Biden Administration – Page 18 – immigrationcourtside.com

🇺🇸⚖️🗽 THE 14TH AMENDMENT IS A GENIUS 🧠 PROVISION THAT IS AT THE HEART OF AMERICAN DEMOCRACY — That’s Why White Nativist Racists Like Trump, DeSantis, & Their GOP Supporters Are Baselessly Attacking It! 🏴‍☠️🤮 — Jamelle Bouie in The NY Times! — “If birthright citizenship is the constitutional provision that makes a multiracial democracy of equals possible, then it is no wonder that it now lies in the cross hairs of men who lead a movement devoted to unraveling that particular vision of the American republic.”

Ron DeSantis Dave Grandlund PoliticalCartoons.com Republished under license Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago! — Ron DeSantis
Dave Grandlund
PoliticalCartoons.com
Republished under license
Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago!

https://www.nytimes.com/2023/06/30/opinion/birthright-citizenship-trump-desantis.html?smid=nytcore-ios-share&referringSource=articleShare

Jamelle concludes:

. . . .

The birthright citizenship clause of the 14th Amendment, based on similar language found in the Civil Rights Act of 1866, was a direct response to and a rebuke of [chief Justice] Taney’s reasoning [in Dred Scott]. Having won the argument on the battlefield, the United States would amend its Constitution to establish an inclusive and, in theory, egalitarian national citizenship.

The authors of the 14th Amendment knew exactly what they were doing. In a country that had already seen successive waves of mass immigration, they knew that birthright citizenship would extend beyond Black and white Americans to people of other hues and backgrounds. That was the point.

Asked by an opponent if the clause would “have the effect of naturalizing the children of Chinese and Gypsies born in this country,” Senator Lyman Trumbull, who helped draft the language of birthright citizenship in the Civil Rights Act, replied “Undoubtedly.” Senator John Conness of California said outright that he was “ready to accept the provision proposed in this constitutional amendment, that the children born here of Mongolian parents shall be declared by the Constitution of the United States to be entitled to civil rights and to equal protection before the law with others.”

In 1867, around the time Congress was debating and formulating the 14th Amendment, Frederick Douglass delivered a speech in Boston where he outlined his vision of a “composite nationality,” an America that stood as a beacon for all peoples, built on the foundation of an egalitarian republic. “I want a home here not only for the Negro, the mulatto and the Latin races; but I want the Asiatic to find a home here in the United States, and feel at home here, both for his sake and for ours,” Douglass said. “The outspread wings of the American Eagle are broad enough to shelter all who are likely to come.”

If birthright citizenship is the constitutional provision that makes a multiracial democracy of equals possible, then it is no wonder that it now lies in the cross hairs of men who lead a movement devoted to unraveling that particular vision of the American republic.

Embedded in birthright citizenship, in other words, is the potential for a freer, more equal America. For Donald Trump and Ron DeSantis, that appears to be the problem.

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

Read the rest of Jamelle’s outstanding article and get the real story about the 14th Amendment. It has nothing to do with the racist lies and distortions spewed forth by Trump, DeSantis, and their fellow GOP white supremacists!

As we know, Congress has failed to address the realities of immigration since the enactment of IRCA in 1986. That has inevitably led to a large, disenfranchised population of undocumented residents — essential members of our society, yet deprived of political power and the ability to reach their full potential by their “status.” Consequently, they are subject to exploitation.

Nevertheless, this phenomenon would be much more serious without the “genius of the 14th Amendment.” Notwithstanding the failure of the political branches to address immigration in a realistic manner, the overwhelming number of the “next generation” of that underground population are now full U.S. citizens with the ability to participate in our political system and otherwise assert their full rights in our society.

Thus, because of the 14th Amendment we have avoided the highly problematic phenomenon of generations of disenfranchised Americans, essentially “stateless individuals,” forced into an underground existence. It’s not that these individuals born in the U.S., who have known no other country, would be going anywhere else, by force or voluntarily. Nor would it be in our best interests to degrade, dehumanize, and exclude generations of our younger fellow citizens as Trump, DeSantis, and the GOP far right extremist crazies advocate.

Additionally, in contradiction of traditional GOP dogma about limited government, the Trump/DeSantis charade would spawn a huge new and powerful “citizenship determining bureaucracy” that almost certainly would work against the poor, vulnerable, and individuals of color in deciding who “belongs” and who doesn’t and what documentation suffices. How many adult American citizens today who have deceased parents could readily produce definitive documentation of their parents’ citizenship?

So, notwithstanding GOP intransigence, their vile and baseless attacks on the 14th Amendment, and the lack of political will to solve and harness the realities and power of human immigration, the 14th Amendment is at work daily, solving much of the problem for us and making us a better nation, sometimes in spite of our Government’s actions or inactions. And, it performs this essential service in a manner that is relatively transparent and minimally bureaucratic for most.

🇺🇸 Due Process Forever!

PWS

07-01-23

☠️⚰️ DETENTION KILLS: R. Andrew Free Seeks YOUR Help, NDPA, To End The “DHS Detention Death Tax!”

Border Death — Sometimes, even “Detention Until Death” (“DUD”) is insufficient “punishment” for the USG to inflict on those whose “crime” is to assert their legal rights under U.S. law. Taken at the Tijuana-San Diego border.
Tomas Castelazo
In order to comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

https://action.mijente.net/petitions/end-the-detention-death-tax?source=rawlink&utm_medium=social&utm_source=actionrawlink&share=54194d63-6e64-4a5f-bb38-3b448745f7f3

Join Andrew F. in signing this petition.

TO: SECRETARY OF HOMELAND SECURITY ALEJANDRO MAYORKAS

END THE DETENTION DEATH TAX

End the Detention Death Tax – a draconian policy that fails to make funds available to the families of people who die in ICE custody for the return and transportation of their loved ones’ remains.

We urge ICE to alter its Detainee Death policies so that Field Office Directors and the Director’s Office have discretion to authorize payment for the prompt return and transport of the remains of people who die in ICE custody.

It is, quite literally, the very least ICE could do when it fails to keep humans alive.

WHY IS THIS IMPORTANT?

US Immigration and Customs Enforcement (ICE) currently has no defined limit on the amount of money it will spend to cage the body of a person in removal proceedings.

When one of ICE’s deadly cages claim the life from that body, the limit ICE will spend to return them to their loved ones is $0.

This Death Tax presents grieving family members with a bill alongside the devastating news that their loved one is gone forever. Forcing families to pay for the retrieval and transportation of loved ones is cruel, inhumane, and unnecessary.

🇺🇸Due Process Forever!

PWS

06-30-23

⚖️😎 THE BLUM REPORT: Roberto Covers A “212(c) Redux” In Houston, Highlighting Garland’s Disturbing Failure to “Harvest The Low Hanging Fruit” 🍒 @ EOIR!

Roberto Blum, Esquire, reports from Houston:

Hello Judge, it has been a while since I reported from Houston. Although I have not reported, I have kept reading (and learning from) your writings. So it was a pleasant surprise when I recently came across some BIA decisions and saw your name written on them.

They are Matter of Arreguin, 21 I&N Dec. 38 (BIA 1995) and Matter of Fuentes-Campos, 21 I&N Dec. 905 (BIA 1997).

You see, I was preparing for a individual hearing on the merits, where the client, a 65-year old Mexican national, who has lived in the U.S. since about 1979, and was admitted as a Legal Permanent Resident in 1991, was found to be deportable under INA section 237(a)(2)(b)(i) due to a controlled substance conviction from 1994. His relief: Section 212(c).

The saga started in early January 2012, when he was encountered by ICE, was detained, and placed into removal proceedings. The firm I work for began to represent him at that point. While waiting for his detained merits date, the client suffered a medical condition and was not expected to survive, so ICE released him to family members, essentially so he wouldn’t die in their custody. However, he did not die, he survived, and made a full recovery.

Fast forward to today. Ever since his release, his case got stuck in the “aimless docket reshuffling” that you so often write about. It was not until today, June 28, 2023, that he finally got his day in court for an immigration judge (IJ) to consider his case.

Not knowing whether the assigned IJ or DHS trial attorney (TA) would have any experience with Section 212(c) because this is an old type of relief that is not very common anymore and also due to the hostility often encountered at Houston EOIR, I prepared for the worst case scenario, and feared that the client might not get a fair shake.

Fortunately on the day of trial, I saw an experienced TA was representing the government. Before the IJ went on the record the TA and I discussed the case, and the TA told me that he did not have any issues with the case. I asked if he would stipulate to a grant of relief and he said yes, but warned the IJ might still want to take testimony. The IJ came on the record shortly thereafter, and asked if we had any agreements, at which point I told the IJ that we had an agreement for stipulation to a grant of relief because the evidence submitted was sufficient to carry our burden. The TA confirmed our agreement, and the IJ responded that she had reviewed the record, and also agreed that the client was eligible and deserving of relief because of his long-time physical presence, the conviction was very old, and the client had not had any recent criminal history.

In less than 5 minutes, this case that had been pending over 11 years and 5 months (or about 4,184 days), was resolved by agreement of all parties! The client was stunned and did not even know what happened. He did not expect it to be this fast after waiting so long. The client confided in me that his mother passed away a few days ago in Mexico, and he had been very worried because all of his witnesses (family members) went to Mexico to attend the funeral and were not available to testify on his behalf. I remembered something my grandmother would tell me as a child, that when a close loved one dies, they go to heaven and become your guardian angel, so I thought… just maybe… his mother had been his guardian angel today and whispered in the TA and IJ’s ear before the hearing.

In all seriousness, I ask myself (as this is not the only case I have had that has been pending for over 10 years, only to be resolved by stipulation at the final hearing in less than 5 minutes) how much $$$ is the government spending to fight a case like this for more than a decade–only for it to be resolved in 5 minutes of discussion. (Of course if it had not been resolved favorably, we would have continued litigating the case and appealed to the BIA, something that under current wait times would last another 3 or more years and who knows how much more resources). I imagine that between the IJ and TA’s salary, the court staff, support staff, and even utilities of operating a court, the price tag might be well above $100,000 for a case like this. This is not sustainable.

I asked the client for permission to share the photo we took after the hearing, and if I get the permission I will share it with you.

I am glad the case was resolved favorably by agreement, however, I was ready to use your cases to help defend my client.

DPF!

RB

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

Love this, Roberto! Makes my day! Good precedents, great scholarship, collegiality, good judging, teamwork combining to make the system work in a just and humane manner! Thanks for forwarding and DPF!

Matter of Arreguin, written by the late Judge Fred W. Vacca, was one of the first precedents issued, in Volume 21 of the I&N Dec., during my time as BIA Chair. That Volume also reflected the “new style” of BIA precedent format with the “bound volume” citation and pagination available in the “slip opinion” and the individual author of the majority and separate opinions clearly identified.

Always gratifying to see that the now “old” precedents turned out by the long-gone “Schmidt Board” still have something to say and teach. It was a time when intellectual dialogue and meaningful debate of important issues was encouraged, rather than being discouraged and avoided as has happened in today’s “assembly line culture” at EOIR!

Additionally, Roberto’s report raises a continuing question. What if rather than misusing EOIR as a “deterrent,” and thereby engaging in “Aimless Docket Reshuffling,” Garland and the other “powers that be within the Administration” returned EOIR to its original purpose of insuring due process, fundamental fairness, and best, most efficient judicial practices?

I’m sure there is lots of “low hanging fruit,” 🍒exemplified by this case, that could be prioritized for quick disposition or reassigned to a better-functioning version of USCIS for more efficient completion. Indeed, with guidance and some institutional discipline by a “Better BIA” of true asylum expert Appellate Judges, I’d guess that the majority of the hundreds of thousands of asylum cases pending for more than two years could be granted without full hearings, either at EOIR or a better functioning Asylum Office. Additionally, many of the long-pending “Non-LPR Cancellation Cases” now clogging the EOIR docket could be more efficiently handled by a better functioning and better staffed USCIS.

It appears that nobody with any realistic vision of what the future could and should look like, and an appreciation of both the cosmic importance and great positive potential of a functional EOIR, has paid any attention to 1) the composition of the EOIR backlog, 2) the abundant opportunities for positive resolutions that would benefit everyone, 3) the lack of quality control at today’s EOIR, and 4) the glaring absence of practical problem solving skills among senior EOIR management and the BIA (not to mention DOJ management and leadership in this area, such as it is).

🇺🇸 Due Process Forever!

PWS

06-29-23

🏴‍☠️ FOURTH FINDS BIA’S NEXUS ABUSE CONTINUES UNDER GARLAND 🤮 — Dem AG Permits His “Courts” To Engage In Specious “Any Reason To Deny” Misconduct That Artificially Suppresses Asylum Grants! ☠️ — Marvin A.G. v. Garland (published)!

Four Horsemen — BIA Asylum Panel In Action — Garland, a former Article III Appeals Judge, employs appellate judges who routinely misconstrue asylum law to wrongfully deny legal protection, thus artificially suppressing what should be much higher success rates for asylum seekers in a functional legal system properly applying asylum law! The law and precedents establishing a properly generous application of the well-founded fear standard for asylum are routinely ignored or disingenuously avoided by Garland’s biased anti-asylum “courts!” BIA panels routinely butcher “mixed motive” cases to deny asylum to deserving refugees!
Albrecht Dürer, Public domain, via Wikimedia Commons

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.ca4.uscourts.gov/opinions/221499.P.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca4-on-nexus-marvin-a-g-v-garland

“Upon our review, we conclude that the Board abused its discretion by applying an incorrect legal standard in its nexus analysis for the petitioner’s asylum and withholding of removal claims. We also hold with regard to these two claims that the Board abused its discretion by arbitrarily disregarding the petitioner’s testimony about the threat of future persecution. However, we reject the petitioner’s argument that the Board abused its discretion with regard to his CAT claim. The Board provided specific reasons for finding the petitioner’s testimony insufficient to meet his burden of proof, and appropriately evaluated the evidence under the futility exception. We thus grant in part and deny in part the petition for review, vacate in part the Board’s order denying reconsideration, and remand for further proceedings consistent with this opinion. … We thus conclude that the IJ erred by applying an incorrect standard in the nexus analysis, and that the Board abused its discretion because it “compounded the [IJ’s] error by failing to recognize it.” Perez Vasquez, 4 F.4th at 223. In addition, both the IJ and the Board failed to address substantively the petitioner’s testimony about the threat of future persecution. … The Board thus applied the incorrect legal standard for the nexus analysis and arbitrarily disregarded relevant evidence. Accordingly, we hold that the Board abused its discretion in denying the petitioner’s motion to reconsider his asylum and withholding of removal claims, and we remand for the agency to “meaningfully consider [the petitioner’s] evidence” under the correct legal standard.”

[Hats off to Eric Suarez!]

Eric Suarez ESQUIRE
Partner
Sanabria & Associates
PHOTO: Firm website

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

EOIR judges and the BIA routinely butcher “mixed motive” cases like this one! This endemic problem at EOIR badly distorts asylum adjudication nationwide, produces false statistics suppressing the significant number of wrongful asylum denials (particularly targeting asylum applicants of color for unfair, unjust adjudications), and refutes the Article III’s disingenuous treatment of the BIA as an “expert tribunal” entitled to Chevron deference. In that way, it seriously undermines the integrity of our entire judicial system!

In this case, counsel specifically pointed our the BIA’s errors in a timely motion to reconsider, only to have it “blown off” with basically fabricated boilerplate BS!

The petitioner appealed the IJ’s decision to the Board. After the Board affirmed the IJ’s conclusions and dismissed the appeal, the petitioner filed a motion to reconsider. The Board denied the motion, concluding that the IJ did not clearly err in its nexus determination, and reiterating the IJ’s conclusion that family membership was “incidental or subordinate” to the other reasons the gang targeted the petitioner, namely, for monetary gain and gang recruitment.

Another of my favorite parts of this decision addresses the BIA’s pronounced tendency to invent specious “non-protected” reasons for the persecution and then dishonestly characterize that at the sole or primary motivations.

The Board’s cursory conclusion that the gang had targeted the petitioner for “monetary gain and gang recruitment” does not remedy the Board’s error. Indeed, we fail to see how family membership necessarily was subordinate to these other motivations when the sole basis the petitioner presented for his fear of future persecution was that the gang would target him due to his relationships with his siblings.

Friends, this is NOT the competent, impartial, professional, expert adjudication that due process and fundamental fairness requires! Nor is it the improvement from Trump’s institutionalized White Nationalist approach to asylum and immigration promised by Biden and Harris during their 2020 campaign! It’s basically a “bait and switch” by Dems! Additionally, it sets a horrible example for Immigration Judges (many of whom lack relevant expertise in asylum law) and Asylum Officers nationwide.

Garland’s has refused to “clean house” and employ solely competent, unbiased, impartial asylum experts as BIA Appellate Immigration Judges, selected on a merit basis from among those possessing the requisite practical asylum expertise, temperament, and widely-acknowledged qualifications for these critically important judgeships.

Garland’s failure to perform his job, in turn, is having a deleterious effect on every aspect of our asylum, protection, and immigration systems and is undermining the entire rule of law. It also promotes false narratives about asylum seekers and inhibits effective representation of this vulnerable and deserving group. It’s wrong; it’s inexcusable, and it’s a “big deal!’

I leave you with this thought from an expert who actually practices before EOIR and understands what competent asylum adjudication should be:

We really do need better judges at the BIA. [Hope that this] decision that will make a dent in their current dysfunction.

Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges — Maybe HE should be in charge of selecting and training BIA Appellate Immigration Judges!

Or as my Round Table colleague Hon. “Sir Jeffrey” Chase suggests:

Maybe the Board should read my article on the proper test for nexus:

https://www.jeffreyschase.com/blog/2021/12/21/the-proper-test-for-nexus1

Great idea! But, don’t hold your breath!

SeniorCircuit Judge Barbara Milano Keenan wrote the opinion, in which Judge Thacker and Judge Heytens joined.

🇺🇸 Due Process Forever!

PWS

06-28-23

👎🏼9TH CIR. SAYS “NO CHEVRON DEFERENCE FOR YOU BIA!” — Misinterpretation Of Citizenship Removal Ground “Unmoored,” “Unreasonable,” “Untenable,” “Incoherent!” — (But, Evidently “Good Enough For Government Work” @ Garland’s EOIR!)

Dan Kowalski reports for LexisNexis Immigration Community:

CA9: BIA’s Application of Richmond Untenable, Unmoored, Unreasonable, Incoherent: Ramírez Muñoz v. Garland

June 26, 2023

(1 min read)

Ramírez Muñoz v. Garland

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/06/26/21-70431.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca9-bia-s-application-of-richmond-untenable-unmoored-unreasonable-incoherent-ramirez-munoz-v-garland

“We must decide whether Ramírez’s conduct—lying to local authorities about U.S. citizenship—was for a “purpose or benefit under” a particular law. The BIA, relying on its Richmond decision, concluded that Ramírez lied about his citizenship “for the purpose of avoiding removal proceedings.” See In re Richmond, 26 I. & N. Dec. 779, 788 (B.I.A. 2016) (holding that a “purpose” under a law “includes the avoidance of negative legal consequences— including removal proceedings”). The BIA’s interpretation of § 1182(a)(6)(C)(ii)(I) is untenable. We agree with our sister circuit that “the BIA’s construction of the ‘purpose or benefit’ language [is] . . . ‘unmoored from the purposes and concerns’ of the statute.” Castro v. Att’y Gen., 671 F.3d 356, 370 (3d Cir. 2012) (quoting Judulang v. Holder, 565 U.S. 42, 64 (2011)). … We conclude that Richmond’s construction of “under” is unreasonable and do not afford it any deference. Consequently, we reject Richmond’s derivative holding that “[t]he term ‘purpose’ . . . includes the avoidance of negative legal consequences—including removal proceedings.” … We therefore grant the petition for review and remand to the agency to either grant Ramírez’s application for adjustment of status or explain, consistent with this opinion, why not.”

[Hats way off to Marco A. Jimenez!]

—

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

dan@cenizo.com

Free Daily Blog: www.bibdaily.com

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

Trust the BIA under Garland to come up with “teaching examples” of what’s wrong with EOIR!

Just last week we were discussing “Chevron deference” (a/k/a “Article III judicial task avoidance”) in my Immigration Law & Policy class at Georgetown Law. “Unreasonable interpretation” was one of the three ways we discussed for the Article IIIs to avoid giving Chevron deference to the BIA (the other two being “plain meaning” and “not your field of expertise”).

This is a classic (if rather brutal) example of the “unreasonable” exception to Chevron.

One reason why the “21st Century BIA” has become “unmoored” is that it is basically “tethered” to whatever DHS Enforcement wants and what appears to line up with an Administration’s “immigration enforcement agenda.” In other words, the BIA tends to interpret ambiguous statutes with “career preservation” rather than “best interpretations” in mind. That’s generally bad news for individuals seeking due process and fundamental fairness in life or death matters before EOIR!

As I recently pointed out, there is a BIA Appellate Immigration Judge position open for applications until July 5, 2023. See https://immigrationcourtside.com/2023/06/23/🇺🇸⚖️🗽👩🏽⚖️👨🏻⚖️-calling-ndpa-practical-scholars-experts-no/.

That’s a chance for NDPA “practical scholar/experts” to start counteracting what has been a two-decade downward spiral of due process, fundamental fairness, and best practices at this oft-ignored “life or death tribunal” with nationwide jurisdiction.

🇺🇸 Due Process Forever!

PWS

06-27-23

🤯 SUPREMES TIRING OF GOP RIGHTY EXTREMIST JUDGES? — MAYBE, BUT DON’T COUNT ON IT! — U.S. v. Texas Was A Refreshing 8-1 (x Alito) Beatdown Of “Trump Hack” Judge Drew Tipton — Yet, Inexplicably, The Court Had Allowed Tipton & His GOP Nativist AG Cronies To Run Roughshod Over Immigration Policy For More Than A Year, Damaging Democracy & Humanity In The Process! 🏴‍☠️

Kangaroos — Trump & McConnell stuck a mob of these unqualified righty extremists on the lower Federal Courts. Even a super conservative Supremes might be tiring of the overt bias and lack of basic judicial competence exhibited by these judicial hacks. https://www.flickr.com/photos/rasputin243/
Creative Commons License

https://www.vox.com/scotus/2023/6/23/23771310/supreme-court-united-states-texas-ice-immigration-drew-tipton-brett-kavanaugh

Ian Millhiser reports for Vox:

More than a year ago, a Trump-appointed judge named Drew Tipton effectively seized control of parts of Immigration and Customs Enforcement (ICE), the federal agency that enforces immigration laws within the United States. On Friday, the Supreme Court ended Tipton’s reign over ICE’s enforcement priorities.

The Court’s decision in United States v. Texas was 8–1, with all eight justices in the majority concluding that Tipton didn’t even have jurisdiction to hear this case in the first place — though they split 5-3 on why Tipton lacked jurisdiction. Only Justice Samuel Alito, the Court’s most reliable Republican partisan, dissented.

The case concerned 2021 guidelines, issued by Secretary of Homeland Security Alejandro Mayorkas, that instructed ICE agents to prioritize enforcement efforts against undocumented or otherwise removable immigrants who “pose a threat to national security, public safety, and border security and thus threaten America’s well-being.”

Two red states, Texas and Louisiana, sued, essentially arguing that ICE must arrest more immigrants who do not fit these criteria. Moreover, because Texas federal courts often allow plaintiffs to choose which judge will hear their case by deciding to file their lawsuits in specific parts of the state, these two red states chose Tipton — a staunchly anti-immigrant judge who has been a thorn in the Biden administration’s side since the first week of his presidency — to hear this lawsuit.

In one of the most predictable events in the US judiciary’s history, Tipton promptly obliged the two states by striking down Mayorkas’s guidelines.

Justice Brett Kavanaugh’s opinion in Texas holds that no federal judge should have ever even considered this case. As Kavanaugh explains, the plaintiff states “have not cited any precedent, history, or tradition of courts ordering the Executive Branch to change its arrest or prosecution policies so that the Executive Branch makes more arrests or initiates more prosecutions.” To the contrary, the Court held in Linda R. S. v. Richard D. (1973) that “a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.”

. . . .

That said, the decision does contain some language that anti-immigrant judges may latch onto to impose their preference on the country — including a paragraph that reads like it was written to preserve lawsuits challenging the Obama-era Deferred Action for Childhood Arrivals (DACA) program.

And there is one other very frustrating thing about this case. Although the Supreme Court eventually ruled that Tipton is not the head of ICE and cannot decide who its agents arrest, it rejected a request to temporarily block Tipton’s decision last July.

. . . .

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

Read the complete article at the link.

Compare the Supreme’s inexplicable rejection of the Biden Administration’s compelling request for a stay of Tipton’s outrageous interference (which had been allowed to stand by a the 5th Circuit in a stunning dereliction of duty) with their overly generous treatment of totally unjustified stay requests by Trump scofflaws during the last Administration. See, e.g., https://immigrationcourtside.com/2020/10/13/🏴‍☠️👎🏻only-the-beginning-supremes-again-interfere-with-lower-court-ruling-in-aid-of-trumps-census-undercount-scheme-commun/.

🇺🇸 Due Process Forever!

PWS

06-26-23

😇🙏🏽SANCTUARY, A TIME-HONORED ANTIDOTE TO CRUELTY & STUPIDITY, PUTS AMERICA’S 🇺🇸🗽BEST FOOT FORWARD 👏: “It means treating [migrants] like humans in need rather than pawns.”

MATTHEW 25 — Holy card ( 1899 ) showing an illustration to the Gospel of Matthew 25, 34-36 – rear side of an obituary.
Wolfgang Sauber
Creative Commons Attribution-Share Alike 4.0

https://www.latimes.com/opinion/story/2023-06-21/la-ed-sanctuary-cities

From the L.A. Times Editorial Board:

Editorial: Sanctuary cities are working just fine, thank you

When Republican Govs. Greg Abbott of Texas and Ron DeSantis of Florida bused and flew migrants to Los Angeles, New York, Washington, D.C., and other so-called “sanctuary cities,” they might have envisioned they were exporting the same chaos as border states have experienced as they grapple with a historic number of migrants. They wanted leaders in these cities to admit they were wrong about their immigrant-friendly policies.

Earlier this month, Abbott sent migrants on a bus to Los Angeles. And DeSantis has admitted he dispatched migrants on two chartered flights to Sacramento a few days earlier, luring them with false promises of housing, shelter and legal help.

But Abbott and DeSantis are mistaken if they think they are teaching cities with sanctuary polices any lessons with their inhumane political stunts or causing their leaders to rethink their commitment to not treating migrants as criminals.

Those governors and their political allies also seem to be confused about what it means when cities have sanctuary policies. Though policies vary, providing sanctuary means not turning migrants over to federal immigration authorities simply for being in the country illegally. It means treating them like humans in need rather than pawns.

OPINION

Editorial: Migrants flown to Sacramento are human beings, not political pawns

June 5, 2023

That’s what leaders in Los Angeles, Sacramento and other “sanctuary cities” did as buses and planes dumped dozens of tired and often confused migrants on their doorsteps in recent months. They rallied attention and resources, while religious and other nonprofit organizations stepped up to welcome the migrants with shelter, food and clothes. In some instances, these migrants have even found temporary jobs, illustrating the need for their labor.

Abbott and DeSantis may also not realize that sanctuary policies were designed to help law enforcement keep communities safe. Sanctuary policies were developed because police in many cities such as Los Angeles were frustrated because undocumented immigrants were not reporting crimes or stepping forward as witnesses for fear of deportation.

Critics say these sanctuary cities have laws and policies that shield criminals and obstruct federal immigration policies. But cities with sanctuary policies have lower than average crime rates, higher household incomes and lower poverty rates, according to various studies.

Local authorities did not refuse to cooperate with immigration enforcement, as critics claim. They simply limited the role of local law enforcement in immigration cases, for example, by not using local police to do immigration checks or by not holding an undocumented immigrant in custody for a few extra days to serve federal authorities’ schedules.

OPINION

Editorial: There’s a crisis at the border all right, but one created by political posturing

Sept. 20, 2022

Los Angeles is in the midst of transitioning from a “city of sanctuary” to “sanctuary city.” The difference is more than just semantics. The former designation is little more than a statement by city leaders in 2017 that they opposed then-President Trump’s dehumanizing anti-immigrant policies, which included separating young children from their parents. Some of those children have yet to be reunited with their parents years later. Earlier this month, the City Council voted to strengthen the policy by banning city personnel or resources from being used for immigration enforcement.

It’s true that the transports of migrants by the Texas and Florida governors have been inconvenient to cities such as Washington and New York, which have had to scramble to find housing and other resources. But they haven’t done a thing to undermine the foundation on which sanctuary policies were built.

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The money wasted by these GOP nativist neo-fascists could much better be spent on coordinated efforts to help asylum seekers to help themselves and our nation in the process. Obviously, GOP states like Florida and Texas have money to burn.

Also, to the extent that cities “targeted” by these GOP White Nationalist Governors have persevered in the face of attempts to sow chaos, it has been largely without the coordination, guidance, and leadership of the Biden Administration. Seems like that should be “low hanging fruit” for progressive Democrats to change!

🇺🇸 Due Process Forever!

PWS

06-25-23

⚖️🗽INSPIRING AMERICA: NDPA SUPERSTAR 🌟 & BRILLIANT GEORGETOWN REFUGEE LAW & POLICY ALUM BREANNE PALMER “GETS IT!” — “For me, the line between the so-called ‘Great Replacement Theory,’ the targeting of Black Americans in Buffalo in May 2022, and the deleterious, disproportionate effects of Title 42 on Black asylum seekers couldn’t have been brighter.”

Breanne Justine Palmer, Esquire
Senior Legal Policy Advisor
Democracy Forward
PHOTO: Linkedin

https://www.linkedin.com/posts/breannepalmer_career-retrospective-the-leadership-conference-activity-7074007461837340672-_0EI?utm_source=share&utm_medium=member_ios

Breanne writes:

People talk frequently about forward and backward movement in one’s career, but less so about the gift of lateral moves. I have been lucky enough to make at least one facially “lateral” move that drastically changed the scope and reach of my immigration advocacy work: as the first Policy Counsel for Immigration at The Leadership Conference on Civil and Human Rights!

Through the work of incredible jacks-of-all-trades on staff like Rob Randhava, The Leadership Conference has played an integral role in a number of major moments in the immigration space and maintained an Immigration Task Force. The organization wanted to concretize this work by hiring a full-time staffer, and on the heels of my work at the UndocuBlack Network, I felt this role was the right fit. I grew up in a distinctly Jamaican household, visiting our home country most of my childhood summers, but I also sought a sterling education in the Black American experience.

One of my proudest moments at The Leadership Conference was also one of the most complex, challenging moments of my career—trying to connect the dots between seemingly disparate, painful topics to highlight the interconnectivity of our racial justice and immigrant justice movements. For me, the line between the so-called “Great Replacement Theory,” the targeting of Black Americans in Buffalo in May 2022, and the deleterious, disproportionate effects of Title 42 on Black asylum seekers couldn’t have been brighter. I felt The Leadership Conference was perfectly poised to connect those dots in a public way, by co-leading a sign-on letter to the Biden Administration. But I had to make my case with both internal and external partners with care and finesse, drawing on all of my education and experiences to guide me. No community wants to feel as though another community is opportunistically seizing a moment to elevate its interests while riding on the backs of others. I am proud to say that I persuaded a number of skeptics, many of whom were rightfully protective of their communities and civil rights legacies, to see the urgency of drawing these connections for those in power. Through this effort I was reminded that the work of connecting the Black diaspora is arduous, but can bear powerful fruit.

Read the rest on my blog!

https://breannejpalmer.squarespace.com/blog/career-retrospective-the-leadership-conference-on-civil-and-human-rights

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I’ve said it many times: There will be neither racial justice nor equal justice for all in America without justice for migrants!

Breanne obviously “gets it!” So do leaders like Cory Booker (D-NJ).

Sadly, however, many Democrats, including notable African-American leaders like President Barack Obama, Vice President Kamala Harris, AAG Civil Rights Kristen Clarke, and former AGs Eric Holder and Loretta Lynch don’t! They all blew or are squandering opportunities to make due process and equal justice for asylum seekers and other migrants a reality, rather than a hollow, unfulfilled promise!

In particular, the “intentional tone-deafness” of the Biden Administration on treatment of asylum seekers and other migrants of color has been astounding and shocking! Speaking out for justice for George Floyd and others while denying due process and the very humanity of Blacks and other people of color seeking legal asylum at the Southern Border is totally disingenuous and counterproductive!

Additionally, while there recently have been some improvements in merit-based selections by AG Garland, the U.S. Immigration Courts, including the BIA, are still glaringly unrepresentative of the communities affected by their decisions and the outstanding potential judicial talent that could and should be actively recruited from those communities. An anti-immigrant, pro-enforcement, uber-bureaucratic “culture” at EOIR, which metastasized during the Trump Administration, discouraged many well-qualified experts, advocates, and minorities from competing for positions at EOIR.

The inexplicable failure of Vice President Harris to establish herself as the “front person” to actively encourage and promote service in the Immigration Courts among minorities and women is highly perplexing. Additionally, the failure of the Biden Administration to recognize the potential of the Immigration Courts as a source of exceptionally-well-qualified, diverse, progressive, practical scholars for eventual Article III judicial appointments has been stunning!

Meanwhile, for an “upgrade” of the struggling EOIR, one couldn’t do better than Breanne Palmer: brilliant practical scholar, forceful advocate, courageous, creative innovator, and inspirational role model. As Breanne says on her website:

I try to live by one of Audre Lorde’s creeds:

“I am deliberate and afraid of nothing.”

Sure could use more of that intellectual and moral courage and “leadership by example” on the bench at EOIR! And, as I mentioned yesterday, there are or will be more judicial positions available at EOIR at both the appellate and trial levels. See, e.g., https://wp.me/p8eeJm-8KK.

Thanks Breanne for choosing to use your tremendous skills and abilities to further due process, equal justice for all, and racial justice in America. So proud of you!

🇺🇸 Due Process Forever!

PWS

06-23-23

🇺🇸⚖️🗽👩🏽‍⚖️👨🏻‍⚖️ CALLING NDPA PRACTICAL SCHOLARS/EXPERTS: NOW’S YOUR CHANCE TO BECOME A BIA APPELLATE IMMIGRATION JUDGE AND HELP CHANGE THE TRAJECTORY OF AMERICAN LAW! — The “Supreme Court of Immigration” Needs Supremely Qualified, Expert Judicial Talent!

I want you — Don’t just complain about the awful mess @ the BIA! Get on the appellate bench and do something about it!
Public Domain

Summary

The Executive Office for Immigration Review (EOIR) at the Department of Justice (DOJ) is seeking a highly-qualified individual to join our team of expert professionals who serve as Appellate Immigration Judges.

This is an Excepted Service position, subject to a probationary period. The initial appointment is for a period not to exceed 24 months. Conversion to a permanent position is contingent upon appointment by the Attorney General.

Learn more about this agency

https://www.usajobs.gov/job/733279200

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Although there was no formal announcement from EOIR, it appears that Appellate Immigration Judge William Cassidy has finally retired from the BIA. As many of you know, Judge Cassidy, appointed by AG Billy Barr, was notoriously hostile to asylum seekers and to a fair application of the generous well-founded-fear standard for asylum enunciated by the Supremes in INS v. Cardoza-Fonseca and by the BIA in Matter of Mogharrabi. His “final” TRAC Immigration asylum denial rate as an Immigration Judge in Atlanta was an appalling and bone-chilling 99.1%! https://trac.syr.edu/immigration/reports/judge2022/00004ATD/index.html.

This is a chance for a “real judge” with impeccable academic knowledge, practical solutions, and actual experience representing asylum applicants in the EOIR quagmire to bring some long-overdue and absolutely essential positive, progressive, change to the BIA – a group overall known for its too-often stilted, sloppy, improperly pro-Government, “go along to get along,” “don’t rock the boat by standing up for due process and human rights” decision-making.

The BIA’s lousy performance on the “stop time rule,” where they were twice rebuked by the Supremes for ignoring the language of the statute and the Court’s own holdings, is a classic example of why we need fundamental change at the top of EOIR. This substandard performance generated more unnecessary backlog and “Aimless Docket Reshuffling” in a system that can ill afford it (2 million case backlog). It also created unnecessary confusion and uncertainty in a situation where clarity was both required and achievable. I daresay, it’s hard to imagine any NDPA “practical scholar” getting sidetracked the way the BIA did in its misguided rush to please DHS Enforcement and its political “handlers” at DOJ!

Also, because of “jurisdiction stripping” legislation over the years, limiting the review of the Article IIIs in many areas, the BIA often represents the last realistic chance for individuals to obtain justice and fair treatment! That the BIA too often acts like an “assembly line,” doesn’t diminish its potential to become part of the solution rather than a source of further problems and unfairness.

Don’t let this important Federal Judgeship, with real life or death power over the lives of individuals and the future of our democracy, go by default to another “insider” or asylum denier.

I hear complaints from practitioners nationwide about the BIA’s poor scholarship and failure to issue realistic, positive guidance. But, it’s not going to change unless the “best and the brightest” from the NDPA apply for these critical jobs at EOIR and become agents of change.

Don’t let this chance go by to make a difference in the lives of others and to use your hard-earned expertise and practical skills to fundamentally change our failing U.S. judicial system — starting at the critical “retail level.”

The deadline is July 5, 2023, conveniently during the July 4 holiday. But, don’t let mindless bureaucratic tactics and feeble efforts at recruitment deter you. Force the USG to recognize and employ “judicial excellence” – once the “vision” of EOIR (before “good enough for government work” became the motto). I urge well-qualified minority candidates to apply for this key position!

🇺🇸 Due Process Forever!

PWS

06-23-23

☹️ WORLD REFUGEE DAY 2023 (JUNE 20) IN AMERICA: More Asylum Seekers Denied Access; Flubbed Resettlement; Kids Face Court Alone; NGOs Left To Pick Up Slack!

Kids are among the many groups of refugees and asylum seekers ill-served by the Biden Administration’s policies and performance. “World Refugee Day 2023” is a rather grim reminder of America’s failure to live up to its obligations to the world’s most vulnerable!
Creative Commons License

ACCESS DENIED

Hamed Aleaziz reports for the LA Times:

https://apple.news/AnR6bRRRoSxm4nMAHyNOLXQ

A new Biden administration policy has dramatically lowered the percentage of migrants at the southern border who enter the United States and are allowed to apply for asylum, according to numbers revealed in legal documents obtained by The Times. Without these new limits to asylum, border crossings could overwhelm local towns and resources, a Department of Homeland Security official warned a federal court in a filing this month.

The new asylum policy is the centerpiece of the Biden administration’s border efforts.

Under the new rules, people who cross through a third country on the way to the U.S. and fail to seek protections there are presumed ineligible for asylum. Only people who enter the U.S. without authorization are subject to this new restriction.

The number of single-adult migrants who are able to pass initial screenings at the border has dropped from 83% to 46% under the new policy, the Biden administration said in the court filing. The 83% rate refers to initial asylum screenings between 2014 and 2019; the new data cover the period from May 12, the first full day the new policy was in place, through June 13.

Since the expiration of Title 42 rules that allowed border agents to quickly turn back migrants at the border without offering them access to asylum, the administration has pointed to a drop in border crossings as proof that its policies are working.

But immigrant advocates and legal groups have blasted Biden’s new asylum policy, arguing that it is a repurposed version of a Trump-era effort that made people in similar circumstances ineligible for asylum. (Under Biden’s policy, certain migrants can overcome the presumption that they are ineligible for asylum.) The ACLU and other groups have sought to block the rule in federal court in San Francisco, in front of the same judge who stopped the Trump policy years ago.

The new filing provides the first look at how the Biden administration’s asylum policy is affecting migrants who have ignored the government’s warnings not to cross the border.

“This newly released data confirms that the new asylum restrictions are as harsh as advocates warned,” said Aaron Reichlin-Melnick, policy director at the American Immigration Council. “The data contradicts conservative attacks on the rule for being too lenient. Less than 1 in 10 people subject to the rule have been able to rebut its presumption against asylum eligibility.”

. . . .

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Read Hamed’s full story at the link.

None of the statistics cited in the article actually give a full picture, since the don’t account for 1) families, 2) children, and 3) those processed at ports of entry using the highly controversial “CBP One App.” Nor do they give insights into what happens to those denied access to the asylum adjudication system.

As Aaron Reichlin-Melnick points out, increased rejections of legal access are exactly what experts, including our Round Table of Former Immigration Judges, predicted in vigorously opposing the Administration’s ill-advised regulatory changes. See, e.g., https://immigrationcourtside.com/2023/03/27/⚔️🛡-round-table-joins-chorus-of-human-rights-experts-slamming-biden-administrations-abominable-death-to-asylum-seekers-☠️-proposed/.

In the article, DHS official Blas Nuñez-Neto babbles on about the wonders of mindless extralegal enforcement as a “deterrent.” In a classic example of disingenuous misdirection, Nuñez-Neto appears to suggest that “success” in implementing asylum laws should be measured in terms of the number of individuals denied access or discouraged from applying.

Actually, success in implementing asylum laws should be measured solely by whether 1) all asylum applicants regardless of status or where they apply are treated fairly and humanely; and 2) those eligible for asylum under a properly generous, protection-focused application of asylum laws are actually granted asylum in a timely manner complying with due process. By those measures, there is zero (O) evidence that the Biden Administration’s approach is “successful.”

Moreover, Nuñez-Neto’s comments and much of the media focus skirt the real issue here. Border apprehensions have decreased because asylum seekers in Northern Mexico appear to be “waiting to see” if the “CBP One App System” at ports of entry actually offers them a fair, viable, orderly way of applying for asylum. In other words, does the Biden Administration’s legal asylum processing system have “street credibility?”

So far, CBP One and DHS appear determined to “flunk” that test; the App continues to be plagued with technical and access glitches, and the numbers of appointments available is grossly inadequate to meet the well-known and largely predictable demand.

If the border lurches out of control in the future, it probably will be not the fault of legal asylum seekers. Rather, it will be caused by poorly-conceived and legally questionable Biden “deterrence policies” and the restrictionist politicians (in both parties, but primarily the GOP) who are “egging them on.” That is, an Administration unable to distinguish its friends from its enemies and unwilling to develop a comprehensive strategy for dealing with the inevitably of refugee flows by creatively and positively using and “leveraging” the ample (if imperfect) existing tools under our legal system.

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ADMINISTRATION’S FLUBBED RESETTLEMENT (NON) EFFORT EMPOWERS GOP WHITE NATIONALISTS, VEXES PROGRESSIVE DEMS

Nick Miroff & Joanna Slater report for WashPost:

NEW YORK — On the fourth day of his new life in New York City, Antony Reyes set out from the opulent lobby of Manhattan’s Roosevelt Hotelwith an empty wallet and the address of a juice bar on Broadway possibly offering some work.

Reyes had been staying at the crowded hotel-turned-emergency service center, hunting odd jobs during the day along with other newly arrived Venezuelans who navigated the streets of midtown using “Las Pantallas”— the Screens (a.k.a. Times Square) as a landmark.

“I just want to work,” Reyes said in Spanish. “I didn’t come here to be a burden on anyone.”

Reyes, 23, was among the tens of thousands of migrants who rushed to cross the U.S.-Mexico border ahead of May 11, when the Biden administration lifted the pandemic policy known as Title 42. The largest group were Venezuelans, who have been arriving to the United States in record numbers since 2021.

Unlike previous waves of Latin American immigrants who gravitated to communities where friends and family could receive them, the most recent Venezuelan newcomers tend to lack those networks in the United States. Many have headed straight to New York, whose shelter system guarantees a bed to anyone regardless of immigration status.

City officials say they are housing more than 48,000 migrants across an array of hotels, dormitories and makeshift shelters that now spans 169 emergency sites.

New York has spent $1.2 billion on the relief effort since last summer. The ballooning costs have left Mayor Eric Adams feuding with local leaders upstate over who should take responsibility for the migrants, and he has also called out President Biden, a fellow Democrat, for not sending more aid.

Other U.S. cities are struggling with the influx too. Denver, Philadelphia and Washington — all cities with Democratic mayors — have received migrants bused from Texas as part of a campaign by Republican Gov. Greg Abbott to denounce Biden administration border policies. In Chicago, migrants have slept in police stations while awaiting shelter beds.

Officials in those cities are scrambling to find bed space and clamoring for more federal assistance. But the ad hoc nature of the humanitarian effort raises questions about the ability of New York City and other jurisdictions to receive and resettle so many newcomers.

The flow of Venezuelans crossing the southern border has dropped since the Title 42 policy ended, even as many continue arriving in cities in northern Mexico in hopes of reaching the United States. The Biden administration is tightening border controls and urging Venezuelans and others to apply for legal U.S. entry using a mobile app, while expanding the number of slots available for asylum seekers to make an appointment at an official border crossing.

The number of people requesting appointments, however, far outstrips supply.

The influx of migrants in New York has pushed the city’s total shelter population to 95,000, up from 45,000 when Adams took office in January 2022.

“We have reached a point where the system is buckling,” Anne Williams-Isom, deputy mayor for health and human services, told reporters at a news conference in late May.

. . . .

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Read the rest of Nick’s & Joanna’s article at the link.

This Administration has been in office more than two years, with knowledge of the inevitable flow of asylum seekers, particularly from Venezuela and access to some of the best and most innovative human rights experts in the private sector.

Yet, this Administration has failed to 1) put in place an orderly nationwide resettlement system in partnership with the many NGOs and some localities “already in the business;” 2) construct “regional reception centers” to provide food, shelter, representation, and support to asylum seekers during the legal process, as recommended by many experts, and 3) restore functionality and timeliness to the legal asylum systems at USCIS and EOIR by a) cleaning out the “deadwood” (or worse) accumulated during the Trump Administration, and b) hiring experts, not afraid to properly use asylum and other laws to “protect rather than reject” and to replace the anti-asylum culture and legal regimes installed and encouraged at DHS and EOIR under Tump.

Additionally, most Venezuelans can’t be returned anyway, and the Administration’s apparent hope to “orbit” many of them to Mexico, a country far less able to absorb them than than the U.S., is ill-advised at best.

Consequently, updating TPS for Venezuelans and others, thus providing employment authorization and keeping them out of the already dysfunctional asylum system, should have been a “no brainer” for this Administration.

This is a truly miserable absence of creative, practical problems-solving by a group that ran on promises to do better. Given the shortage of affordable housing in NY and other areas, why not “replicate and update” the CCC, WPA, and other public works projects from FDR’s “New Deal?”

Give those arriving individuals with the skill sets opportunities to construct affordable housing for anyone in need, with an chance to live in the finished product as an added incentive! Let migrants be contributors and view their presence as an opportunity to be built upon rather than as a “problem” that can’t be solved.

Not rocket science! 🚀 But, evidently “above the pay grade” for Biden Administration immigration policy wonks!

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CONSTITUTION MOCKED BY ALL THREE BRANCHES AS KIDS CONTINUE TO FACE IMMIGRATION COURT ALONE!

https://documentedny.com/2023/06/20/unaccompanied-minors-immigration-court-asylum/

GIULIA MCDONNELL NIETO DEL RIO reports for Documented:

The 10-year-old boy sat in a chair that was too big for him and he asked the immigration judge in Spanish if he could speak to the court.

“Please, don’t deport me,” the boy, Dominick Rodriguez-Herrera, pleaded into the microphone. “I want to stay with my brother.”

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Then he buried his head into his mother’s stomach as they embraced, tears welling in both their eyes. “Don’t cry,” his mother told him softly, with one arm around Dominick, and the other holding her two-month-old son who whined on her shoulder.

Also Read: The Central American Minors Program Struggles to Get Back on Its Feet

The family, from Guatemala, was at the Broadway immigration court in Lower Manhattan last week for an initial hearing in Dominick’s immigration case. Dominick had crossed the U.S.-Mexico border alone in March of 2022, and was designated as an unaccompanied minor.

Dominick’s mother, Nelly Herrera, told Documented the ordeal began when they were both kidnapped in Mexico and separated. She said Dominick escaped their captors and reached the U.S. border. Malnourished and thin from weeks of little food, he managed to squeeze through a wall into California, although she’s not sure where. He was only eight years old, and had no idea where his mother was.

“He doesn’t talk about all that a lot because he says it’s something he doesn’t want to be reminded of anymore,” she said.

After authorities helped Herrera escape her captors in Mexico, she and Dominick were reunited last year. Now, without a lawyer, they are fighting for a chance for Dominick to stay with her in the U.S.

At a time when immigration courts are struggling to manage the high volume of migrants coming to New York City, another section of the system is facing a high volume of deportation cases: those of unaccompanied minors – children who entered the U.S. when they were under the age of 18, without a parent. Many of them show up to court without an attorney, and advocates are concerned that there aren’t enough resources to reach all of them.

“We are definitely seeing an uptick in the numbers,” said Sierra Kraft, executive director of a coalition called the Immigrant Children Advocates Relief Effort (ICARE).

Kraft said she observed the juvenile docket several times this year and found hundreds of children had come to court without legal representation.

“There was a little two year old that was sitting there with a sponsor, and they had no representation and really no idea what to do next. So it’s a real crisis,” Kraft said.

. . . .

At a Senate hearing on the safety of unaccompanied migrant children in Congress last week, Lorie Davidson, Vice President of Children and Family Services at Lutheran Immigration and Refugee Service, testified that most unaccompanied children do not have an attorney to represent them.

“I do not know of any other circumstances in which a three-year-old would have to represent themselves in court. It is indefensible,” Davidson said at the hearing.

. . . .

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Read Giulia’s complete article at the link.

Administrations of both parties have employed and disgracefully defended this clearly unconstitutional, due-process-denying process. The “low point” was probably during the Obama Administration when an EOIR Assistant Chief Immigration Judge infamously claimed that he could “teach asylum law to toddlers” — touching off an avalanche of internet satire. See https://www.aclu.org/video/can-toddlers-really-represent-themselves-immigration-court.

But, the Executive has had plenty of help from Congress and the Article III Courts, who both have failed to end this mockery of constitutional due process as well as common sense. It’s hard to imagine a more glaring, depressing example of failure of public officials to take their oaths of office seriously!

On the other hand, NY Immigration Judge Olivia Cassin, mentioned in the full article, is the right person for the job of handling the so-called “juvenile docket” at EOIR. A true expert in immigration and human rights laws, she came to the job several decades ago with deep experience and understanding gained from representing individuals pro bono in Immigration Court.

She is a model of what should be the rule, not the exception, for those sitting on the Immigration Bench at both the trial and appellate levels. Although AG Garland has done somewhat better than his predecessors in “balancing” his appointments, EOIR still skews far too much toward those with only prosecutorial experience or lacking ANY previous immigration and human rights qualifications.

Consequently, poor, inconsistent, and uneven judicial performance remains endemic at EOIR and not sufficiently addressed by Garland in his two plus years in office. Just another reason why Garland’s failing courts are running a 2 million case backlog and are unable to provide the nationwide due process, guidance, leadership, and consistency that EOIR was supposedly created to furnish.

Brilliant, well-qualified, and committed as individuals like Judge Cassin are, they are not going to be able to solve this problem without some help and leadership from above. Sadly, this doesn’t appear got be on the horizon.

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UPHOLDING THE RULE OF LAW & HUMAN DECENCY FOR REFUGEES HAS BEEN LEFT LARGELY TO NGOs IN LIGHT OF THE USG’S SYSTEMIC FAILURE

Jenell Scarborough, Pathway to Citizenship Coordinator at **EL CENTRO HISPANO INC, reports on Linkedin on a on a more optimistic note about the activities of those who actually are working to preserve and extend the rule of law and human decency to refugees:**

What a way to celebrate World Refugee Day, with a community listening section where we meet community leaders who every day make extraordinary efforts to join forces and serve Immigrants and Refugees. We’re not just hearing from Eva A. Millona Chief, USCIS Office of Citizenship, Partnership and Engagement and the Chief of Foreign Affairs for Foster America.
Thanks to Cristina España for keeping us connected with local government agencies and making visible the work of grassroots organizations, where El Centro Hispano works tirelessly. Without a doubt a great night!

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Way to go, Jenell. Encouraging to know that you are taking our legal obligations to refugees seriously, even if too many USG officials in all three branches aren’t! (Eva A. Millona of USCIS, mentioned in the post appears to be a rare exception among those in leadership positions within this Administration).

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🇺🇸 MAKE EVERY DAY WORLD REFUGEE DAY, & Due Process Forever!

PWS

06-21-23

🗽 AFTER DECADES OF INEXCUSABLE FAILURE & CRUEL GIMMICKS, AMERICA 🇺🇸 CAN & SHOULD DO MUCH BETTER FOR ASYLUM SEEKERS — AN ESSENTIAL GROUP OF LEGAL IMMIGRANTS — New AILA Report Tells How! ⚖️

Clown Parade — AILA says this vision of the USG’s Asylum Program could be changed for the better. PHOTO: Public Domain

https://www.aila.org/highstakesasylum

Introduction

There should be a process, but there does need to be some space to be able to do this process. When you are in the thick of applying for asylum, you’re going to commit errors, you’re going to make mistakes, and it’s my understanding that these are the things that get you sent home. The work of an attorney is so important because you [as the applicant] have to turn over your soul, the best of you in this interview. The hardest part is the time, and the details required to demonstrate to the U.S. you are worthy of being allowed to remain herei

Lara Boston, MA Recently received her green card based on an asylum grant.

For people fleeing violence and persecution, nothing is more important than finding safety. For more than 40 years, U.S. asylum law has guaranteed asylum seekers the right to access legal protections enabling them to stay in the United States and avoid being returned to danger. But since the Refugee Act was signed into law in 1980, the laws on asylum eligibility have grown into a maze of convoluted requirements and pitfalls, like the children’s game “Chutes and Ladders,” with potentially deadly consequences.

Because of the complexity and requirements of asylum law, it takes time to prepare an asylum application. In my 25 years of practice, I have prepared and filed hundreds of asylum applications. Based on my experience, it takes time to get an accurate account of someone’s life when there’s violence and trauma involved. It takes time to find evidence of torture and persecution. When you read this report, I encourage you to try to imagine navigating the complex legal steps in the asylum process. Then, imagine doing it without an attorney, a nearly impossible task as extensive research and data has shown.1

This report comes at a critical moment when increased migration to the U.S. southern border and intense political pressure are pushing lawmakers to process asylum seekers faster. Faster can be accomplished, but it must also be fairer. If the system is fair, people meriting protection will receive it and those not eligible can and must depart. Toward that end, this report includes several recommendations that improve asylum processing so that it is both fair and more efficient. It is our hope that this report will contribute to policy reforms that are grounded in the realities of asylum law and the system that implements it.

Jeremy McKinney President, American Immigration Lawyers Association (AILA)

i Quotes by Lara throughout the report are from an interview conducted primarily in Spanish and then translated into English.

High-Stakes Asylum How Long an Asylum Case Takes and How We Can Do Better 3 AILA Doc. No. 23061202. (Posted 6/14/23)

Return to TOC

Executive summary and recommendations

The heightened levels of migration worldwide are drawing intense political and media attention to the United States’ southern border, including radical calls for blocking access to asylum seekers that would undo longstanding American humanitarian principles. More balanced, smarter approaches are available. In fact, since taking office, the Biden Administration has implemented several such policies, including the scale-up of resources to screen asylum seekers at the border and the expansion of existing legal pathways for people to obtain protection.

Unfortunately, the President is also accelerating and truncating the asylum system in an attempt to speed up the process with policies like the 2022 asylum processing rule and the dedicated dockets program.ii AILA has forcefully opposed these recent policies because they are restricting or blocking asylum access and, as a result, deeply compromising the integrity and fairness of the U.S. system.iii

This report on the asylum process draws principally upon the expertise of AILA’s membership of more than 16,000 immigration attorneys and law professors nationwide who provided more than 300 detailed responses to a survey about the critical steps and time required to prepare an asylum case.iv The report’s principal conclusion is that the minimum time required for an attorney to properly prepare an asylum case is 50 to 75 hours. While this estimate accounts for some complications, an asylum case can take much longer. For example, the attorney may need to find evidence of torture in a country that is still wracked by political violence or devote extensive interview time to obtain sensitive information from the asylum applicant while they are still suffering from trauma. See Appendix I.

The government can greatly increase the efficiency of the asylum process by increasing agency resources and capacity and by eliminating existing delays within the system. Some of those steps are being taken, but further action is urgently needed . AILA recommends the Biden Administration use a systemwide, all-of-government approach to implement a range of solutions that will improve asylum processing and the management of migration at the U.S. southern border.

America needs an asylum system that is in line with the nation’s commitments to protect asylum seekers and ensure a fair legal process while also meeting the urgent demand for greater efficiency and capacity. The country’s immigration system must be able to quickly identify who has a legitimate claim for humanitarian protection and who does not. Those not eligible should be required to depart. But imposing strict, arbitrary timelines for asylum that do not allow for adequate preparation will result in eligible asylum seekers being denied protection and sent back to face persecution or death.

ii The asylum processing rule is formally known as “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers.” New enrollment is currently paused as the Biden administration focuses on the transition away from Title 42. For recent updates, see Featured Issue: Asylum and Credible Fear Interim Final Rule, AILA, https://www.aila.org/advo-media/issues/featured-issue-asylum-and-credible-fear#:~:text=The%20 interim%20final%20rule%20%E2%80%9CProcedures,for%20individuals%20in%20expedited%20removal. See infra at Biden administration fast-tracked programs limit the opportunity to access counsel for more information on the asylum processing rule and the dedicated docket program.

iii E.g., AILA and the Council Submit Comments on Credible Fear Screening and Asylum Processing IFR, May 26, 2022, https:// www.aila.org/infonet/comments-on-credible-fear-screening; AILA Joins Legal Service & Mental Health Providers in Letter to Administration Expressing Grave Concerns over the “Dedicated Docket”, Oct. 5, 2022, https://www.aila.org/advo-media/ aila-correspondence/2022/letter-to-administration-expressing-grave-concerns; AILA and the Council Submit Comments on Circumvention of Lawful Pathways Proposed Rule, Mar. 26, 2023, https://www.aila.org/infonet/comments-on-circumvention- of-lawful-pathways.

iv See Appendix II.

High-Stakes Asylum How Long an Asylum Case Takes and How We Can Do Better 4 AILA Doc. No. 23061202. (Posted 6/14/23)

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Ultimately, systemwide changes can only be accomplished through congressional action to appropriate the funding required to meet these systemic demands. After three decades of inaction, Congress must pass immigration laws that ensure America’s immigration system is ready for the future.

Key findings

The basic steps of preparing an asylum application takes an estimated minimum of 50 to 75 hours. This work cannot be done in one continuous period; instead, it is carried out over the course of several months. Cases with significant complexity can take far more time than this estimate.

Most asylum cases are not straightforward. Complicating factors that add time to an asylum case may include detention, past trauma experienced by the applicant, language barriers, and procuring evidence from foreign countries or expert witnesses such as medical testimony.

It is extremely difficult for an asylum seeker represented by counsel to sufficiently develop their asylum application within the mandatory deadlines established in the May 2022 asylum processing rule or the expedited family court “dedicated dockets.”
AILA recommendations
Ensure asylum timelines do not undermine fairness

When setting asylum processing deadlines, allow adequate time for an asylum seeker to obtain counsel and for the attorney to prepare for the case. Timelines should not rush trauma survivors who may need more time to recount their experience. Reasonable continuances should be allowed to obtain an attorney or for attorney preparation.

Waive or exempt asylum seekers from deadlines if the reason the deadline was not met is outside of their control.

Do not hold asylum seekers to the same evidentiary standards when they are subject to expedited adjudication timelines, such as the shortened deadlines of the 2022 asylum processing rule.
Reduce government delays and inefficiency

Establish uniform policies, centralized systems, and appropriate information sharing between immigration agencies. Agencies should centralize and digitize address changes across all agencies and simplify access to a noncitizen’s immigration record. These steps will enhance communication and data sharing, which will in turn reduce backlogs, avoid delays, and increase efficiency and fairness.

Reduce the immigration court backlog. Executive Office for Immigration Review (EOIR) should continue expanding initiatives to remove cases from the docket or facilitate the resolution of cases through pretrial conferencing. Immigration judges should administratively close or terminate appropriate cases, such as those eligible for a benefit with U.S. Citizenship and Immigration Service (USCIS).2

Do not expend finite prosecutorial resources on cases that can be resolved more expeditiously. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) attorneys should engage in pretrial negotiations and exercise prosecutorial discretion to avoid unnecessary litigation.
High-Stakes Asylum How Long an Asylum Case Takes and How We Can Do Better 5 AILA Doc. No. 23061202. (Posted 6/14/23)

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Legal access and representation improve fairness and government efficiency

Ensure asylum seekers and other migrants being processed rapidly at the U.S. southern border have access to legal information, advice, and full counsel during credible fear interviews (CFIs), Customs and Border Protection (CBP) inspections, and immigration court proceedings.

Congress should Fund the Department of Justice (DOJ) to provide legal representation for all immigrants. Everyone needs access to an attorney to provide legal advice and information prior to any hearings, including the CFI. Congress should appropriate DOJ funding to provide full legal representation to those in removal proceedings who cannot afford it.

Ensure access to counsel in all detention facilities. Detention facilities must be held accountable to policies that ensure attorneys have reliable confidential contact visits with clients, as well as access to free and confidential phone calls and video conferences. The government must monitor access to counsel at ICE facilities and impose penalties for violations of standards.
Reduce immigration detention

• Reduce immigration detention. Detention delays asylum cases because it creates barriers to obtaining counsel and makes case preparation far more difficult. The Department of Homeland Security (DHS) should reduce its use of immigration detention.

Improve the asylum process

The Biden administration should publish the long-awaited regulation on particular social group (PSG) asylum cases. On February 20, 2021, President Biden issued an executive order to promulgate this regulation by November 17, 2021,3 but it has not been published. A regulation would aid in consistency of application of asylum law and would reduce USCIS referrals to immigration court.

Increase transparency in adjudications by making DHS’s asylum officer training materials publicly available.

Establish an interagency task force to develop a trauma-informed adjudication system. Experts in development, mental health, welfare, and trauma science should all be involved in this process. A trauma-informed adjudication process will help ensure accurate adjudications in the first instance, which in turn will decrease appeals.

Fund additional asylum officers. Congress should appropriate funds to increase the capacity of USCIS to adjudicate asylum applications.

High-Stakes Asylum How Long an Asylum Case Takes and How We Can Do Better 6 AILA Doc. No. 23061202. (Posted 6/14/23)

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

Download and read the complete report and view accompanying video at the above link!

Here’s one of my favorite comments on Linkedin from an all-star member of the NDPA, Amy R. Grenier:

A year ago, I wanted to cite something in a regulatory comment, but the cite I needed didn’t exist yet.

Today, the American Immigration Lawyers Association released a report on asylum timelines, High-Stakes Asylum: How Long an Asylum Case Takes and How We Can Do Better. The report is based on a survey of over 300 asylum attorneys about how much time it takes to prepare an asylum application, and what complications add significant time. High-Stakes Asylum also includes recommendations on how to inject efficiency into the existing asylum process and ensure the integrity of a system that has life-and-death consequences.

I hope that you find it helpful to cite someday #immigration #lawyers #HighStakesAsylum!

Three decades ago, when I was practicing business immigration at Jones Day, we also did a robust pro bono Immigration Court BIA practice in which I played an advisory role. Even then, we allocated a minimum of 100 hours of attorney/paralegal prep time for an asylum case in Immigration Court and 40 hours for a BIA appeal.

And, at that time, the system probably wasn’t as “intentionally user unfriendly” as it is now. On some occasions, we were responding to requests for pro bono representation from Immigration Judges who believed that without representation certain previously unrepresented detained cases would “be lost and linger in the system forever.” That was long before 2 million case backlogs!

Representation is essential for due process at EOIR! This fundamental truth is neither new nor is it “rocket science!” That politicians of both parties and Article III Judges have swept this truth under the carpet doesn’t make it less true! If lives of persons who didn’t have the bad fortune to be immigrants were at issue, this intentionally due-process-denying system would have been held unconstitutional by the Supremes decades ago!

Unfortunately, A.G. Garland has fashioned a “highly, unnecessarily, and intentionally user unfriendly system” that actually discourages and impedes pro bono and low bono representation.

Alfred E. Neumann — Immigration experts and long-suffering advocates have become weary of AG Garland’s “above the fray” attitude and substandard performance on human rights and equal justice in America!
PHOTO: Wikipedia Commons

Even worse, he and his subordinates have failed miserably to “fully leverage” the amazing VIISTA Villanova program for training more highly-qualified non-attorney “accredited representatives” to rapidly close the representation gap throughout the nation. The asylum litigation “training modules” put together by VIISTA founder Professor Michele Pistone, with help from the National Institute for Trial Advocacy (“NITA”) puts EOIR/DOJ/DHS asylum training to shame!

Professor Michele Pistone
Villanova Law — The founder of VIISTA Villanova, brilliant lawyer, inspirational leader, teacher, scholar, social justice mavan, why isn’t she running and reforming EOIR? Why is Garland afraid of a proven “creative disrupter” driven 100% by a commitment to equal justice for all?

Incredibly, the Biden Administration “blew off” recommendations by experts that Professor Pistone or one of her colleagues be recruited to “shake up” EOIR and radically reform and improve training in asylum and other forms of protection.

Lack of fundamental expertise and private sector expedience representing asylum seekers is a key reason why EOIR under Garland continues to “wander in the wilderness” of legal dysfunction with no way out! So unnecessary! So damaging to democracy!

Many thanks to Jeremy McKinney, Greg Chen, and others who worked on the AILA report. Cite it! Use it! Demand that Congress heed it! Use it to force justice into Garland’s failed, dysfunctional, and unfair “Clown Courts!”🤡

🇺🇸 Due Process Forever!

PWS

06-16-23

☠️⚰️🤮🏴‍☠️ THE PARTY AT THE BOTTOM OF HUMANITY’S BARREL 🛢 — New Wave Of Fascist Cruelty & Stupidity @ The Border! — “Texas governor Greg Abbott is seated at the center of a long table surrounded by grim-faced White men, most of them elderly, in various postures of mental agita.” — The Border Chronicle

https://www.theborderchronicle.com/p/sinking-to-the-bottom?utm_source=substack&utm_medium=email

Melissa del Bosque reports for the Border Chronicle:

Both parties have doubled down on inhumane border policies, but it’s the GOP that is taking it to new depths in its race to the bottom over who can be more deliberately cruel.

It’s like some kind of grotesque Last Supper: In a publicity photo from last week’s press conference, Texas governor Greg Abbott is seated at the center of a long table surrounded by grim-faced White men, most of them elderly, in various postures of mental agita. Next to them is a large illustration on an easel board titled “Live Test of Attempt to Breach.” It shows a man with an inner tube (presumably an asylum seeker) clinging to a floating red buoy. Hundreds of these buoys Abbott announced, will be deployed on the Rio Grande near the town of Eagle Pass. The barrier will be 1,000 feet long, and its netting will extend underwater, catching anyone who tries to swim under it.

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“We don’t want anyone to get hurt,” said Steve McCraw, head of Texas’s Department of Public Safety, at the June 9 press conference. “We want to prevent people from drowning.”

The floating buoy barrier will persuade people not to cross, he said. “This is to deter them from even coming in the water.”

But we already know this isn’t true. Both McCraw and Abbott were parroting the same strategy, known as “prevention through deterrence,” introduced in the mid-1990s during the Clinton administration. It has turned our southern border into a graveyard. After nearly three decades of militarized border buildup that has pushed people into increasingly deadly terrain like the Sonoran Desert, people haven’t stopped coming. But thousands of them have died.

As Todd [Miller] recently wrote in his poignant piece about this deadly strategy, “On the cusp of summer, we can predict like clockwork that hundreds of otherwise healthy people will be dead by summer’s end. It has an aura of premeditated murder.”

These floating barriers, which, according to the manufacturer’s website, can also be reinforced with spikes, will only contribute to an already-skyrocketing death count. Abbott’s latest announcement has already spurred many human rights organizations to sound a warning. Jenn Budd, a former Border Patrol agent and now border human rights activist, along with fellow Texas-based activist Marianna Treviño Wright, released a bilingual video warning migrants of the deadly new policy.

All-in on Fascism

Abbott has long toyed with the idea of running for president. While it increasingly looks less likely that he will, Florida governor Ron DeSantis has already joined the fray. And he’s all-in on fascism. When he’s not treating fellow human beings like FedEx packages, he’s modeling himself after Viktor Orbán, Hungary’s authoritarian leader, and darling of the CPAC circuit. Last week DeSantis released “B-roll” of Florida state troopers surveying the Texas-Mexico border as they participate in Abbott’s Operation Lone Star. I suspect they didn’t include any audio in the B-roll because it would humanize the children and adults waving to the troopers from the Mexican side of the river, detracting from DeSantis’s threatening narrative of an invading army.

DeSantis’s campaign video begins with a Texas DPS officer, who sports an official DPS seal on his tactical face covering, unlocking a tiny metal door surrounded by razor wire. This is next-level border security theater, as comical as it is utterly surreal and tragic. Several other Republican-led states are also, once again, sending troopers and National Guard soldiers to the Texas border—as they did before the 2022 midterm—to wage war against the Biden White House before the election. Unfortunately, it’s border communities and migrants who are caught in the crossfire.

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For many years, I’ve documented border theater as it has ebbed and flowed depending on the political tide. But as I’ve been documenting in The Border Chronicle, we’ve reached an altogether different and deadly era of disinformation, with the GOP parroting invasion and great replacement rhetoric, and increasingly dehumanizing people, spurring mass shootings and political violence. This behavior is championed by a growing right-wing media ecosystem which in turn promotes more anti-democratic and extremist behavior.

I spoke with Sergio Muñoz, vice president of Media Matters for America, a nonprofit that has tracked conservative media for nearly two decades. I quoted Muñoz in a recent article, and wanted to include my full Q&A with him here. As Muñoz warns, the U.S. is in a “dangerous moment” as it approaches the 2024 presidential election.

. . . .

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

Read Melissa’s full report, including the interview with Sergio Muñoz at the above link.

Yes, “deterrence gimmicks” directed at refugees have a decades-long proven record of failure. You can just look at the efforts of the EU to “bar the door” to refugees from Africa and the Middle
East.

The boats continue to come, some sink, people drown. But, not surprisingly to those other than the “overprivileged and elitist White power class” like Abbott and DeSantis, desperate individuals forced from their homes are going continue to come — at any cost, even their own health, safety, and sometime lives.

Most would rather “risk it all” on a shot — even a very long shot — at stability and a real life, rather than facing the certainty of wasting away without hope, freedom, or opportunity and having to watch the same thing happening to younger generations. Some, against all odds, continue to believe that rich, powerfu Western countries like the U.S. will eventually live up to their solemn legal obligations to protect refugees and asylum seekers!

While, as Melissa cogently points out, these inane, yet deadly, gimmicks do kill migrants, they don’t do so at a high enough rate to materially affect the flow. It’s just causing pain, suffering, and sometimes death for their own perverted sake.

Apparently, neo-fascists like Abbott, DeSantis, Trump, and their “role model” Stephen Miller just “get off on” watching others suffer unnecessarily. Bullies and cowards often get a kick out of observing the effects of their handiwork.

Meanwhile, the public money being wasted on these cruel, yet ultimately ineffective stunts (remember former AZ Gov. Ducey’s shipping containers arrayed and then disassembled at government expense), could much, much better be spent on providing representation, organized resettlement, and humanitarian assistance to asylum seekers.

As Melissa says, the GOP’s (and sometimes, unfortunately the Dems’) “uber-enforcement/deterrence gimmicks are “as comical as [they are] utterly surreal and tragic.” It’s time for decent Americans to “just say no” to these horrible folks and their failed and deadly policies of dehumanization and degradation!

🇺🇸 Due Process Forever!

PWS

06-15-23

🤯 CAIR COALITION COGENTLY CONCLUDES: CANNED CLAPTRAP CAN’T CHANGE CRATERING CLOWN COURTS! 🤡

https://www.caircoalition.org/2023/06/12/breaking-attorneys-advocate-better-due-process-response-immigration-judges-making

BREAKING: Attorneys advocate for better due process in response to immigration judges making conveyor-belt deportation decisions

June 12, 2023

Immigration attorneys nationwide have witnessed a concerning increase in immigration judges issuing deportation decisions without individualized analysis. Instead, these barebones decisions often rely on boilerplate “form addenda,” which are standardized summaries of immigration law not specific to any noncitizen’s case.

This week, in response to these concerning practices, Capital Area Immigrants’ Rights (CAIR) Coalition and pro bono counsel O’Melveny & Myers, along with over 50 partner organizations, have submitted a letter advocating that the Executive Office for Immigration Review (EOIR) reform its policies governing the use of form addenda.

Because they are not specific to a person’s individual case and are instead just stapled to a deportation order as legal justification, the addenda usually include irrelevant issues and sometimes incorrect statements of the law. Plus, the noncitizen and their attorney often never see a copy of the addenda.

The sign-on letter urges EOIR to take multiple, concrete steps to change its policies governing the use of form addenda. These measures include increased training on addenda usage for immigration judges, making form addenda publicly accessible, and appointing an ombudsman to investigate addenda misuse.

“Due to the drastic consequences for immigrants in deportation cases—including family separation and possible persecution and death in people’s home countries—the law requires U.S. immigration judges to conduct an individualized analysis of each noncitizen’s case when deciding on their removal proceedings,” said Peter Alfredson, Senior Attorney at CAIR Coalition. “When the stakes are that high, noncitizens deserve to know that judges are taking their claims seriously—or even looking at their claims at all—and issuing decisions that reflect that responsibility.”

“Immigration judges merely staple these form addenda to a removal order instead of doing their job to analyze each person’s case.” said Adina Appelbaum, Program Director of the Immigration Impact Lab at CAIR Coalition. “We need clearer policies from EOIR so that if judges use these addenda, they will do so in a way that is fair and respectful to the noncitizens whose lives are in their hands.”

Adina Appelbaum
Director, Immigration Impact Lab
CAIR Coalition
Charter Member, NDPA
PHOTO: “30 Under 30” from Forbes

————-

Contact

Erin Barnaby, CAIR Coalition | erin@caircoalition.org

————-

About Capital Area Immigrants’ Rights Coalition

Through free legal, social, and litigation services, Capital Area Immigrants’ Rights (CAIR) works to ensure equal justice for immigrants in the Capital region who are at risk of detention and deportation.

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Crazy catastrophic courts can’t continue!

🇺🇸 Due Process Forever!

PWS

06-14-23

🏴‍☠️ EOIR DENIES DUE PROCESS TO ASYLUM SEEKER, SAYS SLIT 9TH! — Dysfunctional Agency Renowned For “Aimless Docket Reshuffling” Of Scheduled, “Ready to Try” Cases Can’t Spare Time For Same-Day Filing By Newly Retained Counsel In “Life Or Death Matter!” — Arizmendi-Medina v. Garland

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/06/07/21-298.pdfw

KEY QUOTE FROM CIRCUIT JUDGE RONALD LEE GILMAN’S MAJORITY OPINION:

. . . .

Third, the IJ was hardly inconvenienced at all. Arizmendi-Medina’s counsel offered to submit the application while the IJ was still on the bench. Although this might have required the IJ to recall Arizmendi-Medina’s case at the end of the IJ’s docket, this inconvenience was truly minimal. Cf. Jerezano, 169 F.3d at 615 (“While an IJ need not linger in the courtroom awaiting tardy litigants, so long as he is there on other business and the delay is short[,] …it is an abuse of discretion to treat a slightly late appearance as a nonappearance.”). Further, as discussed above, the December 18, 2018 hearing was a Master Calendar hearing, not a merits hearing. This means that the proceedings were ultimately not delayed at all.

And fourth, we consider the total number of continuances previously granted to Arizmendi-Medina. He received two very short continuances (only two weeks each) to find an attorney at the beginning of his immigration proceedings on July 31, 2018 and August 15, 2018. See Cruz Rendon, 603 F.3d at 1106–07, 1110 (finding that two one- month continuances were both “exceedingly short”). The proceedings were then reset at the hearing on August 29, 2018 because Arizmendi-Medina requested, and the IJ granted, a change of venue. The next hearing was scheduled for October 24, 2018 before a new IJ. Although this certainly gave Arizmendi-Medina more time to find an attorney, this delay was primarily due to the change of venue and getting the case calendared in a new court.

Finally, after Arizmendi-Medina was required to proceed pro se and was found removable at the hearing on October 24, 2018, the IJ granted another continuance so that Arizmendi-Medina could continue to look for an attorney and work on his relief application (which was presented to him for the first time at the October 24, 2018 hearing).

20 ARIZMENDI-MEDINA V. GARLAND

Arizmendi-Medina thus received only one continuance after he was found removable and presented with a relief application, and he received zero continuances after he finally secured an attorney. From start to finish, the proceedings against Arizmendi-Medina were delayed for less than five months, with nearly two months of that delay due to the change of venue.

Ultimately, all of the Ahmed factors weigh in favor of finding that the IJ abused his discretion in not granting a continuance so that Arizmendi-Medina’s recently-retained counsel could complete and submit the relief application on December 18, 2018. The abuse is especially apparent given the offer of Arizmendi-Medina’s counsel to submit the application later that same day. Such an abuse by the IJ counsels in favor of finding that Arizmendi-Medina was denied fundamental fairness. See id. at 1110 (finding that the IJ abused her discretion in part because the merits hearing was “less than one month after Cruz Rendon first appeared with counsel,” which contributed to the noncitizen’s difficulty in marshalling evidence in such a short time frame (emphasis in original)). This “prevented [Arizmendi-Medina] from reasonably presenting his case.” See Zetino, 622 F.3d at 1013 (quoting Ibarra-Flores, 439 F.3d 620-21).

. . . .

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

This faux “court” system has lost sight of its sole function: To provide due process hearings to individuals whose lives and futures are on the line!

In this case, the DOJ was obviously willing to spend more time and resources on denying the respondent his day in court than it would have taken to hold a merits asylum hearing! No wonder they have built an astounding, ever-growing 2 million case backlog! Don’t let Garland & company get away with blaming the private bar or respondents (that is, “the victims”) for DOJ’s continuing screw-ups at EOIR!

No real inconvenience or delay to the IJ! Life or death for the respondent! Attorney kept on a treadmill by EOIR’s unreasonable conduct! Who would take cases, particularly pro bono, under this type of tone-deaf “double standard.” (Would Trump-appointed dissenting Judge Danielle J. Forrest, who probably never has represented an individual in Immigration Court, REALLY practice law under these abusive circumstances?)

How many of you out there in “Courtside Land” have arrived on time for a scheduled merits hearing, with respondent and witnesses in tow, only to find out that your case had been “orbited” further out on the docket, with no or inadequate notice? How many have had long-prepared cases arbitrarily shuffled to a future year while having other cases where you were recently retained mindlessly “moved up” on the docket to satisfy EOIR’s latest “priority of the day?” Pretending like “every minute counts” in this hopelessly inefficient and bolloxed system is EOIR’s and DOJ’s way of deflecting attention and shifting the blame for their own, largely self-created failures!

In the “topsy turvy” fantasy world of EOIR, the dockets are overwhelming and totally screwed up! So much, that DHS recently took the unprecedented step of unilaterally declaring that (except for a small subset of “mandatory appearances”) THEY would decide which EOIR cases to staff with an Assistant Chief Counsel. See, https://immigrationcourtside.com/2023/05/31/🤯-wacko-world-of-eoir-dhs-prosecutors-deliver-the-big-middle-finger-bmf-🖕to-garlands-feckless-immigration-courts-unilate/. Implicit in this “in your face” action is the assumption that Immigration Judges will also act as prosecutors in these cases (even though Immigration Judges clearly lack some of the authority of prosecutors, including the exercise of prosecutorial discretion and stipulation to issues or relief).

On the other hand, private attorneys are systemically jerked around by EOIR and subjected to the threat of discipline for even relatively minor transgressions. Talk about an “uneven playing field!” In a system where lack of representation and under-representation are daily threats to due process and fundamental fairness, how does EOIR’s one-sided, anti-attorney, anti-immigrant conduct encourage new generations to chip in their time pro bono or low bono to bridge the ever-present “representation gap?”

In short, it does just the opposite! Some experienced practitioners have “had enough” and reduced or eliminated their Immigration Court presence while others have changed to other areas of practice because of EOIR’s continuing dysfunction under Garland. This should be a “solvable” problem — particularly in a Dem Administration! Why isn’t it?

Why is Garland getting away with this nonsense? How can we “change the playing field” and demand that Garland finally bring the due process reforms and expert judicial and professional, common-sense administrative personnel to America’s worst and most life-threatening courts?

Thanks to attorney Shannon Englert of San Diego for taking on Garland’s dysfunctional DOJ immigration bureaucracy!

Shannon Englert, ESQ Founder DYADlaw Vista, CA PHOTO: Linkedin

🇺🇸 Due Process Forever!

PWS

06-13-23

“`

🇺🇸 MAINE VOICES: A “Woke” America Is A Better America, Says Don Bessey Of Old Orchard Beach — Speak Out Against the Agenda Of Hate, Marginalization, & Dehumanization Being Touted By Right-Wing Politicos & Their Followers! — “These people should not be leading our wonderful country.”

https://www.pressherald.com/2023/06/10/maine-voices-woke-should-not-be-a-four-letter-word/

From the Portland Press Herald:

Maine Voices: ‘Woke’ should not be a four-letter word

Being aware of how we have treated and still treat other people in our society is so important to our society’s evolving that it should be honored, not vilified.

It is frustrating to see the continuous redefining of words and terms by the extremist conservative element in our society and government. One of these terms is “woke.” According to Merriam-Webster, the definition is “aware of and actively attentive to important societal facts and issues.” I will add in the qualification as well: “especially issues of ABOUT THE AUTHOR

For my entire life I have strived to embrace this philosophy, trying to listen to and understand other opinions, beliefs and religions, whether they agreed with mine or not, understanding that one cannot fully comprehend a point of view without appreciating the counterpoint. This certainly requires personal evolution and maturity. Being aware of the true history of our country, of how we have treated and still treat other people in our society, is so important to our society’s evolving that it should be honored, not vilified.

The term “woke” has now been unjustly transformed into a negative term. Let that sink in: Attention to important facts and issues, the truth, is something to avoid and discredit. Somehow, this makes sense to a significant number of our political leaders and fellow Americans. It appears that what is most troubling for those who would see “woke” as a vile four-letter word is the qualification above, that it applies to “issues of racial and social justice.”

One of the tag lines for objecting to this thought is that it may cause someone to feel uncomfortable or criticized by being confronted with these historical facts. Personally, I strongly desire to know the truth. I am delighted – admittedly, shocked sometimes – by learning about the history we were never taught, which was suppressed to a large extent for so many years by those who perpetrated many injustices. The historical truth has never made me feel bad about myself. In fact, it is enlightening. It expands my understanding of how and why we have come to this place in our evolution. It shows me how to be better and more empathetic, and it suggests the path forward.

I believe I do understand why this can be so threatening and discomforting to so many. I believe that the truth is like a mirror to them. They see their own racist views, their distrust of anyone they perceive as being “different” as a significant threat. I feel so sad for them, since in my life, through being open to other races, ethnicities, religions and thoughts, I have learned so much and have been blessed with a much more beautiful world, life and friends.

It is extremely troubling to see elected officials, the leaders of our political parties, and fellow Americans embracing and endorsing this philosophy of derision, division and hateful rhetoric that has its roots in the cesspool of white supremacist thought. They are leading us into the abyss of an authoritarian kakistocracy, or government by the worst of us. We must all, every rational one of us, stand and reject this thinking. We must only, and always, embrace truth, the actual facts. These people should not be leading our wonderful country.

Don Bessey is an Air Force veteran of the Vietnam War and a resident of Old Orchard Beach.

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

Well said, Don! Thanks for speaking out so forcefully!

Don’s views echo several previous postings from Courtside:

Walter Rhein: “When people say they are ‘anti-woke,’ I interrupt them and say ‘You mean ‘anti-black.’ They become enraged and act like they’re the victims (like racists always do).”https://wp.me/p8eeJm-8tJ

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As [Villanova University President] Father [Peter M.] Donohue said at yesterday’s celebration, “‘Woke’ means social justice!” https://wp.me/p8eeJm-8vF

🇺🇸Due Process Forever!

PWS

06-11-23

Jamelle concludes:

🇺🇸 Due Process Forever!

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🇺🇸Due Process Forever!

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Roberto Blum, Esquire, reports from Houston:

🇺🇸 Due Process Forever!

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Dan Kowalski reports for LexisNexis Immigration Community:

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Dan Kowalski reports for LexisNexis Immigration Community:

🇺🇸 Due Process Forever!

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Ian Millhiser reports for Vox:

🇺🇸 Due Process Forever!

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From the L.A. Times Editorial Board:

🇺🇸 Due Process Forever!

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Breanne writes:

🇺🇸 Due Process Forever!

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Summary

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ACCESS DENIED

Hamed Aleaziz reports for the LA Times:

ADMINISTRATION’S FLUBBED RESETTLEMENT (NON) EFFORT EMPOWERS GOP WHITE NATIONALISTS, VEXES PROGRESSIVE DEMS

Nick Miroff & Joanna Slater report for WashPost:

CONSTITUTION MOCKED BY ALL THREE BRANCHES AS KIDS CONTINUE TO FACE IMMIGRATION COURT ALONE!

GIULIA MCDONNELL NIETO DEL RIO reports for Documented:

UPHOLDING THE RULE OF LAW & HUMAN DECENCY FOR REFUGEES HAS BEEN LEFT LARGELY TO NGOs IN LIGHT OF THE USG’S SYSTEMIC FAILURE

Jenell Scarborough, Pathway to Citizenship Coordinator at EL CENTRO HISPANO INC, reports on Linkedin on a on a more optimistic note about the activities of those who actually are working to preserve and extend the rule of law and human decency to refugees:

🇺🇸 MAKE EVERY DAY WORLD REFUGEE DAY, & Due Process Forever!

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🇺🇸 Due Process Forever!

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Melissa del Bosque reports for the Border Chronicle:

🇺🇸 Due Process Forever!

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Crazy catastrophic courts can’t continue!

🇺🇸 Due Process Forever!

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KEY QUOTE FROM CIRCUIT JUDGE RONALD LEE GILMAN’S MAJORITY OPINION:

🇺🇸 Due Process Forever!

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From the Portland Press Herald:

Don’s views echo several previous postings from Courtside:

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Jenell Scarborough, Pathway to Citizenship Coordinator at **EL CENTRO HISPANO INC, reports on Linkedin on a on a more optimistic note about the activities of those who actually are working to preserve and extend the rule of law and human decency to refugees:**