Tag: CDC

🗽⚖️ CDC ANNOUNCES END OF “COVID BAR” — BUT ONLY 7 WEEKS FROM NOW — COMPARE WHAT DHS SHOULD HAVE SAID WITH WHAT THEY DID SAY — WITH 51 DAYS TO GO & COUNTING, CAN ADVOCATES & NGOs SAVE THE BIDEN ADMINISTRATION FROM ITSELF?

The CDC Announcement:

https://www.cdc.gov/coronavirus/2019-ncov/cdcresponse/Final-CDC-Order-Prohibiting-Introduction-of-Persons.pdf

What DHS SHOULD have said about reinstitution of our legal asylum system at the border:

“The Department of Homeland Security works to secure and manage our borders while building, maintaining, and improving a fair and orderly immigration system. That includes a fair and timely system for granting asylum or other forms of refuge from persecution or torture to qualified applicants. Insuring legal protection for refugees is a critical part of DHS’s mission of administering and enforcing the laws.

Violence, political upheaval, war, genocide, religious intolerance, racism, food insecurity, poverty, femicide, child abuse, environmental disasters, rampant corruption, and prospects of starvation in several areas around the world are driving unprecedented levels of migration to our Southwest Border. The devastating impact of the COVID-19 pandemic, which involved the temporary suspension of our system for legal immigration, including admission of asylees and other refugees, has only exacerbated these challenges. A number of sources, including human smuggling organizations, peddle misinformation about entering the United States or coming to our borders.

With the restoration of our legal immigration system on the horizon, only two groups of foreign nationals will generally qualify for admission at our borders: first, those in possession of visas or equivalent documents usually issued by U.S. consular officers abroad; and second, those who can establish that they qualify for asylum or other forms of legal protection from return to persecution and/or torture.

Under our laws, asylum can only be granted to those reasonably fearing harm because of their race, religion, nationality, political opinion, or membership in a particular social group. Other foreign nationals facing harm not amounting to “torture” in their home countries will not be eligible for admission under our laws. Those who apply or are apprehended at or near the border and cannot show a “credible fear” of harm because of one of the foregoing grounds will be summarily removed from our country.

In short, if you do not have a valid visa or a bona fide claim for asylum or other legal protection, you should not make the journey to the U.S. border. You will be apprehended and summarily returned to your home country in accordance with our laws.

DHS is implementing a comprehensive strategy to address a potential increase in the number of border encounters. That strategy includes:

  1. Acquiring and deploying many more trained Asylum Officers to legal ports of entry to promptly decide “credible fear” cases for asylum seekers;
  2. Delivering a more efficient, fair, and timely asylum process by allowing Asylum Officers to grant credible, well-documented claims at the border;
  3. Working with NGOs, legal aid groups, and local governments to provide legal counseling and representation to those seeking asylum;
  4. Working with NGOs, religious organizations, and other social services entities in the U.S. to assist in orderly resettlement of those granted asylum or whose cases cannot be timely processed at the border;
  5. Processing and removing those who do not have valid claims; and
  6. Working with the UNHCR, NGOs, and other countries globally to manage migration and address root causes.

With the restoration of a fair and timely asylum and protection processing system at our legal ports of entry, all asylum applicants should apply in an orderly fashion only at those ports. That will be the safest, most efficient way of applying, offer the greatest opportunities for legal representation, and increase the chances of timely, legal admission into the United States for those who are qualified.

Those who attempt to avoid legal processing at ports of entry by unauthorized entry may well find their lives endangered by unscrupulous smugglers. Additionally, those who attempt to avoid the legal process available at ports of entry might subject themselves to detention, additional grounds for removal, bars on future reentry, and criminal prosecution. With the return of full legal immigration and improved asylum processing to ports of entry, DHS will be able to devote more enforcement resources to locating and apprehending those attempting irregular entry into the U.S. DHS will also target human smuggling operations.

There is broad agreement that our immigration system is fundamentally broken. The Biden-Harris Administration continues to call on Congress to pass legislation that holistically addresses the root causes of migration, fixes the immigration system, and strengthens legal pathways.”

Compare the above with what DHS ACTUALLY said:

https://www.dhs.gov/news/2022/03/30/fact-sheet-dhs-preparations-potential-increase-migration

FACT SHEET: DHS Preparations for a Potential Increase in Migration

Release Date: March 30, 2022

The Department of Homeland Security (DHS) works to secure and manage our borders while building a fair and orderly immigration system. The CDC has announced that, on May 23, 2022, its Title 42 public health Order will be terminated. As a result, beginning on May 23, 2022, DHS will no longer process families and single adults for expulsion pursuant to Title 42. Instead, DHS will process them for removal under Title 8. Until May 23, 2022, the CDC’s Title 42 Order remains in place, and DHS will continue to process families and single adults pursuant to the Order.

Under Title 8, those who attempt to enter the United States without authorization, and who are unable to establish a legal basis to remain in the United States (such as a valid asylum claim), are subject to additional long-term consequences beyond removal from the United States, including bars to future immigration benefits.

DHS is implementing a comprehensive strategy to address a potential increase in the number of border encounters.

The strategy includes: 1) Acquiring and deploying resources to address increased volumes; 2) Delivering a more efficient and fair immigration process; 3) Processing and removing those who do not have valid claims; and 4) Working with other countries in the Western Hemisphere to manage migration and address root causes.

Violence, food insecurity, poverty, and lack of economic opportunity in several countries in the Western Hemisphere are driving unprecedented levels of migration to our Southwest Border. The devastating economic impact of the COVID-19 pandemic on the region has only exacerbated these challenges. Human smuggling organizations peddle misinformation that the border is open. DHS is implementing a comprehensive strategy to address a potential increase in the number of border encounters.

There is broad agreement that our immigration system is fundamentally broken. The Biden-Harris Administration continues to call on Congress to pass legislation that holistically addresses the root causes of migration, fixes the immigration system, and strengthens legal pathways.
1. Acquiring and deploying resources to address increased volumes.

Developed an integrated and scalable plan to activate and mobilize resources.
DHS initiated a Southwest Border contingency planning effort last fall. Last month, the Secretary designated a Senior Coordinating Official and established the Southwest Border Coordination Center (SBCC) to coordinate planning, operations, engagement, and interagency support.

Ready to surge personnel and resources to the Southwest Border.
DHS has moved officers, agents, and DHS Volunteer Force personnel to rapidly decompress points along the border and more efficiently process migrants.

Increasing CBP temporary holding capacity to process high volumes of individuals in a humane manner.
CBP has mobilized resources to rapidly stand up, expand, and/or reinforce Central Processing Centers in order to provide more efficient end-to-end processing for migrants encountered at the Southwest Border. Additionally, more ICE staff will be deployed to the border to facilitate processing.

Utilized appropriated resources to improve border processing
In its FY22 appropriations bill, Congress provided an additional $1.45 billion for a potential Southwest Border surge, including $1.06 billion for CBP soft-sided facilities, medical care, transportation, and personnel costs; $239.7 million for ICE for processing capacity, transportation, and personnel costs; and $150 million for FEMA’s Emergency Food and Shelter Program at the Southwest Border. Earlier this week, President Biden submitted to Congress its FY23 Budget, which would fund the hiring of 300 new Border Patrol Agents and 300 new Border Patrol Processing Coordinators.

While the 2022 appropriation exceeded the request and represents a historic funding level for DHS, the appropriation would not be sufficient to fund the potential resource requirements associated with the current increase in migrant flows. DHS will fund operational requirements by prudently executing its appropriations; reprioritizing and reallocating existing funding through reprogrammings and transfers; requesting support from other Federal agencies; and finally, by engaging with Congress on any potential need for supplemental appropriations, as necessary.

Implementing COVID mitigation measures
The health and safety of the DHS workforce, communities, and migrants themselves is a top priority. CBP provides PPE to migrants who cannot be expelled under the CDC’s Title 42 order or are awaiting processing from the moment they are taken into custody, and migrants are required to keep masks on at all times. CBP also works with appropriate agencies that facilitate testing, isolation, and quarantine of migrants.

DHS has also been providing the COVID-19 vaccines to noncitizens in ICE custody since summer 2021. Beginning March 28, 2022, DHS expanded those efforts to cover migrants in CBP custody, so as to further safeguard public health and ensure the safety of border communities, the workforce, and migrants. These efforts will be ramped up over the next two months, to cover the majority of noncitizens taken into CBP custody.

In addition, DHS is putting in place decompression plans to protect against the kind of overcrowding that facilitates the spread of COVID-19.

2. Delivering a more efficient and fair immigration process.

Issued rule to expedite asylum claims.
On March 24, 2022, DHS and the Department of Justice issued a rule to improve and expedite processing of asylum claims made by recently arriving noncitizens, which provides for the expeditious granting of relief to those who have valid claims for asylum and prompt removal of those whose claims are denied. Once implemented at scale in the coming months, the rule will transform how cases are processed at the border. In President Biden’s Fiscal Year 2023 Budget to Congress, he makes good on the promise of this rule by investing $375 million to hire the personnel needed to quickly process asylum claims.

A Dedicated Docket process for more efficient immigration hearings.
In partnership with the Department of Justice, DHS established a new, more efficient process called the Dedicated Docket to conduct speedier and fair immigration proceedings for families who arrive between ports of entry at the Southwest Border. As a result, the length of time it takes for many of these cases to reach a final disposition has decreased from years to months.

Increased efforts to dismantle transnational criminal organizations that exploit vulnerable migrants
U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Citizenship and Immigration Services, the U.S. Department of State, and the Federal Bureau of Investigation and Drug Enforcement Administration of the U.S. Department of Justice launched a counter-network targeting operation focused on transnational criminal organizations affiliated with the smuggling of migrants.

This Operation targets criminal networks that profit from a broad range of illicit activities, such as human smuggling, by using targeted enforcement actions against them, including by denying access to travel and freezing bank accounts.

3. Processing and removing those who do not have valid claims.

Continuing to process migrants in accordance with the laws of the United States, including expeditiously removing those who do not have valid claims to remain in the United States.
Individuals who cross the border without legal authorization will be placed into removal proceedings and, if unable to establish a legal basis to remain in the United States, expeditiously removed. Those who attempt to enter the United States without authorization, and without a valid asylum claim, are subject to additional long-term consequences beyond removal from the United States, including bars to future immigration benefits.

Bringing targeted prosecutions of smugglers, repeat offenders, and those who seek to evade law enforcement.
In close coordination with the Department of Justice, DHS will refer border-related criminal activity to DOJ for prosecution where warranted, including that of smugglers, repeat offenders, and migrants who seek to evade U.S. Customs and Border Protection. U.S. Customs and Border Protection also continues to enforce its Repeat Offender initiative to target recidivism. Any single adult apprehended along the Southwest Border a second time, after having previously been apprehended and removed under Title 8, is referred for criminal prosecution. This initiative has improved DHS’s ability to escalate consequences and conserve processing resources.

4. Working with other countries in the Western Hemisphere to manage migration and address root causes.

Working closely with source and transit countries in the region to deter migration.
The Administration is working with source and transit countries in the region to facilitate the quick return of individuals who previously resided in those countries, as well as stem migration at its source. DHS, in coordination with the Department of State, has regular discussions with partner countries in the Hemisphere on migration related matters and continues to engage with foreign governments to improve cooperation with countries that systematically refuse or delay the repatriation of their nationals.

Signed Migration Arrangement with Costa Rica to address irregular migration.
On March 15, 2022, Secretary Mayorkas traveled to Costa Rica where he joined President Alvarado in announcing a bilateral Migration Arrangement, outlining our shared commitment to both manage migrant flows as well as to promote economic growth in the region. DHS and the Department of State are currently engaged with other countries in the region to advance similar objectives.

Continuing close partnership with the Government of Mexico on migration-related issues.
The Biden-Harris Administration continues to maintain a close partnership between with the Government of Mexico to stem irregular migration, creating viable legal pathways, fostering legitimate trade and travel, and combating the shared dangers of transnational crime. In March, Secretary Mayorkas made his fourth official visit to Mexico City where he and President Andrés Manuel López Obrador committed to the promotion of lawful trade and travel and a regional approach to migration management.

 

What if?

As a sometimes law professor, “What if” is a question I can’t avoid!

The DHS “Fact Sheet” reads like an unprepared agency, planning to be overwhelmed by forces allegedly beyond their control, and looking for ways to shift the anticipated political fallout by blaming others: Congress, smugglers, foreign countries, COVID-19, the Trump Administration, and, in a particularly “low blow” the victims themselves — asylum seekers and other desperate migrants.

Let’s keep in mind that legitimate “refugees” have been largely “shut out” of our legal system for the past several years. Thus, many were left with little or no choice but to seek “do it yourself” refugee within our large “extralegal immigration subsystem.” Often they resort to smugglers and put themselves at increased risk after finding our borders closed to those orderly seeking protection under our laws. We have watched it unfold, and largely ignored the unsavory consequences of our own actions.

I’m certainly not the only one to see “planned disaster” for the Biden Administration on the horizon. Check out today’s WashPost lead editorial:

https://www.washingtonpost.com/opinions/2022/04/01/migrant-surge-is-coming-border-biden-is-not-ready/

However, what if, with 51 days to go, advocates and NGOs could “flip the script” on “programmed failure” and make the asylum system at our border function fairly and efficiently, in spite of itself? 

What if the “anticipated narrative” of an out of control border never came to pass? What if the U.S. could actually make the rule of law a reality at the border? What if reopening legal ports of entry for asylum seekers, thereby eliminating the pressure for “do it yourself refuge,” actually helped the Border Patrol concentrate on smugglers and those without any legal claim to remain here?

That might involve getting an “army” of volunteers to the border to:

  • Convince asylum seekers to trust the new system and apply in an orderly fashion only at ports of entry;
  • Work with the DHS to insure that any processing lists are established and controlled by legitimate authorities;
  • Leverage the potential for more rapid asylum grants by Asylum Officers by representing applicants and assisting them in documenting and presenting their claims in formats that will facilitate more AO grants;
  • Represent those improperly denied by the AO before the Immigration Courts and use effective, “practical scholarship,” expert advocacy, and compelling documentation to force due process and fundamental fairness into an Immigration Court system and a 5th Circuit Court of Appeals historically biased against asylum seekers at our borders;
  • Counsel those prima facie unqualified for asylum and those rejected after applying on possible alternatives outside the U.S.;
  • Work with authorities, local communities, and NGOs to provide viable resettlement opportunities for those granted asylum and safe, secure, and non-intrusive temporary living conditions on both sides of the border for those awaiting legal processing;
  • Advocate to the DHS for establishment of robust, realistic, generous, credible refugee programs for Latin America, Haiti, and elsewhere to reduce pressure on the border asylum system. A “viable alternative” to appearing at the border for refugees is what’s glaringly missing from both our past and current approaches.

Can change really come from below and outside the struggling DHS and EOIR systems? Frankly, I don’t know. But, we’re going to find out in the next several months! We can’t change history, but, perhaps, we can rewrite the future!

🇺🇸Due Process Forever!

PWS

04-02-22

Related posts:

  1. 🇺🇸🗽⚖️GEORGE W. BUSH INSTITUTE REPORT: GENDER VIOLENCE ☠️⚰️DRIVES CONTINUING REFUGEE FLOW TO U.S. — Dishonesty Of Sessions’s Misogynistic Attack In Matter Of A-B- 🤮 Exposed Again! — Yet, Garland Fails To Take Action To End Misogyny, Anti-Asylum Culture @ EOIR, Even As He Also Fails To Insist On The Restoration Of The Rule Of Law @ Our Borders! —  WHY?🤯
  2. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  3. WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!
  4. 🏴‍☠️CLOSING THE BORDER TO LEGAL ASYLUM SEEKERS IS A VIOLATION OF BOTH DOMESTIC & INTERNATIONAL LAW — It’s Neither Something To Tout (Biden Administration) Nor A Solution (GOP) (Except, Perhaps, In The “Hitlerian” Sense) — Our Inability To Solve A Humanitarian Situation By Acting Lawfully, Sensibly, & Humanely Is A Sign Of Gross National Weakness Spurred By Unwillingness To See The Human Tragedies We Are Promoting! — And The Lousy, Misleading, & Tone-Deaf Reporting By The Some Of The “Mainstream Media” Is Making It Worse! — Leon Krauze & Suzanne Gamboa With Simple Truths About Human Migration That Neither Pols Nor Nativists Want You To Hear! — PLUS BONUS COVERAGE: Friday Mini-Essay: “Degrading Ourselves As A Nation Won’t Stop Human Migration”

🏴‍☠️☠️HUMAN RIGHTS FIRST SLAMS BIDEN’S ILLEGAL, INHUMANE, INEPT BORDER POLICIES! — Even As Corrupt (Surprise) Rationale For Trump’s Racist Title 42 Policies Revealed, Biden Returns Legal Asylum Seekers To Peril In Mexico With No Due Process, CBP Abuses Continue, & Garland DOJ Mindlessly & Unethically Defends Illegal Actions At Border! — What’s Going On Here?

“Floaters”
“Floaters — How The World’s Richest Country Responds To Asylum Seekers”
EDS NOTE: GRAPHIC CONTENT –  (AP Photo/Julia Le Duc) The Biden Administration continues to view the lives of legal asylum seekers, mostly people of color, as expendable and death, rape, torture,  child abuse, and other irreparable harm as acceptable “deterrents” to refugees asserting their legal and human rights! That’s basically the Trump/Miller vision! So, what was the 2020 election about?
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Dear Paul:

 

Human Rights First’s work to restore justice at the border took center stage this week. Our experts exposed the political origins of Title 42 and reported on the escalating danger faced by refugees expelled by the Biden administration.

 

We pushed the administration to more swiftly wind down “Remain in Mexico,” and called out Customs and Border Patrol’s mistreatment of migrants in their custody.

 

We also announced that Saturday Night Live main cast member Ego Nwodim will host our June 3rd Spring Social, and we have new opportunities to join Human Rights First’s New York City marathon team.
REPORTING ON DANGERS TO REFUGEES EXPELLED TO MEXICO

 

This week, Human Rights First, RAICES, and the Interfaith Welcome Coalition found that despite the epidemic of violence and kidnappings of migrants and refugees, the Biden administration is using Title 42 to expel adults and families with young children to Nuevo Laredo in Tamaulipas, MX.
Courtesy Reuters

Asylum-seekers in the Remain in Mexico policy living inside a

makeshift camp in the Mexican city of Matamoros.

 

Legal Fellow Julia Neusner highlighted Border Patrol’s shocking mistreatment of refugee and migrant families expelled to danger by the Biden administration in her newest blog post.

 

EXPOSING TITLE 42 AS A POLITICAL CALCULATION

 

Our Freedom of Information Act (FOIA) request today revealed that a Trump administration Centers for Disease Control (CDC) political appointee with no public health expertise “work[ed] on” the Title 42 order’s near “final version” for “days” before the former CDC director signed it.

 

The findings of our FOIA confirm the political origins of the Title 42 order and further underline that the Biden administration’s continued use of Title 42 to block asylum at the border has no basis in public health.

 

URGING A SWIFTER WIND DOWN TO “REMAIN IN MEXICO”

 

Human Rights First led more than 50 organizations and law school clinics yesterday in issuing a letter to the Biden administration urging them to improve their wind down of the Trump administration’s ill-named “Migrant Protection Protocols,” and swiftly bring to safety those stranded under the cruel program.

 

“The lives and safety of asylum seekers still stranded in Mexico are in the hands of President Biden and his administration,” said Senior Director of Refugee Protection Eleanor Acer.
Courtesy Reuters

Migrants sent back to Mexico under MPP

occupy a makeshift encampment in Matamoros, Mexico.

 

PUSHING TO EVACUATE OUR ALLIES FROM AFGHANISTAN

 

As part of our effort to bring Afghan allies in the Special Immigrant Visa (SIV) program to safety, President and CEO Michael Breen penned an op-ed calling on President Biden to evacuate those remaining in the program.

 

“Leaving allies behind would strike at the very core of who we believe ourselves to be and fly in the face of our most sacred creed. What faith would we have left in ourselves? Who would ever stand with us again?” he wrote.
Take Action
You can join our effort to save our SIVs by contacting your Members of Congress and urging them to take action to protect these allies, many of whom sacrificed so much to work with American forces.

 

CELEBRATING HUMAN RIGHTS DEFENDERS AT OUR SPRING SOCIAL

 

We’re excited to announce that Saturday Night Live’s Ego Nwodim will be hosting our Virtual Spring Social LIVE on June 3rd at 6:30pm EST!

 

 

Also featuring special guests Ernie Hudson (Ghostbusters, Grace and Frankie), Leeza Gibbons, Hill Harper, and an exclusive musical performance from mxmtoon, with more to come!

 

Don’t miss this festive, empowering event honoring human rights defenders.

 

Tickets start at $100.
Register Now
MARATHONING FOR HUMAN RIGHTS

 

Human Rights First has charity bibs for the 2021 TCS NYC Marathon!

 

If you want to be a part of the historic 50th marathon and support human rights, please complete our interest form by tomorrow, May 20.
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EXPANDING OUR TEAM TO MEET NEW CHALLENGES

 

Human Rights First empowers Americans to fight for justice in our own communities and around the world. Our staff succeed at bringing real change, and many have gone on to lead at all levels of government.

 

Now, we’re seeking new talent to join this passionate and effective team.
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Requiring the restoration of the legal asylum system at the border is a legal and moral imperative that Garland continues to ignore (compare “Gonzo” Sessions’s willingness to use bogus legal opinions to effectively order DHS to institute illegal, racist, xenophobic policies like “family separation” at the border and an illegal end to DACA).

If Garland had acted promptly and competently, a “New EOIR” unburdened by bogus Trump-era anti-asylum precedents, with a new progressive BIA, and with asylum expert judges assigned to border asylum cases could be working through those cases right now without denying anyone’s rights! It’s not “mission impossible” despite all the right wing blather, reinforced to a large extent by the Biden Administration’s remarkable inability to handle a very predictable border scenario in accordance with the law and best practices, compounded by their inept and uninformed “flackies” whose lack of knowledge about the realities of our immigration system, the human impact, and the very future of our justice system and our democracy at stake continue to be mind boggling!

It’s not going to happen until Garland wises up, removes the “Miller leftovers” at EOIR, and puts progressive experts in charge of repairing and reforming the Immigration Courts as well as restoring law and order at the border. Knowledge is power! And the lack of human rights, immigration, asylum, due process, gender, racial equity, and Immigration Court expertise at DOJ is killing the Biden Administration, along with the folks they are illegally and immorally returning to danger and abuse every day!

Also, a greatly upgraded PIO Team that actually understands immigration, human rights, due process, and their links to racial justice policies, the economy, and other Administration priorities and can provide compelling, factually accurate information in support of reestablishing our legal immigration system and due process should also be a “must do” for the Biden Administration! The fascist, nativist right “misinformation and distortion factory” is “loaded for bear” on these issues; it’s once again “Amateur Night at the Bijou” for the Biden immigration and legal reform efforts, particularly at the inept and apparently clueless DOJ! It should not, and must not continue, to be this way!

Amateur Night
Is this REALLY the best recruiting method for a crack immigration/human rights PIO Team at EOIR and DOJ? Are holdovers who spewed forth “Soviet-style” propaganda and misinformation defending the indefensible Trump/Miller White Nationalist viurulently anti-due-process, misogynist immigration agenda @ EOIR & DOJ REALLY the best spokespersons for an Administration pledged to institute progressive changes in immigration? 
PHOTO: Thomas Hawk
Creative Commons
Amateur Night

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever!

PWS

05-20-21

Related posts:

  1. 🏴‍☠️🤮☠️⚰️👎🏻STILL SCOFFLAWS AFTER ALL THESE MONTHS: UNHCR SPEAKS OUT AS BIDEN, HARRIS, GARLAND, MAYORKAS CONTINUE TRUMP-MILLER POLICIES OF ILLEGAL, IMMORAL, UNNECESSARY RETURN OF ASYLUM SEEKERS WITH NO DUE PROCESS UNDER BOGUS TITLE 42 RATIONALE! — Ever Wonder Why Racial & Gender Justice & Equity Are Mirages In Today’s America? — Look No Further Than The “Dred Scottification” Of “The Other” @ DOJ & DHS On Display Every Day!
  2. VICE PRESIDENT HARRIS THINKS RULE OF LAW DOESN’T APPLY TO RICH NATION THAT ILLEGALLY TURNS DESPERATE REFUGEES AWAY, SUGGESTS GUATEMALANS SHOULD DIE IN PLACE! — “Deterrence Statement” Won’t Stop Migration, Won’t Appease Nativist-Restrictionists, But Will Cost Her Support From Human Rights Progressives Who Helped Elect Her!  — There Will Be No Workable Solutions At Our Southern Border Without a Functional, Robust Legal Asylum System That Complies With Due Process!
  3. 🗽⚖️🇺🇸LEE GELERNT @ ACLU SAYS BIDEN ADMINISTRATION “cannot farm out the asylum system.” Yet, That Appears To Be Largely What They Are Doing Under New, Previously Unpublicized Program!
  4. ⚠️🚸V.P. HARRIS IS GOING TO THE BORDER: SHE SHOULD TALK WITH THE REAL VICTIMS OF HER GOVERNMENT’S, ILLEGAL, WRONG-HEADED, IMMORAL, AND INEFFECTIVE BORDER DETERRENCE POLICIES — Avoid The CBP “Dog & Pony Show,” & The GOP’s Cowardly “Gunboat Cruz” — Cross Over The Border, View The Human Rights Catastrophe We Have Created, Understand People Have A Right To Seek Legal Refuge, & Fix The Legal Asylum System At Ports Of Entry & Immigration Courts With Humane, Practical Experts! — “The vice president seems to have bought into the… I can’t use another word, but the nativist party line, that somehow these immigrants are the cause of the problem when, in fact, they’re the victims of multiple problems in many cases.” — Stop Blaming, Shaming, & Dehumanizing The Victims & Start Fixing Our Asylum System & Solving The Problems That Force Them To Migrate!

BIDEN ADMINISTRATION’S AGREEMENT TO ALLOW A FEW MORE LEGAL ASYLUM SEEKERS TO BE PROCESSED FALLS FAR SHORT OF RESTORING THE RULE OF LAW @ OUR SOUTHERN BORDER! 

 

Elliott Spagat
Elliott Spagat
Reporter
Associated Press

https://www.huffpost.com/entry/biden-asylum-seekers-restrictions_n_60a3a360e4b014bd0cb0c284

Elliot Spagut reports for AP:

The Biden administration has agreed to let about 250 people a day through border crossings with Mexico to seek refuge in the United States, part of negotiations to settle a lawsuit over pandemic-related powers that deny migrants a right to apply for asylum, an attorney said Monday.

The government also said it would stop flying migrant families from Texas’ Rio Grande Valley to El Paso, Texas, and San Diego to then be expelled to Mexico under pandemic powers, said Lee Gelernt, an attorney for the American Civil Liberties Union, which has sued in federal court in Washington, D.C. The government has reserved rights to resume flights “if it deems the circumstances warrant.”

The government concessions would dramatically reshape exercise of powers known as Title 42, named for a section of an obscure 1944 law that former President Donald Trump used to let the U.S. Centers for Disease Control and Prevention effectively end asylum at the border while it sought to prevent the coronavirus from spreading.

Biden has exempted unaccompanied children from Title 42 but kept it for single adults and many families. He has come under criticism from progressives for keeping asylum off-limits to many and for encouraging some parents to send children across the border alone. Enforcement-minded critics say exempting children traveling alone led to record numbers crossing and that lifting restrictions more will invite many more people to come.

The government and the ACLU agreed to “a streamlined process for assessing and addressing exemption requests brought by particular vulnerable families and other individuals,” Gelernt said. Once fully up and running, an estimated 250 particularly vulnerable individuals will be allowed in daily to seek humanitarian protection through a consortium of nongovernmental organizations. They must test for COVID-19 before entering the country.

About 2,000 people have already been allowed to enter the country, exempted from the pandemic-related powers to pursue asylum or other forms of protection while in the United States, Gelernt said.

“While these concessions will hopefully save lives, they are not a substitute for eliminating Title 42 and restoring asylum processing fully,” Gelernt said.

The Department of Homeland Security did not immediately respond to a request for comment Monday night.

. . . .

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

The Administration basically has conceded that the bogus Trump-era Title 42 bar had little to do with public health (never much of a concern for the Trump kakistocracy) and everything to do with eliminating the rights of legal asylum seekers, particularly refugee women and those of color. The Biden Administration’s defense of this travesty is pretty disingenuous. 

Due Process Forever!

PWS

05-18-21

Related posts:

  1. 🗽⚖️🇺🇸LEE GELERNT @ ACLU SAYS BIDEN ADMINISTRATION “cannot farm out the asylum system.” Yet, That Appears To Be Largely What They Are Doing Under New, Previously Unpublicized Program!
  2. 🏴‍☠️🤮👎🏻☠️ARBITRARY, CAPRICIOUS, ILLEGAL, INHUMANE, DEADLY ⚰️ DEFINES BIDEN ADMINISTRATION’S SOUTHERN BORDER POLICY! — Gross Failure To Stand Up For Constitution, Rule Of Law, Human Dignity!
  3. 🤮🏴‍☠️GARLAND DOJ “POLISHES” OTHERWISE LACKLUSTER LITIGATION RECORD WITH BIG WIN FOR STEPHEN MILLER & HIS NEO-NAZI ANTI-ASYLUM POLICY! — “ There was no science involved, only anti-immigrant and anti-asylum animus.”
  4. 👍🏼🗽⚖️🙂🇺🇸BREAKING: IN A STUNNING REVERSAL, BIDEN ADMINISTRATION WILL BEGIN DISMANTLING “REMAIN IN MEXICO” PROGRAM BY SCREENING & ADMITTING THOSE WHO HAVE BEEN AWAITING ASYLUM HEARINGS! — Processing To Begin On Feb. 19!

PROFESSOR GEOFFREY HOFFMAN: This Is Progressive Liberalism? — Scofflaw Biden Administration Continues To Use Illegal Trump Subterfuge To Close Borders To Asylum Seekers (Disproportionately People Of Color) As AG Garland Looks The Other Way!

Professor Geoffrey Hoffman
Professor Geoffrey Hoffman
Immigraton Clinic Director
University of Houston Law Center

https://www.texasstandard.org/stories/advocates-say-continued-use-of-title-42-to-exclude-most-asylum-seekers-from-the-us-discriminates-against-them/

From the Texas Standard:

The Biden administration’s approach to the border and immigration has been heavily criticized. With Trump-era policies still in place, some advocates object to the way the rules are being enforced right now, specifically a provision known as Title 42.

Geoffrey Hoffman is a clinical professor and director of the immigration clinic at the University of Houston Law Center. Hoffman told Texas Standard that Title 42 authorizes the surgeon general to suspend immigration into the United States on public health grounds. It has been on the books since the 1940s, and though Title 42 has been evoked several times, its use increased significantly during the Trump administration.

“Back in March of 2020, the Trump administration used Title 42 to curtail, basically, entry of almost everyone from the Mexican border coming in to try to seek asylum,” Hoffman said. “And so that was a very, very big impact on those people.”

Hoffman says 600,000 people have been expelled from the country under Title 42.

Immigration advocates say Title 42 is being used as an “end run” around laws allowing asylum-seekers to enter the United States and pursue their claims.

“The issue is really that it’s being used at the land border in Mexico and Canada, and not through other entries. So it’s been seen as being discriminatory, and a racial-justice issue,” Hoffman said.

The Biden administration has continued to use Title 42, carving out an exception for unaccompanied minors who are being allowed into the country to pursue asylum claims. Some immigration advocates say applying Title 42 differently to different populations should be ended.

“You have Title 42 being used, according to immigration advocates, as a pretext,” Hoffman said. “It’s a pretext to prevent people who are otherwise legitimately seeking asylum, preventing them from seeking that relief.”

Hoffman says the United States has an obligation under the nation’s own laws, and under international law, to provide a means by which asylum-seekers can make their claims. Forcing migrants out of the country without a hearing, under Title 42, violates those laws, he says.

If you found the reporting above valuable, please consider making a donation to support it here. Your gift helps pay for everything you find on texasstandard.org and KUT.org. Thanks for donating today.

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

Remember how Jeff “Gonzo Apocalypto” Sessions was never shy about intervening in matters outside his agency jurisdiction, like child separation and DACA, when it fit his White Nationalist political agenda?

But, Judge Garland has not only failed to restore an operating legal asylum system @ EOIR, but also has stood by and watched while DHS daily commits gross violations of international, constitutional, and statutory law — violations that threaten life and safety — under a pretext carried over from the Trumpists. 

Significantly, a U.S. District Judge in D.C. recently ruled that:

It is the role of the political branches, and not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic,” she continued. “The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not.

This rationale appears equally applicable to CDC’s legal authority to suspend international conventions, asylum statutes, immigration laws, and  constitutional due process on a cosmic scale as pretext for ending our legal asylum system without passing legislation!

https://www.cnn.com/2021/05/05/politics/cdc-moratorium-evictions/index.html

Sure, there are problems at the border. But, the solution is to:

  • restore legal screening at the ports of entry;
  • reinstate a fair and robust legal asylum process using more trained Asylum Officers and better Immigration Judges — progressive experts in asylum law (NOT like the “gang of 17” same old, same old “bureaucratic retreads” the tone-deaf Judge Garland just put on the bench);
  • repeal of the Sessions/Barr anti-asylum precedents and replacing the BIA with judges who are asylum experts;
  • creating more opportunities for legal immigration for both refugees and needed workers;
  • enlisting the support of the UNHCR, NGOs, religious organizations, universities, and local governments to aid in the processing, representation, and resettlement of asylum seekers; and
  • slashing artificial and unnecessary Immigration Court backlogs to allow qualified expert Immigration Judges to adjudicate on a “real time” basis represented asylum cases that can’t quickly be granted at the Asylum Office and to establish some positive precedents in asylum law to govern and guide practitioners, Immigration Judges, and Asylum Officers.

It’s not rocket science. But, it very clearly is beyond the capability of Mayorkas, Garland, and the other folks Biden has put in charge of the Administration’s immigration policies. There are folks out there who can do the job — Professor Hoffman is just one of many.

The responsible positions necessary to reform, restore, and revitalize our nation’s refugee, asylum, and immigration laws are mostly at the sub-cabinet level, not requiring Senate confirmation. EOIR is a prime example of a great opportunity for progressive change being inexplicably squandered by Garland and his clueless lieutenants. What is important, and has been conspicuously absent from Biden immigration policies to date, is some inspired leadership and enlightened personnel choices from Mayorkas, Garland, and Becerra.

For example, Jeff “Gonzo Apocalypto” Sessions had no hesitation about spreading false narratives about asylum seekers, demeaning their humanity, disrespecting their hard-working attorneys, and encouraging “his” judges to deny more cases (particularly those involving women of color), and to elevate productivity, cutting corners, and obedience to his policies over quality, fairness, due process, and protecting the legal rights of asylum seekers and other immigrants from DHS overreach.

But, what inspiring statement has Judge Garland made about the necessity of making adherence to fundamental fairness, due process, best practices, quasi-judicial independence, and humane treatment of all respondents the touchstone of EOIR? What visible appointments of widely respected practical scholars and human rights experts has he made in EOIR management, the Immigration Judiciary, OIL, or elsewhere in the DOJ. NONE!  Sometimes silence speaks more loudly than words!

With the pandemic and Trump’s xenophobic illegal attack on our legal immigration system, in the face of a sharply declining birth rate, we have plenty room for more immigrants, be they refugees, family members, or essential workers. As Professor Hoffman and others of us had predicted, the racist attack on our immigration system by Trump, unfortunately largely continued by the Biden Administration, has turned our immigration system over to smugglers, cartels, gangs, and pure chance.

A rational, orderly, humane, and most of all legal and constitutional immigration system would benefit all of us. It’s a shame that those currently in Government can’t or won’t make it happen.

Due Process Forever!

PWS

05-07-21

Related posts:

  1. ☠️⚰️🤮👎🏽BIDEN/GARLAND/MAYORKAS WITH MASSIVE HUMAN RIGHTS FAILURE: 40% Of Asylum Seekers Illegally Returned By Biden Administration Suffered Attacks, Kidnapping Upon Return To Mexico — None Were Given Legal/Human Rights To Apply For Asylum (Under A System Already Biased Against People of Color & Women)! — This & Other News In The Gibson Report, Prepared By Elizabeth Gibson, Esquire, NY Legal Assistance Group!
  2. 🏴‍☠️🤮☠️⚰️👎🏻STILL SCOFFLAWS AFTER ALL THESE MONTHS: UNHCR SPEAKS OUT AS BIDEN, HARRIS, GARLAND, MAYORKAS CONTINUE TRUMP-MILLER POLICIES OF ILLEGAL, IMMORAL, UNNECESSARY RETURN OF ASYLUM SEEKERS WITH NO DUE PROCESS UNDER BOGUS TITLE 42 RATIONALE! — Ever Wonder Why Racial & Gender Justice & Equity Are Mirages In Today’s America? — Look No Further Than The “Dred Scottification” Of “The Other” @ DOJ & DHS On Display Every Day!
  3. 🏴‍☠️🤮👎🏻⚰️☠️BIDEN, HARRIS, GARLAND, MAYORKAS CONTINUE THE ILLEGAL, RACIST TRUMP/MILLER ANTI-ASLUM POLICIES @ THE BORDER — It Must Stop, Say Advocates! —  “The policy has disproportionately affected Black migrants, who are often Haitian.”
  4. 🗽⚖️🇺🇸LEE GELERNT @ ACLU SAYS BIDEN ADMINISTRATION “cannot farm out the asylum system.” Yet, That Appears To Be Largely What They Are Doing Under New, Previously Unpublicized Program!

☠️⚰️🤮👎🏽BIDEN/GARLAND/MAYORKAS WITH MASSIVE HUMAN RIGHTS FAILURE: 40% Of Asylum Seekers Illegally Returned By Biden Administration Suffered Attacks, Kidnapping Upon Return To Mexico — None Were Given Legal/Human Rights To Apply For Asylum (Under A System Already Biased Against People of Color & Women)! — This & Other News In The Gibson Report, Prepared By Elizabeth Gibson, Esquire, NY Legal Assistance Group!

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

COVID-19 & Closures

Note: Policies are rapidly changing, so please verify information with the government and colleagues.

EOIR Status Overview & EOIR Court Status Map/List: Unless previously specified on the court status list, hearings in non-detained cases at courts are postponed through, and including, May 14, 2021. (It is unclear when the next announcement will be. EOIR announced 5/14 on Mon. 3/29, 4/16 on Fri. 3/5, 3/19 on Wed. 2/10, 2/19 on Mon. 1/25, 2/5 on Mon. 1/11, and 1/22 on Mon. 12/28.) There is no announced date for reopening NYC non-detained at this time.

 

USCIS Office Closings and Visitor Policy

 

TOP NEWS

 

An Early Promise Broken: Inside Biden’s Reversal on Refugees

NYT: Secretary of State Antony J. Blinken was in the Oval Office, pleading with President Biden. In the meeting, on March 3, Mr. Blinken implored the president to end Trump-era restrictions on immigration and to allow tens of thousands of desperate refugees fleeing war, poverty and natural disasters into the United States, according to several people familiar with the exchange. But Mr. Biden, already under intense political pressure because of the surge of migrant children at the border with Mexico, was unmoved.

 

Trump Asylum Work Rules Under Review, Changes Possible, DOJ Says

Bloomberg: Trump regulations aimed at lengthening the amount of time an asylum seeker had to wait to apply for work authorization are now under review, with potential changes coming, according to a new government filing in a federal lawsuit over the rules.

 

New Report Documents Nearly 500 Cases Of Violence Against Asylum-Seekers Expelled By Biden

Intercept: A joint human rights report published Tuesday, based on more than 110 in-person interviews and an electronic survey of more than 1,200 asylum-seekers in the Mexican state of Baja California, documented at least 492 cases of attacks or kidnappings targeting asylum-seekers expelled under a disputed public health law, known as Title 42, since President Joe Biden’s January inauguration.

 

Biden’s open to doing immigration through reconciliation, Hispanic lawmakers say

Politico: A push from Biden touting the economic benefits of immigration reform could supplement efforts by progressive groups to sell a pathway to citizenship for undocumented people as a $1.4 trillion boon for the U.S. economy. It also may boost efforts by some on Capitol Hill to argue that a pathway to citizenship for some undocumented immigrants can be passed in a reconciliation package that, if sanctioned by the Senate parliamentarian, could move through the chamber with just 50 votes.

 

How ICE’s Mishandling of Covid-19 Fueled Outbreaks Around the Country

NYT: To date, Immigration and Customs Enforcement has reported over 12,000 virus cases. Our investigation found that the impact of infection extended beyond U.S. detention centers.

 

Nearly 4,000 MPP Cases Transferred Out of MPP Courts Under Biden, But Most Cases Still Remain In Mexico

TRAC: Rates of case transfers out of MPP varied by court, from a high of 28 percent of cases assigned to the MPP court in Brownsville, Texas, transferred to a non-MPP court, to a low of just three percent of cases assigned to the MPP court in Laredo, Texas.

 

They missed their U.S. court dates because they were kidnapped. Now they’re blocked from applying for asylum.

WaPo: Many missed their court dates because they were kidnapped and held hostage, or detained by Mexican officials, or because they couldn’t find a safe way to get to the border in the middle of the night, when most were told to arrive for their hearings, according to lawyers, advocates and the migrants themselves. Some had medical emergencies related to the conditions in which they waited. An untold number, their asylum cases now closed, remain in hiding in northern Mexico.

 

Unaccompanied migrant children spend weeks in government custody, even when their U.S.-based parents are eager to claim them

WaPo: More than 40 percent of the minors released by the government have at least one parent already living in the United States, but HHS has been taking 25 days on average to approve release and grant custody to the mother or father, a number that dipped to 22 days Thursday, according to the latest internal data reviewed by The Washington Post. It takes an average of 33 days to release minors to other immediate relatives, such as siblings.

 

Despite Biden’s union support, immigration judges left waiting

Roll Call: More than a month after former D.C. Circuit judge Merrick B. Garland was confirmed as attorney general, the Justice Department — which houses the U.S. immigration court system — has not intervened.

 

What America would look like with zero immigration

CNN: In short, if immigration remained at near-zero levels, within decades, the country could be older, smaller and poorer. But if the US government welcomed more newcomers, within decades, the country could be younger, more productive and richer.

 

Sex Work Prosecution Changes in New York Are a Welcome Step — but Not Enough

Intercept: Historically, the criminalization of “promoting” sex work has left the loved ones and roommates of sex workers, as well as sex worker rights advocates, vulnerable to prosecution. For many immigrant workers, the risk of deportation will remain. The DA’s office said that it would continue to bring other charges that stem from prostitution-related arrests. “Trafficking” will no doubt be used to carry out raids and harass survival workers.

 

LITIGATION/CASELAW/RULES/MEMOS

Justices Won’t Hear Texas Bid To Revive Public Charge Rule

Law360: The U.S. Supreme Court on Monday ruled Texas and 13 other states moved too quickly in attempting to revive the Trump-era public charge rule, saying the states would have to first make their case at the district court level.

BIA Finds Attorney Provided Ineffective Assistance by Missending Medical Examination

Unpublished BIA decision finds prior attorney provided ineffective assistance by mistakenly submitting medical examination to USCIS rather than immigration court. Special thanks to IRAC. (Matter of Samuels-Foster, 7/30/20) AILA Doc. No. 21042002

BIA Finds IJ Improperly Drew Falsus in Uno Inference

Unpublished BIA decision finds IJ improperly drew falsus in uno, falsus in omnibus inference where sole false testimony related to whether respondent rather than his prior attorney signed his adjustment application. Special thanks to IRAC. (Matter of Luwaga, 7/31/20) AILA Doc. No. 21042001

CA3 3rd Circ. Says Courts Can’t Help Asylum-Seeker Define Group

Law360: Immigration courts were not required to help a Mexican immigrant refine his definition of the persecuted group he identified with in order to prevent his deportation, a Third Circuit panel has ruled.

CA3 Holds That INA §237(a)(2)(B) Provides No Pardon Waiver for a Controlled Substance Offense

Denying the petition for review, the court held that INA §237(a)(2)(B), which provides for removal of a noncitizen convicted of a violation of any law or regulation of a state relating to a controlled substance, contains no pardon waiver. (Aristy-Rosa v. Att’y Gen., 3/16/21) AILA Doc. No. 21041934

CA8 Upholds Denial of Asylum to Somali Petitioner Who Was a Member of a Minority Islamic Sect

The court held that the petitioner was removable because his Minnesota conviction for possession of khat related to a federal controlled substance pursuant to INA §237(a)(2)(B)(i), and found that the petitioner had failed to prove that he was entitled to asylum. (Ahmed v. Garland, 4/8/21) AILA Doc. No. 21041935

CA8 Says “Serious Reasons for Believing” Standard Under INA §208(b)(2)(A)(iii) Requires a Finding of Probable Cause

Where BIA had denied asylum to petitioner based on a finding that serious reasons exist to believe he committed a serious nonpolitical crime, the court held that the “serious reasons for believing” standard requires a finding of probable cause. (Barahona v. Garland, 2/3/21, amended 4/15/21) AILA Doc. No. 21021636

CA8 Concludes That Petitioner Was Barred from Cancellation of Removal Based on His Iowa Conviction for Possessing Marijuana

The court held that the BIA did not err in determining that petitioner’s Iowa conviction for possession of a controlled substance disqualified him from relief in the form of cancellation of removal, because the Iowa statute is divisible as to marijuana offenses. (Arroyo v. Garland, 4/14/21) AILA Doc. No. 21041937

CA9 Affirms District Court’s Grant of a Preliminary Injunction Against Third Country Transit Ban

The court upheld the district court’s grant of a preliminary injunction against the implementation of a DHS/DOJ joint interim final rule that categorically denies asylum to individuals arriving at the U.S./Mexico border. (East Bay Sanctuary Covenant v. Garland, 7/6/20, amended 4/8/21) AILA Doc. No. 20070636

CA9 Concludes IJ’s Adverse Reasonable Fear of Torture Determination Was Not Supported by Substantial Evidence

Granting the petition for review and remanding, the court held that the IJ’s decision to affirm the asylum officer’s adverse reasonable fear of torture determination as to the Honduran petitioner was not supported by substantial evidence. (Alvarado-Herrera v. Garland, 4/13/21)

AILA Doc. No. 21042032

 

CA11 BIA Mishandling Of Forged Letter Resurrects Removal Appeal

Law360: The Eleventh Circuit has revived a Gambian man’s bid to remain in the U.S., chiding the Board of Immigration Appeals for misrepresenting how attorney misconduct, including an alleged forgery, skewed his removal proceedings.

 

Texas Says Biden Admin. Ignores COVID-19 Immigration Rule

Law360: Texas’ attorney general said in a federal court complaint Thursday that the Biden administration was not abiding by Trump-era U.S. Centers for Disease Control and Prevention rules meant to reduce the spread of COVID-19 by restricting illegal immigration.

 

ICE Must Hand Over Alternatives To Detention Records

Law360: U.S. Immigration and Customs Enforcement must hand over records related to its Alternatives to Detention program by May 3, in response to a lawsuit in New York federal court seeking information on how the agency surveils immigrants in its supervision.

ICE Rescinds Civil Penalties for Failure to Depart

Posted 4/23/2021

DHS announced that ICE has rescinded two delegation orders related to the collection of civil financial penalties for noncitizens who fail to depart the United States. ICE had initiated enforcement of civil penalties in 2018; as of January 20, 2021, ICE ceased issuing these fines.

AILA Doc. No. 21042331

 

DHS Notice of Suspension of Requirements Governing Employment for Venezuelan F-1 Students

Posted 4/22/2021

DHS notice of the suspension of certain requirements governing employment for F-1 students from Venezuela who are experiencing severe economic hardship as a result of the humanitarian crisis in Venezuela. (86 FR 21328, 4/22/21)

AILA Doc. No. 21042106

 

DHS Notice of Suspension of Requirements Governing Employment for Syrian F-1 Students

Posted 4/22/2021

DHS notice of the suspension of certain requirements governing employment for F-1 students from Syria who are experiencing severe economic hardship as a result of the civil unrest in Syria. (86 FR 21333, 4/22/21)

AILA Doc. No. 21042105

 

CBP Memo Updating Terminology for CBP Communications and Materials

Posted 4/21/2021

Troy Miller, senior official performing the duties of the commissioner, issued a memo establishing guidance on the preferred use of immigration terminology within the federal government. The memo provides a table listing prior terminology and the new terminology CBP will use moving forward.

AILA Doc. No. 21042100

ACTIONS

 

RESOURCES

 

EVENTS

 

 

ImmProf

Monday, April 26, 2021

Sunday, April 25, 2021

Saturday, April 24, 2021

Friday, April 23, 2021

Thursday, April 22, 2021

Wednesday, April 21, 2021

Tuesday, April 20, 2021

Monday, April 19, 2021

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

The failure of President Biden, Judge Garland, and Secretary Mayorkas to end the grotesque abuse of asylum seekers at our borders will be a blot on their records. Human lives are at stake! 

And establishing a due process compliant, robust, generous asylum adjudication system in the U.S. is not “rocket science.” With better, more courageous leadership, and different judges (a number of whom are already on the EOIR payroll), and a partnership with NGOs and organizations who know asylum law, a much better system could have been up and functioning well before now! 

Just one word to describe the performance so far: INEXCUSABLE!

Biden Muddled Liberty Message

Biden Border Message
“Border Message”
By Steve Sack
Reproduced under license
“Floaters”
So far, Biden, Garland, & Mayorkas appear to share this Trump/Miller view of the humanity of brown-skinned asylum seekers! (AP Photo/Julia Le Duc)

Due Process Forever!

PWS

04-28-21

Related posts:

  1. 🗽⚖️🇺🇸LEE GELERNT @ ACLU SAYS BIDEN ADMINISTRATION “cannot farm out the asylum system.” Yet, That Appears To Be Largely What They Are Doing Under New, Previously Unpublicized Program!
  2. VICE PRESIDENT HARRIS THINKS RULE OF LAW DOESN’T APPLY TO RICH NATION THAT ILLEGALLY TURNS DESPERATE REFUGEES AWAY, SUGGESTS GUATEMALANS SHOULD DIE IN PLACE! — “Deterrence Statement” Won’t Stop Migration, Won’t Appease Nativist-Restrictionists, But Will Cost Her Support From Human Rights Progressives Who Helped Elect Her!  — There Will Be No Workable Solutions At Our Southern Border Without a Functional, Robust Legal Asylum System That Complies With Due Process!
  3. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  4. ⚠️🚸V.P. HARRIS IS GOING TO THE BORDER: SHE SHOULD TALK WITH THE REAL VICTIMS OF HER GOVERNMENT’S, ILLEGAL, WRONG-HEADED, IMMORAL, AND INEFFECTIVE BORDER DETERRENCE POLICIES — Avoid The CBP “Dog & Pony Show,” & The GOP’s Cowardly “Gunboat Cruz” — Cross Over The Border, View The Human Rights Catastrophe We Have Created, Understand People Have A Right To Seek Legal Refuge, & Fix The Legal Asylum System At Ports Of Entry & Immigration Courts With Humane, Practical Experts! — “The vice president seems to have bought into the… I can’t use another word, but the nativist party line, that somehow these immigrants are the cause of the problem when, in fact, they’re the victims of multiple problems in many cases.” — Stop Blaming, Shaming, & Dehumanizing The Victims & Start Fixing Our Asylum System & Solving The Problems That Force Them To Migrate!

🏴‍☠️ADMINISTRATIONS COME & GO — BUT, INSTITUTIONALIZED RACISM DIRECTED AGAINST BLACK HAITIAN MIGRANTS REMAINS A BIPARTISAN STAPLE OF U.S. IMMIGRATION POLICY!

Haitians
Torch
By Bill Day
Republished by license

FOR IMMEDIATE RELEASE

Media Contact:

Nicole Phillips, Legal Director, Haitiian Bridge Alliance, nmp.law@gmail.com, +1 (510) 715-2855

Tom Ricker, Policy Director, The Quixote Center, tomr.quixote@gmail.com, (301) 922-8909

Biden’s Invisible Wall: New Report Describes the Hardships that Title 42 Expulsions Create for Haitian Migrant Families and Calls on Biden to Stop Expelling Migrants to Haiti

San Diego, California, March 25, 2021 — Today, one year after the “Title 42” policy was enacted, the Haitian Bridge Alliance, Quixote Center and UndocuBlack release the report, The Invisible Wall: Title 42 and its Impacts on Haitian Migrants, and call on the Biden-Harris Administration to immediately revoke Title 42 and end expulsions to Haiti. According to Guerline Jozef, Executive Director of Haitan Bridge Alliance, “Most if not all of the expulsions to Haiti are per the Title 42 policy, which was adopted  under a false pretext of the coronavirus pandemic. Title 42 is Trump’s invisible wall that effectively closed the U.S.-Mexico border to migrants.” “Our Report,” says Ms. Jozef, “presents the voices and hardships of Haitian migrant families who have been abused in immigration custody and then expelled under the Title 42 policy without the opportunity to seek legal counsel or request asylum or other protection.”

On February 1, 2021, the first day of Black History Month, the U.S. government drastically expanded removals and expulsions to Haiti. Rather than dismantle the Trump Administration’s invisible wall, the Biden-Harris Administration doubled down. More Haitians have been removed per the Title 42 policy in the weeks since President Joe Biden took office than during all of Fiscal Year 2020. The Report provides the narratives of Haitian families who were apprehended at the U.S. Mexico border within the last year under the Title 42 policy and were subject to expulsion to Haiti or Mexico.

The Report explains how Haitian migrants are expelled under the Title 42 policy without being informed whether or when they will be expelled, and without the opportunity to seek asylum or other forms of protection.  “Abigale” (name changed), a Haitian woman interviewed for the Report, describes the cruelty of immigration officials during her family’s expulsion, “None of the officers ever confirmed that we were being deported. No one would even say the word deportation. None of them, through this whole process. All the families were crying on the bus, for over an hour. My husband and others kept asking what was going on, if they were deporting us. They would not tell us anything despite our desperation. It was all extremely emotional.”

“The Biden-Harris Administration has continued cruelty against immigrants,” said Patrice Lawrence, Co-director of the UndocuBLack Network. “We hope that this will not be their legacy. It is cruel to use Title 42 as a loophole for deporting immigrants in general and Black migrants in particular. It is a euphemism for removals and deportation of immigrants which the Trump Administration deemed expendable in the wider context of its eugenic agenda of creating a Whiter America and atmosphere of nativism. The invisible wall named Title 42 keeps at bay brown and Black people fleeting war, violence, poverty and disasters under the pretext of protecting Border Protection officers from COVID-19 and to minimize the number of persons in congregate settings, such as immigration detention centers. The Biden-Harris Administration continues to ignore the cry and plight of immigrants that are being forced to board a plane and are taken to the very places they escaped from. The xenophobic language of the previous Administration might be gone, but the practices still remain.”

“There is no sound public health rationale for the Title 42 ban on migrants,” says Tom Ricker, Policy Director with the Quixote Center.  “The idea for the policy came not from public health officials, but from the Trump White House. The entire justification for the Title 42 policy is the claim that the United States lacks the capacity to safely detain people. Yet, the United States is holding people for weeks only to then put them on crowded planes. How do you deny someone asylum who has been placed in detention – with no legal representation at all – based on the argument that there is no capacity to detain them?”

The Report also describes the high security risks that Haitian migrants face when they are expelled to Haiti or Mexico. As one woman who was recently expelled to Haiti under Title 42 describes, “Now the country is in more turmoil so I’m even more afraid to leave [my home]. If these people find us, they would just kill us this time around.”

“Haitian migrants flee violence, instability and persecution in Haiti, then travel a long and treacherous journey to the U.S.-Mexico border seeking safety and security in the United States,” says Nicole Phillips, Legal Director of Haitian Bridge Alliance. “Instead of security, they are abused by immigration officers and – under the Title 42 policy – summarily expelled back to the country they fled without any chance to seek protection. As this Report explains, these expulsions are not only tragic, they are illegal.”

The authors offer nine recommendations. “First,” says Ms. Phillips, “the Title 42 policy must be revoked immediately. It is also critical that asylum processing resumes, while migrants are released to shelter in place with their loved ones in the United States rather than being detained. Incarceration must stop.”

The Full report can be read here.

***********

Same old song! Where’s Vice President Kamala Harris on this one? 

🇺🇸🗽⚖️Due Process Forever! Treat Haitians as persons with constitutional and human rights. End the racist travesties embodied in U.S. immigration policy that fuel racial injustice throughout America!☠️

PWS

3-28-21

Related posts:

  1. CELEBRATING BLACK HISTORY MONTH @ DHS: ICE DEPORTS BLACKS TO DANGER & POTENTIAL DEATH, MANY WITH NO DUE PROCESS!🏴‍☠️ — Legislators Call On Biden Administration To End Racist Enforcement Policies!
  2. 🏴‍☠️CLOSING THE BORDER TO LEGAL ASYLUM SEEKERS IS A VIOLATION OF BOTH DOMESTIC & INTERNATIONAL LAW — It’s Neither Something To Tout (Biden Administration) Nor A Solution (GOP) (Except, Perhaps, In The “Hitlerian” Sense) — Our Inability To Solve A Humanitarian Situation By Acting Lawfully, Sensibly, & Humanely Is A Sign Of Gross National Weakness Spurred By Unwillingness To See The Human Tragedies We Are Promoting! — And The Lousy, Misleading, & Tone-Deaf Reporting By The Some Of The “Mainstream Media” Is Making It Worse! — Leon Krauze & Suzanne Gamboa With Simple Truths About Human Migration That Neither Pols Nor Nativists Want You To Hear! — PLUS BONUS COVERAGE: Friday Mini-Essay: “Degrading Ourselves As A Nation Won’t Stop Human Migration”
  3. VICE PRESIDENT HARRIS THINKS RULE OF LAW DOESN’T APPLY TO RICH NATION THAT ILLEGALLY TURNS DESPERATE REFUGEES AWAY, SUGGESTS GUATEMALANS SHOULD DIE IN PLACE! — “Deterrence Statement” Won’t Stop Migration, Won’t Appease Nativist-Restrictionists, But Will Cost Her Support From Human Rights Progressives Who Helped Elect Her!  — There Will Be No Workable Solutions At Our Southern Border Without a Functional, Robust Legal Asylum System That Complies With Due Process!
  4. 🇺🇸🏴‍☠️RACE IN AMERICA: CARRIE ROSENBAUM “GETS IT,” EVEN AS MAYORKAS, GARLAND, HARRIS & THE OTHER BIDEN HYPOCRITES PRETEND NOT TO:  “Immigration reform, and a more robust application of the Equal Protection doctrine to all those inside the country, and at our borders, is necessary to move towards meaningfully dismantling systemic racism.”

“SIR JEFFREY” CHASE ⚔️🛡 KICKS OFF 2021: Misuse of CDC Authority🤮 Part Of The Scofflaw Regime’s White Nationalist Agenda☠️🏴‍☠️ — Why Have the Federal Courts Let Bogus Pretexts “Overrule” Truth & The Rule of Law?🤥

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

https://www.jeffreyschase.com/blog/2021/1/3/the-next-level-shamelessness-of-the-covid-security-regs

The Next-Level Shamelessness of the COVID Security Regs

On December 23, EOIR and USCIS published final rules designed to brand most people a “security risk,” and thus ineligible for asylum.  The rules won’t become effective until January 22 (i.e. after the Biden Administration is in office), so will presumably be pulled back before they hurt anyone other than the reputations and careers of those responsible for their publication.  Nevertheless, it seems worthwhile to refute the present administration’s claimed justification for such a rule.  First, there will certainly be other bad administrations in our future, and as we’ve seen with the present one, they might look to the past for inspiration.

Furthermore, even without the rule going into effect, individual immigration judges will still be faced with interpreting the clause it invokes on a case-by-case basis.  I’m hoping the following analysis will prove useful, as I’m pretty sure it wasn’t covered in the judges’ training.

But most importantly, the assaults of the past four years on facts and reason have taught us the need to constantly reinforce what those presently in charge hope to make us forget: that there are laws passed by Congress; that the Judiciary has created strict rules governing their interpretation, and that executive agencies are not free to simply ignore or reinvent the meaning of those laws to their own liking.

The regulations in question seek to take advantage of the present pandemic to render any asylum seeker who either exhibits symptoms of the virus, has come in contact with it, or has traveled from or through a country or region where the disease is prevalent ineligible for asylum.  The administration seeks to justify this by claiming that there are reasonable grounds for regarding the above a danger to the security of the United States.

The “danger to the security of the United States” bar to asylum1 which the new regulations reference derives from Article 33(2) of the 1951 Convention Relating to the Status of Refugees, which serves as the international law basis for our asylum laws.  That treaty (which is binding on the U.S.) states that the prohibition against returning refugees shall not apply to those “whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.”

However, Article 33(2) applies to those who have already been recognized as refugees, and have then committed crimes in the country of refuge, which is not the class to whom the new regulations would apply.  The bases for excluding those seeking refugee status for reasons arising prior to their arrival are found under Article 1D through 1F of the 1951 Convention.  The prohibitions found there cover three groups: those who are already receiving protection or assistance (Article 1D); those who are not considered to be in need of protection (Article 1E); and those “categories of persons who are not considered to be deserving of international protection (Article 1F).2   Individuals posing a danger to the community fall into the final category.

No ground contained in the 1951 Convention excludes those in need of protection for health-related purposes.  To understand why, let’s look closer at the Convention’s use of the word “deserving” as it relates to refugee protection.  In 1997, UNHCR published a note providing additional insight into the Article 1F “exclusion grounds.”  Explaining that “the idea of an individual ‘not deserving’ protection as a refugee is related to the intrinsic links between ideas of humanity, equity, and the concept of refuge,” the note explains that the primary purpose of the clauses “are to deprive the perpetrators of heinous acts and serious common crimes, of such protection.”  The note explains that to do otherwise “would be in direct conflict with national and international law, and would contradict the humanitarian and peaceful nature of the concept of asylum.”

The European Council on Refugees and Exiles covered this same issue in its 2004 position paper on Exclusion from Refugee Status.  At page 8, the ECRE stated that the “main aim” of Article 1F was not “to protect the host community from serious criminals,” but rather to preserve the integrity of the international refugee system by preventing it from being used to “shelter serious criminals from justice.”  These sources make it extremely clear that the intent was certainly not to exclude someone who might have been exposed to a virus.

In including six exceptions to eligibility in our asylum statute,3 Congress followed the lead of the 1951 Convention, as all six domestic clauses fall within the three categories listed in paragraph 140 of the UNHCR Handbook as listed above.  Of the six grounds listed under U.S. law, the last one, regarding persons firmly resettled in another country prior to arrival in the U.S., is covered by the Convention categories of those already receiving assistance or not in need of assistance.

The remaining five exceptions under U.S. law fall within the category of those not considered to be deserving of protection (Article 1F).  The statute lists those categories as: (i) persecutors of others; (ii) persons posing a danger to the community of the U.S. by virtue of having been convicted of a particularly serious crime; (iii) persons whom there are serious reasons to believe committed serious nonpolitical crimes prior to their arrival in the U.S.; (iv) persons whom “there are reasonable grounds for regarding…as a danger to the security of the United States,” and (v) persons engaged in terrorist activity.

Agencies may only apply their own interpretation to the term “as a danger to the security of the United States” to the extent such term is ambiguous.  But the courts have instructed that in determining whether a statute is in fact ambiguous, traditional tools of construction must be employed, including canons.4  The Supreme Court has recently applied one such canon, ejusdem generis, for this  purpose.5   In its decision, the Court explained that “where, as here, a more general term follows more specific terms in a list, the general term is usually understood to ‘ “embrace only objects similar in nature to those objects enumerated by the preceding specific words.”’”6

Former Attorney General Barr himself recently applied the ejusdem generis canon to the term “particular social group,” stating that pursuant to the canon, the term “must be read in conjunction with the terms preceding it, which cabin its reach…rather than as an “omnibus catch-all” for everyone who does not qualify under one of the other grounds for asylum.”7

A very similar canon to ejusdem generis  is noscitur a sociis (the “associated words” canon).  Whereas ejusdem generis requires a term to be interpreted similarly to more specific terms surrounding it in a list, noscitur a sociis applies the same concept to more specific terms across the same statute.8

In 8 U.S.C. § 1158(b)(2)(A), the more general term “danger to the security of the United States” is surrounded by the more specific terminology describing the accompanying grounds of asylum ineligibility.  When thus “cabined” by the more specific classes of persecutors of others, those convicted of serious crimes, and those engaged in terrorist activities, it is clear that Congress intended a “risk to security” to relate to similar types of criminal activity, and not to health grounds.  As the intent of Congress is clear, the term “threat to the security of the United States” is not open to any interpretation the agencies might wish to apply to it.  Yet in its published rule, EOIR and USCIS here create the type of “omnibus catch-all” that the Attorney General himself has elsewhere declared to be impermissible.

The rule is further at odds with circuit case law in its application to those who simply “may” pose a risk.  The Third Circuit has found the statutory language of the clause in question to unambiguously require that the asylum-seeker pose an actual, rather than merely a possible, threat to national security.9  Even if it were assumed that COVID could somehow fit into the category of security risk, simply having traveled from or through an area where the virus is prevalent doesn’t establish that the individual presents an actual risk.

There is also the issue of the transient nature of the risk. In the same decision referenced above, the Third Circuit relied on the Refugee Act’s legislative history to conclude “that Congress intended to protect refugees to the fullest extent of our Nation’s international obligations,” allowing for exceptions “only in a narrow set of circumstances.”10  This is obviously a correct reading where exclusion can lead to death, rape, or indefinite imprisonment.  The other classes deemed undeserving of asylum are defined by more permanent characteristics.  In other words, the attribute of being a terrorist, a persecutor, or a serious criminal will not wear off in two weeks time.  To the contrary, any risk posed by one exposed to COVID-19 is likely to pass within that same time frame.  Wouldn’t the “fullest extent” of our obligations call for simple quarantining for the brief period in question?

These issues were all raised in comments to the proposed regs.  And of course, dubious reasons were employed to dismiss these arguments.  For example, the agencies acknowledged the need for the danger posed be an actual rather than a merely possible one.  But somehow, that requirement was dismissed by the inadequate excuse that the danger posed by a pandemic is “unique.”

The rule stands as one of the final examples of the extremes this administration will go to in order to circumvent our asylum laws and turn away those entitled to avail themselves of our immigration courts in order to determine if they are entitled to protection.  As demonstrated here, the degree to which this administration veered from the actual intent of the statute in interpreting the security bar wouldn’t have been much greater if it attempted to deny asylum to those wearing white after Labor Day.11  The law must not be twisted or ignored by executive branch agencies when it conflicts with an administration’s policy objectives.

Notes:

  1. 8 U.S.C. § 1158(b)(2)(A).
  2. UNHCR Handbook at ❡ 140.
  3. 8 U.S.C. § 1158(b)(2)(A).
  4. See, e.g., Arangure Jasso v. Whitaker, 911 F.3d 333, 338-39 (6th Cir. 2018).
  5. See Epic Sys. Corp. v. Lewis, 138 S. Ct. 1612, 1625 (2018).
  6. Ibid (citing Circuit City Stores, Inc. v. Adams, 121 S.Ct. 1302, 149 (2001); National Assn. of Mfrs. v. Department of Defense,138 S.Ct. 617, 628–629 (2018)).
  7. Matter of L-E-A-, 27 I&N Dec. 581, 592 (A.G. 2019).
  8. Thanks to Prof. Jaclyn Kelley-Widmer for sharing her expertise on these terms. See Jaclyn Kelley-Widmer and Hillary Rich, “A Step Too Far: Matter of A-B-, Particular Social Group, and Chevron,” 29 Cornell J. of Law and Public Policy 345, 373 (2019).
  9. Yusupov v. Att’y Gen. of U.S., 518 F.3d 185, 201 (3d Cir. 2008).
  10. Id. at 203-204.
  11. If it had done so, EOIR would undoubtedly have defended the move through the traditional, completely acceptable, totally normal method of issuing a “Myths vs. Facts” sheet. The document might contain the following entry: “Myth: EOIR issued a rule banning asylum to anyone wearing any color at any time. Fact: That’s completely absurd! Only those wearing white (which technically might not even be a color) are banned, and even then, only after Labor Day. As Pantone lists 1,867 colors, white consists of .05 percent of all colors one could wear. And that’s only if white is in fact a color. And, again, only after Labor Day.”

Copyright 2021 Jeffrey S. Chase.  All rights reserved.

Republished by permission.

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

Jeffrey’s article points out how deeply the corruption and racism of the regime have penetrated into the Federal Bureaucracy, even infecting supposedly “professional and apolitical” agencies like CDC. Fixing this will be a formidable task for the Biden-Harris Administration. 

But, there is a larger issue here: Why has the Supremes’ GOP majority “lapped up” the transparent pretexts for unconstitutional actions presented by the regime’s ethics-challenged DOJ lawyers? While an impressive array of U.S. District Court Judges, from both parties, have generally courageously stood tall for the rule of law against White Nationalist abuses, not so the GOP majority of the Supremes!  

Let’s go back to the beginning of the regime. After a string of lower Federal Court defeats, “ethics-free” DOJ lawyers massaged and slightly watered down Trump’s “Muslim Ban” and repackaged it as a bogus “national security” measure. But, even as these disingenuous lawyers were advancing this bogus pretext in court, Trump was reassuring his White Nationalist base that this was indeed the “Muslim Ban” he had promised to his supporters. 

https://www.cato.org/blog/dozen-times-trump-equated-travel-ban-muslim-ban

Nevertheless, the Supremes’ GOP majority “bought into” the patently (and demonstrably) bogus “national security” pretext, hook, line, and sinker:

Of the Supreme Court’s decision on Muslim ban 3.0, Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project, said, “This ruling will go down in history as one of the Supreme Court’s great failures. It repeats the mistakes of the Korematsu decision upholding Japanese-American imprisonment and swallows wholesale government lawyers’ flimsy national security excuse for the ban instead of taking seriously the president’s own explanation for his action.”

 

“It is ultimately the people of this country who will determine its character and future. The court failed today, and so the public is needed more than ever. We must make it crystal clear to our elected representatives: If you are not taking actions to rescind and dismantle Trump’s Muslim ban, you are not upholding this country’s most basic principles of freedom and equality.”

https://www.aclu-wa.org/pages/timeline-muslim-ban 

In doing so, the GOP Supremes’ associated themselves with a long line of racially biased pretexts used by courts to uphold invidious discrimination that violated our Constitution

  • Internment of Japanese-Americans (but not German-Americans) is about national security.
    • Truth: Dehumanize, punish, and dispossess Japanese Americans on the West Coast;
  • Poll taxes are about raising revenue.
    • Truth: Preventing African-Americans from voting;
  • Literacy tests (“grandfathering” ignorant White guys) are about insuring an informed electorate.
    • Truth: Excluding African-American voters;
  • Separate is equal.
    • Truth: Insuring that African-Americans will be educationally disadvantaged;
  • Voter ID laws are about election integrity.
    • Truth: Designed by a primarily White GOP ruling class to suppress African American, Latino, and other minority voters who tend to support Democrats;
  • Gerrymandering to favor the GOP can be solved through the political process.
    • Truth: Gerrymandering is intended by the GOP to rig the political process so that voters of color will never achieve political representation proportional to their numbers.

These are just a few of the obvious examples of how the “legal power structure” has often been on the “wrong side of history.” Sadly, it continues with today’s GOP Supremes’ majority which often embraces obvious pretexts and bogus “right wing legal gobbledygook” to systematically dump on vulnerable minorities and others whose political power and humanity they refuse to recognize.

Finally, to reinforce what Jeffrey and others have said, we have a legal obligation to protect refugees. Article 33 of the Convention to which we are party, now incorporated into the INA, is mandatory, not “optional” or “discretionary.” 

As I pointed out before, refugees more often than not arrive in times of international crisis and turmoil. “Tough times” or internal problems (in this case aggravated and magnified by a maliciously incompetent regime) are NOT a legal (not to mention moral) basis for us to jettison our legal obligation to offer them protection.

Had the Supremes courageously and unanimously stood up for the Constitution, rule of law, and simple human decency against the regime’s obvious lies, false narratives, overt racism, religious bigotry, and general disregard for the rule of law (now in full, foul bloom every day), the last four years might have been very different. Lives lost forever could have been saved. 

Folks, here we are, two decades into the 21st Century. Yet, we have a highly “un-representative” Supremes’ GOP majority that has willingly promoted the anti-democracy antics of, and carried water for, a patently corrupt White Nationalist regime seeking to “Dred Scottify” tens of millions of persons of color, religious minorities, and those “suspected” of not supporting the GOP.

Even if many would like to, this is not something that can simply be swept under the table (again). Failure of the Supremes majority to stand up for the individual rights and human dignity of all persons in America is something that will haunt us until it is fixed or we disappear as a nation!

Lousy judging has a huge cost for humanity and democracy. We need and deserve better from the highest levels of our privileged, yet too often ineffective and feckless in the face of tyranny, life-tenured judges!  

Better Judges for a Better, Fairer America.🇺🇸 Make Equal Justice Under Law ⚖️ A Reality Rather Than an Ongoing, Judicially-Enabled,  Charade! 

Due Process Forever!⚖️🗽🇺🇸

PWS

01-04-21

  

Related posts:

  1. 🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 
  2. 🏴‍☠️☠️⚰️🤮👎🏻THE TRUMP REGIME & A CORRUPT SOLICITOR GENERAL HAVE CONDUCTED A WAR OF ATTRITION AGAINST AMERICAN LAWYERS ON THE FRONT LINES OF THE BATTLE TO SAVE DEMOCRACY — John Roberts & His GOP Buddies On The Supremes Have Aided, Abetted, & Encouraged It! — Constant Improper & Ethically Questionable Interference With Thoughtful, Legally Correct Lower Court Rulings Holding The Regime Accountable Have Demoralized The Profession’s Best & Bravest! — The Answer Is Better Judges For A Better America!
  3. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  4. CRIME BLOTTER: CHILD ABUSE🤮☠️⚰️🦹🏿‍♀️: DOJ IG REPORT CONFIRMS WHAT COURTSIDE & OTHERS KNEW FROM THE START: Trump, Sessions, Miller, Rosenstein, Hamilton Are Cowards🐓, Lying 🤥 Criminals, Child Abusers🦹🏿‍♀️, Who Belong Behind Bars For Intentionally Abusing Asylum Seeking Families & Kids & Then Having Their Sleazy DOJ Lawyers Lie To Federal Judges! — What Happened To “Due Diligence” As An Ethical Requirement For Government Lawyers?

CORRUPT, CHILD ABUSING, RACIST IMMIGRATION BUREAUCRACY 🏴‍☠️☠️🤮⚰️👎🏻 MUST BE REPLACED WITH PROFESSIONAL WORKFORCE COMMITTED TO DUE PROCESS, RULE OF LAW, HUMAN DIGNITY! — “CRUELTY TO migrant children, a trademark of the Trump administration’s immigration policy, did not cease when officials reversed course in the face of public outrage two years ago and stopped wrenching toddlers, tweens and teens from their parents — with no plan or process to reunite them. It has continued apace under cover of the pandemic . . . .”

Trump Dumping Asylum Seekers in Hondiras
Dumping Asylum Seekers in Honduras
Artist: Monte Wolverton
Reproduced under license
Sheltering in Cages by John Darkow
“Sheltering in Cages” by John Darkow
Reproduced under license
Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license

From WashPost:

https://www.washingtonpost.com/opinions/a-federal-judge-halts-another-inhumane-trump-administration-practice-at-the-border/2020/11/22/d5795686-2b4d-11eb-8fa2-06e7cbb145c0_story.html

Opinion by the Editorial Board

November 22 at 12:59 PM ET

CRUELTY TO migrant children, a trademark of the Trump administration’s immigration policy, did not cease when officials reversed course in the face of public outrage two years ago and stopped wrenching toddlers, tweens and teens from their parents — with no plan or process to reunite them. It has continued apace under cover of the pandemic, which the White House has used as an all-purpose pretext for ignoring child-protection laws and diplomatic agreements governing asylum, and, without even a nod to due process, expelling unaccompanied children who cross the border seeking refuge.

A federal judge has now halted that practice even as he acknowledged the administration’s far-reaching powers in the midst of a public health emergency. Those powers are broad, U.S. District Judge Emmet G. Sullivan ruled, but do not enable the government to send minors packing without affording them a chance to have their asylum claims heard.

At least 13,000 children have been detained by Border Patrol officers and swiftly thrown out of the country under an emergency decree that has effectively sealed off the southern border to most migrants since the spring. Administration officials justified the measure in the name of protecting the country from a potential influx of migrants carrying the coronavirus — but performed no testing, and provided no data, to substantiate their stance.

Given infection rates in Mexico and Central America, it may be reasonable to assume that some migrants, including unaccompanied minors, might have contracted covid-19. It may also be the case, however, as the ACLU argued in court, that the practice of expelling young migrants actually exposes U.S. border authorities to more risk — in the course of holding them while flights are arranged to their home countries in Central America or elsewhere — than they would otherwise face if the migrants were placed in shelters that have the capacity to adopt social distancing and other precautions. Judge Sullivan, for his part, said the government had asserted its “scientific and technical expertise” to justify its policy of evicting young migrants — but provided none by way of actual evidence.

As it happens, it occurred to at least some administration officials, early on in the pandemic, that migrant children deserved some special consideration. When the policy of suspending asylum was first rolled out, children who crossed the border were exempted. That was quickly reversed, however, with a spokesman saying that minors would be returned to their countries of origin on a “case by case basis.” In the ensuing months, however, virtually all have been expelled.

Anti-trafficking and other laws provide for protections for unaccompanied minors who arrive in this country. The administration has seized on the pandemic to disregard those, along with other long-standing measures and practices that set procedures for migrants seeking refuge here. A more humane approach, in line with American traditions and values, would have established a process for testing and quarantining, at least for migrant children, as they pursued asylum claims. But humane policy is anathema to the Trump administration, and the result is thousands of children who have been subjected to unwarranted hardship and risk.

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

Remembers, the victims are largely dead, deported, or still suffering! The “perps” — including  the “Perp in Chief,” “Gruppenfuhrer Miller,” Jeff “Gonzo Apocalypto” Sessions, “Wolfman the Illegal,” and “Billy the Bigot” remain at large, even profiting from and bragging about their “crimes against humanity.” This is a “functioning democracy?” No way!

We’ve all been subjected to the disingenuous writings of pundits babbling on about the resilience of American democracy in the face of a fascist president and his corrupt anti-democracy party of cowards and enablers. Hogwash! 

Make no mistake about it, American democracy is on the ropes! Basically, we’re watching a corrupt President who lost the election by over 6 million votes and 74 electoral votes engage in systematic frivolous, abusive, baseless litigation intended to destroy our nation, undermine our national security, and disenfranchise voters. It’s a disgusting, overtly racist, dishonest performance that would have any other individual in America and his motley band of unethical lawyers in jail for contempt and conspiracy to obstruct justice! But, Trump and his cronies continue to operate outside the law!

We owe our existence as a nation less to any “structural integrity” and much more to a relatively few courageous, smart, highly motivated members of the resistance: immigration, human rights, and civil rights lawyers; African American women; non-right-wing journalists; Democratic legislators; scientists and medical professionals; a limited number of Federal Judges, mostly at the District Court and Immigration Court levels (and specifically excluding any current BIA Member, EOIR “Manager,” or Supreme Court Justice not named Sotomayor, Kagan, and (sort of) Breyer); courageous DACA kids; and some Federal Career Civil servants not working at ICE or CBP.

The “resilience of American institutions” view is largely that of a privileged minority who haven’t been deported to possible torture or death without any process at all (let alone “due” process), haven’t been illegally separated from beloved family members, aren’t rotting in private prisons (the “New American Gulag”) for the “crime” of seeking justice, aren’t struggling with unemployment or difficulty putting food on the table while Moscow Mitch and his elites focus on confirming unqualified Federal Judges, haven’t had family members shot by the police, haven’t had family members unnecessarily suffer and die because of the worst President in U.S. history’s maliciously incompetent failure to provide leadership and any systematic strategy for controlling a pandemic, and haven’t had to put their lives and professional reputations on the line in a failing Justice system that has enabled grotesque abuses by the likes of Jeff “Gonzo Apocalypto” Sessions, Billy the Bigot Barr, Noel Francisco, and the rest of their band of unethical Government lawyers.

The Biden Administration must do a thorough housecleaning of the corrupt DHS and DOJ bureaucracies that carried out the illegal, immoral, racist, White Nationalist agenda developed by neo-Nazi Stephen Miller and his cowardly gang of brownshirts!

And, as a nation, we need to think carefully about the implications of a life-tenured Supreme Court majority that, since their initial feckless performance on the “Muslim Ban” cases, time and time again failed to forcefully and unanimously stand up for our democracy, human decency, and those defending them in the face of overt, racism and hate driven, Executive tyranny! A Supremes’ majority that has disgracefully and spinelessly embraced the “Dred Scottification” of “the other” (mostly immigrants and those of color). It’s not rocket science! And some of our  “elite law schools” seemed to have forgotten to teach “Con Law 101” and “Basic Ethics” to aspiring right wing judges! 

It’s less about institutions than it is about the courageous individuals who uphold them! And, our future depends on the Biden-Harris Administration putting these folks “in the game” to insure that an unmitigated disaster like the Trump regime, it’s rampant illegality and inhumanity, and its “malicious incompetence” can never, ever, happen again! And, we must at least start the process of developing a better and more courageous Federal Judiciary for the future! 

Due Process Forever! Complicity in the face of tyranny, never!

PWS

11-23-20

Related posts:

  1. 🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 
  2. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  3. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻
  4. ⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”

👨🏽‍⚖️⚖️🗽🇺🇸U.S. DISTRICT JUDGE EMMET SULLIVAN STOMPS SLIMY SCOFFLAW’S SADISTICLY SHAMEFUL SYSTEMATIC ABUSE OF CHILD ASYLUM SEEKERS! — Neo-Fascist Regime’s Crimes Against Humanity 🏴‍☠️☠️⚰️🤮 Continue To Be Exposed!  — “[T]he government officials are not acting within the bounds set by Congress.” — So, what else is new from an openly neo-fascist regime and its enablers?

 

Trump Dumping Asylum Seekers in Hondiras
Dumping Asylum Seekers in Honduras
Artist: Monte Wolverton
Reproduced under license

https://www.google.com/url?q=https://www.huffpost.com/entry/trump-administration-stop-expelling-immigrant-children_n_5fb56f4fc5b66cd4ad41458d&source=gmail-imap&ust=1606361077000000&usg=AOvVaw0PogBByT3NJrg5NaNEVolz

Trump Administration Ordered To Stop Expelling Children Who Cross Border

At least 8,800 unaccompanied children have been expelled since March.

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Nomaan Merchant

HOUSTON (AP) — A federal judge on Wednesday ordered the Trump administration to stop expelling immigrant children who cross the southern border alone, halting a policy that has resulted in thousands of rapid deportations of minors during the coronavirus pandemic.

U.S. District Judge Emmet Sullivan issued a preliminary injunction sought by legal groups suing on behalf of children whom the government sought to expel before they could request asylum or other protections under federal law.

The Trump administration has expelled at least 8,800 unaccompanied children since March, when it issued an emergency declaration citing the coronavirus as grounds for barring most people crossing the border from remaining in the United States.

Border agents have forced many people to return to Mexico right away, while detaining others in holding facilities or hotels, sometimes for days or weeks. Meanwhile, government-funded facilities meant to hold children while they are placed with sponsors have thousands of unused beds.

Sullivan’s order bars only the expulsion of children who cross the border unaccompanied by a parent. The government has expelled nearly 200,000 people since March, including adults, and parents and children traveling together.

“This policy was sending thousands of young children back to danger without any hearing,” said Lee Gelernt, a lawyer for the American Civil Liberties Union. “Like so many other Trump administration policies, it was gratuitously cruel and unlawful.”

The Justice Department did not immediately say whether it would appeal. It has appealed another federal judge’s order barring the use of hotels to detain children.

The incoming administration of President-elect Joe Biden has not directly said whether it will keep trying to expel immigrants under public-health authority. Biden is expected to roll back several Trump administration policies restricting asylum as part of a broader shift on immigration.

. . . .

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

Read the complete article at the link.

Here’s a copy of Judge Sullivan’s decision:

https://drive.google.com/file/d/1rJqQFY-u1yrieSEwq4g8GaL3ocsp_TsW/view?usp=sharing

Hopefully, the Biden Administration will not only not only withdraw the large body of frivolous immigration and asylum litigation and bogus positions being pursued in bad faith by the regime, but also clean house at the DOJ, DHS, and deal with those at the CDC who have aided and abetted these outrageous illegal actions.

Due Process Forever! 

PWS

11-20-20

Related posts:

  1. CORRUPT, CHILD ABUSING, RACIST IMMIGRATION BUREAUCRACY 🏴‍☠️☠️🤮⚰️👎🏻 MUST BE REPLACED WITH PROFESSIONAL WORKFORCE COMMITTED TO DUE PROCESS, RULE OF LAW, HUMAN DIGNITY! — “CRUELTY TO migrant children, a trademark of the Trump administration’s immigration policy, did not cease when officials reversed course in the face of public outrage two years ago and stopped wrenching toddlers, tweens and teens from their parents — with no plan or process to reunite them. It has continued apace under cover of the pandemic . . . .”
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  4. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸

OUTLAW REGIME/COMPLICIT JUDGES/NATION WITHOUT SOUL: Nicaraguan Gov. Pulled Refugee’s Toenails Out: Trump, Miller, & Wolf, Aided By Roberts, Sent Her Back To For More Torture & Perhaps Death Without Any Process!

Star Chamber Justice
The U.S.Asylum System
As Redesigned By Trump, Miller, Wolfman, & Roberts

Kevin Sieff
Kevin Sieff
Latin America Correspondent
Washington Post

https://www.washingtonpost.com/world/the_americas/nicaragua-asylum-us-border/2020/08/27/9aaba414-e561-11ea-970a-64c73a1c2392_story.html

Kevin Sieff reports for WashPost:

She was one of the most recognizable activists in Nicaragua, protesting a government that has jailed and killed its opponents. Her photo ran in national newspapers; one called her the “face of the rebellion.” Her video of police firing at student protesters went viral. Her confrontations with the government were cited by the U.S. State Department.

Valeska Alemán, 22, paid a price for that notoriety. She was detained twice. Interrogators pried off her toenails. When she decided to leave the country, the United States seemed a natural destination: The Trump administration has been vocal in its opposition to Nicaragua’s crackdown — and its support of the country’s young protesters.

‘They took my humanity’: Pro-government paramilitaries terrorize Nicaraguan protesters

But by the time Alemán arrived at the U.S. border in July, the administration had launched a pandemic-era policy that sends Nicaraguans directly back to their country without letting them apply for asylum. Seventeen days after crossing into Texas, she was put on a plane back to Managua with more than 100 other Nicaraguans, almost all of them opponents of President Daniel Ortega.

Her backpack was full of documents to show U.S. immigration officials that the government appeared ready to kill her. The officials wouldn’t look at them. When she landed back in Nicaragua, it felt as if she was carrying a ticking bomb, proof that she was trying to flee and accuse the government of abuse.

“I thought, ‘Okay, so they’re going to throw me straight back in jail,’ ” Alemán said. “ ‘I’m going to be tortured all over again.’ ”

Another expelled asylum seeker, Moises Alberto Ortega Valdivia, 38, swallowed five pages of his asylum paperwork, panicked that Nicaraguan police would find it.

Since taking control in 2017, the Trump administration has narrowed the pool of people who qualify for asylum and sent tens of thousands of applicants back to Mexico to await their hearings from squalid tent camps and shelters.

In squalid Mexico tent city, asylum seekers are growing so desperate they’re sending their children over the border alone

During the coronavirus pandemic, the administration has gone further, effectively shutting the asylum system down. Most Central American applicants are simply escorted back to Mexico. But Nicaraguans — including political protesters to whom the United States has given rhetorical support — are flown back to the country they tried to escape.

The administration is using a public health order known as 42 U.S.C. that cites “the danger to the public health” of migrants to justify the asylum system’s closure. Mexico has agreed to accept Salvadorans, Guatemalans and Hondurans. Other nations, such as Cuba and Venezuela, have refused to accept chartered U.S. deportation flights of their own citizens.

The U.S. is putting asylum seekers on planes to Guatemala — often without telling them where they’re going

In the case of Nicaragua, the United States is sending asylum seekers back to a country the State Department describes as violently repressive.

“Throughout Nicaragua, armed and violent uniformed police or civilians in plain clothes acting as police (‘para-police’) continue to target anyone considered to be in opposition to the rule of President Ortega,” the department says in a travel warning. “The government and its affiliated armed groups have been reported to arbitrarily detain pro-democracy protestors, with credible claims of torture and disappearances.”

U.S. Customs and Border Protection did not respond to multiple requests for comment. In a statement, the State Department said it “condemns all forms of political oppression, especially that orchestrated by the corrupt Ortega regime.” But it would not comment on the expulsion of Nicaraguan asylum seekers.

Alemán traveled with a family of Nicaraguan asylum seekers to the Texas border. All were university graduates and students of international affairs. Before they left, they reviewed the asylum laws on a U.S. government website.

. . . .

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

Read the rest of Kevin’s article at the link.

Section 208 of the Immigration & Nationality Act says:

Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

Very clear. What happened to refugee Valeska Alemán and other asylum seekers at the hands of the Trump regime was totally illegal (not to mention immoral); essentially a “crime against humanity” for which Trump, Miller, Wolfman, and the other “perps” should be held accountable.

But, this is Trump’s America where a majority of the Roberts’ Court favors White Supremacy, racism, and crimes against humanity over the Constitutional, statutory, and human rights of people of color. It’s called “Dred Scottification.”  It’s a national and international disgrace that will stain our nation forever!

Think racial justice and equal justice in America will be achieved without a better Executive, throwing the GOP out of legislative power, and better Federal Judges? Guess again!

Due Process Forever!

PWS

08-28-30

Related posts:

  1. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  2. WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!
  3. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 
  4. THE SADNESS OF PROPHECY WITHOUT POWER: Two Years Ago, I Gave A Speech Warning Of The Consequences Of “1939 Germany” — Now, We’re In “Germany 1938” With 1939 Just An Election Away! — Moscow Mitch, Lindsey The Toad, Texas Ted & The Rest Of The GOP Fellow Travelers & Cultists Would Be Right At Home With Franz van Papen!

🏴‍☠️🤮👎🏻⚰️”PERP NATION” — Cowardly Regime Uses COVID-19 As Pretext For Grotesque Abuses Of Migrant Children, As Congress, Federal Courts Spinelessly Allow It To Happen! — “Crimes Against Humanity” Have Consequences For “Perp Nations!”

Lomi Kriel
Lomi Kriel
Immigration Reporter
Texas Tribune & Pro Publica

https://www.texastribune.org/2020/08/04/border-migrant-children-hotels/

Federal agents are expelling asylum seekers as young as 8 months from the border, citing COVID-19 risks

Thousands of migrant children have been expelled by the Trump administration since March. Some have been held in hotels without access to lawyers or family. Advocates say many are now “virtually impossible” to find.

BY LOMI KRIEL, THE TEXAS TRIBUNE AND PROPUBLICA AUG. 4, 20208 HOURS AGO

A teenage girl carrying her baby arrived at the U.S. border this summer and begged for help. She told federal agents that she feared returning to Guatemala. The man who raped her she said had threatened to make her “disappear.”

Then, advocates say, the child briefly vanished — into the custody of the U.S. government, which held her and her baby for days in a hotel with almost no outside contact before federal officers summarily expelled them from the country.

Similar actions have played out along the border for months under an emergency health order the Trump administration issued in March. Citing the threat of COVID-19, it granted federal agents sweeping powers to almost immediately return anyone at the border, including infants as young as 8 months. Children are typically entitled to special protections under the law, including the right to have their asylum claims adjudicated by a judge.

Under this new policy, the administration is not deporting children — a proceeding based on years of established law that requires a formal hearing in immigration court.

It is instead expelling them — without a judge’s ruling and after only a cursory government screening and no access to social workers or lawyers, sometimes not even their family, while in U.S. custody. The children are not even granted the primary registration number by which the Department of Homeland Security tracks all immigrants in its care, making it “virtually impossible” to find them, Efrén C. Olivares, a lawyer with the Texas Civil Rights Project, wrote in a court declaration arguing that the practice is illegal.

Little is known about how the process works, but published government figures suggest almost all children arriving at the border are being rapidly returned.

. . . .

A sense of deja vu

Thirty-five years ago, a 15-year-old Salvadoran girl fleeing a civil war in her homeland was also imprisoned in an American hotel under the care of unlicensed private security guards. Jenny Flores’ case forced the most significant overhaul yet of how U.S. authorities can detain migrant children. In fact, the 1997 federal settlement is named for her.

Carlos Holguín, who began litigating that case in 1985, said there is now a sense of “deja vu … but the degree of lawlessness is even beyond what was going on then.”

Since taking office, the Trump administration has tried to end the Flores Settlement, arguing that it and a 2008 trafficking law work as “loopholes” encouraging families to send children here alone. The government has attempted to undo the settlement through regulations and requested Congress curtail the Trafficking Victims Protection Reauthorization Act, which requires certain safeguards for children arriving alone at the border.

So far, both efforts have failed.

The administration tried separating parents and children at the border, but a federal judge largely ruled against the practice in 2018, allowing it only in narrow circumstances such as if the adult poses a danger.

U.S. District Judge Dolly Gee, who is in charge of the Flores Settlement, has determined the administration must quickly release children locked up with their parents in immigrant detention centers, most recently citing the risk of coronavirus spreading.

“The family residential centers are on fire and there is no more time for half measures,” she wrote in a June 26 order.

The government is now arguing it can force detained parents to choose between freeing their children or staying indefinitely imprisoned with them.

But none of the administration’s attempts to undo either the settlement or the law have been as effective as the expulsion order, which is “eviscerating every single protection mechanism outlined by Congress and the courts with one sweeping gesture,” said Podkul of KIND.

Late last month, the ACLU sued to allow its lawyers access to children detained in the McAllen Hampton Inn after a video went viral showing a Texas Civil Rights Project lawyer forcibly pushed away.

“The children are in imminent danger of unlawful removal,” the attorneys wrote.

Facing a public relations scandal, Hilton quickly announced that all three hotels had canceled reservations with MVM.

“We expect all Hilton properties to reject business that would use a hotel in this way,” a Hilton spokesperson said.

Government attorneys agreed to pause the expulsion of the migrants who they said remained in the McAllen hotel on the date of the lawsuit — once again, ACLU attorneys said, mooting litigation on the broader policy. A separate suit involving a 13-year-old Salvadoran girl who was expelled this summer is still pending in a Washington, D.C., federal court.

By the time the administration stopped the removal of the migrants detained at the Hampton Inn, most who had been held there had already been expelled or transferred elsewhere — some, advocates said, just before the ACLU filed its lawsuit. Only 17 family members, including one unaccompanied child, remained in that hotel.

What happened to the rest? No one would say.

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

Read the rest of the article at the link.

It might be “below the radar screen” during COVID-19. After all, that’s what criminals like the Trump kakistocracy and their DHS accomplices count on — a diversion so that they can abuse children and violate human rights and human dignity to the content of their evil, White Nationalist hearts.

But, eventually, the truth about the “crimes against humanity” by the regime’s cowards as well as the complicity of legislators, the Roberts Court, and a host of others will come out.

How will we explain to future generations what we have done to our fellow humans, particularly the most vulnerable who have sought our legal protection and found only cruelty, racism, and lawlessness? How will we justify racist-driven institutionalized child abuse and “Dred Scottification” of  “the other” on our watch? We have become “Perp Nation!”

Due Process Forever!

PWS

08-05-20

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🏴‍☠️THE PLAGUE STATES OF AMERICA: Where ☠️ Plague, Stupidity, & Inhumanity Rule, & Your U.S. Passport Is Largely Worthless (Except, If You Are A Person of Color To, Perhaps, Protect You From “Expedited Removal” By ICE & Trump’s Complicit Supremes)! — Welcome To The “Trump Hotel California!”🤮

 

Last thing I remember

I was running for the door

I had to find the passage back

To the place I was before

“Relax”, said the night man

“We are programmed to receive

You can check out any time you like

But you can never leave”

—— From “Hotel California” by The Eagles

Source: LyricFind

Songwriters: Glenn Lewis Frey / Don Felder / Donald Hugh Henley

Hotel California lyrics © Universal Music Publishing Group, BMG Rights Management

Full Lyrics & Music here:  https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjZqsKZpcXqAhU0oXIEHaegAiQQwqsBMAp6BAgLEAQ&url=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DvcmjDPDOk7c&usg=AOvVaw3ay3l2d6R_UlBVOg1k6Fnz

https://medium.com/@indica/the-plague-states-of-america-53b20678a80e?source=email-dafc55faa6fd-1594452458433-digest.reader——0-50——————1f52bfff_711d_4def_918f_7e9b8eddea74-1-1b0c1765_594d_4c73_8665_f93e3a786b9f—-&sectionName=top

American Passports Are Worthless Now (Map)

Oh the places you can’t go

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Indi Samarajiva

Follow

America is not united anymore and it’s barely a state. They have crashed right through failed state into a plague state, unwelcome across the world. This has been predicted, including here. Now it has come to pass. Just look at the map.

Americans have gone from having access to most of the world to being banned from most of it. Today, Americans are only allowed in a few Caribbean islands and the Balkans. An American passport is now worthless. Worse than worthless, it’s a plague.

In the absence of a humane government, America is now ruled by COVID-19. Welcome to the Plague States of America.

It’s too late

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<img alt=”Image for post” class=”s t u hk ai” src=”https://miro.medium.com/max/6800/1*EoSrvKpq71W0jTbJCKmBfw.png” width=”3400″ height=”2400″ srcSet=”https://miro.medium.com/max/552/1*EoSrvKpq71W0jTbJCKmBfw.png 276w, https://miro.medium.com/max/1104/1*EoSrvKpq71W0jTbJCKmBfw.png 552w, https://miro.medium.com/max/1280/1*EoSrvKpq71W0jTbJCKmBfw.png 640w, https://miro.medium.com/max/1400/1*EoSrvKpq71W0jTbJCKmBfw.png 700w” sizes=”700px”/>

Only America has self-inflicted a second wave

I think it is difficult for Americans to understand that they are, to use an epidemiological term, completely fucked. COVID-19 could have been managed in January, or February, or even now, but not a full year later, in January 2021. Given than you need a functioning government to manage this pandemic, that’s the soonest Americans can get one.

It’s far too late.

The most reliable projections are saying 200,000 dead and 50 million infected by election day in November. Even these projections struggle to account for completely irrational federal actions like denigrating masks, pushing to reopen early, and pushing students back into schools. This is not the absence of public health, this is its opposite.

It is, in effect, governance by COVID-19. Not a failed state. A plague state.

Even after election day, Donald Trump will still be in power for nearly 3 months, until January 20th. Besides impeaching a dead-duck President, there’s nothing America can do but wait, while COVID-19 grows ever stronger. Grows completely out of control. In a pandemic, days matter, hours matter. A year is entirely too late.

America will be lucky to exit this pandemic with less than a million dead and 100 million infected. The living will be lucky to exit their country within the next five years.

The worthless passport

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<img alt=”Image for post” class=”s t u hk ai” src=”https://miro.medium.com/max/3200/1*dcgKqItSATd-t8a1R42Sbw.jpeg” width=”1600″ height=”1137″ srcSet=”https://miro.medium.com/max/552/1*dcgKqItSATd-t8a1R42Sbw.jpeg 276w, https://miro.medium.com/max/1104/1*dcgKqItSATd-t8a1R42Sbw.jpeg 552w, https://miro.medium.com/max/1280/1*dcgKqItSATd-t8a1R42Sbw.jpeg 640w, https://miro.medium.com/max/1400/1*dcgKqItSATd-t8a1R42Sbw.jpeg 700w” sizes=”700px”/>

Welcome to the club. Post-colonial bullshit and racism have made my Sri Lankan passport worthless for years. Now the American passport is worse. America has crashed straight through the third world into the fourth.

Here is a list, in total, of all the places Americans can go. Most of them are small Caribbean islands.

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<img alt=”Image for post” class=”s t u hk ai” src=”https://miro.medium.com/max/3200/1*ddImUOx1j0smBVcsVeqbPg.png” width=”1600″ height=”1022″ srcSet=”https://miro.medium.com/max/552/1*ddImUOx1j0smBVcsVeqbPg.png 276w, https://miro.medium.com/max/1104/1*ddImUOx1j0smBVcsVeqbPg.png 552w, https://miro.medium.com/max/1280/1*ddImUOx1j0smBVcsVeqbPg.png 640w, https://miro.medium.com/max/1400/1*ddImUOx1j0smBVcsVeqbPg.png 700w” sizes=”700px”/>

ALL THE PLACES YOU CAN GO

1. Albania              |  15. Lebanon

2. Antigua and Barbuda  |  16. Maldives

3. Aruba                |  17. Mexico

4. The Bahamas          |  18. North Macedonia

5. Barbados             |  19. St. Lucia

6. Belize               |  20. St. Maarten

7. Bermuda              |  21. St. Vincent &

8. Croatia              |  22. Serbia

9. Dominican Republic   |  23. Tanzania

10. Ecuador*            |  24. Turkey

11. French Polynesia    |  25. Turks &

12. Ireland*            |  26. Ukraine

13. Jamaica             |  27. UAE*

14. Kosovo              |  28. UK*

*14 day quarantine required, not included in map.

American now have access to exactly two dozen states, four more (*) if they want to endure a 14-day quarantine on the end. Americans have gone from world power to getting the side-eye from Ecuador in a matter of months. Right now Americans are only really welcome on remote islands or at corralled resorts in Mexico, where they can be isolated from everyone else.

It’s not that other nations don’t want to welcome Americans, they just can’t. The point of a passport is that a sovereign power vouches for its bearer, but America can’t vouch for the health of their citizens at all. America’s public health regime is far less trustworthy than Liberia’s (which is actually quite good). Its sovereign is mad.

At the same time, you can’t trust Americans. Americans have poor hygiene (low masking rate) and at least 40% of the population can’t be trusted to even believe that COVID-19 exists, let alone to take it seriously. They’re likely to refuse testing, not report symptoms, break quarantine, and generally follow rules. Americans have a toxic combination of ignorance and arrogance that makes them unwelcome travelers.

They have a lot of problems, and they’re bringing those problems with them. Some of them, I assume, are good people, but it doesn’t matter. It’s a plague passport. Return to sender.

The Plague States

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<img alt=”Image for post” class=”s t u hk ai” src=”https://miro.medium.com/max/4000/1*weJ8xV5Wt2kCaKGnLXj4Hg.png” width=”2000″ height=”1149″ srcSet=”https://miro.medium.com/max/552/1*weJ8xV5Wt2kCaKGnLXj4Hg.png 276w, https://miro.medium.com/max/1104/1*weJ8xV5Wt2kCaKGnLXj4Hg.png 552w, https://miro.medium.com/max/1280/1*weJ8xV5Wt2kCaKGnLXj4Hg.png 640w, https://miro.medium.com/max/1400/1*weJ8xV5Wt2kCaKGnLXj4Hg.png 700w” sizes=”700px”/>

That’s the near future of the United States. An epidemic that spreads largely unchecked until next year. A population to unprotected and ignorant to be allowed anywhere else. A world that largely suppresses the virus — from Mongolia to Ghana to Trinidad & Tobago — but which has to keep America in isolation.

In the end, Trump did what he said. He built a wall around America and made the world pay for it. He just never told Americans that they’d be stuck inside. Welcome to the Plague States of America. You can check out, but you can never leave.

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

Check out the map accompanying the original article at the above link.

This November, vote like your life depends on it. Because it does!

PWS

07-11-20

Related posts:

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  3. 🏴‍☠️☠️🤮⚰️👎KAKISTOCRACY KORNER: SPOTLIGHT ON AMERICA’S MOST DANGEROUS HATE GROUP: THE RNC!
  4. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!

ACLU SUES TO STOP REGIME’S BOGUS USE OF COVID-19 AS PRETEXT FOR ELIMINATING ASYLUM PROTECTIONS – Suit Tests Federal Courts’ Willingness To Stand Up to White Nationalist Regime’s Institutionalized Racism That Continually Invokes Pandemic As Transparently False Justification For Abrogation of Constitutional & Statutory Rights Disproportionately Affecting Those With Brown Skins!

Michelle Hackman
Michelle Hackman
Immigration Reporter
Wall Street Journal

Michelle Hackman reports for the WSJ:

 

WASHINGTON—The Trump administration, which has used the coronavirus health emergency to expel migrants at the border without allowing them to apply for asylum, faces its first court challenge over the practice in a lawsuit filed on behalf of a 16-year-old boy.

Since President Trump declared a public-health emergency in March, immigration agents have turned back nearly all migrants, including children, at the border without providing a chance to file asylum claims. The government invoked a 1944 public-health law allowing it to expel any noncitizen who poses a threat of spreading disease during an emergency. It extended that provision indefinitely in May.

The new process overrides immigration laws that allow any foreigner on American soil with a credible fear of persecution to apply for asylum, and laws prohibiting migrant children from being deported.

The lawsuit was filed in the district court in Washington by the American Civil Liberties Union on behalf of a 16-year-old boy from Honduras, known only by his initials J.B.B.C. He crossed the border in early June to join his father, who is living in the U.S. and awaiting his own immigration case to be heard, after fleeing what the suit described as “severe persecution” in his home country.

Under the typical process, border agents would have turned over the child to the Department of Health and Human Services, which runs a network of migrant shelters for children across the country and seeks to find them suitable guardians. Instead, border agents detained the boy in El Paso, Texas, and plan to deport him imminently, in accordance with the public-health emergency process.

Late Tuesday evening, Judge Emmet G. Sullivan granted J.B.B.C. a temporary restraining order, ordering the government not to deport him through at least Wednesday at midnight.

The White House and the Department of Homeland Security didn’t immediately respond to requests for comment.

The lawsuit’s supporters acknowledge that the suit is a gamble. If a federal judge rules that immigration laws can be bypassed during an emergency—a novel application of the public-health law—the government would gain broad new authority. But not suing, they say, could allow deportations without due process to continue.

“If the courts don’t step in, the Trump administration will continue to indefinitely strip refugees of the right to seek asylum,” said Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.

. . . .

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

Read the rest of Michelle’s article at the link.

The name of the use is J.B.B.C. v. Wolf.

So far, in showing no genuine concern for human rights, the rule of law, or overt racism in major non-legislative eradications of asylum, refugee, and immigration protections by a scofflaw Administration, which has made only cosmetic efforts to disguise its racist immigration agenda, a Supremes’ majority has sent a strong chilling signal to lower Federal Judges willing to stand up for racial justice, equal justice before the law, and Executive accountability. Will  the Trump regime continue to literally “get away with attempted (or actual) murder” of children and other asylum applicants? How far does the Supremes’ majority’s resolve not to give Black and Brown lives and rights their deserved legal protections, and to fold in the face of Trump’s racist bullying, extend?

Due Process Forever! Complicit Courts Never!

This November, vote like your life depends ons it! Because it does!

 

PWS

06-10-20

 

 

 

 

 

Related posts:

  1. COURTSIDE HAS BEEN AT THE FOREFRONT OF EXPOSING THE “CRIMES AGAINST HUMANITY” COMMITTED BY THE REGIME AND THE MORAL CULPABILITY OF THOSE WHO WILLFULLY CARRY OUT & ENABLE THESE ATROCITIES — The “Mainstream Media” Is Now Channeling Courtside! — “In the meantime, no government has the right to treat people with such abject inhumanity. History will remember Trump for this, but it will also remember the people who enable such atrocious acts.”
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CLOSE ‘EM DOWN, ALREADY! — ROUND TABLE JOINS 70+ OTHER NGOs CALLING FOR IMMEDIATE CLOSURE OF ALL IMMIGRATION COURTS!

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)
Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Retired Immigration Judges
Knjightess
Knightess of the Round Table
Hon. A. Ashlley Tabaddor
Hon. A. Ashley Tabaddor
President, National
Association of Immigration Judges (“NAIJ”)
Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA
Fanny Behar-Ostrow-Ostrow
Fanny Behar-Ostrow ESQ
Assistant Chief Counsel, DHS
President AFGE Local 511

From Dan Kowalski over @ LexisNexis Immigration Community:

More than 70 Organizations Call on DOJ to Immediately Close All Immigration Courts During the COVID-19 Pandemic

AILA Doc. No. 20032630 | Dated March 26, 2020 | File Size: 596 K

DOWNLOAD THE DOCUMENT

On March 26, 2020, more than 70 organizations joined AILA, the National Association of Immigration Judges (NAIJ), and the ICE Professionals Union, to call on the Department of Justice to immediately close all immigration courts during the COVID-19 pandemic.

Cite as AILA Doc. No. 20032630.

Related Resources

·         Resource Center: 2019 Novel Coronavirus (COVID-19)

·         Immigration Judges, Prosecutors, and Attorneys Call for the Nationwide Closure of All Immigration Courts

·         Press Call: Immigration Judges and Attorneys Joined by Public Health Experts Call for Additional Protective Measures Amid COVID-19 Outbreak

 

March 26, 2020

The Honorable William P. Barr Attorney General

U.S. Department of Justice

James McHenry

Director

Executive Office for Immigration Review

Submitted via email

RE: THE DOJ MUST IMMEDIATELY CLOSE ALL IMMIGRATION COURTS DURING THE COVID-19 PANDEMIC

Dear Attorney General Barr and Director McHenry,

Following previous calls by the National Association of Immigration Judges (NAIJ), the American Federation of Government Employees (AFGE) Local 511 (ICE Professionals Union), and the American Immigration Lawyers Association (AILA) for the temporary closure of all immigration courts, we, the undersigned international, national, state, and local immigration, civil rights, faith- based, government accountability, and labor organizations urge the U.S. Department of Justice (DOJ) to immediately close all 68 Immigration Courts operated by the Executive Office for Immigration Review (EOIR) in adherence with current public health protocols regarding the COVID-19 virus.

On the evening of March 17, EOIR postponed all non-detained hearings and recently postponed all of the Migrant Protection Protocol hearings (MPP) scheduled through April 22, 2020. However, more aggressive action is needed. While these policies are a step in the right direction, they fall far short of the required action called for by this pandemic emergency. The detained courts must also be closed to in-person hearings in order to minimize the spread of the virus, slow the rate of new infections, and to avoid overwhelming local resources.

Given the particular vulnerability of respondents in detained settings, the use of telework, which has been advocated by the Administration, can and should be quickly put in place. Immigration Judges stand ready and able to work to ensure priority matters, including detained bond matters, are addressed using technological tools. DOJ should permit all detained respondents to immediately receive telephonic bond redetermination hearings with teleworking judges and allow supporting documents to be faxed and emailed to a designated point of contact. When possible, ICE OPLA should stipulate to bond in written motions so it is not necessary to hold hearings.

The urgency for immediate, decisive action in this matter cannot be overstated. Every link in the chain that brings individuals to the court – from the use of public transportation, to security lines, crowded elevators, cramped cubicle spaces of court staff, packed waiting room facilities in the courthouses, and inadequate sanitizing resources at the courts – place lives at risk.

      AILA Doc. No. 20032630. (Posted 3/26/20)

 Every state and the District of Columbia have declared a state of emergency giving government leaders the opportunity to implement bold and unprecedented measures to slow and eventually

 eliminate the spread of the virus. Some officials are releasing prisoners, allowing them to shelter in place at home. Cities, county, and state governments have moved swiftly to implement stay at home orders to ensure the protection of community members from this highly communicable virus. These measures include the scaling back of mass transit conveyances to most urban centers where the immigration courts are located, creating significant logistical problems for anyone needing to access the courts. On March 21, the Department of Homeland Security (DHS) announced that it

  will now require all legal visitors to provide and wear personal protective equipment (PPE) (disposable vinyl gloves, N-95 or surgical masks, and eye protection) in order to enter any

 detention facility, despite the nationwide shortage of PPE.

 Yet EOIR continues to operate courts in a business-as-usual manner, placing court personnel,

 litigants, and all community members in harm’s way. To make matters worse, DOJ and EOIR decision-making has been opaque, with inadequate information being released, causing confusion

 and leading to litigants showing up at hearings that are cancelled without notice.

 DOJ’s current response to the COVID-19 pandemic and its spread is frighteningly disconnected from the realities of our communities, and the advice of local leaders and scientific experts. DOJ must immediately implement the temporary closure all immigration courts. Failing to take this action now will exacerbate a once-in-a-century public health crisis and lead to a greater loss

 of life.

If you have any questions, please do not hesitate to contact Laura Lynch, Senior Policy Counsel, AILA (llynch@aila.org), Judge Ashley Tabaddor, President, NAIJ (ashleytabaddor@gmail.com), or Fanny Behar-Ostrow, President, AFGE Local 511 (fbehar1@gmail.com).

Sincerely,

Fanny Behar-Ostrow-Ostrow
Fanny Behar-Ostrow ESQ
Assistant Chief Counsel, DHS
President AFGE Local 511

Advocates for Basic Legal Equality, Inc.

America’s Voice

American Federation of Government Employees (AFGE) Local 511 American Immigration Council

American Immigration Lawyers Association (AILA)

Americans for Immigrant Justice, Inc.

Amnesty International USA

Arizona Coalition to End Sexual and Domestic Violence

Asian Pacific American Labor Alliance, AFL-CIO

Asian Pacific Institute on Gender-Based Violence

ASISTA

Association of Deportation Defense Attorneys, Inc.

Ayuda

Capital Area Immigrants’ Rights (CAIR) Coalition

Catholic Legal Immigration Network, Inc.

Center for Gender & Refugee Studies

   AILA Doc. No. 20032630. (Posted 3/26/20)

Center for Victims of Torture

Central American Resource Center

Coalition for Humane Immigrant Rights (CHIRLA)

Congregation of Our Lady of Charity of the Good Shepherd, U.S. Provinces End Domestic Abuse Wisconsin

Evangelical Lutheran Church in America

Federal Bar Association Immigration Law Section

*Disclaimer, this is the position of the Immigration Law Section and not the Federal Bar Association as a

whole.

Freedom Network USA

Government Accountability Project

Her Justice

HIAS

Human Rights First

Human Rights Initiative of North Texas

Illinois Coalition Against Domestic Violence

Immigrant Families Together

Immigration Equality

International Federation of Professional and Technical Engineers International Rescue Committee

InterReligious Task Force on Central America

Just Neighbors

Justice for Our Neighbors-Michigan

Las America’s Immigrant Advocacy Center

Latin America Working Group

Leadership Conference of Women Religious

League of United Latin American Citizens

Legal Aid Justice Center

Montana Coalition Against Domestic and Sexual Violence National Advocacy Center of the Sisters of the Good Shepherd National Association of Immigration Judges

National Council of Jewish Women

National Justice for Our Neighbors

National Latina Institute for Reproductive Justice

Nebraska Coalition to End Sexual and Domestic Violence Neighbors Immigration Clinic

NETWORK Lobby for Catholic Social Justice

New York Immigration Coalition

New York Justice for Our Neighbors

Northern Illinois Justice for Our Neighbors

Ohio Immigrant Alliance

Pax Christi USA

Restoration Immigration Legal Aid

Rian Immigrant Center

Round Table of Former Immigration Judges

Santa Fe Dreamers Project

Sisters of Mercy of the Americas Justice Team

AILA Doc. No. 20032630. (Posted 3/26/20)

South Texas Human Rights Center

Tennessee Justice for Our Neighbors

The Florence Immigrant & Refugee Rights Project

The Leadership Conference on Civil and Human Rights

Ujima Inc: The National Center on Violence Against Women in the Black Community Vermont Network Against Domestic and Sexual Violence

Virginia Coalition for Immigrant Rights

Virginia Coalition of Latino Organizations

Virginia Interfaith Center for Public Policy

Washington Office on Latin America

Washington State Coalition Against Domestic Violence

Wellspring United Church of Christ

Young Center for Immigrant Children’s Rights

AILA Doc. No. 20032630. (Posted 3/26/20)

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

Pretty disturbingly graphic example of how little EOIR & the DOJ care about the health, safety, and welfare of their own employees, let alone the public they have long ceased serving!

Also appreciate the courageous leadership of AFGE Local 511 President and DHS Assistant Chief Counsel Fanny Behar-Ostrow in joining the effort to end the regime’s reckless insanity. An “Honorary Member” of the NDPA to be sure! Folks like Fanny, Ashley, Laura, Jeff, and Dan are among America’s unsung heroes! Thanks for all you do!

Due Process Forever! Political “Courts” Endangering Public Welfare & Safety, Never!

PWS

03-26-20

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  3. LAURA LYNCH @ AILA REPORTS: 1) NAIJ Takes Unprecedented Step Of Filing Amicus Brief In Pending USDC Litigation On Immigration Courts; 2) The Dangerous Clown Show 🤡 Continues At EOIR! ☠️⚰️
  4. INSANITY ALWAYS ON THE DOCKET @ EOIR: Court Cleaners In Hazmat Suits Add To The “Clown Court” 🤡 Atmosphere — But, Those Forced To Risk Their Lives ☠️ To Keep The Deportation Railroad 🚂 Rolling Aren’t Laughing 😰!

STUPIDITY ISN’T JUST FOR THE YOUNG: IT’S ENDEMIC IN THE GOP: Sen. Ron Johnson (R-WI) 🤡🤡🤡🤡 Is Just The Latest To Demonstrate Why Throwing The GOP Out Of Office At All Levels Must Be Our Highest National Priority!

Caroline Kelly
Caroline Kelly
Politics Reporter
CNN

https://apple.news/AVg2viCFHQWG9XWU6P3SXfg

Caroline Kelly reports for CNN:

Republican Sen. Ron Johnson cast doubt on the severity of federally issued guidance aimed at staunching the spread of the novel coronavirus, urging people to consider the economic drawbacks of the recommendations as health officials plead with the American public to heed them.

“I’m not denying what a nasty disease COVID-19 can be, and how it’s obviously devastating to somewhere between 1 and 3.4 percent of the population,” Johnson, a Wisconsin Republican, told the Milwaukee Journal Sentinel on Tuesday. “But that means 97 to 99 percent will get through this and develop immunities and will be able to move beyond this.”

“But we don’t shut down our economy because tens of thousands of people die on the highways. It’s a risk we accept so we can move about,” Johnson continued, in apparent reference to recent guidance issued at the federal and state levels for people to avoid large groups and stay away from bars, restaurants and other businesses to help blunt the spread of coronavirus. “We don’t shut down our economies because tens of thousands of people die from the common flu.”

The Centers for Disease Control and Prevention has urged Americans to practice social distancing, and the White House on Monday issued guidelines that all Americans avoid gathering in groups of more than 10, avoid non-essential travel and that urged older people to stay at home.

The recommendations — which come as the coronavirus continues to take hold in the US with at least 8,525 cases and 145 deaths as of Wednesday night — has caused some states and cities to implement drastic regulations on businesses. But the death toll from the virus, the nation’s top infectious disease expert has warned, depends on how seriously Americans commit to the actions necessary to curb the outbreak.

Johnson said that he was not discrediting those restrictions, but said they were disproportionate to the virus’ actual threat.

“I really don’t want to say that” efforts to contain the virus have gone too far, Johnson said. “It may be exactly what we need to do. But again, what I do want to do is put this all in perspective as we move forward here.”

. . . .

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

Read the rest of Caroline’s article at the above link.

Hey Ron, 1% of the U.S. population would only be 3.3 million. 3.4% would be around 11.2 million. But, who cares about little stats like that?

And, Ronnie, my man, here’s what experts say could happen in the U.S. if others do as you suggest and put short-term economic considerations over public health:

Between 160 million and 214 million people in the United States could be infected over the course of the epidemic, according to a projection that encompasses the range of the four scenarios. That could last months or even over a year, with infections concentrated in shorter periods, staggered across time in different communities, experts said. As many as 200,000 to 1.7 million people could die.

And, the calculations based on the C.D.C.’s scenarios suggested, 2.4 million to 21 million people in the United States could require hospitalization, potentially crushing the nation’s medical system, which has only about 925,000 staffed hospital beds. Fewer than a tenth of those are for people who are critically ill.

The assumptions fueling those scenarios are mitigated by the fact that cities, states, businesses and individuals are beginning to take steps to slow transmission, even if some are acting less aggressively than others. The C.D.C.-led effort is developing more sophisticated models showing how interventions might decrease the worst-case numbers, though their projections have not been made public.

https://www.nytimes.com/2020/03/13/us/coronavirus-deaths-estimate.html?referringSource=articleShare

200,000 to 2.1 million dead! While those might be “little numbers“ to you, Ronnie, I’m guessing they will seem rather serious to the families of those who needlessly die! Could cause quite a stench if all of those bodies were piled up at your door! Perhaps taking an “economic hit” that is more or less inevitable in the time of worldwide pandemic anyway is better than running the risk of killing hundreds of thousands to millions, something that appears to have gone over Ronnie’s head.

Scary as the image might be, Johnson actually would be more at home with the young idiots partying down on Clearwater Beach. The thought of him as a legislator is positively terrifying.

Unfortunately, Wisconsin voters won’t be able to oust this fool they have inflicted on America until 2022. But, the rest of us could be saving our country and our lives if we get rid of Mitch and the GOP wrecking crew in November! That would consign Ron and others like him to the “back benches” where they could do less damage to our nation until the time comes when they can be voted out of office.

“Four Clowns” for you, Ronnie!🤡🤡🤡🤡

Vote ‘Em Out!

PWS

03-19-20 

PW

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

UPDATE FROM THE GUARDIAN: FAUCI RIPS JOHNSON FOR DANGEROUS STUPIDITY:

Dr Anthony Fauci criticized senator Ron Johnson for downplaying the threat of coronavirus and questioning the drastic government response to it.

“I’m not denying what a nasty disease COVID-19 can be, and how it’s obviously devastating to somewhere between 1 and 3.4 percent of the population,” Johnson saidearlier this week.

“But that means 97 to 99 percent will get through this and develop immunities and will be able to move beyond this. But we don’t shut down our economy because tens of thousands of people die on the highways.

Fauci said it was a “false equivalency to compare traffic accidents” to coronavirus and emphasized a drastic response was necessary when a new and dangerously contagious virus was uncovered.

Last Updated: 13:05 Friday, 20 March 2020

29m ago

 

 

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