"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
Professor Erin Barbato Director, Immigrant Justice Clinic UW Law Photo source: UW LawSara McKinnon Professor, U.W. Madison Sara L. McKinnon is Professor of Rhetoric, Politics & Culture in the Department of Communication Arts, and Faculty Director of Latin American, Caribbean, and Iberian Studies. She is co-chair of the Human Rights Program PHOTO: U.WJorge Osorio Director, Global Health Institute Jorge Osorio, DVM, Ph.D., M.S., is a professor in the Department of Pathobiological Sciences in the School of Veterinary Medicine. Osorio has had a lengthy career in medical sciences, including virology, field epidemiological studies, vaccinology,… PHOTO: U.W.
A policy and research collective of the University of Wisconsin-Madison focused on assessing migration policy and developing ways to reduce risk and harm to make movement and residence safer for migrants throughout the Western Hemisphere. We approach this goal from a range of methodologies and perspectives, and share our work in a range of formats including research reports, policy documents, field briefings, narratives and stories, videos, and audio recordings or podcasts. We hope you find our research and information to be helpful in your own work.
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Get more information on this amazing initiative at the above link.
Also, here’s a link to a video of the recent UW Global Health Symposium, where Sara and Erin explain their truly amazing work in detail (starting at about 1:22 of the video):
I am also proud that my U.W. Law ’73 classmate retired Judge Tom Lister and I will be Erin’s guests at a public luncheon presentation at the U.W. Law School tomorrow (April 23, 12pm-1pm, ) where will will discuss, among other topics related to justice, our concept for “Judges Without Borders.” This innovative idea ties in well and supports the objectives of the Migration In The Americas project of analyzing and providing accurate, unbiased information about the situations of migrants before they reach our border utilizing the huge potential of retired State and Federal judges.
We hope you will join us if you are in the Madison area! (The room assignment was “pending” when the flyer went to press, so you should call the Clinic or ask at the Law School on arrival for the latest).
Hon. Thomas Lister Retired Jackson County (WI) Circuit Judge
You can read more about “Judges Without Borders” here:
Professor Erin Barbato Director, Immigrant Justice Clinic UW Law Photo source: UW Law
Good morning Judge Schmidt,
I hope this email finds you well. It is already getting chilly in Wisconsin but fall is one of my favorite seasons here. In case you are interested, this is a little piece that Newsy put together about a lovely family and Ngwa, an asylum seeker from Cameroon, who became part of their family. How a Cameroonian Immigrant Was Granted Asylum in the U.S. (VIDEO) (newsy.com) I do believe there are other families like this across the country willing to welcome people. The political use of humans seeking refuge is horrifying these days.
Thank you for all you do! I appreciate you.
Erin M. Barbato
Director Immigrant Justice Clinic
University of Wisconsin Law School
975 Bascom Mall
Madison, WI 53706
(608)262-2276
She/Her/Hers
The University of Wisconsin-Madison is built on the ancestral land of the Ho-Chunk Nation. In an 1832 treaty, the Ho-Chunk were forced to cede this territory. We respect the inherent sovereignty of the Ho-Chunk Nation, along with the eleven other First Nations of Wisconsin.
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View the video at the above link! Thanks, Erin, my friend for sending this in and for all that your and your wonderful students do for humanity and for Due Process in America! Many thanks to the Swandbys and other great American families for standing by refugees in need and being role models for the best in America at a time when so many of our politicians and their followers are “modeling bad behavior and lack of fundamental values!”
It’s always good to keep in mind that many Americans do have sound values and welcome asylum seekers and other immigrants, rather than using their situation to engineer political farces at the expense of vulnerable humans who have come here seeing legal refuge and are allowed to be in the US while pursuing their claims. As I have pointed out many times, any government official truly interested in addressing migration issues would prioritize spending money for 1) representation of asylum seekers, 2) orderly relocation to places where support systems are available and asylum claims are more likely to be fairly an timely adjudicated. But, that would take a thoughtful, cooperative, governing for the common good approach rather than wasteful political stunts.
Voters in both Florida and Texas will have a chance to remove their “stuntmen” in November. Unfortunately, however, it’s not clear that will happen.
We also shouldn’t let the Biden administration “off the hook” for: 1) failing to put in place a reasonable program for resettling asylum seekers away from stressed border communities; 2) the abject failure of the Immigration Court’s asylum adjudication process which is driving much of the haphazard response to legal asylum seekers; 3) the failure to achieve meaningful reforms, training, and appropriate staffing of the USCIS Asylum Offices (even assuming that the “new asylum regulations” were the answer, the implementation has been inexcusable, inept, and ineffective, just as many experts predicted); 4) the gross failure to establish a robust, generous, realistic refugee admission system for the Western Hemisphere to process refugees for admission before they are forced to come to our borders; and 5) their overall failure of leadership on refugee and asylum issues in both the national and international arenas.
Preseason “experts” predicted that the Wisconsin Badgers, returning only one starter (G, Brad Davison), would finish well down in the Big-10 — 10th place, or even 12th out of 14 squads. Last night, Coach Greg Gard’s gang proved the doubters wrong with a stirring, hard-fought70-67 win over the #8 Purdue Boilermakers (24-6, 13-6)before a capacity home crowd at the Kohl Center!
Wisconsin led for most of the game. But, behind stars Jadon Ivey (22-5-5) and Zach Edey (17-9-0), the Boilers went on a 14-2 run to take a one-point lead with 7:42 left. The Badgers rallied and appeared to have things in hand when Brad Davison (7-4-0) was fouled with 16 seconds to go and the Badgers up 67-64. Davison, the B-10’s best free-throw shooter (88.2%), had hit 25 in a row, and was in position to make it a two-score game.
But, shockingly, he missed the front-end of a one-and-one. Edey rebounded and when Ivey hit a tough 3-point shot to tie it at 67 with 11 seconds to go, overtime looked to be in the offing. But, freshman guard Hepburn (17-0-2, 0 turnovers) wasn’t having it. When his 3-pointer hit the glass and banked in with 1.5 to go, the game effectively was over. A last second desperation pass by Purdue was intercepted by forward Tyler Wahl (19-2-2) to seal the deal, as the crowd stormed the court and Gard prepared to cut down the net.
Johnny Davis Guard-Forward Wisconsin Badgers PHOTO: Wikipedia
In addition to Hepburn’s heroics, likely B-10 player of the year Johnny Davis (16-8-1) was key in the second half, although he couldn’t match his previous 37-point performance against the Boilers.
Wahl continues to be one of the most under-rated players in the conference if not in the country. He led the Badgers with 19 points, adding two rebounds, two assists, five steals, and two blocked shots. Again, he was consistently able to “post-up” the taller Edey and Purdue and made clutch shots in the paint. He plays like he’s 6-11, not 6-7. He’s also a great defender and perfectly ready to hit the floor to get after loose balls.
Wisconsin has now won 15 games in a row that were decided by 6 points or fewer. With a victory over Nebraska (9-21, 3-16) in Lincoln on Sunday, the #10 Badgers (24-5,15-4) will be the outright conference champs for the first time since 2015. While that might not seem like a difficult task, the last place Huskers are not necessarily an “easy out.” They have won their last two, including a 78-70 victory over #23 Ohio State last night.
Greg Gard Coach Wisconsin Badgers PHOTO: Twitter
No matter how it comes out, Gard should be the B-10 Coach of the Year for the job he has done with a team that everyone predicted was “bound for nowhere!”
Living 120 miles apart, family shares hopes and anxieties while navigating ‘chaotic’ resettlement process
Lamha Nabizada spent nearly six months at Fort McCoy, a 60,000-acre Army base in Monroe County, Wis., before she was relocated with part of her family to Rockville, Md. Here, she looks through the window of a hotel room on Feb. 22, 2022, during the family’s search for permanent housing. She is among 76,000 Afghans evacuated to the United States during the country’s largest resettlement operation since the Vietnam War. (Eman Mohammed for Wisconsin Watch)
By Zhen Wang February 28, 2022 Wisconsin WatchIn her final hours living at Fort McCoy, an Army base in rural Monroe County, Wisconsin, Lamha Nabizada searched for an interesting place to pose for a photo at this reporter’s request. The task wasn’t easy.“Everywhere is the same thing, same barrack,” the 27-year-old told Wisconsin Watch.Venturing outside into frigid air, she posed in front of a flagpole and gun turret.It was Feb. 6, the day before Nabizada and her 22-year-old brother Masroor would travel to Maryland — continuing a resettlement journey that began last August when the Taliban took over Afghanistan’s capital of Kabul. They were among tens of thousands airlifted from the country with passports, legal documents and little else.Nearly six months later, the siblings were among the last to leave Fort McCoy, which housed as many as 12,600 Afghans.
Lamha felt mixed emotions as she prepared to leave: hope for new opportunities and anxiety about moving to an unfamiliar place.
“I don’t know what will happen in the future,” she said.
On Feb. 15, Fort McCoy became the seventh of eight U.S. military installations to send its final evacuees to host communities. Four days later, the eighth base cleared out the last of the 76,000 total evacuees who arrived for the largest resettlement operation since the Vietnam War.
Through Feb. 23, Wisconsin had resettled about 820 of the 850 Afghan evacuees currently slated for the state, according to Bojana Zorić Martinez, director of the Wisconsin Department of Children and Families’ Bureau of Refugee Programs.
Zorić Martinez said serving so many people at once was difficult. Aside from housing, they need Social Security numbers, jobs, food and other basic items.
Evacuees are eligible to apply for benefits available to refugees, according to the federal Office of Refugee Resettlement. That includes job preparation, English language training and medical aid. They may also be eligible for other federal benefits such as Medicaid and food assistance.
Zorić Martinez said the system shrunk under Trump, who slashed the country’s refugee cap each year he was in office, which meant less money for resettlement agencies.
“We are now seeing the consequences of that,” she said.
Zhen Wang joined Wisconsin Watch as a reporting intern in May 2021. At UW-Madison, she is pursuing a master’s degree in journalism, honing her investigative journalism skills, and preparing herself for a career in health care journalism. She previously worked for the Guardian Beijing bureau and China Daily. Before joining the journalism industry, she worked in various sectors and obtained a master’s degree in international relations in New Zealand. She speaks Chinese and is a member of Asian American Journalists Association.
More by Zhen Wang / Wisconsin Watch
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Reprinted from Wisconsin Watch under Creative Commons License. Full story available at the link. Nice reporting by Zhen Wang!
Here are some additional quotes from Zhen’s article from my good friend and NDPA superstar Professor Erin Barbato of the U.W. Law Immigration Clinic, among the many clinical teams who have “stepped up” for Afghan refugees:
“The government has to provide more resources, if we’re going to ensure that everybody has their basic needs met during this transition time, and it’s wonderful to see people in the community coming together,” said Erin Barbato, director of the Immigrant Justice Clinic at the University of Wisconsin Law School. “But that’s not going to solve the problem for everybody.”
The legal clinic is helping evacuees file for asylum and training attorneys to represent them in that process — positions that are in short supply. Barbato and other immigration experts fear some people will fall through bureaucratic cracks unless the federal government takes action to stabilize the system.
. . . .
Barbato, the UW legal clinic director, said the two-year parolee status leaves evacuees vulnerable to future deportation — a potentially deadly proposition. The U.S. asylum program last year faced a backlog of nearly 413,000 applications.
Congress has historically passed such laws to protect evacuees from U.S. military conflict zones, including in Vietnam and Iraq.
Echoing immigration advocates and veterans, Barbato said an Afghan Adjustment Act, which has yet to be introduced in Congress, could pave a safer, quicker path to citizenship. Lawmakers must also inject more resources into the immigration bureaucracy, she added. How these resources are allocated will shape the fate of applicants who have waited years in the queue — as well as new Afghan arrivals.
Professor Erin Barbato Director, Immigrant Justice Clinic UW Law Photo source: UW Law
Juwan Howard Michigan Head Men’s BB Coach PHOTO: https://www.marc-gregor.com/Main Creative Commons License “Coach Howard is getting some time off to work on his ‘courtside manner.’”
By Paul Wickham Schmidt
Courtside Sports
Feb. 22, 2022
Michigan Head Basketball Coach Juwan Howard was suspended Monday for the balance of the regular season (five games) and fined $40,000 for delivering a bizarre “head slap” to Wisconsin Assistant Coach Joe Krabbenhoft following the conclusion of the Badgers dominating 77-63 victory over the Wolverines Sunday afternoon in Madison. The penalty was imposed by the Big-10 Conference.
Wisconsin Coach Greg Gard was fined $10,000 by the Big-10 for an apparent “illegal touching” of Howard, while two Michigan players and Wisconsin reserve guard Jahcobi Neath were suspended for one game for throwing punches in the televised melee that followed Howard’s assault on Krabbenhoft.
Howard, a former star at Michigan and in the NBA, delivered a “rote apology” for his actions following the suspension. This was after lamely appearing to defend his conduct at the postgame press conference.
Howard’s claim that he was outraged by a timeout call by Gard with 15 seconds left and that he felt “threatened” in the “handshake line” (which he initially tried to avoid) after being touched on the arm by the 52-year-old, full-head-shorter Gard, who has never “gone after” anyone, failed to pass the “straight face test,” although many members of the media and commentators appeared to accept it at face value. This is the second major “out of control” incident for Howard, who was ejected from a game last season after threatening then Maryland Head Coach Mark Turgeon.
Howard’s childish conduct gained instant national media coverage, overshadowing what should have been the real story: a near perfect second half coached by Gard and executed by his Badger squad. Led by breakout sophomore sensation guard Johnny Davis, who scored 11 straight at one point, the home team broke open a game that had been tied at the half.
Davis finished with 25 points, 6 rebounds, an assist, and 3 blocked shots on defense. Perhaps, Howard’s frustration with being out-coached by Gard and his team seriously outplayed by Davis and his Badger mates was what really was behind the unusual and uncalled-for outburst.
Coach Gard’s Badgers have been one of the better stories in NCAA Men’s hoops. Unranked preseason and picked to finish in the “lower bracket” of the 14-team Big-10, Bucky is now 21-5, ranked 13th nationally, 12-4 conference, and tied with Illinois for second place, just one-half game behind Purdue for the league lead! The Badgers beat the Boilermakers earlier on the road on a night featuring another dominating 37-point performance from Davis.
Davis has been the pleasantly unexpected difference. As a freshman “off the bench” last season, he averaged 7 points and 4 rebounds per game. His “high game” was 17 points. He was a solid, but hardly awe-inspiring, presence.
This season he averages more than 20 and leads the team in scoring, rebounds, and assists while playing tough defense. He is a serious contender for national player of the year. Davis gets lots of help from his friends: scrappy senior forward Brad Davison, highly skilled junior post forward Tyler Wahl, 7-foot inside-outside threat sophomore center Steven Crowl, and calm, cool, and collected freshman floor leader and point guard Chucky Hepburn.
While many expect Davis to be off to the NBA after his breakout season, the Badger faithful are savoring every moment of his extraordinary play. He has developed a “step back, off balance, fade away” jump shot that is basically un-defendable, as the Wolverines learned on Sunday.
As for Howard, with the loss, his Wolverines find themselves in jeopardy of missing the “Big Dance,” with a lackluster 14-11 record (8-7, B10). Perhaps, that will give Howard a little more “time off” to work on his anger management and “role model” skills. They certainly need to improve, and fast, if he is to have a future in college coaching. Assistant Coach Phil Martelli, previously the long-time Head Coach at St. Joseph’s, will take the Wolverines’ helm during Howard’s suspension.
🏈SPORTS: EXPOSED!— Badgers End B-10 Season With Inept Effort @ MN!— No Offense, Little D, Lead To Embarrassing Loss, Avoids Facing Michigan In Big-10 Title Game!
By Paul Wickham Schmidt
Courtside Exclusive
November 28, 2021
When the Wisconsin Badgers took the field in Minneapolis on Saturday, afternoon they knew they were one win over the then 7-4 Gophers away from a rematch with the Michigan Wolverines in the Big Ten Title Game next Saturday. For the next 60 minutes, the Badgers looked every bit like a team that wanted to avoid that potential matchup. (Michigan beat the Badgers 38-21 at Camp Randall in October). In the process, the Badgers also lost “Paul Bunyun’s Axe” for the second time in the past four years while being subjected to the Gopher fans’ imitation of Wisconsin’s “patented jump around.”
Wisconsin was soundly beaten on both sides of the ball by a modestly talented, yet better coached and clearly more motivated, Gopher team. The Badgers failed to score an offensive touchdown. Their sole trip to the end zone came in the first half on a lucky tipped “pick six” by Scott Nelson.
For the second straight week, Coach Jim Leonhard’s “shut down” Badger defense couldn’t get a “less than awesome” offense off the field, particularly yesterday when it counted. The Gophers controlled the tempo of the game from opening kickoff to final whistle.
Perhaps the “best” illustrations of Badger futility came early in the second half. Ahead 10-6 despite a lackluster first half, the Badgers received the second half kickoff with a chance to “make a statement.” They did! But, not the kind they wanted.
Deep in his own territory, Badger QB Graham Mertz lofted a weak pass to 6th year receiver Kendrick Pryor, who made only a half-hearted effort to catch it. Instead the Gopher defender took the ball away, setting up a short field. Three plays later, the Gophers trotted into the end zone to take a 13-10 lead as a bewildered Badger “D” passively looked on.
On the following possession the Badgers drove methodically inside the Minnesota 10. With second and two from the Gopher five, three downs to make 2 yards, and a then a potential four downs to score, the Badgers appeared destined to retake the lead. Instead, they were forced to settle for a tying field goal that proved to be their last score.
The Golden Gophersthen scored the final 10 points and held the Badgers at bay to notch the 23-13 victory. Badger freshman “sensation” running back Braelon Allen was a non-factor. The Badger “O Line’s” inability to open holes was matched by Allen’s failure to break tackles. The few attempts to hit Allen ‘in space” ended with him being stoned by Gopher defenders.
Badger senior tight end Jake Ferguson was another non-factor. Big Ten defensive coordinators have finally figured out how to defend him, particularly in the “red zone.” By contrast, Badger Coach Paul Chryst doesn’t seem to have developed an alternative.
Mertz is a good athlete, but at best an average “pocket passer.” Why not roll him out to create a run option when the receivers are covered? At least force the opposing D to make some difficult choices!
So, instead of a trip to the Big Ten Title Game in Indianapolis next week, the Badgers (8-4, 5-3) “earned” another trip to a “Podunk City Piddly Bowl” against a failed team from a different conference. The “B-Team” announcers sentenced to that (non) “classic,” will be required to shill about the wonders of the Badger defense, the prowess of Allen, and the brilliance of Head Coach Paul Chryst and Defensive Coordinator Jim Leonhard.
But, that won’t hide the truth about a mediocre team that once again underperformed preseason expectations.
Patrick Marley reports for the Milwaukee Journal-Sentinel:
MADISON — Shirley Abrahamson, the first woman to serve on the Wisconsin Supreme Court and its long-time chief justice, died Saturday after being diagnosed with pancreatic cancer, her son said Sunday. She was 87.
During her four decades on the court, Abrahamson developed a national reputation as a leader in liberal judicial thought.
“Among jurists I have encountered in the United States and abroad, Shirley Abrahamson is the very best,” U.S. Supreme Court Justice Ruth Bader Ginsburg said in a 2019 video message played at a ceremony for Abrahamson.
“As lawyer, law teacher and judge, she has inspired legions to follow in her way, to strive constantly to make the legal system genuinely equal and accessible to all who dwell in our fair land,” said Ginsburg, who died this September, just three months before Abrahamson.
Democratic Gov. Patrick Lucey appointed Abrahamson to the state Supreme Court in 1976 after Chief Justice Horace Wilkie died. Abrahamson stayed on the court for 43 years, longer than anyone else in state history.
“When I joined the court, I was given a voice — a voice that I have not hesitated to use,” Abrahamson said in a 2018 statement announcing she would not seek another term the following year. “The best expression of appreciation I can give the people who have elected and repeatedly re-elected me is to continue to speak with the clarity, forthrightness and compassion that come from a life I have tried to devote to service and to justice for all.”
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Read the rest of the compelling story of Chief Justice Abrahamson at the link.
I had then Professor Abrahamson for Tax Law at Wisconsin Law back around 1972.While she didn’t inspire me to become a tax lawyer, I remember her as a brilliant intellect and a formidable presence in class. A Professor whose every word you wanted to record. She also made a very complex subject understandable. That’s something I’ve always tried to do in the field of immigration.
I last saw her at a UW Law Reunion a few years ago. She was reminiscing to our group on her career and related to us how although she graduated at the top of her law school class, she had no job offers because of her gender. While I found her rise to the very top of our profession inspirational, I also felt outraged by the bias and stupidity of those who passed over such a brilliant intellect, who also had great leadership qualities, based solely on her gender.
R.I.P. ChiefJustice. You inspired generations of us to continue the fight for social justice and equal justice for all.
I feel privileged to have had you for a teacher and role model.
JR Radcliffe Sports Reporter Milwaukee Journal SentinelRose Lavelle US Women’s Soccer
JR Radcliffe reports for the Milwaukee Journal-Sentinel:
University of Wisconsin product Rose Lavelle scored a goal on the biggest stage in women’s soccer, the World Cup final, Sunday at Stade de Lyon in Lyon, France. Her strike gave the United States a 2-0 lead over the Netherlands.
Lavelle, a 24-year-old native of Ohio and former Badgers star soccer player, has been a breakout star in the World Cup, starting with two goals in the first U.S. match in group play and continuing with a highlight-reel “nutmeg” maneuver in the semifinal win over England.
Lavelle was three times an All-American at UW and four times a member of the All-Big Ten squad during her time with the program from 2013-16. She was the first overall pick in the 2017 National Women’s Soccer League draft. .
Congrats to Rose and the rest of her amazing teammates on a truly remarkable accomplishment: back to back World Cup Championships! What great competitors and role models!
No, The U.S. Women don’t deserve to be paid the same as the U.S. Men — they totally deserve to be paid significantly more based on demonstrated results and what they have done for soccer and the US!
CALL US CRAZY, BUT . . . . THERE ARE SOLUTIONS TO THE IMMIGRATION COURT BACKLOG PROBLEM THAT WILL ENHANCE FAIRNESS & DUE PROCESS WITHOUT BREAKING THE BANK — It Just Requires Some Imagination, Initiative, & An Unswerving Commitment To Putting Due Process & Fairness First — The “Lister-Schmidt Proposal”
The other day I got a call from my good friend and UW Law classmate, retired Wisconsin State Judge Tom Lister. The conversation went something like this:
TOM: Schmidt, I’ve been reading about the backlog in your blog — 1.1 million cases! No way it’s going to be solved just by hiring more judges. But, hey, I’m out here living well in retirement, and I’d be happy to help out. And there are hundreds, perhaps thousands of other retired judges throughout the U.S who probably would be willing to pitch in too.
ME: Yeah, sounds nice Tom, but I doubt there is any money in the EOIR budget for hiring retired judges. They once claimed they would bring back some of my retired colleagues, but the program doesn’t seem to have gone anywhere.
TOM: I don’t need a salary. I’m willing to volunteer! Just pay my incidentals.
ME: Well, then there’s this thing called the Anti-Deficiency Act that prevents agencies like DOJ from accepting free services. It would take some kind of statutory waiver . . . .
By that time, I felt that I was retreating into just the type of bureaucratic “yes-buts” or “passive yeses” that I used to hate during my days as a bureaucrat right up until the present.
But, what if Congress created an independent Immigration Court free of the “bureaucratic no-nos” that plague the DOJ bureaucracy? And what if the system were run by actual sitting judges committed to using “teamwork and innovation” to solve problems, institute “best practices,” and aspire to become “the world’s best tribunals” guaranteeing fairness and Due Process for all?”
Maybe we’d have things like this:
SENIOR JUDICIAL DUE PROCESS BRIGADE
Retired judges of all types would be trained and available to assist the Immigration Courts in dealing with “surges,” retirement waves, changes in the law, and other “emergencies” on a volunteer basis.
DIVISION A: RETIRED IMMIGRATION JUDGES
They could be trained to handle all types of immigration cases on a volunteer “as needed” basis. This would be very similar to the Senior Judge Corps used by other Federal Courts.
DIVISION B: RETIRED JUDGES FROM OUTSIDE THE IMMIGRATION BENCH
They could be trained to handle certain types of Immigration Court adjudications that are primarily fact-findings that would require some basic knowledge of immigration law but not the degree of specialized expertise that might be expected of a permanent Immigration Judge. Like “Division A” they would be volunteers, requiring expense reimbursement only.
Obvious candidates for “Division B Judges:”
Cancellation of Removal all types where basic eligibility is uncontested and the only issues are hardship and discretion;
Bonds where there are no statutory eligibility issues;
Adjustments of Status;
“Voluntary Departure Only” cases;
Master Calendars;
Withdrawals and other stipulated cases;
Status Conferences;
In Absentia dockets.
ASYLUM OFFICER MAGISTRATE BRIGADE
Put the Asylum Officers under the Immigration Courts where they can be used for a wide range of adjudications much like U.S. Magistrate Judges. This would include, but not be limited to, asylum, withholding, and CAT cases. Another obvious candidate would be certain Non-Lawful-Permanent Resident Cancellation of Removal cases.
Since the existing USCIS program would be folded in, the expenses of this conversion would be minimal and the possibilities for improving justice, due process, and efficiency limitless!
This is by no means the full extent of what could be done to improve the delivery of justice and fairness in the U.S. Immigration Courts. But, to let the “creative juices and efficiencies flow,” it will require Congress to move the Immigration Courts out of the DOJ and create an independent court where judges are free to work as a team and with “stakeholders” to solve problems, rather than creating new ones or aggravating existing ones.
“MADISON – Amid all the defeats and disasters Democrats have suffered in Wisconsin, there’s one spot on the map that gets brighter for them all the time.
The capital city and its suburbs comprise one of America’s premier “blue” bastions.
Dane County’s liberal tilt is nothing new.
But obscured by the Democratic Party’s statewide losses since 2010 is the rapid, relentless growth of its voting power.
Fueled by a tech boomlet, Dane is adding people at a faster rate than any county its size between Minnesota and Massachusetts. Between 2015 and 2016, it accounted for almost 80% of Wisconsin’s net population growth and is now home to more than 530,000 people.
“It is just stunning what has happened,” said economic consultant and former university administrator David J. Ward, describing a physical transformation that includes an apartment-building spree in downtown Madison as well as Epic Systems’ giant tech campus in suburban Verona, a new-economy wonderland where more than 9,000 employees (many in their 20s) work in a chain of whimsical buildings planted in old farm fields.
What’s going on in Dane County is gradually altering the electoral math in Wisconsin. Dane has been growing about four points more Democratic with each presidential contest since 1980, while adding thousands more voters every year. As a result, it packs an ever stronger political punch. Democrats won the county’s presidential vote by a margin of roughly 20,000 votes in 1984, 50,000 votes in 1996, 90,000 votes in 2004 and almost 150,000 votes in 2016.
Mobilized against a lightning-rod Republican governor (Scott Walker) and president (Donald Trump), these voters are poised to turn out in droves for the mid-term elections this fall. Organized political groups and informal political networks proliferate here, some with deep roots, some triggered by the state’s labor and recall fights, some sparked by Bernie Sanders’ presidential run last year, some spurred by Trump’s election.
“I’ve never seen this level of political activity,” said Democrat Mark Pocan, who represents Madison and the surrounding area in Congress.
Part of an ongoing series: Wisconsin in the age of Trump.
Craig Gilbert of the Journal Sentinel is on a fellowship established through Marquette University Law School’s Lubar Center for Public Policy Research and Civic Education. The fellowship is aimed at providing support for journalism projects on issues of civic importance. All the work is done under the direction of Journal Sentinel editors.
“Right now, as (county) clerk, I have to assume crazy turnout,” said Scott McDonell, who orders the election ballots for Dane County. “Because people are so intense about wanting to send a message.”
Dane is the embodiment of some of the Democratic Party’s rosiest national trend lines: a growing appeal to the young and college-educated and a growing dominance in prosperous metropolitan areas.
But Dane also points to the double-edged nature of that appeal. A parade of GOP victories in 2010, the 2012 recall fight, 2014 and 2016 shows that this area’s rising clout guarantees nothing for Democrats when it’s offset by deep losses in small towns and northern blue-collar battlegrounds like Green Bay and Wausau. In 2016, Dane delivered a bigger vote margin for Hillary Clinton than it did for Barack Obama, but Clinton lost the state thanks to her (and her party’s) epic collapse in rural counties.
These two dynamics — Dane getting bigger and bluer, northern Wisconsin getting redder — are at the heart of the battle for Wisconsin.
Some strategists in both parties believe the two are at least partly connected; that Democrats’ increasing reliance on Madison (and Milwaukee, the party’s other anchor) makes it harder for them to compete for more conservative blue-collar and rural voters.
When Madison Mayor Paul Soglin joined the vast Democratic field for governor last month, Walker immediately played the “Madison” card.
“The last thing we need is more Madison in our lives,” said Walker on Twitter, saying “businesses have left and murders have gone up.”
Democrats scoffed at Walker’s grim portrayal of the city and accused him of beating up on a place that embodies the economic success he covets for the state.
The episode set off a round of feuding over whether Madison is a damaging symbol for Democrats because of its left-wing image or an increasingly attractive one because of its economic vigor.
“We’re obviously doing something right and a lot better than the way (Walker) is doing it for the rest of the state. And it’s not because we’re the home of the state university and it’s not because of state government, because he has spent the better part of the last seven years strangling them,” said Soglin in an interview, arguing that his city represents a growth model of investing in education and quality of life and “creating a great place where people want to be.” (He contrasted it to the use of massive subsidies to bring FoxConn to Wisconsin).
Dane County Executive Joe Parisi, who also bristled at Walker’s tweet, pointed to the state’s new ad campaign to draw millennials from Chicago, noting the Madison area is the one place in Wisconsin attracting that age group in significant numbers. (Many of Epic’s employees settle in downtown Madison and take a dedicated bus every day to the Verona campus.)
“Guess where millennials want to live? In communities that are tolerant, that invest in quality of life, that care about their environment, that provide recreational opportunities for them, a thriving downtown — everything Dane County has. We’ve worked on that,” Parisi said.
In a statement for this story, Walker political spokesman Brian Reisinger said that contrary to what his opponents say, the governor isn’t anti-Madison.
“The governor believes there are good people in Madison, like everywhere else in Wisconsin. But that doesn’t change the harm of a liberal governing philosophy that pits those hard-working families against their best interests. The governor enjoys a Badger game as much as anyone — the point is, Madison would be much better off if it had lower taxes and a better business environment, like the rest of Wisconsin does under his leadership.”
“It was liberal Madison politicians who gave us big budget deficits, massive tax increases, and record job loss,” Reisinger said.
But if the story of Madison figures in the campaign debate this year, the conversation could be awkward for both sides.
Walker is faced with the inconvenient fact that Wisconsin’s fastest-growing county is a place Republicans love to put down and where his party could hardly be less popular. National studies and stories in recent years have singled out Madison as an emerging technology hub for health care, life sciences, even gaming — much of the growth rooted in the University of Wisconsin and its myriad research centers. Madison routinely makes “best cities” lists. Nonstop flights to San Francisco are starting this summer, a sign of its tech growth. Dane has added far more private-sector jobs than any other Wisconsin county since Walker took office. And in a state where more people are moving out than moving in, it has experienced a net in-migration of more than 20,000 since 2010. No other county in the state is close.
You could argue that the tech-fueled expansion in greater Madison is the state’s brightest economic story, and Epic, the health care software firm that has been adding almost 1,000 employees annually, its brightest business story. But Walker, an aggressive cheerleader for Wisconsin’s economy, has not mentioned either in his eight “state of the state” speeches.
Meanwhile, this area’s prosperity creates its own “messaging” challenge for Democrats, who are painfully aware that “Madison” comes with baggage for some Wisconsinites, whether they see it as a symbol of government or left-wing politics or intellectual elitism or urban culture.
“It’s all of that combined, which in my mind is why it’s so powerful. It’s whatever part of it irks people,” said UW-Madison political scientist Kathy Cramer, who chronicled perceptions of the state’s capital in her book, “The Politics of Resentment,” about rural attitudes toward cities and their effect on politics.
Economics may be adding another wrinkle to this dynamic. Cramer said that Madison’s relative prosperity has the potential to provoke either “pride” or “resentment” elsewhere in the state.
Zach Brandon, a Democrat and head of the Greater Madison Chamber of Commerce, laments Madison-bashing, but said, “Madison, too, has to make sure it’s telling a story that doesn’t separate us from the rest of Wisconsin.”
Thanks to Trump’s election, Walker’s victories and even the attention Cramer’s book has received here and nationally, voters and activists here seem more sensitive than ever to their cultural and political distance from some parts of the state and how that can influence elections.
“You get up in these others parts (of) Wisconsin and they don’t like Madison people,” said Ronald Stucki, a Democratic voter in Dane County, who was interviewed as he spoke to a party volunteer canvassing in the city last month.
Some Madison progressives said they hoped Democrats don’t nominate someone from Madison against Walker because they feared it would make it harder to win votes elsewhere. The party’s very crowded field includes several Madison candidates, and the Democratic U.S. senator on the 2018 ballot, Tammy Baldwin, is from Madison.
(The actual history of Madison Democrats in big statewide races isn’t a bad one at all: winners include Baldwin for Senate in 2012, Russ Feingold for Senate in 1992, 1998 and 2004, and Jim Doyle for governor in 2002 and 2006; losers include Feingold for Senate in 2010 and 2016 and Mary Burke for governor in 2014.)
There is no way to really measure whether, or how much, the Democratic Party’s growing reliance on Madison and Milwaukee has contributed to the party’s struggles elsewhere in the state. Both trends are part of a growing partisan divide nationally between cities and small towns and between college grads and blue-collar voters.
In private conversations, GOP strategists differ over how to view the inexorable growth in Dane’s voting power. Some say it puts Democrats in a political box, dragging them further to left and out of touch with “average” voters. They also note that it’s little use to Democrats in legislative races since that vote is so concentrated geographically.
But some in the GOP are troubled by the trend lines. While many rural Republican counties are losing population, the bluest part of the state is growing the fastest — and still getting bluer. Even the burgeoning suburbs outside Madison have shifted sharply Democratic.
For many years, the Republican answer to Dane was Waukesha County, the big, ultra-red, high-turnout suburban county west of Milwaukee. But Dane has been adding more jobs and more voters than Waukesha County for many years. Since 2010, it has added five times as many people as Waukesha County. In fact, Dane’s combination of size, one-party dominance, growth and extreme turnout has few analogs anywhere in the U.S. And while Wisconsin’s rural voters have a history of swinging, the unflagging expansion of the Democrat vote around Madison is the most enduring trend anywhere on the Wisconsin political map.
What does that mean for elections beyond 2018?
Craig Gilbert talks about his Lubar Fellowship analyzing Wisconsin in the age of Trump. Mike De Sisti, Milwaukee Journal Sentinel
Here is how pollster Charles Franklin of the Marquette Law School quantified Dane’s trajectory: based on a nearly 40-year trend line in presidential voting, the Democratic Party’s winning margin in Dane County is growing by more than 15,000 votes every four years. That’s bigger than the winning margin in two of the state’s past five presidential contests.
Here is another way to measure it:
Back in 1980, Dane County accounted for 7% of the statewide vote and gave Democrats a 17-point advantage. When you multiply those two numbers together, it means Dane boosted the party’s statewide performance by a little more than one point. Its “value” to Democrats has quintupled since then. In 2016, Dane accounted for more than 10% of the statewide vote and voted Democratic by almost 50 points. Multiply those numbers together, and it means Dane boosted the party’s statewide performance by 5 points.
In their Wisconsin victories, Walker and Trump overcame this trend by making their own deep inroads elsewhere. But as long as it keeps getting bluer and growing faster, Dane County may become harder for Republicans to neutralize.
Craig Gilbert is reporting an ongoing series on the shifting political landscape in Wisconsin after the state helped propel Donald Trump to the White House.
A view of new apartments and construction along E. Washington Ave. in Madison. Fueled by a tech boomlet, Dane is adding people at a faster rate than any county its size between Minnesota and Massachusetts. Between 2015 and 2016, it accounted for almost 80% percent of Wisconsin’s net population growthand is now home to more than 530,000 people. As its population grows, Dane County’s voting power also growing. Michael Sears / Milwaukee Journal Sentinel”
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Energizing, registering, and “getting out the vote” are critically important. The “will of the real majority” across the country is what the GOP really fears! And, that’s what didn’t prevail in 2016! That’s why the GOP is so dedicated to voter suppression and gerrymandering! And skewing the census data against ethnic minorities and Democrat-leaning jurisdictions is high on the Trump/Sessions “suppression of democracy” agenda.
Here’s a sense of “deja vu.” When I was at U.W. Law School in the early 1970s, now Madison (and Dem Governor hopeful) Mayor Paul Soglin was one of my classmates. He actually sat in front of me in Environmental Law, although he seldom actually made a physical appearance. That’s probably because he was busy being the “Boy Wonder” progressive City Councilman who eventually ousted Madison’s arch-conservative GOP Mayor and became the “Boy Mayor” while Cathy and I were still living on Madison’s East Side.
After being out of office for a while, he made a “comeback” and is now Mayor of “MAD-CITY” again! Not a “Boy Wonder” any more. But, still “stirring up the pot.”
