☠️ ⚰️ DEADLY “BIPARTISAN BORDER POLICIES” CONTINUE TO TAKE AN UGLY HUMAN TOLL 🤮 WHILE FAILING TO DETER REFUGEES FROM SEEKING PROTECTION, EVEN IF THEY DIE IN THE PROCESS! — Melissa Del Bosque Interviews Leader Of “No More Deaths” About Shocking Increase In Preventable Deaths Caused By Cruel, Costly, & Ineffective “Bipartisan Deterrence!”  — As Innocents Die, The “Mainstream Media” Take A “Moral & Ethical Holiday!” 🤯 

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com

Melissa reports in the latest issue of The Border Chronicle:

https://open.substack.com/pub/theborderchronicle/p/a-new-report-shows-skyrocketing-deaths?

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A New Report Shows Skyrocketing Deaths in El Paso, New Mexico Border Region

“It’s really just shocking how close to help a lot of people died,” says Bryce, who led the report for the nonprofit No More Deaths.

MELISSA DEL BOSQUE
APR 9
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Illustration from the new report. Each red dot represents a life lost.

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As safe corridors for migration disappear, more people risk their lives crossing the U.S.-Mexico border. And more people die. A new report by the nonprofit No More Deaths, along with a searchable map and database, documents the increasing number of migrant deaths at the border in New Mexico and far West Texas. Until now, not much research has been done on the deaths of people migrating through this section of the border. The project was led by Bryce, a No More Deaths volunteer (who asked that we not use his last name because the Far Right has recently been targeting the group). He, along with several others, have created the most comprehensive database to date of deaths in the Border Patrol’s El Paso Sector, which includes New Mexico and two counties in Texas, El Paso and Hudspeth. The report covers 15 years, from 2008 to 2023, and it shows many disturbing trends, including the acceleration of deaths that has accompanied “prevention through deterrence,” the U.S. government’s strategy implemented in the 1990s to push migrants into more remote, dangerous crossings. That strategy is now morphing into something all the more tragic as people, increasingly women and children, are barred from accessing asylum and are dying at the doorstep of American cities and towns. In this Q&A, Bryce talks about documenting these deaths, and the discoveries that both shocked and angered him in creating this new report.

Why did you study this particular part of the border in New Mexico and far West Texas?

A couple of years ago, a few of us started getting interested in what’s happening in New Mexico, and whether there’s any need for humanitarian aid out there, just because we hadn’t really heard anything but assumed there must be something happening out there. Quickly, we noticed that there was not much data in general about the area. So I started doing public records requests. And pretty quickly, just with the first batch of data, we got about 20 deaths for 2022. We went to some of those locations to see if we’d see trails. And while we were checking out some of these locations, we found human remains right across the street from a cemetery and about 50 feet from a main road in Sunland Park [New Mexico]. It was not a remote place. It was right in town. So we started looking at the Sunland Park Fire Department’s social media page, and quickly realized that there was a lot happening and quickly. And then 2023 ended up being this record deadly year for the area.

It’s shocking that you found a dead person right there in the middle of Sunland Park. Can you tell me more about this person? Were they identified? How long had the person been there? And how could this have been missed by people who live there?

He was later identified as a man from Colombia. [His name was Johan Orozco Martinez, age 36.] He had been there for a couple of days. I’m not joking when I say he was right across the street from the Memorial Pines Cemetery, and near the shoulder of the road. Many cars drive this road, but I think typically people look toward the cemetery, and I guess they didn’t see him because they were looking in the other direction. He was in his 30s and so older than many of the usually young men you see, for instance, crossing through southern Arizona.

Two findings that really stand out to me from your report are the number of women who have died, and how increasingly people are dying within city limits and no longer just in remote areas that are hard to access. I mean, you found a person in the middle of Sunland Park. What’s going on, do you think?

The dynamics of migration are complex. But one thing that seems pretty clear is that the asylum policies in the last few years have led to an increase in some of these deaths, just from people trying to get asylum and being prevented either by metering or by turnbacks. And then feeling they have no choice but to cross through the desert. A lot of people who are crossing are older, they’re women, they’re people with health problems. The demographics, we found, were much different in the El Paso sector than in southern Arizona, with people being older and more than 50 percent of the deaths in 2023 being of women, which is unusual.

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When did the deaths start increasing? And has the increasing militarization of the border and Operation Lone Star in El Paso contributed to these deaths?

Up until 2015, there were very few deaths in this area. But especially since 2018, the deaths have just been ramping up every single year. We were in New Mexico watching Operation Lone Star soldiers put up a barbed-wire fence between New Mexico and El Paso in an area where a lot of people cross. So once you’re in the United States, even crossing into Texas from the New Mexico side has become more deadly. And you can see National Guard in El Paso patrolling and pushing people back. The more enforcement, the more the deaths increase. In El Paso, there are what I call “moats” because if people climb the border wall, there’s an irrigation canal right on the other side, which at times can be moving very quickly. Then beyond that there’s multiple highways and more canals. So if someone is being chased by Border Patrol or Operation Lone Star, there are multiple deadly obstacles.

In 2022 there was a two-week period when 15 people died in the canals, one right after the other. This was during irrigation season in El Paso. Water is released from a reservoir in New Mexico into the canals and the river to irrigate farmland further east of El Paso. When that happens, the water can be going like 20 miles per hour. Unless somebody physically rescues you, there’s no way of getting out once you’ve fallen in. I watched a news broadcast in El Paso where they made a public service announcement about drowning deaths in El Paso, saying like, “Irrigation season is here, stay away from the canals, watch out for drowning.” But if you read all the autopsy reports, it’s almost all migrants dying. Because the medical examiner doesn’t flag whether it’s a migration-related death, you end up getting these weird statistics about drowning deaths being on the rise in El Paso. And so they’re directing these public safety messages toward El Paso residents who are actually in very little danger of drowning. And the people who are in danger of drowning, the migrants, have no idea.

Did you also find an increase in the deaths of children?

Definitely, yes. In 2018, two eight-year-old Guatemalan kids died. There’s a lot of teenagers dying, crossing the border wall, a lot of them drowning in El Paso city itself. For instance, there was a Russian man and his teenage daughter who both fell into a canal and drowned. They were running from Border Patrol agents. I believe that happened in 2021. We saw fewer deaths of younger people in New Mexico.

You also found that Customs and Border Protection is significantly undercounting deaths related to enforcement. Can you talk about this finding?

CBP is supposed to keep track of migrant deaths and CBP enforcement-related deaths, but we found that the agency is severely undercounting them. There’s been a lot of documentation in the past, talking about that fact, but there hasn’t been a whole lot of quantifying that undercount. Aside from the Arizona data that the Pima County Office of the Medical Examiner and Humane Borders have reported. For example, in one year we found 39 deaths, while CBP reported only 10 deaths.

We looked at investigator reports and so we were able to read the narratives, and learn circumstances around the deaths. We were able to see if someone was chased by Border Patrol, either on foot or by vehicle, or if they died in Border Patrol custody. We found that Border Patrol had tried to underplay some of these deaths.

We found that 15 percent of all migrant deaths in the El Paso sector were caused directly by Border Patrol due to chases or use of force, also due to custody deaths, or falls from the border wall. Humane Borders doesn’t track deaths related to Border Patrol enforcement. So this is the first instance that I’m aware of, where we are able to quantify the CBP undercount of Border Patrol-related deaths.

For 2022, for instance, we found 16 deaths that should have been reported by CBP as CBP-related deaths. CBP had only reported six of those deaths. Of the 16 we found, I think it’s still an undercount, because a lot of the investigative reports use vague or passive language about a person “jumping into the canal,” for instance. So you don’t know if the person was actually chased. So we only included cases where it’s very explicit.

What surprised you most in working on this report?

It’s really just shocking how close to help a lot of people died. I’m used to southern Arizona, where the terrain and trails are very remote. But we found people dying across the street from the cemetery, people dying a short walk from the Dollar General store. We’ve had this narrative of “prevention through deterrence” for the last few decades, which has pushed people away from cities into remote areas where they’re more prone to dying from heat exposure or something else. But now the border is militarized to the point where even Sunland Park, this suburb of El Paso, can be as deadly as the middle of nowhere in southern Arizona.

Last June, for instance, something like 40 percent more people died in Doña Ana County in New Mexico than the entire state of Arizona. Most of these deaths were close to the highway or close to a town. It’s a dynamic that has not really been studied. And the fact that it’s been happening for years without anybody really noticing is really scary.

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With these findings, are No More Deaths and other humanitarian groups mobilizing to do search-and-rescue and water drops in this area?

Like Texas, much of the land in New Mexico where people are dying is privately owned land, so it’s difficult to access for humanitarian groups.

We’ve been going there about once a month for the past year to try to organize some support. There’s a group that doesn’t have a name yet that we’ve started to work with, that’s putting out water in some of these areas. There’s another group from southern Arizona that has moved over to New Mexico to search for remains in the desert.

We’re hoping the news will spread and that others will join to help. We have some money to help out some groups that are forming. We’re really hoping that groups will form on their own for search-and-rescue and putting out water. Because right now, Border Patrol is the only game in town if you call 911 as a migrant. And Border Patrol has a horrible track record of actually helping anybody.

To get involved, learn more, or support humanitarian efforts, contact No More Deaths here.

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

Border Death
Too many members of the so-called “mainstream media” are ignoring their moral, professional, and ethical duties to report honestly on the known, preventable “human collateral damage” resulting from both current and proposed anti-asylum “border enforcement” policies!  It’s been going on for years, largely “under the political and media radar screens!” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
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

Two things stand out: 

  1. A complete lack of accountability for the misguided politicos and bureaucrats who are dishonestly pushing these immoral and ineffective policies without “owning up” to both the known deadly consequences and the lack of long-term “deterrent” value (even assuming, as I do not, that effective deterrence could justify immoral and illegal policies) of the actions they are touting; and 
  2. A complete abdication of professional journalistic standards and performance from the many members of the so-called “mainstream media” who fail to include in each report on draconian “border control” proposals and “policies” the deadly, well-documented human consequences of those policies and who provide a toxic forum for politicos and supposed “pundits” spouting myths and  nativist propaganda about “border enforcement,” without presenting experts like Melissa, Todd Miller and many others who have actual experience with the unending trauma and futility caused by our current misguided, often flatly illegal, and clearly immoral approach to “border enforcement.”

🇺🇸 Due Process Forever!

PWS

04-10-24

   

🤯☠️ SURPRISE (NOT): SPINELESS 🐥 DEMS, BIDEN ADMINISTRATION, REPORTERS AFRAID TO CONSULT EXPERTS, HEAR FROM THOSE THEY DEHUMANIZE & CONDEMN! — Report By Todd Miller @ The Border Chronicle! — “It is for those who view politics as merely a game to be won rather than a moral terrain to advance the greatest good of all people. If you were to take this logic to its extreme, Democrats could also support an abortion ban or decertify the 2020 election. I mean, where does it end? President Biden could get that face-off surgery and become Trump himself.”

Border Death
Spineless Dem politicos think that by ignoring the deadly human consequences of their sell-out to the nativist right, they will escape moral accountability. This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
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.
Todd Miller
Todd Miller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

https://open.substack.com/pub/theborderchronicle/p/the-bipartisan-border-consensus-moves?r=1se78m&utm_medium=ios&utm_campaign=post

The Bipartisan Border Consensus Moves Right: A Q&A with Media Analyst Adam Johnson

“I went through dozens of reports, scores of articles, on the discussion of this migration bill, and the reporters talked to zero migrants and zero migrant rights groups.”

TODD MILLER
FEB 22

In recent weeks, longtime media analyst Adam Johnson has been looking through scores of articles and analyzing Democrats’ rhetoric to see how the border was being framed. One of the texts he looked at was the emergency national security supplemental bill that emerged for a vote on the Senate floor. This bipartisan border bill had been at the negotiation table for months, and it included provisions for military aid for Ukraine and Israel. The bill was ultimately voted down, after Donald Trump rejected it and the Republican Party followed suit. In our conversation, Johnson talks about his deep dive into the coverage surrounding the deal, and he speculates on what that means in this election year: that Democrats have entered new political terrain around the border and immigration enforcement. This interview is based on articles Johnson wrote for The Real News (“Media ‘Border Deal’ Coverage Erases Actual Human Stakes) and The Nation (“The Democrats’ Hard-Right Turn on Immigration Is a Disaster In Every Way”), both places that he contributes to regularly. He also wrote “Top 10 Media Euphemisms for Violent Bipartisan Anti-immigrant Policies,” at his Substack, The Column. Johnson cohosts the popular podcast Citations Needed, where they discussed the border on their February 21 edition. Johnson’s media analysis spans back nearly a decade, much of it for Fairness & Accuracy in Reporting.

Adam Johnson
Adam Johnson

Let’s start with the “border deal.” In The Real News you write that it dehumanizes migrants. Can you tell us a little bit about what the border deal is, and some key points about the coverage?

It’s a Republican border deal by framing and admission. Senators Chris Murphy, Tina Smith, and Mark Warner have framed it as a Republican border deal. Almost entirely. It is a 90 to 95 percent Republican deal in nature. They’ve repeatedly said that Republicans demanded XYZ and they gave them XYZ. This is how they’re framing it, because otherwise the hypocrisy gotcha doesn’t really work.

Can you clarify what you mean by “hypocrisy gotcha”?

If it’s not an overwhelming Republican bill, then the idea that they’re abandoning their won bill in service of Trump—which has been their primary gotcha—doesn’t make sense.

But let’s look at the substance of what the bill is.

Among other things, it has $8 billion in emergency funding for ICE, which more than doubles ICE’s enforcement budget. Do you remember “abolish ICE,” back five years ago or so?

It includes $3 billion in increased detention, a mechanism to shut down the border, and $7 billion to Customs and Border Protection, including the continuation of Trump’s wall. And so this is both objectively and how the Democrats describe a far-right Republican bill. That’s the appeal of it.

And the clever idea behind this is that a typical triangulation, that is, if you take a right-wing policy and adopt it as your own, you therefore take away that issue a little quicker come election time. It is for those who view politics as merely a game to be won rather than a moral terrain to advance the greatest good of all people. If you were to take this logic to its extreme, Democrats could also support an abortion ban or decertify the 2020 election. I mean, where does it end? President Biden could get that face-off surgery and become Trump himself.

. . . .

All this is laundered through euphemism, which I wrote about on my Substack and in The Real News, where I talk about the various ways in which the human costs are obscured. According to the International Organization for Migration, the U.S.-Mexico border is the deadliest land crossing in the world. And so if you double the enforcement, and triple the broader security apparatus, bring in more surveillance drones, more weapons, invariably more people will die. There is a real human cost to this type of militarization.

. . . .

Keep in mind, too, that Biden in 2020 mobilized a lot of the immigration activists who opposed Trump’s policies. He rode that wave to pick up a lot of young votes, a lot of progressive voters, a lot of people who are sympathetic to or adjacent to immigrant communities. And this cruel policy shift has really moved them to the right. In the days after Democrats embrace this hard-right bill, Trump began to double down on things like internment camps, shipping off immigrants, because he has to differentiate himself from the Democrats, at least rhetorically.

We’re gonna have this fortress America mentality. No one wants to deal with any of the underlying issues. And we have to deal with global inequality. No one wants to deal with climate change. That’s too egg heady and academic and difficult. We’re just going to do what we always do, which is cops and cages. And cops and cages are the solution to every social ill, whether it’s homelessness, crime, or whatever. That’s the order of the day. The bipartisan consensus. Democrats and Republicans both want it. The worst place for a vulnerable group to be is on the business end of a bipartisan consensus.

. . . .

Many Border Chronicle readers are interested in shifting the narrative. But how do you shift the narrative? Is it just too entrenched?

Some members of Congress have pushed back on this. But I think they’ve been pretty quiet. Alexandria Ocasio-Cortez pushed back in an interview, but I don’t think she’s really tweeted about it. Once you have this “we have to defeat Trump in 2024 above all else,” then everybody shuts up and goes along with it.

And I think that’s absolutely wrong. I think now is the time to stand up to this demagoguery. Adopting a Republican bill is not the solution. And, hopefully, if enough people stand up to this, then it can become politically costly for Democrats to continue doing this.

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

Read the full report at the link.

The worst place for a vulnerable group to be is on the business end of a bipartisan consensus.

These days, on immigration issues the term “bipartisan consensus” is actually a  euphemism for “Dem giveaway of others’ rights to GOP nativists.” And, of course, even after the giveaway, the GOP shows absolutely no interest is such one-sided “bipartisanship” because Der Fuhrer tells them they must vote it down.

Yet, the disingenuous media and pundits keep misusing the term “bipartisanship” as if it had real meaning! And, although holding power in two of the three political branches, while the GOP struggles mightily to cling to its narrow margin in one, Biden and the Dems “wimp out” time after time on immigration, human rights, and racial justice.

The GOP proudly advertises that it has no values beyond whatever Trump wants on any particular day.

By contrast, Dems claim to have values. But a campaign being run against those professed values and their own core voters suggests that they too have become a “transactional party of no enduring values.” 

Does America really need two political parties that stand for nothing beyond gratuitous cruelty to others and getting elected?

“Go along to get along.” Unhappily, that’s what today’s Dems appear to stand for. 

Frankly, that has been at the heart of many of the problems at EOIR, particularly in Dem Administrations that were afraid of taking the bold and sometimes controversial actions necessary to change culture, institutionalize due process, fundamental fairness, and best practices. Current AG Merrick Garland is a classic example of this failed Dem model. As a result, EOIR is a dramatically dysfunctional and unjust agency.

Will the Democratic Party keep mindlessly following in EOIR’s footsteps? What’s it going to take for the next generation of Democrats to halt the slide into moral vapidity and political irrelevance?

🇺🇸 Due Process Forever!

PWS

02-23-24

☠️ THE REAL BORDER CRISIS HAS NOTHING TO DO WITH THE BS 💩 BEING HURLED BY POLITICOS & THE MEDIA! — Todd Miller Reports From The Border For The Border Chronicle — “‘Border crisis’ rarely refers to people like the injured, sick, wet, and shivering asylum seekers at the border, who on Saturday included children and pregnant women.”

Asylum seekers walk along the border wall near Sasabe in 34-degree weather after snowfall on February 10. (Photo credit: David Damian Figueroa)
Asylum seekers walk along the border wall near Sasabe in 34-degree weather after snowfall on February 10. (Photo credit: David Damian Figueroa)
Todd Miller
Todd Miller
Border Correspondent
The Border Chronicle
PHOTO: Coder Chron

 

https://open.substack.com/pub/theborderchronicle/p/what-is-the-border-crisis-a-snowstorm?r=1se78m&utm_medium=ios&utm_campaign=post

. . . .

During the week, the term “border crisis” was featured prominently in the national airwaves in both political rhetoric and media coverage. Perhaps the term would be appropriate and accurate if it referred to people freezing in the snow and rain, or dying crossing the desert in the summer. Yet, even though thousands have died crossing the world’s most dangerous land border—including record numbers in the past two years—this is almost never mentioned in media reports on the “border crisis.” Instead, the most prominent “crisis” is the right wing narrative of an overrun, open border. Everything else follows. The Border Patrol is overwhelmed. The enforcement apparatus is overwhelmed. Washington is overwhelmed. An NBC headline alarmingly suggested that ICE and CBP might have budget shortfalls, or entirely run out of money (spoiler: that’s not going to happen). “Border crisis” has been used so frequently that it has become both abstract and mind numbing, a term deployed either to gain political points or to justify more funding for border and immigration enforcement, which has received more than a hefty $400 billion since DHS opened its doors in 2003. “Border crisis” rarely refers to people like the injured, sick, wet, and shivering asylum seekers at the border, who on Saturday included children and pregnant women.

Perhaps instead of portraying the border as in crisis, we should say that the border, by its very design, creates crisis. I thought about this on Monday when I went down with a group of Green Valley Samaritan volunteers to where the asylum seekers had crossed. The snow was gone, but the mud puddles were not. The makeshift camp where many of the 400 people had stayed was empty. I kneeled by a tent made of aluminum blankets where a single kid’s sandal was on the ground. I meditated on that sandal and wondered how many times I’d seen this same scenario over the decades in Arizona—a kid’s Mickey Mouse suitcase, a stuffed animal, a small pair of pants or a shirt—in places where people had camped. How many times had I seen the electrolyte bottles, black bottles, empty tin cans in desolate places of the desert where people couldn’t possibly carry enough water to get where they were going?

A child’s sandal left behind at the makeshift camp along the border near Sasabe on February 12. (Photo credit: Todd Miller)
A child’s sandal left behind at the makeshift camp along the border near Sasabe on February 12. (Photo credit: Todd Miller)

The border is designed to create crisis; that is the deterrence strategy. Right next to the camp were two idly parked Caterpillar excavators, presumably used to construct the border wall. Staring at them over the tents and makeshift shelters, I assumed that it was machinery from Spencer Construction—a company that received more than $600 million in contracts from CBP in the summer—for “border maintenance.” Now Spencer construction crews cruise up and down the border road, “filling in the gaps” of the border wall, as the Biden administration puts it. They filled in one such gap much closer to Sasabe several months ago, and now people crossed much farther away. With its focus on enforcement, the now-rejected border bill would have injected $14.4 billion into CBP and ICE (on top of a 2024 budget that was already more than $28 billion), including more funds for wall construction. Also included in the bill was money dedicated to surveillance technology, such as more autonomous towers (in addition to the nearly 400 such towers already installed), and the further digitization of the border, including systems for taking DNA samples from border crossers, and ground and maritime drone systems (yes, boat drones). Detention Watch Network describes the bill’s proposed expansion of ICE’s detention and deportation apparatus as the “largest appropriation of funds for immigration detention custody and surveillance operations in ICE’s history,” which included a daily capacity for detainment rising from 34,000 people to 50,000. Mind you, many of ICE’s detention facilities are run by private companies, so, as with surveillance, the profit motive is always lurking behind the scenes.

In short, the bill was what GOP lawmakers wanted, yet they rejected it. Democrats such as Chuck Schumer and Kyrsten Sinema (or excuse me ex-Democrat, now independent) lamented that Republicans weren’t taking the border seriously—an accurate critique, since the bill was only offering more fortification, including an unprecedented provision that gave Washington the authority to shut down the border (though it was unclear what closing the border meant exactly). Even more confusing was that Donald Trump opposed ramping up enforcement. It all makes sense, however, when the election is considered: Trump wants to run against Biden on this issue, but he can hardly do that if Biden is pounding the iron fist. As ABC News reported, “Trump probably still does benefit politically from a protracted [and manufactured!] border crisis.” However, Senator Chris Murphy, who was the chief Democratic negotiator for the bill, wrote: “Republicans can’t claim that the border is in crisis and then vote against the bipartisan bill, written by their own leadership, that would fix the problem.” He concluded, “Quite simply, we risk losing the 2024 election if we do not seize this opportunity to go on offense on the issue of the border and turn the tables on Republicans on a key fall voting issue.” The Senate Democrats took Murphy’s challenge and went on the offensive with a slick video on Twitter showing Democrats as hardline border enforcers. For his part, Biden stated, “Every day between now and November the American people are going to know the only reason the border is not secure is Donald Trump and his MAGA Republican friends.” In other words, the so-called border crisis has become a race to see which candidate can better fortify the border.

As for the people freezing and in various states of medical distress, this border cold war (and the proposed border bill) only makes matters worse. On top of that, according to a press release by No More Deaths on Saturday, Border Patrol agents told the humanitarian aid organization that they were “informed of the situation,” of people stranded in potentially life-threatening conditions, “but did not plan to drive out to address it.” Volunteers began to transport people from the border wall to the Border Patrol substation, also known as its processing center, so refugees could turn themselves in. Volunteers reported that Border Patrol agents in Sasabe detained and threatened them, and took pictures of their driver’s licenses. At one point there was a “rolling roadblock” of Border Patrol trucks. One volunteer reported a situation in which two agents spoke to them at “yelling volume” that seemed to be “backed with a bunch of anger.” The agents told the volunteers that they were “breaking the law” and threatened to arrest them and impound vehicles. But the volunteers persisted, driving the 15 miles or so back to retrieve more people. More and more asylum seekers assembled in front of the Border Patrol processing center. Eventually, the school in Sasabe was opened as a temporary shelter for the night. By the end of the day, the humanitarian aid organizations evacuated every person from the border. On Sunday morning all migrants were in Border Patrol custody. And as Arizona Public Media reported, “Seemingly at odds with the aid workers’ account, Customs and Border Protection says they prioritized the humanitarian response to the migrants abandoned in the cold.”

By the time I arrived on Monday, the real crisis had come and gone. There was the shoe, the blankets now drying on the mesquite trees, the construction workers driving up and down the road in their vehicles, and a 30-foot border wall meant to push people further into the desert. No More Deaths and Samaritans volunteers cleaned up the mess in the aftermath. What played out was not just a battle between humanitarian aid and the Border Patrol. It was a battle over what the crisis really was.

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

Read the complete article at the link.

Sigh! 😮‍💨

So, our brave nation and our courageous leaders are “existentially threatened” by a bunch of desperate unarmed people patiently waiting in misery to turn themselves in to the Border Patrol for asylum screening because our Government can’t process them in a fair and timely manner through legal ports of entry as required by law! That’s despite the relative predictability of flows of forced migrants and their slow progress toward the border.

If our “intelligence” services can’t foresee very public flows of forced migrants northward, and our nation can’t prepare to fulfill our legal and moral obligations to our fellow humans, Lord help us!

$600 million for annual “border maintenance,” but not enough trained Asylum Officers to screen asylum seekers at ports of entry? $28 billion for ineffective “deterrence,” but they can’t run resettlement programs that get asylum seekers and those granted asylum to the many places in the U.S. that need their skills? Gimmie a break!

This is the human face 😢 of our shameful and preventable bipartisan failure to meet our legal, humanitarian, and moral obligations to forced migrants at the border and elsewhere! No wonder cowardly politicos and complicit media don’t have the guts to “look their victims in the eye!”👁️ 🐥

And, the failed bogus bipartisan Senate bill that the Administration and many Dems tout and the media fawn over, would have done ABSOLUTELY NOTHING  to solve this real humanitarian crisis at the border. Indeed, as almost all real border experts agree, it would have made the suffering and dereliction of duty by our Government immeasurably worse for these our fellow humans in need!

Thanks to folks like Todd Miller and Melissa del Bosque for bearing witness, speaking truth, and refusing to let our nation’s grotesque abuses of, and intentional misrepresentations about, forced migrants be swept under the carpet.

 

Border Death
Cowardly U.S. politicos and the media don’t want to take responsibility for the foreseeable deadly consequences of their chronic border failures. They would rather see their victims dead and buried, preferably on the other side of the border where they will be “out of sight, out of mind!” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
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

🇺🇸 Due Process Forever!

PWS

02-16-24

👏⚖️ TELLING IT LIKE IT IS! — Immigration Guru & Pundit Dan Kowalski Slams The Immorality & Intellectual Dishonesty Of The Viral “Border Debate” In Congress!

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Dan writes on Substack:

Let’s Abandon Ukraine So We Can Be Mean To Mexicans, et al.

Or, How To Further Debase Congress

pastedGraphic.png

DAN KOWALSKI

DEC 6, 2023

U.S. immigration law and policy, including border security and asylum, have nothing to do with Ukraine, NATO, Russia and Putin. Right?

Wrong, if you are a Republican in Congress. Here, let Sen. John Cornyn (R-TX) explain: “I think … Schumer will realize we’re serious … and then the discussions will begin in earnest.”

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If you are still having trouble with the concept, I’ll translate for you: “Yes, we understand and agree that Russia cannot be allowed to take over Ukraine, and we will fund aid to Ukraine, but in exchange, we insist on fundamental changes to our immigration laws to make sure no more Brown people come to America, starting right effing now.” (“Brown,” in this context, means anyone who is poor, Latin American, Asian, African, non-Anglophone…you get the idea.)

How will this play out in the next few weeks? I see three options: 1) Biden and the Dems cave, so the 1980 Refugee Act is scrapped, Dreamers get deported, the southern border is further militarized, and the economy tanks because a good chunk of the workforce is afraid to come to work; or 2) the GOP does a Tuberville and caves; or 3) the Unknown Unknown.

Stay tuned…

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Thanks for telling it like it is, Dan! There is no validity to the GOP’s attempt to punish asylum seekers by unconscionably returning them to danger and death with no process.

The cruelty and threat to life from forcing desperate seekers to wait in dangerous conditions in Mexico, pushing them to attempt entry in ever more deadly locations along the border, detaining them in inhumane substandard prisons in the U.S., and or returning them without meaningful screening by qualified independent decision-makers is overwhelming. That Congress, the Administration, and much of the “mainstream media” choose to ignore, and often intentionally misrepresent, truth and reality about the horrible human and fiscal wastefulness of “border deterrence” doesn’t change these facts!

Border Death
Casket makers expect a huge boon from the deadly “border negotiations” going on in the U.S. Congress. But, the bodies of many of the victims of U.S. cruelty and blatant trashing of human and legal rights of asylum seekers might never be located. Those about to be sacrificed for political ends have “no voice at the table.” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
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

The Administration’s three year failure to build a functional, robust asylum system at the border with humane reception centers, access to legal assistance, a rational resettlement system, and sweeping, readily achievable, administrative reforms and leadership changes at EOIR and the Asylum Office (as laid out by experts, whose views were dismissed) is also inexcusable. 

Yet, the media misrepresents this farce as a “debate.” It’s a false “debate” in which neither disingenuous “side” speaks for the endangered humans whose rights and lives they are bargaining away to mask their own failures and immorality.

🇺🇸 Due Process Forever!

PWS

12-08-23

⚖️🗽 WHAT DEMS SHOULD KNOW ABOUT THE BORDER — As Speculation Grows That Dems Will “Sell Out” Asylum Seekers To Get Aid For Israel & Ukraine, They Should Think About The Cruelty, Deadly Consequences & Inevitable Failure The GOP Seeks & The Real Costs Of Abandoning Human & Civil Rights —  “Deterrence won’t solve migration—it will only maim and mangle more men, women, and children.“

Border Death
Is it REALLY a good idea for Dems to trade war aid abroad for eradication of human rights and even more border deaths to appease right wing GOP extremists in Congress? — This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
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

From The Border Chronicle:

https://open.substack.com/pub/theborderchronicle/p/the-political-pathology-of-border?r=330z7&utm_medium=ios&utm_campaign=post

We are happy to announce that we will be doing occasional guest op-eds here at The Border Chronicle, and today is our first. You probably remember Brian Elmore, the emergency-medicine resident physician who did a Q&A with Melissa last month. In this op-ed he vividly describes what border deterrence does to a person’s flesh, and he makes an eloquent call for its end. After 30 years of this strategy, which has proved both deadly and harmful for people crossing the border, it is our honor to publish this reckoning and call for action, especially since we are entering an election year (it is now November, after all).

Brian is also the cofounder of Clínica Hope, a free clinic for migrants in Ciudad Juárez, Mexico, which he runs with the nonprofit Hope Border Institute.

And lastly, !Feliz Día de Muertos! Todd

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The Political Pathology of Border Deterrence: An Up-Close View of How This Policy Looks in the Emergency Room

“Deterrence won’t solve migration—it will only maim and mangle more men, women, and children. It will send more people to my emergency room. Some it will send to the morgue.”

. . . .

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

Read Dr. Elmore’s complete op-ed at the link.

So, exactly what makes “selling out” the legal, civil, and human rights of other persons a viable “strategy option” for Dem politicos, who certainly know better? See, e.g., https://www.politico.com/news/2023/11/02/biden-ukraine-aid-deal-00125125.  Sounds “pretty GOP” to me — selling rights that aren’t yours in the first place! See, e.g., Women’s Right to Choose & the “Forced Birth Movement!”

Dems shouldn’t believe that by abandoning asylum seekers and trashing both civil and human rights at the border they will gain any credit from the GOP or leverage from their xenophobic voters. They will just leave a trail of dead bodies and sow the seeds for the destruction of our democracy.

🇺🇸 Due Process Forever!

PWS

11-07-23

🏴‍☠️☠️⚰️💰 DECADES OF DEADLY FAILURE FAIL TO DIM PROFITS OF BORDER DETERRENCE GIMMICKS!

Border Death
Full coffins mean full coffers for the “border deterrence industry.” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
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
Todd Miller
Todd MIller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

Todd Miller reports for the BorderChronicle:

https://substack.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.w-bNM02eUaZHfY7ojKTD4aVI7br24RMUUozCM32pBPs?

When I first came across Cochrane International, the company that built the floating barrier deployed in Eagle Pass, Texas, I watched a demonstration the company gave with detached bemusement. I was at a gun range just outside San Antonio. It was 2017, three months after Donald Trump had been sworn in and the last day of that year’s Border Security Expo, the annual gathering of Department of Homeland Security’s top brass and hundreds of companies from the border industry. Among industry insiders, the optimism was high. With Trump’s wall rhetoric at a fever pitch, the money was in the bank.

All around me, all morning, Border Patrol agents were blasting away body-shaped cutouts in a gun competition. My ears were ringing, thanks in part to the concussion grenade I had launched—under the direction of an agent, but with great ineptitude—into an empty field as part of another hands-on demonstration. The first two days of the expo had been in the much-posher San Antonio convention center, where companies displayed their sophisticated camera systems, biometrics, and drones in a large exhibition hall. But here on the gun range we seemed to be on its raw edge.

So when a red truck with a camo-painted trailer showed up and announced its demonstration, it wasn’t too much of a surprise. The blasting bullets still echoed all around as if they would never cease. Two men jumped out of the truck wearing red shirts and khaki pants. They frantically ran around the camo trailer, like mice scurrying around a piece of cheese trying to figure out the proper angle of attack. Then the demo began. One of the men got back in the truck, and as it lurched forward, coiling razor wire began to spill out of its rear end as if it were having a bowel movement. As the truck moved forward, more and more of Cochrane’s Rapid Deployment Barrier spilled out until it extended the length of a football field or more. It was like a microwavable insta-wall, fast-food border enforcement.

Little did I know that six years later, this same company, Cochrane, would give us the floating barrier, with its wrecking ball–sized buoys connected side by side with circular saws. The floating barrier, as the Texas Standard put it, is the “centerpiece of Operation Lone Star,” Texas governor Greg Abbott’s $4.5 billion border enforcement plan. For this barrier, which has now been linked to the deaths of at least two people, the Texas Department of Public Safety awarded Cochrane an $850,000 contract.

. . . . .

When I first saw Cochrane back in 2017 among the ear-ringing gunfire on the last day of the Border Security Expo, I had a feeling I might see them again. No matter how ludicrous the rapid barrier deployment camo truck seemed to me then, there was, indeed, plenty of money to be made.

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

Money and profit over humanity, common sense, and the rule of law. Read the full article at the link.

🇺🇸 Due Process Forever!

PWS

0-19-23

🤯 🤯🤯 COURTSIDE TRIPLE HEADER! — 1) “Why Is It A Continuing Battle To Get The Biden Administration To Follow Asylum Law, As Promised,” Asks Hon. “Sir Jeffrey” Chase? — “If you’re wondering how the new system is working out, according to one report, it has resulted in asylum seekers on the Mexican side of the Laredo port of entry being robbed, kidnapped, and held for ransom.” — 2) Commentary From The Great Lenni Benson: “Confusion Abounds!” — 3) PLUS BONUS BORDER COVERAGE FROM MICA ROSENBERG @ REUTERS: Biden’s Regs Are A Humanitarian, Legal, & Moral Catastrophe Despite BS “Success” Claims From Disingenuous USG Officials! ☠️

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

https://www.jeffreyschase.com/blog/2023/7/5/bidens-asylum-bar

Biden’s Asylum Bar

I’m sure many of you remember a childhood game called “Mother, May I?” An authority figure would say, “Jeff, take two giant steps forward!” But before doing so, the player would have to ask “Mother, may I?” Those two giant steps could only be taken if the response was “Yes, you may.” Otherwise, if the player took the steps, they were out.

If we were to take this game, direct the request and reply through an app called CBPOne, and make the stakes life or death, the result would be something very similar to the Biden Administration’s latest regulations governing asylum at the southern border.

The new rules are at odds with U.S. law. Congress has already authorized asylum seekers to take the necessary steps up to the border. The very first sentence of 8 U.S.C. § 1158 (the U.S. asylum statute) says that any noncitizen “whether or not at a designated port of arrival” and irrespective of their immigration status may apply for asylum.

And yet, not Congress but two Executive Branch agencies have now added a “Mother, May I?” type obstacle for those seeking to do what the law has long permitted. Under the new rules, the asylum seeker must first ask through a glitchy government phone app for specific permission (in the form of an appointment) before striding up to the border. Otherwise, the asylum seeker is simply not eligible for asylum, no matter how serious the danger they face if removed to their country.

How can Executive Branch agencies issue regulations that so directly contradict the statute those agencies are charged with enforcing? That question is the basis of a lawsuit filed by the ACLU, the National Immigrant Justice Center, and the Center for Gender and Refugee Studies in U.S. District Court.1

Our Round Table of Former Immigration Judges filed an amicus brief in support of petitioners’ arguments. We are in good company, as the USCIS asylum officers’ union filed a persuasive amicus brief as well.2 This means that groups representing the views of the only government officials authorized to decide asylum claims in this country (i.e. immigration judges and asylum officers) are united in opposing the new rule.

In our Round Table brief, we specifically take issue with the government’s false labeling of the new bar as merely a “rebuttable presumption” of asylum ineligibility.

Real rebuttable presumptions have long existed in our asylum regulations. For example, there is a rebuttable presumption that someone who has been persecuted in the past for reasons that give rise to an asylum claim may be persecuted again, unless major changes have since taken place in their country. There is also a presumption that one whose persecutor is the government of their country can’t find safety by simply relocating within that same country.

As you’ve probably noticed, there is a logic that flows in each of those examples from the known facts to the presumption. It is logical to assume that someone who was harmed before might be harmed again if conditions remain the same. The government may rebut the presumption by showing a fundamental change of the type that would put those fears to rest. There is a similar logic in concluding that a government’s reach extends throughout the country it governs. Again, the government may rebut that presumption through evidence establishing an exception to this general rule. In both of these examples, the fact established increases the likelihood of the fact presumed.

Now let’s return to the new rule. Say that a person faces brutal persecution on account of their political opinion if returned to their country. How does the fact that they couldn’t or didn’t get an appointment through a phone app in any way create a presumption that they are not in need of humanitarian protection? There can’t be a presumption if the fact established (i.e. that the person didn’t obtain an appointment through the app) is completely unrelated to the fact presumed (i.e. the person is not in need of asylum).

I believe it matters greatly whether the rule is considered a bar or a presumption. It is Congress that decides who may apply for asylum in this country. Thus, a regulation that admittedly creates a new bar to asylum (particularly where that bar is in direct contradiction to Congressional intent) is likely to be rejected as ultra vires by the courts. And in fact, a very similar bar to this one published by the Trump Administration was enjoined for just that reason.3 Agencies cannot usurp Congress’s role by legislating in the guise of rulemaking.

By attempting to disguise the new bar as merely a “rebuttable presumption,” the agencies seek to increase the odds of the ban passing muster this time. That is exactly the Department of Justice’s argument in its response brief: that its new rule is completely different from the prior administration’s “bar,” because according to DOJ, the new rule “does not treat manner of entry as dispositive, but instead creates a rebuttable presumption that can be overcome…”4

So the “Mother, may I?” regs clearly overstep the agencies’ legal authority. But do they create an equal barrier for all asylum seekers? The answer is no. As stated, the rules require one intending to apply for asylum to first obtain an appointment. Of course, there are more asylum seekers than there are available appointments. As mentioned, the government app through which one tries to secure an appointment, CBPOne, is full of glitches. As Prof. Austin Kocher recently noted, those glitches have impacted who gets those appointments:

the initial release of CBP One was accompanied by a variety of tech failures that did not necessarily undermine CBP’s ability to fill up its appointments calendar for asylum seekers but did create barriers to entry for migrants who were less tech savvy, could not access high-speed Internet, were part of larger families, or, either directly or indirectly, migrants who were darker-skinned or Black.5

That last point refers to the app’s problems with facial recognition that have caused it to reject applicants who are not white.6 As a result of these and other reported scheduling inequities, Sen. Edward Markey wrote to DHS back in February urging the agency to cease use of the app, due to its inaccessibility to many intending applicants, adding that “we cannot allow it to create a tiered system that treats asylum seekers differently based on their economic status — including the ability to pay for travel — language, nationality, or race.”.7

Instead of “ditching the app” as the Senator requested, the agencies instead added an exception to the bar if the noncitizen “demonstrates by a preponderance of the evidence that it was not possible to access or use the DHS scheduling system due to language barrier, illiteracy, significant technical failure, or other ongoing and serious obstacle.”8

However, there is a big catch. Pursuant to the rule, this exception is only available to those without an appointment who make their claim at an actual port of entry.  But observers at points of entry along the southern border report that “practices by U.S. and Mexican authorities restricted asylum seekers without CBP One appointments from physically reaching U.S. ports of entry to make protection requests.”9 So the exception written into the regs is not available in reality, as one seeking to claim it is restricted from reaching the port of entry where it must be claimed, and is barred from claiming the exception if they cross the border elsewhere.

If you’re wondering how the new system is working out, according to one report, it has resulted in asylum seekers on the Mexican side of the Laredo port of entry being robbed, kidnapped, and held for ransom.10 Another article described how some of  those “lucky” enough to have obtained CBPOne appointments at Laredo claimed “that Mexican officials in Nuevo Laredo, across the border from Laredo, Texas, had threatened to hold them and make them miss their scheduled asylum appointments unless they paid them.”11 As a result, CBPOne appointments were temporarily suspended for the Laredo port of entry.

One excluded from asylum under these rules may still seek two types of lesser protections called withholding of removal.12 Oddly, under U.S. law, these alternative protections are much more difficult than asylum to qualify for, yet provide far fewer benefits. Asylum is an actual legal status which extends to the spouse and minor children of the asylee, allows for travel abroad, and puts recipients on a path to permanent residence and then citizenship in this country. By contrast, withholding of removal arises when an individual is ordered deported, and only blocks their deportation to a country in which persecution or torture is likely to occur, but otherwise leaves the recipient in limbo. The protection provides no path to family reunification or permanent status, and no right to travel abroad to visit the family members from whom the recipient is left indefinitely separated.

Nevertheless, withholding of removal does save lives. But not satisfied with simply barring asylum, the new regulations also make these lesser forms of protection far more difficult to access. This is because one must first pass something called a “credible fear interview” in order to even have the right to apply for withholding of removal in this country. As those interviews are conducted within days of the asylum-seeker’s arrival, in custody, often before the applicant has had the opportunity to obtain legal counsel or evidence, and possibly while suffering from the effects of persecution, the credible fear standard was intentionally designed to be a low one. The idea is to allow people who might genuinely be at risk the opportunity to fully develop their cases in a full removal proceeding, while only quickly removing those lacking legitimate claims.

But the new regulations raise the burden of proof by requiring the applicant at this very early stage to demonstrate a “reasonable fear” of persecution, which USCIS describes as the exact same standard required for a grant of asylum – i.e. “well-founded fear.13 Again, the lower credible fear standard being replaced was created solely because it isn’t reasonable to expect someone to prove more under the conditions faced by such recent arrivals. This intended safeguard has thus been completely undermined, as one who might only be a day or two in the country must now present a full-blown asylum claim just to earn the chance to have a hearing.

The new process requires non-lawyers to satisfy a complex legal standard they won’t understand, often without the time to seek legal advice or compile the evidence necessary to meet the heightened burden. I have no doubt that the process will result in genuine refugees being denied protection. And once again, the entire reason for placing applicants at such heightened risk is their not having obtained an appointment on a problematic phone app.

Why does the Biden Administration believe all this is necessary? In a recent column, Jamelle Bouie addressed the vows of some Republican presidential candidates to eliminate the constitutional right to birthright citizenship through executive order.14 In addition to presenting a compelling argument as to why this cannot legally be done, Bouie included in his column a wonderful quote from Frederick Douglass: “The outspread wings of the American Eagle are broad enough to shelter all who are likely to come.”

In case the Biden Administration is wondering if it can champion that same sentiment today, in lieu of its convoluted attempt to ban protection to those deserving of it under our laws, the answer is: “Yes, you may.”

(Much thanks to attorneys Ashley Vinson Crawford and Steven Schulman of the law firm of Akin Gump for representing the group of former Immigration Judges and BIA Members on our amicus brief in East Bay Sanctuary.)

Copyright 2023, Jeffrey S. Chase. All rights reserved.

Notes:

  1. East Bay Sanctuary Covenant v. Biden, No. 18-cv-06810-JST, N.D. Cal. (Filed May 11, 2023).
  2. See Britain Eakin, “Asylum Officers, Ex-Judges Back Suit on Biden Asylum Rule,” Law360, June 8, 2023.
  3. East Bay Sanctuary v. Barr, 964 F.3d 832 (9th Cir. 2020) (holding that the Trump Administration’s asylum bar was inconsistent with our asylum laws).
  4. Defendants’ Reply Brief, East Bay Sanctuary v. Biden, (June 30, 2023) at 8.
  5. Austin Kocher, “Glitches in the Digitization of Asylum: How CBP One Turns Migrants’ Smartphones into Mobile Borders,” mdpi.com, June 20, 2023, https://www.mdpi.com/2075-4698/13/6/149, section 4.
  6. Melissa del Bosque, “Facial Recognition Bias Frustrates Black Asylum Applicants to US,” The Guardian, Feb. 8, 2023,
  7. “Senator Markey Calls on DHS to Ditch Mobile App Riddled With Glitches, Privacy Problems, For Asylum Seekers,” https://www.markey.senate.gov/news/press-releases/senator-markey-calls-on-dhs-to-ditch-mobile-app-riddled-with-glitches-privacy-problems-for-asylum-seekers.
  8. 8 C.F.R. § 1208.33(a)(2)(ii)(B).
  9. International Rescue Committee, “Limits on Access to Asylum After Title 42: One Month of Monitoring U.S.-Mexico Border Ports of Entry” (June 2023), https://www.rescue.org/sites/default/files/2023-06/Limits%20on%20Access%20to%20Asylum%20After%20Title%2042_1.pdf.
  10. Sandra Sanchez, “Kidnappings, Extortion End CBP Asylum Interviews at Laredo-Nuevo Laredo Border Crossing,” Border Report, June 14, 2023, https://www.borderreport.com/immigration/border-crime/kidnappings-extortion-end-cbp-asylum-interviews-at-laredo-nuevo-laredo-border-crossing/?ipid=promo-link-block1.
  11. Valerie Gonzalez and Julie Watson, “U.S. Halts Online Asylum Appointments at Texas Crossing After Extortion Warnings,” A.P., June 12, 2023, https://apnews.com/article/mexico-border-cbp-one-laredo-bfccf8c3f52d9cec2563b40da905a391.
  12. One form of withholding covers persecution for specified reasons; the other applies to torture.
  13. See Asylum Officer Basic Training Course Lesson Plan, “Reasonable Fear and Torture Determinations,” (USCIS, RAIO, 2017) at 11 (“The ‘reasonable possibility’ standard is the same standard required to establish eligibility for asylum (the ‘well- founded fear’ standard).”)
  14. Jamelle Bouie, “Opinion: What Frederick Douglass Knew That Trump and DeSantis Don’t,” NYT, June 30, 2023.

JULY 5, 2023

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It’s an existential problem for our nation when a Dem Administration claims as “success:” failure to recognize the rights of asylum seekers, intentionally evading asylum law, and endangering the lives of asylum seekers!

Lest anyone think the confusion, unfairness, and disorder caused by the Biden/Harris failure to implement competent, professional, expert leadership on human rights is “overhyped,” here’s an “in person” report from Professor Lenni Benson of NY Law School, founder of Safe Passage Project, and a widely reknowned “practical expert” on asylum and human rights.

Professor Lenni B. Benson
Professor Lenni B.Benson
Distinguished Chair of Immigration and Human Rights Law
New York Law School
Founder, Safe Passage Project
PHOTO: NYLS website

 

Sharing an excellent Blog post by retired IJ Jeff Chase on why the CBP One app may be endangering asylum applicants.  See below.

 

Related to the CBP One app was a hearing I observed last Friday, June 30, 2023 in NY City.

 

A self-represented individual was asked by the IJ “were you admitted or inspected” by the government, the Respondent through a Mandarin interpreter said “Yes, through the CBP app.”  The IJ paused. The OPLA attorney was visible on Webex. She was silent.

 

The IJ said “I will note your statement for the record, I find you removable as charged for not having been inspected or admitted.” [The Respondent had declined an opportunity to find an attorney.]

 

I am sure CBP will argue that entry under the app is not an inspection or admission and I haven’t looked carefully at the regulations but the issue is there to perhaps be litigated.

 

The other interesting twist in this particular case was that the government then told the Judge that she could see the Respondent had already completed biometrics and submitted an asylum application, but no application was in either her file nor the Court’s.

The IJ asked, do you have a copy?

The respondent: “On my phone.”

The IJ set a call-up date hearing to have the respondent print out the application and file it with the court in person.

 

I didn’t get a chance to speak to the Respondent, but I wondered if he had perhaps thought his interview with CBP was his asylum application or if he had filed affirmatively with USCIS.

 

Just sharing with this community.

 

Confusion abounds.

“Confusion abounds!” 🤯Why, rather than clarifying and applying the law, would the Administration intentionally create confusion and a host of unnecessary “litigatable issues?” 

Why would they create delay by supposedly having applications for asylum “filed” but unavailable electronically to either ICE or EOIR? 

Why didn’t the Administration recruit and hire real “practical experts” like Lenni Benson and her colleagues to straighten out the asylum system at the border, restore the rule of law, and reform and repopulate the critically important, currently dysfunctional, Immigration Courts and the BIA with well-qualified progressive judges, merit-selected experts in human rights and practical problem solving?

Pleased to join my friend “Sir Jeffrey” in giving a big “shout out” to our Round Table colleagues and superstar NDPA attorneys Steve Schulman, Ashley Vinson Crawford, and their pro bono team at Akin Gump for representing us on the amicus brief in East Bay Sanctuary!

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Anybody naive enough to believe the “party line” from Administration wonks about “success at the border” should heed this “hot off the presses” report from Mica Rosenberg @ Reuters. It confirms the legal and humanitarian disaster at the border resulting from two plus years of mismanagement of asylum by Mayorkas, Garland, and the rest of the Biden immigration politicos who have  failed to undo the humanitarian and legal mess left behind by White Nationalist Stephen Miller and the rest of the Trumpist scofflaws!

Mica Rosenberg
Mica Rosenberg
National Immigration Reporter, Reuters

Mica writes:

We examined the impact of the Biden administration’s new asylum regulation at the U.S.-Mexico border after it replaced the COVID-era Title 42 expulsion policy on May 11.

 

U.S. officials have said the regulation and other Biden immigration policies, that have opened new legal pathways to the US, have dramatically reduced the number of illegal border crossings.

But in the first month of the new policy, Reuters interviews with more than 50 migrants, U.S. and Mexican officials, a review of court records and previously unreported data found:

More than 100,000 migrants waiting in northern Mexico, many trying to snag an appointment on an oversubscribed government run smartphone app; a sharp drop in people passing their initial asylum screenings; more people in detention and tens of thousands of deportations.

 

My colleagues visited the mile-long migrant camp in Matamoros, across the river from Brownsville, Texas, where conditions are deteriorating, including cases of sexual assault in the camp, and we also spoke to a father who crossed the border but was speedily deported while his family was allowed into the US.

https://www.reuters.com/investigates/special-report/usa-immigration-asylum-border/

 

Please read and share and keep in touch.

The report at the above link has many photos illustrating both the cruel stupidity of the Biden program and the amazing resilience of those still hoping, against the odds, to have their legal rights respected and protected by the USG.

Thanks, Mica, for “telling it like it is” and penetrating the “bureaucratic smokescreen” thrown up by the Administration to cover its misdeeds and human rights abuses!🤮

🇺🇸 Due Process Forever!

PWS

07-06-23

☠️⚰️🤮🏴‍☠️ 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

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com

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.  

Border Death
This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
n 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

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

☠️⚰️ DEATH @ THE BORDER — FIRE IN MEXICAN MIGRANT DETENTION CENTER CLAIMS AT LEAST 39 LIVES!

Border Death
This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelaz. Neither the Biden Administration nor the GOP nativists they pathetically mimic want you to focus on the real human costs of their deadly, failed, anti-asylum, “deterrence only” policies.                       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

From NBC News:

https://nbcwashington.app.link/6RykrqHmxyb

A fire in a dormitory at a Mexican immigration detention center near the U.S. border left more than three dozen migrants dead, a government agency said Tuesday, in one of the deadliest incidents ever at an immigration lockup in the country.

Hours after the fire broke out late Monday, rows of bodies were laid out under shimmery silver sheets outside the facility in Ciudad Juarez, across from El Paso, Texas. Ambulances, firefighters and vans from the morgue swarmed the scene.

Thirty-nine people died and 29 were injured and are in “delicate-serious” condition, according to the National Immigration Institute. There were 68 men from Central and South America held in the facility at the time of the fire, the agency said.

It was the deadliest incident inside a Mexican immigration facility in recent memory. Authorities are investigating the cause of the fire and the governmental National Human Rights Commission had been called in to help the migrants.

The agency said that it “energetically rejects the actions that led to this tragedy” without any further explanation of what those actions might have been.

The country’s immigration lockups have seen protests and riots from time to time.

Mostly Venezuelan migrants rioted inside an immigration center in Tijuana in October that had to be controlled by police and National Guard troops. In November, dozens of migrants rioted in Mexico’s largest detention center in the southern city of Tapachula near the border with Guatemala. No one died in either incident.

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

Human rights experts, advocates, and international organizations have been predicting even more deadly tragedies like this will result if the Biden Administration’s tone-deaf and outrageous “death to asylum seekers regulations” go into effect. The Biden Administration has blown them off!

These are just the most “graphic deaths” resulting from years of ill-advised “deterrence” policies at the border and a continued deterioration of the legal refugee and asylum system. This preventable human rights disaster began under Obama, accelerated dramatically under Trump, and has continued its “death spiral” under the Biden Administration’s “active indifference” to human rights, racial justice, and the rule of law at the border. Significantly, incidents like this don’t account for the tragedies that occur when legal asylum seekers are illegally returned to torture, abuse, and death in home countries or Mexico without receiving any due process from U.S. officials. 

Apparently, the Biden Administration believes that “death in Mexico will stay in Mexico” and that bodies and bleached bones along desolate areas of the U.S. borders will continue to be “below the radar screen.” In their own way, Biden policy officials are every bit as cruel, intellectually dishonest, and unaccountable as those in the Trump kakistocracy. 

It doesn’t have to be this way! Why aren’t more Dems meaningfully challenging the Biden Administration’s adoption of horrible, deadly, hate-fueled “Stephen Miller border policies?” 

“Death to asylum regulations” also mean death to our fellow humans seeking legal protection from the U.S. How is this acceptable “strategic policy” for ANY administration, let alone a Dem one?

🇺🇸 Due Process Forever!

PWS

03-28-23

☠️🪦🏴‍☠️ AMERICA’S BORDER “POLICY:” PASS MORE BODY BAGS, PLEASE! — Cynical GOP Lies, Bumbling Dems, Bad Righty Judges, Deadlocked Congress, Public Indifference To Human Suffering & Reality Prove A Deadly Concoction For Legal Asylum Seekers!

Body Bag
Body Bag
Not a solution to the reality of human migration.
Official USG Photo
Public Realm
Alexandra Villarreal
Alexandra Villarreal
Immigration Reporter
The Guardian

https://www.theguardian.com/cities/2022/nov/06/us-mexico-border-body-bags-pile-up?CMP=Share_iOSApp_Other

Alexandra Villarreal reports for The Guardian:

. . . .

Along the 2,000-mile (3,219km) boundary between the US and Mexico, the 2022 fiscal year proved the deadliest on record for people trying to make unauthorized crossings of this heavily patrolled international line.

In just 12 months, more than 800 migrants lost their lives in search of a better one as they disappeared beneath the tumultuous waters of the Rio Grande, succumbed to blistering summer heat, crashed in a smuggler’s vehicle, tumbled from a border barrier, or otherwise had their travels violently cut short.

In Eagle Pass’s regional enforcement sector alone, border patrol agents discovered more than 200 dead migrants between October 2021 and the end of July, compared to an already heartbreaking 34 bodies during the entire 2020 fiscal year.

Ahead of this week’s crucial midterm elections, Republicans have manipulated these harrowing statistics as yet another opportunity to make much ado about what various rightwing players call Joe Biden’s “open border policies”, accusing his administration of incompetence that is causing “body bags [to] keep piling up”.

It’s close to sealed by a hostile combination of pandemic-era public health measures cynically retooled as federal immigration control and mass policing by state troops who arrest, jail and criminalize migrants.

Cruelly, these hardline deterrence mechanisms advanced by both Democrats and Republicans have probably only made the US’s south-west border bloodier.

Current US policy is predicated on a false assumption that if only the consequences for crossing the south-west border are severe enough, people will stop trying.

For decades, presidential administrations with disparate political views have unified under the paradigm of prevention through deterrence, erecting physical and legal obstacles to discourage people from crossing.

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Deterrence as a strategy has informed some of the US’s most controversial immigration policies, from separating families, to detaining children, to stranding asylum seekers in dangerous Mexican border towns.

But desperate people still find ways to make it on to US soil: last fiscal year, Customs and Border Protection documented nearly 2.38m enforcement encounters at the southern border, a record high causing headaches for Biden as conservatives accuse the president of being “lax” on border crime.

The truth is more complex, and not at all lax. More than a million of last fiscal year’s border enforcement encounters were processed under Title 42, now invoked as a federal immigration enforcement tool but originally disguised as a public health measure amid the Covid-19 pandemic.

The policy allowed the Trump and now the Biden administrations to expel huge numbers of people from the US without even letting them ask for asylum, seemingly in violation of domestic and international law.

Far from ending unauthorized migration, the invocation of Title 42 has in fact dramatically inflated the number of encounters at the US-Mexico border, as people who are expelled feel compelled to cross again – and again, and again. Sometimes, relentless migrants have been so determined to complete their journeys that they have risked life and limb dozens of times, fueling a political and humanitarian disaster.

Yet even though these expulsions have proved ill-advised both optically and ethically, Biden has now expanded the use of Title 42 by adding Venezuelans to the list of nationalities targeted for return to Mexico, an apparent betrayal of his campaign promises to uphold the legal right to seek asylum and a paradox as his administration ostensibly fights to sunset the practice in court.

. . . .

And both parties continue to police people seeking security and opportunity over violence, persecution and poverty as if they’re national security threats.

In the shadow of it all, the corpses amass.

Back in Eagle Pass, locals like Rosalinda Medrano who have lived for decades along a porous border understand that migrants have and will always come or, increasingly, die trying.

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“Even though there’s one fence, and another fence, and so many troopers, and the national guard, and you name it – Border Patrol, here and there and everywhere – it’s not gonna stop these families,” she said, adding simply: “They want a better life.”

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

Read the complete article at the link, in which Alexandra points to the numerous achievable solutions that both parties eschew — for political reasons — some cynical, dishonest, and racist (GOP) — others cowardly (Dems). None of what Alexandra reports will come as news to faithful readers of Courtside, or, indeed, to anyone who has taken the time to actually study and reflect on America’s decades of expensive, inhumane, “deterrence policies.”

Fact is, existing law, if correctly applied and administered, offers some obvious ways to start solving the problem:

  • Robust realistic “overseas” refugee programs in the Western Hemisphere — 150,000 would be a modest start — rather than the piddling, restricted numbers now slowly doled out by the Biden Administration.
  • Reopen legal ports of entry to legal asylum seekers, as required by law, to incentivize and reward them for not seeking to cross between ports of entry.
  • Staff the Asylum Office and the Immigration Courts with real experts in asylum law (there are plenty of well-qualified lawyers now in the private sector) who are committed to due process and can rapidly recognize and grant the many meritorious cases. Then, individuals are admitted in legal status, on their way to green cards, rather than aimlessly wandering the US with government-issued packets of misinformation (or no information at all) waiting for hearings that will come either too soon or too late, but never in a reasonable manner and often with incorrect preordained results designed to abuse the legal system as an “enforcement deterrent.” (NOTE: To act as an incentive/reward for appearing at ports of entry, the asylum system must be credible, transparent, and timely — something that no Administration has achieved to date, but which is possible with more vision, leadership, and better personnel making decisions.)
  • Work with, bolster, support, and learn from the many NGOs in the U.S. to insure that asylum seekers are informed of their obligations, represented on their applications, and resettled, mostly away from the borders to areas that need them, in an orderly fashion.
  • Additional huge benefit: Despite the lies and myths spread by nativists, increasing legal immigration (including refugees and asylees) is one of the few potentially effective ways that the “political branches” of Government have to address inflation without causing recession. See, e.g., https://www.businessinsider.com/trump-covid-immigration-makes-inflation-worse-recession-outlook-jobs-supply-2022-10.

“Even though there’s one fence, and another fence, and so many troopers, and the national guard, and you name it – Border Patrol, here and there and everywhere – it’s not gonna stop these families,” she said, adding simply: “They want a better life.”

We can, and must, do better than “more body bags” as a matter of national policy! Migrants aren’t going to stop coming. That, we can’t change in the long run — no matter how many lies, myths, and distortions nativists throw out there, and no matter how fast spineless Dem politicos run from or attempt to hide the truth. But, we can deal with reality in a more humane, practical, realistic manner that will serve our nation’s, and humanity’s, interests into the future.

🇺🇸Due Process Forever!

PWS

11-10-22  

☠️⚰️🏴‍☠️ TITLE 42 CAUSES DEATH @ THE BORDER: Rachel Monroe @ The New Yorker Sums Up The Jim Crow Cruelty, Stupidity, & Futility Of Title 42 In One Paragraph! — Title 42 “has increased business for smuggling cartels and spurred people to cross in more dangerous places.”

RACHEL MONROE
Rachel Monroe
Contributing Writer
The New Yorker
PHOTO: Twitter

https://apple.news/AX5E8qIWlQYOauANHEV2g3w

. . . .

Between 2015 and 2020, about fifty bodies were recovered each year in Brooks County, according to an S.T.H.R.C. report. Then came Title 42, a policy enacted by the Trump Administration at the start of the COVID-19 pandemic that closed ports of entry and blocked most avenues for asylum claims, ostensibly for public-health reasons. The policy, which is still in place in a modified form, has increased business for smuggling cartels and spurred people to cross in more dangerous places. “Before Title 42, the calls we got used to be, like, eighty-per-cent apprehended, twenty-per-cent missing,” Canales said. “Now it’s flipped—it’s more like twenty-per-cent apprehended, eighty-per-cent missing.” So far this year, there have been nearly seventy recoveries of remains in Brooks County, putting 2022 on track to be the deadliest year on record.

. . . .

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

Read Rachel’s entire report, directly from the border, at the link.

So, before the Trump Administration’s bogus, racist “invocation” of Title 42, 80% of migrants came to the border or were easily apprehended close thereto — most probably because they turned themselves in to seek asylum through the legal system. And, lets not forget, this was with an already badly broken, fundamentally unfair, asylum legal adjudication system intentionally biased and “loaded” against legitimate refugees seeking protection!

Smart, honest public policy would have improved asylum adjudication at USCIS and at EOIR to quickly recognize and grant, with the assistance of NGOs and legal assistance groups, the many cases of legitimate refugees so that they could take their rightful, legal places in our society.

Additionally, by taking refugees seeking legal determinations “out of the equation,” enforcement against those seeking to evade legal processing — certainly a much, much smaller “universe” than is “out there now” — would have been enhanced. Business would have declined for smugglers, as those seeking protection would have been motivated to use a humane, fair, functioning legal system rather than being forced into “do it yourself” refuge!

You don’t have a genius to figure this out — just not be motivated solely by racism like Stephen Miller and his Trump regime cronies! Better qualified — non-Jim Crow righty — Federal Judges would also produce more humane, honest, and rational results.

Additionally, by running a legitimate asylum system, and complementing it with an honest, robust, legal refugee system for Latin America, the Caribbean, and Africa, we would finally have sound data on how many of those seeking to enter at the Southern Border are entitled to immigrate as legal refugees and how many are non-refugees. That’s something on which we now have no reliable information  — just myths and anecdotes, many provided by racist restrictionists and nativists with neither expertise in asylum law nor any real interest in the rule of law at the border.

As a result of Title 42, and the unqualified “Jim Crow” Federal Judges, GOP nativist AGs, and their apologists (including some in the media who repeat or republish, without critical examination, GOP racist lies about the border), we now have a deadlier than ever border; the legal immigration system at the border has been functionally abolished and replaced with an underground, extralegal system; the U.S. Government has ceded control of border migration policy to cartels and smugglers; and the job of the Border Patrol — forced to spend time apprehending legal refugees who seek only the protection to which they are legally entitled — has become impossible.

That’s what happens when we let GOP nativist pols, overt racists, and bad, right wing Federal Judges take over the immigration policies that were actually enacted by Congress — a key part of which are legitimate refugee and asylum systems and a fair, functioning, expert Immigration Court. Right now, we have NONE of the foregoing. And, innocent migrants at the border are too often paying the price — with their lives!

Border Death
This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
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

“Enforcing the law” does NOT mean unfairly, unwisely, and illegally abrogating the legal asylum system and fair adjudications in Immigration Court at the border. It means fixing the legal asylum system including USCIS Asylum Offices. Perhaps most of all, it means reforming and replacing where necessary the broken, dysfunctional, leaderless, and non-expert Immigration Courts and a BIA that continues to misinterpret asylum and protection laws on a daily basis. We need a BIA of real judges with the expertise and guts to establish fair, humane, correct, positive precedents and to rein in or remove from asylum cases those Immigration Judges who are “programmed to reject, not protect!”

I, along with many others, watched the Brittney Griner travesty unfold. I saw the irony. President Biden was rightfully blasting the outrageous “kangaroo court” show trial that passes for justice in Russia. But, at the same time, he, Harris, and Garland are basically running a farcical “Russian style” dysfunctional immigrant “justice” system at EOIR and calling it a “court!”

Kangaroos
Perhaps, in addition to blasting the Griner farce, President Biden, VP Harris, and AG Garland need to take a closer look at the “Russian-style” justice being inflicted on migrants in their wholly-owned Immigration “Courts”  — which particularly target women, children, and migrants of color seeking justice under US laws. Indeed, many are still being arbitrarily returned without ANY process at all! Others get “off the wall” denials of their valid claims. Its this REALLY any way for a self-proclaimed “nation of laws” to operate?
https://www.flickr.com/photos/rasputin243/
Creative Commons License

🇺🇸 Due Process Forever

PWS

08-05-22

☠️⚰️BORDER DEATHS: Opaqueness & Lack Of Accountability Common Threads According To New Reports!

https://www.nytimes.com/2022/01/09/us/politics/border-patrol-migrant-deaths.html

Eileen Sullivan reports in The NY Times:

By Eileen Sullivan

Jan. 9, 2022, 5:00 a.m. ET

WASHINGTON — Angie Simms had been searching for her 25-year-old son for a week, filing a missing persons report and calling anyone who might have seen him, when the call came last August. Her son, Erik A. Molix, was in a hospital in El Paso, Texas, where he was strapped to his bed, on a ventilator and in a medically induced coma.

Mr. Molix had suffered head trauma after the S.U.V. he was driving with nine undocumented immigrants inside rolled over near Las Cruces, N.M., while Border Patrol agents pursued him at speeds of up to 73 miles per hour. He died Aug. 15, nearly two weeks after the crash; even by then, no one from the Border Patrol or any other law enforcement or government agency had contacted his family.

The number of migrants crossing the border illegally has soared, with the Border Patrol recording the highest number of encounters in more than six decades in the fiscal year that ended Sept. 30. With the surge has come an increase in deaths and injuries from high-speed chases by the Border Patrol, a trend that Customs and Border Protection, which oversees the Border Patrol, attributes to a rise in brazen smugglers trying to flee its agents.

From 2010 to 2019, high-speed chases by the Border Patrol resulted in an average of 3.5 deaths a year, according to the American Civil Liberties Union. In 2020, there were 14 such deaths; in 2021, there were 21, the last on Christmas.

The agency recorded more than 700 “use of force” incidents on or near the southern border in the last fiscal year. Customs and Border Protection does not disclose how many of those ended in death, or how many high-speed chases take place each year.

Crossing the border without documentation or helping people do so is full of risk regardless of the circumstances, and stopping such crossings — and the criminal activity of smugglers — is central to the Border Patrol’s job. But the rising deaths raise questions about how far the agency should go with pursuits of smugglers and migrants, and when and how agents should engage in high-speed chases.

Customs and Border Protection has yet to provide Ms. Simms, a fifth-grade teacher in San Diego, with an explanation of what happened to her son. She saw a news release it issued two weeks after the crash; officials say it is not the agency’s responsibility to explain. She said she understood that officials suspected her son was involved in illegal activity, transporting undocumented immigrants.

“But that doesn’t mean you have to die for it,” she said.

Customs and Border Protection, which is part of the Department of Homeland Security, has a policy stating that agents and officers can conduct high-speed chases when they determine “that the law enforcement benefit and need for emergency driving outweighs the immediate and potential danger created by such emergency driving.” The A.C.L.U. argues that the policy, which the agency publicly disclosed for the first time last month, gives agents too much discretion in determining the risk to public safety.

In a statement to The New York Times, Alejandro N. Mayorkas, the secretary of homeland security, said that while “C.B.P. agents and officers risk their lives every day to keep our communities safe,” the Homeland Security Department “owes the public the fair, objective and transparent investigation of use-of-force incidents to ensure that our highest standards are maintained and enforced.”

But previously unreported documents and details of the crash that killed Mr. Molix shed light on what critics say is a troubling pattern in which the Border Patrol keeps its operations opaque, despite the rising human toll of aggressive enforcement actions.

. . . .

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

ACLU of Texas Released the following related fact sheet:

https://www.aclutx.org/en/fact-sheet-deadly-trend-border-patrol-vehicle-pursuits

FACT SHEET: THE DEADLY TREND OF BORDER PATROL VEHICLE PURSUITSpastedGraphic.png

Vehicle pursuits may make for exciting movie scenes and reality TV, but in real life, police chases are dangerous and often deadly. Yet the United States Border Patrol, the largest law enforcement agency in the country, increasingly engages in vehicle pursuits that result in mounting injuries and deaths. The agency operates with almost no transparency. This culture of impunity puts lives and communities at risk of grave harm each time a chase occurs.

The ACLU of Texas and ACLU of New Mexico partnered to produce the following fact sheet on the disturbing trend of deadly Border Patrol vehicle pursuits. We analyzed Border Patrol’s recently released vehicle pursuit policy,  which reveals troubling discretionary authority given to agents. We also evaluate the department’s deeply flawed oversight and investigation protocols surrounding the pursuits, including the involvement of Border Patrol’s Critical Incident Teams –  internal investigative units tasked with protecting the agency from liability and further obscuring the truth behind deadly vehicle pursuits.

Click the link below to download and read the fact sheet.

STAY INFORMED

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RELATED ISSUES

DOCUMENTS

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Read Sullivan’s complete article and get the full version of the ACLU fact sheet at the above links.

ACLU of Texas Attorney Shaw Drake is one of my former Georgetown Law “Refugee Law & Policy” students and a proud member of the New Due Process Army. Proud of you Shaw! 😎It’s what the “new generation of practical scholars” or “applied scholars” does!👍🏼⚖️

🇺🇸Due Process Forever!

PWS

01-10-22

TO ADDRESS REFUGEE FLOW FROM CENTRAL AMERICA AT ITS SOURCE, BIDEN PLAN  MUST ADDRESS ENDEMIC GOVERNMENT CORRUPTION!

“Floaters”
“Floaters — How The World’s Richest Country Responds To Asylum Seekers”
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)
Trump Dumping Asylum Seekers in Hondiras
Dumping Asylum Seekers in Honduras
Artist: Monte Wolverton
Reproduced under license

https://www.univision.com/univision-news/opinion/bidens-immigration-policy-needs-anti-corruption-focus-in-central-america

 Last week, 9000 Hondurans were beaten and tear-gassed in Guatemala as they tried to make their way to the U.S. border. More will be coming. The Biden administration just introduced the most comprehensive immigration bill since Ronald Reagan and also hopes to embark on a new strategy for the Northern Triangle of El Salvador, Honduras and Guatemala.

This is undisputedly good news for a region ravaged by two Category 5 hurricanes in 2 weeks and an economy devastated by the Covid pandemic. But, unless that aid directly addresses the rampant corruption that has taken hold in the region, it will not stop thousands of desperate people from fleeing countries that give them little hope to survive much less flourish.

Make no mistake, it is corruption that has stolen hope from the region. Elites steal from school and hospital budgets to fund political campaigns and line pockets. Politicians give family members and supporters coveted government positions that should go to those most qualified. Police are bribed and threatened to look away while drug traffickers and gangs shatter communities.

Until this staggering systemic corruption is dismantled and the education, health and security institutions strengthened, Central Americans have little reason to hope for a future in their own countries.

During his presidential campaign, Joe Biden issued just one policy position for the Western Hemisphere and it was on Central America. In it he proposed a number of worthy initiatives, but one merits special consideration– a Central American anti-corruption commission that operates outside the control of the elites who are most threatened by its existence.

To be successful, this commission must learn from past experiences in Guatemala (CICIG), Honduras (MACCIH) and El Salvador (CICIES). While the first two enjoyed significant success, as soon as U.S. and local political pressure waned even a little, the local elites joined together to expel them.

. . . .

Authors! James D. Nealon is a former U.S. Ambassador to Honduras and Assistant Secretary of Homeland Security. Eric L. Olson is a Wilson Center Global Fellow. Kurt Alan Ver Beek is Co-Founder and President of the Association for a More Just Society – Honduras

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Easier said than done. Many of the corrupt governing elites in Central America have close ties to our Government. They aren’t lightly going to let foreign assistance, whether from governments, NGOs, or private agencies go anywhere but their own pockets.

Also, Republicans in Congress have shown no willingness to deal with the overt corruption, grafting, and grafting of the Trump regime. 

But the article is spot on about two things. Most Central American migration is driven by political punishment and exploitation of the people by corrupt government elites and those allied with them (gangs, in many instances). Far from being “random violence” or “common crime” as many restrictionists and border bureaucrats claim, it’s simply a variation of classic political, ethnic, and social group persecution. Those fleeing this abuse are refugees. Only by abdicating the law, intentionally skewing it, and too often just overtly violating it (sometimes with the complicity of courts, sometimes in violation of court orders) has our Government been able to avoid granting them the legal protection they deserve.

Second, desperate refugees are going to continue to come as long as they perceive it’s safer here than in their broken home countries or any of the other countries they will have to cross to get there. No walls, prisons, death at the border, violations of domestic and international law, racist rhetoric, illegal deportations, child abuse, misogyny or or other cruel, inhuman, and immoral policies will stop human migration.

Interestingly, the “first edition” of Courtside on December 31, 2016, dealt with the failure of Obama Administration’s cruel, yet highly ineffective, “get tough border policies.” https://immigrationcourtside.com/2016/12/31/family-detention-raids-expediting-cases-fails-to-deter-scared-central-americans/ Then, the Trump Administration “quadrupled down” on the cruelty, illegality, and stupidity.

We know roughly how many have been illegally returned and imprisoned. We have some “guesstimates” as to how many additional border crossers our failed policies have killed. 

But, we have little or no idea how many have taken to heart our message about the falseness of our claim to be a “nation of laws” and the readily apparent bankruptcy of our legal system. Undoubtedly, those who “get it” have or will in the future simply keep crossing the border until they die in process or get to the interior where their chances of melding in and surviving are much better than their chances of getting a asylum or other protections from an EOIR that still appears to be carrying out the Steven Miller White Nationalist agenda.

The “government policies” of actively discouraging and punishing asylum applicants who apply in an orderly way at the border is as insanely stupid as it is cruel and illegal. Actually, allowing individuals to apply for asylum at the border “regardless of status” is a hallmark of the Refugee Act of 1980!

A few thousand desperate refugees who walk here from Central America pose no realistic threat to America or our national security. They merely detract attention from the real threats: armed right wing insurrectionists launching a deadly attack on our Capitol, right wing domestic terrorists energized by Trump, and maskless “magamorons” running around spreading deadly disease. 

Process those applying at the border promptly under the appropriate generous legal criteria after giving them access to trained asylum advocates. Admit those who qualify after proper health and security screening. Work with the UNHCR and NGOs on how to handle those who don’t meet refugee criteria. Just aimlessly returning them to danger zones in the middle of a pandemic is obviously a nonstarter. So, we’re going to need smarter people, with real expertise and a humanitarian outlook, working on better solutions. We know lots about what DOESN’T work. Now, we need to come up with what WILL work.

PWS

02-01-21

KAREN TUMULTY @ WASHPOST: Trump Is The Ugliest American – Amazingly, He Keeps Getting Uglier!

https://www.washingtonpost.com/opinions/2018/12/29/with-trump-there-is-no-bottom/

Karen Tumulty writes in WashPost:

With President Trump, there is no bottom. Every time you think you have seen it, he manages to sink even lower.

It is not news that the president is indifferent to human suffering. His limp response to the devastation of the 2017 hurricane in Puerto Rico — which he claimed to have been a “fantastic job” on the part of his administration — stands out in that regard. But on Saturday, we saw yet another level of depravity when Trump made his first comments regarding the deaths in recent days of two migrant Guatemalan children after they were apprehended by federal authorities. It revealed not only callousness but also opportunism, as he sought to turn this tragedy into a partisan advantage in his current standoff with Democrats over the government shutdown.

His statements came, not unexpectedly, over Twitter. First this:

Any deaths of children or others at the Border are strictly the fault of the Democrats and their pathetic immigration policies that allow people to make the long trek thinking they can enter our country illegally. They can’t. If we had a Wall, they wouldn’t even try! The two…..

And then, minutes later, this:

…children in question were very sick before they were given over to Border Patrol. The father of the young girl said it was not their fault, he hadn’t given her water in days. Border Patrol needs the Wall and it will all end. They are working so hard & getting so little credit!

Not a word of sympathy here — much less remorse on the part of the government over the deaths of a 7-year-old girl and 8-year-old boy while in its custody. Nor does Trump address questions that are being raised about whether the administration’s new policy seeking to limit the ability of immigrants to seek asylum protection might be a factor in putting more at risk. Under recent changes, migrants must remain in Mexico as their asylum cases are processed, possibly increasing their willingness to do something reckless to come across the border.

Then there was the dissonance: His blast came on a day that Homeland Security Secretary Kirstjen Nielsen was visiting Yuma, Ariz., after stopping in El Paso, Tex. Her department has promised more thorough medical screenings and is calling on other agencies to help. “The system is clearly overwhelmed and we must work together to address this humanitarian crisis and protect vulnerable populations,” Nielsen said in a statement.

Even if Trump were to get funding for the wall — and even if the wall were the deterrent he promises it would be, a more dubious proposition — that would be many months if not years in the future. This is an immediate crisis, for which the president seems to have no concern. Nor does Trump address the fact that what he claims are Democratic immigration policies have been in place for decades, and yet, until this month, it had been more than a decade since a child had died while in Customs and Border Protection custody.

It is true that greater numbers of vulnerable Central American children are being put into treacherous situations. My colleagues Joshua Partlow and Nick Miroff have done excellent reporting on how smugglers are gaming a dysfunctional immigration system:

This is happening because Central Americans know they will have a better chance of avoiding deportation, at least temporarily, if they are processed along with children.

The economics of the journey reinforces the decision to bring a child: Smugglers in Central America charge less than half the price if a minor is part of the cargo because less work is required of them.

Unlike single adult migrants, who would need to be guided on a dangerous march through the deserts of Texas or Arizona, smugglers deliver families only to the U.S. border crossing and the waiting arms of U.S. immigration authorities. The smuggler does not have to enter the United States and risk arrest.

The Trump administration tried to deter parents this spring when it imposed a “zero tolerance” family-separation policy at the border. But the controversy it generated and the president’s decision to halt the practice six weeks later cemented the widely held impression that parents who bring children can avoid deportation.

As Trump fulminates about the wall, he rarely brings up the idea of doing anything about the source of the problem: the desperation of people who are being driven from their native countries by poverty and violence. Until those forces are addressed, migrants will keep coming, even if it means taking greater risks to do so.

In the meantime, we have a president who is willing to politicize the deaths of two young children to score points against the opposition party. And the most shocking thing about seeing him scrape along a new moral bottom is this: It is no longer shocking at all.

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Read the original article at the link.

The key:

As Trump fulminates about the wall, he rarely brings up the idea of doing anything about the source of the problem: the desperation of people who are being driven from their native countries by poverty and violence. Until those forces are addressed, migrants will keep coming, even if it means taking greater risks to do so.

Walls, detention centers, tent cities, and more Border Patrol Agents won’t solve this problem. Nor will proposed changes in the law and administrative actions aimed at further undermining our legal obligations toward refugees and asylum seekers. In fact, as we can see, the Administration’s approach is making things worse.

Establishing a fairer and appropriately more generous interpretation and application of our asylum and related protection laws, investing in addressing  “push” conditions in Central America, establishing robust “in country” refugee programs in the Northern Triangle, cooperation with the UNHCR is seeking “regional solutions” closer to the Northern Triangle, more well-trained Asylum Officers, and more well-trained, fair and impartial U.S. Immigration Judges with a prior background in fair and humane treatment of asylum seekers would, over time, improve the situation. Perhaps in the long run, it would even solve the problems.

PWS

12-31-18

FORMER BORDER AGENT DECRIES “CULTURE OF DEHUMANIZATION” — “What happened to Jakelin is not an aberration, but rather the predictable outgrowth of the dehumanizing practices that define U.S. border policy. “

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=260e391c-8096-4f5b-8c8a-51ca0171aa2d

Former USBP Agent Francisco Cantu writes in the LA Times:

Ever since the U.S. Border Patrol admitted that Jakelin Ameí Rosmery Caal Maquin, a 7-year-old Guatemalan girl seeking asylum with her father, had died in their custody, government officials have been trying to deflect blame for her death.

What is clear so far, according to news reports, is that Jakelin and her father turned themselves in to Border Patrol agents on Dec. 7 along with 163 other migrants in the New Mexico desert. According to a Department of Homeland Security incident report, they were screened at a remote substation and found to be in good condition. DHS cannot confirm whether Jakelin consumed food or water at the facility, but eight hours later, she became “feverish and vomiting” on a transport bus headed for the Lordsburg Border Patrol station. She was met by Border Patrol emergency medical technicians who twice revived her, recorded her temperature at 105.9 degrees and called for a helicopter to El Paso’s Providence Children’s Hospital, where she died about 27 hours later.

The U.S. government claims Jakelin had journeyed for days through the desert without food and water and was beyond help before she was taken into custody. However, her father says he saw to it that she was eating and drinking. The president of the American Academy of Pediatrics says her death was without doubt preventable. But Department of Homeland Security Director Kirstjen Nielsen blames the victim in this “heartwrenching” story: “This family,” she said on Friday, “chose to cross illegally.”

A Customs and Border Protection spokesman insisted to the Washington Post that “Border Patrol agents took every possible step to save the child’s life under the most trying of circumstances.” That may well be technically true. But even if individual Lordsburg agents rushed to save Jakelin’s life, it won’t erase another truth: The institutional culture of the Border Patrol regularly dismisses even the most basic needs of detained migrants.

In early 2009, when I arrived at my first Border Patrol duty station in Arizona, I was assigned to a training unit and placed under the supervision of senior agents selected to coach newcomers like me. When I read about Jakelin’s death, I couldn’t help but recall the night our training unit first apprehended a group of migrants.

My memories from this night are not precise. I remember the group of migrants was small, maybe eight to 10 people, all of them adult males. We picked them up in the open desert not far from the area’s lone highway, and I can no longer recall how long they had been walking or how many days they might have been without food or water.

What I do remember with certainty is what happened at the processing center. The men had noticed that I spoke fluent Spanish and asked me for water. I went to a nearby storeroom, grabbed a case of bottled water, and was about to walk through the door to the processing room when one of my training agents blocked the way.

What are you doing? she asked me. I told her I was bringing water to the group we brought in. They’ll be fine, she said, come join us in the computer room. But they asked for water, I said, gesturing at the door. It wouldn’t have taken more than a second for me to drop off the water.

Her face and tone changed. Leave it, she ordered, “They’ll live.”

As strange as it may sound, I don’t remember if I obeyed her or what I ended up doing with the water, but I never forgot the message I was given that night: Don’t dare be soft.

Senior agents like her lamented the end of the “old patrol” when migrants weren’t so “coddled” and agents could get away with “tuning up” detainees who got out of line. Callousness toward migrants is evident even in the language agents use to refer to them: “aliens,” “illegals,” “bodies” or “toncs” (a term with disputed origins, which some say means “temporarily out of native country,” though others say it alludes to the sound of a Maglite hitting a migrant’s skull).

As agents-in-training, we were taught to carry ourselves as hardened law enforcers and to treat migrants as lawbreakers. We were told to regard migrant requests with suspicion — if they asked for something or complained, they were likely trying to take advantage of us. We were meant to offer our captives the bare minimum and pass them on like a hot potato — field agents passed migrants to transport agents, who passed them to processing agents, who passed them to bus contractors, who passed them to sector headquarters, where they would be immediately deported or thrust into the immigration detention system.

After more than a year of working as a field agent, I signed up for emergency medical technician training. When I was called to help, agents usually described a migrant’s situation with dismissal and annoyance: This one keeps complaining about blisters, this one claims she needs medication, this one won’t shut up about seeing a doctor. Migrants, the thinking went, always bore responsibility for their own misfortune — an attitude echoed in Nielsen’s insistence last week that Jakelin’s family “chose to cross illegally.”

There will be an investigation into Jakelin’s death, but in broad terms its causes are clear enough: heedlessness, a lack of compassion, poor accountability at the border. Since January 2010, San Diego’s Southern Border Communities Coalition has cataloged at least 81 deaths at the hands of U.S. border agents, and since 2000, more than 6,000 have died as a result of “deterrence” policies that force migrants to cross in remote and dangerous areas, like the one Jakelin and her father passed through.

What happened to Jakelin is not an aberration, but rather the predictable outgrowth of the dehumanizing practices that define U.S. border policy. It will not be enough to conduct an audit of the Lordsburg Border Patrol station and shuffle its hierarchy, or to increase the ranks of Border Patrol EMTs and give them pediatric training. We must demand, instead, that the entire culture of cruelty that underlies our border enforcement system be remade.

Francisco Cantú was as an agent for the U.S. Border Patrol from 2008-12. He is the author of “The Line Becomes a River: Dispatches From the Border.”

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I represented the Border Patrol for a number of years at the “Legacy INS” when I was the Deputy General Counsel and Acting General Counsel. Among other things, I taught Search and Seizure Law at the Border Patrol Academy and visited a number of Border Patrol Stations. I rode along on patrol, flew in helicopters, walked the border at night, even went off the tower on a zip line during one basic training session at Ft. Polk.

Overall, I enjoyed working with the agents. I thought they were dedicated and hard-working, doing a largely thankless job for which they received insufficient salary and credit, and overall doing it well. I learned from hearing their stories and questions based on “law in action.”

One of the things that the late INS General Counsel “Iron Mike” Inman and I achieved was starting a “Sector Counsel” program in some of the busier sectors so that the agents could get some “on site” legal advice and assistance dealing with U.S. Attorneys and Federal Courts.

That’s not to say that there were no “bad moments.”  I did notice an overall “lost battalion” mentality, particularly among some of the older supervisors.  Their attitude toward me and my colleagues in the Legal Program probably fluctuated with how much trouble they were in and how much they needed our help to bail them out.

I remember one particularly tense moment visiting a station where some of the officers were under investigation for Civil Rights violations. I accepted their offer of a cup of coffee. When the agent left the room to get it, my friend and then Western Regional Counsel the late Bill Odencrantz whispered: “I wouldn’t drink that if I were you, Schmidt.”

I also recognized that patterns of behavior were probably different when “visitors from headquarters” were there. Undoubtedly, we saw and heard what they wanted us to see and hear when we were riding in the patrol cars, flying in helicopters, or looking through surplus Vietnam era “infrared night scopes” at the folks crossing the border.  And, I do remember hearing the second of the two definitions offered by Cantu for the term “toncs.” I think it actually came up in connection with one of the internal investigations in which I was involved.

As I judge, I tended to view the Forms I-213, “Reports of Deportable Alien,” from CBP with “healthy skepticism,” knowing the pressures and conditions under which they were prepared. I also observed over time that many of them said the same things in the same words, much like the “canned paragraphs” that my colleague the late Judge Lauri Steven Filppu used to rail against during my time at the BIA.

As with ICE, in the future there needs to be better professional leadership and training at CBP, as well as a more focused mission. “Culture change” is critical to an effective, cost-efficient, humane, and professional immigration enforcement strategy.  However, my experience is that such “culture change,” while not impossible, is a “hard nut to crack,” even under the best of circumstances.

It won’t be achieved simply by “messages from on high.” And, it certainly isn’t going to come under a leader who constantly sends racially charged xenophobic messages and encourages false narratives, dehumanization, and White Nationalism.

PWS

12-18-18