🏴‍☠️ TRUMP, MILLER, & SESSIONS ARE GONE! — BUT, FIVE YEARS LATER, THE PAIN & SUFFERING FROM THEIR CRUEL, UNCONSTITUTIONAL “CHILD SEPARATION” POLICY CONTINUES — Miriam Jordan Reports For The NYT!

Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license
Miriam Jordan
Miriam Jordan, National Immigration Reporter, NY Times

https://www.nytimes.com/2023/04/11/us/migrant-family-separations-citizens.html?smid=nytcore-ios-share&referringSource=articleShare

Miriam Jordan @ NYT:

April 11, 2023

6 MIN READ

LOS ANGELES — The Trump administration intentionally separated thousands of migrant children from their parents at the southern border in the spring of 2018, an aggressive attempt to discourage family crossings that caused lasting trauma and drew widespread condemnation.

What is only now becoming clear, however, is that a significant number of U.S. citizen children were also removed from their parents under the so-called zero tolerance policy, in which migrant parents were criminally prosecuted and jailed for crossing the border without authorization.

Hundreds, and possibly as many as 1,000, children born to immigrant parents in the United States were removed from them at the border, according to lawyers and immigrant advocates who are working with the government to find the families.

In many cases, the U.S.-born children were placed into foster care for lengthy periods, and some have yet to be reunited with their parents, lost in the system nearly five years after the separations took place.

. . . .

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

Read Miriam’s full article at the link.

Notably, no accountability for public officials who intentionally violate human rights!

🇺🇸 Due Process Forever!

PWS

04-12-23

🤮👎🏼 AMERICA’S WORST FEDERAL JUDGE ALL TOO FAMILIAR TO IMMIGRATION/HUMAN RIGHTS EXPERTS — Even Before Targeting Women’s Reproductive Rights, U.S. District Judge Matthew Kacsmaryk Was An Anathema To Human Rights & Racial Justice!

Trump Judges
Trump Federal Judges Tilt Against Democracy
Republished under license

 

Ruth Marcus
Washington Post Columnist Ruth Marcus, moderates a panel discussion about chronic poverty with Education Secretary John B. King (blue tie) and Agriculture Secretary Tom Vilsack (striped tie), during the National Association of Counties (NACo), at the Washington Marriott Wardman Park, in Washington, DC, on Tuesday, Feb. 23, 2016. U.S. Department of Agriculture photo by Lance Cheung.

https://www.washingtonpost.com/opinions/2023/04/08/abortion-pill-worst-judge-kacsmaryk/

From WashPost:

Opinion by Ruth Marcus

April 8, 2023 at 5:11 p.m. ET

Congratulations are in order for Judge Matthew Kacsmaryk. The competition is fierce and will remain so, but for now he holds the title: worst federal judge in America.

Not simply for the poor quality of his judicial reasoning, although more, much more, on this in a bit. What really distinguishes Kacsmaryk is the loaded content of his rhetoric — not the language of a sober-minded, impartial jurist but of a zealot, committed more to promoting a cause than applying the law.

Kacsmaryk is the Texas-based judge handpicked by antiabortion advocates — he is the sole jurist who sits in the Amarillo division of the Northern District of Texas — to hear their challenge to the legality of abortion medication.

And so he did, ruling exactly as expected. In an opinion released Friday, Kacsmaryk invalidated the Food and Drug Administration’s 23-year-old approval of the abortion drug mifepristone and, for good measure, found that abortion medications cannot be sent by mail or other delivery service under the terms of an 1873 anti-vice law.

Even in states where abortion remains legal. Even though study after study has shown the drug to be safe and effective — far safer, for instance, than over-the-counter Tylenol. Even though — or perhaps precisely because — more than half of abortions in the United States today are performed with abortion medication.

My fury here is not because I fear that Kacsmaryk’s ruling will stand. I don’t think it will, not even with this Supreme Court. Indeed, another federal district judge — just hours after Kacsmaryk’s Good Friday ruling — issued a competing order, instructing the FDA to maintain the existing rules making mifepristone available. Even Kacsmaryk put his ruling on hold for a week; the Justice Department has already filed a notice of appeal; and the dispute is hurtling its way to the Supreme Court. (Nice work getting yourselves out of the business of deciding abortion cases, your honors.)

No, my beef is with ideologues in robes. That Kacsmaryk fits the description is no surprise. Before being nominated to the federal bench by President Donald Trump in 2017, Kacsmaryk served as deputy general counsel at the conservative First Liberty Institute. He argued against same-sex marriage, civil rights protections for gay and transgender individuals, the contraceptive mandate and, of course, Roe v. Wade.

. . . .

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

“Ideologues in robes!” That’s also a good description of many of the judges appointed by Sessions and Barr to the U.S. Immigration Courts. While there have been a few improvements in the appointment process, the Biden Administration has not effectively addressed the serious institutional dysfunction and anti-immigrant bias at EOIR. 

And, let’s remember, EOIR is a “court system” affecting millions of lives and futures that is 100% controlled by the Administration. If this Administration is unwilling or unable to embrace and advance progressive values in a court system they own, how are they going to address other issues of justice, gender, and racial,equity in America?

Indeed, this tone-deaf Administration is now at war with more than 33,000 progressive groups and experts about their scofflaw “death to asylum seekers” regulations. The Administration’s immoral, impractical, and illegal proposal to send up to 30,000 legal asylum seekers to Mexico without due process or fair consideration of their claims for legal protection basically replicates, and in some ways goes even beyond, Kacsmaryk‘s endorsement of the discredited and proven to be deadly “Remain in Mexico” program instituted by Trump and Miller. See, e.g., https://immigrationcourtside.com/wp-admin/post.php?post=26734&action=edit.

🇺🇸 Due Process Forever!

PWS

🇺🇸⚖️🗽👍🏼 TWO RECENT UNHERALDED CASES SHOW HOW DUE PROCESS & FUNDAMENTAL FAIRNESS CAN BE “INSTITUTIONALIZED” @ EOIR — Kudos To Filipe Alexandre ESQ & Professor Elizabeth Jordan

 

NDPA stalwart Felipe Alexandre reports on LinkedIn:

Felipe Alexandre
Felipe Alexandre ESQ
Immigration Attorney
Rowland Heights, CA
PHOTO: Linkedin

Felipe Alexandre (艾飛力)

View Felipe Alexandre (艾飛力)’s profile

• 1st

U.S. Immigration Attorney-美国移民和人权律师

2d • 

On Friday we had a challenging issue with our Asylum case in immigration court.

The case was heavily documented and our NYC team did such an amazing job with the package that DHS was already willing to stipulate to a Withholding of Removal (which actually requires proving a higher probability of persecution than asylum, but is a much more restrictive form of relief). Client is a bona fide Falun Gong practitioner and has publicly opposed the Chinese government’s vicious and ruthless persecution of FLG followers in China, so it was a victory on its merits just from looking at the filing and before taking testimony.

However, the reason the government would not stipulate to Asylum is because there was a one year issue in the case. Normally, clients are required to apply for asylum within one year of their last entry into the United States, unless they can prove they qualify for one of the exceptions in the statute.

This was an unfortunate case where USCIS lost the filing and by the time client found out about this, she was so mentally distraught with the persecution of her family back home that she simply could not muster the necessary focus to work on the application. Her symptoms persisted for two years until after her family was released and she finally was able to file.

We showed several receipts, USPS labels, brought a witness who was aware of the challenges client was facing at the time, and took detailed testimony where client explained the mental anguish she was suffering at the time and how this affected her ability to focus.

Asylum granted Baby!

I love this TEAM!

 #immigration #team #asylum #falungong #chinahumanrights

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

Dan Kowalski reports for LexisNexis Immigration Community:

Elizabeth Jordan ESQUIRE
Elizabeth Jordan Esquire
Director, Immigration Detention Accountability Project (IDAP)

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/denver-ij-grants-cat-withholding-relief-el-salvador-psg

Denver IJ Grants CAT, Withholding Relief (El Salvador, PSG)

Prof. Elizabeth Jordan writes: “DU clinic students Anni Winan and Sharon Malhotra got a win in Judge Caley’s courtroom a few weeks ago on behalf of a Salvadoran who fears return to El Salvador under the State of Emergency declared by President Bukele. Notably, Caley found “Salvadoran men with tattoos erroneously perceived to be gang members” cognizable as a PSG, departing from Matter of EAG, and found that the conditions in Salvadoran prisons under the SOE amount to torture. [ICE did NOT appeal.] We would highly recommend Dr. McNamara as an expert as well.”

[Hats way off to Prof. Jordan (Director, Immigration Law & Policy Clinic, University of Denver Sturm College of Law) and her students!]

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

Congrats to everyone involved! Fairness, scholarship, timeliness, respect, and teamwork succeeds!

Common threads:

  • Great representation of the respondent;
  • Great preparation;
  • A well-prepared, thoughtful ICE Assistant Chief Counsel committed to working for a fair, correct, result;
  • An Immigration Judge who inspired the parties to excellence, paid attention to the law and the issues, listened carefully, and allowed both counsel to do their jobs;
  • An Immigration Judge who encouraged the parties to work cooperatively, narrow the issues, and focus on the key dispositive issue;
  • Great teamwork and professionalism produced a great result, with efficiency, and without gimmicks or corner cutting.

What’s needed:

  • Precedents establishing, enforcing, and reinforcing due process and best practices;
  • Working with the private bar and NGOs to establish universal representation;
  • Prioritizing represented grantable cases on the docket;
  • Dynamic judicial leadership focused on institutionalizing due process, fundamental fairness, and correct, high-quality decisions;
  • Highest quality judicial training and continuing judicial education. (It exists out here in the “real world” with inspiring, effective, creative, problem-solving  “practical scholar/teachers.” But, according to EOIR sources, currently available only through the NAIJ!)

Due process, fundamental fairness, best practices, and maximum efficiency, consistent with due process, can be achieved at EOIR! It just takes expertise, will, a plan, and the right personnel to make it happen! Leadership makes a difference!

🇺🇸 Due Process Forever!

PWS

04-06-23

🇺🇸⚖️🗽 THE POLITICS OF SOCIAL JUSTICE: PROGRESSIVES WIN KEY RACES IN WISCONSIN & CHICAGO!😎 — Instead Of “Running Away” From The Humanitarian Values That Got Them Elected, Biden, Harris, & So-Called “Centrist Dems” Should Be Embracing The Practical, Universal Values Of Due Process, Fundamental Fairness, Equal Justice Under Law & The Human Dignity Of All!

Equal Justice
Equal Justice
FROM: United Nations, Creative Commons LIcense

From HuffPost:

Liberals Take Control Of Wisconsin Supreme Court

https://www.huffpost.com/entry/janet-protasiewicz-wins-wisconsin-supreme-court-race_n_642c7201e4b0ba5d603c81ed

Brandon Johnson, Progressive Union Organizer, Elected Mayor Of Chicago

https://www.huffpost.com/entry/brandon-johnson-elected-chicago-mayor_n_642caf1be4b0ba5d603cc31a

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

It’s also remarkable, if not surprising, that 33,000 of us, many representing larger groups, filed written comments OPPOSING Biden’s tone-deaf, anti-due-process, anti-rule-of-law, racially-targeted, designed-to-fail, Stephen-Miller-inspired “death to asylum (and asylum seekers)” proposed regulations!  https://default.salsalabs.org/Ta42828aa-7c89-4fca-a530-ab64d55d9cdf/e9c83407-de3b-4bcf-a318-704cbcd599a2. As someone who spent considerable time analyzing public comments on regulations during my career, that’s an astounding show of unified opposition.

Of course, that doesn’t mean that Biden, Harris, Garland, Mayorkas, or anyone else in the Administration will listen. But, they should! 

Unfortunately, the ridiculously short 30-day comment period and that this major reversal of the positions and values that Biden and Harris campaigned upon, without meaningful input and discussion with experts who actually understand the borders and have been present there, indicates that the the comments are likely to be largely ignored. That’s going to lead to big time litigation — from both progressives and GOP nativist/restrictionists. 

But, discouragingly, the Biden Administration has shown itself to be willing to tie up time and resources insanely (and not necessarily successfully) doing battle with its own would-be supporters rather than fighting the right! Just who they think is going to be the “winner” here — other than, perhaps, Donald Trump and Jim Crow  — is beyond me!

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism. Biden’s ill-advised and tone-deaf nativist asylum policies appear designed to appease this guy rather than to please those who actually voted for him and other Democratic candidates!

Instead of “running away” in the face of the GOP’s scurrilous “Anti-Woke Campaign:” targeting immigrants, the LGBTQ+ community, African Americans, Latinos, Asian Americans, Jews, Muslims, women’s reproductive rights, teachers, free speech, libraries, public education, medical science, the environment, social justice, the Federal Government, voting rights, unions, the working poor, and just about all “mainstream American” individual freedoms, the Biden Administration and Dems in general should stand up for what’s actually great about America and against the GOP’s vile, ignorant, hateful “culture warriors” and “Jim Crow racists and misogynists. Defending the legal rights and humanity of asylum seekers and other migrants would be a good place to start a real defense of American values and democracy! That is, if someone in power were really interested in those things!

🇺🇸 Due Process Forever!

PWS

04-05-23

⚖️🗽 INTERNATIONAL HUMAN RIGHTS EXPERTS PROFESSORS KAREN MUSALO & AUDREY MACKLIN LAMBASTE ADMINISTRATION’S EXPORT OF TRUMP’S CRUELTY TO THE NORTHERN BORDER! — LA TIMES —  “[M]ost tragically, they abandon principle and humanity, and set off a chain reaction that ends up returning refugees to persecution.“☠️⚰️

 

Karen Musalo
Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law
Professor Audrey Macklin
Professor Audrey Macklin
University of Toronto
Law Faculty
PHOTO: U of Toronto

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwici4Gv7YP-AhWXFFkFHd8TDXYQFnoECA4QAQ&url=https%3A%2F%2Fwww.latimes.com%2Fopinion%2Fstory%2F2023-03-29%2Fsafe-third-country-policy-at-canada-united-states-border-hurts-asylum-seekers&usg=AOvVaw0lGBjB9cBDdxHBiQnCQ5Zc

At almost 4,000 miles, the United States’ northern border is about twice as long as the U.S.-Mexico border — much of it wild, unmarked and dangerously cold for half the year. And yet, human smuggling and deaths at the U.S.-Canada border have not been a major phenomenon, as they have been down south. Nor has Canada poured billions of dollars into a network of walls, fences, robotic dogs and militarized border patrol. It is also true that historically the number of asylum seekers and migrants seeking entry to Canada has been relatively low.

But the ills of the U.S.-Mexico border seem bound to spread northward, now that Canada reached a deal with the Biden administration to expand a 2004 agreement to repel Canada-bound asylum seekers back to the United States (and vice versa).

As U.S. policies toward asylum seekers grew harsher from 2017 on, the number attempting to enter Canada increased. Instead of appealing to its southern neighbor to do better, Canada is coordinating with the U.S. to pass the buck on the legal obligation to protect refugees, which both countries undertook when they signed the Refugee Convention and Protocol more than 50 years ago. Their current approach foists responsibility onto poorer, less stable countries that are already doing more than their share.

Both the U.S. and Canada have pursued this under a “safe third country” rule, which enables a country to return asylum seekers to a nation they have passed through on their journey if it is considered safe and deemed to have a fair process for seeking protection. That “safe third country” then has the responsibility to determine their claims.

. . . .

This has been labeled a crisis, but it simply isn’t, especially when one considers that 85% of the world’s refugees are hosted in lower- and middle-income countries. Furthermore, Canada knows how to manage refugee inflows decently when it chooses to do so: Over 160,000 Ukrainian refugees have been welcomed during the past year.

. . . .

The Safe Third Country Agreement and related policies subvert the obligations to which Canada and the U.S. are subject under international refugee law. They undermine the existing global system of protection. But most tragically, they abandon principle and humanity, and set off a chain reaction that ends up returning refugees to persecution.

Karen Musalo is a law professor and the founding director of the Center for Gender and Refugee Studies at UC Law, San Francisco. Audrey Macklin is the director of the Centre for Criminology and Sociolegal Studies at the University of Toronto.

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

Read the complete op-ed at the link.

Predictably, bad things happen when the border is closed to legal asylum seekers! Illustrating the point made by Professors Macklin and Musalo, the bodies are already being found along the Northern border.  See, e.g., http://enewspaper.latimes.com/infinity/article_share.aspx?guid=071fc539-98b4-49fc-9656-26412f42e79b.

The obvious answer is to establish a fair, timely, generous asylum adjudication system at ports of entry and to dramatically increase the number of legal refugees who can come from countries in Latin America, particularly the Northern Triangle. If you build a functional legal refugee and asylum system refugees will use it.  Why wouldn’t they?

A legitimate refugee and asylum system results in permanent admission with permission to work that leads to green cards and, eventually, citizenship for those who choose the latter. It’s quite different from ad hoc, nationality and numerically limited use of discretionary “parole” stratus. Parole status lacks transparent criteria, does not necessarily prioritize refugees and asylees as the law requires, and most seriously has no “built in” path to permanent status. 

Consequently, “parolees” must either apply under a incredibly backlogged asylum system in the U.S. — thus guaranteeing delay and unnecessarily adding to the already monster backlog — or find themselves “in limbo” after two years and clearly becoming both a target and “political football” for restrictionists. And, there can be little doubt that even if the Biden parole program survives pending court challenges, it will immediately be terminated by any future GOP Administration.

Making the existing legal system work in a durable, fair, and properly generous manner to protect refugees is clearly the way to go! It would be hugely beneficial to both both the refugees and our nation! Why the Biden Administration insists on scofflaw “deterrence only” gimmicks that advance the racist/nativist agenda of the losers of the 2020 election is beyond me!

🇺🇸 ⚖️🗽 Due Process Forever!

PWS

04-02=3-23

⚖️ SEN COREY BOOKER (D- NJ) WENT TO THE BORDER TO CHECK OUT BIDEN ADMINISTRATION’S “CBP ONE APP!” — HE HATED WHAT HE FOUND! — “Inherently Discriminatory!”

Senator Cory Booker
U.S.Senator Cory Booker
D-NJ
PHOTO: Wikipedia
Rowaida Abdelaziz
Rowaida Abdelaziz
Immigration Reporter
PHOTO: Twitter

https://www.huffpost.com/entry/cory-booker-asylum-app-homeland-security_n_6422262de4b049e21e2dbf06

Rowaida Abdelaziz reports for HuffPost:

Sen. Cory Booker sent a letter to the heads of Homeland Security and Customs and Border Protection on Monday criticizing the newly rolled-out CBP One — a mobile application that allows asylum-seekers to secure an appointment with CBP to get through U.S. ports of entry.

“The United States is a beacon of hope for many around the world seeking safety and freedom. Unfortunately, migrants now have to contend with the CBP One app as the sole method to schedule asylum appointments, which has been plagued by technical problems since its introduction,” Booker told HuffPost in an emailed statement.

“We must ensure that our asylum process is just and equitable and protects those who are fleeing violence and persecution in a way that’s consistent with our nation’s most fundamental ideals,” he added.

. . . .

“Even if the CBP One app was as efficient, user friendly, fair, and inclusive as possible – which I hope one day it will be – it would still be inherently discriminatory,” reads Booker’s letter, noting the resources an individual must have to successfully navigate the application.

. . . .

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

Read the complete article, with a copy of Sen. Booker’s letter, at the link.

Advocates at the border have been raising problems about the apps’ poor performance and the totally inadequate number of appointments available. And, even with an appointment there’s no assurance that an individual will get a fair audience on their asylum claim. Indeed, based on the current lack of transparency and atrocious proposed regulations from the Biden Administration, unfair treatment is almost guaranteed!

Notably, the clueless Biden “policy officials” who come up with cruel gimmicks and foist defective technology on the border stay far away from having to confront the faces of the humanitarian disaster they have created. They neither have the guts to meet with nor solicit the advice of advocates, NGO workers, and dedicated volunteers who, unlike the Administration, are trying to save lives, preserve human dignity, and maintain some semblance of the rule of law at the border!

There is no excuse for the Biden Administration’s cosmically poor performance on humanitarian issues at the border. None! And, while Sen. Booker and some of his colleagues have pushed back against the Administration’s abusive approach to asylum, other Dems shamefully have just “run away” from the racially-charged, totally unnecessary, disregard for competence, expertise, and the rule of law at the border. 

Another problem: The absence of legal integrity from the DOJ, ironically led by former U.S. Judge Merrick Garland, who is unwilling to stand up for the rights of asylum seekers and equal justice for all at the border.

Exactly what do Dems stand for anyway? Apparently, not much, except what they believe (however incorrectly) is “politically expedient” at any particular moment in time!

🇺🇸 Due Process Forever!

PWS

05-26-23

🤯 WHAT’S THE FISCAL COST OF GARLAND’S UNDERPERFORMING EOIR? — In This Individual Case $56,169.79! — 5th Cir. Awards Attorneys’ Fees For IJ’s Baseless “Adverse Credibility Finding” & “Phantom Affirmance” By BIA!

Clown Parade
A.G. Merrick Garland’s continuing operation of the “EOIR Clown Show,” at taxpayer expense, is costly in more ways than one! “Any reason to deny” proves too much even for the hyper-conservative 5th Circuit! PHOTO: Public Domain

Dan Kowalski reports for LexisNexis Immigration Community: 

https://www.ca5.uscourts.gov/opinions/pub/19/19-60647-CV1.pdf

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca5-awards-eaja-fees-nkenglefac-v-garland#

CA5 Awards EAJA Fees: Nkenglefac v. Garland

“On May 18, 2022, this court granted Giscard Nkenglefac’s petition for review of the Board of Immigration Appeals’s (BIA) dismissal of petitioner’s appeal from the immigration judge’s (IJ) denial of his application for relief from removal. See Nkenglefac v. Garland, 34 F.4th 422, 430 (2022). Because the IJ’s adverse credibility determination was not supported by evidence in the record, we determined that the BIA erred in affirming it and remanded the case to the BIA. The petitioner filed a timely application for attorneys’ fees under the Equal Access to Justice Act (EAJA). We find that petitioner is entitled to attorneys’ fees under the EAJA and award $56,169.79.”

[Hats off to Homero Lopez, Jr. and paralegal Emma Morley!]

Homers Lopez, Jr.
Homero Lopez, Jr.
Director & Co-Founder
Immigration Services & Legal Advocacy
New Orleans, LA
PHOTO: ISLA website
Emma Morley
Emma Morley
Paralegal
Immigration Services & Legal Advocacy
New Orleans, LA
PHOTO: ISLA website

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

Wouldn’t it be cheaper and better for everyone if Garland finally “cleaned house” at EOIR, appointed and retained only well-qualified expert judges at both the trial and appellate level, replaced incompetent administrators, and ended the toxic — and costly — “any reason to deny culture” at EOIR? 

When the DOJ is being “pasted” on wrongful decisions denying asylum by the 5th Circuit, everyone but Garland knows that “the EOIR Clown Show has got to go!”🤡

Make no mistake about it! Garland’s failure to reform EOIR into a due-process-focused expert tribunal willing to stand up for the legal rights of asylum seekers and to require “best practices” with respect to access to representation at the border and elsewhere is a major contributing factor to the Biden Administration’s deadly humanitarian disaster and abrogation of the rule of law for asylum seekers at the Southern Border. It didn’t have to be this way!

Why is this “preventable disaster” happening under a Dem Administration that ran on an (apparently false) pledge to restore due process and the rule of law for asylum seekers and other migrants? How can we stop it and prevent it from happening again in the future?

I daresay that many humanitarian experts warned the Biden Administration that without fundamental positive changes, better, courageous, expert, inspirational leadership, and long-overdue administrative reforms at DOJ, DHS, and the White House, disasters would unfold across the board. That’s exactly what has happened! It’s also infecting the entire legal system and inhibiting social justice in America.

But , unless and until social justice advocates come up with a better political approach to the disturbing lack of integrity and values in both political parties when it comes to immigration, they will continue to be vilified and attacked by the GOP and “consistently kicked to the side of the road” by Dems!

I wish I knew the answer! I don’t! But, I do know that human rights and social justice disasters will continue to unfold unless and until social justice advocates figure out how to get some “political clout” behind their intellectual power and store of (largely ignored) great ideas! 

🇺🇸 Due Process Forever!

PWS

03-29-23

☠️⚰️ DEATH @ THE BORDER — FIRE IN MEXICAN MIGRANT DETENTION CENTER CLAIMS AT LEAST 39 LIVES!

Border Death
This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelaz. Neither the Biden Administration nor the GOP nativists they pathetically mimic want you to focus on the real human costs of their deadly, failed, anti-asylum, “deterrence only” policies.                       In order to comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

From NBC News:

https://nbcwashington.app.link/6RykrqHmxyb

A fire in a dormitory at a Mexican immigration detention center near the U.S. border left more than three dozen migrants dead, a government agency said Tuesday, in one of the deadliest incidents ever at an immigration lockup in the country.

Hours after the fire broke out late Monday, rows of bodies were laid out under shimmery silver sheets outside the facility in Ciudad Juarez, across from El Paso, Texas. Ambulances, firefighters and vans from the morgue swarmed the scene.

Thirty-nine people died and 29 were injured and are in “delicate-serious” condition, according to the National Immigration Institute. There were 68 men from Central and South America held in the facility at the time of the fire, the agency said.

It was the deadliest incident inside a Mexican immigration facility in recent memory. Authorities are investigating the cause of the fire and the governmental National Human Rights Commission had been called in to help the migrants.

The agency said that it “energetically rejects the actions that led to this tragedy” without any further explanation of what those actions might have been.

The country’s immigration lockups have seen protests and riots from time to time.

Mostly Venezuelan migrants rioted inside an immigration center in Tijuana in October that had to be controlled by police and National Guard troops. In November, dozens of migrants rioted in Mexico’s largest detention center in the southern city of Tapachula near the border with Guatemala. No one died in either incident.

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

Human rights experts, advocates, and international organizations have been predicting even more deadly tragedies like this will result if the Biden Administration’s tone-deaf and outrageous “death to asylum seekers regulations” go into effect. The Biden Administration has blown them off!

These are just the most “graphic deaths” resulting from years of ill-advised “deterrence” policies at the border and a continued deterioration of the legal refugee and asylum system. This preventable human rights disaster began under Obama, accelerated dramatically under Trump, and has continued its “death spiral” under the Biden Administration’s “active indifference” to human rights, racial justice, and the rule of law at the border. Significantly, incidents like this don’t account for the tragedies that occur when legal asylum seekers are illegally returned to torture, abuse, and death in home countries or Mexico without receiving any due process from U.S. officials. 

Apparently, the Biden Administration believes that “death in Mexico will stay in Mexico” and that bodies and bleached bones along desolate areas of the U.S. borders will continue to be “below the radar screen.” In their own way, Biden policy officials are every bit as cruel, intellectually dishonest, and unaccountable as those in the Trump kakistocracy. 

It doesn’t have to be this way! Why aren’t more Dems meaningfully challenging the Biden Administration’s adoption of horrible, deadly, hate-fueled “Stephen Miller border policies?” 

“Death to asylum regulations” also mean death to our fellow humans seeking legal protection from the U.S. How is this acceptable “strategic policy” for ANY administration, let alone a Dem one?

🇺🇸 Due Process Forever!

PWS

03-28-23

🤯🤮☠️ HOW “CRAZY BAD” IS BIDEN’S “DEATH TO ASYLUM SEEKERS” ⚰️ PROPOSAL? — USCIS ASYLUM OFFICERS SAY IT REQUIRES THEM TO VIOLATE THE CONSTITUTION! 🏴‍☠️ Why Is A Dem Administration Going “Full S. Miller Scofflaw” On Most Vulnerable? 🤬

Hamed Aleaziz
Hamed Aleaziz
Staff Writer
LA Times

Hamed Aleaziz reports for the LA Times:

https://www.latimes.com/world-nation/story/2023-03-27/biden-asylum-plan-break-law

President Biden’s plan to limit some migrants’ access to asylum could force federal asylum officers to break U.S. law, the union that represents asylum officers argued Monday in a formal filing opposing the proposal.

Enforcing Biden’s policy would violate asylum officers’ oath to carry out the immigration laws set out by Congress and “could make them complicit in violations of U.S. and international law,” attorneys for the American Federation of Government Employees Council 119 wrote in a comment submitted to the Department of Homeland Security. 

The same union regularly protested the Trump administration’s efforts to restrict asylum at the southern U.S. border, including by joining lawsuits that sought to block his policies. Its decision to oppose Biden’s asylum proposal is one indication of the plan’s similarities to Trump-era efforts.

“At their core, the measures that the Proposed Rule seeks to implement are inconsistent with the asylum law enacted by Congress, the treaties the United States has ratified, and our country’s moral fabric and longstanding tradition of providing safe haven to the persecuted,” the union argued. “Rather, it is draconian and represents the elevation of a single policy goal — reducing the number of migrants crossing the southwest border — over human life and our country’s commitment to refugees.”

. . . .

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

Stephen Miller Monster
Why is this guy still calling the policy shots in a Dem Administration? This is “nutsos!” Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

Much appreciation to the professional Asylum Officers for helping to lead the charge against these truly cruel, lawless, wasteful, dishonest, and damaging proposals! 

One reason that the Biden Administration’s approach to immigration, human rights, and racial justice has been so incredibly inept and counterproductive is that they aren’t paying attention to the views of experts already on the USG payroll (not to mention those in the private sector) before going public with “designed to fail, warmed over Stephen Miller crackpot nativist policies” that any Dem Administration should vigorously oppose as a matter of principle and sound policy!

There are numerous ways to bring “order to the border,” enforce the law (including the rights of refugees to seek and receive protection), and encourage refugees to use the legal system without violating anyone’s legal rights or diminishing their humanity. Why won’t the Biden Administration just “do the right (and smart) thing?” 

The amount of time, energy, and resources being devoted to trying to get the Administration to cut the nonsense and comply with the laws already on the books is astounding! Obviously, the wrong people are “calling the shots” on human rights and racial justice efforts in the Biden Administration! Why?

🇺🇸 Due Process Forever!

PWS

03-27-23

🤙CALLING TAYLOR SWIFT! — Christy Gleason @ Save The Children Calls For Elected Leaders To Investigate The Deadly & Disgusting CBP One Farce Destroying Families & Separating Children At The Border! 🤮

Christy Gleason
Christy Gleason
Executive Director
Save The Children Action Network
PHOTO: Save The Children

Christy Gleason writes in WashPost!

https://www.washingtonpost.com/opinions/2023/03/20/immigration-app-harming-children-families/

March 20, 2023 at 4:06 p.m. ET

I’m concerned about the impact of the CBP One app on children and families seeking asylum at the U.S.-Mexico border. The March 12 front-page article “At the border, a technology wall” underscored the injustice inflicted on these families.

Children and families fleeing violence and persecution in their home countries arrive at the U.S. border needing safety and security. Unfortunately, because of the failures of the CBP One app, many are denied access to the asylum process. Our colleagues at Save the Children Mexico have documented at least 30 instances in which families have chosen to separate instead of remaining in danger together. Additionally, they have seen countless cases of fraud and extortion related to the use of this app. The U.S. government is again causing family separations, this time because of the improper rollout of this app, causing children and families to become victims to extortion and abuse.

But even if the app functioned properly, it would exclude anyone without a cellphone, internet access or the ability to navigate this complicated technical system. Owning a phone and having access to the internet should not be obstacles to seeking safety from violence.

Our elected leaders and the Homeland Security Department need to better address the various issues with the CBP One app to ensure that asylum seekers can seek safety and protection in the United States through an orderly and fair process.

Christy Gleason, Washington

The writer is executive director of the Save the Children Action Network and vice president of policy, advocacy and campaigns for Save the Children.

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

Thanks for speaking out Christy! Recently, with the “Ticketmaster Disaster” we all saw that Taylor Swift and her legion of fans are one of the few forces in America who can strike bipartisan fear and spark action in the wacky and self-centered halls of Congress!

Perhaps, Christy and her colleagues can convince Swift that the plight of vulnerable families and children facing rape, robbery, extortion, exploitation, beatings, sexual slavery, death, and dismemberment, who are being shafted by CBP One’s failed technology and its abusive use as a “gatekeeper,” are at least as important as the trauma facing those denied concert tickets by Ticketmaster! Maybe Swift could exert her outsized influence to demand Congressional investigation and corrective action!

Taylor Swift
T. Swift. Loss of chance to attend her latest concert due to Ticketmaster SNAFU caused immediate bipartisan Congressional outrage and hearings! Loss of chance to plead for life because of DHS CBP One App SNAFU, not so much! Dehumanization of our fellow humans degrades our society.
LOS ANGELES – Swift at 2019 iHeartRadio Music Awards on March 14, 2019 in Los Angeles, California. (Photo by Glenn Francis/Pacific Pro Digital Photography) Creative Commons License.

Maybe Swift also could do a “benefit concert” at the border to draw attention to the human rights abuses and dehumanization being inflicted by cowardly politicos from both parties on vulnerable asylum seekers who only want our “nation of laws” to live up to its long-standing legal obligations to provide refuge and fair, dignified treatment. The proceeds could go to asylum seekers and the amazing NGOs and volunteers who have been doing the jobs that the Biden Administration, the State of Texas, GOP restrictionists, and the Mexican Government all shirk!

One common thread: Like Ticketmaster, CBP is basically a “failed monopoly” that provides lousy services — and then lies and blames the user — because there is no competition (except criminal enterprises) and little meaningful oversight or accountability.

🇺🇸 Due Process Forever!

PWS

03-22-23

☠️⚰️ THE BORDER: FORGET WALLS & MILITARIZATION: SEND MORE BODY BAGS & REFRIGERATED MORGUE TRUCKS:  Title 42, Biden Administration, GOP Nativists Drive Deadly Increase In Border Deaths, As U.S. Cedes Control Of Protection To Smugglers, Cartels, With Deadly Consequences  For Humanity! 🤮

Alicia A. Caldwell
Alicia A. Caldwell
Immigration Reporter
Wall Street Journal
Angel of Death Artist: Evelyn De Morgan 1880 Public Realm The Angel of Death (“AOD”) comes for another asylum seeker at the border. Biden border policies have created “full employment” for tge AOD!
Angel of Death
Artist: Evelyn De Morgan 1880
Public Realm
The Angel of Death (“AOD”) comes for another asylum seeker at the border. Biden border policies have created “full employment” for the AOD!

 

Santiago Perez & Alicia Caldwell report for the WSJ: 

EAGLE PASS, Texas—Local officials keep a refrigerated truck to hold the bodies of migrants who drown in the currents of the Rio Grande while trying to cross the border into the U.S.

Across the river, families having picnics or walking along the waterfront promenade of Piedras Negras, Mexico, say they sometimes see bodies floating by or bobbing among the reeds under a bridge. “We had times when we received four or five bodies a week,” said Hugo González, owner of Funerarias González in Piedras Negras. “At one point, there were a lot of corpses and there was nowhere to put them. We just didn’t have enough refrigerators at the funeral home.”

A spike in deaths along the most dangerous stretches of the U.S.-Mexico border reflects the escalating number of migrants seeking to cross into the U.S. from troubled home countries. At the same time, U.S. immigration policies are allowing fewer of them legal entry. Many migrants have turned to human smugglers and WhatsApp messages to help them navigate more lightly patrolled—and treacherous—sections of the border to enter illegally, U.S. officials said.

. . . .

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

Those with WSJ access can read the full article at the link. Those without can register for a limited number of free articles.

Remarkably, the existing law provides a legal framework for encouraging refugees to apply in or near their native countries and also for legal asylum seekers to apply in an orderly fashion at legal ports of entry. It also, for better or worse, provides DHS with an “expedited removal” process for those at the border who can’t establish a “credible fear” of persecution after initial proper screening by a trained expert Asylum Officer. This process does not require full Immigration Court hearings.

Sadly, the Trump and now the Biden Administrations have chosen to avoid or evade these existing legal tools for granting refuge in a timely and orderly fashion. Instead, encouraged by nativists, they have chosen to employ extralegal “gimmicks” like Title 42 to close down the legal avenues for seeking asylum at ports of entry. 

Those who are allowed into the system face a series of the Government’s intentionally-imposed hurdles. These include: impeding access to representation; punitive imprisonment in substandard conditions in obscure places; deficient technology used as a “gatekeeper;” poorly-qualified adjudicators who lack expertise and “real life” experience assisting asylum seekers; unduly restrictive interpretations of what are supposed to be generous, protection-oriented asylum laws; a mismanaged and backlogged system that moves either too fast too slow for due process, but never “just right;” random scheduling and politicized resettlement; lack of adequate notice of the legal requirements they are supposed to meet. 

Tragically, while Administrations and nativists disingenuously claim the opposite, this “dual lack” of competence and integrity has essentially left control of refuge in the U.S. to extra-governmental actors — basically smugglers, cartels, and other organized criminal enterprises. With legal avenues for seeking protection cut off or unduly restricted, refugees who need protection will resort to extralegal methods to save themselves and their families. 

In addition to “empowering the bad guys to run the system,” the Government’s short-sighted approach actually dilutes border enforcement. That’s because it improperly and unnecessarily “lumps in” refugees and legal asylum seekers with individuals and groups actually seeking to enter for purposes unrelated to seeking legal protection under our laws. 

It’s little wonder that despite questionable claims of lower numbers, the most obvious empirical effect of years of bad border policies and inept administration of the law has been to increase the number of border deaths, as related in the above article.

It would be nice to think that some day, our nation will have leaders who actually value human lives, rather than just viewing human rights as a “throwaway line” — subservient to their desire to amass and maintain political power. Until then, more will needlessly die.☠️🤮

🇺🇸 Due Process Forever!

PWS

03-21-23

🤯 BORDER: THE “ADULTS IN THE ROOM” DON’T WORK FOR THE USG OR TEXAS: Dedicated Volunteers Left To “Pick Up The Pieces” Of Human Carnage From GOP Racism & Biden Administration’s Lack Of Courage, Competence, Creativity, & Resolve! — Failed Political Leadership On Migration On Both Sides Of The Border & Uncritical Reporting From Most Media Are A Big Part Of The Problem!

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com

From The Border Chronicle:

From Education to Everything Else

Felicia Rangel-Samporano and Victor Cavazos founded The Sidewalk School, then a migrant shelter in Mexico. Now they also provide tech-support for a flawed U.S. immigration app.

MELISSA DEL BOSQUE
MAR 14

. . . .

Since opening, the school has also expanded to the neighboring Mexican border city of Reynosa. Because life in the migrant camps is transitory, The Sidewalk School’s teachers came and went, sometimes within weeks, said Rangel-Samponaro. They decided it would be easier to hire educators from Mexican border communities instead. Residents also understand better how to navigate the complicated dynamics at play in cities like Matamoros and Reynosa, which are riven by cartel-related crime—most recently, the kidnapping of four U.S. citizens in Matamoros, two of whom were shot and killed by cartel gunmen.

The Sidewalk School teaches based on the U.S. school calendar. In February they celebrated Black History Month, for example, she said. They focus on reading, writing, drawing, and play activities. Classes are typically held from 10:00 a.m. to 3:00 p.m. They currently have 10 people on staff in Matamoros and Reynosa. “We need even more staff,” Rangel-Samponaro said. “In both cities.”

Frontline Responders

As elected leaders in both Mexico and the United States fail to acknowledge the seismic shift in global displacement due to climate change, Covid-19, and other factors, migrant camps continue to appear up and down the Mexican border.

Border residents have been frontline responders, adapting to the most pressing needs in the camps, one of which is housing. Recently, The Sidewalk School joined the church group Kaleo International to build a shelter in Reynosa. The shelter houses mostly Haitian and African migrants, who are some of the most vulnerable since they are routinely targeted for kidnapping and persecution in Mexico.

But one of the biggest surprises, said Rangel-Samponaro, is that they now serve as tech support for the CBP One app, which was rolled out in January by the U.S. government for migrants to apply for asylum, as an exemption to Title 42. The app has been plagued with errors. And humanitarian groups have complained that the app, which requires that each person upload a selfie to begin the asylum process, often won’t accept photos of darker-skinned applicants.

Currently, there are thousands of Haitians in both Reynosa and Matamoros, as well as other darker-skinned asylum seekers, who are stuck because they can’t get the app to accept their photos. (The manual on the app, which Sidewalk School employees consult daily is 73 -pages long).

I visited Reynosa and The Sidewalk School in late February and spoke with several Haitian families who had tried to use the CBP One app.

Upgrade to paid

I was quickly surrounded by frustrated parents who said they’d been trying for weeks to make the app work. Living in makeshift shelters made of tarps and cardboard and having little to no access to the internet, parents were waking up at 3:00 a.m. in the morning to find a place with an internet connection, then registering, and trying to take and upload their photo before 8:00 a.m., when the app began accepting daily applications.

“I have an appointment,” one father told me. “But the app won’t accept the photos of my children, so I can’t get appointments for them.”

The app often timed out, crashed, or gave error messages, they said. “It’s a disaster,” one man said, after I asked him to sum up his experience trying to use the app.

“People don’t like hearing it, much less acknowledging what is happening to Black asylum seekers,” Rangel-Samponaro said. “They are stuck inside these encampments for months compared to people of Latin descent, who are at the camps for maybe two weeks or a month.”

I spoke with at least 10 different Haitian families, and they all told me that they’d been living in the migrant camp in Reynosa for at least five months.

“We don’t have enough food,” a Haitian boy told me in Spanish, who said he was 11 years old. “And I have this rash on my face.” He pointed to his cheek. Open sewers and trash littered the area around the camps. And the families, who said they couldn’t work and were struggling to buy food, said they were growing desperate.

Border Chronocle

Felicia Rangel-Samporano visiting a migrant camp in Reynosa with mostly Haitian and Venezuelan asylum seekers. (Photo: Melissa del Bosque)

So desperate that families were considering splitting up. Rangel-Samponaro  said there had been anguished meetings with parents who were considering sending their children across as unaccompanied minors. If the parents could get appointments through the app, they would reclaim their children once they arrived in the United States. At least that’s what they hoped.

Recently, The Sidewalk School brought in an immigration attorney to explain to parents how difficult it can be to find a child once they have been designated as unaccompanied in the U.S. immigration system. Children are held by CBP, then transferred to a shelter run by the Office of Refugee Resettlement somewhere in the country. “We’ve explained to them that it’s unlikely that they will cross, and their child will be there waiting for them,” she said.

And once people are accepted by the app for an appointment, they are extensively vetted through a series of law enforcement databases, and some are turned back, she said. “Just because you’ve got an appointment doesn’t mean they’re going to let you in to the United States.”

Rangel-Samponaro, like many others who provide humanitarian services in Mexico, is in frequent contact with CBP about problems with the app. In early March, she said, the agency updated the app so that it only requires one member of the family to submit a photo. But there are still not enough appointments for every member of the family, she said, so families are still splitting up and sending their children across as unaccompanied minors.

The Border Chronicle requested a response from CBP about the app. Tammy Melvin, a CBP press officer, replied in an email that the agency “continues to make improvements to the app based on stakeholder feedback.”

She said that “appointments will only be shown if enough slots for each member in the profile is available.”

And Melvin added in the email that they’ve not seen any issues linked to ethnicity. “CBP One is not conducting facial recognition that compares photos submitted in the application against any other reference system to identify someone,” She wrote. “CBP is not seeing any issues with the capture of the liveness photos due to ethnicity.”

Share

Rangel-Samponaro and others disagree. “We’ve invited the app developers to Reynosa and Matamoros to see the problems we’re having firsthand, but they’ve declined to visit,” she said.

Meanwhile, the hardships keep growing for asylum seekers. Recently, the Biden Administration announced, beginning in May after Title 42 is lifted, that asylum seekers must apply for asylum in the first country they enter, rather than at the U.S.-Mexico border.

Rangel-Samponaro said The Sidewalk School is doing everything it can to help, as even more people will likely be stuck in limbo after the policy change in May. They’re providing educational programs, running a shelter, and now providing tech support, and helping people navigate the U.S. government’s glitch-filled app. “I struggle to categorize everything that we do now,” she said.

Border Chronicle 2

Just one of the many error messages encountered while using the CBP One app that Rangel-Samponaro and others try to troubleshoot for asylum seekers. [The “error messages” are all too real! The CBP denial that there is a problem is surreal!]

The first two years were rough going, she said, and she and Cavazos spent their own money to keep The Sidewalk School afloat. Now they’re receiving some grants and donations. But it’s always a struggle, she said. “We need more volunteers, more funding,” she said. “Because the need never stops.”

For volunteer opportunities and to learn more about The Sidewalk School click here.

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

Read Melissa’s full article at the link.

How’s this for “contrast?” Felicia Rangel-Samporano and Victor Cavazos, private citizens, gave up comfortable lives in the U.S. and invested their own time and money in addressing the needs of children and families essentially “tashed” by lawless inhumane policies of both the Trump and Biden Administrations. Meanwhile, racist, cowardly, bullying Gov. Greg Abbott (R-TX) is leading a clearly unconstitutional effort to deny children in Texas U.S. the public education to which they are entitled under Supreme Court precedent. Have to ask what’s wrong with a state that puts a horrible person like Abbott, who doesn’t even govern very well in emergencies or other areas, in charge? They also enabled Texas Attorney General Ken Paxton (R), another bullying, lawless, coward who is basically the “bottom of the barrel!”

What the major networks and “mainstream”nmedia aren’t telling you:

  • “[E]lected leaders in both Mexico and the United States fail to acknowledge the seismic shift in global displacement due to climate change, Covid-19, and other factors;”
  • “Same old, same old” deterrence and officially-sanctioned cruelty, even in large, expensive, wasteful doses will NOT “solve” refugee flows;
  • The U.S. “system,” such as it is, systematically mistreats Black asylum seekers;
  • “CBP One” is defective technology that should never have been put into operation without testing and approval from the humanitarians actually working in the camps in Mexico;
  • So bad is CBP One that it is encouraging family separation;
  • The “requirement” that every family member obtain a separate appointment through  CBP One is totally insane;
  • Even when asylum applicants get an appointment, it’s still a “crap shoot” because the Administration functions in a lawless, opaque, and arbitrary fashion without the necessary legal and practical expertise and safeguards in place;
  • The very idea that Mexico is a “safe” place to send non-Mexicans rejected at the border, under the totally irrational and illegal “presumption of denial” proposed by the Administration, is beyond preposterous;
  • The Biden Administration has failed to heed the advice of experts who have actually worked on the border and who have constructive ideas for making the law work.

I’m not just getting the above from this article. I have recently had a chance to hear from individuals actually providing legal and humanitarian services at the border who basically said that the situation there is “beyond FUBAR” and that the Administration officials “crafting” border policies are out of touch with reality and not up to their jobs! In some cases, they are just paying no attention to the law or the advice of those who actually understand the system, both in and out of Government. 

That seems exactly what we voted out of office when the Trump kakistocracy was removed. Why, then, does Biden think that ignorance, bias, cruelty, and incompetence on human rights and racial justice is now a “winner?” Why is he aligning himself and his Administration with GOP nativist zealots like Abbott, Paxton, DeSantis, Trump, and Miller, rather than with folks like Rangel-Samporano  and Cavazos who actually represent the humane, practical, problem-solving values that the Dems ran on in 2020?🤯

With human lives at stake every day, one would think that our Government’s massive violations of human rights and cavalier dismissal of legal rights recognized for more than four decades, would be of great interest to the so-called “mainstream media” and that all Democrats would be demanding changes in human rights/immigration leadership (obviously, Mayorkas & Garland are the wrong folks) and a competent, legal, humane approach from the Biden Administration. But, unfortunately, you would be wrong!  Dead wrong, in some cases! ☠️⚰️

🇺🇸 Due Process Forever!

PWS

03-18-23

🤯 WONDER WHY THERE ARE ENDLESS BACKLOGS @ EOIR? — IJ Correctly Grants Asylum in 2019; DHS Takes Meritless Appeal; BIA Exceeds Authority To “Get To Denial;” 10th Cir. Reverses & Remands! BOTTOM LINE: Going On 4 Years After Asylum Was Properly Granted, Case Still Floating Around EOIR’s 2.1 Million Backlog W/O Resolution! 👎🏼

Four Horsemen
BIA Asylum Panel In Action — “Deter and deny is our battle cry!”
Albrecht Dürer, Public domain, via Wikimedia Commons

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110825418.pdf

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca10-on-clear-error-caballero-vega-v-garland#

“Gerardo Caballero-Vega, a Mexican citizen, entered the United States in 1993 without admission or parole by an immigration officer when he was eight years old. He was removed to Mexico in 2019. Shortly after his removal, Caballero-Vega returned to the United States and applied for asylum, withholding of removal, and protection under the Convention Against Torture. Later that year, the Immigration Judge (“IJ”) granted his application for asylum, which the Department of Homeland Security (“DHS”) appealed to the Board of Immigration Appeals (“the BIA”). In 2020, the BIA vacated the IJ’s decision for clear error and ordered Caballero-Vega’s removal to Mexico. The following year, Caballero-Vega filed a petition for review in this court. We reverse the BIA’s vacation of the IJ’s decision and remand the case for further review. … Caballero-Vega became a criminal informant for the San Mateo County District Attorney in 2012. He reported to law enforcement on the drug, firearm, and human trafficking conducted by Nuestra Familia, a California prison gang, as well as the Norteño Gang, Nuestra Familia’s “foot soldiers” in the streets. R. Vol. I at 143. Following his informant work, he testified against Nuestra Familia members in criminal court. Caballero-Vega was placed in a witness protection program during and after his testimony. … On November 13, 2019, the IJ granted Caballero-Vega’s application for asylum, finding that he had established a well-founded fear of future persecution based on his membership in the group of “informants who have testified in court against gangs.” … DHS appealed the decision to the BIA. On December 15, 2020, the BIA sustained DHS’s appeal, vacated the IJ’s grant of Caballero-Vega’s asylum, and ordered Caballero-Vega’s removal to Mexico. Specifically, the BIA found that there was “clear error in the [IJ]’s finding that there’s a reasonable possibility that [Caballero-Vega’s] 2012 status as an informant and his 2013 or 2014 United States testimony against United States gang members will be a central reason for possible future harm to [him] upon removal to Mexico.” … We find insufficient the BIA’s explanation for its finding that the IJ’s decision is clearly erroneous. The fact that Caballero-Vega was not persecuted in Mexico is of little-to-no probative value here because he escaped before he could be identified by cartel members. Likewise, the fact that he was not threatened or harmed in the United States following his time as an informant is unhelpful because he was in witness protection for that entire period. Finally, the expert testimony cited by the IJ demonstrates that Mexican cartel members and United States gang members cooperate extensively, so the fact that Caballero-Vega testified against individuals based in the United States, not Mexico, is not dispositive. Thus, none of the reasons the BIA offers for vacating the IJ’s decision justifies the BIA’s finding of clear error. We remand Caballero-Vega’s case to the BIA to accept the IJ’s decision or to provide further justification for its finding that the IJ’s decision is clearly erroneous.”

[Hats off to Tiago Guevara!]

 

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

dan@cenizo.com

Free Daily Blog: www.bibdaily.com

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

Very “classic” BIA “Any Reason To Deny.” Or, as Professor Denise Gilman would say “presumptive denial” (ironically, outrageously, something the Biden Administration now intends to “codify” through widely opposed, wacko, proposed regulations). https://immigrationcourtside.com/2023/03/15/%f0%9f%87%ba%f0%9f%87%b8%f0%9f%97%bd%e2%9a%96%ef%b8%8f%f0%9f%9b%9f-protection-v-rejection-professor-denise-gilman-on-how-the-dicks-last-resort/ Or, as I say “Dick’s Last Resort” decision-making! 

Asylum was correctly granted in November 2019. 3.5 years later, the case is still kicking around because the wrong “judges” are on the BIA.

Ever wonder why EOIR has unmanageable backlogs? Even when the system works as it should and protection is granted at the initial level, the BIA and their “partners” at DHS Enforcement combine to screw it up! We need Article I!

Dems keep babbling about “Federal Court reform.” But, they can’t even achieve long-overdue progressive reforms to a court system they totally “own!”

Why won’t the Biden Administration govern in accordance with the humane, practical, legal values they ran upon, when it comes to human rights, immigration, and racial justice? Don’t kid yourself! Rather than being “expendable” or “negotiable,” THESE are the issues on which our democracy will eventually stand or fall! That’s something that the younger generation must focus on!

Sessions and Miller wasted almost no time in co-opting and weaponizing EOIR against asylum seekers, migrants, people of color, and even smearing and attacking those defending them. Evil though they were, they had passion and a plan for dehumanization, destruction, and undermining democracy!

Social justice in America needs passionate, brave, principled advocates and defenders! There are plenty of them “out here!” Indeed, My Round Table colleague Judge Ilyce Shugall and I are surrounded by them here at the VIISTA celebration and training at Villanova!

Villanova University President Rev. Peter M. Donohue, Villanova Law Dean Mark Alexander, Professor Michele Pistone, creator and founder of VIISTA Villanova and the CARES Clinic, the VIISTA and CARES alums who have come here from literally every corner of America to celebrate, teach and learn — THEY are passionate about social justice and are actively expanding and defending it. THEY are doing something about the number one immigration problem today — guaranteeing due process through effective representation — by training and turning out “accredited representatives,” highly skilled  professional advocates who don’t necessarily have to be lawyers!

Professor Michele Pistone
Professor Michele Pistone
Villanova Law — Creator of VIISTA Villanova Program for training accredited representatives and building nationwide social justice networks. She is passionate about social justice. Why aren’t Biden Administration politicos?

 

As Father Donohue said at yesterday’s celebration,  “‘Woke’ means social justice!” Amazing people have come here from the Southern Border where they work with asylum applicants on both sides of the border. Every day, they see the human trauma, racism, pain, and suffering caused by the Administration’s failure to innovate, lead, and stand up for human rights. These are the preventable human dramas and traumas that smug, ill-informed Administration “policy makers” run away from — they don’t have the courage to face and learn from those they abuse!

Values – human rights and legal rights — CAN’T  EVER be “trumped” by “reelection concerns.” I might also add that the “Miller Lite” strategy followed by the Administration hasn’t found supporters or made them friends anywhere on the political spectrum! If you are going to make folks mad, why not at least be doing the right thing? Are competence, innovation, humanity, keeping campaign promises, and following the law REALLY political “losers” as Biden apparently believes? I doubt it!

The Biden Administration and many congressional Dems apparently lack passion and guts! Without the basic governing skills and integrity to undo the horrible human and systemic damage inflicted by Trump and institutionalize due process and fundamental fairness, the Dems are wandering in the social justice wilderness! No passion, no values, no expertise! Doesn’t say much for a party that promised to be a “socially just” alternative to anti-American Trumpist White Nationalism!

🇺🇸 Due Process Forever!

PWS

03-17-23

🇺🇸🗽⚖️🛟 “PROTECTION v. REJECTION” — Professor Denise Gilman On How The “Dick’s Last Resort” Approach To U.S. Asylum Adjudication Has Failed, & How We Would Do Better To “Default To Protect” Rather Than “Stretching To Reject!” 

Professor Denise L. Gilman
Professor Denise L. Gilman
U Tex Law
PHOTO: UT Law

 

https://hq.ssrn.com/Journals/RedirectClick.cfm?url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4376159::dgcid=ejournal_htmlemail_immigration,:refugee:citizenship:law:ejournal_abstractlink&partid=[[PART_ID]]&did=[[DELIVERY_ID]]&eid=[[EMAIL_ID]]

Abstract

This Article posits that the United States treats asylum as exceptional, meaning that asylum is presumptively unavailable and is offered only in rare cases. This exceptionality conceit, combined with an exclusionary apparatus, creates a problematic cycle. The claims of asylum seekers arriving as part of wide-scale refugee flows are discounted, and restrictive policies are adopted to block these claims. When the claims mount anyway, the United States asserts “crisis” and deploys new exclusionary measures. The problems created by the asylum system are not addressed but instead deepen. The Article commends a turn away from policies that have led down the same paths once and again.

The Article first describes the development of the modern U.S. asylum system, highlighting data demonstrating that the system has exceptionality as a basic feature. In doing so, the Article reconsiders an assumption underlying much scholarship that the U.S. asylum system is fundamentally a generous one even if it has sometimes failed to live up to its promise. The Article then establishes that the emphasis on exceptionality has led to an exclusionary asylum process, which mostly takes place in the context of deportation proceedings and layers on additional procedural barriers. Next, the Article documents how the system places genuine refugees in danger while causing violence at the border. Further, embedded bias in the system, resulting from the focus on exceptionality, creates a legitimacy problem. The system discredits commonly-arising claims from neighboring nations, particularly Central America, while favoring asylum seekers from distant nations such as China. The system also violates international human rights and refugee law.

The Article concludes by offering suggestions for more stable, effective, and humane policies to address refugee arrivals in the United States. In addition to eliminating many existing substantive restrictions on asylum, the system should incorporate presumptions of asylum eligibility for applicants from designated nations or situations that are sending significant refugee flows. In addition, the United States should adopt a specialized non-adversarial asylum system for all cases, apart from the deportation system and with genuine independent review of denials of asylum.

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

Read the complete article at the link.

You’ve “hit the nail on the head,” Denise! Unhappily, those in charge, in both parties, are “wedded” to variants of “rejection theory.” Unless and until that changes, our refugee policies will continue to struggle and fail. 

Indeed, quite discouragingly, the “answer” of the Biden Administration to virulent, racist attacks on refugees and other vulnerable populations, is basically to abandon human rights to the GOP White Nationalists by “killing” refugee and asylum laws, dissing advocates, ignoring experts, and adopting a more or less “randomized,” politicized, extralegal, and restrictionist approach to refugees. 

The “leading” GOP presidential candidates bash and demean refugees, immigrants, LGBTQ individuals, women, the poor, on an almost daily basis. When is the last time you heard Biden or any other Administration official aggressively defend the rights of refugees and asylees and tout their value and contributions to America?

It’s pretty much what our approach was in the 1970’s, prior to the Refugee Act of 1980. “Back to the future,” in more ways than one! 

🇺🇸 Due Process Forever!

PWS

03-16-23

☠️⚰️ “I WANT TO DIE,” SAYS 7-YEAR OLD VICTIM OF AMERICA’S FAILURE TO HONOR ASYLUM LAWS! — “Biden’s Wall” Of Bad Tech & Bad Bureaucracy Cheaper, More Effective At Inflicting “Cruelty For Cruelty’s Sake” Than “Trump’s Folly!”🤮

Biden Statue of Liberty
Biden Betrays Promises to Refugees
Steve Sack @ Star Tribune
Republished under license

https://www.washingtonpost.com/nation/2023/03/11/asylum-seekers-mexico-border-app/

Arelis R. Hernandez
Arelis R. Hernandez
Southern Border Reporter
Washington Post

Arelis R. Hernandez reports for WashPost:

MATAMOROS, Mexico — It was supposed to be his last day in Mexico. The 7-year-old Venezuelan boy beamed as he bade farewell to his teacher, Liliana Carlos, at a school for migrant children living in tents while waiting for their chance to enter the United States.

His family, finally, had obtained an appointment in February with U.S. Customs and Border Protection after weeks of trying to use a new app to secure a slot.

Now they hoped to be allowed to begin a new life in America. No more sleeping on the ground. No more threats of kidnapping. No more watching his mother cry.

But instead of the safety his family longed for inside the United States, the boy returned to the Sidewalk School, inconsolable, his teacher recalled. CBP officials on the border bridge sent back about 50 families, including his. They’d all made appointments online as family units. But agents were now enforcing a rule requiring each child to register individually.

“We are never going to leave,” Carlos recounted the boy telling her as she ushered the wailing child into an alcove known as the “calm corner.”

. . . .

Two weeks after the boy was sent back to the Sidewalk School, Carlos said her once hopeful student still doesn’t have a new appointment. The child’s name is being withheld by The Washington Post out of concerns for his safety.

She tried to console him, she recalled, but he was despondent, telling her: “I want to die.”

. . . .

Within a northern Mexico safe house, a 30-something-year-old asylum seeker ran his fingers across the bumpy scar tissue that had healed unevenly around his wrists. The marks are remnants of the torture he endured two weeks earlier.

His voice quivered as he recalled black-clad kidnappers ambushing the house where he was living at 1 a.m. in late January. They bound his hands and feet with electric cables and threw him in the trunk of a vehicle.

For two days, he was repeatedly burned and beaten.

The Washington Post is withholding the man’s name and other identifying characteristics for safety reasons because he is still in Mexico. But the man showed a reporter the lacerations and described how men pistol-whipped and beat him. Dark circular scars mark the spots on his legs where his captors pressed lit cigarettes into his flesh.

“The app doesn’t feel fair,” said the man, who was denied an exemption to the Title 42 rule barring most migrants from entering and has failed to secure an appointment. “I need protection in the United States.”

. . . .

Nearby in Reynosa, a three-acre lot covered in human feces near a sandy river peninsula overrun by Mexican cartel members sits adjacent to a camp for migrants.

They sleep and eat 50 feet away from the open pit. Soiled toilet paper clings to cactus needles. A toxic plume of nostril-singeing smoke rises over the encampment from a trash heap at the river’s edge where plastic burns.

Nearby, a collection of tall glass candles bearing the image of La Santa Muerte, a Grim Reaper-like Mexican folk saint worshiped by narcos, have been placed in a circle drawn into the sand.

This is Camp Rio, where at least 1,000 Haitian asylum seekers are spending each day they can’t get an appointment.

Many Black migrants are pushed to the fringes of border cities to wait in subhuman conditions. They have more difficulty accessing shelters than those with lighter skin and often experience racism in Mexico.

. . .

The crowd of people around the attorneys swelled. Parents with upcoming dates wondered what would happen if they sent their small children across the bridge alone as unaccompanied minors. D’Cruz begged them not to.

“If we don’t, we will lose everything we’ve worked for,” a woman from Nicaragua said, pressing her bewildered daughter against her leg.

Advocates counted between 40 and 50 children surrendered at the bridge alone days later.

Back at the Sidewalk School, the number of children enrolled has swelled. Carlos, the coordinator, said they went from teaching a handful of kids each day to more three dozen in recent weeks. She said that means more and more children, and their families, aren’t getting appointments.

The longer they despair in Mexico, parents say, the more they consider sending their children to the United States alone.

Valentina Sanchez, 24, of Venezuela, and her husband had appointments in February. Their 3-year-old son did not. He crossed and she stayed behind with the toddler.

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

Read the complete article at the link. 

Folks, tragically, we’ve seen in the last few days how totally unsafe Mexico is even for U.S. citizens! Yet, the Biden Administration thinks it’s “A-OK” to propose illegally repelling tens of thousands of non-Mexicans back to danger, torture, exploitation, and death without fairly considering their legal claims for refuge and without insuring that those making such life and death decisions are actually qualified to do so (hint, many aren’t). 

At the current rate of 800 “interviews” per day, it would take the Administration four months just to process the 100,000 humans already waiting at the border (4 interviews/officer/day). If the Administration had started with a plan to hire and train 1,000 Asylum Officers over the more than 2.5 years they have been in office, the job could be done in less than a month! 

The Administration can (and does) make all the false claims that “CBP One” works that it wants. As Arelis and others who actually interface with asylum seekers on the border have documented, the facts say otherwise!

I happened to be watching “Meet The Press” with Chuck Todd. House Judiciary Chair Sen. Bob Menendez (D-NJ) said we need a “surge” of Asylum Officers to the border, grant asylum to those who qualify, remove those who don’t, use more TPS strategically, and open more pathways to legal immigration. Not “rocket science” by any measure!

Yet, although Biden has “dabbled” in some of these initiatives, he still has no systemic plan for reinstating asylum law in a fair and effective manner at the border. Sen. Menendez correctly noted that if Biden continues on the course he has charted, he will go down as the “Asylum Denier In Chief.”

Senator Menendez also said that if Biden has the poor judgement to reinstitute “family detention,” it will fail just as it did in both the Obama and Trump Administrations. He characterized having eliminated family detention upon  assuming office as one of the best moves that Biden has made on immigration. Talk about “taking points off the scoreboard!”

Thanks to Arelis Hernandez and a few other reporters who refuse to let the human disaster of the Biden Administration’s treacherous abandonment of the law at the border and the values it represents go unnoticed! It doesn’t have to be this way! 

🇺🇸Due Process Forever!

PWS

03-12-237