Defense Secretary Jim Mattis – immigrationcourtside.com

FINALLY, MATTIS SPEAKS OUT, RIPS TRUMP’S DISGRACEFUL REIGN: “Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership.”

https://www.axios.com/james-mattis-trump-protests-f325f239-17f1-4795-b6a4-0ab1587ad210.html?stream=top&utm_source=alert&utm_medium=email&utm_campaign=alerts_all

Orion Rummler reports for AXIOS:

Former Secretary of Defense James Mattis condemned President Trump for making a “mockery of our Constitution” in a statement to The Atlantic on Wednesday, saying he was “appalled” at the president’s response to mass protests in the wake of George Floyd’s killing.

Why it matters: Trump’s former defense secretary had refrained from publicly criticizing his former boss since resigning in 2018.

Full statement:

“I have watched this week’s unfolding events, angry and appalled. The words “Equal Justice Under Law” are carved in the pediment of the United States Supreme Court. This is precisely what protesters are rightly demanding. It is a wholesome and unifying demand—one that all of us should be able to get behind. We must not be distracted by a small number of lawbreakers. The protests are defined by tens of thousands of people of conscience who are insisting that we live up to our values—our values as people and our values as a nation.

When I joined the military, some 50 years ago, I swore an oath to support and defend the Constitution. Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the Constitutional rights of their fellow citizens—much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside.

We must reject any thinking of our cities as a “battlespace” that our uniformed military is called upon to “dominate.” At home, we should use our military only when requested to do so, on very rare occasions, by state governors. Militarizing our response, as we witnessed in Washington, D.C., sets up a conflict—a false conflict—between the military and civilian society. It erodes the moral ground that ensures a trusted bond between men and women in uniform and the society they are sworn to protect, and of which they themselves are a part. Keeping public order rests with civilian state and local leaders who best understand their communities and are answerable to them.

James Madison wrote in Federalist 14 that “America united with a handful of troops, or without a single soldier, exhibits a more forbidding posture to foreign ambition than America disunited, with a hundred thousand veterans ready for combat.” We do not need to militarize our response to protests. We need to unite around a common purpose. And it starts by guaranteeing that all of us are equal before the law.

Instructions given by the military departments to our troops before the Normandy invasion reminded soldiers that “The Nazi slogan for destroying us…was ‘Divide and Conquer.’ Our American answer is ‘In Union there is Strength.’” We must summon that unity to surmount this crisis—confident that we are better than our politics.

Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership. We can unite without him, drawing on the strengths inherent in our civil society. This will not be easy, as the past few days have shown, but we owe it to our fellow citizens; to past generations that bled to defend our promise; and to our children.

We can come through this trying time stronger, and with a renewed sense of purpose and respect for one another. The pandemic has shown us that it is not only our troops who are willing to offer the ultimate sacrifice for the safety of the community. Americans in hospitals, grocery stores, post offices, and elsewhere have put their lives on the line in order to serve their fellow citizens and their country. We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution. At the same time, we must remember Lincoln’s “better angels,” and listen to them, as we work to unite.

Only by adopting a new path—which means, in truth, returning to the original path of our founding ideals—will we again be a country admired and respected at home and abroad.”

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Better late than never. But, what if Mattis had spoken out earlier and helped lead the opposition to Trump. Would things be different now? Where was his leadership when the GOP was ignoring the evidence and failing to vote to convict and remove Trump for clear abuse of his office?

PWS

06-04-20

MOLLY HENNESSY-FISKE @ LA TIMES: Trump Administration Already Violating Law By Turning Away Asylum Applicants At Ports Of Entry: “Instead of expanding capacity to process asylum seekers at border crossings, officials have forced them to wait. The method varies from crossing to crossing.”

http://www.latimes.com/nation/la-na-border-immigrants-asylum-20181031-story.html

Molly reports in the LA Times:

Migrants arriving at the U.S. border to seek asylum are routinely subjected to tactics that immigration rights advocates say are designed to drive them away in violation of their rights under federal law.

The tactics include forcing them to wait at the border indefinitely or sending them back into Mexico to join a backlogged list maintained by Mexican immigration officials.

The Trump administration says such measures are necessary because it is not equipped to deal with a large increase in the number of asylum seekers, many of them from Central America. Last year, U.S. immigration courts handled 120,000 asylum requests, a fourfold increase since 2013.

But immigrant advocates contend the government is violating the U.S. Immigration and Nationality Act, which says any foreigner who reaches the U.S. has the right to apply for asylum.

U.S. Customs and Border Protection “is violating the law and turning away asylum seekers on Texas bridges,” said Shaw Drake, an El Paso-based attorney with the Texas ACLU’s Border Rights Center.

He said forcing immigrants to join a long waiting list is tantamount to turning them away.

“To turn them away with some amorphous instructions is illegal,” he said.

The issue is likely to come to a head when a caravan of several thousand Central Americans now heading north through Mexico arrives at the U.S. border. Many are expected to claim asylum, which they can do based on fear of persecution due to their race, religion, nationality, social group or political opinion.

Trump, who has vowed to close the border, said in an interview Monday with conservative TV and radio host Laura Ingraham that the U.S. would allow migrants to file asylum claims but that they would be forced to live in “tent cities” while they await court rulings, a process that can take years.

“We’re not going to build structures and spend all of this, you know, hundreds of millions of dollars,” Trump said. “We’re going to have tents. They’re going to be very nice and they’re going to wait and if they don’t get asylum, they get out… They don’t usually get asylum.”

Edgar Hernandez Gonzalez, right, his daughter Sherly and girlfriend Sofia Alvarez Favela wait to request asylum on the Santa Fe International Bridge in Ciudad Juarez. Gonzalez said he and his family were being threatened and were fleeing crime in Juarez. (Genaro Molina / Los Angeles Times)

Last week, after 20 immigrants from Cuba, Honduras, Mexico and Russia arrived at the border bridge in El Paso, U.S. officers stationed in the middle of the bridge — the “limit line” — told them to wait. And so they did, some for days in the cold and rain. Others stayed at a nearby shelter.

“We’ll wait and see, night and day, because I don’t have anywhere to go,” said Alexander Narzilloev, 35, who was with his wife and sons, ages 3 and 6.

Narzilloev ran a construction supply business in Moscow but fled after he was extorted by local mafia and received death threats, including one from a man who called and said he knew where Narzilloev’s son attended kindergarten, he Narzilloev said.

The family had originally gone to the crossing in Calexico, Calif., where officers told them they didn’t have space. After waiting a week and spending what remained of their $8,000 savings on a hotel, Narzilloev and his family caught a bus to Ciudad Juarez, Mexico, in hopes of entering El Paso.

“I heard in the news Trump said close all the borders. Has it happened yet?” he said. “That’s supposed to be for illegals. We are legal.”

Last week, several House Democrats sent a letter to Homeland Security Secretary Kirstjen Nielsen requesting a briefing on why and how asylum seekers were being turned away. Sen. Tom Udall, a New Mexico Democrat, issued a statement calling for “fair and orderly processing of asylum seekers.”

“Any attempts to deny these families and individuals their right to seek asylum are wrong,” he said.

The Trump administration has tried a variety of approaches to deter people from trying to reach the United States — most controversially a “zero tolerance” policy of criminally charging every adult migrant who crosses the border illegally, separating parents from their children.

The policy resulted in 2,654 children being separated and widespread outrage before Trump canceled it in June.

The administration still wants to detain families indefinitely and has been battling immigrant advocates in hopes of overturning a federal judge’s 1997 order that requires children be held for no longer than 20 days. Federal prosecutors have also fought to narrow the definition of political asylum.

But the government has been flummoxed by what Kevin McAleenan, commissioner of Customs and Border Protection, calls the “asylum gap”: the inability to stop people from making false claims for asylum and living legally in the U.S. for years while their cases proceed.

Immigrant advocates say the new tactics at the border are aimed at discouraging asylum claims. The ACLU of Texas noted Tuesday that Customs and Border Protection, the largest federal law enforcement agency, with a staff and budget doubled in the last 20 years, processed 1.1 million fewer people at the southern border last year than it did in 2000.

Instead of expanding capacity to process asylum seekers at border crossings, officials have forced them to wait. The method varies from crossing to crossing.

Cuban migrant Yunier Reyes, 35, waits with other migrants from Honduras and Mexico. (Genaro Molina / Los Angeles Times)

In El Paso, customs officers have told immigrants to return in a few hours, or simply “later.” The San Ysidro crossing in San Diego has been using a process called “metering,” in which asylum seekers have had to make appointments through Mexican immigration officials.

In a federal class-action lawsuit filed last year that’s still pending, Los Angeles- and Tijuana-based Al Otro Lado and other advocacy groups argued on behalf of more than a dozen immigrants that the policy violates international law and the right to due process.

The Office of Inspector General at the U.S. Department of Homeland Security recently reported that the practice of metering may have increased illegal border crossings.

During a visit to San Ysidro last week, McAleenan praised metering and said it’s likely to expand to other crossings if there’s a “significant increase in arrivals” in coming weeks.

He said the process didn’t amount to turning away immigrants because “they can stay in line if they want.”

“If somebody arrives and they have a claim, we are providing access,” he said, adding that some officers have been investigated, disciplined and retrained after turning away asylum seekers.

Other allegations were unsubstantiated, he said.

Edith Tapia, a policy research analyst with the Hope Border Institute, center, talks with a Mexican couple and their children who hope to request asylum in the U.S. at the foot of an international Bridge in Ciudad Juarez, Mexico. (Genaro Molina / Los Angeles Times)

Workers from the nonprofit Hope Border Institute visit El Paso bridges to document cases of asylum seekers being turned away. On Oct. 24, they found Pedro Morales, 21, and girlfriend Janet Macola, 19.

The two said they fled Cuba after authorities halted their attempt to open a beauty salon and threatened to throw Morales in jail. Now they were seeking asylum.

So was a family of four from the southern Mexican state of Guerrero. They said that their area had become a ghost town, controlled by a mayor in league with organized crime, and that they were too scared to be quoted by name.

The Cuban couple and the Mexican family approached U.S. officers at the center of the bridge and were told the same thing: “It’s full right now.”

The asylum seekers lingered on the bridge.

“What can we do?” the Mexican mother said.

Out of money and options, they would wait.

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The Trump Administration is squandering $50 million of your money to send troops to the US border for no tactical reasons whatsoever. https://www.newsweek.com/trump-administration-migrant-caravan-border-troops-1194215

And this is just for starters — the first few months. The total tab is likely to be multiples of $50 million.

The troops are prohibited by law from enforcing US immigration and criminal laws. As one critic of the previous, much smaller, deployment stunt indicated, the soldiers were basically used to “shovel horse manure” out of the Border Patrol’s stalls!https://thehill.com/homenews/administration/392582-national-guard-soldiers-trump-sent-to-border-are-shoveling-manure

It’s all a ridiculous political stunt that Secretary Mattis has shamefully gone along with. Talk about someone forgetting his oath — allowing the US Military to be used as a “political prop” for “White Nationalist Nation.” Presumably historians and biographers will remember “Mad Dog’s” dereliction of duty at a critical point in our country’s existence.

The real point is that for much less money than Trump is wasting on his “military stunt” he could place enough USCIS Asylum Officers at or near ports of entry on the Mexican border to promptly, professionally, and humanely process applicants in accordance with our laws. That would also encourage and reward individuals for appearing for orderly processing and security screening at the proper places, rather than entering the country surreptitiously. It would also reduce the strain on the Border Patrol by reducing incentives for illegal crossings of asylum seekers between ports of entry.

But, this isn’t about sensible or lawful border and asylum policy. It’s about a White Nationalist demagogue putting on a “show” for his “base.”

PWS

10-31-18

TRUMP ADMINISTRATION’S UGLINESS IS EVERYWHERE IN AMERICA! – Beloit College Grad/Honorably Discharged Army Vet Target For ICE Removal Despite Mattis’s Assurances To The Contrary!

http://www.washingtonpost.com/people/alex-horton

Alex Horton reports for the Washington Post:

Immigration and Customs Enforcement appears to have ignored a directive from prevent the deportation of noncitizen troops and veterans, seeking to remove a Chinese immigrant despite laws that allow veterans with honorable service to naturalize, court filings show.

Xilong Zhu, 27, who came from China in 2009 to attend college in the United States, enlisted in the Army and was caught in an immigration dragnet involving a fake university set up by the Department of Homeland Security to catch brokers of fraudulent student visas.

Zhu paid tuition to the University of Northern New Jersey, created by DHS to appear as a real school, long enough to ship to basic training using the legal status gained from a student visa issued to attend that school.

Then ICE found him and asked the Army to release him for alleged visa fraud. He left Fort Benning, Ga., on Nov. 10, 2016, in handcuffs as an honorably discharged veteran. He was detained for three weeks and released.

Zhu is waiting for a Seattle judge’s ruling on his removal proceedings, which are based on allegations by ICE that he failed to attend classes in violation of his student visa. His attorney says his client is a victim of federal entrapment.

Zhu’s case comes amid Trump administration pressure on immigration judges to speed up deportation proceedings in an apparent move to adjudicate more removals, aligning with President Trump’s stated goals.

But it also comes after Mattis said he would protect certain immigrant recruits who enlist through a program designed to trade fast-tracked citizenship for medical and language skills. Those assurances followed sustained controversy over how the Pentagon has exposed more than a thousand foreign-born recruits to deportation. A background-screening logjam began in late 2016 when fears of insider threats slowed clearances to a glacial pace.

[ A deported veteran has been granted U.S. citizenship, after 14 years of living in Mexico ]

“Anyone with an honorable discharge … will not be subject to any kind of deportation,” Mattis told reporters at the Pentagon in February, describing exceptions for those who commit a “serious felony” and anyone who has been authorized for deportation in an agreement he said was made with DHS Secretary Kirstjen Nielsen.

Zhu’s attorney, retired Army officer Margaret Stock, told The Washington Post those exceptions do not apply to him.

DHS referred questions to U.S. Citizenship and Immigration Services. Spokesman Jonathan Withington declined to comment, citing the pending litigation. ICE declined to provide a comment attributable by name.

But through court documents, ICE has interpreted the Mattis directive applies to a narrow group of foreign recruits that exclude Zhu. It’s unclear whether ICE consulted with the Pentagon on the subject, or if the agency has moved to deport other immigrant recruits since Mattis spoke in February.

Xilong Zhu at Army basic training graduation in 2016. (Xilong Zhu)

Zhu graduated from basic training on June 9, 2016, and was handed over to ICE custody months later, after the Army lost a battle to retain him, Stock said. Zhu was included in a group of “holdovers,” an Army term he disdains that refers to soldiers who fail training.

That wasn’t him.

“It made me nauseous to be lumped into that group,” he told The Post.

How Zhu got in his predicament is a strange, bureaucratic odyssey after he graduated from Beloit College in Wisconsin in 2013. He wanted to become a U.S. citizen, so he decided to enlist through the Military Accessions Vital to the National Interest (MAVNI) program that his father in China had read about. It trades expedited citizenship for language and medical skills in short supply among U.S.-born recruits.

. . . .

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Gee whiz, I thought that spending a week with the grandchildren in Beloit, Wisconsin might get us away from most of the Trump zaniness. But, no such luck as this story about a Beloit College graduate hit during the week. No end to the ways that ICE can think up to waste taxpayer money, clog already overwhelmed Immigration Court dockets with cases that no responsible prosecutor would even file, and exhibit mindless cruelty and irrationality in the process. Small wonder that some pols are starting to suggest that American would be safer and better off without ICE.

PWS

04-06-18

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