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NYT: President Trump Will Order Wall!

https://www.nytimes.com/2017/01/24/us/politics/wall-border-trump.html?_r=0

This breaking story from the NYT was passed on by Dan Kowalski over at LexisNexis:

“President Trump will order the construction of a Mexican border wall on Wednesday, White House officials said, and is mulling plans to stop Syrian refugees from entering the country and to slash immigration of refugees from “terror prone” nations, perhaps as early as this week.”

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No real surprises here. I had previously reported that the U.S. taxpayers will be on the hook for the cost of the border wall with only President’s Trump’s assurances that the Mexican Government will be reimbursing us.

And, as I have said many times before, I wake up every morning thankful that I woke up and that I’m not a refugee (particularly in today’s climate).

Interestingly, according to a recent Pew Research Center Poll, only a minority of Americans (39%) think that building a wall is a priority, while a majority (62%) favor legalization of those residing here without authorization and continuing to admit refugees on a humanitarian basis (61%). However, a majority of those surveyed (58%) do agree with President Trump that increasing deportations is important and that there should be stricter enforcement of those overstaying temporary visas (77%).

There does appear to be an opportunity for the Trump Administration to establish some type of national consensus on immigration. However, it does not appear to be exactly the same program that President Trump presented during his campaign. So, it would require some flexibility on all sides.

Read the complete Pew Research poll t this link:

http://www.pewresearch.org/fact-tank/2017/01/06/less-than-half-the-public-views-border-wall-as-an-important-goal-for-u-s-immigration-policy/

PWS

01/24/17

VOX News: Supreme Short List — Trump To Go With A U.S. Appeals Judge — Judges Gorsuch (10th C), Hardiman (3rd C), & Pryor (11th C) Top List!

http://www.vox.com/policy-and-politics/2017/1/24/14372842/donald-trump-supreme-court-gorsuch-hardiman-pryor

“Now, Politico’s Eliana Johnson and Shane Goldmacher report that Trump has narrowed the choices to three, all of whom are on federal appeals courts:

Neil Gorsuch, 49, of the 10th Circuit Court of Appeals (which covers Colorado, Kansas, New Mexico, Utah, Wyoming, and Oklahoma)
Thomas Hardiman, 51, of the Third Circuit Court of Appeals (which covers Delaware, New Jersey, and Pennsylvania)
William “Bill” Pryor, 54, of the 11th Circuit Court of Appeals (which covers Alabama, Georgia, and Florida)
Johnson and Goldmacher report that Gorsuch and Hardiman have an advantage and Pryor’s chances have waned.

All three finalists are white men appointed to their posts by George W. Bush, but they vary in background and in how contention [sic] their nominations would likely be.”

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Read full bios of all three judges at the above link. Reportedly, after the Republicans “stonewalled” the Garland nomination, the Democrats are not going to be racing to complete the confirmation process for the late conservative icon Justice Antonin Scalias’s replacement. But, in the end, the Republicans have the votes to put President Trump’s nominee on the Court. And, given that all three of these judges have been previously vetted and confirmed for prestigious U.S. Court of Appeals judgeships, barring any surprises, President Trump will get his choice.

Interestingly, I heard on a news report today that the average time lapse between formal nomination and confirmation for a Supreme Court Justice is 70 days. Compare that the with the snail-paced hiring process for U.S. Immigration Judges who are Executive Branch employees and do not require Senate confirmation.

The U.S. Immigration Judge hiring process sometimes takes a year or more. While in the past judicial hiring was sometimes completed in 70 days or less, those days are long gone. What’s the deal here? Most of the recent Immigration Judge appointees have been from Government backgrounds and already had security clearances. And, background clearances, although important, are basically a ministerial/administrative process, not “rocket science.” With more than half a million pending cases and many judicial vacancies (which might or might not be frozen) there remarkably does not seem to be any sense of urgency in the DOJ/EOIR judicial hiring process. Go figure!

PWS

01/24/17

The Guardian Reports That Trump Will Issue Executive Order Restricting Refugee, Visa Admissions From Syria & Other Countries!

https://www.theguardian.com/us-news/2017/jan/24/trump-immigration-executive-orders-refugees

The Guardian reports:

“Donald Trump was expected to sign several executive orders restricting immigration on Wednesday, at the Department of Homeland Security, according to several congressional aides and immigration experts briefed on the matter.

Trump’s orders were expected to involve restricting access to the United States for refugees and some visa holders from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen, said the aides and experts, who asked not to be identified.”

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It’s always bad to be a refugee. Nobody wants to be one. But, it’s even worse in today’s world.

PWS

01/24/17

Rivkin & Grossman In WSJ: Why Captive Administrative Courts Are “Built To Fail” In Delivering Due Process!

http://www.wsj.com/articles/when-is-a-judge-not-really-a-judge-1485215998

David B. Rivkin, Jr. and Andrew M. Grossman write in the WSJ:

“Administrative law judges are agency employees. The proceedings they oversee provide fewer protections than court cases. They also tend to set stern deadlines and limit the right to factual investigation, often leaving defendants to rely on the SEC’s evidence. According to a 2015 Wall Street Journal analysis, the agency’s shift paid off: Through the beginning of that year, it won 90% of cases in its in-house court, compared with 69% of regular court cases. Administrative decisions can be appealed to court but are rarely reversed. That’s because the judges apply a deferential “clear error” standard to the agency’s factual findings.

The due-process problems inherent in this arrangement are apparent. Less obvious, at least to the SEC, is that it also violates the Constitution’s Appointments Clause, which requires Senate hearings and confirmation votes for department heads and other senior officials. To promote political accountability, the Constitution also requires that “inferior officers” with significant responsibility be appointed by the president or senior officials who are confirmed by the Senate.”

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Although Rivkin and Grossman were writing about Administrative Law Judges within the SEC, most of the same arguments could be made about U.S. Immigration Judges within the Department of Justice.

The article suggests that if successful, challenges to the existing administrative judiciary in the Article III Courts might bring down the entire 80-year largely failed experiment with specialized administrative courts attempting to mete out justice within the enforcement arm of the Executive Branch. That, in turn, would require the creation of more truly independent specialized courts, such as the Tax Court and the Bankruptcy Court, and/or the transfer of many additional cases to the Article III Courts, where they perhaps could be handled by appointing more U.S. Magistrate Judges.

PWS

01/24/17

WSJ: Torture Still The Norm For Human Rights Lawyers In PRC!

http://www.wsj.com/articles/beijing-breaks-lawyers-1485121205

In an editorial today, the WSJ writes:

“That was the case for prominent lawyer Gao Zhisheng. After being detained in 2006, Mr. Gao recanted his confession and described how police tortured him. He was detained and tortured again in 2009. He described that experience too, and the authorities have not released him again. Then there was the fate of Li Chunfu, a lawyer released on Jan. 12 after 500 days of detention. He is now mentally ill, diagnosed with schizophrenia.

One of Mr. Xie’s captors threatened him with the same fate. “I’m going to torture you until you go insane,” he said. “Don’t think you’ll be able to continue being a lawyer once you get out. You’re going to be a waste of a person.”

Mr. Xie’s wife, Chen Guiqiu, issued a statement on Thursday, saying, “Let the world know what forced confession through torture is, what shamelessness without limit is.” That same day, she was detained.”

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Just because the PRC has become a worldwide economic power and frequent tourist destination, doesn’t mean we should forget that it is a brutal one-party state where dissent is not tolerated.

PWS

01/24/17

President Trump Taps Career Prosecutor Rod J. Rosenstein For #2 Slot At Justice!

https://en.m.wikipedia.org/wiki/Rod_J._Rosenstein

“Rod J. Rosenstein (born in 1965) is the United States Attorney for the United States District Court for the District of Maryland and a former nominee to the United States Court of Appeals for the Fourth Circuit.

President-elect Donald Trump nominated Rosenstein to serve as Deputy Attorney General for the United States Department of Justice on January 13, 2017.”

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Mr. Rosenstein appears to be a good choice for Deputy Attorney General. Traditionally, the Deputy Attorney General has, among many other duties, had primary responsibility for overseeing the Executive Office for Immigration Review (“EOIR”), which administers the U.S. Immigration Courts. Hopefully, Mr. Rosenstein’s extensive “hands on” experience in the Article III Federal Courts — he still personally litigates some cases — will lead him to focus some positive attention on the situation of the overwhelmed U.S. Immigration Courts.

Mr. Rosenstein’s full Wikipedia bio is at the above link.

PWS

01/24/17

Washington Post: Q&As On Fed Hiring Freeze — Many DOJ Employees (Including Immigration Courts) Might Be Exempt — Employees On Board On 01-22-17 NOT Affected!

https://www.washingtonpost.com/news/powerpost/wp/2017/01/23/what-does-a-hiring-freeze-mean-for-the-federal-workforce/?hpid=hp_rhp-top-table-main_freeze-pp-1213pm:homepage/story&utm_term=.16a898e72b47

“Are all federal employees affected?

No. The wording of his memorandum exempts “military personnel” and says “the head of any executive department or agency may exempt from the hiring freeze any positions that it deems necessary to meet national security or public safety responsibilities.”

“Military personnel” generally refers to those in uniform, but if Trump also means civilian employees of the Defense Department, that alone would exclude about a third of the workforce.

Exempting public safety could wall off much of other large agencies such as the Justice Department and the Department of Homeland Security. If public safety includes public health workers, more would be excluded.

. . . .

How would a freeze be implemented?

Trump’s order says “no vacant positions existing at noon on January 22, 2017, may be filled and no new positions may be created, except in limited circumstances.” The directors of the Office of Management and Budget and the Office of Personnel Management were told to “recommend a long-term plan to reduce the size of the Federal Government’s workforce through attrition. This order shall expire upon implementation of the OMB plan.” The memorandum also “does not revoke any appointment to Federal service made prior to January 22, 2017.”

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Looks like understaffed Immigration Courts might be able to continue hiring. But, can’t tell for sure at this point. If somebody out there has more specific information relating to Immigration Court hiring, please let me know.

PWS

01/23/17

Judge Posner, Split 7th Circuit, Slam IJ, BIA On Denial Of Protection To Honduran With HIV!

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D01-19/C:15-2619:J:Posner:aut:T:fnOp:N:1898108:S:0

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The case, full text at the above link, is VELASQUEZ‐BANEGAS, v. LYNCH.

I agree with Judge Posner’s bottom line that protection should have been granted on this record. But, I think that he was overly harsh on the Immigration Judge.

These would be difficult cases for any judge at any level of our system. One of the significant problems is that the Appellate Division of the Immigration Court, the Board of Immigration Appeals (“BIA”) has failed to provide adequate positive guidance on granting protection.

The overwhelming number of BIA precedent cases dealing with asylum, withholding of removal, and relief under the Convention Against Torture are denials by the BIA. But, even with asylum grant levels leveling off and actually falling slightly over the past several years, the majority of applicants for protection actually qualify for some form of relief at the trial level based on fear of persecution or torture.

The unnecessarily negative approach of the BIA in its precedent decisions both gives a misleading negative guidance to Immigration Judges and creates the impression with U.S. Court of Appeals Judges that the system is even more skewed against applicants than it actually is.

Although I agreed with the majority in Velasquez, I think that the concluding paragraph of the Judge Ripple’s dissent also makes some good points:

“Immigration cases always pose a special burden on United States judges. As Jacques Maritain so eloquently put it: “We are all wounded souls.” See Jacques Maritain, Réflexions sur lʹAmerique 87–91 (1958). Every American, including every United States judge, has a family memory that includes ancestors who came from some place where life was not as good as it is here. The DNA of our national character makes it very difficult to tell an individual that he cannot enjoy the same liberty, safety, and security that we enjoy. When the individual suffers from a medical condition that cannot be treated as well in the country to which he is returned, basic humanitarian values make the task even more difficult. No doubt, those who must make necessary policy choices and those who must enforce those choices feel, or should feel, that same angst. But immigration must be regulated, and, in this Country, national policy is set by Congress and enforced by the Executive. Our own task as judges is limited. Because the immigration judge’s determinations were supported by substantial evidence, I respectfully dissent.”

Food for thought.

PWS

01/23/17

N. Rappaport Critiques Latest “Sanctuary Cities” Bill!

http://thehill.com/blogs/pundits-blog/immigration/315706-gops-sanctuary-city-crackdown-takes-the-meat-cleaver-approach

Nolan Rappaport writes in The Hill:

“Federal financial assistance refers to assistance that non-federal entities, like cities, “receive or administer in the form of grants, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, or other assistance.”

Conditioning federal funds in this manner has been found to be permissible when the conditions “bear some relationship to the purpose of the federal spending,” but Barletta’s bill does not require a showing that a substantial number of undocumented immigrants are receiving the federal financial assistance that it would cut off.

Sanctuary cities are subject to federal laws that prohibits withholding immigration related information from federal immigration officials, but the meat cleaver solution that Barletta is proposing to enforce those laws is not the answer.

Moreover, sanctuary cities have alternatives to defying federal law.”

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Nolan has written a number of previous articles, posted and indexed on immigrationcourtside, dealing with various aspects of the “Sanctuary Cities” issue.

PWS

01-23-16

Washington Post: As Promised, President Trump Imposes Federal Hiring Freeze — Impact On Immigration Courts Unclear!

https://www.washingtonpost.com/news/powerpost/wp/2017/01/23/trump-freezes-federal-hiring/?tid=hybrid_collaborative_1_na&utm_term=.ec045f3827e3

“President Trump issued an executive order Monday freezing federal hiring. The hiring freeze excludes national security employees.

A hiring freeze was included in the Trump presidential campaign’s “Contract with the American Voter.” It was the second of six measures “to clean up the corruption and special interest collusion in Washington, D.C.” and part of his “100-day action plan to Make America Great Again.”

The plan excludes the “military, public safety, and public health.”

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I imagine we will hear shortly from the DOJ/EOIR on how this affects hiring for the U.S. Immigration Courts. Stay tuned.

PWS

01/23/17

Fox News: DACA Might Not Be On Trump’s Chopping Block, According To Priebus!

http://www.foxnews.com/politics/2017/01/22/priebus-hints-trump-has-no-immediate-plan-to-end-obamas-daca-for-young-illegals-seeks-long-term-fix.html

Fox News Politics reports:

“President Trump has no immediate plans to use his executive powers to undo the Obama administration’s order that protects some young illegal immigrants known as “dreamers,” White House Chief of Staff Reince Priebus made clear Sunday, in previewing the new administration’s first full week.

“I think we’re going to work with the House and Senate leadership, as well as to get a long-term solution on that issue,” Priebus told “Fox News Sunday.” “I’m not going to make any commitments to you, but … I’m obviously foreshadowed there a little bit.”

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Never a dull moment! This seems to be moving along the lines that congressional columnist Nolan Rappaport had predicted in The Hill and on this blog.

Perhaps the Trump Administration will advance its own version of the “Dream Act” to put this issue to rest so that it can concentrate on enforcement initiatives. And, President Donald Trump appears to be better positioned to promote a final resolution of this issue with Congress than President Obama was during the final six years of his tenure.

A burst of pragmatism with a dash of humanitarianism thrown in would be a great, and, frankly, not widely anticipated, start for the new Administration in addressing the complex interrelated issues of migration, law enforcement, national security, and fundamental fairness. Harnessing and keeping the talents, energy, determination, courage, and intellectual/vocational firepower of these fine young people for America would be a huge step in promoting an even greater future for our country, as President Trump has promised. Stay tuned!

PWS

01/22/17

Positive News: A Bipartisan Group Of “Good Guy Pols” Work To Keep America Great!

https://www.washingtonpost.com/politics/8-politicians-who-will-make-you-feel-good-about-politics/2017/01/22/52e242e6-e0ba-11e6-879b-356663383f1b_story.html?hpid=hp_regional-hp-cards_rhp-card-politics%3Ahomepage%2Fcard&utm_term=.39f82245e7bf

Chris Cillizza writes in the Washington Post:

“The first 96 hours of President Trump’s tenure have been filled with claims, counterclaims, accusations of bias, outright falsehoods and lots of other things that make people hate politics, politicians and everything about Washington.

It’s enough even for me — a political junkie through and through — to wonder what we are even doing out here. It all feels terrible, unwatchable, nauseating.

But not all of politics — or all politicians — operates like this. There are lots of politicians doing it — by and large — right, working to represent their constituents and views with a modicum of humility and humor, not to mention a commitment to finding solutions, not just calling out problems.

It does the heart good to read about these folks. So here are a few politicians who should make you believe, again, in public service — even in these tempestuous times.”

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Find out who they are and more by clicking the link.

PWS

01/22/17

Beware: When Egotistical Nationalist Leaders Invoke “The Will Of The People,” Very Bad Things Are Likely To Happen!

http://billmoyers.com/story/a-date-that-will-live-in-infamy/

Retired professor of theology Charles Bayer writes on “Moyers & Company:”

“What shall we do now? I doubt we can pass this off as simply an intellectual or academic problem that can be solved by further conferences, documents, symposia or formal papers.

Perhaps we should rather look at what has produced serious positive change in the recent past. I think of a woman who just sat in the front seats of a bus, and the Freedom Riders who traveled throughout the American South at the risk of their lives. And I remember the tens of thousands of both young and older people who hit the streets and finally whose acts were critical in ending the disastrous Vietnam War. To the extent that these actions were nonviolent, they gained the respect of the American people. Violence just sets things back. New generations of in-the-street activists, not journalists or academics, might blunt the destructive nationalistic thrust of the new administration, and prepare the rest of us to play an important role in making America good again.”

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PWS

01/22/17

In Memoriam: U.S. Immigration Judge Philip L. Morace — Scholar, Outstanding Jurist, Beloved Colleague, And Kind Compassionate Human Being

I am sad to announce the death on Friday, January 20, 2017, of one of the most admired and respected U.S. Immigration Judges, Hon. Philip L. Morace of the U.S. Immigration Court in New York, New York. Judge Morace was widely known by his colleagues, the government, the private bar, and the immigrant community as a gentleman, a scholar, an amazing colleague, and the very embodiment of the Immigration Court’s ideal of “through teamwork and innovation . . . guaranteeing fairness and due process for all.”

Judge Morace was educated at Fordham University and the Brooklyn Law School and served in private practice and with the U.S. Marine Corps before being appointed to the bench in September 1995. He was a member of the New York Bar.

Please join me in offering sympathy to Judge Morace’s family, his colleagues, and the New York immigration community on this great loss. Judge Morace’s inspiring example will be long remembered and emulated.

PWS

01/22/17

Falcons Destroy Pack Behind Matt Ryan, Move On To Super Bowl — Ryan Outplays AR, Shows MVP Credentials

Atlanta — The Pack’s up, down, up, down season ended with a thud as the Atlanta Falcons, led by presumptive MVP Matt Ryan, dominated in every phase of the game en route to a 44-21 rout in the NFC Championship game in Atlanta. It was the last game to be played at the Georgia Dome with a new stadium slated to be ready for next year.

Ryan threw 27-38 for 392 yards and four TDs, with no interceptions, and added 23 yards rushing and a 14-yard rushing TD to put an emphatic exclamation point on his probable MVP season. He also cemented his place among the NFL’s elite QBs while earning his first Super Bowl berth. He could be the league’s most “under-recognized superstar.” That’s likely to end, however, particularly if he can lead his team to a Super Bowl victory.

Meanwhile, AR was 27-45-287 with 3 TDs and one interception. Don’t be fooled, though; all the TD’s and a big chunk of the yards were in “garbage time” after the Falcons had effectively put this one out of reach by jumping to a 31-0 lead before the Pack scored in the third quarter.

The game was not even as close as the lopsided score indicated. From the outset, the Pack was plagued by offensive mistakes, missed opportunities, and a complete inability of the depleted defense to put up any real resistance to Ryan and his star receiver, Julio Jones. Meanwhile, the much-maligned Atlanta defense had little problem keeping AR and the Pack in offense in check until the game was effectively over.

Next stop for the high-flying Falcons: the Super Bowl in Houston in two weeks v. the winner of the Patriots v. Steelers game.

For the Pack, it was a disappointing ending after a string of eight straight victories, led by some incredible play from AR, which took them within a game of the Super Bowl after a 4-6 start. The Pack finished the season at 12-7 and an NFC North Championship. With AR and a hopefully healthy team, the Pack should be positioned to make another Super Bowl run next fall.

Good luck to Matt Ryan and the Falcons in two weeks!

PWS

01-22-17

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