOD FOR AMERICA, OUR WHITE NATIONALIST REGIME TURNS ITS BACK ON REFUGEES – Fabricated Statistics & Bogus Attempt To Blame Asylum Seekers Highlight Disgraceful Actions – Sec. Mike Pompeo Joins White House “Racist Cult!” – Advice Of Experts Spurned!

https://www.cnn.com/2018/09/17/politics/pompeo-trump-refugee-asylum-levels/index.html

Refugee levels are surging worldwide. Trump is slashing the number the US will let in

By Zachery Cohen and Elise Labott, CNN:

White House slashes refugee cap to new low 02:16

Washington (CNN)As the number of people displaced by war and famine surges, the Trump administration is capping refugee admissions at the lowest level since 1980, Secretary of State Mike Pompeo announced Monday. It’s the second year in a row the administration has set the cap at a record low.

The US will cap refugee admissions at 30,000 in 2019, a 33% drop from 2018’s record-low ceiling of 45,000.
Pompeo said the number should not be considered as “the sole barometer” of the United States’ commitment to humanitarian efforts around the world, adding that the US would “focus on the humanitarian protection cases of those already in the country.”
As evidence, Pompeo cited the number of asylum applications expected next year, saying the US will process up to 280,000 such applications in 2019.
“The ultimate goal is the best possible care and safety of these people in need, and our approach is designed to achieve this noble objective,” Pompeo said. “We are and continue to be the most generous nation in the world.”
Refugee resettlement agencies, immigrant rights groups and religious leaders had been pushing for the administration to increase the cap, noting that the number of refugees who need help around the world is larger than ever.
But Monday’s announcement isn’t a surprise. Administration officials have been moving to scale back refugee resettlement in the US since President Donald Trump took office.
Last year, officials lowered the cap to 45,000, a dramatic decrease from the ceiling of 110,000 that President Barack Obama’s administration had set for the 2017 fiscal year.
And the US isn’t even going to admit that many. CNN reported in June that the US is on track to admit the fewest number of refugees since its resettlement program began in 1980, tens of thousands below the cap amount.
Monday’s announcement was met with swift condemnation from refugee resettlement organizations.
“The United States is not only abdicating humanitarian leadership and responsibility-sharing in response to the worst global displacement and refugee crisis since World War II, but compromising critical strategic interests and reneging on commitments to allies and vulnerable populations,” the International Rescue Committee said.
Pompeo’s assertion that the US will process up to 310,000 refugees and asylum seekers also makes a false equivalence between the two issues.
Asylum and refugee protections are designed on similar grounds to protect immigrants who are being persecuted. Refugee protections are granted to immigrants who are still abroad, whereas asylum is reserved for immigrants who have already arrived on US soil.
There is no cap on asylum numbers, and in recent years, roughly 20,000 to 25,000 asylum seekers have been granted protections annually, according to the latest available government statistics.
BY THE NUMBERS: HOW BATULO AND HER FAMILY FIT IN

Total refugees:

22.5 million around the world

3 million living in the US

Refugees recently admitted to the US:

96,874 in 2016

33,368 in 2017

4,978 so far this year

Somali refugees recently admitted to the US:

10,786 in 2016

2,770 in 2017

73 so far this year

Sources: Pew Research Center, International Rescue Committee, US State Department, United Nations

There are two resource and funding streams each for refugees and asylum cases.
They also apply differently — with the State Department handling refugee admissions and the Department of Homeland Security and Department of Justice handling asylum claims. The interviewers who conduct screenings, however, can be deployed to handle either kind of interview.
But immigration hardliners and the administration have sought to curtail to the growing number of asylum claims each year, driven in large part by immigrants arriving at the southern border.
The number announced Monday reflects a compromise between hardliners in the Trump administration, such as Stephen Miller, who favored capping the ceiling at 20,000, and Pompeo, national security adviser John Bolton and US ambassador to the UN Nikki Haley, who argued to keep it at 45,000, according to several senior administration officials.
Miller personally has lobbied Cabinet officials to support the President’s desires to focus on border security, officials told CNN, and the issue was discussed at a secret Principals Committee meeting on Friday.
Hundreds of thousands of asylum applications are pending between the immigration courts, run by the Department of Justice, and applications to US Citizenship and Immigration Services, run by the Department of Homeland Security.
Depending on how a person is applying for asylum, and where in the process the application is, the case could be pending before either body.

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“A Horrible Day For The Future Of America” [You Betcha!]

https://www.washingtonpost.com/outlook/2018/09/18/its-great-day-restricting-access-america-horrible-day-future-america/?utm_term=.3c8a5b9bce55

Here’s what Professor Daniel W. Drezner of Tufts University had to say about the latest racist scam from the White Nationalist Administration:

There was never much coherence to Donald Trump’s foreign policy statements as a candidate, but there was a theme: The rest of the world is dangerous, and the United States needs to be walled off from it. In some cases, that meant Trump preferred a literal wall. In other instances, the walls have been more figurative but with real consequences, in the form of visa restrictions and trade barriers and whatnot.

On Monday, the Trump administration raised those walls higher.

The first move came on trade. Trump made his beliefs on this subject well-known early in the morning, tweeting: “Tariffs have put the U.S. in a very strong bargaining position, with Billions of Dollars, and Jobs, flowing into our Country – and yet cost increases have thus far been almost unnoticeable. If countries will not make fair deals with us, they will be ‘Tariffed!’” In the real world, the effects of tariffs have hurt some American sectors very badly, there have been no appreciable concessions from other countries, and it is far from obvious that this administration knows what it is doing in this area.

. . . .

What is truly impressive, however, is that this was not the dumbest and most embarrassing move made by the Trump administration on Monday. No, that honor must go to Secretary of State Mike Pompeo, whose announcement demonstrated exactly how little swagger he possessed within the administration:

The United States will admit no more than 30,000 refugees in the coming fiscal year, Secretary of State Mike Pompeo said Monday, the lowest number in decades and a steep cut from the 45,000 allowed in this year.

The new number is a small fraction of one percentage point of the almost 69 million displaced people in the world today. But Pompeo said the United States remains the most generous nation when other U.S. aid to refugees is taken into account, including funds to shelter and feed refugees in camps closer to their home countries.

Pompeo said the lower cap should not be the “sole barometer” of American humanitarian measures, but “must be considered in the context of the many other forms of protection and assistance offered by the United States.”

You know what’s a sign that you know you are announcing a dumb move? Explaining that it is not the “sole barometer” of something and then leaving the podium without taking any questions. There is no way in which the optics of reducing refugee acceptance (except if you’re European) makes the United States look like the leader of the free world.

This announcement accomplishes nothing beyond making Stephen Miller happy. The time to cut back on refugee admissions is not the moment when the number of refugees is hitting an all-time high. There is zero swagger in this play. All it will do is continue to eviscerate the last remaining tendrils of U.S. soft power.

Donald Trump is the president, and as currently constituted, neither Congress nor the courts are able or willing to constrain his moves in this area. Heck, Trump is so unconcerned about legislative constraints that Pompeo announced the refugee restrictions without consulting Congress at all, as he is obligated to do by law. It is worth pointing out, however, that these moves are unpopular with the American people, rest on bad economics, and will foster anger and backlash across the rest of the world.

So, in other words, yesterday was a normal day in the life of the Trump administration.

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Cruelty, stupidity, inhumanity, ignorance, bigotry, lies, false narratives, White Nationalism, overt racism — ah, it’s just another “day at the office” for the Trumpsters.

If you’re tired of these noxious fools ruining our country and destroying our position in the world, get out the vote to throw the GOP out this Fall. Otherwise, we might all be living in the “Third World” of a “Banana Republic” pretty soon!

PWS

09-18-18

 

GONZO’S WORLD: A WALL UNTO HIMSELF – SESSIONS’S RACIST-INSPIRED WHITE NATIONALIST RE-WRITING OF ASYLUM LAW IS AN ABOMINATION THAT ENDANGERS THE VERY INDIVIDUALS THE LAW WAS DESIGNED TO PROTECT – The GOP Congress Has Shown No Interest In Restoring Order — Will The Article IIIs Step In To Stop Him Before It’s Too Late For Our Country! — “The Trump administration has systematically dismantled the right to seek asylum and turned the process at our southern border into a dystopian gauntlet that few can survive.”

https://thehill.com/opinion/immigration/406734-trump-doesnt-need-a-wall-he-has-jeff-sessions

Professor Lauren Gilbert writes in The Hill:

The Trump administration has systematically dismantled the right to seek asylum and turned the process at our southern border into a dystopian gauntlet that few can survive.

This became crystal-clear on Monday when Attorney General Jeff Sessions addressed a new class of 44 immigration judges. He stated that their job was to “keep our federal laws functioning effectively, fairly and efficiently” and that they were critical to the Department of Justice “carr[ying] out its responsibilities under the INA.” Sessions described the actions of immigration lawyers as “water seeping through an earthen dam to get around the plain words of the INA.”

This is ironic, because Sessions’s “zero tolerance” policy and his rewriting of asylum law are at odds with protections afforded asylum seekers under the Immigration and Nationality Act (INA).

I have witnessed personally this administration’s disregard for the rights and human dignity of asylum seekers. Earlier this summer, I took a team of law students and trauma specialists to the Karnes family detention center in Texas, where we worked alongside RAICES, the immigration nonprofit on the front lines in representing asylum seekers in family detention. We arrived on July 28, two days after the court deadline for reunification of separated families, and got a call from RAICES stating that they urgently needed us the next day to meet with dozens of fathers and sons who had just been reunited. Just before we arrived, the women and children previously detained at Karnes were bussed to the Dilley Detention Center in Texas to make room for fathers and sons.

ICE planned to “comply” with the court order, reunify families, and then swiftly deport them.  The judge had issued a stay of removal, but RAICES feared that he was about to lift it. So we spent that first Sunday meeting with over 200 fathers and sons, ages 5-17, to sort out where they were in the process and to advise them of their rights.

Over the next days, we took their statements, and a picture of what they had suffered emerged. Many described their separation — usually within hours, often without a chance to say goodbye. Parents who had crossed without authorization were prosecuted for illegal entry. Most pled guilty on advice of their public defenders. After completing brief sentences, parents were transferred to detention centers where ICE gave them a “choice”: accept deportation and we’ll let you see your kid, or fight your case and you will remain separated.

Many of the fathers we saw had agreed to deportation. Others asked for asylum and had credible fear interviews. Parents described, in heart-wrenching detail, these interviews, many by phone without either asylum officer or interpreter physically present. They spoke of being unable to think straight, not understanding the officer’s questions, their hearts and heads pounding, losing their train of thought when the interpreter interrupted to make them slow down, not being able to tell their stories because their hearts were breaking. Under such circumstances, most were denied.

Jeff Sessions has moved quickly to impose his anti-immigrant agenda, well-aware that his time may be limited. The INA grants the attorney general broad powers. Although used sparingly in the past, regulations permit him to overturn a decision of the Board of Immigration Appeals (“BIA”) by certifying it to himself.

This year alone Sessions has overturned four such decisions.  In June, in Matter of A-B-, he vacated a 2014 precedent decision recognizing that domestic violence may be a basis for asylum and signaled that most gang-based asylum claims would similarly fail. This Monday, he claimed that his decision “restores the way the law initially was enforced for decades” and that it was the immigration judges’ duty to carry it out. In fact, he is turning the clock back over 20 years, disregarding important advances in asylum protection.

Yet despite Jeff Sessions’s claims that he is restoring “the original intent and purpose of the INA,” many of these policies are at odds with its plain language. INA § 208(a)(1) states that “Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival . . . ), … may apply for asylum.” This means that asylum seekers have a right to request asylum at the border or in the United States, regardless of how or where they enter.

Sessions claims that the American people believe “that persons who want to come here should file their claims and wait their turn.” Asylum seekers, however, can only apply for asylum at the border or within the United States. There is no asylum visa. They cannot “wait their turn” and apply in their home countries. The U.N. Refugee Convention prohibits contracting states from imposing “penalties, on account of their illegal entry or presence, on refugees” who present themselves without delay to the authorities. It is the Justice Department’s “zero tolerance” policy that violates the plain language of the INA.

The 1980 Refugee Act codified our international obligations and created procedures for seeking asylum. In 1996, amendments to the INA created expedited removal for migrants without proper documents, but provided an escape valve for asylum-seekers, who got a credible fear interview before an asylum officer and, if they failed their CFIs, a brief review before an immigration judge. Congress intended this to be a low threshold to screen out baseless claims. Those who pass are placed into regular proceedings.

The Trump administration, however, is rewriting U.S. asylum law and revamping the credible fear process to prevent most Central Americans from escaping expedited removal. Sessions claims that credible fear reviews have “skyrocketed’ and that many asylum seekers are taking advantage of the process by “saying a few simple words – claiming a fear of return.” These screenings, however, are part of U.S. law. Faithfully executing the laws means following all U.S. law, not just those provisions that further the administration’s restrictionist agenda.

Lauren Gilbert, Esq., is professor of law at St. Thomas University School of Law, where she teaches immigration law, family law and constitutional law. 

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Depressingly accurate account of how Jeff Sessions is being allowed to destroy the American Justice system. Yes, “Faithfully executing the laws means following all U.S. law, not just those provisions that further the administration’s restrictionist agenda.” So is insuring that U.S. Immigration Courts are fair and impartial and perform their sole function of “guaranteeing fairness and Due Process for all.” That means regardless of whether the results please the President, his “base,” or anyone else in the Administration. That’s what Due Process is all about.

But, the system can’t be saved until Sessions and the DOJ are removed from control and Congress creates an independent U.S. Immigration Court. Until then, the “dystopian gauntlet” created by Sessions will continue to threaten to bring down our entire U.S. Justice system and betray our national values.

We need regime change!

PWS

09-17-18

 

ABA PRESIDENT BOB CARLSON MAKES STRONG STATEMENT RECOGNIZING ESSENTIAL ROLE OF ATTORNEYS IN IMMIGRATOIN PROCESS, REBUTTING SESSIONS’S FALSE ATTACKS, AND ENDORSING AN ARTICLE I COURT!

Statement of ABA President Bob Carlson
Re: Immigration lawyers and judges

WASHINGTON, Sept. 11, 2018 — The American Bar Association applauds the work of lawyers who help assure fairness and due process in our nation’s immigration courts. During a visit last month to the border in Texas, I was very impressed by their hard work in difficult circumstances. Our Constitution guarantees certain rights to all people in the United States, including men, women and children who come here to escape lawlessness and violence in their home countries.

The ABA strongly supports the independence of immigration judges and immigration courts. These courts should not be subordinate to any executive branch agency, including the Justice Department. Instead, we support the creation of truly independent immigration courts and judges under Article I of the U.S. Constitution. Such an arrangement would remove any perception that politics can play a role in dispensing justice with matters of immigration.

Our American democracy rests upon the rule of law – and the rule of law rests upon the work of impartial, independent judges, as well as knowledgeable, hard-working lawyers, including immigration attorneys who pursue justice, both for the government and for immigrants who seek asylum.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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

Thanks to my good friend and colleague Judge Joan Churchill for alerting me to this item. Joan has been doing some great work in behalf of the Article I Immigration Court through the Immigration Committee of the ABA’s National Conference of the Administrative Law Judiciary. I just joined that Committee at her urging, and encourage all of my colleagues — retired and active — to do the same. Let Joan or me know if you would like information on how to join.

PWS

09-17-17

THE HILL: NOLAN COMMENTS ON THE ADMINISTRATION’S FAMILY DETENTION PROPOSAL

http://thehill.com/opinion/immigration/406656-trump-moves-to-detain-immigrant-children-with-their-parents

 

Family Pictures

Nolan writes:

. . . .

Proposed regulation

On Sept. 7, the Trump administration filed a proposed rule to establish final regulations that would replace the Settlement Agreement.

According to DHS, the proposed regulations would implement the relevant, substantive terms of the Settlement Agreement with minor revisions to accommodate changed circumstances, and to implement closely-related provisions in the Homeland Security Act of 2002, and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.

The main benefit would be the creation of a federal licensing scheme for additional Family Residential Centers that would provide care for alien minors and their parents.

According to the American Immigration Council, “shifting the licensing and oversight of facilities that hold children to DHS is profoundly problematic, given the lack of expertise the department has in child welfare and its poor track record on oversight of adult facilities.”

Maybe, but if a challenge to the regulation goes to court, the main issue is likely to be whether administration officials can bypass an explicit statutory provision requiring mandatory detention in expedited removal proceedings with a settlement agreement.

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Go on over to The Hill at the link to read the rest of Nolan’s article which contains summaries of the Flores settlement and the expedited removal process.

PWS

09-17-18

IMMIGRATION COURTS: MISSION FAILURE! – PROPOSED SETTLEMENT AGREEMENT GIVES A GLIMPSE OF HOW SOME U.S. IMMIGRATION JUDGES ABANDONED THEIR OATH TO UPHOLD CONSTITUTIONAL DUE PROCESS & “RUBBER STAMPED” DENIALS FOLLOWING SHOCKINGLY UNFAIR “REVIEW” PROCESS – “Exhibit A” In Why The Current Bogus Credible Fear Process As Manipulated By Sessions Needs Meaningful Review By Article III Judges! – A “Dependent Judiciary” Just Can’t Be Trusted To Do The Job In The “Age of Trump & Sessions!”

https://www.nytimes.com/2018/09/13/us/family-separation-asylum-settlement.html?action=click&module=Top%20Stories&pgtype=Homepage

Caitlin Dickerson reports for the NY Times:

. . . .

Mr. Sandoval-Moshenberg, who represented the plaintiffs, said that many parents were evaluated for “credible fear” after having their children removed, but before they were told where the children had been taken. He said his team submitted evidence showing that, during the interviews, the parents were “out of their minds with trauma, focused solely on the well-being and the whereabouts of their kids.”

In one piece of evidence included in the case, a recording of an immigration judge questioning a mother about her asylum claim, the mother can be heard crying too hard to answer the judge’s questions and says that she feels sick, Mr. Sandoval-Moshenberg said. After a few minutes, he said, the judge affirms an asylum officer’s finding that the woman’s fear of returning to her home country is not credible and asks that she be taken to see a doctor.

. . . .

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Read Caitlin’s full article concerning the recent proposed settlement at the above link.

Obvious question: Why would somebody like Jeff Sessions be given authority over a “court system” that is supposed to insure Due Process for asylum applicants? That’s even worse than having the fox guard the henhouse! The results are as horrible and unlawful as they are predictable.

PWS

09-14-18

 

 

GONZO’S WORLD: INSIDE APOCALYPTO’S “NEW AMERICAN GULAG” – AS “KIDDIE DETENTION” HITS NEW HEIGHTS, THE CRUELTY, DISDAIN FOR HUMAN DIGNITY, AND DAMAGE TO MIGRANTS AND OUR NATIONAL PSYCHE IS UNRELENTING – Yet, America’s Most Notorious & Unapologetic Human Rights Violator Walks Free!

https://www.theguardian.com/us-news/2018/sep/12/us-immigration-detention-facilities?CMP=Share_iOSApp_Other

From The Guardian:

After harrowing journeys to the US, new arrivals are held in overcrowded and unhygienic conditions, dozens of interviews reveal

A June photo released by US Customs and Border Protection (CBP) shows undocumented people at the central processing center in McAllen, Texas.
A June photo released by US Customs and Border Protection (CBP) shows undocumented people at the central processing center in McAllen, Texas. Photograph: Handout/US Customs and Border Protection/AFP/Getty Images

All day and night they listened to the wailing of hungry children.

Here, in a freezing immigration detention facility somewhere in the Rio Grande valley of south Texas, adults and children alike were fainting from dehydration and lack of food.

Sleep was almost impossible; the lights were left on, they had just a thin metallic sheet to protect against the cold and there was nothing to lie down on but the hard floor.

This is the account of Rafael and Kimberly Martinez, who, with their three-year-old daughter, had made the dangerous trek from their home on the Caribbean coast of Honduras to the US border to ask for political asylum.

“The conditions were horrible, everything was filthy and there was no air circulating,” Kimberly Martinez told the Guardian of the five days the family spent cooped up in one facility they – like tens of thousands before them – referred to as “la hielera”: the icebox. Her husband added: “It’s as though they wanted to drain every positive feeling out of us.”

They knew, from following the news, that their ordeal of escaping gang violence back home and trekking across desert terrain at the height of summer would not end when they reached the United States.

What they did not expect, though, were days of hunger, separation and verbal abuse that they said they endured at the hands of federal immigration officials.

‘Caged up like animals’

All they were given to eat, they said, were half-frozen bologna sandwiches, served at 10 in the morning, five in the afternoon and two in the morning, and single sugar cookies for their daughter. What water they were given had a strong chlorine taste – a common complaint – and upset their stomachs.

The Martinezes (not their real name) were among dozens of asylum-seekers the Guardian interviewed in the border city of McAllen recently after they secured their provisional release from federal custody – with black electronic monitors fastened tightly around their ankles – and just before they continued their journeys by bus to the homes of US-based sponsors to await court hearings on their statuses.

The Guardian sat in with a team of volunteer doctors and nurses administering emergency medical care and listened as family after family gave jarringly consistent accounts of what they described as grim conditions in a variety of border detention facilities – conditions that have grown only grimmer since the advent of Donald Trump’s “zero tolerance” immigration policies.

Activists in Los Angeles protest Donald Trump’s immigration policies, 30 June.
Pinterest
Activists in Los Angeles protest Donald Trump’s immigration policies, 30 June. Photograph: Mike Nelson/EPA

Officials said the allegations made by families about their experiences in detention did not equate with what they knew to be common practice and they insisted detainees were treated with dignity and respect.

The “hieleras”, or iceboxes, asylum-seekers said, were overcrowded, unhygienic, and prone to outbreaks of vomiting, diarrhea, respiratory infections and other communicable diseases. Many complained about the cruelty of guards, who they said would yell at children, taunt detainees with promises of food that never materialized and kick people who did not wake up when they were expected to.

At regular intervals, day and night, the Martinezes, and many others, said guards would come banging on the walls and doors and demand that they present themselves for roll call.

If they talked too loudly, or if children were crying, the guards would threaten to turn the air temperature down further. When the Martinezes gathered with fellow detainees to sing hymns and lift their spirits a little, the guards would taunt them, or ask aggressively: “Why did you bother coming here? Why didn’t you stay in your country?”

“Many of these agents were Latinos, like us, but they were people without morals,” Rafael Martinez said, his voice choking with tears. “There we were, caged up like animals, and they were laughing at us.”

. . . .

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Read the rest of Gumbel’s shocking, disturbing, and downright infuriating report at the above link. If any other country treated vulnerable individuals seeking to exercise their legal rights to claim refuge under the Geneva Convention in this way we would call it just what it is — extreme cruel and inhuman treatment amounting to torture. Yet, somehow, the architects of this abhorrent, racist, wasteful, and dehumanizing system — Trump, Sessions, Miller, Nielsen, and others — remain free and largely unaccountable.

They even have the absolute audacity to whine and complain when Federal Courts occasionally call them out for their gross contempt for the law and Constitution and force them to take corrective action — which they do grudgingly, disrespectfully, without apology, and ineffectively.

Just today, “Gonzo Apocalypto” was sputtering about Federal Courts issuing nationwide injunctions against some of his corrupt, illegal, unconstitutional, and immoral practices. What a totally disingenuous jerk! I don’t remember Ol’ Gonzo complaining when a single Federal Judge in Texas, Judge Hanen, tanked Obama’s “DAPA” program that would have helped hundreds of thousands of deserving parents of US citizens and green card holders (and also helped reduce the Immigration Court backlog). Heck, Gonzo even tried to use that decision as the bogus justification for terminating DACA, a step that even Judge Hanen is not very anxious to take. Unlike Gonzo, Judge Hanen at least understands that DACA individuals have substantial equities in the United States that Congress would be wise to recognize through legislation.

Undoubtedly, there is a need for some detention of dangerous individuals or some so-called “flight risks” pending the completion of immigration proceedings. But, it is only a minuscule fraction of the number now being unnecessarily and wastefully detained.

And, there is seldom any reason whatsoever for detaining women and children who have passed the credible fear process and seek asylum. Work with the private bar to get them represented, help them understand the system, including their obligations to appear at court and when summoned by DHS, and work with the U.S. Immigration Judges, the private bar, and the DHS Offices of Chief Counsel to get these cases scheduled in a reasonable manner.

For every case that DHS seeks “priority processing,” they should be required to offer prosecutorial discretion or “PD” to a “lower priority” case. That would eliminate the current Government practice of “Aimless Docket Reshuffling” (“ADR”), keep the court backlogs from growing out of control, and insure timely and fair processing of recent arrivals. The DHS would also be “incentivized” to agree or stipulate to well-documented, clearly grantable asylum cases, as they are supposed to do. That’s how the system could and should work pending enactment of more comprehensive immigration reform.

Additionally, individuals who satisfy “credible fear” should be offered an opportunity to apply first to the USCIS Asylum Office, before the case is sent to Immigration Court, since that office would already have a “preliminary workup” of the case.

There are lots of ways of improving this system and making it work better for the asylum applicants, their lawyers, and the DHS. But, they aren’t going to happen as long as irresponsible, biased, ethically and morally challenged  “White Nationalist” officials such as Trump, Sessions, & Nielsen are in charge.

PWS

09-13-18

FUELED BY “STAR-POWER,” THE IMMIGRANT DEFENDERS LAW CENTER IS PART OF THE “WESTERN DIVISION OF THE NEW DUE PROCESS ARMY” — “I have seen how a mother will do anything she can to keep her family safe, even if it means fleeing the only life she has ever known to face an administration that jeers at her arrival and seeks to detain and rapidly deport her without due process.”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=896f9700-4c71-4042-a725-c650a1fcbd24

Kristina Davis reports for the Diego Union-Tribune.

SAN DIEGO — Identifying herself as only Wendy B., the teenager described escaping a childhood of sexual and physical abuse at the hands of caretakers in her homeland of El Salvador, only to enter a complicated legal system in the U.S. that she could not comprehend.

She was like most in the U.S. immigration system: She could not afford legal representation, so she had none.

“I remember how scared I was when I first arrived in the United States. I remember not understanding anything,” the girl said. “I remember being given documents and papers in English. People asked me to sign things, but I had no idea what they were.

“I had experienced so many terrible things already, and then I was being put into a situation that was so complicated that I felt hopeless.”

Wendy described what happened next as luck. The Immigrant Defenders Law Center took on her asylum case, which is still pending. Now she is attending high school in Southern California, with dreams of becoming a neurologist. Her hope has been restored.

“There is no way I could have fought my case without a lawyer,” she said. “It’s impossible.”

As Wendy recounted her experience Wednesday on the steps of downtown San Diego’s Civic Center Plaza, she had some high-profile support behind her: actress and activist Alyssa Milano.

The two were joined by immigrant advocates to draw attention to the reality that few migrants are represented by attorneys in immigration proceedings.

Unlike the criminal legal system, which provides defense no matter the ability to pay, the civil immigration legal system does not afford that right. Numerous nonprofit organizations and pro-bono efforts work to fill the gap, but their efforts are nowhere near enough to provide representation for everyone.

Of the migrants detained at the Otay Mesa Detention Center, 70% to 80% have no legal representation, said Monika Langarica, senior staff attorney at the American Bar Assn.’s Immigration Justice Project.

At the news conference, Milano announced the launch of a fund that will expand such efforts. The SAFE Families Fund will bolster the Vera Institute of Justice’s program to provide legal services to immigrants facing deportation who can’t afford attorneys.

“To truly keep families together, safe and protected, we need to guarantee due process and a fair day in court,” Milano said. “Access to legal counsel is a bedrock American value and is considered a fundamental right for American citizens, but is not currently guaranteed by law for everyone living in this country.”

Milano, who gained fame in the 1980s as a child on the TV sitcom “Who’s the Boss?” has been an outspoken voice on several social causes, from abortion rights to gun control to sexual harassment. It was her tweet that sparked the #MeToo movement, encouraging women to come forward with their experiences of being harassed or abused.

She said she has seen firsthand the violence and poverty forcing families to seek asylum in the U.S., serving as a UNICEF goodwill ambassador for 15 years.

“I have seen the tragic violence and appalling conditions that often make remaining in one’s home country impossible,” Milano said. “I have seen how a mother will do anything she can to keep her family safe, even if it means fleeing the only life she has ever known to face an administration that jeers at her arrival and seeks to detain and rapidly deport her without due process.”

Since 2003, the Department of Justice has funded a legal-orientation program in detention centers that provides basic guidance on how the system works. About 53,000 people participated in the orientation sessions last year — more than 3,500 of them at the Otay Mesa facility.

The goal was to improve efficiency in the immigration courts, which are dealing with a backlog of about 746,000 cases nationwide.

“Experience has shown that the [legal-orientation program] has had positive effects on the immigration court process,” the Justice Department website says about the program, which costs $8 million annually and is run by the New York-based Vera Institute of Justice.

The Trump administration threatened in April to suspend the program while the agency investigated its effectiveness. But the decision received pushback from Congress, and the program has been allowed to continue.

The first phase of the Justice Department’s study of the program, released last week, found that the legal orientations resulted in longer court proceedings and thus longer detention for participants. But those in the program were more likely to be allowed to remain in the U.S.

kristina.davis@sduniontribune.com

Davis writes for the San Diego Union-Tribune.

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With lawyers, many asylum applicants from the Northern Triangle have a decent chance of qualifying for asylum. It’s no longer “like shooting fish in a barrel.” No wonder that Jeff “Gonzo Apocalypto” Sessions tries so hard to deny vulnerable individuals the services of counsel, the right to a fair hearing, and summarily remove them to possible death or other serious harm without Due Process. Jeff Sessions and the White Nationalists are the problem; lawyers like the Immigrant Defenders Law Center are the solution.

PWS

09-13-18