🏴‍☠️CLOSING THE BORDER TO LEGAL ASYLUM SEEKERS IS A VIOLATION OF BOTH DOMESTIC & INTERNATIONAL LAW — It’s Neither Something To Tout (Biden Administration) Nor A Solution (GOP) (Except, Perhaps, In The “Hitlerian” Sense) — Our Inability To Solve A Humanitarian Situation By Acting Lawfully, Sensibly, & Humanely Is A Sign Of Gross National Weakness Spurred By Unwillingness To See The Human Tragedies We Are Promoting! — And The Lousy, Misleading, & Tone-Deaf Reporting By The Some Of The “Mainstream Media” Is Making It Worse! — Leon Krauze & Suzanne Gamboa With Simple Truths About Human Migration That Neither Pols Nor Nativists Want You To Hear! — PLUS BONUS COVERAGE: Friday Mini-Essay: “Degrading Ourselves As A Nation Won’t Stop Human Migration”

Leon Krauze
Leon Krauze
Journalist, Author, Educator

https://www.washingtonpost.com/opinions/2021/03/24/border-crisis-migrants-media-biden/

Leon Krauze in the WashPost tells us what’s really happening at the border. WARNING: It has little to do with the myths and false narratives being peddled by the GOP, the Administration, and the media.

The current emergency at the border has found the U. S. media at its most solipsistic. Coverage seems more focused on whether the emergency should be called “a crisis” (it should) and what the political fallout for the Biden administration will be. With few exceptions — like the remarkable work of MSNBC’s Jacob Soboroff or Politico’s Sabrina Rodriguez — many news outlets seem utterly uninterested in the stories of the migrants themselves.

This is wrong because it fails to provide one crucial piece of the puzzle: the very concrete context of human suffering.

. . . .

This by no means excuses the stories of anguish and confinement that have emerged over the last few weeks from within the facilities set up by the Biden administration to deal with the number of young migrants crossing the border, nor does it absolve the president himself from delivering on his promise of a humane immigration system, diametrically opposed to Trump’s cruel policies, designed in collaboration with unapologetic racist xenophobes like Stephen Miller.

The Biden administration can and should do better. But the current debate cannot ignore the very concrete despair facing thousands of immigrant families who, under the direct threat of violence or abuse, chose to push their young children to the United States, in search of safety.

If the alternative was famine, gang violence, kidnapping, rape or sexual slavery, wouldn’t you bet it all on the journey north? If more people understood this, the political debate and the coverage surrounding the crisis would be much more empathetic and we would get closer at delivering concrete, humane solutions.

Now, let’s hear more “simple truth” from Suzanne Gamboa over at NBC News:

Suzanne Gamboa
Suzanne Gamboa, Political Editor, NBCLatino, NBC NewsDate: October 21, 2013
Place: Washington, DC
Credit: Maria Patricia Leiva/OAS
Creative Commons License

https://www.nbcnews.com/news/latino/americas-immigration-impasse-self-inflicted-doesnt-rcna485

America’s immigration impasse — an endless loop across different administrations — is largely self-inflicted, because Congress has repeatedly failed to acknowledge one simple thing: Immigration happens.

Accordingly, immigration laws must be continually adjusted, reformed and revised, experts say.

“People will always want to come to the U.S., and the U.S. will always need people,” said former Commerce Secretary Carlos Gutierrez, who was a top immigration adviser to President George W. Bush.

Until there is a system that allows enough legal immigration to meet the economy’s needs, there will be illegal immigration, Gutierrez said.

“That’s just part of how our economy is set up. It’s part of demographics,” Gutierrez said. “Our birthrate is not high enough to be able to fill the needs of our economy.”

The coronavirus pandemic reinforced the importance of immigrant labor to the American economy, including labor by the undocumented.

It opened many Americans’ eyes to the precariousness of the U.S. food supply, which depends on immigrant and undocumented farmworkers and meat plant workers, as well as to other immigrants’ roles as essential workers, such as home health care aides, nurses and paramedics.

All of those people and many other immigrants, including young immigrants — often called “Dreamers” based on never-passed proposals in Congress called the DREAM Act — will play a key role in helping the economy recover from its pandemic bust.

But immigration requires periodic calibration, and the economics and the changing patterns are lost in the politics.

“People are going to move — as they are all around the world — where they think they can find places to better feed their children. That’s the bottom line, and that’s the history of migration to the United States,” said Luis Fraga, director of the Institute for Latino Studies at the University of Notre Dame.

. . . .

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

Everyone should read the rest of the stories at the above link. 

Degrading Ourselves As A Nation Won’t Stop Human Migration

By Judge (Ret) Paul Wickham Schmidt

“Courtside” Exclusive
March 26, 2021 

Notwithstanding the endlessly disingenuous and self-centered alarmist rhetoric coming from all directions on the border mess, often mindlessly regurgitated by the press (not just Fox News), the real “crisis” involves the human lives at stake and the unnecessary human misery we are causing by failing to establish, professionally staff, and fairly and competently operate the legal refugee and particularly asylum systems required by law. This “due process crisis” actually has devastating and debilitating practical effects, starting with the dysfunctional immigration, refugee, and asylum system and the beyond dysfunctional Immigration Courts.

Heck, we don’t even pretend to comply with Constitutionally-required due process of law for asylum seekers who present themselves to us seeking life-saving refuge. Most of those who show up at legally-established border ports are told that the border is “closed” and that there is no way for them to apply. OK, so they attempt to cross between ports and immediately present themselves to the Border Patrol. But, they also are told there is no way to apply and are orbited back to some of the most dangerous countries in the world without any process whatsoever, let alone due process of law. Who are we kidding with all our dishonest pontificating about “the rule of law?”

It’s a strange way to implement the statutory command that any foreign national “irrespective of . . . status, may apply for asylum,” along with a constitutional guarantee that “No person shall . . . be deprived of life, liberty, or property without due process of law.” Gee, you don’t even need one of those fancy Ivy League law degrees to understand that language. You just have to be able to read, comprehend, and act.

What you do have to do to get where we are today is to view asylum seekers and other migrants (predominantly people of color) as less than human — “non-persons” in a constitutional sense. It’s what some of us call “Dred Scottification of the other” and it has accelerated over the past four years — not just in immigration.

The whole idea of a “court system” being run by the Executive who also is the chief of enforcement is beyond constitutionally preposterous. It’s a “negative tribute” to the Supremes and other Article III life-tenured judges who have grown so distant from their own humanity and immigration stories as to become willfully blind to the ongoing farce that constitutes “justice” and “due process of law” for asylum seekers and other immigrants in the U.S.

Today’s nearly non-existent “asylum system” is a deadly and illegal “catch 22,” with the Supremes sitting in their marble palace refusing to do the primary task that justifies their continued existence: enforce the Constitution against Government misbehavior and in favor of the “little guys” and the “vulnerable.” No thanks, not up to the job! 

The real tragedy is that there are plenty of folks out here with the knowledge, integrity, courage, and ability to establish a legal system that would actually comply with out laws, our Constitution, and further offer the hope of constructively addressing some problems before refugees arrive at our borders. But, they remain “benched,” even by the Biden Team. So the “good guys”are going to keep attacking the corrupt and broken system in court and at the polls for as long as it takes to get some course correction — years, decades, centuries — ask most African Americans how long it takes to achieve the true justice that America promises to all, but historically has only delivered to some. 

In the long run, a fair system would undoubtedly accept many more legal refugees and asylum seekers. That’s what happens in refugee situations — it’s the core of what we call “forced migration” — when you sign on to international conventions intended to prevent the “next holocaust,” and you fairly and humanely apply the rules meant to protect refugees and those who face torture. And, as they have in the past, the overwhelming number of refugees and asylees, like the overwhelming majority of immigrants (essentially all of us, except Native Americans) will adapt, fit in, and contribute to the health, wealth, and future of our nation. They will change, but so will we — ultimately for the better!

Sure, America wouldn’t be as white, “Christian” (to the extent that adherence to a nominal Christian denomination, rather than actually performing Christ’s extremely difficult, self-sacrificing, risky, compassionate mission, defines Christianity), and nominally heterosexual as it was when White Nationalist myths and whitewashed history ruled the roost. But, it would be a better nation — one that actually has a chance of prospering, realizing the full potential of all its residents, and leading the world in the 21st century. A nation that could devote more human, natural, and monetary resources to building and exporting greatness, rather than to an endless stream of cruel, inhuman, stupid, and wasteful enforcement and deterrence gimmicks.

Bottom line, folks are going to come to America, as they have throughout history. Some will stay, some won’t. But, come they will, unless and until those like Trump and the GOP create such a mess that our own people start fleeing to foreign shores. Immigration, regardless of status, is a sign of strength. Xenophobia a sign of fatal weakness.

Our real choice isn’t whether we want to “close” borders, bar refugees, and abuse children as the Cottons, Cruzes, Millers, and Hawleys advocate. It’s whether we create a robust, orderly, rational legal system to screen, regulate, and distribute the inevitable flow or whether, as we have for the past decades, we force millions to reside and work underground — part of an “extralegal” or “black market” system that pols of both parties and those who profit from that underground system have created.

Sprawling mismanaged enforcement bureaucracies, dysfunctional “courts,” armies of publicly-paid lawyers defending the indefensible, for-profit civil prisons, big agriculture, hospitality giants, loads of upwardly mobile professionals who need child care to pursue careers, communities that live off of marketing ethnic culture, meat packing conglomerates, architects and construction firms who are “building America,” even news media fixated on hyping the problem rather than fixing it (see, e.g., yesterday’s Biden press conference), the list of those who profit from a talented, hard working, reliable, loyal, yet politically and socially disenfranchised, workforce is endless.

Even the GOP’s “Cotton-Cruz crowd” benefits from having an imaginary enemy to rant and rail and gin up hate against — safe in the knowledge that the tanking of our economy, upheaval of society, and possible threat to their privilege that would result from realizing their disingenuous call to boot the entire undocumented population will never happen. Their kids and grandkids can continue to reap the privilege that comes from exploiting an essential, yet politically neutered, workforce. It’s really more about institutionalizing racism to maintain economic and political power over the eventual non-white majority that drives their bogus and ugly narratives.

We can degrade ourselves as a nation, but it won’t stop human migration!

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever! It’s a vision based on a written promise, not a “pipe dream!”

PWS

03-26-21

⚖️THE GIBSON REPORT — 03-22-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Georgetown Law Journal Makes History, Of The Best Kind! — My Invitation To Current Georgetown Law Students To Get Involved!

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

COVID-19 & Closures

Note: Policies are rapidly changing, so please verify information with the government and colleagues.

 

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, April 16, 2021. (It is unclear when the next announcement will be. EOIR announced 4/16 on Fri. 3/5, 3/19 on Wed. 2/10, 2/19 on Mon. 1/25, 2/5 on Mon. 1/11, and 1/22 on Mon. 12/28.) There is no announced date for reopening NYC non-detained at this time.

 

USCIS Office Closings and Visitor Policy

 

TOP NEWS

 

Mayorkas says ‘the border is closed,’ defends Biden’s immigration strategy

WaPo: Mayorkas, who appeared on almost all of the major political shows Sunday morning, sought to push a consistent message as the Biden administration is being pressed about conditions in overcrowded detention centers for unaccompanied immigrant children. See also Images of Confusion, Then Anguish: Migrant Families Deported by Surprise; ‘The crisis is in Washington’: Overwhelmed border officials urge D.C. to act; Senators see dire conditions in packed border stations, as officials consider flying migrants north.

 

Key facts about U.S. immigration policies and Biden’s proposed changes

Pew: To better understand the existing U.S. immigration system, we analyzed the most recent data available on federal immigration programs. This includes admission categories for green card recipients and the types of temporary employment visas available to immigrant workers. We also examined temporary permissions granted to some immigrants to live and work in the country through the Deferred Action for Childhood Arrivals and Temporary Protected Status programs.

 

Immigrant Detention Numbers Fall Under Biden, But Border Book-Ins Rise

TRAC: As of the end of President Biden’s first full month in office, the number of individuals arrested by ICE and booked into civil immigrant detention fell sharply from 5,119 ICE book-in arrests during January 2021 to just 1,970 during February 2021. According to the latest ICE figures, this was a drop of 62 percent just in a single month.

 

Young Migrants Held By Border Patrol Far Longer Than Allowed, Document Shows

NPR: The U.S. government had 4,276 unaccompanied migrant children in custody as of Sunday, according to a Department of Homeland Security document obtained by NPR. The children are spending an average of 117 hours in detention facilities, far longer than the 72 hours allowed by law.

 

Biden administration limits what Border Patrol can share with media about migrant surge at border

NBC: Restrictions on what border agents can share with the media were passed down verbally, say officials. Some have released videos of the border surge anyway. See also How Border Patrol Manipulates Media.

 

Durbin: ‘I think I’m close’ to getting Senate votes needed to advance DREAM Act

CNN: Senate Majority Whip Dick Durbin said Sunday that he thinks he is “close” to securing the Republican votes needed to overcome a Senate filibuster to advance a key immigration measure that would provide a pathway to citizenship for undocumented immigrants who were brought to the United States as children.

 

The new top editor of Georgetown’s flagship law journal is ‘undocumented and unafraid’

WaPo: Lee, 26, is believed to be the first openly undocumented student elected editor in chief of the flagship journal at a top U.S. law school.

 

Advocating for asylum-seeking children is traumatic, new research finds

WaPo: These health conditions stem from pressures to meet the needs of vulnerable child migrants targeted by restrictive immigration policies.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Inadmissibility on Public Charge Grounds Final Rule: Litigation

USCIS: USCIS stopped applying the Public Charge Final Rule to all pending applications and petitions on March 9, 2021. USCIS removed content related to the vacated 2019 Public Charge Final Rule from the affected USCIS forms and has posted updated versions of affected forms. See also Withdrawal of USCIS Proposed Rule on Affidavit of Support Requirements.

 

Citizenship Paths For ‘Dreamers,’ Farmworkers Pass House (Headed to Senate)

Law360: The House on Thursday approved two major immigration proposals that would provide a path to lawful status and eventual citizenship for several million “Dreamers” brought to the country as children and farmworkers working without authorization in American agriculture.

 

CA1 Remands Asylum Claim of Cuban Petitioner Who Claimed He Was Targeted for His Anti-Castro Political Beliefs

The court vacated and remanded the BIA’s decision affirming the IJ’s adverse credibility determination, finding that alleged discrepancies between the petitioner’s interview account and his hearing account failed to support the adverse credibility finding. (Cuesta-Rojas v. Garland, 3/15/21) AILA Doc. No. 21031737

 

CA1 Finds BIA Erred in Failing to Assess Whether Conditions for Members of Democratic Party in Albania Have Deteriorated Since 2006

Where the petitioner cited two post-2006 events as evidence of changed country conditions, the court held that the BIA’s failure to assess whether those changes were sufficient was arbitrary and capricious, and reversed the BIA’s denial of his motion to reopen. (Lucaj v. Wilkinson, 3/10/21) AILA Doc. No. 21031732

 

1st Circ. Rejects ICE Detainees’ COVID-19 Bail Requests

Law360: The First Circuit on Wednesday refused to disturb a Massachusetts federal court’s decision denying bail to several immigration detainees convicted of violent crimes, finding that it was reasonable to decide the detainees still belonged behind bars in the midst of the COVID-19 pandemic.

 

CA6 Says BIA Did Not Abuse Its Discretion in Denying Motion to Reopen Where NTA Was Not in Petitioner’s Native Language

Where the Guatemalan petitioner’s Notice to Appear (NTA) was delivered in English, the court rejected her argument that the NTA violated her due process rights because it did not detail in her native language the consequences of failing to attend her proceeding. (Lopez v. Garland, 3/12/21) AILA Doc. No. 21031733

 

7th Circ. Denies Texas’ Bid To Revive Public Charge Rule

Law360: The Seventh Circuit on Monday squashed an attempt by 14 states led by Texas to revive the Trump administration’s public charge policy, which penalizes immigrants for using certain public benefits, after the Biden administration decided not to defend it.

 

CA8 Says Petitioner Seeking Cancellation Was Required Only to Show That State Offense Was Broader Than Generic Federal Offense

The court held that the categorical approach does not require a petitioner seeking cancellation of removal to show that there is a realistic probability the state prosecutes people for the conduct that makes the state offense broader than the federal offense. (Gonzalez v. Wilkinson, 3/9/21) AILA Doc. No. 21031738

 

CA8 Concludes That Petitioner’s Conviction for Second-Degree Felony Assault in Minnesota Was a Particularly Serious Crime

The court held that the BIA did not err in determining that the petitioner’s conviction for second-degree felony assault in Minnesota was a particularly serious crime barring statutory withholding of removal and Convention Against Torture (CAT) relief. (Jama v. Wilkinson, 3/11/21) AILA Doc. No. 21031739

 

CA9 Remands CAT Claim of Honduran Petitioner Based on Evidentiary Issue Related to DOS Country Report

The court remanded petitioner’s Convention Against Torture (CAT) claim to the BIA for reconsideration in light of the fact that the IJ took judicial notice of, and relied upon, DOS’s Country Report, yet the BIA’s decision did not take it into account. (Aguilar-Osorio v. Garland, 3/15/21) AILA Doc. No. 21031744

 

CA9 Holds That Petitioner Failed to Show Changed Country Conditions in Mexico Since His 2003 Removal Order

The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen after determining that the petitioner had failed to present evidence demonstrating that country conditions in Mexico had changed since his 2003 removal order. (Rodriguez v. Garland, 3/15/21) AILA Doc. No. 21031741

 

CA9 Finds Proposed Social Group of “Salvadoran Women Who Refuse to Be Girlfriends of MS Gang Members” Is Not Cognizable

The court held that substantial evidence supported the BIA’s determination that the Salvadoran petitioner had failed to establish past harm rising to the level of persecution, and concluded that her proposed social groups were not cognizable. (Villegas Sanchez v. Garland, 3/11/21) AILA Doc. No. 21031740

 

CA10 Finds That Matter of G-G-S- Was Not Arbitrary or Capricious and Is Entitled to Chevron Deference

The court held that Matter of G-G-S- was not arbitrary or capricious, and that BIA applied the correct legal standard in determining that petitioner’s convictions were for particularly serious crimes rendering him ineligible for withholding of removal. (Birhanu v. Wilkinson, 3/9/21) AILA Doc. No. 21031745

 

ICE Ordered To Transport NY Detainees To Get Vaccines

Law360: A federal judge on Thursday ordered U.S. Immigration and Customs Enforcement to facilitate vaccinations of immigrants detained at the agency’s Buffalo Service Processing Center in upstate New York.

 

Nonprofits Sue To End Trump-Era Immigration Deal With Ariz.

Law360: Three nonprofit organizations have sued Arizona’s attorney general in federal court seeking the cancellation of an agreement requiring the state’s input in federal immigration policies, saying the Trump administration official who made the arrangement lacked the authority to do so.

 

Safe Horizon and ASISTA File Lawsuit Against USCIS and DHS

ASISTA: Safe Horizon and ASISTA File Lawsuit Against USCIS and DHS, Seeking Information on Policy Change Making it More Difficult for Victims of Serious Crime to Obtain Relief Under the U-Visa Program.

 

DHS and HHS Sign Memorandum of Agreement Regarding Consultation and Information Sharing in UAC Matters

On March 11, 2021, HHS ORR and ICE and CBP signed a Memorandum of Agreement (MOA) regarding consultation and information sharing in matters relating to unaccompanied children. The April 13, 2018, MOA among the agencies dealing with UAC matters has been terminated. AILA Doc. No. 21031235

 

USCIS Shifts Policy On Minors With Alleged ‘Gang Affiliations’

Law360: U.S. Citizenship and Immigration Services will no longer rule out petitions for special status from mistreated youth based on state courts’ failure to assess whether they have ties to gangs, a policy change stemming from a class settlement last year.

 

EOIR Rescinds Policy Memorandum on Case Processing at the BIA

EOIR issued a policy memo (PM 21-16) rescinding and cancelling PM 20-01, Case Processing at the Board of Immigration Appeals. Upon this rescission, the BIA returns to the case management system established by regulation that was effective on 9/25/02 to manage the Board’s caseload. AILA Doc. No. 21031748

 

Further Delay of Effective Date of Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal

Advance copy of USCIS and EOIR interim final rule further delaying until 12/31/21 the effective date of the final rule “Security Bars and Processing” (85 FR 84160) which had been scheduled to become effective on 3/22/21. Public comment is also sought on whether the rule should be revised or revoked. AILA Doc. No. 21031930

 

USCIS Extends Effective Date of Temporary Final Rule on Interpreters at Asylum Interviews

Advance copy of USCIS final rule extending the expiration date of the temporary final rule on interpreters at asylum interviews published at 85 FR 59655, which was originally scheduled to expire on 3/22/21, for 180 days. The final rule will be published in the Federal Register on 3/22/21. AILA Doc. No. 21031932

 

CBP Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico

CBP issued a notification of the continuation of temporary travel restrictions limiting travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border through 4/21/21 due to COVID-19. (86 FR 14813, 3/19/21) AILA Doc. No. 21031934

 

USCIS Notice Extending and Redesignating Syria for TPS

USCIS notice extending the designation of Syria for TPS for 18 months, from 3/31/21 through 9/30/22, and redesignating Syria for TPS for 18 months, effective 3/31/21 through 9/30/22. (86 FR 14946, 3/19/21) AILA Doc. No. 21012930

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, March 22, 2021

Sunday, March 21, 2021

Saturday, March 20, 2021

Friday, March 19, 2021

Thursday, March 18, 2021

Wednesday, March 17, 2021

Tuesday, March 16, 2021

Monday, March 15, 2021

 

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

Check out item #7 under “Top News,” the story from the WashPost of Agnes Lee, the new Editor-in-Chief of the Georgetown Law Journal. In addition to being a brilliant and accomplished student, she happens to be an undocumented resident of the U.S. Congrats to Agnes, the Law Journal, and the entire Georgetown Law community!

⚖️Shout Out  for Georgetown Law Students:

Of course, never missing an opportunity to “self-promote,” I heartily encourage current Georgetown Law students who wish to learn and engage in active dialogue about immigration, social justice, and racial justice in America today, as well as to pick up pointers on how to actually practice law, to register for my “compressed semester, 2-credit course Immigration Law & Policy” to be given this June (in person, and virtual options).

Thanks to the great group of students, it’s always a lively, engaged, and diverse group researching, presenting, and discussing perhaps the most important (and misunderstood) current topic for America’s and the word’s future — one on which, sad to say, the myths, false narratives and misinformation are rampant, spreading even as I write this.

While I provide an outstanding “practice oriented” text, the class topics, abundant study questions, a challenging but very “doable” final exam, along with the inevitable anecdotes and “war stories” from my nearly 50-year career, the students actually control the substance though their own research on current and historical events and sharing of personal experiences with the immigration system (everybody has some, whether they realize it or not). It’s also a chance to “network and bond” with a group of wonderful colleagues who can “be there for you” throughout your careers.

Indeed, I hope to put together a panel of “young superstars”🌟 of the New Due Process Army,🌟 including former students/and or court interns, who can share their career experiences on “why they chose to make a difference in human lives and how they have accomplished it.” Additionally, one of the best “up and coming” minds in the business, my friend Professor Cori Alonso Yoder, currently a Visiting Professor at Georgetown Law, has offered to meet with the class to share some of her knowledge and real life experiences with “Life-saving 101.” So, it should be a vibrant an exciting month. Don’t miss it!

Also, despite the seriousness of the topic, we always have some fun doing it!

Also, remember, NDPA superstar🌟 Liz Gibson, of “The Gibson Report,” is one of my former Georgetown Law students, a CALS Asylum Clinic veteran, a former Arlington Immigration Court intern, a former Judicial Law Clerk at the NY Immigration Court, and an alum of the prestigious Immigrant Justice Corps! In a relatively short time, Liz has used her skills, knowledge, and training to make a lifetime’s worth of  “real life positive impact” on the lives and futures of our fellow humans!

🇺🇸⚖️🗽👍🏼Due Process Forever!

PWS

03-23-21

⚖️🇺🇸👍🏼🗽DEAN KEVIN JOHNSON’S SUCCINCT RESPONSE TO GREG ABBOTT’S PREDICTABLE SOUTHERN BORDER BS IS WORTH A READ! — PLUS: ARELIS HERNANDEZ OF WASHPOST WITH SOME MUCH-NEEDED TRUTH & PERSPECTIVE FROM THOSE ACTUALLY LIVING ON THE SOUTHERN BORDER: “We need more lawyers and judges, not more troops or technology.”

 

Kevin R. Johnson
Kevin R. Johnson
Dean
U.C. Davis Law

https://lawprofessors.typepad.com/immigration/2021/03/texas-governor-abbott-statement-on-unaccompanied-minor-crisis-created-by-biden-administration.html

There, of course, are pressing humanitarian issues to address along the U.S./Mexico border.  But to say that this issues are a result of “open border policies” is simply wrong.  No major party political leader to my knowledge is calling for “open borders.”  Rather, the “open borders” mantra is something that Republican politicians invoke to attack immigration policies that they do not like.

Democrats have another explanation for the current situation at the border.  House Speaker Nancy Pelosi told ABC News’ “This Week” that the policies of the Trump administration, which radically transformed immigration enforcement from 2017-21, are to blame for the recent increase in unaccompanied migrant children at the southern border,

“This is a humanitarian challenge to all of us,” Pelosi said. “What the administration has inherited is a broken system at the border and they are working to correct that in the children’s interests.”

To address humanitarian concerns, Homeland Secretary Alejandro N. Mayorkas has directed the Federal Emergency Management Agency (FEMA) to support an effort over the next 90 days to safely shelter unaccompanied children who make the dangerous journey to the U.S./Mexico border.

KJ

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

Thanks, Kevin, for adding some reality and perspective to the discussion. You can read Abbott’s statement at the link. Notably, the Republicans have offered no constructive solutions to this humanitarian issue, either in or out of power, other than to engage in child abuse and continually violate the laws, both international and domestic. 

The criticism from the likes of Abbott, who as “Governor” of Texas has presided over a power grid disaster that actually killed and threatened the health of Texas residents and who has thumbed his nose at public health recommendations that save lives, is particularly disingenuous. And, naturally, the dangerous and deadly results of Abbott’s and the GOP’s mis-governance of Texas have fallen disproportionately on Latinos and other communities of color. The Abbott/GOP response has been to attempt to disenfranchise citizens of color in Texas! 

The same can be said of GOP House Minority Leader Kevin McCarthy whose main contribution to America’s safety and security has been to whitewash the deadly assault on our Capitol that his “supreme leader” orchestrated. Again, a person with no credibility. 

Those seeking a more nuanced and accurate picture of what’s really happening at the Southern Border should read the lengthy report of Arelis Hernandez in the WashPost:

https://www.washingtonpost.com/immigration/migrants-are-not-overrunning-us-border-towns-despite-the-political-rhetoric/2021/03/15/b193f3f2-8345-11eb-ac37-4383f7709abe_story.html

Migrants are not overrunning U.S. border towns, despite the political rhetoric

Leaders in Texas border towns say their economies are suffering because of pandemic restrictions on cross-border travel.

. . . .

City officials and nonprofit organizations can’t force families to stay in the hotels but Darling, the McAllen mayor, said so far no one they track has left isolation prematurely.

“We tell them if they want to leave on our buses, they need to follow our rules,” he said. The city has spent nearly $200,000 of taxpayer money it hopes will be reimbursed by the federal government, but Abbott’s rejection of Federal Emergency Management Agency funding from the Biden administration will complicate matters for localities.

Darling said his city is full of compassionate people, and they are doing the rest of the country a favor in taking care of migrant families on the front end of their journeys.

Along the border, faith organizations, local emergency managers and immigration advocates say they have learned from previous surges how best to coordinate. They are preparing to receive flights and buses full of asylum seekers, mostly recently released families with small children, to ease capacity issues that critics say the Department of Homeland Security officials should have anticipated.

Coronavirus restrictions have put capacity limits on shelters run by community organizations on the U.S. side of the border, but so far the numbers are not at 2019 levels, said Pastor Michael Smith of the Holding Institute in Laredo. Shelters and temporary detention facilities operated by the U.S. Health and Human Services’ contractors, however, are over capacity.

But without more orderly intervention, the numbers could overwhelm. The Biden administration plans to deploy FEMA to the border to help with the migration surge as the administration tries to quickly scale up space to temporarily hold and process migrants and unaccompanied children — many between the ages of 13 and 17.

“The failure to have an administrative process is causing a humanitarian crisis,” Smith said during a news conference organized by Laredo activists. “There are solutions to the issues, but they are not solutions that call for militarizing the border.”

“We need robust infrastructure at our ports of entry to handle people seeking asylum,” said Tannya Benavides, of the No Border Wall coalition. “We need more lawyers and judges, not more troops or technology.”

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

Great article by Arelis! I highly recommend it. My only caveat is that we need not just more lawyers and judges, certainly correct, but better Immigration Judges who are experts in asylum law, have experience representing asylum seekers, and can fairly, efficiently, and consistently identify those with valid claims to protection under the law before it was perverted by the Trump regime. Also, the Government could use more qualified Asylum Officers who could screen and finally adjudicate the grantable cases, under correct legal criteria set forth by better-qualified Immigration Judges and a completely new due-process-human rights-oriented BIA without even having to send the cases to court. 

These are the bold steps necessary to get out of the cycle of “same old, same old” — which inevitably ends with harsh measures directed at asylum seeking families and children that do nothing to address the causes of forced migration. “Enforcement-only deterrent measures” never have solved, and never will solve, the long-term problem in a constructive manner. The cycle of failed, yet expensive and inhumane deterrents, just keeps repeating itself Administration after Administration.

I have already suggested tapping into retired Asylum Officers and other retired USCIS Adjudicators with the necessary asylum expertise. I’m betting that my retired Round Table colleague, and former Asylum Officer and UN Official, Judge Paul Grussendorf would be available to help lead such an effort. 

To solve this problem, the Biden Administration must put some experts who understand the practicalities of refugee and asylum situations in place and let them solve the problem. It should come as no shock that the current gangs at DHS and EOIR —largely holdovers who participated in the Trump regime’s cruel, failed, and illegal “enforcement only” policies at the border — are not going to be able to get the job done. At least they can’t without some effective “adult supervision” from those committed to humane, legal, and timely processing of asylees and other migrants in full compliance with due process and best practices.

The Trump regime eschewed any attempt to build a fair, effective, timely asylum adjudication system that complied with domestic and international law as well as due process. Instead, they concentrated on eradicating the entire U.S. refugee and protection system through regulations (many enjoined), Executive Orders (some enjoined), bogus administrative “precedents,” and stacking the Immigration Courts with overtly anti-asylum or “go along to get along” “judges.” Right now, the entire system is in shambles — the most obvious example being the totally dysfunctional mess at EOIR!

To “win the game,” the Biden Administration needs to get the right players on the field. While there has been some notable progress, that hasn’t happened to date. And, with politicos like Abbott and McCarthy stirring the pot daily, time is running to get the “A Team” in place to combat their lies, distortions, and nonsense. 

🇺🇸🗽⚖️Due Process Forever!

PWS

01-16-21

 

🇺🇸🗽EUGENE ROBINSON @ WASHPOST — Biden Must Do The Right Thing For Kids At The Border — Their Best Interests Are Our Best Interests!

 

Eugene Robinson
Eugene Robinson
Opinion Columnist
Washington Post
Source: WashPost Website

https://www.washingtonpost.com/opinions/biden-migrant-surge-stop-child-detention/2021/03/11/99d9a7e4-8295-11eb-9ca6-54e187ee4939_story.html

. . . .

So the Biden administration needs to do two things. First, it needs to create more shelter space, at least in the short term. Reopening a mothballed, 700-bed Trump-era shelter for migrant teens in Carrizo Springs, Tex. — a step the Department of Health and Human Services took last month — was probably necessary, but it’s not a good look for an administration trying to turn the page. New shelters are needed, and they must be put into service with the same urgency the administration summons for coronavirus vaccination centers.

The other thing the administration must do is move children out of the shelters into family or sponsor custody faster. This is mostly a matter of bureaucratic efficiency. Many of these “unaccompanied” minors actually were accompanied when they crossed the border, but by their grandparents, aunts, uncles or older siblings — not their parents. Biden needs to flood the zone with enough investigators, lawyers and other personnel to speedily determine that these relatives are in fact relatives, not traffickers, so these families can be promptly reunited.

Just as Biden and his aides decided to err on the side of doing too much rather than too little on covid-19 relief, they should go big on the border. When the pandemic does end, existing shelter space should be enough to handle the kind of surge we’re seeing now — but that day could be many months away. The system is overloaded this minute.

As a matter of politics, it is unwise for Biden to give Republicans fodder for demagoguery about a supposed border “crisis.” It is equally unwise to give progressive Democrats any reason to complain that his border policy is less than a complete departure from Trump’s.

And as a matter of policy, Biden must keep his eye on one guiding star: We are talking about the lives and well-being of children. It is nothing less than our duty to love and care for them as if they were our own.

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

Read Eugene’s full op-ed at the link. 

In addition to asking for DHS volunteers, another idea is to quickly rehire retired Asylum Officers, Refugee Officers, and Immigration Inspectors to help out on a temporary basis.

Eugene’s article reminds me of one of my first essays that I published on Courtside in 2016, set forth in full here (originally published by Dan Kowalski in LexisNexis Immigration Community) :

SAVING CHILD MIGRANTS WHILE SAVING OURSELVES

SAVING CHILD MIGRANTS WHILE SAVING OURSELVES

By Paul Wickham Schmidt

They cross deserts, rivers, and territories controlled by corrupt governments, violent gangs, and drug cartels. They pass through borders, foreign countries, different languages and dialects, and changing cultures.

I meet them on the final leg of their trip where we ride the elevator together. Wide-eyed toddlers in their best clothes, elementary school students with backpacks and shy smiles, worried parents or sponsors trying to look brave and confident. Sometimes I find them wandering the parking garage or looking confused in the sterile concourse. I tell them to follow me to the second floor, the home of the United States Immigration Court at Arlington, Virginia. “Don’t worry,” I say, “our court clerks and judges love children.”

Many will find justice in Arlington, particularly if they have a lawyer. Notwithstanding the expedited scheduling ordered by the Department of Justice, which controls the Immigration Courts, in Arlington the judges and staff reset cases as many times as necessary until lawyers are obtained. In my experience, retaining a pro bono lawyer in Immigration Court can be a lengthy process, taking at least six months under the best of circumstances. With legal aid organizations now overwhelmed, merely setting up intake screening interviews with needy individuals can take many months. Under such conditions, forcing already overworked court staff to drop everything to schedule initial court hearings for women and children within 90 days from the receipt of charging papers makes little, if any, sense.

Instead of scheduling the cases at a realistic rate that would promote representation at the initial hearing, the expedited scheduling forces otherwise avoidable resetting of cases until lawyers can be located, meet with their clients (often having to work through language and cultural barriers), and prepare their cases. While the judges in Arlington value representation over “haste makes waste” attempts to force unrepresented individuals through the system, not all Immigration Courts are like Arlington.

For example, according to the Transactional Records Clearinghouse at Syracuse University (“TRAC”), only 1% of represented juveniles and 11% of all juveniles in Arlington whose cases began in 2014, the height of the so-called “Southern Border Surge,” have received final orders of removal. By contrast, for the same group of juveniles in the Georgia Immigration Courts, 43% were ordered removed, and 52% of those were unrepresented.

Having a lawyer isn’t just important – it’s everything in Immigration Court. Generally, individuals who are represented by lawyers in their asylum cases succeed in remaining in the United States at an astounding rate of five times more than those who are unrepresented. For recently arrived women with children, the representation differential is simply off the charts: at least fourteen times higher for those who are represented, according to TRAC. Contrary to the well-publicized recent opinion of a supervisory Immigration Judge who does not preside over an active docket, most Immigration Judges who deal face-to-face with minor children agree that such children categorically are incompetent to represent themselves. Yet, indigent individuals, even children of tender years, have no right to an appointed lawyer in Immigration Court.

To date, most removal orders on the expedited docket are “in absentia,” meaning that the women and children were not actually present in court. In Immigration Court, hearing notices usually are served by regular U.S. Mail, rather than by certified mail or personal delivery. Given heavily overcrowded dockets and chronic understaffing, errors by the Department of Homeland Security (“DHS”) in providing addresses and mistakes by the Immigration Court in mailing these notices are common.

Consequently, claims by the Department of Justice and the DHS that women and children with removal orders being rounded up for deportation have received full due process ring hollow. Indeed a recent analysis by the American Immigration Council using the Immigration Court’s own data shows that children who are represented appear in court more than 95% of the time while those who are not represented appear approximately 33% of the time. Thus, concentrating on insuring representation for vulnerable individuals, instead of expediting their cases, would largely eliminate in absentia orders while promoting real, as opposed to cosmetic, due process. Moreover, as recently pointed out by an article in the New York Times, neither the DHS nor the Department of Justice can provide a rational explanation of why otherwise identically situated individuals have their cases “prioritized” or “deprioritized.”

Rather than working with overloaded charitable organizations and exhausted pro bono attorneys to schedule initial hearings at a reasonable pace, the Department of Justice orders that initial hearings in these cases be expedited. Then it spends countless hours and squanders taxpayer dollars in Federal Court defending its “right” to aggressively pursue removal of vulnerable unrepresented children to perhaps the most dangerous, corrupt, and lawless countries outside the Middle East: El Salvador, Guatemala, and Honduras. The Board of Immigration Appeals (“BIA”), the institution responsible for enforcing fairness and due process for all who come before our Immigration Courts, could issue precedent decisions to stop this legal travesty of accelerated priority scheduling for unrepresented children who need pro bono lawyers to proceed and succeed. But, it has failed to act.

The misguided prioritization of cases of recently arrived women, children, and families further compromises due process for others seeking justice in our Immigration Courts. Cases that have been awaiting final hearings for years are “orbited” to slots in the next decade. Families often are spread over several dockets, causing confusion and generating unnecessary paperwork. Unaccompanied

2

children whose cases should initially be processed in a non-adversarial system are instead immediately thrust into court.

Euphemistically named “residential centers” — actually jails — wear down and discourage those, particularly women and children, seeking to exercise their rights under U.S. and international law to seek refuge from death and torture. Regardless of the arcane nuances of our asylum laws, most of the recent arrivals need and deserve protection from potential death, torture, rape, or other abuse at the hands of gangs, drug cartels, and corrupt government officials resulting from the breakdown of civil society in their home countries.

Not surprisingly, these “deterrent policies” have failed. Individuals fleeing so-called “Northern Triangle” countries of El Salvador, Guatemala, and Honduras have continued to arrive at a steady pace, while dockets in Immigration Court, including “priority cases,” have mushroomed, reaching an astonishing 500,000 plus according to recent TRAC reports (notwithstanding efforts to hire additional Immigration Judges). As reported recently by the Washington Post, private detention companies, operating under highly questionable government contracts, appear to be the only real beneficiaries of the current policies.

It doesn’t have to be this way. We could save lives and short-circuit both the inconsistencies and expenses of the current case-by-case protection system, while allowing a “return to normalcy” for most already overcrowded Immigration Court dockets by using statutory Temporary Protected Status (known as “TPS”) for natives of the Northern Triangle countries. Indeed, more than 270 organizations with broad based expertise in immigration matters, as well as many members of Congress, have requested that the Administration institute such a program.

The casualty toll from the uncontrolled armed violence plaguing the Northern Triangle trails only those from Syria, Afghanistan, and Iraq. TPS is a well- established humanitarian response to a country in crisis. Its recipients, after registration, are permitted to live and work here, but without any specific avenue for obtaining permanent residency or achieving citizenship. TPS has been extended among others to citizens of Syria and remains in effect for citizens of both Honduras who needed refuge from Hurricane Mitch in 1998 and El Salvador who needed refuge following earthquakes in 2001. Certainly, the disruption caused by a hurricane and earthquakes more than a decade ago pales in comparison with the very real and gruesome reality of rampant violence today in the Northern Triangle.

Regardless, we desperately need due-process reforms to allow the Immigration Court system to operate more fairly, efficiently, and effectively. Here are a few suggestions: place control of dockets in the local Immigration Judges, rather than bureaucrats in Washington, as is the case with most other court systems; work cooperatively with the private sector and the Government counsel to docket cases at a rate designed to maximize representation at the initial hearings; process unaccompanied children through the non-adversarial system before rather

3

than after the institution of Immigration Court proceedings; end harmful and unnecessary detention of vulnerable families; settle ongoing litigation and redirect the talent and resources to developing an effective representation program for all vulnerable individuals; and make the BIA an effective appellate court that insures due process, fairness, uniformity and protection for all who come before our Immigration Courts.

Children are the future of our world. History deals harshly with societies that mistreat and fail to protect children and other vulnerable individuals. Sadly, our great country is betraying its values in its rush to “stem the tide.” It is time to demand an immigrant justice system that lives up to its vision of “guaranteeing due process and fairness for all.” Anything less is a continuing disgrace that will haunt us forever.

The children and families riding the elevator with me are willing to put their hopes and trust in the belief that they will be treated with justice, fairness, and decency by our country. The sole mission and promise of our Immigration Courts is due process for these vulnerable individuals. We are not delivering on that promise.

The author is a recently retired U.S. Immigration Judge who served at the U.S. Immigration Court in Arlington Virginia, and previously was Chairman and Member of the Board of Immigration Appeals. He also has served as Deputy General Counsel and Acting General Counsel of the former Immigration and Naturalization Service, a partner at two major law firms, and an adjunct professor at two law schools. His career in the field of immigration and refugee law spans 43 years. He has been a member of the Senior Executive Service in Administrations of both parties.

4

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

🇺🇸⚖️🗽Due Process Forever!

PWS

03-13-21

CNN’S CHRISTIANE AMANPOUR INTERVIEWS NDPA SUPERSTAR 🌟 ANDREA MARTINEZ ON NEED FOR BIDEN’S IMMIGRATION REFORM BILL!

Amanpour & Martinez
CCN Anchor Christiane Amanpour & Immigration Attorney Andrea Martinez
SOURCE: CNN

Watch this video clip from CCN:

https://apple.news/A5fldUh3pTnWBhjhXUz6QOg

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

Thanks for speaking out Andrea! Andrea is a former Arlington Immigration Court intern and one of the “charter members” of the NDPA. As captured on this video, she was assaulted by ICE while trying to assist her child client in reuniting with his mother! A civil suit against the agent involved is pending.

🇺🇸🗽⚖️Due Process Forever!

PWS

02-27-21

FIERY IMMIGRANT WHO CHANGED AMERICAN POLITICAL HISTORY DIES — “Argentine Firecracker” 🧨(Later “Tidal Basin Bombshell”💣) Fanne Foxe (1936-2021) — Her Oct. 1974 Early AM Plunge 🏊🏻‍♀️ Into The Tidal Basin Derailed Career Of Rep. Wilbur Mills (D-AK), Then One Of The Most Powerful Politicos In Washington! — “Fanny [Sic] Foxe claimed that she fell into the water because she ‘got hysterical [and] the officer was drowning [her]. [She] didn’t need his help because [she] was an expert swimmer.’” — Stripper Was #3 On “Best Mistresses” & “Top U.S. Sex Scandals” Rankings, Earned Three Academic Degrees!👩🏻‍🎓

Quote Source: “Arkansas Congressman and the Argentine Stripper” – Ghosts of DC, https://ghostsofdc.org/2019/02/20/arkansas-congressman-and-the-argentine-stripper/

Fanne Foxe & Wilbur Mills
ST/SCANDAL — 1974 – Arkansas Rep. Wilbur D. Mills joins Annabel Battistella, a stripper with the stage name Fanne Foxe, at her Boston Theatre dressing room in 1974. – Credit: AP. Scanned from file photo Feb. 4, 1998.

Cathy and I arrived in the DC Area in August 1973. So, I remember the hoopla surrounding Fanne’s early AM dip in the TB with a rather incoherent Chairman Mills and buddies in tow.

No internet in those days. Every day, I got up early to thoroughly read the Washington Post before heading for the downtown “Shirley Express” bus that would take me within walking distance of my job at the BIA, then located in the now-long-gone International Safeway Building (yes, it contained a real Safeway grocery store on the ground level).

A couple of days later, the Post reported that Mills finally acknowledged that he was in the car with “family friend” Fanne. That, apparently, was after an evening of boozing and enjoying the entertainment, perhaps at the Silver Slipper, where FF originally displayed her considerable assets to the Chairman of the House Ways & Means Committee. Reportedly, on this or another occasion, Ol’ Wilbur dropped $1,700 on refreshments for the gang. Impressive fiscal responsibility at a time when I recollect that the top Civil Service salary was frozen at $36,000.

“Family friend” Fanne and her then ex-husband lived in the same Arlington apartment complex, on Eads Street, as the Millses. Supposedly, the foursome played “contract bridge,” although it’s pretty evident that Wilbur and Fanne had actually turned bridge into a “full contact sport.”

Even in those days, the obligatory sexist xenophobic slur was inevitable. “Never drink champagne with a foreigner,” became one of the Chairman’s deflections. This was despite the fact that by then Foxe was U.S.citizen. It worked with the voters of “Bible Belt” Arkansas, as Mills was re-elected only a month later. 

But, Mills’s obsession with Foxe, the “Argentine Firecracker” had since morphed into the “Tidal Basin Bombshell,” brought him down shortly thereafter. As reported in a detailed obituary by the Post’s Adam Bernstein (on which I drew for this account):

Ms. Battistella [Fanne Foxe] — christened “the Tidal Basin Bombshell” — was inundated with striptease offers that paid more than five times the $400 a week she had been drawing at the Silver Slipper. Mills pleaded with her not to bare herself again publicly.

“Mr. Mills wanted me to stay home . . . to study and get a job,” she told The Post at the time. “He wanted me to leave the whole [stripping] thing in the Tidal Basin. But my going back to work started the whole thing up again . . . not because of the publicity but because I promised him for the kids’ sake I wouldn’t go back to being a stripper.”

Fresh off reelection to his 19th term in office and reportedly fortified with two bottles of vodka, Mills appeared in the wings during a performance by Ms. Battistella at Boston’s Pilgrim Theatre. As Mills teetered onstage, she later said, she tried to make light of the situation, announcing: “Ladies and gentlemen, I have a visitor for you, and he wants to say hello. Mr. Mills, where are you?”

“Here I am!” he declared as he wandered out grinning. The crowd, which included reporters who had been tipped to his presence, began to holler, whistle and stomp. Mills took a microphone and walked to center stage, rambling incoherently.

Then, backstage, Mills delivered one of the most excruciating news conferences ever captured on film. Slurring his words, and with barely controlled fury, he declared that all Ms. Battistella’s future performances were off, as she struggled to defuse his wrath.

Back in Washington, Mills was removed as Ways and Means Committee chairman and sought treatment for alcohol addiction. He claimed to have no memory of the entire year of 1974 and blamed his indiscretions on mixing alcohol with “some highly addictive drugs” for back pain. With his career in tatters and citing exhaustion, he left office in 1977 and became an advocate for recovering alcoholics until his death in 1992.

Ms. Battistella prospered — for a while — and wrote of her unyielding loyalty to Mills even after he disappeared from her life.

https://www.washingtonpost.com/local/obituaries/fanne-foxe-dies/2021/02/24/87c04e6e-5e4c-11ea-b014-4fafa866bb81_story.htmli

Perhaps, Mills’s claim that the entire year of 1974, during which he chaired the powerful House Ways & Means Committee, was a “no remember,” tells us all we need to know about the Congressional budget process.

Foxe rose to #3 on Time’s list of “10 Best Mistresses,” while she and Mills also achieved a coveted #3 ranking on Bloomberg’s list of “Ten Best U.S. Sex Scandals.” While Foxe’s “Bombshell” career eventually faded along with the memories, she proved to be as multi-talented and resourceful as many other immigrants. Reinventing herself, she remarried, moved to Florida, raised another daughter, had seven grandchildren, and earned a B.A. in communications, and Master’s degrees in marine science and business administration.

Quite a remarkable life! I’m surprised that nobody ever turned it into a movie. She also seems like someone who could have written a lively autobiography. But, perhaps she just wanted to move on. 

R.I.P. Fanne!

Now, about Elizabeth (“Can’t Type, File, Or Even Answer The Phone”) Ray, “secretary” to Rep. Wayne Hays (D-OH), then Chair of the House Administration Committee, self-styled “Meanest Man in the House,” who didn’t let his marriage to his legislative aide after divorcing his wife of 38 years interfere with his “arrangement” with Liz  . . . .  Obviously, Hayes was as good at “administration” as Mills was at balancing the budget. I checked and learned that Ms. Ray is 77 and still going strong!

Colorful times, with unforgettable characters, to be sure!

PWS

02-25-21

HISTORY: White Guys Can’t Ride! — What Can You Do But Get Some Black Guys To Show ‘Em How? — Just Don’t Let Them Walk Across The All-White “Campus!” 

Blacks at West Point
African Americans, who were part of the Army cavalry units known as Buffalo Soldiers, were brought in to teach horsemanship to cadets at the U.S. Military Academy in West Point, N.Y., in 1907. In the 1920s, they played on a segregated football team. (National Archives and Records Administration)

https://www.washingtonpost.com/history/2021/02/22/west-point-black-football-team/

Michael E. Ruane @ WashPost:

. . . .

“Every stellar general that you might name from World War II would have received their riding instruction and instruction in mounted drill from those Buffalo Soldiers,” said retired Maj. Gen. Fred Gorden, who was the first Black commandant of cadets at West Point, from 1987 to 1989.

“They brought what other White units did not bring,” he said. “They brought excellence. They brought mastery. They brought high discipline. They brought soldiers who were exemplary in appearance … and conduct.”

“Having been the commandant at West Point, you want the example that’s brought before [the cadets] to be the best that the Army has to offer,” he said.

. . . .

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

More of the real history of the US that Trump, Cotton, and the other GOP White Nationalists don’t want you to know!

PWS

2-24-21

⚖️🗽🇺🇸JUDGE GARLAND ACKNOWLEDGES REFUGEE HERITAGE — Does He Recognize That As He Testifies, Many Of His “Soon-To-Be Judges” @ EOIR Are Intentionally Screwing Vulnerable Asylum Seekers, Harassing Their Pro Bono Attorneys, Carrying Out Miller’s White Nationalist Agenda, & Otherwise Mocking Due Process, Fundamental Fairness, & Equal Justice For Persons Of Color?

Robin Givhan

Robin Givhan
Critic-at-Large
WashPost
PHOTO: slowking4, Creative Commons License

 

 

https://www.washingtonpost.com/nation/2021/02/22/merrick-garland-finally-speaks-his-words-were-worth-wait/

Robin Givhan writes @ WashPost:

. . . .

For the Republicans, justice is not something that “rolls down like waters,” it’s something that comes down like a hammer.

This was a failure that Sen. Cory Booker (D-N.J.) aimed to make clear when he asked Garland whether he was familiar with a biblical reference to justice that advises to “act justly and to love mercy.” Much of Booker’s questioning centered around racism within the criminal justice system — the disproportionate arrests of minorities, lousy legal representation for the poor, sentencing imbalances and the issue that caused Kennedy such befuddlement, implicit bias.

Garland acknowledged these issues, the flaws in the system, the need to change. And then he told in public, the story he’d told Booker in private about why he wanted to leave a lifetime appointment on the federal bench to do this job. It’s the most reasonable question, but one that so often is never asked: Why do you want to do this?

Garland acknowledged these issues, the flaws in the system, the need to change. And then he told in public, the story he’d told Booker in private about why he wanted to leave a lifetime appointment on the federal bench to do this job. It’s the most reasonable question, but one that so often is never asked: Why do you want to do this?

“I come from a family where my grandparents fled antisemitism and persecution,” Garland said. And then he stopped. He sat in silence for more than a few beats. And when he resumed, his voice cracked. “The country took us in and protected us. And I feel an obligation to the country, to pay back.”

“This is the highest, best use of my one set of skills,” Garland said. “And so I want very much to be the kind of attorney general you’re saying I could be.”

And that would be one focused on protecting the rights of the greatest and the least — and even the worst. Punishment is part of the job. But it’s not the definition of justice.

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

Read Robin’s complete article at the link. She can write! So delighted the Post got her off the “fashion beat” where her talents were being squandered, and got her onto more serious stuff!

Judge Garland’s awareness and humility are refreshing. But, unless he takes immediate action to redo EOIR and the rest of the DOJ’s immigration kakistocracy, it won’t mean much. 

Judge, it could have been YOUR family forced to suffer kidnapping, extortion, murder threats, family separation, and other overtly cruel and inhuman treatment in squalid camps in Mexico, waiting for “hearings” that would never come before “judges” known for denying almost 100% of claims regardless of merit! YOUR family’s plea for refugee could have been rejected by some nativist bureaucrat or “hand-selected by the prosecutor” “Deportation Judge” for specious, biased reasons!

YOUR family was welcomed! But what if the only thought had been how to “best deter” “you and others like you” from coming?

Maybe because you and yours are White and hail from Eastern Europe, the “rule of law” has a different meaning and impact than it would if you were Brown, Black, or some other “non-White” skin color and had the misfortune to be from a “shithole” country where we have no concern for what happens to humanity? Or, worse yet, what if your family’s claim had been based on your Grandmother’s gender status? You would really be out of luck under today’s overtly misogynist approach to refugee law flowing out of EOIR!

Then, where would you and your nice family be today? Would you even be? THOSE are the questions you should be asking yourself!

Unfortunately, it’s easy to see that folks like Cotton, Hawley, Cruz, and Kennedy will be deeply offended if you attack their White Nationalist privilege, views, and agendas in any meaningful way. 

And, if you actually make progress in holding the Capitol insurrectionists accountable, you’ll have to deal with the unapologetic, disingenuous, anti-democracy, insurrectionist actions of folks like Hawley and Cruz. That won’t be too “bipartisanly popular” with a GOP gang that just overwhelmingly worked and voted to ignore the evidence and “acquit” the “Chief Insurrectionist.”  Who, by the way, was a main purveyor of the institutionalized racism that infects EOIR and the rest of the DOJ. It’s no real secret that “America’s anti-democracy party” aids, abets, encourages, and exonerates White Supremacists and domestic terrorists. 

In the GOP world, “mercy” and “due process” are reserved for White guys like Trump, Flynn, Stone, White Supremacists, and “Q-Anoners.” Folks of color and migrants exist largely below the floor level of the GOP’s definition of “person” or “human.” For them, justice is a “hammer” to beat them into submission and punish them for asserting their rights.

So, restoring the rule of law at the DOJ is going to be a tough job —  you need to clean house and get the right folks (mostly from outside Government) in to help you. And, you must examine carefully the roles of many career civil servants who chose to be part of the problems outlined by Chairman Durbin in his opening remarks. 

You’re also going to have to “tune out” the criticism, harassment, and unhelpful “input” you’re likely to get from GOP legislators in both Houses who are firmly committed to the former regime’s White Nationalist agenda of “Dred Scottification,” disenfranchisement, nativism, and preventing equal justice for persons of color, of any status!

Think about all the reasons why you and your family are grateful for the treatment you received from our country. Then, think of the ways you could make those things a reality for all persons seeking refuge or just treatment, regardless of skin color, creed, or status. That’s the way you can “give back” at today’s DOJ! That’s the way you can be remembered as the “father of the diverse, representative, independent, due-process exemplifying 21st Century Immigration Judiciary!” 🧑🏽‍⚖️👩‍⚖️👨🏻‍⚖️

🇺🇸🗽⚖️Due Process Forever!

PWS

02-23-21

⚖️🇺🇸FOR AMERICA’S SAKE, BIDEN NEEDS TO BREAK DEMS’ LOSING STREAK ON FEDERAL JUDGES — Think Young!👩🏾‍🤝‍👨🏿🧑🏽‍⚖️👨🏻‍⚖️👩‍⚖️ — A Better Immigration Court Is Essential To A  Better Federal Judiciary!

shttps://www.washingtonpost.com/outlook/2021/02/16/court-appointments-age-biden-trump-judges-age/

By Micah Schwartzman and David Fontana write in WashPost:

. . . .

Assuming federal appellate judges decide, on average (and conservatively), at least several hundred cases per year, Trump’s judges will decide tens of thousands more cases than their Obama-appointed counterparts. To put it bluntly: The age of judges matters.

But Democrats still aren’t getting the message. At a Brookings Institution event in January, former attorney general Eric Holder touted racial and ethnic diversity — and diversity of professional background — but also said judges should only be appointed if they are 50 years old or older.

It would be a serious mistake for President Biden to follow that last piece of advice, and he would be repeating an error that Obama made. The Obama administration made substantial progress in diversifying the bench, but took a misguided approach when it came to age.

In an attempt to depoliticize judicial nominations, Obama mostly appointed highly experienced sitting judges and federal prosecutors during his first term as president. Senate Republicans rejected the olive branch, and in fact escalated obstruction of his nominees. Biden also wants to lower the temperature of partisan conflict, but there is no reason to think choosing older judges will have that effect.

Nominating younger judges is also crucial for developing leaders on the federal bench, including future Supreme Court justices. When presidents look for nominees to elevate to the high court, they usually select judges from the federal appellate courts. For example, Neil M. Gorsuch was a mere 38 years old when nominated (by President George W. Bush) to become an appellate judge, Brett M. Kavanaugh was 41 (also Bush), and Amy Coney Barrett was 45 (Trump). When later elevated to the Supreme Court they were 49, 53 and 48, respectively (average age: 50). Meanwhile, because Obama selected older judges, Biden will find only three Democratically appointed judges across the entire federal courts of appeals who are at that age or younger.

Younger federal judges have more time to build up a jurisprudence — a body of legal values, principles and judgments — as well as a professional network of other judges, lawyers and clerks who can develop, share and amplify their legal views. Republicans have long understood this: Many of their most famous and influential appointees were put on the appellate bench at young ages, including Frank Easterbrook (nominated at age 36), Michael Luttig (36), Kenneth Starr (37), Samuel Alito (39), Douglas Ginsburg (40), Clarence Thomas (41), Richard Posner (42), Antonin Scalia (46) and John Roberts (47).

If Democrats hope to shape the law for the next generation, they, too, need younger judges who have both the energy and a sufficiently long tenure on the bench to leave lasting legacies. Consider the example of Justice Sonia Sotomayor, who was one of President Bill Clinton’s youngest appellate nominees, at age 43; she was 54 when Obama nominated her to the Supreme Court in 2009. Over the past two decades, she has developed a distinctive and powerful voice on the bench. It’s unlikely she would have done so had she been nominated to the appellate court in her early-to-mid 50s.

The Biden administration has made an admirable commitment to diversifying the bench — signaling his intention to depart from Trump’s example. Not a single one of Trump’s 54 appointments to the appellate courts was African American. But there is no trade-off between youth and diversity. If anything, there are more women and more members of minority groups represented in the legal profession now than at any time in the past. At least when it comes to putting judges on the bench, this president can have it all. He can diversify the bench while at the same time appointing people who will be influential for decades, narrowing the partisan age gap in the judicial branch.

Micah J. Schwartzman is the Hardy Cross Dillard professor of law at the University of Virginia.

David Fontana is Samuel Tyler Research Professor at the George Washington University Law School.

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

Read the rest of this article at the: above link.

Absolutely right!

And, nowhere did the Obama Administration do a worse job than with the U.S. Immigration Courts which were entirely under their control at the DOJ! Can’t blame Moscow Mitch and his GOP Senate cronies for this failure!

As one of my Round Table ⚔️🛡 colleagues accurately described it:

I continue to repeat that following the Bush Administration’s terrible record for appointments based on Republican credentials and loyalty, Holder merely shuffled the deck of long-time EOIR bureaucrats, appointing as Chief IJ and BIA Chair and Vice-Chair individuals whose idea of leadership was keeping their heads down and doing what had always been done before.  There is presently a need for much more inspired appointments at the top.

Amen! I keep saying it: There needs to be an immediate “clean sweep” of EOIR so-called upper “management” and at the BIA. There are plenty of much better qualified folks out there who could “hit the ground running” on either a temporary or permanent basis.

Then, there must be a proper merit-based selection system with public participation and an active, positive recruitment effort that will attract a diverse group of “practical scholars” with actual experience representing asylum seekers and other migrants in Immigration Court. (“Posting” judicial vacancies on “USA Jobs” for a couple of weeks is both absurdly inadequate and “designed to fail” if your objective is to create a diverse expert judiciary of “the best, brightest, and most capable”).

Then, these merit-based criteria should be applied over time to “re-compete” all existing Immigration Judge jobs. These necessary steps will tie-in with the legislation to create an Article I Immigration Court. “Turn over” a top-flight “model judiciary” rather than the unmitigated disaster that now exists at EOIR.

An important consequence of the failure of Obama to build a better, progressive Immigration Judiciary is that it has deprived President Biden of a pool of younger progressive Immigration Judges with proven judicial credentials who, in turn, would have been prime candidates for filling Article III vacancies.

That’s not to say that some sitting Immigration Judges don’t have Article III credentials. Some undoubtedly have stood tall against the “Dred Scottification” of the Immigration Courts under Miller & Co. Not enough, but some.

However, had the Obama Administration acted with more wisdom, courage, and competence, the pool would be much larger — perhaps large enough to have put up a more concerted and higher profile resistance to the lawless, anti-immigrant, anti-due process agenda at all levels of EOIR over the past four years! 

Using better Immigration Judges as a source of progressive Article III Judges would also solve another glaring problem that has undermined equal justice and racial justice within the Article III Judiciary: the lack of expertise in immigration and human rights laws (which currently make up a disproportionate part of the Article III civil docket) and the human empathy and practical problem solving ability that comes from representing asylum applicants and others in Immigration Court. Nowhere is the lack of scholarship, integrity, and human understanding more obvious than with the woodenly anti-due process, anti-Constitutional, anti-rule-of-law performance of the tone-deaf and totally out of touch GOP majority on the Supremes in immigration, human rights, and civil rights cases. 

It’s no coincidence that the best-qualified of the current Supremes, Justice Sonia Sotomayor, has overtly “called out” her right wing colleagues’ inexcusable performance on cases affecting immigrants’ rights and human rights. It’s also no coincidence that in his new highly critical look at the failures of the Federal Judiciary in criminal justice, U.S. District Judge Jed S. Rakoff “would also require prosecutors to periodically represent indigent defendants so they appreciate the ‘one-sided nature . . . of the plea bargaining process.’” https://www.washingtonpost.com/outlook/2021/02/16/court-appointments-age-biden-trump-judges-age/

I guarantee that none of the current Supremes would put up with the outrageously unfair, biased, degrading, and dehumanizing practices intentionally and maliciously inflicted on vulnerable migrants and their attorneys on a daily basis at both the trial and appellate levels of our broken and dysfunctional Immigration Courts if they had personally experienced it. Nor should Judge Garland put up with the totally unacceptable status quo!

A better Immigration Court isn’t rocket science. It’s quite achievable on a realistic timeline. But, it will take both the will to act and putting the right “practical experts” (predominantly from outside the current Government) in place. Past Dem Administrations have failed on both counts, some worse than others. 

The Biden Administration can’t afford to fail on Immigration Court reform! For the sake of the vulnerable individuals whose lives are at stake! For the sake of America whose future is at stake!

🇺🇸🗽⚖️Due Process Forever!

PWS

03-21-21

🗽⚖️EUGENE ROBINSON @ WASHPOST “NAILS” THE REASONS WHY BIDEN IS ABSOLUTELY RIGHT ON IMMIGRATION REFORM & SMART TO MAKE IT A REAL PRIORITY!  — “But the Biden administration has shown a refreshing insistence on negotiating with the opposition rather than with itself.”

Eugene Robinson
Eugene Robinson
Opinion Columnist
Washington Post
Source: WashPost Website

https://www.washingtonpost.com/opinions/bidens-immigration-plan-is-ambitious-but-a-big-problem-demands-a-big-plan/2021/02/18/e341aa8e-7224-11eb-85fa-e0ccb3660358_story.html

. . . .

Donald Trump used anti-immigrant demagoguery to launch his presidential campaign, accusing the people who hoped to make their homes here of being “rapists” and “bad hombres” and calling — nonsensically — for all of them to be sent back to their home countries, where they would “go to the back of the line” for readmission to the United States. He used them as scapegoats whom the “Make America Great Again” crowd could blame for the nation’s ills. Republican senators who once believed in reality-based immigration reform, such as Marco Rubio (Fla.) and Lindsey O. Graham (S.C.), stopped resisting the party’s xenophobia and came to embrace it.

Democrats sought political advantage by being seen as anti-anti-immigration, seeking support by opposing GOP initiatives such as Trump’s border wall. Yet they were disappointed to see Trump’s share of the Hispanic vote actually grow from 2016 to 2020 — demonstrating, in my view, that theatrical demonstrations of solidarity are no substitute for coming up with policies that voters believe would actually improve their lives.

Are we really going to continue like this indefinitely? Are we going to consign 11 million people to an extralegal existence because our politicians find it advantageous to argue about their fate?

Biden’s proposal would allow farmworkers, migrants brought here as children and those who have “temporary protected status” because of threats in their homelands to apply for citizenship in three years. The rest of the undocumented would have to wait eight years to apply to be citizens. All would have to pass background checks; and the amnesty — let’s call it what it is — would cover only those in the country before Jan. 1 of this year to prevent a new surge of people trying to cross the border.

Would Biden settle for legislation that normalized the status of only some of the undocumented, but not all of them? He has already said he doesn’t want to but might. Would he accept whatever scraps of reform that could be achieved through the Senate’s reconciliation process, which requires only 51 votes instead of 60? If it came to that, he wouldn’t have a choice.

But the Biden administration has shown a refreshing insistence on negotiating with the opposition rather than with itself. In seeking covid-19 relief, for example, Biden is asking for $1.9 trillion rather than some less eye-popping amount. When he lays out his plans for improving the nation’s infrastructure and making the transition to green energy, he is expected to request even more. Polls show that voters want bipartisanship and compromise — but the first crucial step in that process is defining the range of possibilities.

Biden is asking not for a few minimal immigration fixes but for a comprehensive solution. This is a president who wants more than a return to the old ways: He’s shooting for a truly new normal.

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

Read the rest of Eugene’s op-ed at the link.

Well said, Eugene! “Negotiating with itself” is a good description of the Obama Administration’s ineffective approach to immigration. And, an Article I Immigration Court must also be part of the “think big — act boldly” immigration policy that America needs! “Reality-based immigration policy” — administered and staffed by experts and professionals — is exactly the right approach!

🇺🇸🗽⚖️Due Process Forever!

PWS

02-21-21

😢DIFFERENT TONE, BUT THE SAME OLD SONG — BOTTOM LINE:  BIDEN ADMINISTRATION WILL CONTINUE STEPHEN MILLER’S BOGUS BORDER CLOSING POLICY — Refugees Told That U.S. Will Continue To Violate Asylum Laws, Due Process “Until Further Notice” ☠️

 

Death On The Rio Grande
Supremes Sign Death Warrants For Vulnerable Refugees, Trash Refugee Act of 1980
Trump Dumping Asylum Seekers in Hondiras
Dumping Asylum Seekers in Honduras
Artist: Monte Wolverton
Reproduced under license
Remain in Mexico
A girl peers out from an encampment at the U.S.-Mexico border where she and several hundred people waited to present themselves to U.S. immigration to seek asylum. / Photo by David Maung

https://www.buzzfeednews.com/article/adolfoflores/biden-turning-away-immigrants-border-policy

by Adolfo Flores and Hamed Aleaziz in BuzzFeed News:

After days of confusion about changes along the southern border, the Biden administration on Wednesday said immigrants should not try to enter the US because most will still be turned away under a Trump-era policy that has recently come under legal scrutiny.

. . . .

Confusion about who was being allowed into the US in recent days forced the administration to issue a stronger warning. Last week, reports of some families being allowed into the US after being apprehended at the border resulted in speculation that immigrants would no longer be immediately expelled and instead be allowed to fight their immigration cases from within the United States. In the Rio Grande Valley in South Texas, immigration advocates have reported seeing about 100 people a day released by Customs and Border Protection. In other parts of Texas, shelters have also seen increasing numbers of immigrant families, but it is not clear why.

Attorneys and advocates who work with immigrants along the border have been bombarded with phone calls and texts about whether they should try their luck at getting into the US. Erika Pinheiro, policy and litigation director with the immigrant advocacy group Al Otro Lado, said it was “incredibly disappointing” that the Biden administration has continued to expel immigrants under the CDC order.

“We know now that the CDC order prohibiting asylum processing at the border did not arise from public health concerns but rather was part of Stephen Miller’s efforts to dismantle the US asylum system and was implemented despite opposition from CDC leadership,” Pinheiro said, referring to one of Trump’s former senior advisers. “US expulsions of asylum-seekers, including infants, constitute plain violations of domestic and international laws meant to protect vulnerable refugees. CBP absolutely has the resources to process asylum-seekers in a safe and humane way.”

The turnbacks, known as expulsions, are legally different from deportations, which would mean an immigrant had actually undergone the immigration process and found to not be legally allowed to stay in the US. Critics say the government is using the public health orders as an excuse to turn back immigrants at the border.

. . . .

“While we recognize that the Biden administration has been saddled with a lot of bad policy and structural problems, it cannot continue the Trump administration practice of turning away people in danger based on illegal policies, such as the notorious and pretextual Title 42 policy,” said Lee Gelernt, an attorney with the ACLU.

. . . .

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

Read the full article at the link.

“Go suffer and die somewhere else, out of our sight,” might not be the best message for an Administration trying to re-establish its human rights and humanitarian leadership and credentials. Ever hear of the “St. Louis Incident?” It’s always easy to find a way to “just say no” to refugees — and the consequences are seldom pretty. 

Those who won’t learn from history are destined to repeat it. Refugee and forced migration situations happen in the “here and now;” they can’t be “back burnered” — no matter how much policy officials might wish otherwise. In a forced migration situation, “doing nothing” is an action that produces consequences for both the forced migrant and those who ignore their plight.

There are many daily potentially deadly and dehumanizing consequences of continuing to ignore asylum laws and Constitutional due process for asylum seekers at our Southern Border.

One predictable one: Instead of turning themselves in at the border or to the Border Patrol shortly after entry, as had been happening until Miller & co. intervened, those seeking refuge apparently have gotten the message that our legal system is and remains a sham for them. Consequently, increasingly they are simply evading the Border Patrol and disappearing into the interior with no screening whatsoever — health, legal, or background. Also, by intentionally driving people out of the legal system, the Administration is totally blowing a chance to harness and build upon one of the most powerful known facts — represented individuals with asylum hearings scheduled show up for their hearings!

⚖️🗽OUTING THE BIG NATIVIST LIE: EOIR/DHS CLAIM THAT MIGRANTS DON’T SHOW UP FOR HEARINGS REFUTED BY USG’S OWN DATA — Professor Ingrid Eagly & Steven Schafer Analyzed Millions Of Records To Show How False Narratives Drive Draconian Policies — Eagley, Shafer, Reichlin-Melnick, Schmidt Set Record Straight @ Press Conference!

According to an article in today’s Washington Post, the estimated number of so-called “get always” — actually human beings seeking refuge — hit 1,000 on Sunday. 

https://www.washingtonpost.com/immigration/border-arrests-increased-in-january/2021/02/10/8604f714-6bc0-11eb-9f80-3d7646ce1bc0_story.html

Sure, there are many aspects of this problem. But, it has been “out there” for nearly a year!

Sure seems to me that with the right experts in charge, including folks like Lee Gelernt and Erika Pinhero, this issue could and should have been addressed more constructively and with much more urgency by the Biden Administration by now. Why not harness the expertise and proven problem solving abilities of folks like Lee, Erika, and many other members of the New Due Process Army rather than fighting with and resisting them? 

Instead, it looks like time and resources will continue to be wasted on forcing policy changes through litigation. Meanwhile, vulnerable asylum seekers and their families will continue to suffer as illustrated by this recent article from HuffPost about the human consequences for those caught up in the Government’s scofflaw border policies.

https://www.huffpost.com/entry/biden-trump-migrant-asylum-seekers_n_60219e61c5b6c56a89a39a32

NOTE TO PRESIDENTIAL PRESS SECRETARY JEN PSAKI: Sorry, Jen, but those fleeing for their lives don’t generally respond well to “don’t come right now, we don’t want you” messages, particularly from folks who have never been in that situation themselves. It’s actually pretty insulting to think that folks fleeing to the U.S. 1) aren’t smart enough to know the dangers involved; 2) don’t realize that the the U.S. Government doesn’t want them; and/or 3) have choices about their travel as Jen and her buddies might have when planning a summer vacation. 

As one of my esteemed colleagues once told me: “Desperate people do desperate things.” What about people who keep repeating the same policy mistakes over and over while expecting different results and failing to grasp either the absolute urgency or the human side of forced migration issues? It’s sort of like going to the emergency room with a burst appendix and being told, “Why don’t you just sit in the waiting room until we doctors figure out what to do? Get back to you later!”

Somewhere out there, Stephen Miller must be gloating about how he totally outsmarted and outflanked the Biden Team!

🇺🇸⚖️🗽Due Process Forever! Oh, when will they ever learn, when will they learn?

PWS

02-11-21

UPDATE: THE CONTINUING REAL TRAUMA CAUSED BY THE “REMAIN IN MEXICO PROGRAM” (A/K/A “LET ‘EM DIE IN MEXICO”) WHILE THE BIDEN ADMINISTRATION “STUDIES” THEIR NEXT MOVE:

Emily Green writes in Vice, as reposted in ImmigrationProf Blog:

https://lawprofessors.typepad.com/immigration/2021/02/the-trauma-of-being-stuck-at-the-us-mexico-border.html

 

Emily Green
Emily Green
Latin America Reporter
Vice News

PWS

02-11-21

⚖️🧑🏽‍⚖️👨🏻‍⚖️👩‍⚖️THE JUDICIARY: Has Justice Kagan Been Reading “Courtside?” (Her Recent Dissent Sounds Like It!)  — Plus:  The New Face Of A Better Federal Judiciary That Represents American Society Rather Than The Federalist Society?

https://slate.com/news-and-politics/2021/02/covid-elena-kagan-supreme-court-kill.html

From Justice Elena Kagan’s dissent in South Bay United Pentecostal Church v. Newsom:

I fervently hope that the Court’s intervention will not worsen the Nation’s COVID crisis. But if this decision causes suffering, we will not pay. Our marble halls are now closed to the public, and our life tenure forever insulates us from responsibility for our errors. That would seem good reason to avoid disrupting a State’s pandemic response. But the Court forges ahead regardless, insisting that science-based policy yield to judicial edict.

Justice Elena Kagan
Justice Elena Kagan
Photo: Mike Ball
Creative Commons License

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

https://www.washingtonpost.com/opinions/ketanji-brown-jackson-dc-appeals-court/2021/02/05/543bfeda-67f1-11eb-8468-21bc48f07fe5_story.html

Ruth Marcus writes about U.S. District Judge Ketanji Brown Jackson in WashPost: 

 . . . .

Still, Jackson, named to the district court by Obama in 2013, brings to the bench an intriguing — and for the Democratic Party’s restless progressives, attractive — piece of career diversity as well: experience as a public defender.

No current Supreme Court justice has the perspective of having been a public defender, representing indigent defendants, although several — Justices Samuel A. Alito Jr., Sonia Sotomayor and Brett M. Kavanaugh, in his role as associate independent counsel — have prosecutorial experience.

For Jackson, the daughter of two public school teachers (her father later became a lawyer), the criminal justice system has an unusually personal wrinkle as well: Her uncle was convicted of a low-level drug crime when she was a senior in high school, and was sentenced to life in prison under a draconian three-strikes law. (He had been convicted previously of two minor offenses.) He ended up receiving clemency from Obama after serving three decades.

She also brings the real-world perspective of a working mother. In a remarkably candid speech at the University of Georgia in 2017, Jackson described the challenges she encountered juggling private practice at a major law firm, marriage to a surgeon and motherhood to two young daughters.

“I think it is not possible to overstate the degree of difficulty that many young women, and especially new mothers, face in the law firm context,” she observed. “The hours are long; the workflow is unpredictable; you have little control over your time and schedule; and you start to feel as though the demands of the billable hour are constantly in conflict with the needs of your children and your family responsibilities.” How refreshing to hear from a self-confessed non-Superwoman.

. . . .

But a more obscure ruling, involving William Pierce, a deaf D.C. man who was imprisoned for 51 days after a domestic dispute, may offer more insight into Jackson’s belief in law as a mechanism for achieving justice. Corrections officials did nothing to accommodate Pierce’s disability, as the law requires, ignoring his repeated requests for a sign-language interpreter.

Jackson assailed prison officials’ “willful blindness regarding Pierce’s need for accommodation.” She said it was “astonishing” for D.C. to claim that it had done enough, when “prison employees took no steps whatsoever” to figure out how to help him. And she took the unusual step of ruling for Pierce even before trial.

You can learn a lot about a judge by the way she handles the biggest-profile cases, involving those at the highest levels of government. But perhaps the more revealing test is how she applies the law to help those with the least power and the greatest need for justice.

U.S. District Judge Ketanji Brown Jackson
U.S. District Judge Ketanji Brown Jackson
Washington D.C.
Official Photo
Creative Commons License

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

Read the full articles at the above links. “Willful blindness” and intentional abuses intended to “dehumanize” are daily occurrences in our warped and broken “immigration justice system” as almost any immigration/human rights/civil rights lawyer could tell you. It just operates below the radar screen, on the border, or in foreign countries (to which vulnerable humans seeking legal refuge are arbitrarily and capriciously “orbited”) where the very human trauma, torture, sickness, desolation, despair, and death are “out of sight, out of mind” to most Federal Judges and Justices. 

Yes, eventually journalists and historians will document for posterity the disastrous human rights abuses in which the Federal Judiciary is complicit. But, by then it will be far too late for those who have suffered and died while those in black robes shirked their legal and moral duties!

Judge Jackson understands exactly what’s missing from today’s all too often elitist, non-diverse, non-representative Federal Judiciary (including much of the Immigration Judiciary) who are tone-deaf to, and insulated from, responsibility for the human trauma and injustice caused by their bad decisions.  

Additionally, I can assure Justice Kagan that vulnerable refugees and asylum seekers (including children) have died and unnecessarily suffered lifetime trauma from the Supremes’ willful failure to enforce the Constitution against overt Executive tyranny in cases involving the “Remain in Mexico” (“Let ‘Em Die In Mexico”) Program, return of asylum seekers to torture and death with no due process whatsoever, and the “Muslim Ban.” 

Indeed, the Supremes’ majority’s abdication of responsibility in the latter case led directly to Trump’s eventual insurrection against the Capitol. He was assured early on by Roberts and others that he was above the Constitution, uncountable, and exempt from normal conventions governing human decency and treatment of the most vulnerable among us in the 21st Century. I/O/W, “Dred Scottification” of the “other”  — a 21st Century “Jim Crow Regime” — was A-OK with the GOP Supremes’ majority “forever insulat[ed] . . . from responsibility for [their] errors.”

Today in particular, our nation still struggles with the sense of impunity and unaccountability improperly conferred by a dilatory Supremes’ majority on their party  and its leader. Insurrection, violence, attempted overthrow of democracy — it’s all “no problem” to a tone-deaf Supremes’ majority unconcerned with the fate of our democracy.

After all, the Trump’s magamoron rioters weren’t storming their marble halls — just those of the supposedly co-equal branch across the street. But, what might have happened if they had actually stood up against Trump? He might have identified them as “the enemy” and sent his rioters their way! Worth thinking about, Oh Cloistered Ones far removed from the pain and suffering you help cause and countenance!

A better judiciary 🧑🏽‍⚖️👨🏻‍⚖️👩‍⚖️ for a better America! Bring on the “practical scholars” and those with actual experience representing the mostly vulnerable among us (asylum seekers are a prime example) in court. 

🇺🇸⚖️🗽Due Process Forever!

PWS

02-09-21

HISTORY: 160 YEARS AGO A GANG OF TRAITORS AND OATH BREAKERS LED AN ARMED INSURRECTION THAT KILLED 620,000 AMERICANS — Then, “Whitewashed” American History Turned Them Into False “Heroes,” While Loyal American Citizens Were Lynched & Systematically Denied Their Constitutional & Human Rights!

 

Colfax Massacre
Gathering the dead after the Colfax massacre, published in Harper’s Weekly, May 10, 1873

https://www.washingtonpost.com/outlook/a-southerner-who-abandoned-the-lost-cause/2021/02/04/5d01effc-5031-11eb-bda4-615aaefd0555_story.html

John Reeves reviews Ty Seidule’s “Robert E. Lee & Me” in WashPost:

January 1872, Jubal Early, a former Confederate corps commander, delivered an address at Washington and Lee University in Lexington, Va., to honor Robert E. Lee, who had recently died. Believing that Lee was one of the finest military leaders in history, Early declared, “Our beloved Chief stands, like some lofty column which rears its head among the highest, in grandeur, simple, pure and sublime, needing no borrowed lustre; and he is all our own.” In subsequent years, Early and several elite ex-officers would deify Lee while creating the Lost Cause interpretation of the Civil War. According to that view, the war wasn’t about slavery but rather states’ rights. And the North won only because of its superior resources. An additional tenet is that Lee was the greatest soldier in the war on either side.

At the same time the Lee myth was being created, former rebels began reinforcing white supremacy all across the South. In Walton County, a rural community in Georgia, the Ku Klux Klan terrorized freedmen after the war. In 1871, Jake Daniels, an African American blacksmith from the county, was killed by 20 disguised men after refusing to repair a buggy for a White man, who still owed him money from previous jobs. The Klansmen showed up at Daniels’s door in the middle of the night. Daniels went outside but quickly recognized the danger. He tried to reenter his house but was shot in the back of the head. The men then shot him five or six more times before leaving the scene.

This type of violence was not uncommon in the South in the 19th and 20th centuries. In Georgia alone, 589 people were lynched between 1877 and 1950. As Ty Seidule writes in his powerful new book, “Robert E. Lee and Me,” “If Lee and Confederate worship created one side of the white supremacy coin, violent terror to enforce racial domination provided the other side.”

Seidule tells the story of his transformation from a believer in the Lost Cause to a critic. Growing up in Virginia and Georgia, he worshiped Lee. It was only later, as the head of the history department at the U.S. Military Academy, that he discovered the truth about Confederate myths. Seidule writes: “I grew up with a lie, a series of lies. Now, as a historian and a retired U.S. Army officer, I must do my best to tell the truth about the Civil War, and the best way to do that is to show my own dangerous history.”

Seidule has written a vital account of the destructiveness of the Lost Cause ideology throughout American history. He shows how films, textbooks and memorials promoted white supremacy by glorifying traitors and enslavers like Lee and other Confederate leaders. Perhaps the best attribute of this fine book is the author’s honesty. When talking of his personal metamorphosis, he vows to “quit hiding behind the impartial, know-it-all historian and open up about the southerner, the boy who grew up on Lee idolatry, and the man who wrapped his identity around the heroes of the Confederacy. Be honest. Be vulnerable. Above all, tell the truth.”

. . . .

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

Read the rest of the review at the link. 

It’s never too late for the truth. 

Lots of White folks still have the audacity to be upset and offended because “their” factionalized account of U.S. history — one that even those of us who grew up in the North were fed to a large extent — is (finally and incrementally) being replaced with a more accurate accounting of the truth, unhappy as facing it sometimes can be. 

“Their” myths and false narratives are more important than the many African-American lives and futures snuffed out by racism. Shows that BLM has it right — the myths and fabricated visions of the past so integral to the White self-esteem of many are more important than the lives and futures of African-Americans snuffed out by institutionalized racism, much of it perpetrated by our Government and our legal system.

A frank accounting of our past, the good, the bad, and the ugly, is a necessary step to our moving forward as a nation.

PWS

02-08-21

💸TAXPAYERS’ BILL FOR TRUMP’S ELECTION FRAUD, SHENANIGANS, & FALED INSURRECTION — HALF A BILLION $ & GROWING!

Trump Regime Emoji
Trump Regime

From WashPost:

Trump’s lie that the election was stolen has cost $519 million (and counting) as taxpayers fund enhanced security, legal fees, property repairs and more

By Toluse Olorunnipa and Michelle Ye Hee Lee

Feb. 6, 2021

46

President Donald Trump’s onslaught of falsehoods about the November election misled millions of Americans, undermined faith in the electoral system, sparked a deadly riot — and has now left taxpayers with a large, and growing, bill.

The total so far: $519 million.

The costs have mounted daily as government agencies at all levels have been forced to devote public funds to respond to actions taken by Trump and his supporters, according to a Washington Post review of local, state and federal spending records, as well as interviews with government officials. The expenditures include legal fees prompted by dozens of fruitless lawsuits, enhanced security in response to death threats against poll workers, and costly repairs needed after the Jan. 6 insurrection at the Capitol. That attack triggered the expensive massing of thousands of National Guard troops on the streets of Washington amid fears of additional extremist violence.

Although more than $480 million of the total is attributable to the military’s estimated expenses for the troop deployment through mid-March, the financial impact of the president’s refusal to concede the election is probably much higher than what has been documented thus far, and the true costs may never be known.

. . . .

**********

Read the rest of the article at the link.

Bad government doesn’t come cheap! The absurdity of the biggest liar, grifter, fraudster in American Presidential history falsely claiming fraud — and having cowardly dishonest pols like Cruz, Hawley, and McCarthy fan the flames — isn’t lost on the majority of us outside of “magamoron world.”

 

And remember, the “GOP — Party Of Insurrection, Lies, Conspiracy Theories, Bad Government, & Irresponsibility — still refuses to stand up to this vile traitor and his magamoron supporters!

PWS

02-06-21

CATHERINE RAMPELL @ WASHPOST: Biden Must Undo Trump Regime’s Domestic Terrorism Aimed @ Children, Immigrants, & Communities Of Color!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post, PHOTO: WashPost

 

https://www.washingtonpost.com/opinions/2021/02/04/trump-created-toxic-environment-immigrants-biden-must-remedy-that/

. . . .

A recent report from the Urban Institute found that more than 1 in 6 adults in immigrant families reported avoiding a government benefit program or other help with basic needs last year because of immigration concerns. This chilling effect was so persistent that households where every foreign-born member had already been naturalized said they’re avoiding benefits. Just to be safe.

Despite an ongoing national crisis with record levels of illness, financial stress and hunger.

“More than once, pediatricians have told us they’ve had children come in so sick and so malnourished that [Child Protective Services] had been called on these families,” said Cheasty Anderson, director of immigration policy and advocacy at Children’s Defense Fund-Texas. Struggling parents believe they’re “on the horns of this dilemma,” she said. They think they must choose between accepting food and medical assistance for their children — or face possible deportation, and thus separation from their children.

That’s what the Trump administration has conditioned them to believe.

Given trends so far — particularly those declines in childhood immunizations — advocates worry that the “public charge” rule might discourage immigrants from getting themselves or their children vaccinated against covid-19. Which would affect the well-being of not just these immigrant families, of course, but their surrounding communities as well. Some advocates have expressed frustration that the Biden administration hasn’t immediately rescinded the rule. Formal repeal is likely a ways off, assuming the administration goes through the usual (cumbersome, protracted) rulemaking process.

But even if the order that Biden signed this week was really more about marketing than action, that pro-immigrant P.R. is valuable. After all, “most of the original damage was done by messaging,” as the Center for Law and Social Policy’s executive director, Olivia Golden, told me. It can, and should, be undone by the same means.

If we want immigrant families to stay healthy — and keep their nonimmigrant neighbors healthy, too — the government needs to put better policies on the books. But it needs to rebuild immigrants’ trust in those policies, too. That part may ultimately be harder.

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Read Catherine’s full op-ed at the link.

Using government resources to undermine public confidence in government. Could it get any stupider and more evil?

But, let’s not forget that the bureaucratic kakistocracy at DHS, DOJ, and other agencies happily carried out and promoted the Trump/Miller bogus, racist, anti-immigrant narratives. That’s going to make it challenging for Secretary Mayorkas and incoming AG Garland to change the policies, change the messaging (if you want to see how brutally corrupt and manipulative the DHS “PR Kakistocracy” was, check out the highly acclaimed documentary “Immigration Nation”), and change the attitudes and the reality at the “retail level” — the DHS field offices and the Immigration Courts.

But it’s a challenge they must meet and conquer — for the sake of our nation.

Also, it’s worth remembering that the Supremes’ GOP majority dishonestly bent the rules to interfere with lower Federal Court rulings that had properly blocked this invidious, White nationalist, nativist attack on American communities — targeting communities of color and low-income communities. Just another example of how the Supremes’ elitist right wing majority operates outside reality (the factual record of comments from experts opposing this bogus “rule” was simply overwhelming and basically ignored by the Trump regime and the Supremes’ majority) and without regard or understanding of the human and public policy consequences of their skewed “Dred Scottifying” rulings. They are also above accountability, which makes their abuse of the most vulnerable among us even more disgusting and cowardly.

I think it’s highly unlikely that we’d see the same tone deaf misapplication of the law if it were the Justices’ kids, grandkids, neighbors, and friends unnecessarily suffering from illness and malnutrition aggravated by racist government policies. No more Justices and Federal Judges who have spent their adult lives studiously ignoring the rights and problems of those struggling to get by in a society where the rules are designed to protect the White ruling class rather than all persons living here.

It’s very clear that for GOP Justices, most of the time, only some lives and rights matter and are worth protecting. The rest of humanity can “go pound sand” as far as they are concerned.

For Pete’s sake, guns and corporate entities get more protection from the Roberts’ Court than do asylum seekers whose lives are at stake! As Justice Sotomayor says: “This is not justice.”  The question remains of why we have Supremes who all too often promote injustice and fail to resist evil?

⚖️🗽🇺🇸Due Process Forever! 

PWS

02-06-21