SEN. KIRSTEN GILLIBRAND (D-NY) INTRODUCES BILL TO PROVIDE ATTORNEYS FOR ASYUM SEEKERS – Other Dems Sign On

https://apple.news/AgrY1IyNUTySuACBpvrL_aQ

Veronica Stracqualursi
Veronica Stracqualursi
Politics Reporter
CNN
Kirsten Gillibrand
Sen. Kirsten Gillibrand
D-NY

Sen. Kirsten Gillibrand introduces new legislation that would provide asylum seekers with attorney

Veronica Stracqualursi

CNN

Updated 2:18 PM EDT August 2, 2019
Washington

2020 Democratic presidential candidate and New York Sen. Kirsten Gillibrandintroduced a bill Wednesday that would provide immigrants with an attorney as they seek asylum or other legal protections in the US as the Trump administration has been dramatically limiting the ability of Central American migrants to claim asylum.

Immigrants, for example, have the right to counsel and may hire a lawyer themselves, but unlike in the criminal justice system, representation is not guaranteed.

Under Gillibrand’s proposed bill, legal counsel would be required for eligible groups facing removal proceedings — including children, individuals with disabilities, victims of abuse, torture, and violence, and individuals at or below 200% of the federal poverty level.

The Funding Attorneys for Indigent Removal (FAIR) Proceedings Act “would ensure that some of the most vulnerable individuals in this process can be represented by an attorney,” Gillibrand said in a statement Friday.

“This would not only guarantee a more humane way to process asylum claims and other legal protections, but it would improve the efficiency of our immigration courts and help our country do a much better job of managing our immigration system,” Gillibrand said.

She accused the Trump administration of being “far too willing to fast-track deportation cases even when people have credible claims to asylum.”

Democratic Reps. Donald McEachin from Virginia and Zoe Lofgren from California have introduced a House companion to Gillibrand’s bill. Sens. Cory Booker and Bernie Sanders, two other 2020 Democratic presidential hopefuls, and Richard Blumenthal have also signed onto the Senate bill as co-sponsors.

The Trump administration has worked to limit immigration and toughen the US asylum process amid overcrowded conditions at border facilities and a spike in apprehensions at the US-Mexico border over the recent months.

Last month, the departments of Justice and Homeland Security also rolled out an interim rule that would prohibit migrants who have resided or “transited en route” in a third country from seeking asylum in the US, therefore barring migrants from Central America traveling through Mexico from being able to claim asylum and as a result, drastically limiting who’s eligible for asylum.

A federal judge blocked the asylum rulefrom going into effect, deeming it “likely invalid because it is inconsistent with the existing asylum laws.”

The Trump administration also moved to expanda procedure to speed up deportations to include undocumented immigrants anywhere in the US who cannot prove they’ve lived in the country continuously for two years or more.

The notice, filed in the Federal Register on July 22, casts a wider net of undocumented immigrants subject to the fast-track deportation procedure known as “expedited removal” which allows immigration authorities to remove an individual without a hearing before an immigration judge. The American Civil Liberties Union has said it will sue to block the policy.

© 2019 Cable News Network, Inc. A WarnerMedia Company. All Rights Reserved.

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Competent lawyers have been beating the Trump Administration like a drum on immigration issues. That’s why corrupt officials like Trump, Barr, Miller, “Big Mac With Lies,” and “Cooch Cooch” are so desperate to railroad asylum applicants out of the country while unlawfully denying them access to even the limited number of pro bono lawyers available under current law.

The Federal Courts have also “tanked” on their constitutional duty to insure Due Process by requiring appointed counsel in immigration cases, something that should make the entire Article III judiciary hang their collective heads in shame. The Federal Courts have also been “asleep at the switch” by allowing the Trump Administration to use inhumane coercive detention in obscure places and other gimmicks intentionally designed to defeat asylum applicants’ right to counsel of their own choosing.

 

PWS

08-03-19

[BUREAU] ‘CRATS CONTINUE TO FLEE SINKING DHS SHIP AS ABUSES, LIES, COVER-UPS MOUNT — John Sanders Latest To Exit — Trump Taps Mark Morgan, Eager Architect Of Administration’s Temporarily Aborted “Community Reign of Terror” (A/K/A/ “Operation Wetback ‘19”) Program As Next Acting CBP Chief — Expect More Mindless Cruelty, Lies, False Narratives, White Nationalist Racism, Violations Of Law & Human Rights!

https://www.cnn.com/2019/06/25/politics/customs-and-border-protection-john-sanders/index.html

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Geneva Sands
CNN Digital Expansion 2019, Geneva Sands

Priscilla Alvarez and Geneva Sands report for CNN:

Washington (CNN)Acting Customs and Border Protection Commissioner John Sanders is resigning, he said in a message sent to agency employees Tuesday, amid the dramatic increase in the number of undocumented migrants crossing the border, a fight over how to address it and controversy over how children are being treated.

“Although I will leave it to you to determine whether I was successful, I can unequivocally say that helping support the amazing men and women of CBP has been the most fulfilling and satisfying opportunity of my career,” Sanders writes. His resignation is effective July 5.

Acting Immigration and Customs Enforcement Director Mark Morgan is expected to take over as Customs and Border Protection in an acting capacity, according to a Department of Homeland Security official. Sanders’s resignation as acting head of CBP comes amid a crush of migrants at the border that has overwhelmed facilities. Earlier Tuesday, CBP held a call with reporters on squalid conditions at a Border Patrol facility in Clint, Texas.

Officials conceded that children should not be held in CBP custody, noting that the agency’s facilities were designed decades ago to largely accommodate single adults for a short period of time.

The Washington Post first reported Morgan’s move.

Over the weekend, President Donald Trump called off planned raids by US Immigration and Customs Enforcement, saying deportations would proceed unless Congress finds a solution on the US-Mexico border within two weeks. Before it was postponed, Mark Morgan had publicly confirmed an operation targeting migrant families and others with court-ordered removals was in the works.

Morgan, a vocal proponent of the President’s efforts, was another of Trump’s picks to lead ICE after abruptly pulling the nomination of Ron Vitiello.

Morgan briefly served as Border Patrol chief during the Obama administration before leaving the post in January 2017. He previously spent two decades at the FBI. He is expected to return to Customs and Border Protection, which encompasses Border Patrol.

Sanders assumed the post after Kevin McAleenan, the former commissioner, moved up to fill the role of acting homeland security secretary in the wake of Kirstjen Nielsen’s ouster this spring. In his role, Sanders has overseen the agency responsible for policing the US borders and facilitating legal trade and travel. It is also the frontline agency dealing with the surge of migrants at the southern border.

Robert Perez, the highest-ranking career official, is the current deputy commissioner. It is unclear if he will step into the acting commissioner position.

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<img alt=”100 children moved back to controversial Clint, Texas, border facility” class=”media__image” src=”//cdn.cnn.com/cnnnext/dam/assets/180706121423-02-immigration-facility-0628-large-169.jpg”>

100 children moved back to controversial Clint, Texas, border facility

Before becoming acting commissioner, Sanders, served as the Chief Operating Officer at CBP, where he worked with McAleenan to address the operational needs of the agency and work on strategic direction.

As of June 1 this fiscal year, Border Patrol has arrested more than 377,000 family units, over 60,000 unaccompanied children, and over 226,000 single adults.

Sanders did not provide a reason for his departure.

Read Sanders’s letter here:

As some of you are aware, yesterday I offered my resignation to Secretary McAleenan, effective Friday, July 5. In that letter, I quoted a wise man who said to me, “each man will judge their success by their own metrics.” Although I will leave it to you to determine whether I was successful, I can unequivocally say that helping support the amazing men and women of CBP has been the most fulfilling and satisfying opportunity of my career.

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<img alt=”100 children moved back to controversial Clint, Texas, border facility” class=”media__image” src=”//cdn.cnn.com/cnnnext/dam/assets/180706121423-02-immigration-facility-0628-large-169.jpg”>

100 children moved back to controversial Clint, Texas, border facility

I’ve spent a significant amount of time over the last several days reflecting on my time at CBP. When I began this journey, Commissioner McAleenan charged me with aligning the mission support organizations and accelerating his priorities. Easy enough, I thought. What I didn’t appreciate at the time was how the journey would transform me professionally and personally. This transformation was due in large part to the fact that people embraced and welcomed me in a way that was new to me — in a way that was truly special. To this day, I get choked up when speaking about it and I can’t adequately express my thanks. As a result, let me simply say I will never stop defending the people and the mission for which 427 people gave their lives in the line of duty in defending. Hold your heads high with the honor and distinction that you so richly deserve.

Throughout our journey together, your determination and can-do attitude made the real difference. It allowed CBP to accomplish what others thought wasn’t possible…what others weren’t able to do. And even though there is uncertainty during change, there is also opportunity. I therefore encourage everyone to reflect on all that you have accomplished as a team. My hope is you build upon your accomplishments and embrace new opportunities, remain flexible, and continue to make CBP extraordinary. This is your organization…own it! Don’t underestimate the power of momentum as you continue to tackle some of this country’s most difficult challenges.

I will forever be honored to have served beside you. As a citizen of this great country, I thank you for your public service.

Take care of each other,

John

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Meanwhile, back at the ranch, the latest TRAC Report confirms that under Trump, the DHS, particularly ICE, has been ignoring real enforcement priorities to concentrate on often counterproductive, yet cruel, wasteful, and polarizing, improperly politicized enforcement aimed at non-criminals and those contributing to our country. In other words, terrorizing primarily Hispanic communities just because they can. And these racist attacks appeal to Trump’s base. Just part of the “ICE Fraud” that Morgan undoubtedly intends to bring over to CBP.  https://trac.syr.edu/immigration/reports/564/.

Not surprisingly, some dedicated and professional ICE Agents are tiring of Trump and his sycophants’ “malicious incompetence” that is demoralizing the agency and (as I had predicted long ago) turning it into probably the most hated, least trusted, least useful, and least effective law enforcement organization in America. Michelle Mark at Business Insider covers the “bad things that happen” when you have a “no values” White Nationalist President and exceptionally poor leaders like Tom Homan and Mark Morgan who lacked both the will and the backbone to stand up to Trump’s White Nationalist nonsense.  https://apple.news/AxFctS7mET3qBX419lPootw

It’s an out of control agency badly in need of professional leadership, practical priorities, and some restraint and professional discipline in both rhetoric and actions. In other words, it needs a real law enforcement mission with honest, unbiased, professional leadership. Not going to happen under Trump!

So, the next competent President will have her or his work cut out to reform and reorganize ICE into an agency that serves the national interests of the majority of Americans. Whether that can be done in ICE’s current configuration, given its overtly racist overtones and widespread lack of community trust under Trump, remains to be seen.  It could be beyond repair.

PWS

06-26-19

JRUBE: Trump & Pence Constantly Lie About Immigration & Human Rights — Reporters Are Sticking It To Them In Real Time!

https://www.washingtonpost.com/opinions/2019/06/24/trumps-lies-need-be-exposed-real-time/

Jennifer Rubin
Jennifer Rubin
Opinion Writer, Washington Post

Jennifer Rubin writes in the WashPost:

In an interview on “Meet the Press,” President Trump repeated a whopper of a lie.

PRESIDENT DONALD TRUMP:

Separation, President Obama, I took over separation. I’m the one that put it together. What’s happened though are the cartels and all of these bad people, they’re using the kids. They’re, they’re, it’s almost like slavery.

CHUCK TODD:

But let’s not punish the kids more.

PRESIDENT DONALD TRUMP:

No this has been happening —

CHUCK TODD:

Aren’t you — the kids are getting punished more.

PRESIDENT DONALD TRUMP:

You’re right. And this has been happening long before I got there. What we’ve done is we’ve created, we’ve, we’ve ended separation. You know, under President Obama you had separation. I was the one that ended it. Now I said one thing, when I ended it I said, “Here’s what’s going to happen. More families are going to come up.” And that’s what’s happened. But they’re really coming up for the economics. But once you ended the separation. But I ended separation. I inherited separation from President Obama.

The Post’s fact-checkers back in April explained: “The Obama administration rejected a plan for family separations, according to Cecilia Muñoz, Obama’s top adviser for immigration. The Trump administration operated a pilot program for family separations in the El Paso area beginning in mid-2017.” Trump’s claim that “Obama did it first” is both morally vapid and completely wrong: “The Trump administration implemented this policy by choice, exercising its discretion to prosecute some crimes over others. But no law or court ruling mandates family separations. In fact, during its first 15 months, the Trump administration released nearly 100,000 immigrants who were apprehended at the U.S.-Mexico border, a total that includes more than 37,500 unaccompanied minors and more than 61,000 family-unit members.” In short, “The zero-tolerance approach is worlds apart from the Obama- and Bush-era policy of separating children from adults at the border only in limited circumstances, such as when officials suspected human trafficking or another kind of danger to the child or when false claims of parentage were made.”

Jake Tapper at CNN showed the right way to confront administration members on Sunday, when he went right after Vice President Pence’s misrepresentations about the dismal condition of children still held. After playing a clip of administration lawyers arguing in the 9th Circuit that there was no responsibility to provide basic necessities to children such as toothbrushes, Pence tried to claim that he didn’t know what the lawyers were saying. Tapper kept after him:

”But this is going on right now,” Tapper said, adding “This is the wealthiest nation in the world. We have money to give toothpaste and soap and blankets to these kids in this facility in El Paso County. Right now, we do.”

“Well, of course — of course we do,” Pence said.

“So why aren’t we?” Taper asked.

Pence again dodged the question with a snicker, replying “My point is — my point is, it’s all a part of the appropriations process.”

Tapper then had to cut Pence off from the lengthy digression that followed in order to force the question again.

“But I’m talking about the kids — I’m talking about the kids our custody right now,” Taper said. “Just listen to this. This is ‘The New Yorker’ citing a team of lawyers who visited a border facility.”

Pence tried to interrupt him again, but Tapper insisted “I just want to quote this.”

“The conditions the lawyers were found were shocking,” Tapper read. “Flu and lice outbreaks were going untreated. Children were filthy, sleeping on cold floors, taking care of each other because of the lack of attention from guards.”

“I know you. You’re a father. You’re a man of faith. You can’t approve of that,” Tapper said.

“Well, I — I — no — no American — no American should approve of this mass influx of people coming across our border,” Pence stammered. It is overwhelming our system at the southern border.

“But how about how we’re treating these children?” Tapper asked, again, and Pence deflected, again.

“I was at the detention center in Nogales just a few short months ago. It is a heartbreaking scene,” Pence said, but then added These are people who are being exploited by human traffickers, who charge them $5,000 a person to entice them to take their vulnerable children…”

“But now these kids are in our custody,” Tapper said.

Pence continued to blame Democrats in Congress, but Tapper again reiterated “But I would say that I’m talking about the kids on our southern border right now.”

He told Pence “you have the power right now to go back to the White House and say, we need to make sure that these kids — first of all, that there are people taking care of them, so it is not 12-year-olds taking care of 3-year-olds, and, second of all, that they have soap, that they have toothbrushes, that they have combs, that we’re taking care so they don’t all get the flu.”

Pence once again tried to blame Democrats, to which Tapper replied “I think Democrats would argue that they want to do a deal with President Trump, but he hasn’t showed any inclination.”

That’s precisely how reporters need to go after Trump and his morally deficient administration. This is the Trump administration’s policy. This is the Trump administration’s doing. This is the Trump administration’s refusal to address basic humanitarian needs (while raiding the Defense Department to build a useless wall that has nothing to do with asylum seekers presenting themselves at the border).

CONTENT FROM SAFEWAY

2019 is the year of grilling vegetables

Four recipes to try if you if you want to try your hand at barbecued veggies.

Allowing Trump and his ilk to bluster and flat-out lie their way through interviews might be the path of least resistance when trying to cover a lot of ground. However, if Trump and his teammates are not stopped dead in their tracks, the media become a platform for deceiving voters.

Headlines that echo the president — “Trump says Obama did it first” — are equally reprehensible. (It should be “Trump falsely blames Obama for his own policy.”) Trump, Pence and the rest are accustomed to running through their ridiculous talking points (e.g. the United States has the cleanest water and air in the world) without objection on outlets such as Fox. Other media can and must do better. And when the general-election debates roll around, moderators must be willing to correct misstatements of fact. (Or follow up by asking, “But that’s not true, is it Mr. President?”)

We’re at risk of losing not only a shared set of facts but also a uniform belief that there are such things as facts. That’s straight out of the autocratic playbook — one that the media cannot facilitate.

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Another part of the Trump, Pence, GOP “Big Lie” — that folks are coming “illegally.” Actually, they are coming and turning themselves in to apply for legal status which they are entitled to do under our laws and international treaties. Trump & Pence actually eliminated the only program allowing folks from the Northern Triangle to seek refugee status from outside the U.S. 

What is illegal is the Trump Administration’s failure to promptly and fairly process individuals at ports of entry and returning those who have passed the first step of the process, known as  “credible fear,” to Mexico where they are in danger, prevented from getting lawyers of their choice as authorized by statute, and inhibited from fairly and completely presenting their asylum cases before U.S. Immigration Judges (who themselves are not independent, fair, and impartial adjudicators since they work for Attorney General, Trump protector, and self-styled enforcement guru Bill Barr).

Oh, and how about a moratorium on Trump’s Golf Trips and Pence’s religious proselytizing trips on the public dime until every kid in Government custody  has a bed, blanket, toothbrush, and a bar of soap?

No, it isn’t really about Congressional appropriations (although the GOP in Congress certainly bears a major part of the blame for Trump’s audacious violations of human rights). Congress didn’t waste money that could and should have been spent on the welfare of asylum seekers on less important things like walls, tent cities, detention, and other “built to fail” initiatives that have done little or nothing to advance the fair and effective administration of our asylum laws. Nor did Congress make the decision not to be prepared to process the asylum seekers who have been slowly and methodically heading north since before last Thanksgiving. You wouldn’t need the world’s best intelligence service to figure out the rate of flow and predict how many might need processing.

As those of us who understand immigration know, desperate people are likely to continue to leave the failed states of the Northern Triangle until the international community deals with the causes of the migration.

Everything the U.S. has done under the “maliciously incompetent” Trump Administration, from encouraging environmental degradation, to withdrawing refugee programs and aid programs, to dumb, anti-human rhetoric, to egging Mexico on to a militarized rather than a human rights response, to idiotically trying to ”enforce” our way out of a humanitarian crisis notwithstanding decades of experience and data showing it won’t work, to empowering gangs, smugglers, cartels, and corrupt government officials, to intentionally backlogging Immigration Courts while destroying established legal principles that could have led to “fast track grants” of many deserving domestic violence asylum cases, to tying up the Federal Courts with frivolous litigation, to intentional child abuse, has made the situation immeasurably and unnecessarily worse.

Yes, Trump might be able to get away with killing and abusing hundreds, perhaps thousands, in Mexico. But even this predictable bloodbath, which he hopes to keep out of sight as the U.S. media loses interest, won’t solve the problem in the long run.

Every day Trump remains in office we diminish ourselves as a nation; but, that won’t stop human migration. It will just leave us as diminished, dehumanized, shells of humanity. It’s time to “just say no to Trump and his supporters and enablers” as they seek to destroy America!

PWS

06-25-19

JUSTICE BY OMAR THE TENTMAKER: Already A Circus, Trump & Barr Plan To Turn What’s Left Of America’s Immigration Courts Into A Traveling Tent Show!

https://apple.news/AAfRRMBVoRdSDB3MNFh7__w

Priscilla Alvarez
Priscilla Alvarez
Reporter, CNN
Geneva Sands
Geneva Sands
Reporter, CNN

Priscilla Alvarez & Geneva Sands reort for CNN:

Trump admin considers temporary courts along the southern border

5:44 PM EDT June 17, 2019
Washington

The Trump administration is considering building temporary courts along the southern border as part of an effort to expand its policy of returning some asylum seekers to Mexico for the duration of their immigration proceedings, according to two administration officials.

The US recently struck an agreement with Mexico that included expanding the policy, which, the administration argues, serves as a deterrent since it keeps migrants waiting in Mexico, instead of within the US.

Site assessments have been completed for almost all the ports of entry to determine where such temporary immigration courts, described by sources as “soft-sided,” would be needed, according to an administration official.

The facilities could be used to conduct hearings via video teleconference, which has previously been used by immigration courts elsewhere in the country, the official said.

The deal to expand the “Remain in Mexico” program across the border earlier this month came amid threats to impose tariffs on Mexico if it didn’t bolster enforcement.

Mexico, the joint declaration said, would authorize the entrance of asylum seekers, and offer jobs, health care and education to those individuals. In return, the US must expedite the asylum adjudication process. Consideration to erect immigration courts, which are overseen by the Justice Department, appears to be a step in that direction.

Migrants who are sent to Mexico to await their court hearings return to the US through a port of entry along the southern border to then be transported to their hearing. The temporary courts would allow migrants to have their hearings near or at the port, rather than being bussed miles away, said the official.

It also would likely help alleviate the caseload at San Diego and El Paso immigration courts, which have been taking these cases.

The Justice Department’s Executive Office of Immigration Review referred questions about the so-called Migrant Protection Protocols program to the Department of Homeland Security. A DHS official confirmed that the temporary structures are being considered, adding that the crisis has strained the immigration courts along the border. The administration has repeatedly requested additional immigration judges to chip away at a massive backlog that’s led to cases being scheduled years down the road.

The “Remain in Mexico” policy began in January and immediately received pushback back from immigrant advocates and lawyers who argue that it puts migrants who are predominantly from Northern Triangle countries of Guatemala, Honduras, and El Salvador and seeking asylum in the US in harm’s way.

As of May, the US had returned around 6,000 people to Mexico to await their court hearings. The number of migrants falling under the policy appears to be doubling over time, but it is unclear how many additional people have been added to the program since the agreement with Mexico was struck.

One of the locations actively working toward implementing the program is the Rio Grande Valley region in Texas, the busiest sector for arrests of people illegally crossing the border, a senior Border Patrol official told CNN.

Before the program can get underway in the region, officials need to first have the infrastructure in place, including logistics for court hearings. The US also needs to engage with Mexico and ensure its government is willing to receive migrants across the border, said the official.

Like other administration immigration policies, returning migrants to Mexico has also been challenged in court.

In May, a federal appeals court allowed the Trump administration to continue returning some asylum seekers to Mexico for the time being. A panel of the 9th US Circuit Court of Appeals, while split on some issues, listed a number of factors that went into the decision, including risk of injury in Mexico and negotiations between the US and Mexico.

© 2019 Cable News Network, Inc. A WarnerMedia Company. All Rights Reserved.

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Not surprisingly, no mention of guaranteeing attorney access, effective notice, or reasonable access to legal resources for those retuned to Mexico. Trump is emboldened by a dysfunctional Congress under Mitch McConnell and complicit Article III Courts like the 9th Circuit, unwilling to put an end to this grotesque perversion of our statutory laws, our Constitution, and human rights. It’s also a recipe for more “Aimless Docket Reshuffling” and bigger backlogs in Immigration Courts. But undoubtedly, Trump will blame others for the problems he has created.

PWS

06-18-19

COURTS OF INJUSTICE: Lawyers’ Groups Rip Bias, “Asylum Free Zone” At El Paso Immigration Court!

https://www.cnn.com/2019/04/03/us/el-paso-immigration-court-complaint/index.html

Catherine Soichet reports for CNN:

Lawyers slam ‘Wild West’ atmosphere in Texas immigration court

Immigration violations: The one thing to know

(CNN)Judges at an immigration court in El Paso, Texas, are undermining due process, making inappropriate comments and fostering a “culture of hostility” toward immigrants, according to a new complaint.

The administrative complaint, sent to the Justice Department on Wednesday and obtained by CNN, slams a number of allegedly recurring practices at the El Paso Service Processing Center court, which hears cases of immigrants detained at several locations near the border.
“El Paso feels like the Wild West in terms of the immigration system,” said Kathryn Shepherd, national advocacy counsel for the American Immigration Council’s Immigration Justice Campaign and one of the complaint’s authors. “There’s so little oversight. No one is talking about how bad it is.”
The complaint comes at a time of mounting criticism of the Justice Department-run courts that decide whether individual immigrants should be deported. And it comes as officials warn the number of cases those courts are tasked with handling is rapidly increasing with an influx of more undocumented immigrants crossing the border.
Among the allegations:
• Judges at the El Paso Service Processing Center court have “notably high rates of denial,” the complaint says, noting that the court granted less than 4% of asylum applications heard there between fiscal year 2013 and fiscal year 2017. Nationally, 35% of asylum cases in court are granted, according to the latest data from the Transactional Records Access Clearinghouse at Syracuse University.
• The complaint accuses judges in the court of making inappropriate comments that “undermine confidence in their impartiality” and are part of “a culture of hostility and contempt towards immigrants who appear” at the court. While hearing one case, a judge, according to the complaint, described the court as “the bye-bye place,” telling a lawyer, “You know your client is going bye-bye, right?” Another judge allegedly told court observers that “there’s really nothing going on right now in Latin America” that would provide grounds for asylum.
• Rules limiting evidence that can be presented at this court strip away due process, the complaint says. One judge’s standing order, for example, limits the length of exhibits that can be submitted to 100 pages. “This order is particularly harmful for individuals seeking protection whose cases are more complex or where country conditions are at issue,” the complaint says.
The Justice Department’s Executive Office for Immigration Review, which oversees US immigration courts, declined to comment on the allegations. Spokeswoman Kathryn Mattingly confirmed that the office received the complaint letter on Wednesday.

An overwhelmed system

The allegations come amid mounting criticism of US immigration courts.
There are more than 60 immigration courts in the United States, and about 400 judges presiding over them. Immigration judges are hired directly by the attorney general and are employees of the Justice Department. They’re required to be US citizens, to have law degrees, to be active and licensed members of the bar and to have at least seven years of post-bar experience with trials or hearings, among other qualifications.
Prosecutors in immigration courts are employees of Immigration and Customs Enforcement, but the overall administration of the courts is the Justice Department’s responsibility.
Both immigrant rights advocates and immigration hard-liners agree the court system is struggling under a crush of cases — but they diverge widely in their proposals for fixing it.
More than 850,000 cases are pending in US immigration courts, according to the Transactional Records Access Clearinghouse. And in a report released last month, the American Bar Association said the courts are “irredeemably dysfunctional and on the brink of collapse.”
The Trump administration has moved to hire more judges and to pressure them to finish cases more quickly, accusing immigrants and the lawyers who represent them of gaming the system and overloading it with frivolous cases.
President Donald Trump has also repeatedly questioned the need for an immigration court system to begin with. “We have to get rid of judges,” Trump said Tuesday in the Oval Office, later explaining that he no longer wants to catch people trying to cross the southern border illegally and “bring them to a court.”
Advocates say the existing system denies due process and harms vulnerable people who have legitimate claims to remain in the United States but face an overwhelming number of obstacles to make their case. They’ve argued a major overhaul is necessary, proposing the creation of an independent court system that’s not part of the Justice Department.
In recent congressional testimony, Executive Office for Immigration Review Director James McHenry said his department had increased its number of case completions for the third consecutive year. And he said that every day, the office decides immigration cases “by fairly, expeditiously and uniformly interpreting and administering the nation’s immigration laws.”

‘The worst court in the country’

Lawyers argue the El Paso Service Processing Center facility is both a window into wider problems of the immigration system and a particularly egregious example.
“Immigration courts across the nation are suffering from many of the issues identified here,” the complaint alleges, “including the use of problematic standing orders, reports of inappropriate conduct from (immigration judges), and highly disparate grant rates which suggest that outcomes may turn on which court or judge is deciding the case rather than established principles and rules of law.”
But one reason advocates focused this complaint on this El Paso court, the American Immigration Council’s Shepherd said, was that it had the lowest asylum grant rate in the nation, based on statistics compiled from Justice Department reports over a five-year period.
Those figures, from annual fiscal year reports from 2013-2017, show the percentage of cases granted in the El Paso court has fluctuated in recent years, decreasing slightly from 2014-2016 and increasing slightly from 2016-2017. But for years, the figure has hovered at or under 5% — significantly below the national rate.
“If you look at the numbers, it’s the worst court in the country. But we wanted to understand really why that was the case,” she said. “What about El Paso, and what about how the judges conduct business in the court, makes it so hard to prevail?”
After researching that question and outlining their findings in the complaint, with the help of court observers and lawyers who regularly practice in the court, now Shepherd says they’re calling for the Justice Department to conduct its own investigation into the El Paso Service Processing Center court and other courts with similar problems.

Suggestions for improvement

An administrative complaint is a step in a formal grievance process used to bring issues to officials’ attention, Shepherd said, but does not trigger legal proceedings.
The complaint recommends a series of corrective measures, including providing more training on appropriate conduct for judges and requiring the Executive Office for Immigration Review to post publicly online any standing orders individual judges have issued.
No matter how officials respond, Shepherd said she hopes the complaint will be a jumping-off point for further research into how the court’s practices have affected people who were ordered deported there.
“It’s pretty overwhelming, actually,” she said, “if you think about the thousands of people who have passed through this immigration court and haven’t really had a chance to fight their case in a meaningful way.”

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This isn’t Due Process! This isn’t justice! This is a farce, a fraud, and a parody of justice going on with the active encouragement and incompetent management of a Department of Justice that has abandoned due process and the rule of law in favor of  restrictionist “deny ‘em all, deport ‘em all” policies actively promoted by Trump, former Attorney General Jeff Sessions, and adopted by current Attorney  General Bill Barr.

This national disgrace and existential threat to our entire justice system and constitutional order will not end until the Immigration Courts are removed from the Department of Justice and reconstituted as an independent, fair, impartial court system dedicated to insuring fairness and due process for all, including the most vulnerable among us.

PWS

04-04-19

DR. EDITH BRACHO-SANCHEZ @ CNN: Traumatizing Youth — Trump Administration Routinely Violates Wilberforce Act Protections For Vulnerable Kids — Their Outrageous Solution — Eliminate The Law!

https://www.cnn.com/2019/03/28/health/unaccompanied-minors-18th-birthday/index.html

Dr. Bracho-Sanchez writes for CNN:

(CNN)On your 18th birthday, immigration officials will come for you, a lawyer explained. You will be shackled, you will be placed in an orange jumpsuit, and you will be taken to jail. “But I need you to know you are not a criminal.”

This is how Allison Norris, toll litigation staff attorney at Americans for Immigrant Justice, prepares her teenage clients in federal migrant detention shelters who are nearing age 18 without the prospects of a suitable sponsor to whom they can be released.
One of these clients is Veronica, whose name has been changed to protect her identity for fear of retribution. At age 17, she arrived in the United States alone, fleeing sexual predators in El Salvador.
Between the time Veronica arrived and when she turned 18, just over four months, Norris says, she attempted to find a sponsor. But none of the family friends who applied met the extensive list of requirements of the Office of Refugee Resettlement in order for her to be released from the shelter for migrant children in South Florida where she was detained.
On her 18th birthday, she woke up scared, wondering what would happen to her, Veronica said. Norris’ detailed warnings had not exactly calmed her down.
At 8 a.m. on her birthday, immigration officials arrived at the shelter. She was placed in ankle shackles and put in a “very cold room” for hours before being taken into adult detention, Veronica said.
In the months that followed, Veronica describes feeling depressed, crying every day and losing hope. Because she wasn’t serving a specific sentence, she had no idea how long she’d spend in detention.
With hours to fill in a cell she shared with three older women, she relived in her mind the attacks she suffered in El Salvador.
“I didn’t know what was worse: to have died in El Salvador or to be locked up,” she said.
Veronica is part of a group of kids known as ORR age-outs. When unaccompanied minors arrive in the United States, they are placed in the custody of the Office of Refugee Resettlement, part of the US Department of Health and Human Services, a humanitarian agency in nature.
Once they turn 18, teens are moved into the custody of the Department of Homeland Security — more specifically, US Immigration and Customs Enforcement, a law enforcement agency known as ICE. Migrant youth cannot, by law, stay in the shelters that housed them before they turned 18.
“I have interviewed the children right before they turn 18 and they go into these facilities,” said Yenis Castillo, a forensic psychologist with the nonprofit advocacy group Physicians for Human Rights. “All the kids I interview are terrified.”
In the weeks leading up to their 18th birthdays, Castillo said, she has seen teens act out, develop chronic headaches or high blood pressure, become depressed and even become suicidal.
“When people undergo trauma, they live in a constant state of alert, and on top of that, then we are sending them to prison,” she said.
Neha Desai, director for immigration at the National Center for Youth Law, has toured immigrant child detention centers across the country. “Everywhere I go, the kids that are in most extreme and visible distress are the ones that are approaching age-out. There’s so much anxiety in that period of time,” she said.
The Trafficking Victims Protection Reauthorization Act, passed in 2000 and reauthorized in 2008 and 2013, states that when unaccompanied immigrant children in the custody of the Office of Refugee Resettlement turn 18, ICE “shall consider placement in the least restrictive setting available after taking into account the [individual’s] danger to self, danger to the community, and risk of flight.”
“What we’ve seen is that they very rarely do,” said Xiaorong Jajah Wu, immigration attorney and deputy program director at the Young Center for Immigrant Children’s Rights. Wu oversees offices in Houston and Chicago, where she says it is the child’s attorney or child advocates who put forth alternatives to adult detention, “basically begging ICE not to take these kids on their 18th birthday.”
Wu said her team has not seen what they’d consider “any level of thought” being put into the decision of whether to take a migrant youth into adult detention.
In California, Lindsay Toczylowski, an immigration attorney and founder and executive director of the immigrant Defenders Law Center, says the move into adult detention has become the norm rather than the exception for teens over the past two years.
“What we’ve seen is a lack of discussion for ICE when deciding whether or not they are going to take a kid into custody,” she said. Toczylowski also worries about the way in which this is done, which she describes as “overkill,” considering that these are typically petite teens from rural communities in Central America who have committed no crimes.
Kate Melloy Goettel, senior litigation attorney at the National Immigrant Justice Center, noted that “Congress really understood that these kids are vulnerable. And now we are just trying to get ICE to understand that they have obligations under the law to really try to find options other than detention.”
These options, Goettel explains, includes placement with family members, non-family sponsors, shelters, group homes and institutional placement.
Jennifer Elzea, press secretary for ICE, wrote in an email that “custody determination is made by ICE on a case-by-case basis, taking into account the totality of the individual’s circumstance, to include flight risk, threat to the public and threat to themselves.” Elzea acknowledged understanding the requirement that the agency consider the least restrictive setting available and to consider alternatives to detention.
Goettel is part of the team of attorneys at the National Immigrant Justice Center who, in March 2018, sued Homeland Security and ICE on behalf of two migrant teens who were placed in adult prisons when they turned 18. The lawsuit alleges that ICE “failed to consider them for placement in ‘the least restrictive setting available’ and to provide them with meaningful alternatives to detention, as required by amendments to the Trafficking Victims Protection Reauthorization Act.”
According to documents obtained from the Office of Refugee Resettlement as part of the class-action lawsuit, 528 children aged out of custody in 2015. The number doubled to 1,044 in 2016, remained about the same at 1,091 in 2017 and, in the first half of 2018 alone, included 1,240 kids.
In November, Health and Human Services confirmed that there were a record 14,000 unaccompanied children in Office of Refugee Resettlement custody.
Since the lawsuit was filed, a judge required ICE to reassess the custody of the two original teens and place them in the “least restrictive setting possible.” In August, the court granted a motion for class action certification, meaning the lawsuit against Homeland Security is now on behalf of all unaccompanied migrant children in custody of the Office of Refugee Resettlement who “age out” when they turn 18.
When asked about the lawsuit, Elzea said, “ICE does not comment on pending litigation”
As for Veronica, she spent just over two months in adult detention. Norris, her attorney, says that a family friend with lawful status was able to get all required documents quickly, and Homeland Security released Veronica to live with her.
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But, Norris says, the process can take much longer for other teens, many of whom lose hope while in detention and ask to be sent back to their home countries.
“They fought all this way to come here, raised all this money to go on this very dangerous journey to escape horrific violence, and all of a sudden they’ve been in detention for three months, and they’re like ‘just send me back. I can’t take it anymore,’ ” she said.
    • ****************************************

    The obvious solution:  protect the kids; resist the Trump  Kakistocracy. That’s what the New Due Process Army does!

    PWS

    03-31-19

INSIDE THE ADMINISTRATION’S “KIDDIE GULAG:” Thousands Of Allegations Of Sexual Abuse Surface!

https://www.cnn.com/2019/02/26/politics/hhs-documents-minors-sexual-abuse/index.html

Sophie Tatum reports for CNN:

Washington (CNN)The Department of Health and Human Services received more than 4,500 complaints of sexual abuse against unaccompanied minors from 2014-2018, according to internal agency documents released Tuesday by Florida Democratic Rep. Ted Deutch.

In addition,1,303 complaints were reported to the Justice Department during that same time frame, according to the documents.
Deutch addressed the documents during a high-profile House hearing Tuesday on the Trump administration’s “zero tolerance” policy that resulted in thousands of immigrant children being separated from their parents.
He said that the documents “demonstrate over the past three years, there have been 154 staff on unaccompanied minor, let me repeat that, staff on unaccompanied minor allegations of sexual assault.”
“This works out on average to one sexual assault by HHS staff on unaccompanied minor per week,” he added.
Axios first reported the documents.
“I am deeply concerned with documents that have been turned over by HHS that record a high number of sexual assaults on unaccompanied children in the custody of the Office of Refugee and Resettlement,” Deutch said. “Together, these documents detail an environment of systemic sexual assaults by staff on unaccompanied children.”
HHS spokesperson Caitlin Oakley addressed the reports in a statement, saying minors’ safety is a “top concern,” and noted that there are “rigorous standards” in place for employees, which include mandatory background checks.
“These are vulnerable children in difficult circumstances, and ORR fully understands its responsibility to ensure that each child is treated with the utmost care. When any allegations of abuse, sexual abuse, or neglect are made, they are taken seriously and ORR acts swiftly to investigate and respond,” Oakley said.
At the hearing Tuesday, HHS’ US Public Health Service Commissioned Corps commander, Jonathan White, defended his agency against accusations of sexual abuse when asked by Rep. Tom McClintock, a California Republican, to respond to allegations that they were all “but serial child molesters” during a “drive-by slander a few minutes ago.”
“We share concern that I think everyone in this room feels. Anytime a child is abused in the care of ORR is one too many,” White said.
He added that “the vast majority of allegations prove to be unfounded when they are investigated by state law enforcement and federal law enforcement and the state licensure authorities to whom we refer them.”
“It is important to note that I am not aware of a single instance anywhere of an allegation against the ORR federal staff for abuse of a child,” White said.
Some of the incidents that were reported to the Justice Department included allegations against staff members who were accused of having relationships with minors, unwanted sexual touching and showing the minors pornographic videos, according to Axios. Axios also reported that of the thousands of complaints, there were 178 accusations against the adult staff.

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

The Administration’s responses sound like a cover up to me. And they were “coaxed out” by GOP Reps who appear eager not to have the abuses engendered by the Administration’s toxic immigration enforcement policies fully vetted. Seems doubtful, based on my decades of Government experience, that “where there are 4,500 reports of smoke, there are no fires.”

Additionally, lawyers from the DOJ were still in court this week advancing specious and disingenuous arguments for avoiding responsibility for unconstitutional child separation that their clients had intentionally caused.

In fairness, these problems also existed under the Obama Administration. But, faced with extensive evidence of a broken system, the Trump Administration “doubled down” on problematic practices.

Eventually, there will be accountability for the detention disaster. And, when it happens both the responsible officials and the GOP legislators who are trying so hard to cover up the truth should face a reckoning.

PWS

02-27-19

POLITICS: “CONVENTIONAL WISDOM” – “AOC’s” Predecessor Advised Her & Her Predominantly Female Colleagues To Basically “Sit Down, Shut Up, & ‘Learn The Ropes’ From Your (Mostly White Male) Betters” – She Ignored Him!

https://apple.news/AFBlLI9WJQk6Wy1AWo-8jXw

Hunter Schwarz for CNN:

Former Democratic New York Rep. Joe Crowley offered a bit of advice to new members of Congress during an exit interview with Vice News. “Don’t come here thinking you’re going to change the world overnight,” he said.

It was perhaps advice for the woman taking his spot, Rep. Alexandria Ocasio-Cortez, who defeated Crowley last summer in a upset primary victory and who’s rocketed to the top of her class as the most high-profile freshman on Capitol Hill.

In her first month in office, Ocasio-Cortez — or AOC as she’s short-handed commonly in the press — has remained a news cycle fixture for her clapbacks, policy proposals and more than 350 tweets or retweets since January 3.

Here’s how she’s spent her first month in Congress.

Sworn in on at the age of 29 on January 3, becomes the youngest member of the 116th Congress.

Surpassed House Speaker Nancy Pelosi in Twitter followers (@aoc vs. @SpeakerPelosi) her second day in office.

Posted her most retweeted tweet on January 4, a video of her dancing in front of her office, to poke fun at the video of her dancing in college that surfaced and was mocked following her swearing in. The new Twitter video received more than 20.7 million views and more than 160,000 retweets.

Co-sponsored her first piece of legislation, H.R. 242, repealing the PAYGO Act on January 4.

Her proposal to raise taxes on the rich to pay for the so-called “Green New Deal” proposal ended up on the cover of the January 5 issue of New York Daily News with the headline “Radical Solution.”

She got a shoutout from Cher on Twitter.

Sat for an interview with CBS’ “60 Minutes” that aired January 6 in which she said the super rich should be taxed more heavily after making $10 million, and that there’s “no question” Trump is racist.

Search interest in “Green New Deal” reached its highest ever point on Google Trends the day after her “60 Minutes” interview.

Said Trump saying “Who cares?” when asked about her calling him racist proves she got under his skin, in a January 14 tweet.

Got in an argument with former Wisconsin Gov. Scott Walker over taxes on Twitter on January 15.

Named to the House Financial Services Committee, which oversees things like banking and lending, which she announced on January 15. It’s led by Chairwoman Maxine Waters of California.

Gave her first speech from the House floor on January 16, where she spoke about a constituent who missed a paycheck from the shutdown, and said the shutdown isn’t about a wall or the border, but “the erosion of American democracy and the subversion of our most basic governmental norms.”

Her speech became C-SPAN’s most-viewed Twitter video ever, with more than 3.34 million views.

She and other freshmen Democrats delivered a letter to Senate Majority Leader Mitch McConnell on January 16 calling for an end to the shutdown a start a #WheresMitch social media campaign.

She and Democratic Rep. Jim Himes of Connecticut taught a class to fellow lawmakers on how to use social media on January 17 where she counseled them to not use memes if they don’t know what memes are, and not to talk like the Founding Fathers on Twitter.

Spoke at a Women’s March event in New York City on January 19.

Spoke at the MLK Now event in New York City on January 21 where Ta-Nehisi Coates said he thinks she is the person in politics today who represents King’s radical vision.

Named to the House Oversight Committee, which can investigate the Trump administration, on January 22.

The Washington Post Fact Checker gave some of her claims about living and minimum wage at the King event three Pinnochios on January 24. Ocasio-Cortez responded on Twitter criticizing the fact check’s citation of “a Walmart-funded think tank as reference material for wage fairness” and responded with her own “4 Geppettos.” (Click here for CNN’s fact-check of AOC and several other politicians’ comments on climate change)

When asked by Stephen Colbert on the January 21 episode of “The Late Show” how many “f****” she gives about Democrats who’ve criticized her, she said, “zero.”

Shared her skincare routine on Instagram Stories on January 28 after being asked about it from a follower.

Co-wrote a letter along with other freshmen Democrats asking for a reduction in Department of Homeland Security funding because of spending on things including detention facilities.

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

 

Who am I to advise AOC. But, from my parochial perspective she could make herself even more of a political force if she hired a full-time “fact checker” for her staff. I think her already resonant message would be even more powerful if it were invariably backed with “true facts.” (Although Rudy Giuliani, who once famously told Chuck Todd that “truth isn’t truth,” might disagree.)

 

PWS

02-03-19

 

 

 

JUDGE SULLIVAN STUFFS TRUMP’S REQUEST TO KEEP ON VIOLATING ASYLUM LAW PENDING APPEAL — Stay Denied In Grace v. Whitaker!

https://www.cnn.com/2019/01/25/politics/sullivan-asylum-ruling/index.html

Dan Berman reports for CNN:

Washington (CNN)Federal Judge Emmet Sullivan on Friday rejected a Justice Department request to stay his earlier ruling blocking the Trump administration’s policy that makes it difficult for victims fleeing domestic and gang violence to qualify for asylum in the United States.

Last month, Sullivan agreed with a group of women and children who said the policy imposed a heightened standard in reviewing their claims, concluding that the administration must stop deporting migrants currently in the US “without first providing credible fear determinations consistent with the immigration laws.”
Friday, he wrote: “The government now requests a stay, pending appeal of the Court’s Order, to enable the unlawful policies to continue to apply in all expedited removal cases, except the plaintiffs. … Defendants’ motion for stay is DENIED.”
The attorney general has full authority over the immigration courts — a separate court system which operates under the Justice Department.
*********************************
We have an Administration without shame, human decency, or, obviously, the will and skill to govern. And, a DOJ where lawyers act not as legal guardians of the people’s rights, but continue to defend the indefensible, ill serves the American people.
PWS
01-25-19

US DISTRICT JUDGE TIGAR STUFFS ADMINISTRATION SCOFFLAWS’ STAY REQUEST!

https://www.cnn.com/2018/11/30/politics/asylum-injunction-ruling-immigration/index.html

Ariane de Vogue and Geneva Sands, report for CNN:

Washington (CNN)A federal judge in California on Friday left in place a nationwide injunction that blocks the President’s asylum restrictions from going into effect.

Judge Jon S. Tigar of the US District Court for the Northern District of California said the government had not shown that the President’s policy “is a lawful exercise of Executive Branch authority.”
Lawyers for the Department of Justice had asked Tigar to lift his temporary restraining order — issued November 19 — while the appeals process plays out.
But Tigar refused to do so, holding that the government had failed to convince him that asylum seekers with legitimate claims would not suffer “significant harms” due to the new policy.
The move comes after President Donald Trump lashed out last week at Tigar, and said he would ultimately prevail in the case before the Supreme Court.
Earlier this month, Trump signed a proclamation that would have prevented most migrants who crossed the southern border illegally from seeking asylum.
The American Civil Liberties Union immediately sued the administration on behalf of asylum assistance groups in California. Within 10 days of the President’s proclamation, Tigar granted the ACLU’s request for a temporary restraining order. The policy has since been in legal limbo.
“We are pleased the district court continues to recognize the harm that will occur if this illegal policy goes into effect,” ACLU lead attorney Lee Gelernt said in a statement Friday.
Asked for comment, the Justice Department referred CNN to a statement issued by Homeland Security Department spokeswoman Katie Waldman and Justice Department spokesman Steven Stafford after the temporary restraining order was issued, which says in part: “Our asylum system is broken, and it is being abused by tens of thousands of meritless claims every year. As the Supreme Court affirmed this summer, Congress has given the President broad authority to limit or even stop the entry of aliens into this country.”
When he issued his order on November 19, Tigar said the Trump administration policy barring asylum for immigrants who enter outside legal checkpoints “irreconcilably conflicts” with immigration law and the “expressed intent of Congress.”
“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar wrote, adding that asylum seekers would be put at “increased risk of violence and other harms at the border” if the administration’s rule is allowed to go into effect.
On behalf of the administration, Department of Justice attorneys had argued that the court’s injunction “directly undermines the President’s determination that an immediate temporary suspension of entry between ports of entry is necessary to address the ongoing and increasing crisis facing our immigration system.”

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

The statements issued by the DOJ and DHS claiming that there are “tens of thousands of meritless asylum applications” are misleading, at best. While it is true that more asylum applications are denied than are granted, (a stark reversal of the situation only a few years ago), that by no means makes them “meritless” or means that the individuals didn’t have a right to have their cases fairly adjudicated under our laws.

Indeed, the latest TRAC statistics showing a continuously declining asylum grant rate under Trump, notwithstanding worsening conditions in the Northern Triangle and in most other asylum sending countries, strongly suggests that it is the Government’s bias and blatant politicization of the Immigration Court system that is the real abuse here.

http://trac.syr.edu/immigration/reports/539/

Clearly, Session’s perversion of the law and facts in Matter of A-B- in an effort to deny protection to one of the most clearly persecuted groups in the world — women who are victims of gender based persecution in the forms of domestic violence — is a prime example of the type of improper racist-inspired political meddling that has been allowed to take place. It has destroyed the remaining integrity of the Immigration Court system, as well as endangered the lives of many deserving refugees in need of protection to which they are legally entitled but are being denied for improper reasons. When history eventually sorts out this sordid episode, the racist officials and the “go along to get along” judges and other government officials will be clearly identified for what they are.

The idea that the U.S. Government, which has purposely created a bogus “emergency” at the Southern Border with the political stunt of sending troops rather than Asylum Officers and Judges, is preposterous! While the poor asylum seekers face a genuine danger intentionally and cynically created by Trump and his White Nationalists, they pose no real threat to the U.S. Fortunately, Judge Tigar saw through the Administration’s contemptuous threats and disingenuous arguments to the contrary.

PWS

111-30-18

 

 

TRUMP CELEBRATES MIDTERM “VICTORY” WITH BOLD FOUR-PRONGED ATTACK ON CONSTITUTION AND RULE OF LAW! — Trump Earns Courtside’s Coveted “Five Clown Rating!”

  • First, he trashed the 1stAmendment by attacking, insulting, demeaning, and revoking the White Press credentials of CNN Correspondent Jim Acosta while fabricating an alleged “incident” involving Acosta that both national TV recordings and dozens of eye-witnesses testify never happened;

  • Second, he fired Attorney General Jeff Sessions (no tears, please, for this corrupt public official and immoral person) and appointed sycophantic Acting Attorney General (and former right-wing commentator and established Trump suck-up) Matt Whitaker, a sleazy maneuver which now gives Trump control over the Mueller investigation through Whittaker (indeed, some legal experts say this maneuver in and of itself could easily be construed as an obstruction of justice);

  • Third, while half-heartedly saying he would be willing to work with House Democrats, he then threatened them with retaliation if they had the audacity to exercise their Constitutional authority to investigate him and his corrupt Administration;

  • Finally, he reportedly plans on Friday to illegally overrule the Refugee Act of 1980 for asylum seekers through an “Executive Order” – a mean-spirited, controversial, and unnecessary move that almost certainly will be blocked by the Federal Courts therefore touching off yet another round of acrimonious and largely frivolous litigation. You can read Vivian Salama’s account about Trump’s latest plans to thumb his nose at the law in pursuit of his racist agenda in the WSJ here: https://www.wsj.com/articles/trump-to-sign-immigration-directive-revamping-asylum-system-1541629100?emailToken=00b769f8b7a4e89eba0f99cf5b2477154uBTkiIEqaA4RxhOj6r+MwpvKdjXbRWeUanRuOJdVFK4XBp2y4cx7py6fMlif4uGIYfAXBjcnBluaPYf4RL4PppT8TfGt2sTJrEbTE781qozrIjvN+p3sEae+AYFLY5x&reflink=article_email_share

And, remember folks, this is just “Day One of Phase II” of America’s Continuous National Clown Show! Stay tuned for more daily clown performances and hilarious degradations of America, our laws, human rights, and our values from under the Big Top! Today’s Trump performance get Courtside’s coveted “Five Clown” rating!

🤡🤡🤡🤡🤡

PWS

11-06-18

CNN: FRAUD, WASTE, & ABUSE: DOJ & DHS Continue To Thumb Noses At Supremes & Congress, Forcing Migrants To Dutifully Appear For Bogus Immigration Court Hearings At Knowingly False Dates & Times! – It’s “Kakistocracy In Action” & Nobody Has The Backbone To Put An End To It!

https://www.cnn.com/2018/10/31/us/immigration-court-fake-dates/index.html

Catherine E. Shoichet reports for CNN:

(CNN)Lines snaked around the block outside immigration courts across the United States on Wednesday. But many people standing in them later learned they had no reason to be there.

More than 100 immigrants showed up to court carrying paperwork ordering them to appear before a judge, only to find out that their court dates hadn’t actually been scheduled, according to the American Immigration Lawyers Association (AILA). And as a result, uncharacteristically long lines were reported outside at least 10 immigration courts, the association said.
Lawyers told CNN it’s part of a troubling trend that shows how dysfunctional the system has become and how chaotic the Trump administration’s approach to immigration enforcement can be.
“From a humanitarian point of view, it’s sickening what you’re seeing happening here, because they’re toying with these individuals’ lives in many cases. … This is widespread, it’s national and it’s outrageous,” said Jeremy McKinney, AILA’s treasurer and an immigration attorney in North Carolina.
Attorneys say the practice began after the US Supreme Court ruled in June that notices to appear — the charging documents that immigration authorities issue to send someone to immigration court who’s accused of being in the United States illegally — must specify the time and place of proceedings in order to be valid.
Since then, immigration lawyers across the country have reported that officials are increasingly issuing such notices with so-called “fake dates,” ordering immigrants to appear at hearings that, it later turns out, were never scheduled in immigration courts.
In recent months, lawyers have reported examples of notices issued for nonexistent dates, such as September 31st, and for times of day when courts aren’t open, such as midnight.
Selected portion of a source document hosted by DocumentCloud
Atlanta immigration attorney Rachel Effron Sharma says this is an example of a notice a client received, ordering the client to report to an immigration court at a time when the court was closed.
US Citizenship and Immigration Services spokesman Daniel Hetlage said in a statement that initial dates on notices issued by his agency and Immigration and Customs Enforcement are “based on guidance on upcoming docket dates from local EOIR, an agency within the US Department of Justice responsible for administering the immigration courts.”
EOIR, Hetlage said, “is responsible for setting and re-setting appearances dates upon receipt of Notices to Appear filed by US Immigration and Customs Enforcements and other components of the US Department of Homeland Security.”
A spokeswoman for the Executive Office for Immigration Review (EOIR) did not immediately respond to a request for comment.

Notices issued for dates that don’t exist, times when court is closed

On Wednesday, reports of the so-called “fake date” practice were far more widespread, and attorneys reported seeing larger numbers of people affected than previously, said Laura Lynch, AILA’s senior policy counsel.
Attorneys observed long lines at courts in Baltimore, Charlotte, Atlanta, Orlando, Boston, Chicago, Los Angeles, Dallas, Phoenix and San Diego. Immigrants with “fake dates” were also seen at courts Wednesday in Las Vegas and Denver, Lynch said, but lines there weren’t as long.

In this screengrab from a handout video provided by the American Immigration Lawyers Association, people are seen lining up outside the Atlanta Immigration Court on October 31.

“The line was around the corner,” said Jorge Gavilanes, an immigration attorney in Atlanta who witnessed the crowds gathering Wednesday. “Security was unprepared for this. The court was unprepared for this. They were scrambling to check every single one of these cases to see if these cases have been already filed with this court.”
This isn’t the first time such situations have been reported.
The Dallas Morning News documented the practice occurring in court there in September.
It may sound like a small bureaucratic glitch, Lynch said, but such mix-ups can take a significant toll on immigrants’ lives.
“Clients are driving like eight hours and taking off of work in order to appear at these hearings, only to find out that it’s not the actual correct hearing date. The impact is their jobs, it’s their life, and also just the anxiety,” she said.

Attorney: ‘People were obviously fearful’

Sometimes, lawyers say they’re able to confirm with courts beforehand that certain noticed hearing dates aren’t accurate, but then struggle to convince their clients not to show up in court anyway.
“They’re so anxious to cooperate. They don’t want any problems with ICE or with the authorities,” says Rachel Effron Sharma, an immigration attorney in Atlanta who tried to explain the situation to clients this week. “They got a letter telling them to go that day. They didn’t understand how it would be possible that there would be a date that was just made up.”
Gavilanes said he’s found himself in a similar predicament, trying to reassure clients who know that if they don’t show up for a scheduled court hearing, the consequences could be severe.
“People were obviously fearful that if they miss their hearing, they were going to get deported in their absence, and they didn’t want to take that chance,” he said. “They’d rather show up at the court and have them tell them go home instead of not showing up and worry(ing) about it.”
On Wednesday, Gavilanes said he fielded questions from numerous immigrants who were baffled by the situation.
“I don’t think people really understand why this is happening,” he said.

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

Thank you, Catherine, for helping to expose the corrupt administration of the Immigration Courts and DHS Enforcement under Trump, Sessions, & Nielsen! 

Not only are individuals being denied due process, but taxpayer money is literally being poured down the drain when cases have to be reset by the courts, rather than being rationally and correctly set in the first place. Since the Immigration Courts have been so incompetently managed that they are virtually an “automation free zone” every mistake has to be corrected manually by already overwhelmed Court Clerks who already are struggling to keep up with all of Sessions’s other “Gonzo priorities.”

The whole process is what I call “Aimless Docket Reshuffling” or (“ADR”).  While ADR certainly was practiced by both the Bush II and Obama Administrations, Sessions has taken ADR to new heights of dysfunction, irrationality, and intentional cruelty. The Government and the Immigration Courts actually exist to serve the public interest (including, of course, the interest of the people summoned before them), not to satisfy the outlier restrictionist agenda that Jeff Sessions failed to enact during his many wasted years in Congress. 

With competent, professional, independent, non-political Administration, by folks who understand the system and are willing to work with the public and the lawyers, the money could be spent creating a system that would actually be fair, just, and efficient  — no, not tomorrow or the next day, but certainly in the foreseeable future.

But, as long as folks like Sessions are in charge, “Good Government” has no chance whatsoever! And, that’s bad for all of us!

Many thanks to my good friend Laura Lynch over at AILA National for passing this item along.

PWS

11-01-18

CNN AM REPORT: Lies, Racism, & White Nationalism Appear To Be Keys To Success For Trump & GOP!

President Trump

For the first time, President Trump called himself a “nationalist” during a rally in Texas last night for Sen. Ted Cruz, fully embracing the label that’s defined his populist rhetoric and protectionist policies. The President also escalated his attacks on the migrant caravan making its way through Mexico. He claimed, without a shred of evidence, that MS-13 gang members and “unknown Middle Easterners” were among those in the caravan. Trump basically insinuated that terrorists have infiltrated the group, though CNN crews have observed mostly mothers and children, and a senior counterterrorism official refutes the President’s claim.In what is essentially his closing argument for the midterms, the President is engaged in a fact-free, racially charged diatribe the likes of which we’ve never seen, says CNN’s Stephen Collinson. But here’s the most shocking part: It may work. In some polls, Trump’s approval rating has reached all-time highs, giving the GOP hope the much-predicted “blue wave” will turn into a washout.

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How much more one-party minority rule by Trump & the GOP can the US survive?  It remains to be seen.

PWS

10-22-18

TRUMP LAUNCHES PREDICTABLE LARGELY FACT FREE TIRADE AGAINST DESPERATE MIGRANTS – They Aren’t A Threat To Our National Security – But, Trump & His White Nationalist Policies Of Hate & Xenophobia Are!

http://time.com/5430940/donald-trump-migrant-caravan-false-claims

Katie Reilly reports for Time:

For more than 15 years, nonprofit groups have helped hundreds of asylum-seeking migrants journey through Central America to the United States, traveling together in a caravan to make the journey safer and their plight more visible. Thousands of Central American migrants currently walking to the U.S. border are doing the same, fleeing deadly violence on a trek that has drawn international focus.

As many as 7,000 migrants, according to one local estimate, have now joined the caravan that started on Oct. 13 in Honduras, many wearing flip flops and carrying their children on a journey that will be at least 1,500 miles long, depending on which part of the U.S. border they reach.

President Donald Trump — who has long critiqued U.S. immigration policies and denigrated immigrants since the start of his presidential campaign — has made numerous baseless claims about the caravan in recent weeks, spreading alarm and touting it as a “Great Midterm issue for Republicans!” Trump has claimed, without evidence, that the group included “criminals and unknown Middle Easterners” and falsely suggested that Democrats funded the caravan. He also blamed Democrats for the current immigration laws, though Republicans currently control both chambers of Congress and the White House.

“I have alerted Border Patrol and Military that this is a National Emerg[enc]y,” Trump tweeted early Monday, threatening to cut off foreign aid to Guatemala, Honduras and El Salvador for not “stopping people from leaving their country and coming illegally to the U.S.”

But videos and reporting from journalists traveling with the caravan of migrants show weary families making an arduous journey because of violence or lack of opportunity in their home countries, and no evidence that there are “unknown Middle Easterners” among the group.

“The migrants are ordinary people from Central America. They’re joining the caravans because the migration routes through Mexico are perilous for them and highly expensive,” says Elizabeth Oglesby, an associate professor of Latin American studies at the University of Arizona, who has studied Central America and human rights issues. “The more that the border has become militarized between the U.S. and Mexico, the more perilous and the more expensive the journey has become for Central Americans. So that’s why we see people coming together in the caravans.”

She says the caravan, which is larger than many of its annual predecessors, has grown because of how word spread on social media and because of worsening conditions in Honduras, where the murder rate is among the highest in the world and where the government has cracked down on political protestersfollowing last year’s disputed presidential election.

Oglesby says just a fraction of migrants who begin the trek make it to a U.S. point of entry each year, as many turn back or peel off if they can find work or safety in Mexico instead.

While no specific group has said it’s responsible for organizing the current caravan, Pueblo Sin Fronteras, founded in 2010, has led asylum-seeking migrants through Central America for more than 15 years, most recently in April — another caravan that drew ire from Trump. The group aims to “provide shelter and safety to migrants and refugees in transit, accompany them in their journey, and together demand respect for our human rights.” Some Pueblo Sin Fronteras leaders and organizers are involved in the current caravan.

Trump has lashed out at the caravan as an example of illegal immigration, threatening to deploy U.S. military force to “close our Southern border” and stop what he has described as a crisis. But illegal border crossings have been declining overall for more than a decade, though the number of border apprehensions fluctuates month-to-month. And under U.S. law, it is legal to petition for asylum at the border, though the process may be lengthy and ultimately unsuccessful.

“These migrant caravans are not a border crisis,” Oglesby says. “People are doing this openly and visibly, and they plan to show up at the U.S. port of entry and petition for political asylum, and that is exactly how our laws are supposed to function. The crisis comes about when U.S. border officials discourage people from political asylum, leave them on the bridges or threaten them that if they go forward with a political asylum claim, they might lose their children.”

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Katie is hardly the only informed observer to note that Trump is even more full of BS, fabricated facts, and bogus scare techniques than usual on this one.

Here’s Maegan Vasquez over at CNN:

https://www.cnn.com/2018/10/22/politics/donald-trump-migrant-caravan-fact-check/index.html

Washington (CNN)President Donald Trump, in a series of tweets on Monday, claimed he would declare a “national emergency” over an issue that has frequently piqued his attention — migrant caravans moving toward the United States through Central America and Mexico.

His tweets come just weeks ahead of the 2018 midterm elections and he has emphasized immigration as a key issue, without evidence accusing Democrats of pushing for overrun borders in what appears to be a naked fear campaign aimed at turning out his supporters. Immigration was a key issue in the 2016 presidential race.
Crowds of migrants, estimated to be in the thousands on Monday, resumed their long journey north on Sunday into Mexico as part of a migrant caravan originating in Central America.
Currently migrants are at the Central Park Miguel Hidalgo in the center of Tapachula. Organizers plan for them to begin moving north, reaching the northern city of Huixtla, which is about 20 miles north, and resting there.
The President, in his tweets, also made several questionable claims concerning immigration and the caravan. Among them: that “unknown Middle Easterners” are “mixed” in with the caravan, that he would be cutting off foreign aid over the caravan, and that Mexican authorities failed to stop migrants from coming into Mexico.
Asked later Monday about his assertion about “unknown Middle Easterners” in the caravan, Trump said: “Unfortunately, they have a lot of everybody in that group.”
“We’ve gotta stop them at the border and, unfortunately, you look at the countries, they have not done their job,” he said. “They have not done their job. Guatemala, Honduras, El Salvador — they’re paid a lot of money, every year we give them foreign aid and they did nothing for us, nothing.”
Here’s what we know:

Are there “unknown Middle Easterners” “mixed” into the migrant caravan?

Trump tweeted “criminals and unknown Middle Easterners are mixed” into the migrant caravan moving toward the United States. He called this a “national emergy” (sic).
It’s unclear what “unknown Middle Easterners” Trump appears to be referring to in his tweet, since there have been no reports, in the press or publicly from intelligence agencies, to suggest there are “Middle Easterners” embedded in the caravan.
A senior counterterrorism official told CNN’s Jessica Schneider that “while we acknowledge there are vulnerabilities at both our northern and southern border, we do not see any evidence that ISIS or other Sunni terrorist groups are trying to infiltrate the southern US border.”
White House press secretary Sarah Sanders said Monday afternoon that the administration “absolutely” has evidence of Middle Easterners in the caravan, “and we know this is a continuing problem.”
However, she did not provide the specific evidence supporting that claim.
During a White House conference call with surrogates regarding the caravan, a Homeland Security official said the administration is looking into a claim from Guatemalan President Jimmy Morales that his country has been able to capture around 100 terrorists. However, the official did not offer any evidence of the Middle Eastern people who Trump claims are hiding among migrants in the caravan.
“We are looking into that claim from the President Morales on the numbers,” Jonathan Hoffman, the DHS official, said. “It is not unusual to see people from Middle Eastern countries or other areas of the world pop up and attempt to cross our borders.”
Earlier this month, Morales claimed foreign individuals linked to terrorism were captured in the country during his administration, which began in January 2016.
“We have arrested almost 100 people highly linked to terrorist groups, specifically ISIS. We have not only detained them in our territory, they have also been deported to their countries of origin. All of you here have information to that effect,” Morales said during a Conference on Prosperity and Security in Central America event attended by Secretary of State Mike Pompeo.
There’s no direct link or correlation between Morales’ statement and Trump’s assertion about the caravan on Twitter.
The Department of Homeland Security also did not provide any evidence to bolster the President’s claim about “unknown Middle Easterns” in the caravan when asked for it by CNN on Monday.
A department official told CNN that in fiscal year 2018, Customs and Border Protection “apprehended 17,256 criminals, 1,019 gang members, and 3,028 special interest aliens from countries such as Bangladesh, Pakistan, Nigeria and Somalia. Additionally, (Customs and Border Protection) prevented 10 known or suspected terrorists from traveling to or entering the United States every day in fiscal year 2017.”
The Department of Homeland Security did not specify any Middle Eastern countries.
Pressed about the President’s assertion that there are “unknown Middle Easterners” mixed in with the caravan, a State Department spokesperson said they understand there are several nationalities in the caravan and referred us to Department of Homeland Security for more information.

Will the administration cut off foreign aid? Can they?

Trump tweeted that because “Guatemala, Honduras and El Salvador were not able to do the job of stopping people from leaving their country and coming illegally to the U.S.,” the United States “will now begin cutting off, or substantially reducing, the massive foreign aid routinely given to them.”
It’s unclear where the administration will propose to make the cuts the President appears to be talking about, and CNN has reached out to the White House and the DHS for further information.
However, the Congressional Budget and Impoundment Control Act prohibits the President from withholding — or impounding — money appropriated by Congress.
New York Rep. Eliot Engel, the top Democrat on the House Committee on Foreign Affairs, said Monday that his office has reached out to the Government Accountability Office to ensure that the President does not violated the act.
“Fortunately, Congress — not the President — has the power of the purse, and my colleagues and I will not stand idly by as this Administration ignores congressional intent,” Engel said in a statement.
Trump has made the threat of cuts to foreign aid going to Latin American countries over migrant caravans several times over the last year.
Under the Trump administration, and with the approval of the Republican-controlled Congress, there have already been significant cuts to foreign aid to Guatemala, El Salvador and Honduras — the three countries he mentioned Monday — and the administration plans to continue making cuts in fiscal year 2019.

Were authorities from Mexico unable to stop the migrant caravan from heading into the US?

Trump tweeted Monday that “Mexico’s Police and Military are unable to stop the Caravan heading to the Southern Border of the United States.”
There are some 7,500 people marching north as part of a migrant caravan through Mexico, caravan organizer Dennis Omar Contreras told CNN. He said the organizers did a count of participants Monday morning.
He said the migrants will leave Mexico’s Tapachula for the town of Huixtla, which is located more than 20 miles northwest of their Monday morning location.
While Mexican authorities said before the caravan’s arrival that anyone who entered the country “in an irregular manner” could be subject to apprehension and deportation, many migrants from the caravan appear to have circumvented authorities.
CNN crews witnessed migrants jumping off a bridge at the Mexico-Guatemala border and riding rafts to reach Mexican soil.
Mexican authorities say more than 1,000 Central American migrants officially applied for refugee status in Mexico over the past three days.
It’s unclear how authorities will respond to the thousands of other migrants who are marching north.

Will the President declare a national emergency over the caravan?

It’s unclear exactly what executive action, if any, the President will take following his tweet saying that he has “alerted Border Patrol and Military that this is a National (emergency).”
Previous administrations have ordered troops to the US southern border, and Trump issued a similar memorandum earlier this year ordering National Guard troops to be deployed to the US-Mexico border. The memo came around the same time another, smaller migrant caravan was moving toward the US through Central America.
Lieutenant Colonel Jamie Davis, a spokesman for the Defense Department, told CNN that “beyond the National Guard soldiers currently supporting the Department of Homeland Security on our southern border, in a Title 32, U.S. Code, section 502(f) duty status under the command and control of the respective State Governors, the Department of Defense has not been tasked to provide additional support at this time.”
The Department of Homeland Security, which oversees Customs and Border Protection, referred questions about the national emergency to the White House, which did not answer to several questions for comment.
Doris Meissner, a senior fellow at the Migration Policy Institute and the former commissioner of the Immigration and Naturalization Service, told CNN that the President’s use of the term national emergency, and his potential subsequent declaration, is “a subjective judgment.”
“It is certainly true that the numbers that have been reported in this group are larger than anything that we’ve seen before this from these countries concentrated in one group,” she said.
However, she added that the reaction is “disproportionate to what’s happening.”
“I’m not saying it’s not a genuine problem, but it’s not like this is organized insurrection, in the way that its been characterized,” she added.
CNN’s Catherine Shoichet, Sarah Westwood, Ryan Browne, Jennifer Hansler, Geneva Sands, Dakin Andone, Patrick Oppmann, Natalie Gallón, Kevin Liptak and Jessica Schneider contributed to this report.

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And, here’s the ever-wonderful Tal from her “new home” over at the SF Chronicle:

Here’s what happens when the migrant caravan arrives at U.S. border

By Tal Kopan

WASHINGTON — President Trump ratcheted up his rhetoric Monday about a caravan of thousands of Central Americans making its way toward the U.S., even as uncertainty grew over what will happen to the migrants if they reach the border.

Trump has seized on the caravan as a key talking point heading into the midterm elections. The president has been pointing to the growing group of migrants as justification for his aggressive immigration proposals.

“Sadly, it looks like Mexico’s Police and Military are unable to stop the Caravan heading to the Southern Border of the United States. Criminals and unknown Middle Easterners are mixed in. I have alerted Border Patrol and Military that this is a National Emergy. Must change laws!” Trump tweeted Monday.

A source familiar with the government’s information on the caravan said there was no evidence Middle Easterners were mixing into it. It’s unclear whether Mexico will allow the group to continue the remaining 1,000-plus miles to the U.S. border without interfering.

More:

https://www.sfchronicle.com/politics/article/Here-s-what-happens-when-migrant-caravan-13327887.php#photo-16376169

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Actually, contrary to the false narrative put out by Trump, Sessions, Nielsen, and others, our legal system is set up to handle this situation:

  • USCIS could move additional Asylum Officers to ports of entry along the Southern border, particularly given the substantial advance notice;
  • Arriving migrants could be promptly and fairly screened for “credible fear;”
  • Those who pass could be matched with available pro bono lawyers and released to those locations where their lawyers and community support are located, thus insuring a high rate or appearance for asylum hearings in Immigration Court;
  • Those who fail credible fear could be returned to their home countries in a humane manner, perhaps working with the UNHCR;
  • If the Administration wants these cases to be “prioritized” in a backlogged Immigration Court system, they could remove an equal number of “low priority” older cases from the docket, thus preventing growth in the backlog and largely avoiding “Aimless Docket Reshuffling;”
  • The Refugee Act of 1980 could be used to establish a robust program for screening and resettlement of refugees directly from the Northern Triangle, thus both reducing the incentive to make the land journey to apply for asylum and setting a leadership example for other countries in the hemisphere to take additional refugees from the Northern Triangle;
  • We could work cooperatively with the UNHCR and other countries to establish shared resettlement programs for those who flee the Northern Triangle and can’t return;
  • We could invest more foreign aid in infrastructure, and job creation programs in the Northern Triangle which would deal with the causes of the continuing outward migration.

We do know from experience and observation what won’t work:  incarceration,  prosecutions, threats, family separation, child abuse, misconstruing asylum law against applicants, tirades directed against sending and transit countries, saying “we don’t want you,” etc.

PWS

10-22-18

NY TIMES EXPOSES TRUMP AS LIFETIME GRIFTER!

https://www.cnn.com/2018/10/02/opinions/trump-family-lies-expose-fraud-dantonio/index.html

Author Michael D’Antonio writes on CNN:

Michael D’Antonio is author of the book “Never Enough: Donald Trump and the Pursuit of Success” (St. Martin’s Press). The opinions expressed in this commentary are his. View more opinion articles on CNN.

(CNN)Remember how then-candidate Donald Trump talked about how the “system is rigged”? He really knew what he was talking about.

In breathtaking detail and with exacting precision, The New York Times has confirmed that for much of his life, though he claimed to be a brilliant businessman, Trump was benefiting from a rigged system, which his family manipulated to transfer enormous wealth from his father to him.
This truth, long suspected by those who have peered into Trump’s finances, included questionable and potentially fraudulent practices that were used so the Trump clan could avoid paying the kind of taxes ordinary people pay every day.
Trump’s lawyer vehemently denies the allegations against his client, telling the Times they are “100% false, and highly defamatory.”
And yet, the Times story is quite persuasive. According to the Times, by age 3, Trump was receiving $200,000 per year in today’s dollars from his father’s operations. By 8, he was a millionaire. And his wealth only grew from there.p
Talk about rigged.
Overall, the picture the Times paints comports with much that could be surmised about the family over the years. By the 1960s, his father, Fred, was one of the wealthiest men in New York. His financial prowess backed his son’s first big project, a hotel renovation at Grand Central Terminal, and his signature Trump Tower on Fifth Avenue. Although the back story about the hotel project and Trump Tower were well established, the facts assembled by the Times show Donald Trump used deception, not just in carrying out those projects, but throughout the course of his career.
The Times notes he profited from his father’s largess to the tune of more than $400 million. Much of this money was given to him though business entities, trusts and employment schemes that permitted him to accept multiple salaries at the same time.
This manipulation included schemes that made Trump into his father’s employee, landlord, property manager and lender. One example, according to the Times, was Fred Trump’s development of Beach Haven Apartments. After building the sprawling complex with federal loans, he made his children the landlords — creating a stream of income that grew over decades.
But Beach Haven was just one of scores of schemes that Fred Trump devised, and his son was complicit in. In one key passage of the Times report, the authors explain that Fred and his wife, Mary, paid a little more than $52 million in taxes on payments of $1 billion given to their children. Under the law, though, they should have paid 55% tax on gifts — a figure that $52 million doesn’t even come close to.
The evidence the Times explored as this financial X-ray was assembled included more than 100,000 pages of documents. The data gleaned from these papers, some of which came from tax returns, show how nearly 300 streams of revenues, including receipts from coin laundries in apartment buildings, were funneled to the man who would eventually become president.
All the evidence gathered by the Times conflicts directly with the message Trump has long promoted. From his early days in Manhattan, when he marketed himself as a young tycoon, Trump insisted he had succeeded on the basis of his own ingenuity, creativity and grit.
This myth is the chief takeaway from his famous best-selling book, “The Art of the Deal,” and it was the backdrop for the development of his TV show “The Apprentice.” In the opening montage for the program, he falsely declared he was “the largest real estate developer in New York, by far.” Real estate insiders, of course, knew this claim was rubbish.
Not surprisingly, much of Trump’s rhetoric was seen as hyperbole in the service of a public image that was playful and ridiculous. However, once his business acumen became one of the pillars of his presidential campaign, it became fair game for intense examination. Trump has impeded the process by refusing to honor the tradition of releasing his tax returns. However, with impressive legwork and number-crunching, the Times has made the picture much less opaque.
Follow CNN Opinion
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Yup! No real surprise to most of us.
PWS
10-03-18