"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Kate Morrissey Immigration & Human Rights Reporter San Diego Union Tribune
APRIL 6, 2022 1:33 PM PT
Customs and Border Protection officials are now processing Ukrainians fleeing Russia’s invasion of their country at the San Diego-Tijuana border through a pedestrian crossing that remains closed to the general public.
The move, according to volunteers helping the Ukrainians and the Tijuana mayor’s office, is to speed up how many Ukrainians border officials can process in a day. PedWest, the pedestrian crossing at the western end of the San Ysidro Port of Entry, has been closed to general traffic for the past two years.
At around 6 a.m. Wednesday morning, a busload of Ukrainians arrived at El Chaparral plaza on the south side of the crossing. That is where a camp of hundreds of mostly Central American and Mexican asylum seekers were camped for months, waiting for the Biden administration to open processing for refugee screenings. Mexican authorities bulldozed the camp in February, and the Biden administration has said that asylum processing won’t resume until May 23, with the exception of the Ukrainians.
DHS, with the assistance of NGOs, UNHCR, and other volunteers from the human rights community can screen those waiting over the next six weeks to insure that applicants with the strongest claims are moved to the front of the line in advance or even admitted under an “exception” (DHS seems to be able to invent these at their whim) before May 23.
That’s the way to establish an orderly, fair, and humane transition back to the rule of law at all border ports of entry!
Additionally, because Garland has basically abdicated his duty to restructure and restaff the Immigration Courts to provide fair, positive interpretations of what asylum cases should be granted and to establish practical evidentiary and proof standards, the Asylum Office can work with the UNHCR and asylum experts to fill the gap.
While the BIA might be intentionally short on positive asylum guidance, there are plenty of decent Circuit decisions and some unpublished IJ decisions out there that point the way toward a fair, generous, functional legal asylum system that will actually fulfill the humanitarian promise of older precedents. Cases such as the Supreme’s decision in Cardoza Fonseca; the BIA’s complimentary positive guidance in cases like Matter of Mogharrabi, Matter of Kasinga, Matter of O-Z- & I-Z-, and Matter of A-R-C-G-; and the regulations establishing a “presumption of future persecution” based on past persecution all point the way toward a much more generous, practical, and humane interpretation and application of U.S. asylum law.
Honest interpretations of asylum law disgracefully fell into disuse as the Trump regime improperly “weaponized” the Immigration Courts against asylum seekers and attempted to replace qualified Asylum Officers with patently unqualified Border Patrol Agents. But, despite a lackadaisical performance to date, the Biden Administration still has a golden opportunity to reverse the mistakes of the past and to lead the way to a better future. Whether they will take that opportunity remains to be seen!
