😒LOOKING THE OTHER WAY @ GARLAND’S DOJ:  ☠️ Deadly Civil & Human Rights Violations Inflicted On Individuals Of Color By DHS/DOJ’s “New American Gulag!”

Alexandra Martinez
Alexandra Martinez
Senior Reporter
Prism
PHOTO: Prism

https://notify.dailykos.com/ss/c/atcYNHk4Eh2YdGnwBh-YDCxDIu4OO3SBv2TLoLPFt2czW0dtkj0znJv8y4_fpHhZU-HKs2U4–r_uxxFUTYhHuROxyBNaXybIMjYeD4ksiM97Shwx3b4Hq5WHNh5rUrm37DeupxU-lbnh-mAH_2w53MFbvc01bSsPa27VYNOiTFTIZoVASZIjao4JD7V00kVtSWTDOR1EfZJMNtRdbyStg/3k5/0Fp_rVbkQQqEJZKJd3JlJg/h4/jpbX9uAFBiBfKOSRVHl30U7E_t1pnXvo0RlNJi-44fA

In the early morning on Feb. 4, Jose boarded a packed airplane in Illinois filled with handcuffed immigrant detainees just like him. They were en route to another detention center in Oklahoma after theirs was ordered close. During the hour-and-35-minute flight, several people appeared ill, coughing and sniffling, but no one was able to socially distance. A few days later, Jose began experiencing the worst kind of sickness he had ever felt. He had contracted COVID-19. Jose joins the 1,126 other immigrants in Immigration and Customs Enforcement (ICE) detention who are currently being monitored and tested positive for the virus, representing a 395% surge in COVID-19 cases since January when there were only 285 reported cases.

“I was scared at one point. I’ve never been sick like that in my life,” Jose said. “I thought, ‘I’m going to die here.’”

Jose, who has asked to withhold his last name to protect his identity, is 25 years old and has lived in the U.S. since he came with his parents from Mexico at age seven; he has been in immigration detention for three months. He was originally detained in Illinois at McHenry County Jail, but when Illinois Gov. J.B. Pritzker signed the Illinois Way Forward Act, banning private and county-run immigration detention, Jose was one of 17 people from McHenry County Jail transferred to the Kay County Jail in Oklahoma.

“We really want to focus on getting releases and getting folks out of detention, instead of transfers to another facility,” said Gabriela Viera, advocacy manager at the Detention Watch Network. “We need to continue shutting down facilities until we are in a place where there are no more facilities for people to be transferred to.”

Another person in a different immigrant detention center, Jorge, was transferred from a facility in New York to Krome Detention Center in Homestead, Florida. According to advocates from the Queer Detainee Empowerment Project, he was exposed to COVID-19 and tested positive for the virus. Jorge has confirmed widespread reports that there is a complete disregard for the virus within the detention center, with no access to hand sanitizer or vaccines.

According to the National Immigrant Justice Center, both McHenry County Jail and the Jerome Combs Detention Center in Kankakee County experienced COVID-19 outbreaks among the ICE population at the time of these transfers. Advocates, public health experts, and members of Congress raised the alarm to Chicago Field Office Director Sylvie Renda in the days before the transfers about the risks of moving people to jails out of state under these circumstances, but ultimately, about 30 people were transferred from McHenry and Kankakee to Oklahoma, Indiana, and Texas.

“There was no distance between us,” Jose said. “When we got there, they just put us all in the dorm room.”

About four days after arriving in Oklahoma, Jose began feeling sick. His body ached, his sinuses were congested, and he had difficulty standing, especially during routine phone calls where there are no chairs provided. The extreme cold at night only worsened his symptoms, and he developed body shivers, chest pain, and a fever. He put in two requests to see the medic before he was finally tested for COVID-19 and confirmed that he had the virus.

“They’re not testing people regularly, and they’re not socially distancing, they’re not providing people with sufficient hygiene products,” said Diana Rashid, National Immigrant Justice Center’s managing attorney, who is representing Jose in his release request. “The spread is just going to continue.”

The medic gave him fever-reducing medication and vitamin D. He was returned to his 20-person pod and was told to remain in his bunk and try to self-isolate within his dorm room the size of a small basketball court.

“I thought they were going to move me to a cell alone,” Jose said. “But, they just left me in the room. I think I even got someone else sick.”

Jose is now recovering and feels better, but at least one other person has tested positive, with a total of nine positive cases in the detention center, according to ICE. But, Jose says that number may be even larger due to underreporting. When a person tests positive, they are put under quarantine for 10 days, meaning they cannot interact with other pods. Even worse, they are not taken out of their rooms for their court hearings, postponing an already delayed process and forcing them to stay in detention longer than necessary. According to Rashid, it would take about two to four weeks to get the first hearing in Chicago’s immigration court after a person is first detained.

“Everyone’s cases stalled for those who are in quarantine,” said Rashid.

Jose, who has been in quarantine for a majority of his detention, says that people are getting frustrated and desperate with the continued prolonging of their cases. Some are even considering signing the removal papers out of desperation.

“I just want to go ahead with my court proceedings and get out of here,” said Jose. “I want to make it to the light at the end of the tunnel.”

Immigration advocates hope more states will follow Illinois and close their detention centers. A total of 41 people were released from these jails during January in Illinois, but they believe that everyone, including Jose, should have been released on the current ICE enforcement memo guidelines. Advocates are also continuing to push for Congress to cut funding for immigration detention and enforcement and hope to invest in vital programs that uplift their communities instead, like health care, affordable housing, and education.

Prism is a BIPOC-led non-profit news outlet that centers the people, places, and issues currently underreported by national media. We’re committed to producing the kind of journalism that treats Black, Indigenous, and people of color, women, the LGBTQ+ community, and other invisibilized groups as the experts on our own lived experiences, our resilience, and our fights for justice. Sign up for our email list to get our stories in your inbox, and follow us on Twitter, Facebook, and Instagram.

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Assistant Attorney General, Civil Rights, Kristen Clarke looks for civil rights violations by state and local governments. Yet, she studiously ignores those being committed in broad daylight by her boss’s dysfunctional and biased Immigration Courts and the immigration detention empire he enables, supports, and defends.

As Alexandra’s report notes, one well-known result of prolonged detention in intentionally unsafe and substandard conditions is to “duress” individuals into giving up legal rights. Could there be a clearer violation of our Constitution going on right under Garland’s nose?  I doubt it! But, no stand against these clear abuses. It’s as if “Gonzo” Sessions, “Billy the Bigot” Barr, and “Gauleiter” Stephen Miller were still calling the shots for Garland!

Gulag
“The New American Gulag” (“NAG”) operates right under the noses of civil rights honcho Kristen Clarke and her boss AG Merrick Garland with their blessing. Indeed, they have “embedded courts” in the NAG! So much for the  Biden Administration’s commitment to civil rights. GULAG PHOTO: Public Realm.

 

 

Almost from the “git go,” the Biden Administration has avoided dealing effectively and honestly with the “second (or third) class justice system” being inflicted by the DOJ, disproportionately targeting individuals of color and ethnic communities in America! It’s a rather glaring case of “do as I say, not as I do” that doesn’t appear to have escaped the notice of some Trump Article III judges. They turn the DOJ’s spineless “Dred Scottification” and “Miller Lite” actions and arguments back against them to undermine racial justice, fundamental fairness, and truth in all areas.

In a truly revolting🤮, yet highly revealing, interview with Savannah “Why Am I Giving Air Time To This Bad Dude” Guthrie on today’s Today Show, “Billy the Bigot” Barr made it clear that he considers corruption, lies, fascism, racism, and the final destruction of American democracy a “small price to pay” to fight the “real problem:” Progressive, humane, values-based governance in the common public interest. 

But, somehow, Garland and others in the Biden Administration see no reasons to take a stand against this dangerous nonsense! 

Remember folks, BTB is the overt racist who casually and glibly told Lester Holt  that “Black Lives Matter” is the “Big Lie!” He knows there will be no accountability for GOP enablers like him! Who’s the next “exclusive” for the NBC News crew, the Grand Dragon of the KKK? And, you can bet that if empowered again, the GOP will have no problem reviving the “White Nationalist Clown Show”🤡 @ DOJ. 

That leaves the fight for the future of our nation to the NDPA and others who believe that America doesn’t necessarily have to spiral downhill into a “MAGAland” grave, ⚰️ but could actually become something better than we are today! It’s not a given that we can build a better nation and a better world, but it is a possibility. 

Will the next generation stand up for a better future for everyone, or fulfill the nasty, backward-looking vision of lies, hate, and intolerance that BTB and the rest of the GOP right have mapped out for them?

🇺🇸Due Process Forever!

PWS

03-07-22

🏴‍☠️👨‍⚖️OF COURSE, “COURTSIDERS” ALREADY KNOW THIS: Trump/GOP’s “Imperial Radical Right Judiciary” Is An Existential Threat To Our National Security!🤮 — “But [Judge Reed] O’Connor does not sit in a sane circuit; he sits in the 5th Circuit.”

Mark Joseph Stern
Mark Joseph Stern
Reporter, Slate

Slate’s Mark Joseph Stern in Apple News:

https://apple.news/AujRHyBwwShCnyl6hPF–zg

Trump Judges Are Now a Threat to America’s National Security

The 5th Circuit let a lone judge order the deployment of unvaccinated SEALs. High-ranking officers say the decision puts the world at risk.

MARCH 1 2022 6:55 PM

On Monday, the 5th U.S. Circuit Court of Appeals issued a stunning decision transferring control over the Navy’s special operations forces from the commander-in-chief to a single federal judge in Texas. The 5th Circuit’s decision marks an astonishing infringement of President Joe Biden’s constitutional authority over the nation’s armed forces, directing him to follow the instructions of an unelected judge—rather than his own admirals—in deploying SEALs. High-ranking military personnel have testified under oath that this power grab constitutes a direct threat to the Navy’s operational abilities. As Russia invades Ukraine and declares a nuclear alert, Donald Trump’s judges are actively threatening America’s national security.

Like so many lawless cases in the 5th Circuit, this dispute began in the courtroom of U.S. District Judge Reed O’Connor. A notorious George W. Bush nominee, O’Connor is best known for attempting to abolish the Affordable Care Act in 2018, then getting reversed by a 7–2 vote at the Supreme Court last year. So when 35 Navy Special Warfare service members refused to comply with Biden’s COVID-19 vaccine mandate for the armed forces, they brought their case to O’Connor. These service members—mostly SEALs, all represented by the far-right First Liberty Institute—claimed that their religious beliefs barred them from getting the shots. (Some said they heard “divine instruction not to receive the vaccine”; others asserted that the mRNA vaccines altered “the divine creation of their body by unnaturally inducing production of spike proteins.)

O’Connor predictably sided against Biden in January, granting a preliminary injunction of staggering scope on the grounds that the mandate violates the Religious Freedom Restoration Act. He awarded himself sweeping authority over the assignment of the plaintiffs, forcing the Navy to deploy them with operational units. When several plaintiffs were denied transfer to a duty station, they asked O’Connor to sanction the government for allegedly violating his order; he promptly ordered the Justice Department to explain why it should not be punished for failing to deploy these service members. (O’Connor has not yet decided whether to impose sanctions.)

As of today, this lone judge continues to oversee the plaintiffs’ assignments, forcing the Navy to train, equip, and deploy unvaccinated troops—with granular specificity as to their exact stations and duties.

Never before in the history of the United States has one district court judge exercised so much control over the armed forces. The Constitution assigns this authority to Congress and the president. There are certainly legal limits on executive discretion, including due process and constitutional safeguards against invidious discrimination. Right-wing lawyers have typically been loath to acknowledge any restrictions on the president’s war powers. Indeed, the conservative legal movement has endorsed a near-limitless vision of the commander-in-chief: Republican presidents, lawyers, and judges have argued that the Constitution allows the president to deploy troops without congressional approval, indefinitely detain enemy combatants, and exclude entire classes of immigrants from the country. But now it seems they draw the line at a simple vaccine requirement—even though all service members were already required to have at least nine vaccines upon enlistment.

Setting aside this hypocrisy, O’Connor’s order violated a fundamental principle of judicial restraint: Federal courts have long held that specific military assignments are never subject to judicial review. O’Connor appears to be the first judge ever to rule that, in fact, the courts can compel the armed forces to deploy a specific service member to a specific location to perform a specific duty. If his court were in a sane circuit, this unprecedented intrusion on the president’s power would be quashed almost instantly.

But O’Connor does not sit in a sane circuit; he sits in the 5th Circuit. This rogue court is now dominated by Trump judges, and it is breaking every rule to hobble Biden’s presidency. The government’s request for a stay landed in the laps of two infamous Trump judges, Stuart Kyle Duncan and Kurt Engelhardt, along with Edith Jones, an infamously partisan Ronald Reagan nominee.

In an unsigned opinion that bristled with hostility against the COVID-19 vaccine, this panel agreed that the mandate violated religious liberty. Noting that most service members are vaccinated, the panel declared that the Navy lacks the “paramount interests” necessary to overcome anti-vaxxers’ religious objections. It questioned the “efficacy” of the vaccine, noting that “the USS Milwaukee was ‘sidelined’ in December 2021 by a COVID-19 outbreak despite having a fully vaccinated crew.” (Unmentioned was the fact that the crew’s vaccination status prevented even more transmission and serious illness.) The panel then found that the Navy will not be “irreparably harmed” by O’Connor’s order. And it concluded that the “public interest” lies in keeping the plaintiffs unvaccinated.

. . . .

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Alfred E. Neumann
Don’t expect this lackadaisical attitude from the next far-right GOP Attorney General to “own” the U.S. Immigration Courts — America’s “retail level” judiciary!
PHOTO: Wikipedia Commons

 

 

 

 

Read the full story at the link. 

Don’t imagine that the right-wing activist Supremes’ majority will “reign in” the 5th Circuit. Nope, they are hard at work eradicating civil rights, voting rights, “Dred Scottifying” folks of color, and insuring the eventual environmental collapse of civilization as we have known it! https://www.theguardian.com/commentisfree/2022/feb/28/us-supreme-court-rightwing-climate-crisis?CMP=Share_iOSApp_Other

There isn’t anything that Biden and the Dems can do in the short run to change the scofflaw trajectory and composition of the 5th and the Supremes.

But, there is a powerful, nationwide, precedent-setting  “Trump-oriented retail level ‘judiciary’” — with trial and appellate divisions and control over millions of lives and futures — that they have the power to immediately reform: The U.S. Immigration Courts “housed” within the DOJ’s EOIR!

Too bad for the rule of law and the future of democracy, not to mention the millions of individual human lives and futures at stake, that Garland and his lieutenants aren’t “up to” the job!

Progressives shouldn’t expect the same lack of will, defective focus, and clueless complacency the next time the radical GOP right takes over ownership of the DOJ! When it comes to the interrelated problems of immigration, human rights, civil rights, and immigration judicial reform in the 21st Century, fecklessness and underperformance are exclusive characteristics of Dem Administrations!👎🏽☹️🤯

🇺🇸 `Due Process Forever!

PWS

03-03-22

☹️THEY WORKED DANGEROUS JOBS, PUT FOOD ON OUR TABLES DURING THE PANDEMIC, & ARE MEMBERS OF A GROUP WHO PAID $9 BILLION IN U.S. TAXES — Their “Reward” Has Been A Short-Sighted “Slap In The Face” That Also Penalizes More Than 1 Million U.S. Citizen Children! — Julia Preston Reports For The Marshall Project

Julia Preston
Julia Preston
American Journalist
The Marshall Project

https://www.themarshallproject.org/2021/12/15/essential-but-excluded

https://elpais.com/internacional/2021-12-15/esenciales-pero-excluidos.html

Essential but Excluded

Immigrants put seafood on America’s tables. But many have been shut out of pandemic aid — and so have their U.S. citizen children.

By JULIA PRESTON and ARIEL GOODMAN

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Somewhat reminiscent of how the Chinese workers who were key to building the transcontinental railroad were “rewarded” with the Chinese Exclusion Act and more than a century of anti-Asian bias and hate that continues today.

See, e.g., https://immigrationcourtside.com/2019/05/31/history-chinese-workers-made-america-great-by-building-the-transcontinental-railway-their-reward-from-a-racist-nation-deportation-exclusion-bias/

https://immigrationcourtside.com/2019/05/10/courtside-history-beyond-trumps-mythical-white-nationalist-nation-lets-see-who-besides-enslaved-african-american-forced-migrants-did-the-work-that-made-america-gre/

https://immigrationcourtside.com/2021/03/31/%f0%9f%a4%ae%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8f%f0%9f%91%8e%f0%9f%8f%bbhistory-of-hate-misogyny-vilification-racist-hate-directed-at-asian-women-has-deep-roots-in-u-s-law-jessica/

☹️Unfortunately, America has a long unhappy history of mistreating, exploiting, and demonizing immigrants whose hard work, courage, and perserverance against the odds built our nation into what it is today! Old habits of bias, ingratitude, false racial supremacy, and vilification of “the other” — or at least the “perceived other,” since in truth we’re all important parts of the real America  — are hard to break. But, it would be a real boost for our nation and humanity if we could overcome the darker part of our past and move forward as one.

Thanks for sending this important piece my way, Julia!

🇺🇸🗽Due Process Forever!

PWS

12-17-21

🤮👎🏽GREGG ABBOTT IS A MISOGYNIST MORON, A RACST VOTE SUPPRESSOR, & OTHER STUFF WE ALREADY KNEW FROM BESS LIVIN @ VANITY FAIR!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

Levin Report: Dumbass Texas Governor Claims No-Exceptions Abortion Law Is Fine Because He’s Going to “Eliminate” Rape

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If you’re a person who believes it’s literally no one’s business who gets an abortion other than that of the pregnant individual undergoing the procedure, you’ve likely been incandescent with rage since the Supreme Court’s conservative majority decided to allow Texas to proceed with an insane law that prohibits terminating pregnancies after six weeks, with no exceptions for rape or incest. That anger likely stems from not just the law itself but having to listen to the chorus of dumbass voices who’ve come out backing Texas for effectively banning people from obtaining an abortion, from Tucker Carlson, who opined that the law shows “democracy does still exist,” to California gubernatorial candidate Caitlyn Jenner, who ironically commented that she supports Texas’s right to choose its own laws.

Of course, another one of those voices is the Lone Star state governor Greg Abbott, who signed the bill into law in May, saying at the time, “Our creator endowed us with the right to life and yet millions of children lose their right to life every year because of abortion,” and that the Texas Legislature “worked together on a bipartisan basis to pass a bill that…ensures that the life of every unborn child who has a heartbeat will be saved from the ravages of abortion.” (That both sides of the aisle supported the bill would be news to Texas Democrats, as just a single one of them voted for it.)

Asked on Tuesday why his state felt the need to “force a rape or incest victim to carry a pregnancy to term,” Abbott responded like only a person who really, really hates women can, claiming, “It doesn’t require that at all.” He added: “Because obviously it provides at least six weeks for a person to be able to get an abortion, so for one it doesn’t [require] that. That said, however, let’s make something very clear. Rape is a crime and Texas will work tirelessly to make sure that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets.”

pastedGraphic.png

There’s a lot to unpack here, so let’s start with the fact that Abbott is claiming that because the law allows for abortion up to six weeks, it’s not forcing anyone to do anything. As doctors, people who’ve been pregnant before, and people who’ve bothered to read a book on the subject before crafting legislation on it have noted, by the time a person misses her first period, she’s already roughly four weeks pregnant. That means that under Texas law, someone would have no more than two weeks, not six, to determine she’s pregnant and decide whether or not to get an abortion. Even in the case of people who are actively trying to get pregnant, that window can narrow even further for numerous reasons including if they have irregular cycles. Usually, then, one would make an appointment with a doctor to confirm the pregnancy, and as Abbott may or may not know, healthcare in America is not the greatest, so she may not be able to be seen for several weeks. And that hugely generous two weeks is not only a joke for many people actively trying to have a child, but for the majority of people who are not. “It is extremely possible and very common for people to get to the six-week mark and not know they are pregnant,” Jennifer Villavicencio, M.D., lead for equity transformation at the American College of Obstetricians and Gynecologists, told The New York Times. In other words, Abbott should fuck all the way off with his “obviously it provides at least six weeks for a person to be able to get an abortion.”

Then there’s the hilarious remark that he’s going to eliminate rape in Texas, so not allowing individuals to terminate pregnancies that result from heinous crimes is a moot point. Really, Abbott is going to make Texas rape-free? If he had that power, why didn’t he do it prior to enacting this law? The victims of the 14,824 reported rapes in his state in 2019, when he was four years into his first term, would probably love to know! (For those of you keeping up at home, that figure made Texas the No. 1 state for rape that year.)

Of course, Abbott is far from the first politician to say something ridiculously idiotic about abortion and rape. In fact, he joins a long line of assholes who’ve smugly offered their moronic two cents on the matter, an illustrious group that includes:

  • The Ohio state legislature, which introduced a bill in 2019 requiring doctors to “reimplant an ectopic pregnancy” into the uterus, or face charges of “abortion murder,” despite the fact that such a procedure is medically impossible;
  • Former Texas state representative Jodie Laubenberg, who claimed while in office that rape victims don’t need access to legal abortion, because they can get “cleaned out” with rape kits, which obviously is not at all how rape kits work;
  • Representative Michael Burgess, who somehow obtained a medical degree in 1977, and declared that male fetuses masturbate in utero—naturally, there is no evidence of this—, so abortions shouldn’t be allowed;
  • Former North Carolina state representative Henry Aldridge, who once said, “The facts show that people who are raped—who are truly raped—the juices don’t flow, the body functions don’t work, and they don’t get pregnant. Medical authorities agree that this is a rarity, if ever.” (Medical authorities do not agree with this);
  • Former congressman Todd Akin, who boldly declared on the campaign trail: “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”

Welcome to the club, Greg! Can’t wait to hear you parse the nuances of putting $10,000 bounties on the heads of individuals trying to help people escape your barbaric law.

 

In other Abbott news…

When he’s not signing and defending disgraceful abortion bills, he’s disenfranchising millions of his constituents. Per Bloomberg:

Greg Abbott on Tuesday signed one of the nation’s most aggressive laws curbing access to the ballot, joining a wave of such restrictions enacted after former President Donald Trump’s false claim that the 2020 election was stolen. The legislature passed the measure last month after an exodus from the state by Democratic lawmakers during the first of two special sessions. After the walkout sputtered, Republican lawmakers passed the bill without delay.

Republicans have spent months raising doubts about the 2020 election, which experts say was one of the nation’s most secure. Now, supporters of new state laws say too many voters have lost faith in voting systems, and must be reassured.

“We must have trust and confidence in our elections,” Abbott said at a signing ceremony in Tyler, Texas. “The bill that I’m about to sign helps to achieve that goal. It ensures that every eligible voter will have the opportunity to vote.” Of course, that’s an interesting way to describe a law that makes it harder to vote, by, among other things, ending drive-thru voting, limiting mail-in voting, and endowing partisan poll watchers with more power. In a tweet, the American Civil Liberties Union wrote “This law is unconstitutional and anti-democratic. Texas—we’ll see you in court. Again.” Beto O’Rourke, the former Democratic U.S. representative from El Paso, wrote in a statement: “Governor Abbott is restricting the freedom to vote for millions of Texans. Instead of working on issues that actually matter, like protecting school kids from Covid or fixing our failing electrical grid, Abbott is focused on rigging our elections and implementing extreme, right-wing policies.”

. . . .

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You can check out the rest of the always lively and entertaining “Levin Report” at the above link. Like their lost idol, Abbott & DeSantis are plumbing the absolute bottom of American politics and actually killing and irreparably harming their “constituents” as they do it. Undoubtedly, that will make them “heroes” in today’s existentially dangerous “anti-heroic, anti-democracy” GOP!

PWS

09-08-21

 

🏴‍☠️🤮☠️⚰️👎🏻STILL SCOFFLAWS AFTER ALL THESE MONTHS: UNHCR SPEAKS OUT AS BIDEN, HARRIS, GARLAND, MAYORKAS CONTINUE TRUMP-MILLER POLICIES OF ILLEGAL, IMMORAL, UNNECESSARY RETURN OF ASYLUM SEEKERS WITH NO DUE PROCESS UNDER BOGUS TITLE 42 RATIONALE! — Ever Wonder Why Racial & Gender Justice & Equity Are Mirages In Today’s America? — Look No Further Than The “Dred Scottification” Of “The Other” @ DOJ & DHS On Display Every Day!

“Floaters”
“Floaters — How The World’s Richest Country Responds To Asylum Seekers”
EDS NOTE: GRAPHIC CONTENT – “Can we really be proud of this ‘policy?’ Is spineless complicity in wrongdoing really ‘enlightened policy?’ What’s the purpose of an Attorney General who lacks the courage and backbone to stand up and demand immediate reinstitution of Constitutional standards and the rule of law at the border? How do we propose to put a woman or man on Mars when we can’t institute a basic asylum system?” (AP Photo/Julia Le Duc)

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/unhcr-calls-for-end-to-cdc-title-42-blockade

UNHCR Calls for End to CDC Title 42 Blockade

UNHCR, May 20, 2021, Statement attributable to UN High Commissioner for Refugees Filippo Grandi

“I appeal to the government of the United States to swiftly lift the public health-related asylum restrictions that remain in effect at the border and to restore access to asylum for the people whose lives depend on it, in line with international legal and human rights obligations.

I welcome the US government’s plans for much needed reform and capacity building to manage border processes and the positive steps that have been taken to exempt unaccompanied children and some families in situations of acute vulnerability from these severe restrictions. A system which allows a small number of asylum seekers to be admitted daily, however, carries with it a number of risks, and is not an adequate response. There is an urgent need to take further steps to provide access at ports of entry which remain closed to most asylum-seekers owing to the Title 42 public health order by the US Centers for Disease Control and Prevention (CDC), in place since March last year.

The Title 42 order has resulted in the expulsions of hundreds of thousands of people to Mexico or their countries of origin, denying their access to asylum procedures. Guaranteed access to safe territory and the prohibition of pushbacks of asylum-seekers are core precepts of the 1951 Refugee Convention and refugee law, which governments are required to uphold to protect the rights and lives of refugees. The expulsions have also had serious humanitarian consequences in northern Mexico.

We at UNHCR, the UN Refugee Agency, have maintained since the start of the pandemic that protecting public health and protecting access to asylum, a fundamental human right, are fully compatible. At the height of the public health emergency, many countries put in place protocols such as health screening, testing and quarantine measures, to simultaneously protect both public health and the right to seek asylum.

I encourage the US administration to continue its work to strengthen its asylum system and diversify safe pathways so asylum-seekers are not forced to resort to dangerous crossings facilitated by smugglers.

For our part, UNHCR stands ready to support the implementation of such a decision.”

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The suffering of migrants continues as does the indifference of Biden officials to racial and gender injustice. Such tone deafness and spinelessness doesn’t bode well for voting rights, police reform, criminal law reform, pay equity, health care, or any other civil rights/social justice initiatives from the Biden Administration!

The Biden folks can’t keep relying on the crimes against humanity by Trump as an excuse for continuing them! Not rocket science — but it should be the number one national priority now that COVID-19 seems to be getting under control and the economy is rebounding.

We aren’t gong to solve the centuries-old problems in the Middle East tomorrow! But, we could and should begin fixing our broken and dysfunctional immigration system and Immigration Courts today (actually should have been underway since Day 1 of the Biden Administration)!

🇺🇸Due Process Forever!

PWS

05-24-21